Brief facts of the case. Since 2022, after Sun Moumou purchased health care products from others who were unqualified and failed to provide legal and valid proof of origin, he set up stalls on the street to sell them in Longhe Town, Xinhua Town, Liupanshui City, Liuzhi Special Economic Zone, and Machang Town, Puding County, Anshun City, until June 7, 2023, when he was seized by the market supervision department on Longchang Street, Longhe Town, Liuzhi Special Economic Zone. The market supervision department seized and seized 9 bottles of wild Cordyceps King, 9 bottles of **maca and other health care products from the stall he set up. The wild Cordyceps King and **Maca sold by it were tested by the Guizhou Provincial Testing Technology Research and Application Center and detected sildenafil, which is an illegally added substance listed in the "List of Substances Likely to Be Illegally Added in Health Foods (First Batch)".
Verdict
On November 2, 2023, the People's Procuratorate of Liuzhi Special Administrative Region of Liupanshui City prosecuted Sun Moumou for the crime of selling toxic and harmful food in accordance with the law. On November 13 of the same year, the People's Court of Liuzhi Special Administrative Region heard the caseSun Moumou was sentenced to one year in prison, suspended for two years, and fined 2,000 yuan for the crime of selling toxic and harmful food.
Links to legal provisions
Article 144 of the Criminal Law[Crime of Producing or Selling Toxic or Harmful Food] Whoever adulterates toxic or harmful non-food raw materials into the food produced or sold, or sells food that is clearly known to be adulterated with toxic or harmful non-food raw materials, is sentenced to up to five years imprisonment and a concurrent fine; where serious harm is caused to human health or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; Where death is caused or there are other especially serious circumstances, punishment is to be given in accordance with article 141 of this Law.
Tell the story by case
The people take food as the sky, and food as the first! It is not uncommon for the so-called "health care products" to be sold on the street in the form of small vendors, and most of the people involved in such cases do not have a high level of knowledge and a weak sense of law, and they ignore the safety of the masses in order to make small profits. In this case, Sun Moumou repeatedly took the opportunity to sell so-called health products containing sildenafil, and his behavior constituted the crime of selling toxic and harmful food, and was sentenced by the court in accordance with the law. Here's a reminder that a small vendor similar to Sun Moumou in this case prohibits the sale of unknown three-no products, and consumers should also choose health care products rationally, follow the doctor's instructions and purchase them through proper channels to ensure that they can buy and eat with peace of mind.
*: Qianwei Pufa, Deputy Procurator General Huang Rong, Liuzhi Special Administrative Region People's Procuratorate.
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