What are the legal consequences of using soil pit to pickle sauerkraut?

The legal consequences of using pickled sauerkraut in soil pits constitute the crime of producing and selling toxic and harmful food. Not only do you need to bear corresponding criminal liability, but merchants need to recall the sold food in a timely manner. Buyers can ask the merchant to carry out corresponding measures. The state can impose fines and penalties on merchants. Pickling sauerkraut in soil pits contains excessive nitrite and preservatives, which seriously endangers people's health. During the pickling process of Dakeng sauerkraut, a large amount of putrid salt water seeped into the ground, polluting the groundwater and the surrounding environment, violating the Environmental Protection Law of the People's Republic of China. For products already on the shelves, once it is discovered that sauerkraut pickled in soil pits has been used, they must be removed from the shelves immediately, otherwise the retailer will also need to bear corresponding liability for compensation.

How to take responsibility for using "Tukeng pickled cabbage" as raw material?

“Companies such as Master Kong that use sauerkraut as a raw material that does not meet food safety standards may also be required to bear civil and administrative liabilities. At the same time, as a listed company, Master Kong may also be sued by investors.” Wang Wenpu told reporters As food producers, companies such as Master Kong should also strictly follow the provisions of Article 52 of the Food Safety Law when purchasing raw materials, and inspect the food, food additives, and food-related products they produce in accordance with food safety standards. , only after passing the inspection can it be shipped out of the factory or sold.

In addition, Article 63 of the "Food Safety Law" also requires food producers to stop immediately when "it is discovered that the food they produce does not meet food safety standards or there is evidence that it may be harmful to human health." production, notify relevant operators and consumers, recall the food, and destroy or dispose of the recalled food harmlessly to ensure that it will not flow into the market again.

The company involved claimed that domestic fines of "at most one to two thousand yuan" are justified. Is there any basis for this?

In the exposed video, Manager Peng, the person in charge of flag-planting vegetable production, claimed: "When domestic products are in the hands of consumers, if there are some leaves and a little fiber in them, you will be fined up to one thousand (yuan). Two thousand (yuan), if this goes abroad, it will be fined at least one hundred thousand (yuan)." In this regard, Wang Wenpu denied this statement. He explained that the so-called fine of one to two thousand yuan means that consumers have the right to "produce food that does not meet food safety standards or operate food that knowingly does not meet food safety standards" in accordance with Article 148 of the Food Safety Law. For food, in addition to claiming compensation for losses, consumers may also request compensation from the producer or operator for ten times the price or three times the loss; if the amount of increased compensation is less than one thousand yuan, the compensation shall be one thousand yuan", but The nature of the payment is punitive damages, not a fine in the field of administrative supervision.

Wang Wenpu believes that in accordance with the provisions of Article 124 of the Food Safety Law, Hunan Banner Vegetable Industry Co., Ltd. and others have been suspected of violating the "production and operation" mentioned in paragraph (1) of this article. Foods containing pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants, and other substances harmful to human health that exceed the food safety standard limit", as well as "spoilage, spoilage, production and operation" as mentioned in paragraph (4) Food and food additives that are rancid, moldy, insect-infested, dirty, mixed with foreign matter, adulterated or have abnormal sensory properties."

Sichuan Henghexin Lawyer Wang Shengzhong agreed with this view. He told reporters: "In this case, when the behavior of the company involved does not constitute a crime, the food safety supervision and management of the people's government at or above the county level The department has the right to confiscate illegal income, illegally produced food, illegal production and operation tools, equipment, and raw materials. In serious cases, the license may be revoked. From the perspective of fines, if the value of the goods involved is less than 10,000 yuan, you will face it. A fine of not less than 50,000 yuan but not more than 100,000 yuan; if the value of the goods exceeds 10,000 yuan, a fine of not less than 10 times but not more than 20 times of the value of the goods will be imposed. ”

In addition, in addition to possible food items. Regarding safety issues, Wang Shengzhong also believes that using the "earth pit method" to pickle sauerkraut may cause problems such as excessive nitrite. If the operation is not standardized, it may lead to soil acidification, which is suspected of violating the Environmental Protection Law.

“The report mentioned that these pits for pickling sauerkraut are mostly distributed in farmland. If things go on like this, causing a large number of permanent basic farmland to lose their basic functions or suffer permanent damage, it may also constitute the crime of environmental pollution. Facing more than seven years in prison and a fine.

Wang Shengzhong believes that whether from the perspective of food safety supervision or environmental supervision, the companies involved in "Tukeng Sauerkraut" may face multiple civil, administrative and even criminal liabilities, and it is not as simple as "a fine of one or two thousand yuan at most."

How should consumers protect their rights in accordance with the law

Li_, vice president of the Provincial Lawyers Association and director of Sichuan Boshen Law Firm, told reporters: "Consumers are buying substandard pickled cabbage products or When using it as raw material for packaged food, although there was no written agreement with the operator on the quality of sauerkraut, an oral sales contract was reached. When the goods provided by operators do not meet the relevant standards, the quality problems of the goods have caused consumers to be unable to eat the goods. When the purpose of a consumer contract cannot be realized, according to the provisions of Article 563, paragraph 1, item 4 of the Civil Code, consumers may request to terminate the contract in accordance with legal provisions, request the operator to return the goods or refund, and may also The producer or operator is required to pay compensation ten times the price or three times the loss. ”

Li_ reminds consumers that when their rights and interests are harmed, they can negotiate and settle with the operator, request mediation from the consumer association or other mediation organizations established in accordance with the law, and complain to the relevant administrative departments. Submit the arbitration agreement reached by the parties to an arbitration institution for arbitration, file a lawsuit with the People's Court, etc. to safeguard their rights in accordance with the law. Special attention should be paid to the fact that consumers should be aware of evidence in the process of claiming rights and interests, retain purchase receipts, and properly keep proof of damage to their rights and interests. Relevant information.

Legal basis

"Criminal Law of the People's Republic of China"

Article 144

Whoever produces and sells toxic and harmful food with poisonous or harmful non-food raw materials, or sells food that is knowingly mixed 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 punished. fine; if it causes serious harm to human health or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; if it causes death or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined;