The Food Safety Law only imposes economic sanctions on food counterfeiters and drug makers who manufacture and sell "gutter oil", and the most serious thing is to revoke the license. This punishment is undoubtedly too light. Economic sanctions have no deterrent effect on counterfeiters, and it is useless to revoke licenses. He can continue to open a shop in another place. Moreover, most of the people who produce waste oil are small underground workshops. It is nothing for these "guerrillas" to punish some money, and there is no legal deterrent to them. These black workshops have no production qualification at all, and it is useless to revoke their licenses.
Criminal law punishment is difficult to obtain evidence.
Article 144 of China's Criminal Law clearly stipulates the punishment for the production and sale of toxic substances and harmful food, but there are still loopholes in this provision. The aggravating circumstances require that "serious food poisoning accidents or other serious food-borne diseases are caused, which causes serious harm to human health", which requires that the public prosecution organ must have evidence to prove the damage caused by eating waste oil at the trial. Gutter oil contains toxic and harmful components such as aflatoxin, bacteria and heavy metals. Long-term consumption will indeed lead to intestinal and cardiovascular diseases, serious damage to internal organs, and even cancer, but it will not die immediately after eating. This makes it difficult to identify the legal causality of edible waste oil.
Waste oil, what should be punished?
Article 28 of the Food Safety Law stipulates that it is forbidden to produce and operate foods made of non-food raw materials, foods with chemicals other than food additives and other substances that may endanger human health, or foods made of recycled foods; Article 85 stipulates that in violation of these regulations, the relevant competent departments shall, in accordance with the division of responsibilities, confiscate the illegal income, food illegally produced and marketed, tools, equipment, raw materials and other items used for illegal production and marketing; If the value of food illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked.
Article 144 of China's Criminal Law stipulates that whoever adulterates toxic and harmful non-food raw materials in food produced or sold, or sells food that is knowingly adulterated with toxic and harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; Whoever causes serious food poisoning accidents or other serious food-borne diseases and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50% but not more than two times the sales amount.
The following is an introduction to gutter oil, which I hope you can understand:
Swill is also called swill. It is the garbage that the catering industry collects leftover dishes and soup from customers. Before the mid-1980s, rural families and even some urban families had the habit of storing swill by themselves. Usually used to feed pigs.
Hogwash fat is the oil recovered from swill collected by illegal traders after water-oil separation, filtration and deodorization. On the whole, it looks very clear.
Because the decanted water is often mixed with impurities such as sewage and detergent, it will not consider any sanitary requirements during transportation and storage, and it is easy to ferment and turn sour. In addition, the underground workshop refining process is purely for "selling appearance", and it is impossible to remove bacteria and harmful chemical components. The main hazards are: dizziness, headache, nausea, vomiting, abdominal pain, gastrointestinal diseases, etc. According to scientific experiments, the carbonyl value of waste oil far exceeds the national hygienic index of edible oil. Rancid oil will destroy polymers containing malondialdehyde, cytochrome enzymes and other enzyme systems, make people aging and cause liver cancer.
Gutter oil is an oil made from kitchen waste such as leftovers, which contains a lot of bacteria and toxins. Once eaten by people, it will do great harm to the human body. [Edit this paragraph] Hogwash oil is an oil made from kitchen waste such as leftovers, which contains a lot of bacteria and toxins. Once eaten by people, it will do great harm to the human body.
Hogwash oil is mixed with a lot of sewage, garbage and detergent. After being extracted in the underground workshop in the open air, bacteria and harmful chemical components can not be removed at all, and people will have symptoms such as dizziness, headache, nausea, vomiting, abdominal pain and gastrointestinal diseases after eating. According to scientific experiments, the carbonyl value of waste oil far exceeds the national hygienic index of edible oil. The rancid oil will destroy several enzyme systems such as cytochrome, and the high oxidation of oil will produce aflatoxin, which can cause cancer. Animals who eat rancid oil for a long time will lose weight and develop stunted. [Edit this paragraph] Beware that hogwash fat's "swill" refers to the mixture of water in dishes and pots and leftovers in the kitchen, which is mixed with a lot of animal and vegetable oils. Grease recovered from swill or oil recovered from fried waste is passed off as various edible oils, that is, hogwash fat, which is often mentioned in our life.
Waste cooking oil can be processed into industrial grease or organic fuel, but it must not be used as edible oil. The main problem is that gutter oil is highly oxidative and rancid, and contains a large number of carcinogens such as lipid peroxide, benzopyrene, alkanes and aflatoxins, as well as contaminated heavy metal ions, bacterial toxins or other impurities, so gutter oil is extremely harmful to health. In fact, hogwash fat's greater harm to health is injuries that cannot be detected and reacted for a while. Because of this, people's vigilance against hogwash fat is easy to relax. For example, people who eat out rarely pay attention to the oil used in processed food, and the main factors that determine whether they eat it are usually taste, price and convenience. It is precisely because of the great concealment of hogwash fat's harm to health that we need to be highly vigilant and guard against it. The most common places in hogwash fat are mobile fried food stalls, roadside snack bars, fast food restaurants, food stalls, individual oil plants, small restaurants, small restaurants, private contracted canteens and so on.
Waste oil is very harmful to people's health. As an ordinary consumer, it is generally difficult to judge through the senses, which leads us to be unpredictable and accidentally encountered. If you encounter it occasionally and don't know it, you don't have to worry about fear, because people's health security system is not so fragile. The real effective way to prevent waste oil from harming health is to block the source, but this is an unattainable measure for consumers. At present, as long as we pay attention to the following points, we can basically prevent the harm of hogwash fat. First of all, don't buy cheap bulk oil from unknown sources, even packaged oil, but also buy well-known brand products; Secondly, don't buy fried foods such as oil tofu, fried dough sticks, oil cakes, twists and orchids. On roadside stalls, mobile stalls or fixed stalls with poor reputation; Thirdly, try not to eat out, even if you have to eat out because of life needs or work needs, don't go to some roadside restaurants or mobile fast food restaurants to buy fast food.