Lushi County, Henan Province: Rice line plus "big smoke shell", rice line shop owner was sentenced

Recently, the Lushi County People's Court publicly sentenced a case of production and sale of toxic and harmful food, adding "poppy (commonly known as big smoke) shell" to the rice line shop owner Zhang Zhi and providing it with poppy shell seasonings, respectively, the court for the production and sale of toxic and harmful food, sentenced to fixed-term imprisonment, and fines, confiscation of illegal income.
public prosecution authorities at the same time to file incidental civil litigation, after mediation, the second defendant voluntarily in the news media public apology, joint compensation of 30,000 yuan.
46-year-old defendant, Zhang Zhizhi, is a wang town man from Lingbao City who has been doing business in Lushi County in recent years.
Court found that: in September 2016, the defendant Zhang a certain zhi registered a small food business shop "Lushi County Town Guanzhen, a Zhimi line shop", in Lushi County, a food market operating sales rice line.
In September 2019, When Zhang went to the defendant Anhai-run dry vegetable seasoning batch zero-door market to buy rice-line seasonings, he purchased poppy shells from Anhai and paid 100 yuan, and An a certain sea smashed the seasonings containing poppy shells and sold them to Zhang.
after Zhang a certain zhi in their own operation of the rice line shop, the use of added poppy shell seasoning processing, sales of rice line, sales amounted to more than 4800 yuan, resulting in other people after eating urine samples tested positive morphine, October 11, 2019 by the Lushi County Public Security Bureau on the spot seized.
identified: from Zhang a certain zhi seized rice line seasoning detected poppy base, morphine ingredients.
Lushi County People's Court after the trial of the case, the defendant Zhang azhi in the production and sale of food mixed with toxic, harmful non-food raw materials poppy shell, defendant Anhai knowing that others used in the production and sale of food, still for its supply, processing of toxic, harmful non-food raw materials poppy shell, its behavior has constituted the production and sale of toxic, harmful food crime.
the defendant Zhang a certain wisdom illegal income of 4500 yuan, the defendant An a sea illegal income of 100 yuan, should be recovered, handed over to the state treasury.
sentenced to the following according to law: defendant Zhang Zhizhi guilty of producing and selling toxic and harmful food, sentenced to one year's imprisonment, and a fine of 10,000 yuan.
the defendant, An Hai, was sentenced to ten months' imprisonment and a fine of 10,000 yuan for producing and selling toxic and harmful food.
because the second defendant produced and sold a large quantity of toxic and harmful food, harming the public interest, the procuratorial organs in the prosecution of the second defendant criminal offences at the same time, in accordance with the law to initiate criminal incidental civil public interest litigation.
in the course of the trial, the court presided over a mediation agreement: the defendant Zhang Zhi, An a certain sea in the public release of the media published a notice to apologize to the public, and jointly compensate cash 30,000 yuan.
judge said: the production and sale of large quantities of toxic and harmful food, damage the right to life and health of non-specific consumers, harm the public interest, the procuratorial organs in the criminal prosecution, may bring incidental civil public interest litigation.
in accordance with China's Food Safety Law and related judicial interpretation, the prosecution to be sentenced to ten times the amount of punitive damages.
the defendant in this case produced and sold rice wire containing poppy shell, endangering the life and health rights and interests of non-specific consumers, and constituted the crime of producing and selling toxic and harmful food.
as the legal subject, the procuratorial organ may bring public interest litigation on behalf of non-specific consumers and file ten times the right of claim for compensation from producers and sellers.
, under the mediation of the court, the defendant voluntarily apologized to the public and paid 30,000 yuan in cash.
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