Theme Education Activity on "Promoting Justice and Building Core Values through Openness"

Typical cases of cracking down on illegal crimes that endanger food and drug safety

catalogue

1. The case of Guangxi Hualian Comprehensive Supermarket Co., Ltd. selling food that does not meet safety standards

2. Case of Tao Changxing and others producing and selling food that does not meet safety standards

3. Xu Binghua's case of producing and selling food that does not meet safety standards

4. Case of Huang Ning, Zeng Rongfen, and Liu Xuwang selling counterfeit and inferior products

5. Xie Tian and Li Huachun's case of producing and selling food that does not meet safety standards

6. The case of Zhao Banghe producing and selling toxic and harmful food

7. Cases of Liu Xiqiang and others producing and selling counterfeit (sesame oil) products and bribing non-state workers

8. Case of producing and selling food that does not meet safety standards

9. Case of Sangmou Producing and Selling Fake and Inferior Products

10. Yao Yangye's production and sales of toxic and harmful food cases

11. Ma Xiulong's production and sales of toxic and harmful food cases

12. Case of Qiu producing and selling toxic and harmful food

13. Cases of Zhang Yixiang, Zhang Qingyu, and Nong Xiuqin Producing and Selling Toxic and Harmful Foods

14. Case of Zhang Jiazhang selling food that does not meet safety standards

1、 Case of Guangxi Hualian Comprehensive Supermarket Co., Ltd. Selling Food that Does Not Meet Safety Standards

（1） Basic facts of the case

On April 23, 2014, Ye Runjun purchased 7 cans of pre packaged food made on November 20, 2013, with a shelf life of 18 months, from Guangxi Hualian Comprehensive Supermarket (hereinafter referred to as Hualian Supermarket). Each can cost 73 yuan and a total cost of 511 yuan. Later, Ye Runjun discovered that the body of the Camellia mushroom he purchased was covered with dead and live insects. Ye Runjun repeatedly negotiated with Hualian Supermarket to request a refund and compensation, but the two sides were unable to reach a consensus. Ye Runjun subsequently filed a lawsuit with the People's Court of Jiangnan District, Nanning City, Guangxi Zhuang Autonomous Region, requesting Hualian Supermarket to refund the purchase price of 511 yuan and pay a compensation of 5110 yuan ten times the price.

（2） Judgment results

After trial, the court found that Ye Runjun purchased 7 cans of pre packaged food of Shinong tea and mushroom from Hualian Supermarket, and the relationship between the two parties was established, legal and valid. Article 3 of the Food Safety Law of the People's Republic of China stipulates that "food producers and operators shall engage in production and business activities in accordance with laws, regulations, and food safety standards, be responsible to society and the public, ensure food safety, accept social supervision, and assume social responsibility", which is a relevant provision regarding the product quality responsibility and obligation of sellers. Food sellers should not only review the qualification and qualification certificates of food, but also ensure food safety. In this case, it can be observed with the naked eye that there are dead and live insects on the camellia mushroom bodies sold by Hualian Supermarket, and there are also dead insects at the bottom of packaging bottles. Therefore, the camellia mushroom sold by Hualian Supermarket does not meet food safety standards. Hualian Supermarket does not recognize the defense opinion that the camellia mushrooms it sells meet food safety standards, and Hualian Supermarket does not knowingly sell them without meeting food safety standards. According to Article 96 of the Food Safety Law of the People's Republic of China, consumers who produce food that does not meet food safety standards or knowingly sell food that does not meet food safety standards may not only demand compensation for losses, but also demand compensation of ten times the price from the producer or seller. Therefore, Ye Runjun's lawsuit requesting Hualian Supermarket to refund the payment and pay ten times the compensation for the goods was supported by the court.

（3） Typical significance

According to the provisions of China's Food Safety Law, food safety refers to food that is non-toxic, harmless, meets the necessary nutritional requirements, and does not cause any acute, subacute, or chronic harm to human health. Food sellers have a legal obligation to ensure food safety and should promptly clean and remove food that does not meet safety standards. In this case, the failure of Hualian Supermarket to timely clean and remove the camellia mushrooms sold as long worms from the shelves is a violation of legal obligations and should be considered as selling food that knowingly does not meet food safety standards. In this case, consumers can claim compensation for both losses and ten times the price, or they can only claim compensation for ten times the price. Ye Runjun's request for Hualian Supermarket to refund the payment and pay compensation ten times the selling price is supported by the law. After the judgment, Hualian Supermarket did not appeal.

2、 Case of Tao Changxing and others producing and selling food that does not meet safety standards

（1） Basic facts of the case

Since 2013, the defendants Zhou Mingzhong, Li Xiongmei, and Wen Shaoming (dealt with separately) have purchased pigs from surrounding counties and towns in Nanning City without business qualifications and quarantine by the health inspection and quarantine department for illegal benefits. Among them, Zhou Mingzhong and Li Xiongmei sliced and sold the purchased pigs at Room 431, Renmin Road North Yili, Xingning District, Nanning City. Defendants Yao Shoulin and Tang Yukui assisted Wen Shaoming at 247 Renmin Road North Yili, Xingning District, Nanning City, by dividing and selling the pigs purchased by Wen Shaoming with unknown causes of death or illness.

On January 17, 2014, the Ministry of Industry and Commerce, in conjunction with the public security organs, seized 1932 kilograms of suspected diseased and dead pork purchased by Zhou Mingzhong and Li Xiongmei in Room 431, North Yili, Renmin Road, Xingning District, Nanning City, and 1218 kilograms of suspected diseased and dead pork purchased by Wen Shaoming and cut by Yao Shoulin and Tang Yukui in Room 247, North Yili, Renmin Road, Xingning District, Nanning City. And arrested the defendants Zhou Mingzhong, Li Xiongmei, Yao Shoulin, and Tang Yukui. After identification, pseudorabies virus, porcine reproductive and respiratory syndrome (blue ear disease) virus nucleic acid, highly pathogenic pig blue ear disease virus nucleic acid, and porcine circovirus were detected positive in two seized pork samples.

