The three departments jointly released ten typical cases of special law enforcement actions on counterfeit and shoddy food in rural areas

Our reporters Wang Jinchen and Liu Qiping

In October 2020, the State Administration for Market Regulation, the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, and the All-China Federation of Supply and Marketing Cooperatives jointly issued a notice to launch a year-long special enforcement action on counterfeit and shoddy food in rural areas nationwide, severely cracking down on illegal acts
such as the operation of meat that has not been inspected and quarantined, the addition of non-edible substances to food, "three no" foods, and food that has exceeded the expiration date 。 Over the past year, various localities and relevant departments have taken active action and achieved remarkable results, investigating and dealing with 162,000 cases of counterfeit and shoddy food in rural areas, fining and confiscating 1.
48 billion yuan, seizing 4,369 tons of illegal products, revoking 96 licenses, restricting 155 people from practicing professions, fining 17.
28 million yuan on those directly responsible, and investigating and handling 1,912 suspected criminal cases (including those transferred by administrative organs
) by public security organs.
On January 17, the State Administration for Market Regulation, the Ministry of Public Security, and the Ministry of Agriculture and Rural Affairs jointly released 10 typical cases
of special law enforcement actions on counterfeit and shoddy food in rural areas.

Case 1: Zhejiang Jinhua investigated and dealt with the case of Longding Vice Food Commercial Company in Pujiang County in the production and operation of edible oil with false production date and unauthorized engagement in salt wholesale business

In November 2020, the Market Supervision Bureau of Pujiang County, Jinhua City, Zhejiang Province, based on a report, inspected
Longding Food Commercial Company in Pujiang County, located at the junction of urban and rural areas.
After investigation, Pujiang County Longding Vice Food Commercial Bank holds a food business license, and since May 2020, it has successively purchased 100 sets of edible oil and edible oil packaging of 4 different brands; In August 2020, the parties opened the package of a batch of edible oil approaching the expiration date and loaded it into the above 100 sets of oil drums, and replaced the packaging with the latest production date, mixed into the normal edible oil purchased in the same batch, and sold
as new oil.
As of the discovery of the case, the edible oil after the replacement package has been sold out, with a value of 14,950 yuan
.
Law enforcement officers ordered the parties to recall the repackaged cooking oil, recall a total of 148 barrels of the problem cooking oil, and supervise their destruction
on December 30, 2020.
The above-mentioned acts of the parties violated the provisions of Article 34 (10) and Article 35 of the Food Safety Law of the People's Republic of China, and were illegal acts of producing and trading food without permission and labeling food with false production dates; At the same time, during the inspection, it was found that the party concerned was a non-designated salt wholesale enterprise and engaged in salt wholesale business without authorization, in violation of the "Measures for Salt Monopoly" and other relevant regulations
.
The Jinhua Pujiang County Market Supervision Bureau imposed an administrative penalty
of confiscating illegal gains and fining 502,800 yuan in accordance with law.

Case 2: Chongqing Yubei investigated and dealt with the case of Mao Shunming's agricultural and sideline products business department illegally using industrial rosin to process pig's head meat

In August 2020, the Market Supervision Office of Muer Town, Yubei District Market Supervision Bureau of Chongqing Municipality, based on a report, inspected the Mao Shunming Agricultural and Sideline Products Business Department of Yubei District, and found that the food processing point used industrial rosin for hair
removal.
After inspection, the residual rosin used in the cleaned pork head meat, the rosin used in boiling and the unused rosin main component are rosin acid (industrial rosin).

By the time of the case, the parties had used industrial rosin to process about 8,000 pig heads totaling 40,000 jin, the value of the goods involved exceeded 1.
92 million yuan, and the illegal income exceeded 1.
44 million yuan
.
The actions of the parties violated Article 34 (1) of the Food Safety Law of the People's Republic of China, constituting an illegal act
of adding chemical substances other than food additives to food.
At present, the case is still pending
.

