China News Service, March 15. According to the website of the Supreme People's Court, the food safety of minors is related to the physical health and life safety of minors. The party and the country have always attached great importance to it, and the public is highly concerned.
Over the years, the people's courts have strictly implemented the judicial protection of minors' food safety, thoroughly implemented laws and regulations such as the Minors Protection Law, the Food Safety Law, and the Consumer Rights Protection Law, and established special, priority, two-way, and comprehensive judicial protection for minors. The policy concept is implemented in all judicial fields, and cooperation with relevant departments is strengthened to build a food safety barrier for minors.
In order to give full play to the evaluation, guidance, warning and educational functions of typical cases, the Supreme People's Court released four typical cases involving the judicial protection of minors' food safety.
These four cases mainly have the following characteristics:
The first is related to the safety of minors’ daily food and campus dining.
Among the four cases, three involved minors' daily food, and the other involved campus catering, which is closely related to minors' daily life and physical health and has far-reaching significance.
The accurate judgment of these cases that occur in the field of minors' food safety and are close to the daily lives of minors requires the People's Court to give full play to its criminal, civil and administrative judicial functions for minors, strictly implement the legal provisions on minors' food safety, and adhere to the law. From the standpoint of severe punishment, implement the vivid practice of the principle that is most beneficial to minors.
The second is to reflect the spirit of severe punishment for violations of food safety violations against minors.
Resolutely shining a sword against minors' illegal and criminal behavior in the food field is of great significance for maintaining the physical and mental health of minors and promoting the formation of a good social environment.
For example, Case 1 was a case involving the addition of food additives beyond the scope of the scope. Consumers requested ten times punitive damages, and the court ruled in favor of this.
Case 3 was a case of selling expired dairy products for profit. A large amount of expired food flowed into the market, and the amount involved was large. The court was ultimately convicted of selling counterfeit and substandard products and held criminally responsible.
Strict punishment of illegal and criminal acts in accordance with the law demonstrates the people's court's firm determination to severely crack down on illegal and criminal acts that infringe on minors' food safety.
The third is to focus on issues of common concern to the people.
The selection of cases focuses on frequent cases or typical cases involving the food safety of minors that are of general concern to society.
For example, Case 2 was a case in which a seller falsely advertised maternity and infant products. After the consumer was deceived, he filed a lawsuit. The court ultimately determined that the seller was selling goods through false or misleading product descriptions, which constituted fraud. The court ruled in favor of triple punitive damages. .
Case 4 is an administrative dispute involving campus food safety. Illegal food operations caused 18 students to become ill. The People's Court supported the administrative agencies in accordance with the law to severely punish illegal food companies.
These cases are of widespread concern to the people.
The People's Court actively responds to social concerns and severely punishes illegal acts in accordance with the law, which is conducive to purifying the market and promoting the formation of a food safety governance structure for minors that is co-constructed, co-governed and shared.
The centralized release of these typical cases is to demonstrate, on the one hand, the People's Court's clear stance and firm determination to strictly punish all types of illegal crimes that endanger minors' food safety and to safeguard the legitimate rights and interests of minors in accordance with the law. On the other hand, it also We hope to further enhance the legal awareness and food safety awareness of food producers, operators and the public, promote the whole society to build a healthy development order for food production and operation, and work together to create a good legal and social environment for the safety and healthy growth of minors.
In the next step, regarding food safety issues involving minors, the People's Court will focus on the following three aspects of work: First, give full play to the role of trial functions, further integrate criminal, civil, and administrative trial functions involving minors, and comprehensively strengthen the supervision of minors. Judicial protection of human food safety.
The second is to strengthen communication and cooperation with administrative departments, smooth communication channels, and improve collaboration mechanisms to form a joint force to punish illegal and criminal activities in the food field in accordance with the law.
The third is to strengthen the publicity of food safety and legal knowledge, promote food producers, operators and the public to improve food safety and legal awareness, regulate food production and operation activities involving minors, and use the sword of the rule of law to protect the food safety of minors.
Case 1
Li v. a dairy company product liability dispute case
——The addition of food additives beyond the scope does not meet food safety standards, and consumers have the right to demand ten times punitive damages.
Basic case facts
On May 18 and 19, 2019, Li purchased 18 cans of solid drinks produced by a dairy company, with a unit price of 328 yuan per can, totaling 5,904 yuan.
The ingredient list of this product indicates: glucose syrup, vegetable fat powder, amino acids and other ingredients.
Among them, ingredients such as L-lysine, L-methionine, L-tryptophan, and L-tyrosine are marked in the amino acid brackets.
Li believed that the food categories allowed for the use of four amino acids, including L-lysine, L-methionine, L-tyrosine, and L-tryptophan, did not include solid beverages, and the products involved in the case constituted over-the-range additions. He appealed to a certain The dairy company refunded the purchase price of 5,904 yuan and assumed compensation of 10 times the purchase price.
