If a man goes to the vegetable market to resell the celery from Aunt Wang's house, and the quality of the celery does not meet the food safety standards stipulated by the state or locality, then he may face fines or other legal consequences, so why is he fined as much as 50,000 yuan?
Originally, China's food safety law stipulates the responsibilities of food business operators, including the obligation to ensure food safety and quality. If the food sold does not meet safety standards, it may be considered a violation. It was also the local market supervision bureau that conducted a random inspection of the vegetables sold in the supermarket, but found that the pesticide residues in the celery grown by Aunt Wang exceeded the standard, which did not meet the requirements of GB2763-2016 "National Food Safety Standard for Maximum Residue Limits of Pesticides in Food". According to Article 124 of the Food Safety Law, if the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other polluting substances and other substances endangering human health exceed the food safety standard limit, food and food additives, with a value of less than 10,000 yuan, the illegal income shall be confiscated and a fine of 5-100,000 yuan shall be imposed;
However, the specific amount and method of punishment should be determined in accordance with the relevant legal provisions and actual circumstances. If it is considered that the fine is unfair or erroneous, the party concerned can file a complaint or administrative reconsideration through legal channels. In practice, the regulatory authorities usually decide the amount of fines based on the specific circumstances of the case, and will not generalize.
Because Zhang was not familiar with the law, he really couldn't accept that the punishment was too heavy all at once, so he did not file a reconsideration and administrative lawsuit, and was fined 100,000 yuan for failing to pay the fine on time. The administrative organ applied for compulsory enforcement, and after deliberation, the court ruled to reject the application for "compulsory enforcement fine", which means that Zhang does not have to pay the fine.
The vice president of the court believes that "an administrative penalty must first convince the parties, so that the parties can be convinced that they should be punished for their crimes, and that he should accept this punishment, and at the same time he will find ways to correct them, and at the same time, he can educate more people that they feel that this matter cannot be done in the future." It can also make more parties psychologically have a sense of acceptance, which is the purpose of administrative punishment. ”
Experts interpret that the man's "small and heavy punishment" is that the supervisor did not take into account the relevant provisions of the Administrative Punishment Law, and the severity of the punishment depends on the specific provisions of the violation, the seriousness of the circumstances and whether it has caused actual harm, etc., which are not taken into account. This is the reason why the small fault is directly fined 50,000 yuan.
Finally, I am deeply aware that food safety is not only the responsibility of the regulatory authorities, but also the common responsibility of all sectors of society. Consumers should be vigilant and pay attention to the quality of food when buying; Operators should operate in good faith and ensure food safety; Regulatory departments should strengthen supervision and discover and deal with problems in a timely manner. Only by working together can we build a safe and secure food environment.
In short, this celery fine incident has brought me a lot of inspiration. I hope that such incidents can attract more people's attention, so that food safety will become the focus of common concern of the public, operators and regulatory authorities, and jointly maintain our "safety on the tip of the tongue".