Due to greed, the purchase of bulk "leached" rapeseed oil was sold at a high price as "pressed" rapeseed oil, and continued to produce and sell after being unqualified by the sampling solvent. The amount involved reached more than 170,000 yuan.
Recently, the Haining Municipal Procuratorate filed a public prosecution, and the court sentenced the defendant to 10 months in prison for the crime of producing and selling counterfeit and inferior products, and prohibited the defendant from engaging in food production, sales and related activities within three years from the date of execution of the penalty or the date of parole.
At the same time, the civil public interest litigation judgment that the defendant Haining Food Co., Ltd. withdrew from the compensation 50,000 yuan shall be disposed of by the Haining Municipal People’s Procuratorate according to law, and ordered to publicly apologize on the national media or platform within 5 days from the date of the judgment taking effect.
Guomou runs a food limited company in Haining, which mainly produces edible vegetable oils such as edible soybean oil and rapeseed oil. Guomou purchases bulk "leaching" rapeseed oil and labels the processing process as "pressing" and bottling for sale.
askWhat is it?What is the difference between "pressing" and "leaching"?
answer: "Pressing" rapeseed oil does not require adding chemicals, and the oil yield is low. "Leaching" rapeseed oil requires adding solvents, but the oil yield is higher. The amount of solvent residues in edible oil is too high, and long-term large intake will affect the nervous system and hematopoietic system of the human body. Therefore, the price of edible oil using the "pressing" process on the market is generally higher than that of edible oil using the "leaching" process.
2020On August 6, 2008, the Market Supervision Administration detected that the solvent residues of edible rapeseed oil in a company in China were unsatisfactory. The company claimed that the printing factory had misprinted the label without its knowledge.
After being suspended for rectification for a period of time, Guomou relapsed, locked the door and secretly produced, and continued to sell in Jiaxing, Yiwu, Zhejiang, and Huangshan, Anhui. As the actual operator of the company, Guomou,Using unqualified products as qualified products, the amount involved is more than 170,000 yuan.
The case was transferred to the procuratorate, and after a preliminary review, the prosecutor went to a certain enterprise in China for on-the-spot investigation, asking in detail about the production process, production standards, and product sales.
After the prosecutor’s review, the state knew that the purchased rapeseed oil was unqualified, but still filled and sold it, and pretended to be qualified products with unqualified products. The amount involved was more than 170,000 yuan. The facts were clear, the evidence was reliable and sufficient, and it should be investigated for criminal responsibility for the crime of producing and selling counterfeit and shoddy products. Because the state’s behavior infringed the legitimate rights and interests of unspecified consumers, the Haining Municipal Procuratorate also filed a civil public interest lawsuit.
This is the first case of criminal incidental civil public interest litigation involving food safety in Haining City, which fully reflects the strengthening of functional integration of the Haining City Procuratorate to improve the quality and efficiency of criminal incidental civil public interest litigation, so that public interest litigation prosecutors can see and touch the real things for the people.