A dairy company argued that the L-lysine, L-methionine, L-tyrosine, and L-tryptophan amino acid complexes labeled in the products involved in the case were hydrolyzed through a special process, that is, protein plus enzyme preparations. , which is a substance that exists in modified form rather than added. The relevant statements in the ingredient list and food safety comply with national standards.
referee result
After hearing, the court held that according to the "National Food Safety Standards for the Use of Food Nutritional Enhancers" (GB14880-2012), the food categories allowed for the use of L-lysine do not include solid beverages, but the product involved in the case is a protein solid beverage and is not Foods that can be added with the above amino acids.
As a food producer, a dairy company failed to provide evidence to prove that the other three amino acids can be used in non-special dietary foods and the source of their compounds. It failed to provide evidence to prove that the three amino acids can be used in the food involved in the case, and it should bear the adverse consequences. Legal Consequences.
Plaintiff Li's purchase of 18 cans of solid beverages was in line with local consumption and purchasing habits. As a producer, a dairy company produced products that did not comply with the "National Food Safety Standards for the Use of Food Nutrient Enhancers". The court ordered him to pay ten times The punitive damages for the purchase price were 59,040 yuan.
Typical meaning
Food safety is a major basic people's livelihood issue, especially the food safety of infants and young children, which involves millions of families. The country has formulated strict standards for infant and young child food safety.
This case involves the most common formula powder solid beverage for infants and young children. By clarifying that the amino acids in the solid beverage are added beyond the scope and thus affecting food safety, the manufacturer was sentenced to pay ten times punitive damages, demonstrating the people's court's determination to protect infant food safety. determination and also provide reference for similar cases.
Case 2
Yan Mou sued a certain maternity and baby supplies store for a sales contract dispute case
——Sellers make false propaganda, and consumers have the right to demand triple compensation.
Basic case facts
Because her daughter was allergic to ordinary milk powder, Yan went to a maternity and infant products store to purchase a product as a substitute for milk powder since April 2018.
On May 14, 2020, Yan went to a maternity and infant products store to buy the product again, and asked Guan, the operator of a maternity and infant products store, about the performance of the product. Guan made it clear that the product could "regulate allergies."
Yan made an audio and video recording of this.
Hou Yan reported to the local Market Supervision and Administration Bureau, saying that a certain maternity and baby products store claimed that its products could regulate allergic symptoms, which constituted both false and misleading publicity. It had caused the reporter’s misunderstanding and led to his purchase. And use solid drinks for children for a long time.
On July 23, 2021, the Administration for Market Regulation issued a certain municipal supervisory office [2021] No. 108 administrative penalty decision, ordering a certain maternity and baby products store to stop illegal activities and A fine of RMB 300,000 shall be imposed.
Hou Yan sued the court, demanding that a maternity and baby products store return the price and pay punitive damages.
referee result
After hearing, the court held that according to the provisions of the "Food Safety Law of the People's Republic of China", manufacturers and operators are responsible for the content of labels and instructions provided by them; the content of food advertisements must be true and legal, must not contain false content, and must not involve disease prevention or treatment. Function; Food producers and operators are responsible for the authenticity and legality of food advertising content.
my country has stricter regulations on special foods.
Therefore, no matter whether it is ordinary food or special food, it must not involve the promotion of disease prevention and treatment functions.
A maternity and baby product store deliberately misled consumers with the rhetoric of "regulating allergies," which was a false or misleading product description and constituted fraud.
According to Article 55 of the Consumer Rights Protection Law of the People's Republic of China, consumers have the right to demand compensation three times the amount of consumption.
It was then ordered that a maternity and baby products store refund the purchase price and pay Yan Mou three times the price as punitive damages of 54,624 yuan.
Typical meaning
Infant food is directly related to the healthy growth of minors.
In real life, there are situations where sellers falsely advertise products even though they are of good quality.
In this case, the seller claimed that the solid drinks sold could regulate allergies, misleading consumers and causing harm to infants and young children.
This type of behavior is typical of current violations of food safety among minors. The judgment in this case is of great significance in curbing false propaganda, advocating honest operations, and promoting the establishment of a healthy order for food production and operation.
Case 3
Defendant Jin’s case of selling counterfeit and substandard products
——Tampering with the production date and selling expired dairy products will result in criminal liability according to law.
Basic case facts
From March 2021 to November 2021, in order to obtain illegal profits, the defendant Jin purchased a large number of dairy products that had exceeded the shelf life through Ou, and took advantage of his convenience as a dealer to select dairy products that could be sold in the market through the internal dealer network. Batch number, set up a processing base in a certain place in a certain province, organized He, He, Gao and Wu (all dealt with in separate cases) and others to tamper with the original production date and batch number of the product by spray painting to pretend to be a new date product, and then sold it to individual provinces .
According to statistics, Jin sold expired dairy products to dealers and others, with a sales amount of 272,142 yuan and an unsold value of 23,498 yuan.
Among them, some of the seized products were compared with the manufacturers and determined to be products with tampered production batch numbers and dates, making traceability impossible.
The procuratorial organ accused the defendant Jin of producing and selling counterfeit and inferior products.
referee result
After trial, the court held that the defendant Jin teamed up to sell milk products that had exceeded the shelf life produced by others to obtain profits by changing the production date, shelf life, changing packaging, etc. The sales amount was 272,142 yuan and the unsold value was 23,498 yuan. His behavior has been constitutes the crime of selling counterfeit and inferior products.
