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In order to deeply implement General Secretary Xi Jinping's "four strictest" requirements on food and drug safety, in September this year, the Office of the Municipal Food and Drug Safety Commission, the Municipal People's Procuratorate, the Municipal Public Security Bureau, the Municipal Administration for Market Supervision, the Municipal Agriculture and Rural Committee, and the Municipal Drug Administration jointly signed the "Collaborative Opinions on Strengthening Law Enforcement and Judicial Cooperation in the Field of Food and Drug Safety and Jointly Safeguarding the City's Food and Drug Safety", jointly building a "full-chain" and "multi-dimensional" comprehensive protection system in the field of food and drug safety.
Jointly protect the life, health and safety
of the people.
Jointly protect the life, health and safety
of the people.
In recent years, the Shanghai Municipal Procuratorate and the Market Supervision and Administration Department have fully relied on the law enforcement and judicial coordination mechanism, effectively formed a joint work force, and made every effort to protect the "safety on the tip of the tongue"
of the broad masses of the people.
A total of 4 typical cases were released this time, involving food fields such as food seasonings, edible meat rolls, diet coffee, aquatic products and other food fields, with strong representation and wide coverage, which are closely related to
the daily life of the people.
of the broad masses of the people.
A total of 4 typical cases were released this time, involving food fields such as food seasonings, edible meat rolls, diet coffee, aquatic products and other food fields, with strong representation and wide coverage, which are closely related to
the daily life of the people.
Case 1
Chen and Shen produced and sold fake and shoddy products
In 2013, the defendant Chen established a seasoning food limited company in a certain place in another province to produce and sell various condiments
.
From the end of 2017 to the discovery of the case, in order to reduce production costs and violate the company's production standards, Chen required workers to mix rice flour, paprika and other raw materials into the products in the process of producing white pepper powder products, and sold the inferior white pepper powder finished products to many places
across the country.
The defendant Shen was employed by Chen to engage in raw material procurement, cost accounting, production arrangement, etc.
, and assisted Chen in carrying out the above-mentioned adulteration activities
.
By the time the case came to light, the sales amount of inferior white pepper powder products involved in the case totaled more than 390,000 yuan
.
.
From the end of 2017 to the discovery of the case, in order to reduce production costs and violate the company's production standards, Chen required workers to mix rice flour, paprika and other raw materials into the products in the process of producing white pepper powder products, and sold the inferior white pepper powder finished products to many places
across the country.
The defendant Shen was employed by Chen to engage in raw material procurement, cost accounting, production arrangement, etc.
, and assisted Chen in carrying out the above-mentioned adulteration activities
.
By the time the case came to light, the sales amount of inferior white pepper powder products involved in the case totaled more than 390,000 yuan
.
On October 28, 2020, the case was jointly listed and supervised
by the Shanghai Municipal People's Procuratorate, the Shanghai Municipal Public Security Bureau, and the Shanghai Municipal Administration for Market Regulation.
On November 27, 2020, the Shanghai Railway Transportation Procuratorate filed a public prosecution
with the Shanghai Railway Transportation Court on suspicion of the crime of producing and selling fake and shoddy products by Chen and Shen.
On March 22, 2021, the Shanghai Railway Transportation Court made a judgment in accordance with the law, sentencing Chen to three years' imprisonment and a fine of RMB 500,000 for the crime of producing and selling fake and shoddy products; Shen was sentenced to one year in prison and fined RMB 5,000 for the crime of producing and selling fake and shoddy products
.
Chen and Shen did not appeal, and the judgment has taken effect
.
by the Shanghai Municipal People's Procuratorate, the Shanghai Municipal Public Security Bureau, and the Shanghai Municipal Administration for Market Regulation.
On November 27, 2020, the Shanghai Railway Transportation Procuratorate filed a public prosecution
with the Shanghai Railway Transportation Court on suspicion of the crime of producing and selling fake and shoddy products by Chen and Shen.