It was also found that since December 2011, the defendants Tao Changxing, Huang Yanling, and Tao Guoyan, in order to seek illegal benefits, successively purchased pork from "Feiying", Zhou Mingzhong, and Wen Shaoming that had died of unknown or diseased causes. The defendant Tao Guoyan drove the pork back to the rented house of Tao Changxing and others at 23 Yanziling Shangliu Lane, Xingning District, Nanning City, The three people jointly processed the purchased pork into barbecue and sold it to Shihu Guilin rice noodle Store in Nanning. According to the accounting, only from October 28, 2013 to January 25, 2014, 6702 jin of barbecue was sold to Shihu Rice noodles Store, with the amount of 125735 yuan.

（2） Judgment results

After trial, the Xingning District People's Court of Nanning City, Guangxi Zhuang Autonomous Region found that the defendants Tao Changxing, Zhou Mingzhong, Huang Yanling, Tao Guoyan, Li Xiongmei, Yao Shoulin, and Tang Yukui purchased dead pigs with unknown causes of death or illness for processing, and made them into food for external sales. According to the 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 Involving Food Safety Hazards, livestock, poultry, animals, aquatic animals and their meat and meat products that die from illness, have unknown causes of death, or fail inspection and quarantine shall be deemed as "capable of causing serious food poisoning accidents or other serious foodborne diseases" as stipulated in Article 143 of the Criminal Law, Constitute the crime of producing or selling food that does not meet safety standards. Therefore, the actions of the seven defendants in this case have all violated the provisions of Article 143 of the Criminal Law of the People's Republic of China, constituting the crime of producing and selling food that does not meet safety standards. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant Tao Changxing was sentenced to five years in prison and a fine of 200000 yuan for the crime of producing and selling food that does not meet safety standards; The defendant Tao Guoyan was sentenced to four years in prison and a fine of RMB 100000 for the crime of producing and selling food that does not meet safety standards; The defendant Huang Yanling was sentenced to three years in prison and a fine of RMB 90000 for the crime of producing and selling food that does not meet safety standards; The defendant Zhou Mingzhong was sentenced to three years in prison and a fine of RMB 90000 for the crime of producing and selling food that does not meet safety standards; The defendant Li Xiongmei was sentenced to two years and two months in prison for the crime of producing and selling food that does not meet safety standards, and was also fined RMB 50000; The defendant Yao Shoulin was sentenced to two years in prison and a fine of RMB 30000 for the crime of producing and selling food that does not meet safety standards; Tang Yukui, the defendant, was sentenced to two years in prison and a fine of 30000 yuan for the crime of producing and selling food that does not meet safety standards.

（3） Typical significance

This case is a case with a wide social impact and involves food safety for the people. Nanning Shihu Guilin rice noodle is a famous local Rice noodles brand with a certain influence, and Rice noodles is also a favorite food of local people. In today's world where food safety issues are frequent and food safety is increasingly valued, there are still criminals who use substandard raw materials or incorporate illegal additives in the food production process to seek illegal benefits, disregarding the high-pressure policy of the country towards food safety crimes, and making money without realizing their intentions. The people's court has comprehensively considered the criminal facts, nature, circumstances, and harmful consequences of Tao Changxing, Tao Guoyan, Huang Yanling, Zhou Mingzhong, Li Xiongmei, Yao Shoulin, and Tang Yukui's production and sale of food that does not meet safety standards, and sentenced the seven individuals to fixed-term imprisonment of two to five years and a fine ranging from 30000 to 200000 yuan, in accordance with the principle of consistent criminal responsibility and punishment.

3、 Xu Binghua's case of producing and selling food that does not meet safety standards

（1） Basic facts of the case

The defendant Xu Binghua runs and manages the Guilin rice noodle Store in Shihu, Nanning City and is responsible for the purchase of food materials. When purchasing food materials, Xu Binghua did not require Tao Changxing and others to provide relevant certificates such as business license, food circulation certificate, health certificate, etc., and ordered the barbecue made of pork that died of illness or unknown cause of death from Tao Changxing for the production and sales of barbecue powder at a long-term low price from the end of 2011, Provide barbecue powder to customers for consumption. According to the appraisal, during the period from October 28, 2013 to January 25, 2014, Nanning Shihu Guilin rice noodle Store ordered 6702 jin of barbecue from Tao Changxing, valued at 125735 yuan. The defendant Xu Binghua instructed Nong Yongqing, an employee, to fill in false information in the Acceptance Account of Food Raw Materials Purchased by Catering Units of Shihu Rice noodles Shop for the spot check of Nanning Food and Drug Administration.

（2） Judgment results

After trial, the Xingning District People's Court of Nanning City, Guangxi Zhuang Autonomous Region found that the defendant Xu Binghua's purchase of pork barbecue made from unknown or diseased pork for the production of barbecue powder, sold to customers for consumption, and had other serious circumstances. His behavior violated Article 143 of the Criminal Law of the People's Republic of China and constituted the crime of producing and selling food that did not meet safety standards. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant Xu Binghua was sentenced to five years in prison and a fine of RMB 200000 for the crime of producing and selling food that does not meet safety standards.

（3） Typical significance

This case is a case with a wide social impact and involves food safety for the people. Nanning Shihu Guilin rice noodle is a famous local Rice noodles brand with a certain influence, and Rice noodles is also a favorite food of local people. In today's world where food safety issues are frequent and food safety is increasingly valued, there are still criminals who use substandard raw materials or incorporate illegal additives in the food production process to seek illegal benefits, disregarding the high-pressure policy of the country towards food safety crimes, and making money without realizing their intentions. The people's court comprehensively considered the facts, nature, circumstances, and harmful consequences of Xu Binghua's crime of producing and selling food that does not meet safety standards, and sentenced him to five years in prison and a fine of RMB 200000 in accordance with the law, which is consistent with the principle of criminal responsibility and punishment.

