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Simply violating food safety laws and regulations will not be sentenced, only the crime of undermining the order of the socialist market economy in accordance with Chapter III of the Criminal Law.
The constituent elements of the offence will be sentenced. (Attached to Chapter 3 of the Criminal Law, the Crimes of Undermining the Order of the Socialist Market Economy, Section 1 of the Crimes Involving Food Safety Issues, Crimes of Producing and Selling Counterfeit and Shoddy Goods.)
Article 140 Producers and sellers adulterate or adulterate their products, passing off fake products as genuine, shoddy products, or substandard products as qualified products.
where the sale amount is between 50,000 and 200,000 RMB, a sentence of up to two years imprisonment is to be given.
or short-term detention, concurrently or separately 50% but not more than 2 times the amount of the sale.
Fines are issued; where the sales amount is between 200,000 and 500,000 RMB, a sentence of two years is to be given.
The above shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be sentenced to between 50 and 2 percent of the sales amount.
Fines of lesser than doubles; Where the sales amount is between 500,000 and 2,000,000 RMB, it is to be punished.
fixed-term imprisonment of not less than seven years, and a concurrent sentence of not less than 50 percent but not more than two times the amount of sales.
Fines are issued; where the sales amount is more than 2 million yuan, a sentence of 15 years imprisonment is to be given.
shall be sentenced to life imprisonment and shall be fined not less than 50% but not more than two times the amount of the sale.
or confiscation of property.
Article 143 Whoever produces or sells food that does not meet health standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or shall be sentenced to 100 percent of the sales amount.
a fine of not less than 50 to 2 times; Causing serious harm to human health.
He shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be sentenced to 5 percent of the amount sold.
a fine of not less than 10 but not more than 2 times; where the consequences are especially serious, the sentence is to be 7 years or more.
Imprisonment or life imprisonment shall be imposed concurrently not less than 50% but not more than two times the amount of the sale.
Fines or confiscation of property.
Article 144: Poisonous, toxic and toxic foods are adulterated in the production and sale of food.
Harmful non-food raw materials, or the sale of non-food that is knowingly adulterated with toxic or harmful ingredients.
Whoever produces food with raw materials shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or
a fine of not less than 50% but not more than 2 times the sales amount shall be imposed; Cause severely.
Food poisoning accidents or other serious foodborne diseases that cause human health.
where the harm is serious, the sentence is between 5 and 10 years imprisonment and concurrent sales money.
a fine of not less than 50% but not more than 2 times; Causing death or harming human health.
Where health causes especially serious harm, follow the provisions of article 141 of this Law. Punish.
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Violating food safety laws does not necessarily result in a prison sentence. Depending on the circumstances of the violation, a fine, suspension of business or other penalties may be imposed, and if the offense is serious, it may be sentenced to a criminal offense. In accordance with the principle of legality of criminal crimes, only clearly defined acts may be subject to criminal penalties.
You can refer to the provisions of China's Criminal Law and Food Safety Law on food safety crimes, which are not very many. Because I don't know how illegal your actions are, you can't jump to conclusions. Hehe.
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Violations of food safety laws may constitute the crime of producing and selling food that does not meet safety standards. Whoever produces or sells food that does not meet food safety standards is sufficient to cause serious food poisoning accidents or other serious foodborne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined.
[Legal basis].Article 143 of the Criminal Law of the People's Republic of China.
Whoever produces or sells food that does not meet food safety standards is sufficient to cause serious food poisoning accidents or other serious foodborne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined. where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
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Whoever adulterates toxic or harmful non-food raw materials into food produced or sold, or sells food that is clearly adulterated with toxic or harmful non-food raw materials, shall be sentenced to up to five years imprisonment and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; Where death is caused or there are other especially serious circumstances, punishment is to be given in accordance with article 141 of this Law.
[Legal basis].Criminal Law of the People's Republic of China
Article 144: Whoever adulterates food produced or sold with toxic or harmful non-food raw materials, or sells food that is knowingly adulterated with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; Where death is caused or there are other especially serious circumstances, punishment is to be given in accordance with article 141 of this Law.
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Violations of food safety laws can constitute crimes. If the food produced or sold is adulterated with toxic or harmful non-food raw materials, or if the food is knowingly adulterated with toxic or harmful non-food raw materials, it is a violation of the Food Safety Law and will constitute the crime of producing or selling toxic or harmful food.
