To the case interpretation - the investigation of expired food is not soft

The Market Supervision Bureau has launched the case interpretation column, this column is updated weekly, select representative and useful typical cases for publication throughout the country, popularize the legal knowledge of market supervision through cases, for the vast number of operators and law enforcement personnel reference learning.
case one found expired food on the shelves of grocery stores, a fine of 52,000 yuan was granted by the court to enforce Liancheng County Market Supervision Authority, Liancheng County Pengkou Town Shengbin Grocery Administrative Supervision (Monitoring) non-prosecution implementation review administrative ruling Liancheng County People's Court of Fujian Province (2020) No. 95 application for execution of Liancheng County Market Supervision Authority, residence in Liancheng County, Fujian Province, Lianfeng Town Jianglin Avenue 108, unified social credit code 11350825MB02788891.
, the legal representative of the Chinese People's Congress, the Secretary.
, a local government agent, is a staff member of Liancheng County Market Supervision Administration.
the execution of Liancheng County Pengkou Town Shengbin grocery store, residence in Longyan City, Fujian Province, Liancheng County Pengkou Town Pengdong Village to build a new road 12, unified social credit code 92350825MA2Y66X94T.
, male, born on January 12, 1976, Han, lives in Liancheng County, Fujian Province.
Application to the executive Liancheng County Market Supervision Authority on October 14, 2020 to our court to apply for the execution of the executed person Liancheng County Pengkou Town Shengbin grocery store market supervision administrative punishment case, the court accepted, in accordance with the law formed a d hearse to review the case, has now been reviewed and concluded.
January 20, 2020, the applicant Liancheng County Market Supervision Authority made a company to the executive Liancheng County Pengkou Town Shengbin Grocery Store (2020) 012 No. 001 "Decision on Administrative Punishment", identified: November 28, 2019, the applicant Liancheng County Market Supervision And Administration will work with Liancheng County Pengkou Town People's Government food safety office personnel and community workers to carry out food safety inspection.
The executioner Liancheng County Pengkou Town Shengbin grocery store inspection found that the executive Liancheng County Pengkou Town Shengbin grocery store is carrying out food business activities, law enforcement officers found on the shelves (1) Fuwang family red burned rib noodles; ) Monsales dry-position flower cone; (4) Monsalise McTier; (5) good wheat fruit orange C cake; (6) butterfly cake; (7) good wheat family red date cake; (8) Golden Sparks pepper salt eight products have passed the shelf life.
the act of operating expired food at Shengbin Grocery Store in Pengkou Town, Liancheng County, violated the provisions of Article 34 (10) of the Food Safety Law of the People's Republic of China.
In accordance with Article 124 (1) (5) of the Food Safety Law of the People's Republic of China, the applicant Liancheng County Market Supervision Administration imposed the following penalties on shengbin grocery stores in Pengkou Township, Liancheng County: (1) confiscation of 8 types of expired food seized in accordance with the law;
Upon examination, the applicant Liancheng County Market Supervision Authority fulfilled the legal procedures for filing a case, investigating and informing, and on January 20, 2020, it made the Administrative Punishment Decision No. 012001 of Liancheng County, and delivered it to shengbin grocery store in Pengkou Town, Liancheng County, on the same day.
July 8, 2020, the applicant Liancheng County Market Supervision Administration made liancheng County Market Supervision Bureau to make lian city supervisors urged (2020) No. 02 "Administrative penalty decision to fulfill the notice", and on the same day served to the executed person Liancheng County Pengkou Town Shengbin grocery store.
The Court considers that the Administrative Punishment Decision No. 012001 of the Liancheng County Market Supervision Administration, which was made on January 20, 2020 by the applicant Liancheng County Market Supervision Administration, complies with the law in terms of administrative subject, administrative procedure and legal basis.
the executed person Liancheng County Pengkou Town Shengbin grocery store within the statutory time limit did not apply for administrative reconsideration and initiate administrative proceedings, the "Administrative Penalty Decision" has taken effect in law.
The executed person Liancheng County Pengkou Town Shengbin grocery store did not fulfill the obligation to pay the fine as determined in the Administrative Penalty Decision, after the application for executioner Liancheng County Market Supervision Authority urged, the executed person Liancheng County Pengkou Town Shengbin grocery store has not fulfilled its obligations.
The application to the enforcer Liancheng County Market Supervision Administration on October 14, 2020 applied to our hospital for enforcement, requiring the execution of the executed person Liancheng County Pengkou Town Shengbin grocery store has not yet paid the above-mentioned administrative fines, in accordance with the law, the hospital to support.
Accordingly, in accordance with Articles 53 and 54 of the Administrative Compulsory Law of the People's Republic of China, Article 97 of the Administrative Procedure Law of the People's Republic of China, and Article 160 of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China, the following rulings are as follows: First, the applicant Liancheng County Market Supervision Administration The administrative penalty decision No. 012001 of lian city supervision office (2020) made on January 20, 2020 shall be granted enforcement;
if the executioner Liancheng County Pengkou Town Shengbin grocery store does not fulfill the above obligations, the hospital will take compulsory measures in accordance with the law.
shall have legal effect upon the service of this decision.
Just Trial Judge Deng Xing along the trial Judge Cao Fuxuan Judge Chen Yu October 20, 2020 Acting Clerk Wu Shaowei Note: Article 34 of the Food Safety Law of the People's Republic of China prohibits the production and operation of the following food, food additives, food-related products: (10) marked false production date, shelf life or more than the shelf life of food, food additives.
article 124 of the Food Safety Law of the People's Republic of China, if any of the following circumstances violate the provisions of this Law and do not constitute a crime, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal proceeds and illegal production and operation of food, food additives, and may confiscate the tools, equipment, raw materials and other articles used in illegal production and operation; If the value of the additive is less than 10,000 yuan, he shall be fined not less than 50,000 yuan and not more than 100,000 yuan; if the value of the goods is more than 10,000 yuan, and if the value of the goods is more than ten times or less than twenty times the value of the goods, the license shall be revoked: (5) the production and operation shall be marked with false production date, shelf life or food additives exceeding the shelf life.
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