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Anonymous users2024-02-161. Shall not engage in the food industry for several years due to food safety crimes.
1. Shall not engage in the food industry within five years due to food safety crimes. If the license is revoked, the food producer or trader and his legal representative cannot apply for a food production license for five years from the date of the penalty, nor can they serve as the food safety management personnel of any food production enterprise, or engage in this aspect of business management.
2. 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 and is sufficient to cause a serious food poisoning accident or other serious foodborne illness shall be sentenced to up to three years imprisonment 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.
Article 144.
Crime of producing or selling toxic or harmful food] Whoever adultes the food produced or sold with toxic or harmful non-food raw materials, 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.
2. What are the constitutive elements of a crime?
1. Main requirements. A person who has the capacity to bear criminal responsibility;
2. Subjective elements. The perpetrator's subjective mental state of mind in which he or she committed the criminal act was intentional or negligent;
3. Subject matter requirements. Criminal acts infringe on social relations protected by law;
4. Objective elements. Explain the social harmfulness of the act, and the objective factual characteristics that must be present for the act to establish a crime. The organic unity of the elements constitutes the composition of the crime.
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Anonymous users2024-02-15They must not engage in food safety crimes for 5 years.
Article 135 of the Food Safety Law of the People's Republic of China: Food producers and traders whose licenses have been revoked and their legal representatives, directly responsible supervisors and other directly responsible personnel shall not apply for a food production and business license within five years from the date of the penalty decision, or engage in food production and operation management, or serve as food safety management personnel of food production and operation enterprises. Those who have been sentenced to fixed-term imprisonment or higher for food safety crimes shall not be allowed to engage in food production and operation management for life, nor shall they serve as food safety management personnel of food production and operation enterprises.
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Anonymous users2024-02-14Legal analysis: Those who are sentenced to fixed-term imprisonment or above for food safety crimes shall not be engaged in food production and operation management for life, nor shall they serve as food safety management personnel of food production and operation enterprises.
Legal basis: Article 135 of the Food Safety Law of the People's Republic of China The food producer or trader whose license has been revoked and its legal representative, directly responsible supervisor and other directly responsible personnel shall not apply for a food production and business license for the first time within five years from the date of the penalty decision, or engage in food production and operation management, or serve as a food safety management person of a food production and operation enterprise.
If a person is sentenced to fixed-term imprisonment or higher for a food safety crime, he or she shall not be engaged in the work of a food production and operation manager, nor shall he serve as a food safety management person of a food production and operation enterprise.
If the personnel employed by food producers and traders violate the provisions of the preceding two paragraphs, the license shall be revoked by the people's food safety supervision and management department at or above the county level.
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Anonymous users2024-02-13Legal analysis: According to the provisions of the Food Safety Law of the People's Republic of China, if the food producer or trader whose license has been revoked and his legal representative, the person in charge of food safety, and other persons directly responsible from the date of the punishment, he cannot apply for a food production license within five years, nor can he serve as the food safety management personnel of any food Changyu product production enterprise, or engage in this aspect of business management.
Legal basis: Article 143 of the Criminal Law Whoever produces or sells food that does not meet food safety 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 shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of not less than three years but not more than seven years shall be imposed on Xun Yin and shall be fined; 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.
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 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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