4、 Case of Huang Ning, Zeng Rongfen, and Liu Xuwang Selling Counterfeit and Inferior Products

（1） Basic facts of the case

The defendant Huang Ning is the legal representative of Liuzhou Dapeng Agricultural Means Co., Ltd., which mainly deals in pesticides, seeds, fertilizers, etc. The defendants Zeng Rongfen and Liu Xuwang have a marital relationship. In 2009, the couple established the Xiangzhou Maping Xuwang Agricultural Materials Management Department by injecting capital at No. 5 Maping New Street, Maping Town, Xiangzhou County. The owner is Zeng Rongfen, and their business scope includes pesticides, fertilizers, and seeds. Normally, Liu Xuwang is responsible for purchasing and Zeng Rongfen is responsible for sales. In December 2012, the defendant Huang Ning purchased the "long-term system" from Zhengzhou Wan'an Te Agrochemical Products Co., Ltd ®” 2% imidacloprid pesticide, knowing that it is suitable for controlling cucumber aphids, in order to increase sales and expand promotion of its suitability for controlling sugarcane pests, sold 202 pieces of "long made" at a price of 370 yuan per piece ®” 2% imidacloprid pesticide was provided to Maping Xuwang Agricultural Materials Business Department, with a sales revenue of 74740 yuan. Defendants Zeng Rongfen and Liu Xuwang of the Ma Ping Xuwang Agricultural Means Management Department purchased 202 pieces of "long production" from Liuzhou Dapeng Agricultural Means Company ®” After using the 2% imidacloprid pesticide, both of them were subjectively aware of the true performance of the pesticide in controlling aphids on cucumbers. However, in order to increase sales, they promoted the pesticide to farmers as suitable for controlling sugarcane pests. As a result, farmers such as Qin from Dacaotun, Maping Town purchased the pesticide for controlling sugarcane pests, but the sugarcane pests were not killed, causing losses to sugarcane farmers. After investigation, the defendants Zeng Rongfen and Liu Xuwang sold a total of 1512 packages, each priced at 55 yuan, with a total sales revenue of 83160 yuan. Identified by the Pesticide Identification Institute of Guangxi Zhuang Autonomous Region, it has been recognized as a "long-term system ®” 2% imidacloprid pesticide is an unqualified product.

（2） Judgment results

The People's Court of Xiangzhou County held that the defendants Huang Ning, Zeng Rongfen, and Liu Xuwang were aware of the "long system ®” 2% imidacloprid pesticide is suitable for the prevention and control of cucumber aphids. However, in order to make profits, the product is widely promoted as a pest control for sugarcane and sold to sugarcane farmers for spraying sugarcane pests. Its behavior is to pass it off as genuine, and the sales amount is above 50000 yuan, which has violated the criminal law and constitutes the crime of selling fake and inferior products. The defendant Huang Ning, as the legal representative of Liuzhou Dapeng Agricultural Means Co., Ltd. invested by a natural person, shall be responsible for the sales amount of the company. The defendants Zeng Rongfen and Liu Xuwang, in the sale of counterfeit and substandard products, one person is responsible for purchasing and the other person is responsible for selling. They cooperate with each other and are both joint offenders. They should be punished according to all the crimes they participated in. After the incident, the defendant Huang Ning voluntarily surrendered to the public security organs and truthfully confessed the fact that he sold fake and inferior products, which was a voluntary surrender. According to law, the punishment can be lenient or mitigated. After the defendants Zeng Rongfen and Liu Xuwang were brought to justice, they were able to truthfully confess the fact that they sold fake and inferior products. They voluntarily confessed in court and could be given a lighter punishment according to law. In addition, after the incident, the defendants Zeng Rongfen and Liu Xuwang were able to refund the pesticide payment to the sugarcane farmers, showing a certain degree of repentance. Therefore, the two defendants may be given a lighter punishment at their discretion. Therefore, the defendant Huang Ning was convicted of selling counterfeit and inferior products and sentenced to a fine of RMB 80000; The defendant Zeng Rongfen committed the crime of selling counterfeit and inferior products and was fined RMB 40000; The defendant Liu Xuwang committed the crime of selling counterfeit and inferior products and was fined RMB 40000.

（3） Typical significance

People's livelihood cases are closely related to the survival and development of individual citizens and the basic interests of families. China's judicial authorities have always attached great importance to the sentencing and execution of cases involving people's livelihood. In this case, Huang Ning, Zeng Rongfen, and Liu Xuwang were aware of the "long system ®” 2% imidacloprid pesticide is suitable for the control of cucumber aphids, but in order to make profits, the product is still widely promoted as a pest control for sugarcane and sold to sugarcane farmers for spraying sugarcane pests, ultimately affecting the growth of sugarcane and causing huge losses to sugarcane farmers. The court ruled on this case in accordance with the law, providing legal deterrence to the majority of pesticide merchants. The vivid case warns them not to cause losses to farmers for personal gain, Take the path of illegal and criminal activities on your own.

5、 The case of Xie Tian and Li Huachun producing and selling food that does not meet safety standards

（1） Basic facts of the case

Between the end of November and December 2013, Xie Tian and Li Huachun were hired by others (to be dealt with separately) to purchase and transport dead pigs from Huazhou City, Guangdong Province multiple times by truck back to the meat processing plant in Wanglu Village, Rendong Town, Yuzhou District, Yulin City, for processing and sales by others. On December 23, 2013, Li Huachun and Xie Tian drove a truck to Hejiang Bridge, Hejiang Town, Huazhou City, Guangdong Province to purchase a batch of dead pigs with unknown causes of death and without quarantine by animal health supervision agencies. At around 6:00 the next day, the two of them transported the batch of dead pigs (5.57 tons in total) back to Yulin and were caught by public security police while passing through Xiushui Road in Yuzhou District, Yulin City. After inspection, the dead pig involved in the case contains pseudorabies virus and porcine circovirus.

（2） Judgment results

The original trial court held that Xie Tian and Li Huachun's production and sales of food that did not meet food safety standards were sufficient to cause serious food poisoning accidents or other serious foodborne diseases, and their actions violated the criminal law, constituting the crime of producing and selling food that did not meet safety standards. Xie Tian and Li Huachun jointly committed intentional crimes, which constitutes a joint crime; In the joint crime of producing and selling food that does not meet safety standards, Xie Tian and Li Huachun both play a secondary role and are accomplices, and should be given lighter punishment according to law. After Xie Tian and Li Huachun were brought to justice, they truthfully confessed their crimes and could be given a lighter punishment in accordance with the law. Based on this, the original trial court ruled in accordance with relevant laws: firstly, the defendant Li Huachun committed the crime of producing and selling food that does not meet safety standards, and was sentenced to two years and six months in prison, with a fine of 40000 yuan; 2、 The defendant Xie Tian committed the crime of producing and selling food that does not meet safety standards and was sentenced to two years and five months in prison, with a fine of 40000 yuan.

