Recently,Wang Hai, the anti-counterfeiter, disclosed that Gao Tingming, the former production director of Chubang, reported the oyster sauce produced by Guangdong Delicious Fresh Seasoning Food *** in his real name, oyster sauce only accounts for 16%。Chubang oyster sauce alone, the suspected illegal income will exceed 1 billion yuan. The company immediately issued a letter to clarify the picture, stating that "it is a false report that lacks factual basis".
Personally, if the company believes that the former executive's report is untrue, it should go to the police or initiate a defamation infringement lawsuit. A piece of clarification may not be sufficient.
If the report is true, how to penalize?
If the report is true, it does not constitute the crime of "producing and selling food that does not meet safety standards", because in order to constitute the crime, it needs to be sufficient to cause a serious food poisoning accident or other serious foodborne diseases, and will be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine.
According to the disclosure of the current report, if it is true, it may not be bad for consumers, but it can make a lot of profits, in this case, it may be fined between 10 and 20 times the value of the goods according to the "Food Safety Law" if the value of the goods is more than 10,000 yuan.
If the sales are 1 billion. It may be a fine of 20 billion. In addition, if the circumstances are serious, the license shall be revoked.
And this whistleblower, if the report is true, may receive a reward of up to 1 million yuan.
Because the State Administration for Market Regulation issued a reward for reporting internal whistleblowers in food production and operation enterprises in February (soliciting opinions), I personally understand that it is a good thing to implement the reward as soon as possible.
If the purchased product does not meet the food safety standards, the consumer can also demand compensation of ten times the price or three times the loss from the producer or operator in addition to the loss; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB.