Visiting the "Mama Mao Business Department" that sold cooked food and was cracked down: Although it is a small workshop, it has complete licenses
The Maomama Local Specialty Products Management Department (hereinafter referred to as "Maomama Management Department") in Zhongxian County, Chongqing City, suffered from the "anti-counterfeiting" that continued to ferment.
In July last year, Shao Baichun, a man from Heilongjiang Province, bought 150 cooked meals in Mao's mother's business department.
After receiving the goods, Shao Baichun found that there was no product name, production date, shelf life and other information on the packaging of this batch of cooked food, so he sued the "Mama Mao Business Department" to the court, requesting "refund one for ten".
After hearings by Hechuan District People's Court of Chongqing and Chongqing No. 1 Intermediate People's Court, both courts supported Shao Baichun's appeal.
This matter sparked a huge debate on the Internet. Some netizens supported Shao Baichun's approach, while others sympathized with the producers and operators, believing that this was a crackdown on counterfeiting for profit.
Zhongxian Maoma Souvenirs Management Department.
The pictures in this article are all by the surging news reporter Wang Xintu
On April 24, Peng Mei News (www.thepaper.cn) visited and found that the "Mama Mao Business Department" is a small family-owned food production and processing workshop, which has obtained the "Food Business License" and the "Chongqing Food Production and Processing Small Workshop Registration". certificate".
Wang Yaqiong, the legal representative of the operation department, said that the operation department was gradually developed by her mother-in-law Mao Lanying pickling one jar of pickles, and the punishment of "ten times the price" was too harsh for them.
In the face of controversy, Shao Baichun said that the law cannot be trampled on, and companies that violate the law must be punished.
"I will never regret or compromise against illegal enterprises."
On April 22, the Chongqing No. 1 Intermediate People's Court announced that it had explained the litigation rights enjoyed by the parties, telling them that if they were not satisfied with the second-instance judgment, they could, in accordance with the relevant provisions of the Procedural Law, 66 from the date when the second-instance judgment came into effect. File a retrial application within a month.
Food production and processing workshop registration certificate.
Returning to the hometown to start a business, producing and processing local specialties
At noon on April 22, The Paper came to Baigao Village, Maguan Town, Zhongxian County, Chongqing City.
The roads here are wide, the crops on both sides are growing well, and it has just rained, and the air is particularly fresh.
The signboard of "Mama Mao Souvenirs" standing on the side of the road indicates that the destination is nearby.
Walk along the branch road for 50 meters, pass a small fish pond, and then climb a concrete slope, which is the door of "Mama Mao's Business Department".
This is a two-story building. The first floor is a place for storage and packaging and delivery. On the wall are the fermented sauce test reports issued by the Chongqing Wanzhou Food and Drug Inspection Institute, and the tempeh inspection report issued by the Wanzhou Food and Drug Inspection Institute. Photocopies of licenses, etc.; the second floor is where food is processed and stored.
Peng Mei News saw that the "Mao Mama Management Department" is not big and the environment is relatively clean.
Wang Yaqiong said that "Mama Mao's Management Department" was slowly made by "Mama Mao" one jar of pickles.
"Mother Mao" refers to Mao Lanying, 66 years old this year.
Mao Lanying and his wife Zhang Shuping are both from Zhongxian County. Before their daughter-in-law decided to return to their hometown to start a business, the old couple made a living by farming.
Mao Lanying inherited the craftsmanship of homemade sauce from his ancestors.
Mao Lanying has many relatives, so she often makes pickles or kimchi for her relatives to eat.
Mao Lanying and his wife have one child named Zhang Yibo.
In 1998, Zhang Yibo retired from the army after participating in flood fighting and rescue in Jingzhou, and worked on a construction site.
Later, Zhang Yibo met Wang Yaqiong, a sister from Dianjiang. After the two got married, Zhang Yibo continued to work, while Wang Yaqiong opened a pedicure shop in Zhongxian County, earning more than 3,000 yuan a month.
A corner of the business department.
In 2016, Wang Yaqiong started a part-time job and became a micro-business.
What to sell?
Anyway, my mother-in-law has this skill, and the pickled vegetables are really delicious, so I just sell them.