Xie Tian appealed that in this case, he was hired by others to purchase and transport dead pigs, and was an accomplice. After returning to the case, he pleaded guilty and had a good attitude. He requested the second instance court to leniently punish him. The Yulin Intermediate People's Court of the second instance believes that the appellant (the original defendant) Xie Tian and the original defendant Li Huachun produce and sell food that does not meet food safety standards, which is sufficient to cause serious food poisoning accidents or other serious foodborne diseases, have violated the criminal law and constitute the crime of producing and selling food that does not meet safety standards. Xie Tian and Li Huachun jointly committed intentional crimes, which is a joint crime; In the joint crime of producing and selling food that does not meet safety standards, Xie Tian and Li Huachun both play a secondary role and are accomplices, and should be given lighter punishment according to law. After Xie Tian and Li Huachun were brought to justice, they truthfully confessed their crimes and could be given a lighter punishment in accordance with the law. In summary, the original trial court made a judgment based on the facts of Xie Tian and Li Huachun's crimes, the nature, plot, and degree of harm to society, in accordance with the law. The court found that the facts were clear, the evidence was accurate and sufficient, the conviction was accurate, the sentencing was appropriate, and the application of the law was correct, which should be upheld; Xie Tian's appeal reason is not valid and will be rejected in accordance with the law. In June 2015, the final ruling was made: rejecting the appeal and upholding the original judgment.

（3） Typical significance

The country is people-oriented, the people prioritize food, and food prioritizes safety. The level of food and drug safety is one of the important indicators that determine the living standards and happiness index of the people. Living in an environment that ensures food and drug safety is the right and dignity that the people should have, and it is also the bottom line of the entire society. However, in recent years, incidents such as gutter oil and toxic capsules have emerged in China, repeatedly challenging the bottom line of society in various ways, seriously endangering the physical health and life safety of the people, seriously affecting the national image, and damaging the credibility of the Party and government. The people's court has fully played its role in criminal trial, implemented the criminal policy of combining leniency with severity, and punished cases related to food and drug safety in accordance with the law, effectively ensuring food and drug safety.

6、 Zhao Banghe Production and Sales of Toxic and Harmful Food Case

（1） Basic facts of the case

From 2010 to 2014, the defendant Zhao Banghe operated a small workshop in Jianwei Group, Mubo Village, Jingnan Town, Cangwu County to produce Rolls of dried bean milk creams, and added borax, a non food additive prohibited from adding to food, to the Rolls of dried bean milk creams produced and sold it. On April 25, 2014, the public security personnel seized the small workshop and detained the Rolls of dried bean milk creams and raw soybean milk produced. Upon inspection, borax was detected in the Rolls of dried bean milk creams and raw soybean milk seized.

（2） Judgment results

The People's Court of Cangwu County held that the defendant Zhao Banghe, in violation of the national food management regulations, mixed the poisonous and harmful non food raw material borax into the Rolls of dried bean milk creams and sold it, which constituted a crime of producing and selling poisonous and harmful food. According to the relevant provisions of the Criminal Law, the defendant Zhao Banghe was sentenced to one year in prison, suspended for one year and six months, and fined RMB 5000 for the crime of producing and selling toxic and harmful food.

（3） Typical significance

The production and sale of toxic and harmful food cases were previously subject to strict sentencing standards, mainly based on whether there were serious consequences such as food poisoning that constituted a crime. After the promulgation of the Criminal Law Amendment (8), the punishment for the production and sale of toxic and harmful food was increased. As long as there were acts of producing and selling harmful food, it constituted a crime and criminal responsibility should be pursued. In this case, despite the small amount of prohibited food additives added by the defendant, there were no serious consequences. But food producers must ensure food safety and avoid tragedies. At the same time, as consumers, we should keep our eyes open, be good at identifying hazardous foods, learn more about food safety related knowledge and relevant laws and regulations, dare to say "no" to food hazardous behaviors, and jointly create a good food safety environment.

7、 Cases of Liu Xiqiang and others producing and selling counterfeit (sesame oil) products and bribing non-state workers

（1） Basic facts of the case

In 2006, the defendants Liu Xiqiang and Guo Xiubo jointly invested to establish Harbin Xiqiang Seasoning Co., Ltd. In order to reduce production costs and seek illegal interests, the two people purchased sesame oil essence and crude cottonseed oil from the defendant Xue Xianmin, and instructed the defendant Tang Changyou and others to mix sesame oil essence, crude cottonseed oil and salad oil into fake sesame oil, or mixed fake sesame oil into sesame oil in a certain proportion, and sold after filling and packaging, with a sales amount of more than 10 million yuan. In August 2012, Liu Xiqiang mixed purchased maltose syrup into honey to make fake and inferior honey for sale, with a sales amount of over 200000 yuan. Liu Xiqiang, in order to sell fake and inferior sesame oil produced by Tian Shou Company's Second Factory and Tian Shou Company's Dumpling Factory, instructed others to bribe Cao Yan, a purchaser of Tian Shou Company's Second Factory, and Yu Guang, the director of Tian Shou Company's Dumpling Factory (to be dealt with separately) for more than 40000 yuan according to the sales quantity,

（2） Judgment results

The first instance judgment of the Intermediate People's Court of Suihua City found that the defendant Liu Xiqiang was guilty of the crime of producing and selling counterfeit and inferior products, and was sentenced to fifteen years in prison with a fine of RMB 6 million. The defendant was also convicted of bribery against non-state personnel, and was sentenced to two years in prison. The defendant was sentenced to sixteen years in prison with a fine of RMB 6 million; The defendant Xue Xianmin committed the crime of producing counterfeit and inferior products and was sentenced to eight years in prison, with a fine of 500000 yuan; The defendants Tang Changyou and Guo Xiubo were sentenced to criminal penalties for the crime of producing fake and inferior products and the crime of selling fake and inferior products. After the verdict was pronounced, Liu Xiqiang and Xue Xianmin appealed. After trial, the Higher People's Court of Heilongjiang Province ruled to dismiss the appeal and uphold the original judgment.

