The night was low and the wind was cold. A middle-aged man, named Zhang, stood in front of a steamed bun stall on the corner of the street, looking at the sun that was about to set. He frowned slightly, as if he had a premonition in his heart, as if something bad was about to happen.
Zhang, who is middle-aged, left his hometown with his wife to work hard in this prosperous city a few years ago. The couple relied on odd jobs and hard work to make ends meet. They huddled into cramped rental houses, leaving their homes early every morning and working tirelessly until dark. When he was young, Zhang was overworked, and now he feels physically exhausted even to do some heavy work. However, in order to survive, they can only barely hold on.
Finally, in despair, Zhang and his wife discussed and decided to open a steamed bun room. With little savings left, they used the only money in their hands to buy some flour, cooking oil and other raw materials, and reluctantly opened a small stall. Zhang and his wife are down-to-earth and easy-going, and the business of the steamed bun house quickly became popular. Every day before dawn, they go out early to prepare steamed buns. Even on a cold day, there are customers waiting in line to buy. The steamed buns they prepare in advance are often in short supply.
As business gets better and better, the couple also feels more and more hopeful. They worked harder and made every piece of steamed bread to perfection. Whenever he looked at the full income, Zhang's eyebrows showed a satisfied smile. He thought that his efforts had finally paid off.
And at this time, an event related to the fate of the steamed bread house business happened.
On this day, just after dawn, Zhang came to the steamed bun room early and started to be busy. He poured flour, mixed water, and mixed the dough, and then kneaded the mixed dough into steamed buns, and steamed them in a pot. The whole room is filled with the sweet smell of steamed buns, and the steaming steamed buns are finally out of the pot and placed at the door of the stall waiting for customers.
At this time, the meal was approaching, and there was an endless stream of people who came to buy steamed buns. Zhang and his wife greeted warmly at the door. "How about a few yuan of steamed buns today?"Boss, come here for two yuan steamed buns!.""Boss, come here for five yuan steamed buns!."The customers happily bought the fragrant steamed buns. There are fewer and fewer steamed buns in the cage drawer, and the sales volume has been greatly improved.
Zhang was ecstatic to watch the sales climb steadily, and his heart was full of longing for the future. He began to fantasize about ending his business early, so that he could close the stall early and go home with his wife and enjoy the fruits of his labor.
And just when he was intoxicated with his happiness, suddenly several staff members of the Municipal Supervision Bureau wearing ** came to his stall. Zhang was stunned when he saw them, and the smile on his face gradually retracted. A sense of foreboding suddenly rose in his heart, as if something bad was about to happen.
The law enforcement officer glanced at the few steamed buns left, and directly asked Zhang to pack the remaining steamed buns, telling him that he needed to take them back for sampling and testing. Although he didn't do anything wrong in his heart, in the face of law enforcement officers, Zhang couldn't help but feel a little fearful in his heart. He quickly packed the steamed buns and handed them to the staff, knowing that there should be no room for sloppiness in food safety.
Half a month later, the staff of the Municipal Supervision Bureau found Zhang and told him that the cyclamate content in the steamed buns sampled was 148g kg, which has exceeded the standard and violates food safety standards. According to the regulations, Zhang needs to pay a fine of 50,000 yuan.
This news made Zhang feel incredible, and he couldn't accept the result. While thinking, he said to himself, "I make steamed buns by myself every day, how can I exceed the standard?"This is definitely a mistake!”
As a result, Zhang panicked directly and couldn't accept this huge fine. He angrily filed for a hearing, hoping to clear his name. However, the outcome of the hearing made him disheartened and insisted on a fine of 50,000 yuan. Zhang was angry and decided to take the Market Supervision Bureau to the court and advocate for the revocation of the punishment.
The court ** hears the case, and both parties state their respective views. Zhang insisted that he had always been very strict with the production of steamed buns and would never dare to violate food safety standards without authorization. He pointed out that there may have been errors in the results of the AMR's tests. The Market Supervision Bureau insisted that the sampling results were genuine, and Zhang must bear the corresponding legal responsibility.
After a long debate and careful study, the court finally pronounced the verdict – upholding the original verdict. Zhang wanted to cry without tears, and the fine of 50,000 yuan was really astronomical for him. He couldn't bear so much financial pressure, and his originally hopeful life suddenly fell to the bottom.
Aunt Xu's point of view: 1Zhang was forced to operate a steamed bun house to make a living, and he and his wife worked hard for many years, and successfully opened a steamed bun house with their own efforts, bringing them hope and savings. He has been complying with food safety standards and cooperating with the inspection of the regulatory authorities, but he was later told that the cyclamate in the steamed bread exceeded the standard and faced a high fine, which is obviously unfair treatment. He deserves a fair trial and dealt with in accordance with the law.
Uncle Liang's point of view: 2Food safety standards are an important measure to protect consumers, and the supervision of food quality must be strengthened, which is also the responsibility of the AMR. Although Zhang opened a steamed bun shop in order to make a living, as a food operator, he must strictly abide by food safety standards and ensure that the food safety of the first class is safe. It is reasonable and legal for the regulatory authorities to punish him in accordance with the law, and he should not use his financial difficulties as an excuse to evade responsibility and fines. He should accept the punishment and improve the way he does business to avoid similar problems from happening again.
In terms of legal opinions, here are some suggestions for the legal aspects of this story:
1.Article 76 of the Food Safety Law stipulates that "the food sold by producers and operators shall comply with national health standards and food safety standards. ”
2.Article 99 of the Food Safety Law stipulates: "If a producer or operator violates the provisions of this Law by producing or selling food that does not meet the national health standards and food safety standards, the municipal and county-level people's food and drug supervision and administration departments shall order corrections, confiscate illegal gains, and may impose a fine of not less than one time but not more than five times the sales amount ......."where the circumstances are serious, they may be ordered to suspend operations for rectification or have their permits revoked. ”
3.According to the provisions of the law, the AMR has the right to conduct sampling testing on food and make corresponding treatment measures based on the test results.
4.Zhang can file an administrative lawsuit through legal channels, advocating the revocation of the decision of the Municipal Supervision Bureau to punish him.