The Supreme People's court and the Supreme People's Procuratorate held a press conference on December 31, 2021 and jointly issued the newly revised interpretation on Several Issues concerning the application of law in handling criminal cases endangering food safety. The interpretation has strengthened the protection of food safety for minors, the elderly and other groups, and "selling to minors" has become an aggravating circumstance. It has also made provisions on conviction and punishment for "pitching old health products".
It is not allowed to sell "fifty cents food" to minors
He Li, President of the first criminal division of the Supreme People's court, said that the interpretation stipulates a number of provisions for special protection of food safety for minors, the elderly and other groups. For example, articles 3 and 7 respectively take "main and auxiliary food specially for infants" and "those sold to minors and the elderly on primary and secondary school campuses, childcare institutions, elderly care institutions and surrounding areas" as aggravating circumstances, It reflects the special protection of the judiciary for the food safety of minors and the elderly.
An Ao, vice president of the first criminal division of the Supreme People's court, said that in view of the weak links in the food safety protection of "one old and one small" in judicial practice, the interpretation has made clear provisions on protecting the food safety of this group from many aspects: if the nutritional components of the main and auxiliary foods for infants and young children seriously do not meet the food safety standards, they shall be in accordance with the production Conviction and punishment for the crime of selling food that does not meet the safety standards; The production and sale of main and auxiliary foods for infants and young children that do not meet the food safety standards will be regarded as an aggravating circumstance for relevant crimes endangering food safety.
In addition, the surrounding areas of primary and secondary school campuses are usually the hardest hit areas with the proliferation of "Wumao food". These foods often add excessive food additives, and even contain substances harmful to health such as pathogenic microorganisms that seriously exceed the standard limit. Food safety incidents in schools, kindergartens and nursing homes still occur from time to time. In this regard, the interpretation clearly stipulates that those who sell food that does not meet food safety standards or toxic and harmful food to minors and the elderly on primary and secondary school campuses, kindergartens, elderly care institutions and surrounding areas shall be regarded as aggravating circumstances for relevant crimes endangering food safety.
Cut off the evil hand extended to the elderly
An AO said that in recent years, some unscrupulous businesses have seized the psychology of the elderly with health care needs, and fictitious health food has the magical effect of curing all diseases through various means such as "free physical examination", "health lectures", "expert free clinic" and "exaggerating the curative effect", so as to deceive the elderly to buy at a high price and make huge profits. Such "health care products pit old" cases occur frequently, the nature of the crime is bad, and the masses have a strong reaction.
The interpretation clearly stipulates that those who commit such crimes and comply with the provisions of the crime of fraud shall be convicted and punished in accordance with the crime of fraud. If the food sold is unqualified and constitutes a crime of producing and selling fake and shoddy products, it shall be convicted and punished according to the crime with a heavier punishment. These Provisions are conducive to cutting off the evil hand extended to the elderly and effectively protecting the property safety and health of the elderly.
(according to Xinhua News Agency)
(Xiamen Evening News)