（3） Typical significance

This case is a typical criminal case of producing and selling counterfeit and inferior products. The four defendants, in order to seek illegal benefits, mixed and adulterated the production of sesame oil and honey, using substandard and fake products as genuine ones, and sold them. The amount involved in the case was huge, seriously infringing on the national supervision and management system for product quality and the legitimate rights and interests of consumers. Liu Xiqiang bribed non-state workers in order to gain a competitive advantage, which also violated the normal business activities and fair competition order of the enterprise. The occurrence of such criminal acts seriously infringes on the quality and integrity of enterprise products, which is detrimental to the evaluation of the economic and social development environment, and must be severely punished in accordance with the law.

8、 A case of producing and selling food that does not meet safety standards

（1） Basic facts of the case

Starting from January 2012, the defendant Tu Mou opened the "Jiawu Haier Fast Food" at the intersection of Gulebag Township, Zepu Town, Zepu County without completing relevant procedures, engaged in the sales of boiled (roasted) chicken. On July 25th, the 15 raw chickens stored in the refrigerator went bad (rotten). The defendant violated the national food hygiene management regulations and knowingly cooked (marinated) (roasted) the 15 spoiled raw chicken and other chicken in the refrigerator before selling them to customers. From the morning of July 25th to 18:00 on July 26th, 53 customers purchased 57 spoiled roasted chickens, causing 193 people including Gu to be poisoned after consumption, and resulting in the poisoning and death of two people, Gu and Ah.

After forensic examination and identification of the body, it is believed that the deceased Gu and A experienced systemic poisoning symptoms due to consuming food contaminated with Salmonella typhi (chicken) during their lifetime. Eventually, they suffered from water and electrolyte disorders, acute respiratory failure, and died after ineffective rescue efforts. After inspection and testing by the Kashgar Regional Center for Disease Control and Prevention, it was found that both the defendant Tuo and the victim, including Tuo and Ai, had Salmonella typhi in their bodies.

（2） Judgment results

The People's Court of Zepu County believes that the defendant, Tu Mou, disregarded national laws and social morality and knowingly cooked (braised) (grilled) spoiled chicken that did not meet hygiene standards before selling it. As a result, two people died of severe food poisoning and 193 people were poisoned to varying degrees, resulting in a food safety incident with particularly serious consequences and a serious violation of citizens' personal rights. His behavior constitutes production The crime of selling food that does not meet safety standards should be severely punished in accordance with the law. However, the defendant and the plaintiff in the incidental civil litigation have reached a civil compensation mediation agreement, obtained the understanding of the victim, and have shown profound repentance. Therefore, on the basis of considering these aspects, the defendant can be appropriately given a lighter punishment within the legal penalty range. The criminal facts and charges charged by the public prosecution organs can be established, and this court supports them in accordance with the law, and can adopt the sentencing suggestions of the public prosecution organs. The court ruled in accordance with the law that the defendant committed the crime of producing and selling food that does not meet safety standards, and was sentenced to 11 years in prison, with a fine of 10000 yuan and deprivation of political rights for 2 years. The judgment has taken legal effect.

（3） Typical significance

Food is the top priority for the people. Food and drug safety is related to the physical health and life safety of the people, as well as economic development and social harmony. In recent years, some major and malignant food safety incidents in China have been continuous, with a series of cases including clenbuterol, toxic milk powder, toxic bean sprouts, gutter oil, problematic capsules, and sick and dead pork appearing one after another, indicating that the current food safety situation in society is not optimistic. Faced with this situation, the people's court has always made efforts to fulfill its functions and protect the safety of people's lives and property in accordance with the law. It has played a heavy role in criminal activities related to food and drug safety, resolutely cracked down on the arrogance of illegal elements, enhanced the sense of responsibility for ensuring people's livelihoods, demonstrated the deterrent and deterrent power of socialist justice, and promoted social integrity.

9、 Case of Sangmou Producing and Selling Fake and Inferior Products

（1） Basic facts of the case

In late November 2007, the defendant Xu successively purchased the oil sunflower seeds claimed to be "303" from Lu Yanhua, a staff member of Jifeng Company in Changji City. In the spring of 2008, Xu (who had been sentenced to 11 years in prison for selling fake and inferior seeds) sold the oil sunflower seeds in Jiete Agashi Village, Kuostek Township, Burjin County. The village villagers and 21 neighboring villagers, including Gao, purchased 1683 kilograms of oil sunflower seeds claimed to be "303" from Xu through direct or transfer. 21 victims planted a total of 2630 acres of oil sunflowers and paid a seed fee of 99885 yuan. During the growth period of oil sunflowers, Gao and other affected farmers found that the phenomenon of oil sunflower branching was very serious, so they jointly applied to the Burqin County Seed Station to identify the oil sunflower seeds they planted. On September 6, 2008, after expert appraisal, it was determined that the oil sunflower seeds planted by the affected farmers were fake seeds. On September 25, 2008, the affected farmers applied for expert field assessment and appraisal. After expert appraisal, the oil sunflower yield planted by the affected farmers, such as Gao, lost 337000 kilograms, with a total value of RMB 1213200. On May 21, 2009, after being identified by the Xinjiang Agriculture and Forestry Judicial Appraisal Institute, the production of oil sunflowers planted by the affected farmers such as Gao lost 339700 kilograms, with a unit price of 3.10 yuan and a total value of 1053070 yuan. Among them, the defendant Sang (Xu's wife) jointly sold 445 kilograms of counterfeit 303 sunflower seeds with Xu in this case, with a sales amount of 25070 yuan. The victim's farmers suffered economic losses of 344437.35 yuan due to crop failure and reduction.

It was also found that 19 plaintiffs in the incidental civil litigation have received compensation of 516000 yuan, of which the defendant Xu compensated 100000 yuan and the criminal Xu compensated 16000 yuan.

