Tianjin's market supervision department cracks down on food violations and crimes in accordance with the law

In accordance with the requirements of 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 carrying out special law enforcement actions on counterfeit and shoddy food in rural areas, market supervision departments at all levels in Tianjin have conscientiously implemented the "four strictest" requirements for food safety, closely focused on cracking down on the illegal production and sale of fake and shoddy food in rural areas, focused on key markets, key entities and key categories, and strictly investigated and dealt with a number of illegal cases
.
Some typical cases are hereby announced as follows:

Case 1: The Tianjin Binhai New Area Market Supervision Bureau investigated and dealt with a food store in Tianjin Binhai New Area that engaged in food production activities without obtaining a food production and operation license

On September 1, 2021, the Tianjin Binhai New Area Market Supervision Bureau investigated and punished a food store in Tianjin Binhai New Area for engaging in food production activities without obtaining a food production and operation license, confiscated illegal gains and tools used for illegal production and operation, and imposed a fine of 75,000 yuan
.
On March 4, 2021, the Tianjin Binhai New Area Market Supervision Bureau received the case leads transferred
by the Tianjin Jinnan District Market Supervision Bureau.
After investigation, the parties used the legal enterprise name and address and other information on the vacuum packaging of meat skin jelly to illegally produce
without obtaining a food production and operation license.

The above conduct violated the provisions of Article 71.
1 of the Food Safety Law of the People's Republic of China and the first paragraph of Article 35 of the Food Safety Law of the People's Republic of China, and the Market Supervision Bureau of Binhai New Area imposed administrative penalties
on the parties in accordance with Article 29 of the Administrative Punishment Law of the People's Republic of China and Article 122.
1 of the Food Safety Law of the People's Republic of China.

Case 2: The Tianjin Dongli District Market Supervision Bureau investigated and dealt with a peanut oil infringement of the exclusive right to use a registered trademark in a grain and oil wholesale center in Tianjin

On March 17, 2021, the Tianjin Dongli District Market Supervision Bureau investigated and punished a grain and oil wholesale center in Tianjin for selling peanut oil that infringed the exclusive right to use a registered trademark, and imposed an administrative penalty
of confiscating 253 boxes of infringing peanut oil and fining it 73,370 yuan.
Based on the clues of the report, the Tianjin Dongli District Market Supervision Bureau conducted a law enforcement inspection
of the warehouse of a grain and oil wholesale center in Tianjin located in Dongli District.
At the scene, 228 boxes (5L × 4 bottles of a certain brand of peanut oil were found in the warehouse), and the batch of peanut oil was identified as infringing goods
by the trademark right holder.

After investigation, it was found that the parties illegally operated a total of 253 boxes of infringing peanut oil, in violation of Article 57.
3 of the Trademark Law of the People's Republic of China, and the Tianjin Dongli District Market Supervision Bureau imposed administrative penalties
on the parties in accordance with the provisions of Article 60.
2 of the Trademark Law of the People's Republic of China.

Case 3: Tianjin Xiqing District Market Supervision Bureau investigated and dealt with a case of a liquor wholesale operation department selling goods infringing the exclusive right to use a registered trademark

On July 2, 2021, the Tianjin Xiqing District Market Supervision Bureau investigated and dealt with the suspected sale of goods infringing the exclusive right to use a registered trademark by a liquor wholesale business department, and imposed an administrative penalty
of 30,000 yuan on the goods infringing the exclusive right to use a registered trademark.
On March 16, 2021, the Tianjin Xiqing District Market Supervision Bureau conducted an on-site inspection of a food sales center in Xiqing District, Tianjin based on the report clues, and after the identification of the product trademark right holder, 21,339 bottles of a certain brand of pineapple carbonated drinks and 25,884 bottles of a certain brand of pure raw flavored cooked beer were goods that infringed the exclusive right to use a registered trademark
.