Case 3: Beijing investigated and dealt with the case of producing and selling counterfeit "Quanjude" roast duck and labeling "Jingyuede" brand Beijing roast duck

In April 2021, according to the clues about the low-cost "Quanjude" roast duck in the Beijing market, the Beijing Municipal Market Supervision Bureau locked up Beijing Xinsheng Rongda Trading Co.
, Ltd.
and the legal representative Kong Mou after investigation, destroyed the warehouse located in Licun, Fangshan District, and seized nearly 2,000 suspected counterfeit "Quanjude" packaging materials and 4,905 "Jingyuede" brand Beijing roast ducks
on the spot.
After investigation, Kong and others purchased counterfeit "Quanjude" packaging materials at a price of 1 yuan per set, purchased plastic-sealed roast duck at a price of 13.
5 yuan each, and shipped it to Beijing for distribution to the lower line
at a price of 20 yuan each 。 After investigation, the label contained false content, and the entrusted party marked on the outer packaging was a food co.
, LTD.
in Dezhou City, Shandong Province, which was actually a food factory in Boye County, Baoding City, Hebei Province, in violation of the first paragraph of Article 71 of the Food Safety Law of the People's Republic of China, and the Beijing Municipal Market Supervision Bureau confiscated 201,000 yuan of illegal gains from Beijing Xinsheng Rongda Trading Co.
, Ltd.
, confiscated 4,905 "Jing Yuede" brand Beijing roast ducks illegally produced and operated, and fined 2.
647 million yuan 10 times the value of the goods.
Administrative penalties for revoking food business licenses, and imposing administrative penalties
on the legal representative Kong for not applying for a food production and operation license for five years, or engaging in food production and operation management, or serving as food safety management personnel of food production and trading enterprises.

Case 4: Tianjin investigated and dealt with the case of Xinhaifu Food Trading Co.
, Ltd.
selling food that infringed the exclusive right to use a registered trademark and failed to fulfill legal obligations such as the Food Safety Law

In January 2021, the Tianjin Market Regulation Comprehensive Law Enforcement Corps inspected the business premises and warehouses of Tianjin Xinhaifu Food Trading Co.
, Ltd.
based on the report, and found 277 boxes
of Pepsi Cola concentrated syrup produced by Nanjing Pepsi Cola Beverage Co.
, Ltd.
for sale.
After on-site identification, the above-mentioned syrup products were not produced by Nanjing PepsiCo and were commodities
that infringed the exclusive right to use the trademark of "PepsiCo".
Law enforcement officers seized the above-mentioned goods on the spot and sent samples for inspection
.
After investigation, it was found that the food involved in the case met the food safety standards, but infringed the exclusive right to use the registered trademark, and the parties purchased a total of 500 boxes of the above-mentioned syrup, and sold 223 boxes, and did not check the supplier's business license, food business license and food qualification certificate documents and other materials
when purchasing 。 The Tianjin Comprehensive Law Enforcement Corps for Market Regulation issued a warning to the company, confiscated 265 boxes of PepsiCo concentrated syrup that infringed the exclusive right to use a registered trademark, and imposed an administrative penalty
of 458,000 yuan on the company 。 At the same time, the main person in charge of the party, Chen, was directly responsible for the above-mentioned illegal acts, and in accordance with Article 75 of the Regulations for the Implementation of the Food Safety Law, the Tianjin Market Regulation Comprehensive Law Enforcement Corps imposed an administrative penalty
of "20,000 yuan" on Chen.

Case 5: Chengdu, Sichuan Province investigated and dealt with the case of Lin selling hairy belly without inspection and quarantine

In December 2020, the Market Supervision Bureau of Jinniu District of Chengdu City received a tip from the public security organ that when carrying out a cold chain epidemic food inspection on Jinfurong Avenue in Jinniu District, it was found that Lin (the cargo owner) was driving a vehicle loaded with about 1 ton of fresh hairy belly that may be involved in the epidemic, and the Jinniu District Bureau immediately conducted an on-site investigation
.
After investigation, the batch of 1,070 kg of hairy belly was purchased from abroad by Lin through WeChat contact, and did not fulfill the obligation of purchase inspection when picking up the goods, and did not obtain the inspection and quarantine import clearance certificate, nucleic acid test report, sanitize certificate and other documents
.
The behavior of the party Lin's operation of unquarantined hairy belly and failure to perform the purchase inspection obligation violated Articles 34 and 53 of
the Food Safety Law.
In accordance with Articles 123 and 126 of the Food Safety Law, the Jinniu District Market Supervision Bureau gave the parties a warning, confiscated the hairy belly involved in the case, and imposed an administrative penalty
of 2.
086 million yuan 17 times the value of the goods.