（2） Judgment results

The first instance judgment of the People's Court of Burqin County and the second instance judgment of the Intermediate People's Court of Altay District believe that the defendant Xu and the criminal Xu jointly sold counterfeit "303" oil sunflower seeds without labels, causing the victim farmers to suffer a particularly significant economic loss of 1044700 yuan due to reduced production, seriously damaging the national supervision and management system for seed quality, and their behavior directly harmed agricultural production, which has constituted the crime of selling fake and inferior seeds. The prosecution charges the defendant Xu with clear criminal facts and sufficient evidence, and the charges are supported by this court. In this case, the defendant Sang and Xu jointly sold counterfeit "303" sunflower seeds. The defendant Sang participated in the sale of counterfeit "303" sunflower seeds, resulting in a significant economic loss of 344437.35 yuan for the victim's farmers due to reduced production. His behavior has constituted the crime of selling fake and inferior seeds. The prosecution charges the defendant Sang with clear criminal facts and sufficient evidence, and the charges are supported by this court. The defendant, Xu, played a major role in the joint crime and was the principal offender, and should be punished according to all the crimes he participated in. The defense opinion that his defender is an accessory will not be accepted. The defendant, Xu, voluntarily surrendered to the public security organs before discovering the facts of his crime and truthfully confessed the facts of the crime, which is considered voluntary surrender and may be given a lighter punishment. The defense opinion that the defendant Xu surrendered himself was adopted by his defender. The defendant, Xu, has compensated the victim with a loss of 100000 yuan and has shown some remorse. He may be given a lighter punishment as appropriate. The defendant, Sang, played a secondary role in the crime of selling fake and inferior seeds and was an accessory, and should be given a lighter punishment. The defendant, Mr. Sang, voluntarily compensated the victim for some economic losses and showed some repentance. He may be given a lighter punishment as appropriate. According to the criminal facts, nature, and circumstances of the defendant Sang in this case, the application of probation will no longer harm society, and can be applied to him. Based on this, the court ruled in accordance with the law that the defendant Xu committed the crime of selling fake and inferior seeds and was sentenced to seven years in prison, with a fine of 98885.00 yuan. The defendant, Sang, committed the crime of selling fake and inferior seeds and was sentenced to three years' imprisonment, four years' probation, and a fine of 25070 yuan. The counterfeit "303" oil sunflower seed seal sample will be confiscated. After the judgment came into effect, the defendant Xu compensated the plaintiff in the incidental civil litigation, such as Gao, for a loss of 489640 yuan, and assumed joint and several liability for compensation. After the judgment came into effect, the defendant Sang assumed joint and several liability for the compensation of the plaintiff Gao and other oil sunflowers for the above-mentioned incidental civil litigation by the criminal Xu. After the judgment came into effect, the defendants Xu and Sang bore joint and several liability for the criminal Xu's compensation for the incidental civil litigation, including 19 plaintiffs Gao, who incurred appraisal fees of 5000 yuan, litigation fees of 7787.40 yuan, and transportation fees of 3000 yuan.

（3） Typical significance

The quality of agricultural seeds is closely related to the vital interests of farmers and the safety of agricultural grain production. The vicious criminal behavior of a few lawless individuals selling counterfeit and inferior seeds in today's society has greatly harmed the enthusiasm of farmers for production, and even led to the destruction of farmers' families, with a negative impact. The people's court has always adhered to strict punishment in accordance with the law for such criminal acts, and will never tolerate or adopt a high-pressure posture towards those who commit such crimes, forming a deterrent effect. It aims to eliminate evil, protect the legitimate rights and interests of the people, and maintain a clean and upright legal environment.

10、 Yao Yangye's Case of Producing and Selling Toxic and Harmful Food

（1） Basic facts of the case

Since June 2013, the defendant Yao Yangye has opened an illegal processing site for pig skin and squid at No. 9 Xiwangpo Village, Yuanwu Village Committee, Xinwei Town, Lingshan County. The defendant Yao Yangye purchased pig skin and squid from the market as production raw materials, and then hired workers Tan Xuemei and Liang Simeng to soak them in non food raw material hydrogen peroxide (commonly known as hydrogen peroxide) during the processing of pig skin and squid. After the processing is completed, the defendant Yao Yangye then sold the pig skin and squid to customers. On the morning of October 15, 2014, law enforcement officers from the Lingshan County Food and Drug Administration investigated and dealt with the illegal processing site of pig skin and squid. Law enforcement officers seized 147 kilograms of dried squid from the scene; 126 kilograms of semi-finished pig skin; 41 kilograms of finished pig skin; 22.5 kilograms of a suspicious solution of hydrogen peroxide H2O2/27.5% in a barrel; 27 kilograms of a suspected solution of 35% edible disinfectant (hydrogen peroxide) in a bucket. After sampling the suspicious solution collected and sending it to the Inspection and Quarantine Technology Center of Guangxi Entry-Exit Inspection and Quarantine Bureau for inspection, the hydrogen peroxide content detected was 34.5% and 44.2%, respectively (detection basis: GB/T23499-2009).

On October 17, 2014, the Lingshan County Food and Drug Administration transferred the case to the Lingshan County Public Security Bureau for processing. After the public security organs filed the case for investigation, they notified the defendant Yao Yangye by phone to the designated location for investigation on October 23, 2014. The defendant Yao Yangye arrived on time and truthfully confessed the main criminal facts of producing and selling toxic and harmful food upon arrival. On the same day, the defendant Yao Yangye was criminally detained by the Lingshan County Public Security Bureau.

It was also found that the defendant Yao Yangye did not obtain a food production license for the pig skin and squid processing points he operated. The defendant Yao Yangye purchased hydrogen peroxide used for soaking pig skin and squid from Yulin Branch of Nanning Dacheng Chemical Co., Ltd.

（2） Judgment results

After trial, the People's Court of Lingshan County, Qinzhou City, Guangxi Zhuang Autonomous Region found that the defendant Yao Yangye, for profit, mixed toxic and harmful non food raw materials into the production and sale of food for a long period of time. The defendant's behavior has violated Article 144 of the Criminal Law of the People's Republic of China and constitutes the crime of producing and selling toxic and harmful food. The prosecution charges that the defendant Yao Yangye should be held criminally responsible for the crime of producing and selling toxic and harmful food. The defendant Yao Yangye, whose criminal behavior has been discovered by the public security organs but has not yet been subjected to compulsory measures, shall be deemed to have voluntarily surrendered to the investigation at the designated location at the time specified by the public security organs. After arriving at the case and even during the trial, he truthfully confessed to the main criminal facts of producing and selling toxic and harmful food, which is considered voluntary surrender. According to law, the defendant Yao Yangye may be given a lighter or mitigated punishment.

