Placing a batch of expired food on a supermarket shelf, does this count?
The issue of placing expired prepackaged food on supermarket shelves has always been a matter of great attention. According to the reply of the State Administration for Industry and Commerce, when the food is placed on the shelf, it can be considered that a contract has been provided, and the customer has agreed to the agreement. That is, if the supermarket puts those expired foods on the shelves, then they are ready to sell. So, putting expired food on the shelves is an illegal sale.
If supermarkets and stores use high technology to control the production date of the food, but still give consumers the expired food and issue invoices, it is in violation of the relevant provisions of the Food Safety Law of the People's Republic of China, that is, the production date, shelf life or products beyond the shelf life shall not be marked on the goods. In accordance with Article 224 of the Food Safety Law of the People's Republic of China, the parties concerned were dealt with.
However, if the supermarket uses high-tech methods to manage the production date of the food, when the food is about to expire, it cannot be settled, so that the possibility of expired food can be eliminated, and human negligence can also be prevented, therefore, in practice, it can be judged based on the specific facts of the case and in accordance with the relevant requirements of the Guiding Opinions of the State Administration for Market Regulation on Regulating the Discretion of Administrative Penalties for Market Supervision and Management.
How to deal with the problem of excessive pesticide residues in food.
Is it possible to conduct sampling inspections according to the Food Safety Law or the Measures of the Administration for the Quality and Safety of Edible Agricultural Products Market, and whether the test results meet the requirements of the Maximum Pesticide Residues in Food under the National Food Safety Standards?
In accordance with the requirements of Article 25, Paragraph 2 of the Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products Market, it is strictly forbidden to exceed the standard of agricultural products in the market. In addition, Article 50 of the Regulations also clearly states that if a business operator commits an illegal act, it will be punished in accordance with the relevant provisions of Article 224, Paragraph 1 of the Food Safety Law.
Does the nitrite content in pork exceed the prescribed range?
In the cooked food industry, is it illegal to add nitrite that does not exceed the standard in braised meat?
According to the reply of the State Food Administration, and in accordance with the announcement jointly issued by the Ministry of Health and the Food and Drug Administration, catering service units are strictly prohibited from purchasing, storing and using sodium nitrite (sodium nitrite, potassium nitrite) to ensure the quality of food. Therefore, hoteliers are not allowed to buy, store and use nitrite. If a restaurant operator is found to contain excessive levels in home-prepared food, he or she will be punished in accordance with Article 224, Paragraph 1, Paragraph 3 of the Food Safety Law.
* How to determine the illegal income from food.
On how to determine the illegal gains of illegal grain, and on the issue of expired bread, the competent authorities issued the following opinions:
One opinion is that the amount of illegal income should be the value of all the bread sold, that is, 30 loaves of bread multiplied by 3 dollars, which is 90 dollars.
It was also suggested that the amount of illicit income should be profit, i.e. the difference between the selling price and the cost of production, i.e. (3-2) times 30 = 30.
Another view was that, since it was not possible to confirm whether the 30 loaves of bread sold were sold within the expiration date, those that were beyond their shelf life and there was no record of their sale. Therefore, illicit benefits cannot be accounted for correctly.
In its reply, the State Administration for Industry and Commerce stated that for how to determine the amount involved in the case, it should refer to the "Opinions of the General Office of the State Administration for Market Regulation on the Calculation of the Value of Food Safety Administrative Punishment Cases". When determining the amount of infringing goods, it should be determined in light of the specific circumstances, and in light of the actual situation, in combination with the actual situation, and in light of the actual situation.
Brief summary. From the reply of the State Administration for Industry and Commerce, we can see:
1.Having expired food displayed on a supermarket shelf is a legal liability for violating the rules of expired food.
2.In accordance with the provisions of the Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products Market, the pesticide residues remaining in the food shall be inspected.
3.It is strictly forbidden to add nitrite in the restaurant, and once found, it will be dealt with in accordance with relevant regulations.
4.When determining illegal grain business operations, the amount involved in the case, the amount of commodities involved in the case, and so forth, should be taken into account in light of the actual situation.
The answers to the above questions define the nature of the acts, the applicable legal provisions and the possible penalties from the perspective of laws and regulations. Administrative penalties for violations of food safety shall be treated differently to ensure the fairness, rigor and application of the law.