"Clenbuterol" event gives birth to the market demand of "rest assured meat"

Introduction: a few days ago, the "pollution-free pork" sold in a large supermarket in Guangzhou set off a storm among the general public Compared with "rest assured meat", one kilogram of pollution-free meat costs 5 yuan, but the problem is not that it is cheap, but that people still have doubts about the word "pollution-free" With the progress of science, the development of agriculture and animal husbandry, the improvement of people 's living standard and the enrichment of people' s dining table, people are most worried about the safety of dining table The "Guanshengyuan" incident in Nanjing made people fear moon cakes Sanya's "poisonous salted fish" made people talk about "salted fish" A few months ago, after nearly 700 people were poisoned by "Clenbuterol" pork in Heyuan, Guangdong Province, people once again looked back at "meat" People are concerned that even if the current market played a "pollution-free meat" can really rest assured? How far is "pollution-free meat" from the common people? The "Clenbuterol" incident gave birth to the market demand for "reassuring meat" 1 The understanding and application of the "two high" laws and regulations on punishing crimes such as "Clenbuterol" and the "explanation on Several Issues concerning the specific application of laws in handling criminal cases such as illegal production, sale and use of drugs prohibited for use in feed and animal drinking water" Recently, the Supreme People's court and the Supreme People's Procuratorate jointly issued the interpretation of the Supreme People's court and the Supreme People's Procuratorate on the specific application of laws in handling criminal cases such as illegal production, sale and use of drugs prohibited from being used in feed and animal drinking water (hereinafter referred to as the "interpretation"), which came into force on August 23, 2002 The release and implementation of the interpretation is of great significance to severely punish illegal production, sales, use of "lean meat essence" and other criminal activities, protect the health of citizens, and maintain the order of socialist market economy 1 The background and process of the introduction of the "explanation" in recent years, the poisoning caused by eating pork containing "lean meat essence" has occurred frequently in some places, seriously endangering the health of the people The leading comrades of the Central Committee attached great importance to this and asked the relevant departments to take practical measures to crack down on the criminal acts of illegal production, operation and use of "Clenbuterol" Clenbuterol is commonly known as Clenbuterol hydrochloride, which is an adrenaline type nerve stimulant, used to treat asthma, chronic bronchitis, emphysema and other diseases It can promote the growth of pork "Clenbuterol" can remain in liver, lung and other internal organs "for life" When people eat meat products containing excessive "Clenbuterol", they will suffer from muscle tremor, panic, tremor, headache, nausea, vomiting and other toxic symptoms, and even lead to death According to the regulations on the administration of feed and feed additives promulgated by the State Council, the relevant departments of the state have expressly banned the addition of hormone drugs such as "Clenbuterol" in feed and feed additives In practice, because there is no clear stipulation in the criminal law, the judicial organs all over the country have different understandings on whether to investigate the criminal responsibility of the units and individuals who illegally produce, manage and use clenbuterol, which affects the fight against such crimes In order to crack down on the crimes of clenbuterol and unify the law enforcement standards, the "two highs" decided to jointly formulate and issue this judicial interpretation 2 The main content of the explanation is six articles in total, which are mainly made from the production, sales, use of "Clenbuterol" and the processing and sales of "Clenbuterol" products and other different links They are briefly described as follows one by one: Article 1 of the interpretation mainly deals with the application of criminal law to the illegal production and sale of "Clenbuterol" According to reports, at present, there are not only "underground factories" but also regular pharmaceutical factories producing "Clenbuterol"; those selling "Clenbuterol" are not only through illegal channels, but also through pharmacies According to the provisions of the drug administration law, the State implements a strict examination and approval management system for the production and operation of drugs Those who do not obtain such licenses and approval numbers as the drug production license and the drug operation license shall not produce and operate drugs, and those who violate the regulations shall be punished according to law According to the provisions of the interpretation, if the "underground factory" or the illegal way to produce or sell "Clenbuterol" or the drug production and marketing unit illegally produces or sells "Clenbuterol" in violation of the relevant provisions, if the circumstances are serious, the criminal responsibility shall be investigated for the crime of illegal operation in accordance with the provisions of the first paragraph of Article 225 of the criminal law The second article of the interpretation mainly clarifies the application of criminal law to the illegal addition of "Clenbuterol" and other illegal drugs in feed by feed producers and sellers or to the sale of feed that clearly knows to contain "Clenbuterol" and other illegal drugs According to most opinions, Article 29 of the regulations on the administration of feed and feed additives (hereinafter referred to as the regulations) provides for the administrative punishment of the act of adding prohibited drugs to feed and animal drinking water in violation of the provisions (i.e the act prescribed in the interpretation of this article), but there is no provision on how to deal with the act that constitutes a crime In contrast, such act is closer to The act of violating the provisions of Article 28 of the regulations in the production and operation of feeds and feed additives that have been stopped, banned or eliminated and have not been approved and published should not be punished as the crime of producing and selling fake and inferior products, and the interpretation finally adopted this opinion The third provision of the interpretation is mainly to solve the problem that pig farmers illegally feed pigs with "Clenbuterol" and pig sellers illegally sell "Clenbuterol" pigs According to reports, there are two ways to feed "lean meat concentrate" to pigs, one is to add it directly