Regarding the defendant Yao Yangye and his defenders' belief that the defendant Yao Yangye committed a minor crime and had stopped production at the time of seizure, it is considered a suspension of the crime. It is recommended that the court apply the opinion of exemption from criminal punishment to the defendant Yao Yangye. After investigation, the defendant Yao Yangye began to engage in food processing in June 2013, and it has been more than a year since the incident, lasting for a long time. The sales target is an unspecified majority of people. The defendant Yao Yangye's failure to produce on the day of his arrest cannot constitute a suspension of the crime. Therefore, the above opinions of the defendant Yao Yangye and his defenders will not be accepted by this court. Based on the criminal facts, nature, circumstances, and degree of harm to society of the defendant Yao Yangye, and taking into account the specific circumstances of this case, this court has decided to impose a lenient punishment on the defendant Yao Yangye and apply a probation, but during the probation period, he is prohibited from engaging in food production. According to the law, the defendant Yao Yangye was sentenced to two years in prison, suspended for three years, and fined RMB 30000 for the crime of producing and selling toxic and harmful food; The defendant Yao Yangye is prohibited from engaging in food production during the probation period. After the verdict was pronounced, the defendant Yao Yangye did not appeal, and the prosecutor did not protest. The judgment has now taken legal effect.

（3） Typical significance

The issue of food safety is the most concerning concern of the people. Squid and pig skin are the most commonly consumed foods by the people. The substandard use of these commonly used foods can easily cause significant mental harm and pain to individuals and families, and can easily trigger panic in society, posing great harm. They are also the focus of strict punishment. In this case, the defendant Yao Yangye did not cause personal injury to the food produced and there was no large-scale outbreak, so he can be given a lighter punishment. He surrendered himself, and the court made the above judgment accordingly.

11、 Ma Xiulong's production and sales of toxic and harmful food cases

（1） Basic facts of the case

Starting from August 2012, the defendant Ma Xiulong purchased waste solid butter from Baise City and Binyang County in Guangxi and sold it to Chongqing Bangming Food Co., Ltd. In order to further refine and increase the selling price, on March 2013, the defendant Ma Xiulong entrusted Guangxi Molaoye Food Co., Ltd. to process and extract butter. In mid April of the same year, Ma Xiulong hired a car to transport 150 tons of butter to the factory of Guangxi Molaoye Food Co., Ltd. for processing. On May 24, 2013, police officers seized 57.9 tons of butter from the warehouse rented by Ma Xiulong and approximately 126 tons of butter from the factory of Guangxi Molaoye Food Co., Ltd. After inspection, the discovered butter does not comply with the "Hygienic Standards for Edible Animal Fats".

（2） Judgment results

After trial, the People's Court of Xixiangtang District, Nanning City found that the defendant Ma Xiulong's use of non food raw materials to produce, process, and sell food constitutes the crime of producing and selling toxic and harmful food. However, Ma Xiulong was punished by the public security organs for not completing the processing of food using non food raw materials, which is an attempted crime. He can be given a lighter or mitigated punishment compared to the accomplished offender. After Ma Xiulong is brought to justice, he truthfully confesses his crimes and can be given a lighter punishment. According to the relevant provisions of the Criminal Law, the defendant Ma Xiulong was sentenced to two years in prison and a fine of RMB 50000 for the crime of producing and selling toxic and harmful food.

（3） Typical significance

The crime of producing and selling toxic and harmful food has strict regulations on criminal behavior, and in the context of the implementation of the "strictest food safety law in history", criminal behavior is still repeatedly prohibited. In addition to the mentality of criminals seeking exorbitant profits and opportunism, it is also related to the relatively light punishment of China's food safety regulatory system. This case sentenced the defendant Ma Xiulong to two years in prison and a fine of RMB 50000, demonstrating the determination of China's judicial authorities to crack down on and contain all forms of harm to people's safety in accordance with the law.

12、 Case of Qiu producing and selling toxic and harmful food

（1） Basic facts of the case

Since October 2014, the defendant Qiu has been operating the "Xiaomei" bakery in the 7th storefront of Building 3, Zhaoping Comprehensive Market, Zhaoping County. On June 25, 2015, Zhaoping County Food and Drug Administration conducted a spot check on the bread and Mantou produced and sold by the store. On July 2 of the same year, the staff of Zhaoping County Food and Drug Administration clearly informed Qiu of the identification conclusion of aluminum in bread and Mantou (signed by Qiu's mother, Wu Guiqun), and delivered the Announcement of Five Departments including the National Health and Family Planning Commission on Adjusting the Regulations on the Use of Aluminum containing Food Additives (No. 8 in 2014) (signed by Qiu's mother). On July 3, 2015, Qiu continued to use aluminum containing food additive "bubble baking powder" to produce steamed buns after knowing the reason, violating the regulations of the National Health and Family Planning Commission and other five departments that "aluminum containing food additives are not allowed in the production of puffed food, and aluminum potassium sulfate is not allowed in the production of wheat flour and its products", which is harmful to the health of consumers.

（2） Judgment results

The People's Court of Zhaoping County, Hezhou City, Guangxi believes that the defendant Qiu, who mixed toxic and harmful non food raw materials into the food produced and sold, has violated the provisions of Article 144 of the Criminal Law of the People's Republic of China and constitutes the crime of producing and selling toxic and harmful food. The prosecution charged the defendant with the crime of producing and selling toxic and harmful food. The defendant Qiu argued that his actions did not constitute a crime and lacked evidence, which is not accepted by this court. In order to combat criminal offenses and maintain social order, based on the defendant's criminal facts, nature, circumstances, and degree of harm to society, in accordance with Article 144, Article 52, Article 53 of the Criminal Law of the People's Republic of China and Article 9, Paragraph 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Food Safety Hazards According to the provisions of Article 20 (3), the defendant Qiu commits the crime of producing and selling toxic and harmful food, and is sentenced to eight months' imprisonment and a fine of RMB 5000.

