Source: Sichuan Daily - Chuanguan News
Chuanguan news reporter Liu Jia
On April 9, the Sichuan Provincial Market Supervision Bureau announced a number of typical cases in the "Spring Thunder Action 2021" and cold chain logistics epidemic prevention and control law enforcement actions. Among them, illegal fishing, passing off as wild fish and other situations have emerged! Hurry up and take a look!
A fish hot pot restaurant in Qingxi Town, Qianwei County, Leshan City, used artificially farmed fish to impersonate wild fish
On November 17, 2020, the Leshan Qianwei County Market Supervision and Administration Bureau and the County Agricultural and Rural Bureau jointly carried out the "Yangtze River Ban Fishing and Breaking The Broken Chain" joint law enforcement, and when inspecting a fish hot pot restaurant in Qingxi Town, it was found that the restaurant had two large price differences of 150.00 yuan / kg and 50.00 yuan / kg respectively. The owner said that the two kinds of yellow spicy dings offered by the restaurant at different prices are artificially farmed fish purchased from the market, of which the yellow spicy ding, which costs 150.00 yuan / kg, is charged with the consumer in the name of wild yellow spicy ding, and this "wild yellow spicy ding" is actually an artificially farmed oxtail fish, because its appearance is similar to that of wild yellow spicy ding, it is used to impersonate wild yellow spicy ding for consumers to eat.
It was found that in order to make more profits, since mid-September 2020, the parties have purchased more than 60 catties of farmed oxtail fish (which is similar in appearance to wild yellow spicy dingo) and offered them to consumers in restaurants. When the consumer comes to eat wild yellow spicy dingo, the parties do not provide wild yellow spicy dingo according to the à la carte statement and the verbal agreement with the consumer at the time of ordering, but use the farmed oxtail fish to impersonate the wild yellow spicy dingo for the consumer to eat, and charge the consumer fee according to the agreed price of 150.00 /kg of wild yellow spicy dingo. Up to the time of seizure, according to the parties, a total of more than 10,000.00 yuan was charged for not providing wild yellow spicy diced fish as agreed.
The conduct of the parties violates the provisions of article 5, item (10) of the Measures for the Punishment of Acts Infringing on the Rights and Interests of Consumers, "Article 5: Business operators shall not engage in the following acts in providing goods or services: (10) Defrauding consumers of prices or expenses without providing or failing to provide goods or services as agreed", and has constituted an illegal act of defrauding consumers of prices but not providing goods or services as agreed. According to Article 14 of the Measures for the Punishment of Acts Infringing on the Rights and Interests of Consumers and Article 56 of the Law on the Protection of Consumer Rights and Interests, an administrative penalty of a fine of 100,000 yuan is imposed on the parties concerned for their illegal acts.
A case of Luo Moumou in Changning County, Yibin, processing and selling illegally caught fish
On March 9, 2021, Yibin Changning County Market Supervision Bureau, together with the Public Security Bureau and the Agriculture and Rural Affairs Bureau, conducted a surprise inspection of a certain aquatic product shop in Luomou, Changning County, and law enforcement officers found that the store was suspected of selling illegal catches such as sow shells, stone flat dolphins, bush mouths, and warp shells, with high prices, and could not provide purchase receipts, and the source was doubtful. Immediately, the law enforcement personnel investigated and inquired about the person in charge and employee of the store, and through the WeChat chat records and WeChat transfer records of Luo XX and He XX, they grasped the illegal facts that Yuan XX fished and sold to Luo XX from the Weijiang River, and Luo XX resold to some restaurants in Changning County.
It was found that this was a whole chain of cracking down on illegal fishing, processing, and sales of illegal catches in the Changning River, and the Changning County Market Supervision Bureau, together with the responsible persons of the relevant departments of the Public Security Bureau and the Agriculture and Rural Affairs Bureau, listened to the case report overnight and discussed the case. Law enforcement officers released the seized sow shells, stone flat dolphins, bush mouths, and warp shells back into the Huaijiang River overnight. In view of the suspected crime of Yuan X's illegal fishing of aquatic products, according to the system of linking executions in the field of market supervision, the Changning County Market Supervision Bureau promptly transferred Yuan X's illegal and criminal materials to the public security organs, and the public security organs filed a case against Yuan X.
Up to now, the public security organs have taken a criminal detention of Yuan Moumou, and the case is being further investigated. The Changning County Market Supervision Bureau has conducted a case investigation into the aquatic product shop of Luo X in Changning County and its downstream restaurants that illegally purchase, process, or sell illegal catches from the Changning River, and will, in accordance with the second paragraph of Article 86 of the Yangtze River Protection Law of the People's Republic of China, "Where the catch is purchased, processed, or sold as provided for in the preceding paragraph, the agricultural and rural, market supervision and management departments of the people's government at or above the county level shall, in accordance with their duties and division of labor, confiscate the catch, their products, and illegal gains, and impose a fine of not less than ten times but not more than twenty times the value of the goods; The provisions of revoking the relevant production and operation licenses or ordering closures shall be given administrative penalties.
A restaurant in Qingshen County, Meishan City, purchased, processed and sold illegally caught river shrimp
On March 1, law enforcement personnel from meishan city and Qingshen County city and county market supervision bureaus jointly carried out a law enforcement inspection of the Yangtze River ban on Qingshen County, and found that the cashier menu of a restaurant in Qingshen County was marked with: "Small river shrimp 58 yuan / portion", the store's two-point menu recorded: "small river shrimp: 2×58 = 116", and found in the store freezer stored in plastic bags of fried river shrimp 9 bags.
After investigation, the above 9 bags of river shrimp came from the Minjiang River Basin (Qingshen section), and after the parties purchased and fried at a price of 60 yuan / kg, they were divided into 13 parts for sale, 4 parts have been sold, the sales price is 58 yuan / part, the remaining 9 parts (1245 grams), the value of the goods is 754 yuan, and the illegal income is 232 yuan.
The parties' act of purchasing, processing and selling minjiang river shrimp is an illegal act of acquiring, processing and selling catches from important tributaries of the Yangtze River as stipulated in Article 86 of the Yangtze River Protection Law of the People's Republic of China. The Qingshen County Market Supervision Bureau confiscated 1,245 grams of unsold fried river prawns in accordance with Article 86 of the Yangtze River Protection Law of the People's Republic of China and Article 27 of the Administrative Punishment Law of the People's Republic of China, confiscated 232 yuan of illegal gains, and fined 9802 yuan.
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