Mr. Zhang's seafood shop business is very good, one day after the sale he went to buy some shrimp from other families to prepare for dinner, the result came two people wearing testing suits to buy shrimp, although Mr. Zhang was not happy but still sold half of the purchase price, who knew that a few days after receiving a 11,000 yuan fine from the Municipal Supervision Bureau! If you buy and eat yourself, you will be punished, what is the reason!
Case review
Mr. Zhang, who runs a seafood restaurant in a corner of the city, learned the business from his parents since he was a child, and knows that integrity and quality are the cornerstones of business. After completing his studies, he decided to take over the family business and develop the seafood restaurant.
One day, Mr. Zhang's seafood shop was crowded with customers rushing to buy fresh shrimp. Seeing that the business was so prosperous, he secretly rejoiced in his heart. However, this joy did not last long. In the afternoon, Mr. Zhang's store was sold out, and he was very happy.
But Mr. Cheung also wanted to try today's shrimp, so he went to a nearby seafood shop to buy some Kei Wai shrimp. While he was picking shrimp, he bargained with the shopkeeper.
In the end, 6 catties of Jiwei shrimp were purchased at a price of 28 yuan per catty. After paying the money, he asked for the product inspection certificate, business license and other relevant documents, and planned to go home and study it carefully.
Back at the store, Mr. Zhang couldn't wait to start preparing the ingredients. However, before serving the pot, two people wearing test ** came to his shop to buy shrimp.
Although this is the shrimp that Mr. Zhang bought and ate by himself, he understands the way of customer first, so he picked out some fresh ones and weighed them 348 pounds were handed over to the other party. The price is still 28 yuan a catty, and there is no price increase.
But who knows, not long after, Mr. Zhang received the test report, learned that the shrimp he sold did not meet the requirements of the "List of Drugs and Other Compounds Prohibited in Food Animals", and also received a notice from the Market Supervision Bureau: he needed to pay a fine of 11,000 yuan! It's obviously a shrimp that I bought and eaten, why should I be punished?
Mr. Zhang felt very wronged, it was not the shrimp he sold, and the evidence was complete, and he had to be fined, in desperation, Mr. Zhang sued the Market Supervision Bureau in court, wanting to protect his legitimate rights and interests through legal channels.
Case analysis
In this case, the issue of whether Mr. Zhang should be punished has become the focus of controversy.
First of all, we need to clarify the relevant laws and regulations. Article 14 of the Regulations on the Administration of Small Food Workshops, Small Shops and Small Stalls in Henan Province stipulates:It is forbidden for small workshops, small shops and small stalls to use food additives in violation of national standards, use food additives beyond the shelf life, or add chemical substances other than food additives and other substances that may endanger human health.
Where these provisions are violated, the relevant departments are to confiscate the unlawful gains and impose a fine of between 10,000 and 100,000 RMB.
The market supervision department believes that Mr. Zhang did not make a clear judgment on the safety and qualification of the products when selling Jiwei shrimp, and failed to ensure whether the substances harmful to human health contained in the products were in compliance with the regulations, which was in accordance with the statutory circumstances of the regulations.
At the same time,Mr. ZhangBuy shrimpThe main body of the product safety inspection submitted by the seafood store is not the Jiwei shrimp it sells, and the inspection items are only partial, and the items stipulated by the state are not comprehensive, which belongs to his personal negligence and inferior products, and should be punished.
However, the court held that although Mr. Zhang did negligently fail to verify the safety of the product in a timely manner, he had removed the 3After 48 catties of Jiwei shrimp were sent for testing, the rest were for personal consumption, and did not be carried out twice, and did not cause actual damage to the physical safety of citizens, which is a type with significantly minor circumstances.
At the time of **, Mr. Zhang sold by purchasing **, and did not make a profit, and the amount of his penalty of 110 million yuan was too large and did not meet the basic principle of appropriate punishment.
In the end, the court revoked the administrative penalty of 11,000 yuan against Mr. Zhang.