（3） Typical significance

For a long time, "baking powder" has been a necessary food additive in the production of bread, and it is widely used. The Announcement of the National Health and Family Planning Commission and other five departments on Adjusting the Regulations on the Use of Aluminum Containing Food Additives stipulates that from July 1, 2014, "Aluminum containing food additives shall not be used in the production of puffed food, and aluminum potassium sulfate shall not be used in the production of wheat flour and its products. Baking powder "is a food additive containing aluminum. The state prohibits the use of "baking powder" to produce steamed buns. If it continues to be used, it is a criminal act and must be severely punished.

13、 Case of Zhang Yixiang, Zhang Qingyu, and Nong Xiuqin producing and selling toxic and harmful food

（1） Basic facts of the case

Since November 2012, the defendants Zhang Yixiang, Zhang Qingyu, and Nong Xiuqin have used hydrogen peroxide (commonly known as "hydrogen peroxide") to process beef louvers, tripe, and other foods in their self built houses on the left side of No. 145 Jinghua Road East, Yinhai Avenue, Liangqing District, Nanning City. After processing, the defendants Zhang Yixiang will sell them to Liuzhou, Hezhou, Guangxi, and Guizhou Province. On May 15, 2013, public security personnel seized 1074.4 kilograms of white finished beef yellow throat, 334 kilograms of white semi-finished beef yellow throat, 243.1 kilograms of white semi-finished beef louvers, 215.1 kilograms of white finished beef louvers, 583 kilograms of white finished beef tripe, 321 kilograms of white semi-finished beef tripe, 218.7 kilograms of black finished beef tripe, 206.4 kilograms of black semi-finished beef tripe, and 150 kilograms of raw beef tripe from Zhang Yixiang's processing site 20 kilograms of industrial caustic soda and two accounting books and other items. The Guangxi Institute of Product Quality Supervision and Inspection conducted a hydrogen peroxide content analysis on the food and processing materials extracted from the defendant Zhang Yixiang's processing site. Among them, the beef louver soaking water numbered G13-002652 and the beef yellow throat soaking water numbered G13-002654 did not meet the requirements of GB2760-2011, and hydrogen peroxide was detected from the unknown liquid numbered G13-002744.

（2） Judgment results

The People's Court of Liangqing District, Nanning City, Guangxi Zhuang Autonomous Region held that the defendants Zhang Yixiang, Zhang Qingyu, and Nong Xiuqin mixed toxic and harmful non food raw materials in the food produced and sold, and their actions constituted the crime of producing and selling toxic and harmful food. Sentenced the defendant Zhang Yixiang to nine months in prison and a fine of RMB 5000; Sentence the defendant Zhang Qingyu to eight months' imprisonment and a fine of RMB 5000; The defendant, Nong Xiuqin, was sentenced to eight months in prison and fined RMB 3000. On January 9, 2014, the court made a judgment on this case in court, and the judgment has now come into effect.

（3） Typical significance

Hydrogen peroxide, also known as hydrogen peroxide, is a chemical and one of the prohibited food additives. After soaking food in hydrogen peroxide, the original nutritional components are destroyed. Eating these foods is harmful to the human body, can damage the gastric mucosa, and even cause cancer. The defendant used industrial hydrogen peroxide (commonly known as "hydrogen peroxide") and sodium hydroxide (commonly known as "caustic soda"), which are harmful to the human body and have a strong pungent odor, to soak and process food such as beef louvers, tripe, and yellow throat, and sold them to supermarkets, restaurants, and barbecue and night snack stalls in various cities and counties in Guangxi region. After a public trial, based on the facts identified in the case and the evidence cross-examined, the defendant's behavior in the final case was found to constitute the crime of producing and selling toxic and harmful food, and was sentenced to fixed-term imprisonment and fined, effectively safeguarding and maintaining the food safety of the general public.

14、 Zhang Jiazhang sells food that does not meet safety standards

（1） Basic facts of the case

One day in 2011, the defendant Zhang Jiazhang, in order to seek profits, picked up a sow with an unknown cause of death on the way home from selling pork, and transported the damn pig to Shicong Square in Zhanghuang Town, Pubei County to sell to an unknown man, receiving a payment of 100 yuan.

At around 11:00 am on August 9, 2012, the defendant Zhang Jiazhang, in order to seek profits, picked up a small pig with an unknown cause of death under the Lingganghu intersection bridge in Longmen Town, Pubei County, and transported the dead pig to Zhanghuang Town, Pubei County for sale. During the transportation, the pig was arrested by the public security organs. After inspection by the Guangxi Animal Disease Prevention and Control Center, swine fever virus (Class I animal disease) and porcine reproductive and respiratory syndrome (blue ear disease) virus nucleic acid (Class II animal disease) were detected from the seized dead pigs.

（2） Judgment results

After trial, the People's Court of Pubei County, Guangxi Zhuang Autonomous Region found that the defendant Zhang Jiazhang, in order to seek benefits, sold livestock animals with unknown causes of death, which violated Article 143 of the Criminal Law of the People's Republic of China and constituted the crime of selling food that did not meet safety standards. The charges charged by the prosecution authorities are established, and this court supports them. They should be held criminally responsible for the crime of selling food that does not meet safety standards. The defendant Zhang Jiazhang truthfully confessed his crime after being brought to justice, and may be given a lighter punishment in accordance with the law. According to relevant provisions of the Criminal Law, the defendant Zhang Jiazhang was sentenced to three months of detention and a fine of 2000 yuan for the crime of selling food that does not meet safety standards. Zhang Jiazhang accepted the verdict of the first instance.

（3） Typical significance

This case has occurred occasionally in rural areas, especially in economically underdeveloped areas. The occurrence of this case reflects the mentality of some people due to low income, greed for small bargains, disregard for food safety, weak legal awareness, low self-management level, improper handling methods for food that does not meet safety standards, and insufficient understanding of the social harm of illegal sales of food that does not meet safety standards. The legal trial of this case is of great significance for improving citizens' awareness of food safety, compliance with laws and regulations, and operating in accordance with the law.