The hawker sold 32 pounds of unaware pork was fined 30,000 yuan. Lawyer: This is a light penalty
Author:Pole news Time:2022.08.02
Jimu Journalist Zhan Yan
Recently, Liuzhou, Guangxi, seized a case of unprepared life pork cases sold together. In the case, the law enforcement agency confiscated 32.1 pounds of pork from the parties and fined 30,000 yuan. Regarding the question of many netizens' "punishment too much", some lawyers told Jimu Journalists that according to the Food Safety Law, 30,000 yuan was fine.
There is no quarantine seal on the pork (picture source: Liuzhou Evening News)
According to local media reports of Liuzhou, the Liujiang District Market Supervision Bureau of Liuzhou City recently inspected the market and market peripheral of Liujiang. In the meat stalls around the Jinzhu Market in Laibao Town, Liujiang District, law enforcement officers found that a pork shop was sold on the pork shop, and there was no animal quarantine stamp and the seal of the meat quality inspection. Qualification certificate, animal quarantine qualification certificate. Law enforcement officers immediately forced the remaining raw pork and filed a case for investigation.
According to the report, in accordance with the "Illegal Increased Income of the Administrative Penalty Cases of Industry and Commerce Administrative Administrative Organs", "Article 28, Article 28, Article 28, and Article 123 of the Food Safety Law of the People's Republic of China The provisions of paragraph 4, paragraph 4, confiscated 32.1 catties of pork and 4 knives detained in illegal operations of the parties, confiscated 326.85 yuan of illegal income from the parties, and fined 30,000 yuan. The total fined total was 30326.85 yuan.
After the relevant information was made public, many netizens questioned the "illegal income of 326 yuan, but the fine of 30,000 yuan" in the case, saying that there was a suspicion of excessive punishment, and expressed sympathy for hawkers.
On the morning of August 2nd, Jimu Journalists contacted the Liujiang District Market Supervision Bureau Office. The staff said that the case was indeed investigated, but the details were not disclosed.
On the same day, Jimu Journalists contacted Lin Xuejun (pseudonym), a public lawyer in the consumer field in Hubei. Lin Xuejun said that in accordance with the Food Safety Law, 30,000 yuan was not fined not only much, but also had less fines.
Lin Xuejun introduced that according to Article 123 of the Food Safety Law of the People's Republic of China, in various cases, if the value of food value of illegal production and operation and operation is less than 10,000 yuan, it confiscates illegal income and related food and tools. And imposed a fine of more than 150,000 yuan. The aforementioned situations include: "The operation does not conduct quarantine or quarantine meat in accordance with regulations, or produces and operates meat products that have not been inspected or inspected."
"Pork is a food for compulsory quarantine inspection, which obviously violates the provisions of the Food Safety Law." Lin Xuejun said that the sales of live pork without inspection and quarantine certificates, strictly processed in accordance with the law, started a fine of 100,000 yuan. The penalty of 30,000 yuan has been lower than the legal line, which is reduced to the penalty. If the law enforcement agencies disclose the relevant cases, the facts and reasons of reducing the punishment should be clearly described.
Lin Xuejun said that food safety issues are related to national planning and people's livelihood. my country has implemented a strict safety supervision system for food safety management issues. The purpose is to ensure the safety of citizens' diet and physical health, and maintain the stability of the country and society. As an operator, we should strictly abide by the laws and regulations of food safety and market management regulations to engage in food production and sales. This is not only a moral responsibility, but also a legal obligation.
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