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    Home > Food News > Food Articles > The solution to the administrative dispute over the counterfeiting of expired food occupation.

    The solution to the administrative dispute over the counterfeiting of expired food occupation.

    • Last Update: 2020-10-02
    • Source: Internet
    • Author: User
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    Original title: Expired food professional anti-counterfeiting administrative dispute resolution
    In the past 20 years, professional counterfeiters in the field of food and drug safety played a role in market supervision. Because the food market is full of food, food and drug regulatory authorities are difficult to do nothing, and professional counterfeiters from the consumer's point of view of the supervision of the market order has played a role in closing the loopholes. Mobilizing citizens' awareness of food safety, the rule of law, and jointly resisting illegal activities in the field of food is also the direction that food and drug regulators have been working towards. However, with the increase of food safety social concern, some people take fraud as a kind of survival, a means of survival, in order to profit, the use of legal gaps and business people's psychology to obtain gray income.
    out-of-date food has become a new hot spot for counterfeiting
    in recent years, professional counterfeiters have frequently faked food labels, added drugs to food, illegally added non-food raw materials to imported products, fake and inferior products, etc. Now, professional counterfeiters have discovered another "gold mine" - expired food. Recently, professional counterfeiters on food operators selling more than the shelf life of food illegal activities to fight fraud "enthusiasm" is high. In Guangdong Province, for example, over the past six months, the food and drug regulatory authorities in Guangzhou, Shenzhen, Zhuhai, Dongguan, Jiangmen, Huizhou, Shunde and other urban areas have received nearly 6000 complaints about expired food products. The Guangdong Food and Drug Administration, as the review authority, received 531 administrative reconsideration cases, of which 378 expired food cases were filed, and 72 cases were filed, of which 44 were expired food litigation cases in which the Guangdong Provincial Bureau became co-defendants as a result of the maintenance decision.
    food regulators in individual places in the investigation of expired food complaints reported cases found that some professional counterfeiters suspected of fraud. For example, surveillance video provided to food regulators by individual supermarkets in Dongguan and Jiangmen regions shows some professional counterfeiters placing their own expired food on supermarket shelves, then buying the food involved, issued shopping tickets, and complained to the local food and drug regulator about the supermarket's sales of expired food. The supermarket involved in the case set up a food purchase and sale record system, in the professional counterfeiter to buy the food involved, the supermarket's record system actually showed that the number of food involved in the case is -1. It can be seen that the above-mentioned cases of professional counterfeiters reported the existence of supermarkets involved in the sale of expired food behavior, suspected of blackmailing merchants, fraud reporting rewards. The author learned that in Dongguan and Shunde area, because some businesses are frequently malicious professional fraud "set up" extortion, has joined forces against law enforcement or collective petitions.
    The pattern of professional counterfeiters reporting the sale of expired food by merchants is more fixed, in general, professional counterfeiters will submit pictures of the food involved, shopping tickets or invoices, shopping videos and "complaint report letter" when they report complaints. Among them, shopping video is the original carrier, and has a consistent, direct reflection of the reported existence of the sale of expired food behavior. However, after law enforcement investigation, in general, there are no expired food on-site sales, reported merchants only admit that small tickets or invoices are issued by them, do not admit that they have sold reported batches of products, the authenticity of the shopping video questioned. However, regardless of whether the reported merchant has fulfilled the statutory inspection obligations or established a sound record system, only a very small number of businesses can do self-certification innocence.
    Adhere to the administration according to law, source governance
    The author believes that, although handling a large number of expired food complaints will consume a large number of regulatory resources, but, before laws and regulations on the professional counterfeiter's behavior did not make further norms, the drug regulatory departments at all levels should always adhere to the principle of law, according to their duties, to do not exclude, do not accommodate, and in accordance with the provisions of Article 2 of the Food and Drug Complaint Reporting Management Measures, the professional whistleblower to provide clues to law enforcement inspection.
    according to the newly revised Food Safety Law, it is an illegal act not to establish a perfect system of inspection and sales records of infringing goods, and the sale of expired food is another illegal act, which should be dealt with separately according to law. ,《》、。 Regarding whether the reported merchant has the illegal act of selling expired food and how to punish it, the author provides the following three points of processing advice for reference:
    First, if the reported merchant can provide evidence that it has not sold the reported batch of products to the whistleblower, it shall be found that the illegal fact is not true, and make a decision not to administrative punishment in accordance with the provisions of Article 38 (3) of the Regulations on Administrative Punishment of Food and Drug Products.
    , if it is found that the reported merchant did sell expired food, it shall be punished in accordance with the provisions of Article 124 of the newly amended Food Safety Law. If the illegal act of a merchant is minor and can be corrected in a timely manner, without causing harmful consequences, the decision not to administrative punishment may be made in accordance with the provisions of Article 27(2) of the Administrative Punishment Law, taking into account the principle of the reasonableness of the penalty.
    Third, in accordance with the provisions of the Supreme People's Court on Certain Issues of Evidence in Administrative Proceedings and the relevant provisions of the Supreme People's Court on Evidence in Civil Procedure, and in the light of such cases, although the shopping video submitted by the whistleblower directly reflects the behavior of the reported merchant in selling expired food, if the reported merchant If you do not acknowledge the fact that the batch of products involved in the case is sold to the whistleblower, the authenticity of the shopping video is in doubt, and law enforcement officials cannot infer the existence of the sale of expired food based on the purchase video alone, or the failure of the reported merchant to provide evidence that the reported batch of products has not been sold to the whistleblower. The regulatory department should conduct a comprehensive investigation and collect evidence, and analyze and judge the "legitimacy, authenticity and relevance" of the relevant evidence materials involved in the case, and make comprehensive use of it to form a complete chain of evidence before the case can be determined. If the means of investigation are exhausted and it is still not possible to determine that the reported merchant has committed an illegal act in the sale of expired food, the illegal facts shall be found not to be true, and the decision not to administrative punishment shall be made in accordance with Article 38 (3) of the Regulations on Administrative Punishment procedures for Food and Drug Products.
    , for professional counterfeiters to complain about the high rate of business sales of expired food cases, should be identified from the source of the problem and resolved. First of all, we should put an end to the problem of fraud, strengthen supervision and improve the system design. Can be issued by the merchant shopping tickets as a clue, if the merchant printed out the shopping tickets have information showing the product batch, professional counterfeiters will have no time to drill. Secondly, from the data analysis of expired food complaints reported cases received in the past six months, the number of cases received by professional whistleblowers each week is dozens, many hundreds, has shown a trend of spread and rapid growth, and most cases are accompanied by shopping video, from the common sense analysis, does not conform to the normal consumption law. The author believes that the number of expired food cases is huge, and involves a wide geographical area, and there have been risk events, in the long run, there is the possibility of causing systemic risks. In order to maintain social stability, the public security organs should step in as soon as possible to investigate, crack down on professional fraudsters extortion merchants, fraud to report the bad behavior of reward, from the source to solve the problem. (Lin Zezhen, Guangdong Food and Drug Administration)
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