China News Service, February 9th. According to the official WeChat news of the People’s Procuratorate of Lanzhou New Area, Gansu, on February 7, the People’s Procuratorate of the Lanzhou New Area filed a criminal case with the Lanzhou New Area People’s Court against the defendant Xu, who produced and sold poisonous and harmful food. Incidental civil public interest litigation, requesting that the defendant Xu XX publicly apologize to the public in the media above the city level and pay 41370 yuan in punitive damages.
In July 2019, Xu Xun contracted stall 5 on the 1st floor of restaurant 1 at a college in the Vocational Education Park of Lanzhou New District to open "Jiuju Xiangmaocai".
In order to increase the flavor of the tasting vegetables and attract more students to consume them for profit, Xu bought 2 catties of poppy seeds from a condiment wholesale and retail store at Dongdajie Farmers Market, Nanzheng County, Shaanxi Province, at a price of 100 yuan per catty. It is ground into powder, mixed with other seasonings and processed into chili oil, which is added in the process of making maocai.
On September 3, 2019, a college in the Vocational Education Park opened, and the "Jiuju Xiangmaocai" stall operated by Xu began to operate.
On September 18, 2019, when the Lanzhou New District Market Supervision Administration conducted a supervision and inspection of the college’s student restaurant and conducted a rapid test of related foods, it was found that the quick test results of the pepper oil at the Mao Cai stall operated by Xu showed that the poppy shell ( Powder) was positive, the Lanzhou New Area Market Supervision Administration then conducted supervision and sampling of the stall chili oil, and entrusted Gansu Guoxin Runda Analysis and Testing Center to inspect the samples.
After inspection by Gansu Guoxin Runda Analysis and Testing Center, the chili oil submitted for inspection contained narcotine and papaverine.
It was also found that Xu XX was investigated and punished by the Lanzhou New Area Market Supervision Administration from September 3 to 18, 2019. The total turnover of the "Jiuju Xiangmaocai" stall was 42433 yuan, of which the sales used contained papaverine, The total turnover of Maocai made from the chili oil of Nakotin is 4137 yuan.
On November 26, 2019, the Lanzhou New Area Market Supervision and Administration Bureau transferred Xu XX's suspected production and sale of toxic and harmful food to the Lanzhou New Area Public Security Bureau for review.
On October 28, 2020, the Lanzhou New District Public Security Bureau transferred the case to this court for review and prosecution.
On January 29, 2021, the People's Procuratorate of Lanzhou New District filed a public prosecution for Xu XX producing and selling toxic and harmful food.
The People’s Procuratorate of Lanzhou New District believes that Xu XX illegally added toxic and harmful substances prohibited by the state to food in the vegetable chili oil, which constitutes a criminal offence and also poses a potential threat to the health and life safety of many consumers. , Damage to the public interest of society, should bear the corresponding civil liability. According to Article 55, paragraph 2 of the Civil Procedure Law of the People’s Republic of China, and the Supreme People’s Procuratorate’s Interpretation on Several Issues Concerning the Application of Laws in Public Interest Litigation Cases of the People’s Republic of Acts that infringe on the legitimate rights and interests of many consumers have the right to initiate civil public interest litigation. After reviewing all case materials, performing the pre-litigation announcement procedure, and after being approved by the Lanzhou People’s Procuratorate, this court filed a criminal incidental civil public interest lawsuit with the Lanzhou New District People’s Court. At present, the court has accepted the case.