After investigation, the parties contacted the supplier to purchase the goods involved in the case and stored the goods in the warehouse of a food sales center in
Xiqing District.
The parties purchased the goods involved in the case for the first time, had not been sold as of the time of the case, and had no illegal turnover
.
The Tianjin Xiqing District Market Supervision Bureau imposed administrative penalties
on the parties in accordance with the second paragraph of Article 60 of the Trademark Law of the People's Republic of China and Article 45 of the Tianjin Regulations on the Protection of Intellectual Property Rights.

Case 4: Tianjin Jinnan District Market Supervision Bureau investigated and dealt with the case of a pump industry limited liability company in Tianjin engaging in catering service activities without obtaining a food business license

The Tianjin Jinnan District Market Supervision Bureau investigated and dealt with the behavior of a pump limited liability company in operating the company's canteen without obtaining a food business license, and imposed an administrative penalty
of confiscating the tools and raw materials used for illegal business and fining 50,000 yuan in accordance with the law.
According to the tip-off, on April 7, 2021, the Tianjin Jinnan District Market Supervision Bureau conducted an on-site inspection of a pump limited liability company in accordance with the law, and the inspection found that the company was processing and making
lunch.

After investigation, it was found that since February 19, 2021, the party's unauthorized operation of the company's canteen to provide meal services for the company's employees without obtaining a food business license violated the provisions of Article 35, Paragraph 1 of the Food Safety Law of the People's Republic of
China.
The Tianjin Jinnan District Market Supervision Bureau imposed administrative penalties
in accordance with the provisions of Article 122, Paragraph 1 of the Food Safety Law of the People's Republic of China.

Case 5: Tianjin Beichen District Market Supervision Bureau and public security organs took down 4 problem bean sprout black dens overnight

In the early morning of August 6, 2021, the Tianjin Beichen District Market Supervision Bureau and the Beichen Branch of Public Security conducted a surprise inspection of four bean sprout wholesale merchants in a wholesale market in the jurisdiction, and found that the parties used the non-edible raw material sodium sulfite to soak and bleach
the bean sprouts.
8.
95 tons of bean sprouts and 553 kg
of sodium sulfite raw materials used to soak bean sprouts were seized on the spot.
After sampling and inspection, the sulfite (in terms of SO2) item did not meet the requirements of GB22556-2008 "Hygienic Standard for Bean Sprouts", and the inspection conclusion was unqualified
.

The above-mentioned acts of the parties violated Article 34, Paragraph 1 of the Food Safety Law of the People's Republic of China, and constituted the addition of
chemical substances other than food additives to food.
The Tianjin Beichen District Market Supervision Bureau transferred the case to the public security organs
in accordance with law.

Case 6: Tianjin Wuqing District Market Supervision Bureau investigated and dealt with the case of Qi producing food oyster peptide (solid beverage) with added drugs

On August 11, 2021, according to anonymous reporting clues, the Market Supervision Bureau of Wuqing District of Tianjin Municipality conducted a surprise inspection of the production site of a village in the jurisdiction, and found production equipment such as oyster peptide (solid beverage) mixing machine, 478 boxes of oyster peptide (solid beverage), and 2 bags of raw and auxiliary materials jelly powder, and the party Qi could not provide a food production license
.
After sampling and testing of the above oyster peptides (solid drinks) and jelly powder, the ingredients of the drug "tadalafil" were detected
.

In view of the suspected crime of the party's illegal act of producing and trading food oyster peptide (solid beverage) with added drugs, the case has been transferred to the public security organ
in accordance with Article 149 of the Food Safety Law of the People's Republic of China, Article 27, Paragraph 1 of the Administrative Punishment Law of the People's Republic of China and the relevant provisions of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs.