Case 6: Hangzhou, Zhejiang Province cracked the "3.
30" case of manufacturing and selling toxic and harmful cattle shutters

In March 2021, according to the clues found in the work, the Hangzhou Municipal Public Security Bureau detected a series of cases of manufacturing and selling toxic and harmful cattle shutters, destroyed 7 criminal gangs, arrested 27 criminal suspects, and seized 4 tons of cattle shutters illegally added formaldehyde and other non-edible substances at the scene, with a case value of more than 2 million yuan
.
After investigation, Huang, Liu and other criminal gangs used hanging white blocks, formaldehyde and other chemicals to soak tripe and beef shutters to gain weight and bleach them in the villagers' courtyards of the urban-rural junction of Hangzhou and sell them to some local farmers' market stalls
.
After the case was solved, the local government organized a special rectification of animal offal products sold in the market, and achieved obvious results
.

Case 7: Xinxiang, Henan Province cracked the "7·21" case of manufacturing and selling counterfeit brand mineral water

In October 2021, according to the clues found in the work, the Xinxiang Municipal Public Security Bureau detected a case of manufacturing and selling counterfeit brand mineral water, arrested 12 criminal suspects, and seized 336,000 bottles of counterfeit brand mineral water products, more than 500,000 bottles, more than 800,000 bottle caps, and more than 600,000 labels
at the scene.
After investigation, since 2018, the criminal suspect Zheng Moumou and others have set up dens in rural houses, purchased equipment, built production lines, extracted underground well water and simply filtered it to fill counterfeit brand mineral water, and developed offline through WeChat, selling the products involved in the case to many provinces, with a case value of more than 20 million yuan
.
At present, the case has been transferred to the procuratorate for review and prosecution
.

Case 8: Chongqing Yunyang cracked the case of Hu Moumou and others manufacturing and selling counterfeit wine

In January 2021, according to the clues found in the work, the anti-counterfeiting team of the Chongqing Municipal Public Security Bureau, together with the Yunyang County Public Security Bureau, detected a case of manufacturing and selling counterfeit liquor, arrested 14 criminal suspects, and seized 2 tons of counterfeit liquor liquid, 15,000 bottles of counterfeit public brand liquor, and more than 80,000 sets of
fake wine packaging materials at the scene.
After investigation, since January 2018, the criminal suspect Peng Moumou and others purchased wine bottles, bulk liquor and packaging materials without the permission of the trademark right holder, set up dens in rural courtyards in Ya'an City, and produced and sold counterfeit brand liquor in large quantities, with a case value of more than 10 million yuan
.
At present, the case has been transferred to the procuratorate for review and prosecution
.

Case 9: Xiamen, Fujian Province cracked the "June 11" case of illegal slaughter of pigs

In June 2021, according to the clues found in the work, the Xiamen Municipal Public Security Bureau detected a case of illegal slaughter of pigs, arrested 38 criminal suspects, and seized more than 100 pigs and 6,800 kg
of slaughtered white striped pigs at the scene.
After investigation, since January 2021, a criminal gang of Meng has rented simple houses in remote locations in local rural areas, set up pig slaughtering points privately, purchased a large number of uninspected and quarantined pigs from inside and outside the province, and sold them to the market
after private slaughter.
At present, the case has been transferred to the procuratorate for review and prosecution
.

Case 10: Anhui Lu'an investigated and dealt with the case of Zhang Moumou producing and selling food that did not meet safety standards

In October 2020, law enforcement officers of the Agricultural and Rural Affairs Bureau of Jin'an District, Lu'an City, Anhui Province, found that the JAC light general truck with the license plate Anhui AWU973 was loaded with pig carcasses, a total of 73 pigs, each weighing about 23 kilograms
, during a routine inspection at the African swine fever checkpoint at the entrance of the Chengbei Expressway.
After on-site inspection, the pig carcass did not have an animal quarantine inspection seal, and the driver could not provide the animal quarantine certificate and African swine fever test report, and then tested by the Jin'an District Animal Disease Prevention and Control Center, the batch of pig products were unqualified pig products
.
After investigation, the batch of pig products was owned
by so-and-so.
The case was then transferred to the Jin'an District Public Security Subbureau for investigation in accordance with law
.
In March 2021, the Lu'an Intermediate People's Court convicted Zhang Moumou and eight others of the crime of producing and selling food that did not meet safety standards, and sentenced them to fixed-term imprisonment of six months to one year and eight months, and fined them 10,000 yuan to 70,000 yuan
.

Responsible Editor: Zhang Jiazhen Review: Peng Zonglu