Treatment of unqualified sampling inspection of edible agricultural products
Paragraph 2 of Article 2 of the Food Safety Law stipulates: "The sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this Law on agricultural inputs shall abide by the provisions of this Law." In other words, the quality problems of edible agricultural products in planting and breeding are regulated by the Agricultural Products Quality and Safety Law, and once they enter the market circulation, they are regulated by the Food Safety Law. In order to explain this problem more intuitively, this paper takes a Chinese cabbage with excessive pesticide residues as an example to discuss the punishment of unqualified edible agricultural products.
Punishment of unqualified edible agricultural products sampled from the market (supermarket) Assuming that this unqualified cabbage comes from shopping malls (supermarkets) or wholesale markets, I think its disposal should be divided into two situations:
First, shopping malls (supermarkets), as sellers of edible agricultural products, if they conscientiously fulfill the provisions of Article 65 of the Food Safety Law, "sellers of edible agricultural products should establish an inspection record system for the purchase of edible agricultural products, truthfully record the name, quantity, purchase date, supplier's name, address, contact information and other contents, and save relevant vouchers. The retention period of records and vouchers shall not be less than 6 months. According to Article 136 of the Food Safety Law, except for the confiscation of the same batch of unqualified cabbages that have not been sold in time, they can be exempted from punishment. Of course, according to the law, those who cause personal, property or other damage shall be liable for compensation according to law.
Second, shopping malls (supermarkets), as sellers of edible agricultural products, should be punished according to the provisions of Item (1) of Paragraph 1 of Article 124 of the Food Safety Law, that is, except for the confiscation of unqualified cabbages that were not sold in time in the same batch, if the value of the goods is less than 654.38+/kloc-0.00 million yuan, it should be punished according to the illegal circumstances.
Punishment for sampling unqualified edible agricultural products by catering units
Assuming that this unqualified cabbage is sampled from a catering unit (canteen), it should also be handled in two situations: First, whether the catering store (canteen) as a food operator has seriously fulfilled the provisions of Article 53, paragraphs 1 and 2 of the Food Safety Law, "The food operator should check the supplier's license and the food factory inspection certificate or other qualified certificates, and the food business enterprise should establish a food purchase inspection record system. Truthfully record the name, specification, quantity, production date or batch number, shelf life, purchase date, supplier's name, address and contact information of the food ... "According to the provisions of Article 136 of the Food Safety Law, in addition to the confiscation of unqualified cabbages that were not sold in time in the same batch, they can also be exempted from punishment. Of course, according to the law, those who cause personal, property or other damage shall also be liable for compensation according to law. In the practice of law enforcement, it should be noted that restaurants (canteens), as food operators, have different basis and contents for fulfilling the obligation of incoming inspection from sellers of edible agricultural products, so the contents of incoming inspection are also different. Second, restaurants (canteens), as food operators, fail to seriously fulfill or fully fulfill the "incoming inspection obligations" stipulated in the first and second paragraphs of Article 53 of the Food Safety Law. Then, according to the first paragraph (4) of Article 125 of the Food Safety Law, "food producers and operators purchase or use food raw materials, food additives and food-related products that do not meet food safety standards", the same batch of products that are not sold in time will be rejected.
What needs to be emphasized here is that the same unqualified cabbage, whose value is less than 1000 yuan, can only be fined up to 50,000 yuan as a food raw material; In the sales process, the minimum penalty for the same value is 50,000 yuan, and the maximum penalty is 6,543,800 yuan. Visible, the same cabbage, because of the different "identity", the punishment is also very different.
Punishment for sampling unqualified edible agricultural products by food production enterprises According to the first paragraph of Article 50 of the newly revised Food Safety Law, food production enterprises must fulfill the following legal obligations when purchasing food raw materials: First, they should check the supplier's license and product qualification certificate; Secondly, for food raw materials that cannot provide qualified certificates, food production enterprises should conduct inspection according to food safety standards, and only after passing the inspection can they be put into storage; Third, food production enterprises are not allowed to purchase and use food raw materials, food additives and food-related products that do not meet food safety standards. If this unqualified cabbage comes from a food production enterprise, then the food production enterprise constitutes an illegal act of "purchasing or using food raw materials, food additives and food-related products that do not meet food safety standards". As the food production enterprises are not applicable to the relevant provisions of Article 136 "Exemption Clause" of the newly revised Food Safety Law, the food safety supervision department shall, in accordance with the provisions of Item (4) of Paragraph 1 of Article 125 of the Law, confiscate the unqualified cabbages that have not been used up in time in the same batch, and if the value of the goods is less than 1000 yuan, impose a fine of more than 5,000 yuan and less than 50,000 yuan. If the value of goods is more than 10000 yuan, a fine of 5~ 10 times of the value of goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
Through the above-mentioned punishment (placement) process for a Chinese cabbage with pesticide residues exceeding the standard, it is not difficult to draw such a conclusion: First, the treatment results in different links and different situations are definitely different; Second, the results of the same situation in different links may be different (some fines are heavy, some fines are light); Third, the results of different situations in the same link may be different (some are exempted and some are punished). This fully illustrates the diversity and complexity of the application of the law, and also reminds regulators that when dealing with food safety violations, we should analyze specific problems in detail, and we should not be comprehensive.
Treatment of unqualified sampling inspection of edible agricultural products
Since the newly revised Food Safety Law was formally implemented, the legislative spirit has been fully understood in order to promote the comprehensive and in-depth implementation of the law. You can't act alone. As a market supervision department, only by continuously increasing the publicity and popularization of the Food Safety Law can we achieve the legislative purpose of "putting the system first and punishing later" and continuously increase the implementation of the Food Safety Law.