"To be honest, the pickles sold at that time were indeed 'three no products'." Wang Yaqiong introduced that she established a WeChat group with relatives, friends, and pedicure shop customers as the "team", where she sold pickles marinated by her mother-in-law. , 12 yuan a pound.
Wang Yaqiong said that she and the people who buy pickled vegetables know each other, and then rely on acquaintances and word of mouth to develop slowly.
"They buy two to three catties, three to five catties at a time, and it takes more than a month to sell out one or two hundred catties of pickled vegetables each time."
According to Wang Yaqiong, her clients are mainly residents of Zhongxian County, as well as fellow villagers working in Yunnan and Xinjiang who crave hometown delicacies and also buy pickles from Wang Yaqiong.
Wang Yaqiong packed the pickles and sent them to customers.
Later, she negotiated with her mother-in-law to make some wheat paste and chili by hand and sell them.
A year later, Wang Yaqiong decided to transfer the pedicure shop in the county and return to the countryside to start a business, specializing in local specialties.
Wang Yaqiong took out the stored burnt white from the freezer.
Complete licenses, trademarks have been applied for
According to the license information provided by Wang Yaqiong to the reporter, "Mao Mama Business Department" obtained the "Food Business License" on August 24, 2017, and the business items are the sales of prepackaged food and bulk food (including refrigerated and frozen food), and the license is valid. As of August 23, 2022, the issuing authority is the former Zhongxian Branch of Chongqing Food and Drug Administration.
On May 8, 2021, the Zhongxian Market Supervision Bureau issued the "Chongqing Food Production and Processing Small Workshop Registration Certificate" to the "Mao Mama Business Department", which contains food categories and varieties including vegetable products, soy products and meat products.
In addition, "Mao Mama Business Department" also specially applied for the trademark "Mao Lanying".
"Chongju Daily" once reported on the development of "Mama Mao's Management Department" with "The old taste of "Mama Mao" wafts out of the mountain.
According to the report, in the initial stage of the business in 2017, facing difficulties in recruitment, lack of equipment and production sites and other problems, Wang Yaqiong and her husband used their brains to solve them one by one.
Lack of manpower, the whole family, young and old, went into battle, the elderly taught craftsmanship, and young people opened online stores to expand sales; lack of equipment, the family bought a large number of old jars, which are affordable and environmentally friendly; lack of production sites, they transformed idle houses into production workshops; It was too hot to burst the bottle, and the couple continued to study and improve the technology.
According to the report, "With the spirit of Zhongxian people who are not afraid to endure hardship and have the courage to innovate, we will gradually increase the 'Mao Mama' local specialty from small to large." Wang Yaqiong said that the production of rural local specialties is seasonal, and what is harvested in what season , they buy from the villagers, continue to explore and improve, gradually improve the production process, strictly require to ensure the high quality of products, adhere to the traditional craftsmanship of zero addition, zero anticorrosion, and pure handwork, and only make seasonal products, which not only ensures the quality of the products Safe and hygienic, and inherits the traditional food flavor.
The report also said that through continuous development, the traditional products of "Mao Mama" sold more than 500,000 yuan in 2019, with a profit of more than 250,000 yuan, of which e-commerce sales were more than 350,000 yuan.
Through working and purchasing agricultural products, more than 20 poor households have been lifted out of poverty and become rich.
After receiving the big order, Wang Yaqiong sent a circle of friends to promote it.
Twice encountered "fake"
However, as practitioners in the food production and processing industry, Wang Yaqiong and others lacked safety and risk awareness, and did not strictly follow relevant laws and regulations for production and sales.
Wang Yaqiong told The Paper that a member of the WeChat group bought products from her and took them to the gas station for sale. An anti-counterfeiter bought 30 bottles of sauce and claimed 10,000 yuan from the member. After that, Wang Yaqiong and the member each paid 5,000 yuan. compensation.
However, this lesson did not make Wang Yaqiong pay enough attention to the risk of missing product packaging information.
In July last year, Wang Yaqiong "falled" again.
The screenshots of WeChat chat records shown by Wang Yaqiong to The Paper show that in 2019, a netizen named "Love is a gust of wind" added Wang Yaqiong's WeChat, and after inquiring, the netizen transferred 110 yuan on WeChat to buy two catties of sweet and sour garlic and two pounds of garlic.
