Add formaldehyde to food, sentence!
2021-12-10
Recently, Fuzhou Cangshan District procuratorate filed a criminal incidental civil public interest lawsuit against the addition and sale of formaldehyde in food according to law, which was supported by the court's judgment. Since June 2020, Li has processed duck gizzards, duck intestines, yellow throats, cow shutters and other foods in a tin room in Shangqi village, Gaishan Town, Cangshan District. During the processing, a class of carcinogen formaldehyde is added and sold. At about 12:00 on September 23 of the same year, the police of Gaishan police station arrested Li during the public security inventory, and seized on the spot 22.24 kg of duck gizzard belt, 7.82 kg of duck intestine, 80.82 kg of cow shutter, 14.04 kg of fish bubble, 138.33 kg of yellow throat, 9.56 kg of yellow throat (bagged), and 14 bottles of formaldehyde solution suspected of adding toxic and harmful liquid. After testing, formaldehyde was found in the cattle shutter, duck gizzard belt, duck intestines and yellow throat (bagged). Cangshan District procuratorate believes that Li, knowing that formaldehyde is an additive prohibited from being used in food production and operation, is still added and sold in the process of producing and processing food, with a sales amount of more than 80000 yuan, infringing on the legitimate rights and interests of many unspecified consumers. Because his behavior has a risk of public welfare damage to the life, health and safety of many unspecified consumers, resulting in damage to social and public interests, Li should not only bear criminal responsibility, but also bear corresponding civil tort liability. In addition to filing criminal proceedings, in order to safeguard the social and public interests, Cangshan District procuratorate also filed criminal incidental civil public interest litigation on October 8 this year. Taking into account social hazards, duration of violation, business status, profitability, property status and criminal penalties, the court appealed to the court to order Li to pay 240000 yuan of punitive damages for public welfare damage three times the sales amount, and made an apology in the provincial media. On October 28, the first instance judgment of the case was pronounced. Li was sentenced to fixed-term imprisonment and a fine by the court for constituting the crime of producing and selling toxic and harmful food. All the civil public interest litigation requests put forward by Cangshan District procuratorate were also supported. In order to thoroughly implement the minutes of the Symposium on exploring the establishment of a punitive compensation system for civil public interest litigation on food safety jointly issued by the Supreme Procuratorate and the supreme law and practice the people-centered development idea, Cangshan District procuratorate gives full play to the procuratorial function of public interest litigation and takes practical actions to protect the people's good life, We will actively promote the establishment of a public welfare compensation fund management system for the protection of consumers' rights and interests, maintain market order, protect consumers' legitimate rights and interests, and safeguard social and public interests. In July this year, Cangshan District Procuratorate, the district court, the District Finance Bureau, the district market supervision and Administration Bureau and the district consumer rights and Interests Protection Committee jointly signed the provisions on the administration of public welfare compensation funds for consumer rights and interests protection in Cangshan District, Fuzhou (for Trial Implementation). The provisions include punitive damages into the special public welfare fund account for unified management, coordinate the protection of consumers' legitimate rights and interests according to law, and stipulate the source of funds, scope of use, application process, supervision responsibilities, etc., so as to ensure the rational and legal use of account funds. (Huang Jianying and Chen sing) (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Daily Prosecutor’s office
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