Xu is a middle-aged man who runs a condiment shop, he is serious and dedicated, honest and responsible, although the scale of the store is not large, the profit is not high, but he never violates the law and discipline. In order to increase his income, he often buys agricultural and sideline food at low prices from farmers' markets and sells them to customers.
On this day, Xu bought 20 catties of bean sprouts from a vendor in the farmers' market as usual, for 8 cents a catty, and sold them to customers. However, when he was selling 17 catties of bean sprouts, the Market Supervision Bureau suddenly conducted a surprise inspection.
Xu was not panicked, after all, he had undergone various examinations over the years, and he thought that it was just a routine. He believes that there is no problem with the quality of his sprouts because he bought them from the farmer's market and there have never been large-scale problems.
However, the results of the sampling inspection by the AMR were unexpected. Bean sprouts contain a substance called sodium 4-chlorophenoxyacetate, which is a growth agent banned by the state and is a toxic substance.
Xu panicked when he saw the inspection report sent by the Municipal Supervision Bureau, and he quickly explained the situation to the staff, saying that he bought it from the farmers' market and did not know that it contained toxic substances. If he knew there was a problem, he wouldn't have sold it anyway. However, the staff of the Municipal Supervision Bureau did not listen to his explanation and still insisted on punishing him.
Xu felt angry and aggrieved, he felt that this was an injustice of the law and a pure bullying of honest people. He decided to defend his rights and interests through legal means.
As a result, Xu drafted a complaint and took the Municipal Supervision Bureau to court. He hoped that the court would accept his interpretation and revoke the MAS's punishment.
The court heard the case, and Xu stated his situation in detail to the judge, and provided proof of purchase and relevant evidence at the farmers' market. He stressed that he has been operating for many years and has always complied with laws and regulations, and it is impossible to deliberately sell toxic food.
After the trial, the court found that there was a problem with the punishment imposed by the AMR and ordered the AMR to take a new administrative act. The court recognized that Xu had bought the bean sprouts from a farmers' market and was unable to learn that the food contained toxic substances, and that he had not intentionally violated the regulations. Therefore, Xu does not need to bear the responsibility of the fine.
After the court pronounced the verdict, Xu breathed a sigh of relief. He was finally treated fairly, and he also kept his good reputation for many years of business.
Uncle Gao's point of view:
1.Xu is an honest businessman, and he has always abided by laws and regulations, and never violated laws and disciplines. He didn't know that the sprouts he bought contained toxic substances, and if he did, he would never sell them. Therefore, he should be seen as a victim and not as a lawbreaker.
2.The punishment imposed on Xu by the Market Supervision Bureau was too severe. Although the sprouts he sold contained toxic substances, he did not do it intentionally, and he did not make a huge profit from them. A fine of $100,000 was a huge financial burden for him and could cause his condiment shop to be unable to continue operating.
Aunt Qu's point of view:
1.As a businessman, Xu should be responsible for the products he sells. Whether it's cultivated himself or purchased from elsewhere, he should inspect and understand the product. For his behavior of selling the bean sprouts he purchased without inspecting them, the SAR's punishment was reasonable.
2.Although Xu claimed that he did not know that the sprouts contained toxic substances, this did not completely absolve him of responsibility. As a store owner, he should be responsible for the quality of the products he sells. He should be more cautious to ensure that the goods he sells meet legal standards. The punishment of the AMR is a warning and education for his mismanagement.
As a lawyer, based on this story, I would like to provide some advice and legal advice to Xu. In similar circumstances, Xu can appeal and defend his rights through the following legal provisions:
1.Article 56 of the Food Safety Law stipulates that the food sold by operators shall comply with the relevant national food safety regulations and shall not contain prohibited substances. If the operator can prove that the food sold complies with laws and regulations, the parties can protect their rights and interests by providing proof of purchase, sales records and other evidence to prove their legal behavior.
2.Article 22 of the Administrative Litigation Law stipulates that if a party is dissatisfied with an administrative penalty decision, it may file an administrative lawsuit with the people's court within 30 days from the date of receipt of the administrative penalty decision. Xu can protect his legitimate rights and interests through litigation.
To sum up, the problem Xu faced was mainly because the bean sprouts he sold contained growth agents prohibited by the state. Although he purchased the food legally from the farmers' market and had no sense of fault, the AMA still punished him. After the court trial, it was found that Xu did not know and was not suspected of intentionally violating the law, so the punishment of the Market Supervision Bureau was revoked. It is recommended that operators should strictly abide by relevant laws and regulations in the process of operation, strengthen the audit and control of first-class merchants and products, and ensure the food safety compliance of sales to avoid similar situations.