What is the sentencing standard for food safety crimes?
criminal law
Article 143 The crime of producing and selling food that does not meet the safety standards. Whoever produces and sells food that does not meet the safety standards, enough to cause serious food poisoning accidents or other serious food-borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
Article 144 Whoever produces or sells toxic or harmful food, adulterates toxic or harmful non-food raw materials into food, 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 fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be punished in accordance with the provisions of Article 141 of this Law.
Interpretation of some issues concerning the application of law in handling criminal cases endangering food safety
In order to punish crimes endangering food safety according to law and ensure people's health and life safety, according to the relevant provisions of the Criminal Law, some issues concerning the application of law in handling such criminal cases are explained as follows:
Article 1 The production and sale of food that does not meet the food safety standards shall be deemed as "enough to cause serious food poisoning accidents or other serious food-borne diseases" as stipulated in Article 143 of the Criminal Law under any of the following circumstances:
(a) containing pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health that seriously exceed the standard limit;
(2) Livestock, poultry, beasts, aquatic animals and their meat and meat products that have died of illness, the cause of death is unknown or the inspection and quarantine is unqualified;
(3) The production and sale are explicitly prohibited by the state for the prevention and treatment of diseases and other special needs;
(four) the nutritional components required for the growth and development of infant food seriously do not meet the food safety standards;
(5) Other circumstances sufficient to cause serious food poisoning accidents or serious food-borne diseases.
Article 2 The production and sale of food that does not meet the food safety standards shall be deemed as "causing serious harm to human health" as stipulated in Article 143 of the Criminal Law under any of the following circumstances:
(a) causing minor injuries or more;
(2) Causing mild or moderate disability;
(three) causing damage to organs and tissues, resulting in general dysfunction or serious dysfunction;
(4) Causing serious food poisoning or other serious food-borne diseases to more than 10 people;
(five) other circumstances that cause serious harm to human health.
Article 3 The production and sale of food that does not meet the food safety standards shall be deemed as "other serious circumstances" as stipulated in Article 143 of the Criminal Law under any of the following circumstances:
(a) the production and sales amount is more than two hundred thousand yuan;
(two) the production and sales amount is more than100000 yuan but less than 200000 yuan, and the amount of food that does not meet the food safety standards is large or the production and sales last for a long time;
(three) the production and sales amount is more than one hundred thousand yuan but less than two hundred thousand yuan, which belongs to infant food;
(4) The production and sales amount100,000 yuan but less than 200,000 yuan, and he has received administrative punishment or criminal punishment for illegal and criminal activities endangering food safety within one year;
(five) other serious circumstances.
Article 4 The production and sale of food that does not meet the food safety standards shall be deemed as "especially serious consequences" as stipulated in Article 143 of the Criminal Law under any of the following circumstances:
(1) Causing death or serious disability;
(2) Causing serious injury, moderate disability or organ and tissue damage to more than three people, resulting in serious dysfunction;
(three) causing minor injuries to more than ten people, mild disabilities to more than five people or general dysfunction caused by organ and tissue damage;
(4) Causing serious food poisoning or other serious food-borne diseases to more than 30 people;
(5) Other particularly serious consequences.
Article 5 The production and sale of toxic and harmful food under any of the circumstances stipulated in Article 2 of this Interpretation shall be deemed as "causing serious harm to human health" as stipulated in Article 144 of the Criminal Law.
Article 6 The production and sale of toxic and harmful food in any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 144 of the Criminal Law:
(a) the production and sales amount is more than two hundred thousand yuan but less than five hundred thousand yuan;
(two) the production and sales amount100000 yuan but less than 200000 yuan, and the amount of toxic and harmful food is large or the production and sales last for a long time;
(three) the production and sales amount is more than one hundred thousand yuan but less than two hundred thousand yuan, which belongs to infant food;
(4) The production and sales amount100,000 yuan but less than 200,000 yuan, and he has received administrative punishment or criminal punishment for illegal and criminal activities endangering food safety within one year;
(5) Toxic and harmful non-food raw materials are highly toxic or high in content;
(six) other serious circumstances.
Article 7 Whoever produces or sells toxic and harmful food, with the production and sales amount of more than 500,000 yuan, or under any of the circumstances specified in Article 4 of this Interpretation, shall be deemed as "causing death or having other particularly serious circumstances" as specified in Article 144 of the Criminal Law.
Article 8 In the process of food processing, sale, transportation and storage, anyone who violates food safety standards and uses food additives beyond the limit or scope, which is enough to cause serious food poisoning accidents or other serious food-borne diseases, shall be convicted and punished for the crime of producing and selling food that does not meet the safety standards in accordance with the provisions of Article 143 of the Criminal Law.
In the process of planting, breeding, selling, transporting and storing edible agricultural products, violating food safety standards and abusing additives, pesticides and veterinary drugs. Anyone who exceeds the limit or scope enough to cause serious food poisoning accidents or other serious food-borne diseases shall be convicted and punished in accordance with the provisions of the preceding paragraph.
Article 9 Whoever adulterates or uses toxic and harmful non-food raw materials to process food in the process of food processing, sale, transportation and storage shall be convicted and punished for producing and selling toxic harmful food in accordance with the provisions of Article 144 of the Criminal Law.
Anyone who uses prohibited substances such as pesticides and veterinary drugs or other toxic and harmful substances in the process of planting, breeding, selling, transporting and storing edible agricultural products shall be convicted and punished in accordance with the provisions of the preceding paragraph.
