Ankang's first case -related civil public interest litigation case in the field of food safety

Author:Shaanxi Provincial Higher Peop Time:2022.07.25

On July 20, the Ankang Intermediate People's Court sentenced the Ankang People's Procuratorate to sue the defendant Liu Mou's consumer rights to protect civil public interest lawsuits cases, and ordered the defendant Liu to be on the Ankang city -level news media within one month after the decision took effect. Apologize and pay a punitive compensation of 26,400 yuan. This is the first case in the field of civil interests in the food safety field.

Basic case

The defendant Liu during the breakfast restaurant from April 7, 2020 to June 22, 2020, and used aluminum -containing powder -containing powder to process fritters to produce fritters for foreign sales. The sales amount was 2640 yuan.

After being sampled by the Ankang Market Supervision Bureau, the measured value of the residual volume of the aluminum aluminum sold is 743mg/kg, which does not meet the GB2760-2014 "Standard for the use of food safety national standard food additives" requirements of less than or equal to 100mg/kg. The inspection conclusion is unqualified. The "Opinions of the Evaluation of Food Connecting the items involved in the case" determined that the fritters processed and sold by the individual industrial and commercial households did not meet the food safety standards, which was enough to cause severe food poisoning accidents or other severe food source diseases. The Ankang People's Procuratorate filed a public interest lawsuit accordingly.

After the case of the People's Court of Ankang accepted the case, the seven -member collegiate panel was formed by the three judges and four people's jurors to open trials in accordance with the law. The legitimate rights and interests of many consumers and the public interests of many consumers should bear the corresponding infringement liability, and then judge the support of the procuratorate.

Judge

People are based on food, and food is safe first. Food safety involves consumers 'most basic and major vital rights, which is closely related to citizens' lives and health, and ensuring the health and safety of the people is the incomparable responsibility of the people's court. This case is the first civil interest lawsuit in the field of food safety in Ankang. It not only warn the wrong behavior of illegal operators through fair trials, but also strictly warn other operators' food safety related to people's livelihood. In order to maintain a healthy and safe food market order and firmly guard the "safety on the tongue" for the general public. (Source: Ankang Intermediate Court)

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