Due to greed, he bought bulk "leached" rapeseed oil and sold it at a high price under the guise of "pressing" rapeseed oil, and continued to produce and sell after being sampled and the solvent was unqualified, and the amount involved amounted to more than 170,000 yuan.
Recently, after the Haining Municipal Procuratorate initiated a public prosecution, the court sentenced the defendant Guo X to 10 months in prison and a fine of RMB 90,000 for the crime of producing and selling fake and shoddy products, and prohibited the defendant Guo X from engaging in food production, sales and related activities within three years from the date of completion of the criminal punishment or the date of parole.
At the same time, the attached civil public interest litigation judgment of more than 50,000 yuan in compensation for the withdrawal of the defendant Haining Food Co., Ltd. shall be disposed of by the Haining Municipal People's Procuratorate in accordance with law, and ordered to publicly apologize in the national media or platform within 5 days from the date of the judgment taking effect.
Guo runs a food company in Haining, which mainly produces edible vegetable oils such as edible soybean oil and rapeseed oil. After purchasing bulk "leached" rapeseed oil, the processing technology was marked as "pressing" and filling for sale.
ask
What is the difference between "pressing" and "leaching"?
"Pressing" rapeseed oil uses a physical pressing process, which has a low oil yield, and "leaching" rapeseed oil requires the use of solvents, but the oil yield is higher. Therefore, the price of edible oil using the "pressing" process on the market is generally higher than the price of edible oil using the "leaching" process. If the solvent residue in edible oil exceeds the standard, long-term large intake is not conducive to health.
answer
On August 6, 2020, the Market Supervision and Administration Bureau detected that the edible rapeseed oil solvent residue of a company in the country was unqualified, and the state claimed that the printing factory printed the label incorrectly, and he did not know about it.
◇Inspection report of the Market Supervision Bureau
After being suspended for a period of time for rectification, the country reverted to its old ways, locked the door and secretly produced, and continued to sell in Jiaxing, Yiwu, Zhejiang, and Huangshan, Anhui. As the actual operator of the company, Guo used substandard products to pass off as qualified products, and the amount involved amounted to more than 170,000 yuan.
◇Photos of a factory in China
The case was transferred to the procuratorate, and after a preliminary review, the prosecutor went to a state-owned enterprise to conduct an on-site investigation, and inquired in detail about the specific circumstances of the product production process, production standards, and product sales.
◇Photos of the prosecutor's on-site investigation
In July 2020, the Jiaxing Municipal Market Supervision and Administration Bureau sampled the fragrant rapeseed oil produced by a food company in Haining, and the rapeseed oil solvent residue project did not meet the requirements of GB2716-2018 "National Food Safety Standard Vegetable Oil" after being tested by the Jiaxing Food and Drug and Product Quality Inspection and Testing Institute, and the inspection conclusion was unqualified.
In August, Haining Market Supervision and Administration Bureau delivered a notice of unqualified results and an inspection report to the company. However, after that, the company still bottled and sold rapeseed oil even though it knew that it was not qualified.
Subsequently, the Haining Municipal Administration for Market Regulation seized 289 bottles of rapeseed oil (amounting to 11,198 yuan), 120 bundles of packaging boxes and 1,194 bottles of rapeseed oil recalled from a trading company from the company.
During the trial of the case, the defendant unit, a food limited company in Haining City, had withdrawn more than 10,000 yuan of illegal gains, and had withdrawn more than 50,000 yuan in compensation for attached civil public interest litigation.
The Haining court held that the defendant Haining Food Co., Ltd. knew that the rapeseed oil purchased was unqualified after inspection, but still filled and sold, and passed off substandard products as qualified products, with a production and sales amount of more than 170,000 yuan, and its behavior had constituted the crime of producing and selling fake and shoddy products, and this case was a crime committed by a unit, and the defendant Guo X was the actual operator of the defendant unit, and the unit should be fined in accordance with the law, and the person in charge who was directly responsible should be sentenced to criminal punishment.
In the end, the court sentenced the defendant Haining Food Co., Ltd. to a fine of 90,000 yuan, sentenced the defendant Guo to 10 months in prison and a fine of 90,000 yuan for the crime of producing and selling fake and shoddy products, and prohibited the defendant Guo from engaging in food production, sales and related activities for 3 years from the date of completion of the criminal punishment or the date of parole.
At the same time, the attached civil public interest litigation judgment of more than 50,000 yuan in compensation for the withdrawal of the defendant Haining Food Co., Ltd. shall be disposed of by the Haining Municipal People's Procuratorate in accordance with law, and ordered to publicly apologize in the national media or platform within 5 days from the date of the judgment taking effect.
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Links to legal provisions
Article 140 of the Criminal Law of the People's Republic of China
Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product, and the sales amount is between 50,000 and 200,000 RMB, the sentence is up to two years imprisonment or short-term detention and/or a fine of between 50% and 2 times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a term imprisonment of not less than seven years is to be given, and a fine of not less than 50 percent but not more than two times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.
Source: Xiao Zheng Shi's truth, food safety vane
Editor: Huang Keshu
First Trial: Jiang Hao
Reviewer: Gu Yan
Final review: Yang Hong
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