On July 8, 2021, the netizen inquired about the price of burning white, and Wang Yaqiong replied, "One serving of burning white, double-cooked pork, and steamed pork with noodles is 38.8 (yuan), and if it is sent out, we will pay for it."
Later, the netizen asked for one serving of boiled white, one serving of steamed pork with noodles, one serving of twice-cooked pork with dry pickles, and one serving of twice-cooked pork with fenugreek. The recipient was Shao Baichun, and the address was Jiangshan Mingmen Community, Jiangbei District, Chongqing.
When Wang Yaqiong sent the above information to the netizen for verification, the netizen replied "Yes".
On July 12, Wang Yaqiong asked the netizen if he had received Burning White, and the netizen replied "Yes."
Wang Yaqiong then reminded the netizen, "If you don't eat it in time, please put it in the freezing room, and if you eat it right away, please steam it for 20 minutes."
On the same day, the netizen placed a large order: 50 servings of roasted white, 50 servings of steamed pork, and 50 servings of twice-cooked pork. The recipient was Shao Baichun, and the delivery address was the front desk of a hotel in Hechuan District, Chongqing.
The two parties also agreed on the packaging method and the choice of express delivery.
Wang Yaqiong guarantees that all native products do not add any preservatives, no fake additives, only seasonal products, and the whole process is purely handmade.
Wang Yaqiong, who received the big order, was very happy, and posted on the Moments that night to publicize: "Thank you for your trust, we will start with 50 servings of roasted white, steamed pork, and double-cooked pork. We must have a very happy cooperation. We will eat 120 of our Mao mother's local specialties. Heart."
Wang Yaqiong said that when making these foods, she shot videos, which can be used as feedback to consumers and as advertising material in the circle of friends.
On August 10, the netizen placed another order for the above four products, the recipient was "Sister Li", and the address was also Jiangshan Mingmen Community.
What Wang Yaqiong didn't expect was that not only did she not wait for the praise of the netizen, but she received a court summons - Shao Baichun sued "Mama Mao's Management Department".
Second Instance Judgment (Part).
Second Instance Judgment (Part).
Both the first and second trials were unsuccessful
Shao Baichun wrote in the complaint that he purchased 150 products from the "Mao Mama Management Department" micro-store, with a discounted unit price of 30 yuan (total price of 4,500 yuan).
After deducting the WeChat red envelope, the actual payment was 4499.16 yuan.
This product is used as a gift for relatives and friends. The boiled and steamed meat is served in a small earthen bowl. There is a vacuum transparent bag on the outside. The double-cooked meat is sealed in a golden aluminum foil lunch box and sealed.
After receiving the food, my friends reported that the product was a bit like Sanwu food.
After careful inspection, it was found that the food packaging was not marked with the basic content such as the production date, shelf life, manufacturer, manufacturer's contact information, ingredient list, SC number, etc. It was obviously a three-no food.
However, as a seller, the merchant obviously failed to fulfill its reasonable review obligations, which led to the fact that Sanwu food circulated in the market clearly.
Shao Baichun asked the court to order the "Mama Mao Business Department" to return the payment of 4499.16 yuan and compensate 44991.6 yuan.
The Hechuan District Court of Chongqing held that the sales behavior of "Mama Mao's Business Department" violated Article 19 of the "Chongqing Regulations on the Administration of Small Food Production and Processing Workshops and Food Vendors" and Article 68 of the "Food Safety Law". The court supports the claim for refunding Shao Baichun’s payment for goods; according to Article 148 of the Food Safety Law, the “Mama Mao Business Department” knows that the steamed pork, boiled white and double-cooked pork that it produces and sells should be marked. It is still unmarked and sold directly, which belongs to the production and operation of food that does not meet the food safety standards. Therefore, the court also supports the petition for compensation of ten times the price.
The Hechuan District Court then ruled that "Mama Mao's Business Department" "refunded one and compensated ten".
Wang Yaqiong refused to accept and appealed to the Chongqing No. 1 Intermediate Court.
The judgment issued by the Chongqing No. 1 Intermediate People's Court on April 7, 2022 shows that during the second instance of the court, the parties did not submit new evidence. The facts and evidence found in the second-instance trial were the same as the first-instance trial, and the court confirmed it.
The court held that the focus of the dispute in the second instance was whether the product involved in the case was a product that did not meet the food safety standards and whether the “Mao Mama Business Department” should bear the punitive compensation liability.