On March 22, 2021, the Shanghai Railway Transportation Court made a judgment in accordance with the law, sentencing Chen to three years' imprisonment and a fine of RMB 500,000 for the crime of producing and selling fake and shoddy products; Shen was sentenced to one year in prison and fined RMB 5,000 for the crime of producing and selling fake and shoddy products
.
Chen and Shen did not appeal, and the judgment has taken effect
.
This case is a typical case
in which the city's procuratorial organs and market regulatory departments give full play to the working mechanism of law enforcement and judicial cooperation to accurately and effectively crack down on the manufacture and sale of counterfeits in the field of condiments.
After the judgment came into effect, after the procuratorate transferred the leads, the market regulatory department also imposed administrative penalties on enterprises and individuals selling fake and shoddy white pepper powder products involved in the case, ensuring that the execution and punishment formed a closed loop and further formed a joint force
.
in which the city's procuratorial organs and market regulatory departments give full play to the working mechanism of law enforcement and judicial cooperation to accurately and effectively crack down on the manufacture and sale of counterfeits in the field of condiments.
After the judgment came into effect, after the procuratorate transferred the leads, the market regulatory department also imposed administrative penalties on enterprises and individuals selling fake and shoddy white pepper powder products involved in the case, ensuring that the execution and punishment formed a closed loop and further formed a joint force
.
Case 2
Luo's case of selling fake and shoddy products
Since 2020, in order to seek illegal profits, Luo has wholesale a large number of finished duck breast meat rolls, and passed off the duck breast meat rolls as fat beef rolls and sold them to several catering establishments
in the city.
In March 2021, law enforcement personnel of a market regulatory department in a district of the city discovered Luo's above-mentioned behavior during daily inspections, and seized 44 bags of "fat beef rolls" involved in the case on the spot.
By the time of the case, the total sales amount was more than 120,000 yuan
.
in the city.
In March 2021, law enforcement personnel of a market regulatory department in a district of the city discovered Luo's above-mentioned behavior during daily inspections, and seized 44 bags of "fat beef rolls" involved in the case on the spot.
By the time of the case, the total sales amount was more than 120,000 yuan
.
In March 2022, the Shanghai Railway Transportation Procuratorate filed a public prosecution
with the Shanghai Railway Transportation Court on suspicion of selling fake and shoddy products.
In June 2022, the Shanghai Railway Transportation Court made a judgment in accordance with the law, sentencing Luo to seven months' imprisonment and a fine of RMB 100,000 for the crime of selling fake and shoddy products
.
Luo did not appeal, and the judgment has taken effect
.
with the Shanghai Railway Transportation Court on suspicion of selling fake and shoddy products.
In June 2022, the Shanghai Railway Transportation Court made a judgment in accordance with the law, sentencing Luo to seven months' imprisonment and a fine of RMB 100,000 for the crime of selling fake and shoddy products
.
Luo did not appeal, and the judgment has taken effect
.
After the market regulatory departments discover clues of violations and crimes in this case in their daily work, they rely on the law enforcement and judicial coordination mechanism to promptly transfer the case to the public security organs for investigation, and the procuratorial organs simultaneously guide the collection of evidence to ensure that criminal offenses are promptly and effectively investigated and handled
.
.
Case 3
Ma Moujia, Ma MouB
Cases of selling toxic and harmful food
Since 2020, when the defendants Ma Moujia and Ma Mouyi knew that the weight loss coffee wholesaled from others would cause toxic side effects to the human body after being consumed, they still purchased the goods through the Internet and then sold them to all parts of the country through online channels, and the ascertained sales amount was not less than RMB 20,000.
After the case, administrative law enforcement personnel and public security personnel seized some of the weight loss coffee
involved in the case from Ma Moujia.
After testing, the weight loss coffee involved in the case detected sibutramine ingredients
banned by the state in food production.
After the case, administrative law enforcement personnel and public security personnel seized some of the weight loss coffee
involved in the case from Ma Moujia.
After testing, the weight loss coffee involved in the case detected sibutramine ingredients
banned by the state in food production.