Case 7: Tianjin Baodi District Market Supervision Bureau investigated and dealt with a bakery in the case of manufacturing and selling jujube cakes that used food additives in excess of the limit

On August 31, 2021, the Tianjin Baodi District Market Supervision Bureau fined a bakery 10,000 yuan for the production and sale of substandard date cakes and confiscated 27.
1 yuan
of illegal gains.
On July 7, 2021, the Tianjin Baodi District Market Supervision Bureau received a notice of transfer from the Baodi Branch of the Public Security Bureau, involving a bakery
in its jurisdiction.
After investigation, the party produced and sold 2.
4 kg of jujube cakes, and the residual amount of aluminum was unqualified after inspection, and the value of the illegal food involved was 57.
6 yuan, and the illegal income of the party was 27.
1 yuan
.

The above acts violate the provisions of Article 34, Paragraph 4 of the Food Safety Law of the People's Republic of
China.
In accordance with the provisions of Article 124, Paragraph 1, Item 3 of the Food Safety Law of the People's Republic of China, administrative penalties
are imposed on the parties.

Case 8: The Market Supervision Bureau of Jinghai District, Tianjin Municipality, investigated and dealt with the case of a bakery producing and operating waterless cakes that used food additives in excess of the limit

The lawsuit was reported that the residual amount of aluminum of waterless cakes produced and operated by a bakery in the jurisdiction was unqualified
.
On the same day, the Tianjin Jinghai District Market Supervision Bureau launched an investigation
into the parties.

After investigation, the parties made a total of 2.
6 kg of unqualified waterless cakes with unqualified aluminum residue items, all of which were sold
.
The actions of the parties violated the provisions of Article 34 (4) of the Food Safety Law of the People's Republic of
China.
On January 28, 2021, in accordance with relevant regulations, the case was transferred to the public security organs
in accordance with the law.

Case 9: Tianjin Ninghe District Market Supervision Bureau investigated and dealt with the case of a food company producing dried mangoes that did not meet food safety standards

The Tianjin Ninghe District Market Supervision Bureau investigated and dealt with the illegal act of a food limited company in producing dried mangoes that did not meet food safety standards, and imposed an administrative penalty
of confiscating 157.
5 yuan of illegal gains and fining 65,100 yuan in accordance with the law.
On April 15, 2021, the Market Supervision Bureau of Ninghe District, Tianjin received an inspection report showing that the dried mango (specification model: 100 grams per bag) produced by a food company in the jurisdiction was inspected and the total number of colonies was unqualified
.
After investigation, the party produced 97 bags of dried mango (specification model: 100 grams per bag) on February 25, 2021, of which 5 bags were used for factory inspection, 2 bags were used for sample retention, and the remaining 90 bags were all sold
.
The parties initiated the recall procedure on April 22, 2021, and did not recall
the above products as all the above products were retailed.
The value of dried mangoes produced by the parties that did not meet food safety standards was 659.
6 yuan, and the illegal income was 157.
5 yuan
.

The actions of the parties violated the provisions of Article 34 (13) of the Food Safety Law of the People's Republic of
China.
The Tianjin Ninghe District Market Supervision Bureau imposed administrative penalties
on the parties in accordance with the second paragraph of Article 124 of the Food Safety Law of the People's Republic of China and the first paragraph of Article 124 of the Food Safety Law of the People's Republic of China.

Case 10: Tianjin Jizhou District Market Supervision Bureau investigated and dealt with a case of a Tianjin food store selling goods infringing the exclusive right to use a registered trademark

On October 11, 2021, the Tianjin Jizhou District Market Supervision Bureau investigated and punished the sale of goods infringing the exclusive right to use a registered trademark in a food store in Tianjin, confiscated the illegal products, and imposed a fine of 164,040 yuan
.
In the course of routine inspection, the Tianjin Jizhou District Market Supervision Bureau found that various brands of liquor sold by a food store in the jurisdiction were identified by the trademark rights holder's agent as liquor
infringing the exclusive right to use a registered trademark.
After investigation, the illegal turnover of the parties totaled 82,020 yuan
.