When the product involved in the case was sold, the outer packaging did not mark the necessary product information such as the manufacturer's information and product shelf life, which violated the mandatory regulations.
In the first instance, "Mao's Business Department" had no objection to the above-mentioned problems with the label on the product packaging. In the second instance, although the relevant materials were submitted to show that the product label had been improved, it could not deny that the product involved in the case violated the law when it was sold. , the basic facts of the mandatory provisions of the regulations.
The "Mao Mama Business Department" sales case involved products that did not meet food safety standards, and should bear corresponding legal responsibilities.
Therefore, Shao Baichun's request for "Mama Mao's Management Department" to bear the responsibility of punitive damages is supported.
The judgment shows that the Chongqing No. 1 Intermediate People's Court held that the appeal opinion of the "Mao Mama Business Department" that Shao Baichun's purchase behavior was for profit-making purposes, and did not belong to consumers, should not support the tenfold punitive damages request, and the Supreme People's Court's appeal opinion. Article 3 of the Provisions on Several Issues Concerning the Application of Law in the Trial of Food and Drug Dispute Cases (Editor's Note: Article 3 If a dispute arises over food or drug quality issues, the purchaser claims rights against the producer or seller, and the producer or seller shall purchase the The people's court shall not support it if the person knows that there is a quality problem in the food or medicine but still purchases the defense, contrary to the provisions.
To sum up, the appeal opinion of "Mama Mao's Management Department" cannot be established, and the original judgment is correct and should be upheld.
Judgment: The appeal was dismissed and the original judgment was upheld.
"Anti-counterfeiters" say they will never compromise
Regarding such a verdict, Wang Yaqiong still expressed "unacceptable" in an interview with The Paper.
Wang Yaqiong frankly said that although she did not mark relevant information, she did not do it for illegal purposes. The family worked hard, and ten times the compensation was too harsh.
"After this incident, the business basically stopped, and my mother (mother-in-law) often couldn't sleep well." The products placed in the Maguan e-commerce center are all marked with relevant information on the packaging.
The products placed in the Maguan e-commerce center are all marked with relevant information on the packaging.
Shao Baichun denied to The Paper that he was "fishing and cracking down on fakes".
Shao Baichun said, "Love is a gust of wind" is not him, he only bought it once (150 copies).
In the face of netizens accusing Shao Baichun of "unjust" behavior such as cracking down on counterfeiting for profit, Shao Baichun expressed no regrets and no compromise.
Shao Baichun said that in 2019, Wang Yaqiong had been claimed for the sale of Sanwu Sun sauce, and she herself admitted the matter.
However, Wang Yaqiong did not take corrective measures in a timely manner, and still "goes in its own way".
"Imagine if I buy 5 or 10 copies of the Sanwu Deduction Bowl claim, Ms. Wang will pay me one or two thousand yuan to continue to sell the Sanwu food all over the country? Is this the result you want to see?"
Shao Baichun said: "I don't regret being scolded by others. This incident has destroyed a gang of three-no food micro-businesses. Even if the rest of my life is exposed on the Internet, I will not compromise. An enterprise is an enterprise. If it violates the law, it must be punished. , Tears can be sympathetic but are not the reason for breaking the law. There are hundreds of millions of old women and grandpas in China, and illegal businesses all pull their elderly people to the online platform to cry. How long will it take for China to popularize the law? I will never regret fighting against illegal enterprises. compromise!"
On April 22, the Chongqing No. 1 Intermediate People's Court issued a "Circular" stating that recently, some media reported that "the case of being punished for selling 150 bowls of cooked meat 'three no products'" has attracted social attention.
On the afternoon of April 22, the court sent staff to Baigao Village to actively listen to the opinions of the parties, and explained the litigation rights enjoyed by the parties, telling them that if they were not satisfied with the judgment of the second instance, they could, according to the relevant provisions of the Procedural Law, take effect in the judgment of the second instance. The application for retrial is filed within 6 months from the date of filing.
The staff also introduced the process of applying for a retrial of a civil case, and provided materials such as the "Practical Guide for Filing a Civil Application for Retrial Case" and the format of commonly used litigation documents for the "Application for Civil Retrial".
Wang Yaqiong said she will apply to the court for a retrial.