How to investigate the "premature food" from a typical case?

Wang Difei, the market supervision Bureau of Zhenjiang City, Jiangsu Province

In recent years, "premature food" has attracted much attention from the public. Some food manufacturers are falsely labeled when they are produced and processed, so that food is displayed to consumers in the market in the market with the so -called "latest production date". This kind of illegal phenomenon has even become the "hidden rules" in the industry, and it is very hidden in reality. This has always been difficult for grassroots law enforcement. A typical case of "premature food" in Zhenjiang City, Jiangsu Province has been investigated for more than two years. It has strong reference significance for investigating and applying the law. In May 2022, the Jiangsu High Court rated the case as "the Top Ten Top Ten Top Ten Cases of Administrative Trial of the Jiangsu Court of 2021" in the filtering of 40,000 administrative cases concluded by the province. The High Court of Jiangsu Province pointed out that this case has an important rule of law education for the establishment and improvement of food safety management, self -inspection of food safety, food safety inspection, food factory inspection and records in accordance with the law, and the inspection and records of food factory. significance.

More than 8,000 boxes of "premature food" were found

The company argued that non -false marks should be exempted from punishment

On November 8, 2019, the Market Supervision Bureau of Zhenjiang City, Jiangsu Province inspected the city's A Food Production Co., Ltd. on the spot according to the report. It was found that the nominal production date in the warehouse was December 1, 2019 and January 2020. On the 2nd, foods (the food belongs to condiments) a total of more than 8,000 boxes. After investigation, the food involved in the case was marked in advance, and production records were unable to provide production records. The market regulatory bureau in a certain place filed for investigation in accordance with the law.

In the investigation and handling, A Food Production Co., Ltd. proposed a reasons for defense. The production date labeling error was due to the error of the operation. The coding machine was disturbed when the dating of the packaging box and the glass bottle was not intentionally marked with the false production date. Qualification of inspection quality is not counterfeit and inferior products. The label of this seasoning food conforms to the "National Standards for Food Safety-The General Property Label of Food Labels" (GB7718-2011) can be exempted from the provisions of labeling the shelf life. Relevant documents are exempted from punishment.

The law enforcement opinion of the local market supervision bureau believes that food companies are the main body of production, and they have the responsibility to ensure that all equipment is normal and cannot use equipment failure as an excuse to avoid legal responsibility. The Food Safety Law clearly stipulates that the food label should be indicated by the production date and must not contain false content. Production operators are responsible for their food label content. "National Standards for Food Safety-Pre-packaging Food Labels" (GB7718-2011) stipulates that the production date is "Food becomes the date of the final product, including packaging or filling date, and food or containers will be installed (irrigated) packaging (irrigation) packaging. The date of forming a final sales unit ", at the same time," labels should be true and accurate must not be deceived or misleading consumers. " Although the food involved in accordance with the "National Security Standards-Pre-Packaged Food Labeling General Principles" (GB7718-2011), the provisions of Article 4.3.1 can be exempted from the shelf life, but it does not mean that the production date that has not yet arrived in advance can be marked in advance. The company marked the behavior of false production date, violated Article 34 (10) of the Food Safety Law, and did not have the situation of reducing punishment. In April 2020, the local market regulatory bureau imposed administrative penalties in accordance with the provisions of Article 124 (1) of Article 124 (1) of the Food Safety Law: confiscated all illegal products and fined more than 1.9 million yuan.

A Food Production Co., Ltd. refused to accept the decision of administrative penalties, and filed administrative reconsideration to the superior market supervision bureau and requested the cancellation of the penalty decision. After the higher -level market supervision bureau was maintained, the company filed an administrative lawsuit and sued the city and county market supervision bureaus to the court. In September and December 2021, the District People's Court and the Municipal Intermediate People's Court made the first and second judgments of the first trial, both supporting administrative penalties and administrative reconsideration decisions to reject all the lawsuit requests of A Food Production Co., Ltd.

Fake label production date

Seriously violate the authenticity and legitimacy of the production process

How can this "premature birth" behavior of this "premature birth" of the production date of the production date belong to the false labeling? What should be punished if it is determined to be illegal?

Food "premature birth", although some foods are qualified after testing their physical and chemical indicators, it does not mean that the food is legal. The law's requirements for food safety are systematic and comprehensive, and the requirements of the food safety law on legal food are far more than just passing the inspection. For example, even the expired food should be qualified as illegal food even if it is qualified. From the legal perspective of ensuring food safety, false labeling production date is to falsify in the production process, and seriously violate the legality and authenticity requirements of the food production process. This behavior reflects the company's indifference to food safety and infringes consumers' right to know. False fakes allow food production and operation enterprises to implement the safety management system in the same way, and the food safety administrative law enforcement department must severely crack down on such illegal acts.

According to the "National Standards for Food Safety-the Label of the Food Label of Pre-packaging" (GB7718-2011), some foods such as salt, vinegar, and solid sugar can be exempted from marking the shelf life. However, the production date is the must -label item of food, and it is not for exemption. The production date must be true and legal, and the shelf life of fictional foods is obviously illegal. Foods involved in the case can be exempted from marking the shelf life and the must be marked with the production date. The two are not contradictory.

There are two legal meanings in the shelf life: First, as the starting point of the shelf life, according to this, calculate whether a certain food is in the shelf life. The second is to provide real and accurate data for food traceability. If food safety incidents occur, they can be investigated through the production date traceability. False marks make food unable to trace, bringing great risks. The Food Safety Law included this behavior in serious violations of the law, and the punishment was up to 20 times the fine, which belongs to the second severe penalty of the law. Not belonging to the first violation

Touching the security bottom line cannot be exempted from punishment

The administrative penalty law makes principle provisions on exemption punishment: First, the illegal act is slight and corrected in time. If there is no harmful consequences, administrative penalties will not be given. Essence After investigation, A Food Production Co., Ltd. does not belong to the initial violations. For the minor of illegal acts, the "Mild Violations of the Market Supervision in the Market Supervision in the Market Supervision in the Market Supervision of the Market Supervision in the Field of Minor Violations of the Punishment Regulations" should be considered. This provision lists the projects that are slightly illegal for food safety to be exempted from administrative penalties. The situation in this case is not included. The regulations are also clear that those who touch the safety bottom line and endanger the lives and property of the people shall not be punished. In this case, as an enterprise holding a food production license, the company violates the most basic provisions of the Food Safety Law. It uses false labeling to produce "premature food" and cannot provide production records. Decision must not be exempted from punishment, which is equivalent to over -penalty.

Food production enterprises are the first person in charge of food safety. It is a legal obligation to ensure the legality and authenticity of the labeling of its own product labeling. Food safety is both produced and managed, but in the final analysis, it is still produced. Only by fear of the law and abide by the legal bottom line can we effectively fulfill their own responsibility for food safety. Food production and operation are related to the health and life of the people. Any details that affect safety must not be relaxed. Even if the seemingly small false labeling date of production, it cannot ignore its harm. This is the food safety administrative law enforcement department. The responsibilities are also the specific law enforcement practice of implementing the "four strictests" requirements of the food and drugs and building a solid defense line of food and drug safety.

"China Food News" (03 version of July 19, 2022)

(Responsible editor: Yuan Guofeng)

Source: China Food News

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