Legal basis] Article 144 of the Criminal Law.
Whoever adulterates toxic or harmful non-food raw materials into food produced or sold, or sells food that is clearly adulterated with toxic or harmful non-food raw materials, shall be sentenced to up to five years imprisonment and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; Where death is caused or there are other especially serious circumstances, punishment is to be given in accordance with article 141 of this Law.
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Violation of the Food Safety Act constitutes a crime. Violating the Food Safety Law, adding or decreasing food ingredients without permission, or confusing the real with the fake is suspected of endangering public safety by manufacturing fake food.
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For serious violations of food safety laws and regulations, it is necessary to impose heavy penalties economically, so that the violators will go bankrupt, and the cost of violating the law will be extremely high and the cost will be extremely high. "Cracking down on violators from the perspective of raising the cost of violating the law is undoubtedly the right way. The crux of this problem is how to improve the existing laws and regulations, increase the illegal cost of all violators, and form a set of systems to crack down on food violations, instead of just fighting a few battles and catching a few typical examples.
In order to increase the cost of food safety violations, we must first increase economic penalties so that violators can really feel the "meat pain". According to the provisions of the current Food Sanitation Law, the financial penalty for violators is usually a fine of a certain multiple of the illegal gains, which often leads to a light punishment because the illegal gains are difficult to calculate. To change this situation, many countries use the concept of "illegal value" to replace "illegal income", "illegal value" is the total value of food produced and operated illegally by the violator, and the criminal punishment for violating the food safety law is based on the "illegal value" as the standard, which will greatly increase the amount of fines called, increase the economic cost of food hygiene violations, and have a great effect on curbing the occurrence of illegal acts.
Article 22 In violation of the provisions of this Law, engaging in food production and business activities without obtaining a food production and business license, or engaging in food additive production activities without obtaining a food additive production license, the food and drug supervision and administration department at or above the county level shall confiscate the illegal income and illegal production and operation of food, food additives, and tools, equipment, raw materials and other items used in illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 10 and 20 times the value of the goods shall be imposed.
Clearly knowing that the illegal acts provided for in the preceding paragraph are still provided with production and business premises or other conditions, the people's food and drug supervision and administration department at or above the county level shall order them to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers and traders of food and food additives.
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Legal analysis: If the provisions of the food safety law are violated and a crime is constituted, criminal responsibility shall be investigated in accordance with the law. The public security organs shall promptly review the transferred cases; Where it is found that there are facts of a crime that need to be pursued for criminal responsibility, a case shall be filed and investigated.
In the course of the investigation of food safety crimes, if the public security organs find that there are no criminal facts, or the criminal facts are obviously minor, and do not need to be investigated for criminal responsibility, but administrative responsibility shall be pursued in accordance with the law, the case shall be promptly transferred to the food safety supervision and management departments and supervision organs and supervision organs, and the relevant departments shall handle it in accordance with the law.
Legal basis: Food Safety Law of the People's Republic of China
Article 121 If the people's food safety supervision and management department at or above the county level discovers that it is suspected of a food safety crime, it shall promptly transfer the case to the public security organ in accordance with the relevant regulations. The public security organs shall promptly review the transferred cases; Where it is found that there are facts of a crime that need to be pursued for criminal responsibility, a case shall be filed and investigated. In the course of the investigation of food safety and disorderly crimes, if the public security organs find that there are criminal facts in the middle of the food safety and disorderly crimes, or the facts of the crime are obviously minor, and there is no need to pursue criminal responsibility, but administrative responsibility shall be pursued in accordance with the law, the case shall be transferred to the food safety supervision and management departments and supervision organs in a timely manner, and the relevant departments shall deal with it in accordance with the law.
Where public security organs consult with departments such as for food safety oversight and management, ecology and the environment, to provide inspection conclusions, determination opinions, and assistance such as the harmless disposal of items involved in the case, the relevant departments shall promptly provide and provide assistance.
Article 149:Where violations of the provisions of this Law constitute a crime, criminal responsibility is pursued in accordance with law.
Barcodes have nothing to do with food safety laws, you think too much.
December 29, 2018 newly revised food.
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