The sale of goods infringing the exclusive right to use a registered trademark violated the provisions of Article 57.
3 of the Trademark Law of the People's Republic of China, and the Jizhou District Market Supervision Bureau imposed administrative penalties
on the parties in accordance with the provisions of Article 60.
2 of the Trademark Law of the People's Republic of China.

Case 11: The Tianjin Municipal Market Supervision Commission investigated and dealt with a case of a tobacco and alcohol business department in Binhai New Area selling goods infringing the exclusive right to use a registered trademark

On May 20, 2021, according to the clues reported, the Tianjin Municipal Market Supervision Commission inspected
a tobacco and alcohol business department in Binhai New Area.
The parties obstructed law enforcement on the spot, with the assistance of the people's police in the jurisdiction, law enforcement personnel found 286 hidden bottles of various brands of liquor in the hidden door of the storage room behind the wardrobe in the party's store, all of which were identified as infringing goods by the product trademark rights holder, in view of the party's inability to provide purchase receipts, the concealment of sales was obviously subjective and intentional, and the circumstances were serious, suspected of constituting a crime, the Tianjin Municipal Market Supervision Commission notified the public security organ on the spot, and the two departments coordinated to carry out further investigation
.

After investigation, between May 2019 and September 2020, the parties purchased the above-mentioned liquor from door-to-door salesmen of unknown origin, knowing that the liquor purchased was a commodity suspected of infringing the exclusive right to use a registered trademark, and hid it in a hidden door of the wardrobe for sale, with an illegal turnover of 197,700 yuan
。 The above-mentioned conduct of the parties violated the provisions of Article 57.
3 of the Trademark Law of the People's Republic of China, and the Municipal Market Supervision Commission transferred the case to the public security organs
in accordance with Article 61 of the Trademark Law of the People's Republic of China and Article 214 of the Criminal Law of the People's Republic of China.

Case 12: The Tianjin Municipal Market Supervision Commission investigated and dealt with the case of six chain supermarkets operating salt that did not comply with the provisions of the regulations on the management of salt iodization to eliminate iodine deficiency hazards and failing to perform the obligation of purchase inspection in accordance with the law

The Tianjin Municipal Market Supervision Commission investigated and dealt with the illegal acts of six chain supermarkets operating salt that did not comply with the regulations on the management of salt iodization to eliminate the harm of iodine deficiency and failing to perform the purchase inspection in accordance with the law, confiscated a total of 4,718.
2 yuan of illegal gains and fined a total of 11,065.
52 yuan, and imposed administrative penalties
of a total of 146,017.
58 yuan on the directly responsible personnel of the six supermarkets.

From May to June 2021, the Tianjin Municipal Market Supervision Commission conducted law enforcement inspections on six supermarket chains and found that a total of 9 kinds of edible salt products used in the above six supermarkets were all 18-33mg/kg with iodine content, which did not meet
the iodine content requirements of Tianjin for iodized edible salt.
After investigation, the parties purchased a total of 4,339 bags of the above 9 kinds of salt products, none of which fulfilled the purchase inspection obligation, and the iodine content of the salt products did not match
the iodine content of iodized edible salt in Tianjin.
The parties engaged in salt that did not comply with the provisions of the regulations on the management of salt iodization to eliminate the harm of iodine deficiency and failed to perform the purchase inspection obligation in accordance with the law, with a total value of 10,659.
4 yuan and illegal gains of 4,718.
2 yuan
.

In the process of solving these cases, Tianjin law enforcement departments follow the mass line, take the clues provided by the masses as the breakthrough point, cooperate with multiple departments, fulfill their responsibilities, respond quickly, rush to the scene as soon as possible to investigate and collect evidence, and strictly investigate and deal with
food violations in accordance with laws and regulations.
It has further standardized market order, effectively prevented illegal food from entering the market, and effectively ensured the people's food safety
.

(Wang Yansheng, Yang Xu, Zhang Xiaochen, Li Yan)

China Food News(November 02, 2021 Version 07)

(Editor: Zhu Meiqiao)