1. What is the scope of application of the Food Safety Law? Article 2 of the Food Safety Law clearly stipulates that the following activities in People's Republic of China (PRC) shall be observed: ① food production and processing (referred to as food production), food circulation and catering services (referred to as food business); ② Production and management of food additives; (3) Production and operation of packaging materials, containers, detergents and disinfectants for food and tools and equipment for food production and operation (hereinafter referred to as food-related products); ④ Food producers and operators use food additives and food-related products; ⑤ Safety management of food, food additives and food-related products; ⑥ Formulation of quality and safety standards for edible primary products (referred to as edible agricultural products) and release of information related to the safety of edible agricultural products. Two. How long is the criminal detention period of the crime of endangering food safety? The term of criminal detention is from one month to six months, and the combined punishment for several crimes shall not exceed one year. The term of imprisonment shall be counted from the date when the judgment of the people's court is executed. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. Criminal detention is a penalty method of deprivation of liberty. Because criminal detention deprives criminals of their freedom, it is obviously different from public surveillance. As criminal detention is a penalty method, it is obviously different from administrative detention, criminal detention and judicial custody in terms of legal attribute, applicable object, applicable organ, applicable basis, applicable procedure and applicable period. Three. What is the sentencing standard for the crime of endangering food safety? Whoever produces or sells food that does not meet the food safety standards enough to cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

Legal objectivity:

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety

first

The production and sale of food that does not meet the food safety standards, under any of the following circumstances, shall be deemed as "enough to cause serious food poisoning accidents or other serious food-borne diseases" as stipulated in Article 143 of the Criminal Law:

(a) containing pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health that seriously exceed the standard limit;

(2) Livestock, poultry, beasts, aquatic animals and their meat and meat products that have died of illness, the cause of death is unknown or the inspection and quarantine is unqualified;

(3) The production and sale are explicitly prohibited by the state for the prevention and treatment of diseases and other special needs;

(four) the nutritional components required for the growth and development of infant food seriously do not meet the food safety standards;

(5) Other circumstances sufficient to cause serious food poisoning accidents or serious food-borne diseases.