to the feed, and the other is to add it to the water fed to pigs The production and sale of "Clenbuterol" as stipulated in Article 1 can only be determined according to the crime of illegal operation and the penalty is relatively light because it is not directly used for feeding; the act stipulated in this article is to directly use "Clenbuterol" for feeding pigs or intentionally sell "Clenbuterol" pigs, so the criminal responsibility shall be investigated according to the crime of production and sale of toxic and harmful food After research, most of the opinions think that the food hygiene law only defines the scope of application of the law, and cannot completely equate the food referred to in the law with the food in the criminal law A relatively broad interpretation of the food in the criminal law is not against the original intention of the legislation, but also conducive to the strict fight against crime Article 4 of the interpretation mainly deals with the punishment of "Clenbuterol" in slaughtering and other processing links and meat marketing links Slaughtering and other processing behavior is also a kind of production behavior If the actor knowingly provides slaughtering and other processing services for "Clenbuterol" pigs, he can be directly convicted of producing and selling toxic and harmful food, rather than being deemed as an accomplice Food safety issues are of great importance and closely related to the vital interests of the masses Sometimes, the behavior of "Clenbuterol" may not directly lead to personal casualties and other consequences, but it directly endangers the health of the unspecified majority of people, causes consumers' psychological panic and disrupts the market order, and must be severely punished This spirit is reflected in the relevant provisions of the interpretation Article 5 of the interpretation deals with the problem of complicity According to this provision, if the perpetrator commits a certain crime such as "Clenbuterol" and commits multiple crimes at the same time, he shall be convicted and punished according to the provisions of which the punishment is heavier rather than the combination of several crimes Article 6 of the interpretation clarifies the determination of the scope of prohibited drugs 3 Problems that should be paid attention to in the application of the interpretation (1) on the boundary between crime and non crime, the interpretation only clarifies the application of criminal law on "Clenbuterol" and other behaviors under different circumstances, but does not cover the specific amount and quantity of conviction According to the provisions of Article 70 of the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for prosecution of economic crime cases, the acts specified in Article 1 and Article 2 of this interpretation are carried out If the amount of illegal business of an individual is more than 50000 yuan or the amount of illegal income is more than 10000 yuan, the amount of illegal business of an entity is more than 500000 yuan or the amount of illegal income is more than 100000 yuan, Criminal responsibility shall be investigated according to law According to the provisions of Article 29 of the regulations, if the use of feed, feed additives, or the addition of hormone drugs to feed and animal drinking water, or other prohibited drugs specified by the competent agricultural department of the State Council, which are prohibited from production, marketing, suspension, prohibition or elimination, does not constitute a crime, the illegal drugs shall be confiscated by the feed administration department of the local people's government at or above the county level In addition, a fine of not less than 10000 yuan but not more than 50000 yuan may be imposed The crime of producing and selling poisonous and harmful food belongs to the crime of behavior, and there are no restrictions on the amount and quantity of the circumstances However, according to the provisions of the general provisions of the criminal law on the definition of crime, the crime of producing and selling poisonous and harmful food with obvious and minor circumstances shall not be dealt with as a crime, and corresponding administrative punishment may be given in accordance with the relevant provisions of the food hygiene law (2) in practice, when investigating and dealing with cases such as Clenbuterol, violence against the law has occurred constantly In the process of research and formulation of the interpretation, in order to provide legal protection for law enforcement personnel, effectively deter criminals, and solve the problem of one crime and several crimes, it was once stipulated that "the perpetrator has carried out illegal production, sale, use of clenbuterol hydrochloride and other national regulations prohibiting drug use in animal husbandry, which constitutes a crime, but also violence, threat, etc Methods those who resist investigation and punishment and constitute other crimes shall be investigated for criminal responsibility in accordance with the provisions of combined punishment for several crimes " As the above-mentioned principles have been clearly defined in relevant laws and judicial interpretations for many times, and there is no objection in judicial practice, they can no longer be stipulated separately The interpretation finally cancels the above-mentioned provisions, but in judicial practice, we should pay attention to this principle so as to completely eliminate the arrogance of criminals 2 What is "rest assured meat"? What is "pollution-free pork"? "Rest assured meat" is put forward according to the situation that pork sold in the market is not safe and healthy It refers to that no water is injected into pork; no sick pork or dead pork is used; no prohibited sedatives, sleeping feed additives and antiasthmatic and hormone drugs are used in feed safety and health, such as Clenbuterol, which affect human health But the pollution-free pork is the international general name, its standard is much stricter than the rest assured meat In fact, the production of pollution-free pork is a systematic project It is a chain pork food safety monitoring production system from production base to meat market "Lean meat essence" is also called "harmful essence" In the early 1980s, an American company unexpectedly found that adding a certain amount of clenbuterol hydrochloride to the feed could improve the lean meat rate of livestock This new discovery has been applied to aquaculture in some countries In the late 1980s, some colleges and universities and scientific research institutes in our country popularized this feed additive to feed processing plants and specialized breeding households After trial, this method is really good The term "Clenbuterol" has been used since then