--- on livestock.
Although the act of injecting water or other substances is not sufficient to cause serious food poisoning accidents or other serious foodborne diseases, it meets the requirements of Article 140 of the Criminal Law, and may be convicted and punished for the crime of producing or selling counterfeit and shoddy products.
Basic facts of the case: From mid-to-late January 2018 to October 2018, a certain Hui and Sun Moujin were hired by Yin Mouquan (handled in a separate case) to purchase live cattle from Xiao County, Anhui Province and the surrounding areas, and then Huang Mouhuan and Zhu Moulong (both handled in separate cases) drove and transported them to the rental yard of Wu Mouli in a certain village, and Sun Moujin injected water into the live cattle by inserting a water pipe into the mouth of the cow, and then sent the live cattle after water injection to the slaughtering workshop fully contracted by Yin Mou, an ecological food company, and was managed and slaughtered by a certain Hui on site. The divided buffalo beef was then sold to Shan Moujun (sentenced) and others, and sold in multiple farmers' markets in Xuzhou City. After investigation, the amount of production and sales of buffalo meat by a certain Hui and Sun Moujin was more than 1,000 yuan.
Judge's Opinion:1The 2001 Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Production and Sale of Counterfeit and Shoddy Commodities clarified the meanings of "adulteration and adulteration", "passing off fake as genuine", "sub-sufficient" and "substandard products". It stipulates that "shoddy" refers to the behavior of passing off low-grade and low-grade products as high-grade and high-grade products, or passing off as ** or new products after combining and assembling defective or waste spare parts.
2.Specifically, in this case, the Regulations on the Administration of Pig Slaughtering stipulate that designated pig slaughterhouses (farms) and any other units and individuals shall not inject water or other substances into pigs or pig products. Similarly, live cattle that are also animal products are obviously not allowed to be injected with water or other substances. A certain Hui and others forcibly injected water into live cattle, which will inevitably cause changes in the quality and characteristics of beef, as well as a decrease in eating taste and safety. The determination that the buffalo meat involved in the case was a low-grade and low-grade product, and that it was passed off as a high-grade or high-grade product was in line with the general perception of the public.
3.The conduct of a certain Hui et al. as shoddy is clear and unambiguous, and does not belong to the situation where it is difficult to determine "shoddy" in the interpretation provisions, and does not need to entrust the relevant inspection department to appraise. In order to obtain illegal benefits, a certain Hui et al. produced and sold "buffalo meat" for no reason, increased consumer expenditure, threatened consumers' health, harmed consumers' interests, and undermined the order of the market economy.
Key Points of Practice: Although the act of injecting water or other substances into livestock is not sufficient to cause serious food poisoning accidents or other serious foodborne diseases, it meets the provisions of Article 140 of the Criminal Law, and may be convicted and punished for the crime of producing and selling counterfeit and shoddy products.
Case index: See "Criminal Ruling of Xuzhou Intermediate People's Court of Jiangsu Province (2021) Su 03 Xingzhong No. 427 - Case of Production and Sale of Counterfeit and Shoddy Products by Xu Hui and Sun Moujin Zhang Jian, Intermediate People's Court of Xuzhou City, Jiangsu Province".
Monday, February 19, 2024] The 10th day of the first lunar month.