Jin plays a major role in the joint crime and is the principal offender.
The defendant Jin was convicted of selling counterfeit and inferior products and was sentenced to three years and three months in prison and fined RMB 200,000. His illegal gains were confiscated.
Typical meaning
The food safety of minors has always been the focus of social attention.
The sale of dairy products that have exceeded their shelf life carries high food safety risks and social harm, and is expressly prohibited by the Food Safety Law. If it constitutes a crime, criminal liability shall be pursued in accordance with the law.
In order to obtain illegal profits, the defendants in this case took advantage of the convenience of being a dairy product dealer to purchase and resell dairy products that had exceeded their shelf life. The amount involved was large and the scope of impact was wide. The court convicted and sentenced him in accordance with the law, which reflected the seriousness of behaviors that endanger children's food safety. A never-tolerant attitude will help regulate food business activities involving minors and provide food safety guarantees for the growth of minors.
Case 4
An administrative penalty case brought by a catering management company against a certain district market supervision bureau
——Providing contaminated lunches to schools, the court supports the administrative agencies to severely punish them in accordance with the law
Basic case facts
A catering management company provides lunch to a total of 9 primary and secondary schools in a city.
A total of 11,887 lunches were provided on September 3, 2020, with the price of each lunch being 10 yuan.
On September 4, 2020, the local Market Supervision and Administration Bureau received multiple reports, saying that after the meal on September 3, many students from multiple schools developed symptoms of abdominal pain and diarrhea and were rushed to the hospital.
The Market Supervision and Administration Bureau immediately joined relevant departments to conduct an on-site investigation at the company's business premises and found that during the storage, processing, and distribution of the above-mentioned school lunches, employees of a catering management company took food and cooked food with bare hands, failed to wash hands and disinfect in time, or There are illegal operations such as changing cleaning gloves, stacking food during the process of passing dishes, and serving meals at room temperature for too long.
After discussion and analysis by the Center for Disease Control and Prevention of a certain district, this case involved a total of 18 primary and secondary school students who were infected after eating meals prepared by a catering management company. Similar illnesses were clustered foodborne diseases caused by eating contaminated lunches.
The Market Supervision and Administration Bureau made an administrative penalty decision on July 12, 2021 after conducting an investigation under legal procedures within the statutory period. It believed that the behavior of a catering management company violated Article 34 of the Food Safety Law of the People's Republic of China. The provisions of paragraph 1 of Article 54 and paragraph 1 of Article 40 of the "School Food Safety, Nutrition and Health Management Regulations" constitute the operation of operating dirty and unclean food, failure to store food as required, and failure to retain samples as required. Illegal behavior, and in accordance with Articles 124 and 132 of the "Food Safety Law of the People's Republic of China" and Article 56 of the "School Food Safety, Nutrition and Health Management Regulations", a catering company shall be ordered to The management company immediately corrected the illegal behavior, issued a warning and fined 1,901,920 yuan.
A catering management company was dissatisfied with the penalty decision and sued the People's Court.
Reasons for refereeing
After the trial, the court held that the Market Supervision and Administration Bureau immediately conducted an on-site investigation of the business premises of a certain catering management company after the incident, inquired about relevant production and operation conditions, and at the same time retrieved operational surveillance videos during production and operation to find out that a certain catering company The management company had irregularities in its operations during the storage, processing, and delivery of lunches.
As a professional institution, the Centers for Disease Control and Prevention also conducted epidemiological investigations and laboratory tests on the food incidents involved in the case, and issued a "Case Closing Report on the cluster of foodborne diseases among students in a certain district". The cause of the disease and the source of suspected food contamination were verified, and the conclusion was drawn that the disease was caused by a cluster of food-borne diseases caused by eating a contaminated lunch. The meal was lunch on September 3, and the causative factor was side effects. Vibrio haemolyticus.
Therefore, the Market Supervision and Administration Bureau determined that the lunch delivered by a catering management company was filthy and unclean food. The facts were clear and the evidence was conclusive. At the same time, the applicable laws were correct, the amount of punishment was appropriate, and the procedures were legal.
Therefore, the lawsuit filed by a catering management company was dismissed in accordance with the law.
Typical meaning
In recent years, food safety issues caused by meal preparation for primary and secondary school students have occurred from time to time, causing concerns among parents and the public.
This case is a typical food safety incident in primary and secondary schools.
The Market Supervision and Administration Bureau, with the cooperation of relevant government departments, conducted an in-depth and detailed investigation into the production, storage, distribution and other aspects of the food production enterprises involved, and imposed penalties in accordance with the law.
The People's Court supports administrative penalties in accordance with the law and resolutely says "no" to behaviors that endanger students' health.
By performing judicial functions fairly and in accordance with the law, the People's Court promotes the formation of a work pattern in which all parties fulfill their responsibilities, jointly manage and jointly govern, standardize the production and operation order of food production enterprises, and protect the "safety on the tip of the tongue" of primary and secondary school students.