"3.15" Food and Drug Safety Consumer Rights Protection Procuratorial Public Interest Litigation Typical Case (4)

On March 15, the Supreme People's Procuratorate released 8 typical cases of "3.

Case 5:

The People's Procuratorate of Honghuagang District, Zunyi City, Guizhou Province v.

Key words

Criminal incidental civil public interest litigation Food safety Non-food additives Punitive damages

gist

While severely punishing the crime of producing and selling food that does not meet safety standards, the procuratorial organ will file a criminal incidental civil public interest lawsuit in accordance with the law if the illegal act infringes on the public interest, requiring the perpetrator to bear punitive compensation liability

basic case

From July to September 2018, Liu Moumei and her sons Liu Moufu and Liu Moutao rented private houses to open a rice noodle processing workshop in Huichuan District, Zunyi City.

Investigation and Litigation

The People's Procuratorate of Honghuagang District, Zunyi City, Guizhou Province (hereinafter referred to as the Honghuagang District Court), when examining the case of Liu Moumei and other three persons producing and selling food that did not meet the safety standards, found that the three people produced and sold food that did not meet the safety standards.

On December 20, 2019, the Honghuagang District Court filed a criminal incidental civil public interest lawsuit with the Honghuagang District People's Court, requesting that the defendant Liu Moumei and others be ordered to jointly bear the punitive damages of 10 times the sales amount and 3.

　　On January 16, 2020, the Honghuagang District People's Court heard the case in public

　　On June 1, 2020, the Honghuagang District People's Court made a first-instance verdict: the three defendants were sentenced to fixed-term imprisonment and probation respectively for the crime of producing and selling food that did not meet safety standards, and fined, and within three years after the execution of the penalty and probation During the probation period, it is forbidden to engage in work related to food production and sales.

　　typical meaning

　　As a local specialty food, rice noodles are deeply loved by the masses

(To be continued)

　　"China Food News" (03 edition on March 23, 2021)

(Editor in charge: Lian He)