Whoever illegally adds toxic and harmful substances such as drugs prohibited by the state to health food or other foods shall be convicted and punished in accordance with the provisions of the first paragraph.
Article 10 Whoever produces or sells food additives, food packaging materials, containers, detergents, disinfectants or tools and equipment for food production and operation that do not meet food safety standards, if the case constitutes a crime, shall be convicted and punished for the crime of producing and selling fake and inferior products in accordance with the provisions of Article 140 of the Criminal Law.
Article 11 Whoever, in violation of state regulations, produces and sells non-food raw materials prohibited by the state for the purpose of providing others with food for production and sales, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.
Whoever, in violation of state regulations, produces or sells pesticides, veterinary drugs, feed, feed additives or feed raw materials or feed additive raw materials, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and at the same time constitutes the crime of producing and selling fake and inferior products, the crime of producing and selling fake and inferior pesticides and veterinary drugs and other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 12 Whoever, in violation of state regulations, establishes a pig slaughtering plant (field) without permission to engage in business activities such as pig slaughtering and selling, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.
Whoever commits the acts mentioned in the preceding paragraph and at the same time constitutes the crime of producing and selling food that does not meet the safety standards, as well as other crimes such as producing and selling toxic and harmful food, shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 13 Whoever produces or sells food that does not meet the food safety standards and toxic and harmful food meets the provisions of Articles 143 and 144 of the Criminal Law shall be convicted and punished by harmful food for producing or selling food that does not meet the safety standards. If it constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment.
If there is no evidence to prove that the production and sale of food that does not meet the food safety standards is enough to cause serious food poisoning accidents or other serious food-borne diseases, it does not constitute the crime of producing and selling food that does not meet the safety standards, but it constitutes the crime of producing and selling fake and inferior products and other crimes, and shall be convicted and punished according to other crimes.
Article 14 Whoever knowingly produces or sells food that does not meet the food safety standards, toxic or harmful food, under any of the following circumstances, shall be punished by the crime of producing or selling food that does not meet the safety standards or by harmful food:
(1) Providing funds, loans, account numbers, invoices, certificates and licenses;
(two) to provide production and business premises or transportation, storage, storage, mailing, online sales channels and other facilities;
(3) Providing production technology or food raw materials, food additives and food-related products;
(4) Providing advertisements and other publicity.
Article 15 Advertisers, advertising agents and publishers who, in violation of state regulations, use advertisements to make false propaganda on health food or other foods, if the circumstances are serious, shall be convicted and punished for the crime of false advertising in accordance with the provisions of Article 222 of the Criminal Law.
Article 16 Any functionary of a state organ who is responsible for food safety supervision and management abuses his power or neglects his duty, thus causing a major food safety accident or other serious consequences, and at the same time constituting the crime of dereliction of duty in food supervision, the crime of not transferring criminal cases for favoritism, the crime of favoritism in commodity inspection, the crime of favoritism in animal and plant quarantine, the crime of indulging in the production and sale of fake and inferior commodities and other dereliction of duty, shall be convicted and punished in accordance with the provisions of heavier punishment.
State functionaries responsible for food safety supervision and management abuse their powers or neglect their duties, which does not constitute the crime of dereliction of duty in food supervision, but constitutes other crimes of dereliction of duty as stipulated in the preceding paragraph, and shall be convicted and punished according to other crimes.
State functionaries responsible for food safety supervision and management collude with others to help others commit crimes endangering food safety by taking advantage of their positions, and at the same time constitute crimes of dereliction of duty and crimes endangering food safety, and shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 17 Whoever commits the crime of producing or selling food that does not meet the safety standards and produces or sells toxic or harmful food shall generally be sentenced to a fine of not less than one time but not more than two times the production and sales amount according to law.
Article 18 Criminals who commit the crimes stipulated in this Interpretation shall be strictly suspended and exempted from criminal punishment in accordance with the conditions stipulated in the Criminal Law. According to the facts, circumstances and penitence of the crime, criminals who meet the applicable conditions of probation stipulated in the Criminal Law may be suspended, but at the same time, an injunction shall be issued to prohibit them from engaging in food production, sales and related activities during the probation period.
Article 19 Where a unit commits a crime as stipulated in this Interpretation, it shall be punished according to the conviction and sentencing standards as stipulated in this Interpretation.
Twentieth the following substances shall be identified as "toxic and harmful non-food raw materials":
(1) Substances prohibited by laws and regulations from being added or used in food production and marketing activities;
(2) The substances in the List of Non-edible Substances that May Be Illegally Added in Food and the List of Substances that May Be Illegally Added in Health Food published by the relevant departments of the State Council;
(three) pesticides, veterinary drugs and other toxic and harmful substances prohibited by the relevant departments of the State Council;
(4) Other substances harmful to human health.
Twenty-first "enough to cause serious food poisoning accidents or other serious food-borne diseases" and "toxic and harmful non-food raw materials" are difficult to determine, and the judicial organ may determine them according to the inspection report and combined with expert opinions and other relevant materials. When necessary, the people's court may, in accordance with the law, notify relevant experts to appear in court to make explanations.
Article 22 If the judicial interpretations previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.
If people encounter food safety problems in their lives, they can report them to the relevant departments. At the same time, keep relevant evidence for the later staff to verify the specific situation.