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do you know? Balsamic vinegar may not be marked with the expiration date , but some manufacturers use this as an excuse to falsely mark the production date and produce next year's vinegar this year.
Is this okay?
Is this okay?
Brief introduction to the case
A vinegar company in Danyang is the authorized unit to use the collective trademarks of "Zhenjiang balsamic vinegar" and "Zhenjiang mature vinegar"
.
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On November 8, 2019, during the on-site inspection of the Danyang Market Supervision and Administration Bureau, it was found that the company's street warehouse stored Zhenjiang balsamic vinegar and Zhenjiang mature vinegar with production dates of 20200102 and 20191201, suspected of false production dates, with a total value of 195,360 yuan
.
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With the approval of Zhenjiang Market Supervision and Administration, Danyang Market Supervision and Administration ordered the vinegar company to immediately correct its illegal behavior and imposed a fine of 1,953,600 yuan
.
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A vinegar company in Danyang refused to accept it and filed an administrative lawsuit
.
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After a hearing, the court ruled to dismiss the vinegar company's claim
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Judge's statement
First Instance Undertaker Cao Dongsheng (Zhenjiang Runzhou Court)
Second trial undertaker Cao Ying (Zhenjiang Intermediate Court)
The presiding judge of the second instance, Xiao Xiong (Zhenjiang Intermediate Court)
In Zhenjiang, there is such a saying: the balsamic vinegar is not bad, the meat is not a dish, and the lid is boiled in the noodle pot
.
As one of the three monsters in Zhenjiang, Zhenjiang balsamic vinegar is famous at home and abroad for its "sour but not astringent, fragrant and slightly sweet, fresh and strong taste" and has a long history
.
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As one of the three monsters in Zhenjiang, Zhenjiang balsamic vinegar is famous at home and abroad for its "sour but not astringent, fragrant and slightly sweet, fresh and strong taste" and has a long history
.
Perhaps it is precisely because "balsamic vinegar is not bad", Article 9 of the " Food Labeling Management Regulations " (formulated by the former General Administration of Quality Supervision, Inspection and Quarantine) stipulates that vinegar can be exempted from labeling the shelf life
.
Accordingly, the plaintiff submits that although the false production date is marked, it has no effect, and the products involved in the case have no quality problems after testing, have not been shipped to customers, and have not been sold, so there is no social harm
.
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Accordingly, the plaintiff submits that although the false production date is marked, it has no effect, and the products involved in the case have no quality problems after testing, have not been shipped to customers, and have not been sold, so there is no social harm
.
In this regard, the court held that although vinegar can be exempted from the standard shelf life, the standard exempt shelf life does not mean that the production date can be omitted or falsely marked
.
The production date is a quality attribute of a product, especially in the field of food.
The production date is an important reference for consumers to choose products, and even the "year" of many products is given a specific value
.
The false labeling of the production date is not conducive to the traceability and supervision of the product, but also damages the consumer's right to know
.
The vinegar company deliberately marked false production dates on more than 8,000 boxes of vinegar products for several consecutive days and should be punished
.
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The production date is a quality attribute of a product, especially in the field of food.
The production date is an important reference for consumers to choose products, and even the "year" of many products is given a specific value
.
The false labeling of the production date is not conducive to the traceability and supervision of the product, but also damages the consumer's right to know
.
The vinegar company deliberately marked false production dates on more than 8,000 boxes of vinegar products for several consecutive days and should be punished
.
Article 67, paragraph 1, item 1 of the Food Safety Law
stipulates, "The packaging of prepackaged food shall have a label .
The label shall indicate the date of manufacture
.
"
stipulates, "The packaging of prepackaged food shall have a label .
The label shall indicate the date of manufacture
.
"
Paragraph 2 of Article 71 stipulates, "The labels and instructions of food and food additives shall be clear and conspicuous, and matters such as production date and shelf life shall be marked prominently for easy identification
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"
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"
It is worth mentioning that this case not only applies the Food Safety Law, but also applies the Zhenjiang Vinegar Protection Regulations.
This is also the first time since the Zhenjiang Court has centralized jurisdiction over administrative litigation cases, the first administrative case to be tried by the local regulations of the Municipal People's Congress.
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This is also the first time since the Zhenjiang Court has centralized jurisdiction over administrative litigation cases, the first administrative case to be tried by the local regulations of the Municipal People's Congress.
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"Zhenjiang Vinegar Protection Regulations"
In 2016, in order to protect the brand and craft characteristics of Zhenjiang balsamic vinegar and promote the sustainable and healthy development of Zhenjiang balsamic vinegar industry, the Standing Committee of the Zhenjiang Municipal People's Congress formulated the "Regulations on the Protection of Zhenjiang Balsamic Vinegar" and reported it to the Standing Committee of the Jiangsu Provincial People's Congress for review and approval.
, to regulate the production and operation activities of Zhenjiang balsamic vinegar
.
, to regulate the production and operation activities of Zhenjiang balsamic vinegar
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According to Article 29 of the "Regulations on the Protection of Zhenjiang Vinegar", if a false production date is marked, the food and drug supervision and administration department shall confiscate the illegal income and illegal production and operation of food and food additives, and may confiscate the tools used for illegal production and operation.
, equipment, raw materials and other items; if the value of illegally produced and operated food and food additives is less than 10,000 yuan, a fine of more than 50,000 yuan but not more than 100,000 yuan shall be imposed; A fine of more than ten times but not more than twenty times; if the circumstances are serious, the food production license shall be revoked according to law
.
, equipment, raw materials and other items; if the value of illegally produced and operated food and food additives is less than 10,000 yuan, a fine of more than 50,000 yuan but not more than 100,000 yuan shall be imposed; A fine of more than ten times but not more than twenty times; if the circumstances are serious, the food production license shall be revoked according to law
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The above provisions are basically consistent with the relevant provisions of Article 124, Paragraph 1, Item 5 of the Food Safety Law
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Article 32 of the "Regulations on the Administration of Food Labeling" stipulates that those who forge or falsely mark the date of production and shelf life of food shall be ordered to make corrections within a time limit, and a fine of not less than 500 yuan but not more than 10,000 yuan shall be imposed; if the circumstances are serious and consequences are caused, relevant laws, administrative Penalties are prescribed by law
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In this case, in response to the illegal behavior of the vinegar company, Article 124, Paragraph 1, Item 5 of the Food Safety Law, Article 29 of the Regulations on the Protection of Zhenjiang Vinegar, and the Regulations on the Administration of Food Labeling Article 32 stipulates different punishment rules.
Among them, the punishment stipulated in the Food Safety Law and the Regulations on the Protection of Zhenjiang Vinegar is not conditional on the occurrence of objective damage, and the punishment is significantly stronger
.
Among them, the punishment stipulated in the Food Safety Law and the Regulations on the Protection of Zhenjiang Vinegar is not conditional on the occurrence of objective damage, and the punishment is significantly stronger
.
According to the legal principle that "if the same illegal act violates multiple laws and regulations, it should be punished with a fine, and the penalty shall be punished according to the higher amount of fine".
It can better reflect the "four strictest" law enforcement standards for food and drug supervision
.
It can better reflect the "four strictest" law enforcement standards for food and drug supervision
.
Contributed by: Zhenjiang Intermediate Court, Zhenjiang Runzhou Court
