Laws and regulations related to food safety, "Food Safety Law of the People's Republic of China", "Regulations on the Implementation of the Food Safety Law of the People's Republic of China", "Regulations of the Supreme People's Court and the Supreme People's Procuratorate" Interpretation of Several Issues Applicable to Laws in Handling Criminal Cases Endangering Food Safety", "Measures for the Administration of Food Safety in the Circulation Area", "Measures for the Administration of National Food Safety Standards", "Measures for the Administration of Food Safety Sampling Inspection", "Advertising Law", "Consumer Rights and Interests Protection Law", of course The Criminal Code may also be involved. According to the information currently exposed, the production company involved in "Laotan Sauerkraut" produced and sold sauerkraut that did not meet food safety standards. The most appropriate crime for the relevant companies and responsible persons should be the crime of producing and selling food that did not meet safety standards. .
1. The crime of producing and selling food that does not meet safety standards. Article 143 of the Criminal Law of the People's Republic of China stipulates that anyone who produces or sells food that does not meet food safety standards, which is enough to cause serious food poisoning accidents or other serious food-borne diseases, shall be sentenced to a fixed-term imprisonment of not more than three years. Imprisonment or criminal detention and a fine; those who cause serious harm to human health or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment. and shall be subject to fines or confiscation of property.
In 2013, in order to punish crimes endangering food safety in accordance with the law and protect the health and life safety of the people, in accordance with the relevant provisions of the Criminal Law, the Supreme People's Court and the Supreme People's Procuratorate issued several laws governing the handling of such criminal cases. "Problem Explanation" clarifies several provisions that can lead to criminal penalties for the production and sale of food that does not meet food safety standards, and stipulates several types, such as serious harm to human health, serious circumstances or particularly serious consequences, which are most likely to Violating the crime of producing and selling counterfeit and substandard products, producing and selling toxic and harmful food, and illegal business operations.
2. The crime of producing and selling fake and inferior products. Article 140 of the "Criminal Law of the People's Republic of China" stipulates that the crime of producing and selling counterfeit and inferior products means that producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products or Anyone who passes off a substandard product as a qualified product and the sales amount is more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times of the sales amount; if the sales amount is more than 500,000 yuan but less than 2 million yuan, , shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; if the sales amount exceeds 2 million yuan, shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment and shall be fined not less than 50% of the sales amount but not more than 2 million yuan. A fine of not less than ten times but not more than two times or property confiscation may be imposed.
3. The crime of producing and selling toxic and harmful food. Article 144 of the Criminal Law of the People's Republic of China means that producers and sellers violate national food hygiene management regulations and intentionally mix toxic and harmful non-food products into the food they produce and sell. Raw materials or the act of selling food knowingly mixed with toxic or harmful non-food raw materials. This crime is a selective crime, which not only refers to the choice of behavior (production, sales), but also includes the choice of crime targets (poisonous and harmful food). In judicial practice, criminal charges are specifically determined based on the characteristics of the behavior, such as the crime of producing poisonous food, the crime of producing harmful food, the crime of selling harmful food, etc.
4. Crime of illegal business operations. Article 225 of the "Criminal Law of the People's Republic of China" stipulates that the crime of illegal business refers to violating state regulations, committing one of the following illegal business behaviors, disrupting market order, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years Or criminal detention, and shall be concurrently or solely fined with a fine of not less than one time and not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal income or have his property confiscated: (1) Without License to operate special items, monopoly items or other restricted items as stipulated in laws and administrative regulations; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations; (3) Illegally operating securities, futures, and insurance businesses without approval from the relevant state authorities, or illegally engaging in fund payment and settlement business; (4) Other illegal business behaviors that seriously disrupt market order.
If advertisers, advertising operators, or advertising publishers violate national regulations and use advertisements to falsely promote health foods or other foods, if the circumstances are serious, they will be convicted and punished for the crime of false advertising in accordance with the criminal law.
5. Crime of false advertising. Article 222 of the Criminal Law of the People's Republic of China stipulates that advertisers, advertising operators, and advertising publishers who violate national regulations and use advertisements to falsely promote goods or services, if the circumstances are serious, shall be sentenced to two years. The following persons shall be sentenced to fixed-term imprisonment or criminal detention, and shall also or solely be fined.
If a staff member of a state agency responsible for food safety supervision and management abuses his or her power or neglects his or her duties, resulting in a major food safety accident or other serious consequences, this shall simultaneously constitute the crime of malfeasance in food supervision and malpractice for personal gains. Those who commit crimes of transfer of criminal cases, crimes of favoritism in commodity inspections, crimes of indulging in the production and sale of counterfeit and shoddy goods, and other dereliction of duty crimes shall be convicted and punished in accordance with provisions on heavier penalties.
6. Food supervision dereliction of duty. Article 49 of the "Criminal Law Amendment (8)" stipulates that an article be added after Article 408 of the Criminal Law as Article 408-1: "Staff of state agencies responsible for food safety supervision and management, Anyone who abuses his power or neglects his duties, causing a major food safety accident or causing other serious consequences, shall be sentenced to a fixed-term imprisonment of not more than five years or criminal detention; if a particularly serious consequence is caused, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years.” Those who commit bribery shall be severely punished.”
7. The crime of malpractice for personal gain and failure to transfer criminal cases. Article 402 of the "Criminal Law of the People's Republic of China" stipulates that the crime of non-transfer of criminal cases for personal gain means that administrative law enforcement personnel engage in malpractice for personal gain and do not transfer cases that should be transferred to judicial organs for investigation of criminal liability according to law. The circumstances are serious. behavior. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
8. The crime of favoritism and malpractice in commodity inspection. Article 412 of the Criminal Law of the People's Republic of China stipulates that the crime of commodity inspection malpractice for personal gain refers to the behavior of staff of the national commodity inspection department and commodity inspection agency engaging in malpractice for personal gain and deliberately falsifying inspection results. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.
9. The crime of indulgent production and sale of counterfeit goods. Article 414 of the Criminal Law of the People's Republic of China stipulates that the crime of indulging in the criminal act of producing and selling counterfeit and inferior goods refers to the state agency staff who are responsible for the criminal act of producing and selling counterfeit and inferior goods, engaging in malpractice for personal gain, Failure to perform the investigation duties stipulated by law is a serious act. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.