On June 16, 2022, the Shanghai Railway Transportation Procuratorate prosecuted
Ma Moujia and Ma MouB on suspicion of selling toxic and harmful food.
On July 8, 2022, the Shanghai Railway Transportation Court made a judgment in accordance with the law, sentencing Ma Moujia and Ma Moujia to one year and three months in prison and a fine of RMB 50,000 for the crime of selling toxic and harmful food; Ma was sentenced to eight months' imprisonment and fined RMB 30,000
.
Ma Moujia and Ma MouB on suspicion of selling toxic and harmful food.
On July 8, 2022, the Shanghai Railway Transportation Court made a judgment in accordance with the law, sentencing Ma Moujia and Ma Moujia to one year and three months in prison and a fine of RMB 50,000 for the crime of selling toxic and harmful food; Ma was sentenced to eight months' imprisonment and fined RMB 30,000
.
After receiving reports from the public, the market regulatory department of a certain district of the city promptly carried out investigation work, and after discovering a suspected crime, immediately relied on the law enforcement and judicial coordination mechanism to transfer the case to the public security organ, and at the same time sent a copy to the procuratorial organ
.
The procuratorial organs immediately intervened in the investigation, carried out deep digging of criminal clues, cooperated with the public security organs to arrest five lawbreakers in the upstream and downstream criminal chains, completely destroyed the illegal profit chain involved in the production and sale of toxic and harmful weight loss products, effectively purified the online sales environment, and ensured the food safety
of the people.
.
The procuratorial organs immediately intervened in the investigation, carried out deep digging of criminal clues, cooperated with the public security organs to arrest five lawbreakers in the upstream and downstream criminal chains, completely destroyed the illegal profit chain involved in the production and sale of toxic and harmful weight loss products, effectively purified the online sales environment, and ensured the food safety
of the people.
Case 4
Xu's case of producing and selling toxic and harmful food
In the process of selling small yellow croaker, the defendant Xu rented a stall in a vegetable market in the city to operate seafood and aquatic products, and in the process of selling small yellow croaker, he knew that he could not artificially dye the small yellow croaker, but in order to improve the freshness of the appearance of the small yellow croaker and promote sales, he still used "yellow powder" solution to soak and dye the small yellow croaker and sell it to the outside world to seek illegal profits
.
In January 2022, administrative law enforcement personnel and public security personnel seized "yellow powder" and "yellow powder" solution for dyeing, as well as 6 kilograms of dyed small yellow fish, in a stall in Xu, and after testing, detected the alkaline orange II ingredient
prohibited by the state from being added to food production.
.
In January 2022, administrative law enforcement personnel and public security personnel seized "yellow powder" and "yellow powder" solution for dyeing, as well as 6 kilograms of dyed small yellow fish, in a stall in Xu, and after testing, detected the alkaline orange II ingredient
prohibited by the state from being added to food production.
On June 29, 2022, the Shanghai Railway Transportation Procuratorate prosecuted
Xu on suspicion of the crime of producing and selling toxic and harmful food.
On July 29, 2022, the Shanghai Railway Transportation Court rendered a judgment in the case in accordance with the law, sentencing Xu to six months in prison, suspended for one year, and fined RMB 1,000 for the crime of producing and selling toxic and harmful food
.
Xu did not appeal, and the judgment has taken effect
.
Xu on suspicion of the crime of producing and selling toxic and harmful food.
On July 29, 2022, the Shanghai Railway Transportation Court rendered a judgment in the case in accordance with the law, sentencing Xu to six months in prison, suspended for one year, and fined RMB 1,000 for the crime of producing and selling toxic and harmful food
.
Xu did not appeal, and the judgment has taken effect
.
After the procuratorial organs rely on the law enforcement and judicial coordination mechanism to discover clues in this case, they strengthen coordination with market regulatory departments and public security organs, guide public security organs in investigation and evidence collection, comprehensively ascertain the facts involved in the case, further investigate the source of "yellow powder", and carry out full-chain crackdowns
.
.