Article 6 of the Food Hygiene Law of People's Republic of China (PRC) stipulates that "food should be non-toxic and harmless, meet the nutritional requirements, and have corresponding sensory properties such as color, fragrance and taste."

Article 7 stipulates that "the main and supplementary foods for infants and young children must conform to the nutrition and hygiene standards formulated by the health administrative department of the State Council. (4) The equipment layout and technological process are reasonable. Prevent cross-contamination between foods to be processed and foods, raw materials and finished products that directly contact people, and foods must not contact toxic and unclean substances; "

Article 9 stipulates that "the production and marketing of the following foods are prohibited: (2) containing or contaminated with toxic and harmful substances, which may be harmful to human health; (8) Processing non-food raw materials, adding non-food chemicals or treating non-food as food; "

Some batches of infant milk powder in Sanlu Company were contaminated by melamine, probably because the production process did not meet the hygiene standards set by the Ministry of Health, which made the milk powder contaminated by toxic substances. Melamine molecules contain a lot of nitrogen, which can improve the protein detection value in food when added to it. As a chemical raw material, melamine cannot be added to food at all. If it is added, it will seriously violate the Food Hygiene Law and should be severely punished by the health administrative department.

Article 26 of the Product Quality Law of People's Republic of China (PRC) stipulates that "producers shall be responsible for the quality of the products they produce. The quality of products shall meet the following requirements: (1) There is no unreasonable danger endangering personal and property safety, and if there are national standards and industry standards to protect human health and personal and property safety, the standards shall be met; "

Article 49 stipulates that "those who produce and sell products that do not meet the national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and the products illegally produced and sold (including sold and unsold products, the same below) shall be fined less than three times the value; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

Sanlu's milk powder products obviously do not meet the national industry standards for protecting human health, and there are unreasonable dangers that seriously endanger human health. According to the law, Sanlu Company should be punished by the administrative department of quality supervision.

Article 143 of the Criminal Law of People's Republic of China (PRC) stipulates that "whoever produces or sells food that does not meet the hygiene 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 shall also be fined not less than 50% but not more than two times the sales amount; Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50% but not more than two times the sales amount, or their property shall be confiscated. "

Article 144 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, or shall only, 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; Whoever causes death or especially serious harm to human health shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined not less than 50% but not more than 2 times the sales amount or confiscated property. "

Article 150 stipulates that "if a unit commits the crimes specified in Articles 140 to 148 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section."

According to Sanlu's statement, there are about 700 tons of Sanlu infant milk powder contaminated with melamine on the market. According to relevant media reports, there are 59 cases of urinary calculi in infants in Gansu Province, including death 1 case. Medical institutions in Jiangsu, Shaanxi, Hubei and other places have also treated many cases of urinary calculi in infants. It can be said that the amount of milk powder involved is amazing, affecting the whole country and the consequences are very serious. If the investigation proves that Sanlu intentionally added toxic melamine to milk powder, according to the provisions of the criminal law, the person in charge directly responsible for Sanlu and other relevant responsible personnel will bear criminal responsibility, and the maximum penalty is death, and Sanlu will also be severely punished.

The exemption system has both advantages and disadvantages.

Specifically, you can search related articles online. The system of exemption from inspection in the food field has been proved unreasonable by facts and has been cancelled.

The problem of product quality requires the state to strengthen supervision, the whole people to participate, the government departments to clarify their responsibilities and crack down on illegal acts. For quality problems, most enterprises still need to operate according to market rules.

I hope it helps.

Henan Cao lawyer office