On how the industrial and commercial departments punish the sale of food with changed shelf life

It is a violation of food safety to deal in foods whose shelf life is changed. There are two situations, one is beyond the change date of food shelf life, and the other is approaching the change date of shelf life. Both cases should be punished in accordance with the provisions of the Food Safety Law. Law enforcement is based on Article 4 of the Food Safety Law: "The administrative department for industry and commerce of the State Council is in charge of the supervision and management of food circulation throughout the country". It can be seen that the Food Safety Law gives the industrial and commercial departments the power to supervise this behavior. Based on the confirmed facts, it should be based on the eighth paragraph of Article 28 and the seventh paragraph of Article 85 of the Food Safety Law: it is forbidden to operate foods that have exceeded the shelf life; The penalties stipulated in the second paragraph of Article 42 and Article 86 are as follows: producing and selling unlabeled prepackaged foods, food additives or food additives whose labels and instructions do not conform to the provisions of this Law; The penalty provisions of these two clauses are: if the value of illegal food production and operation is less than 1 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan will be imposed. If the value of food illegally produced and operated is more than 10,000 yuan, a fine of more than two times and less than five times the value shall be imposed. However, some people think that it is illegal to change the food that has exceeded or is about to pass the shelf life, and it should be punished according to the relevant provisions of the Product Quality Law. According to the ascertained facts, food business operators have violated the provisions of Article 35 of this Law that "sellers shall not sell expired or deteriorated products" and should be punished: those who sell expired or deteriorated products shall be ordered to stop selling, the illegally sold products shall be confiscated, and a fine of less than 2 times the value of the illegally sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law. And article 27 of the product quality law: the logo on the product or its packaging must be true; According to Article 54 of the Product Quality Law, if it does not conform to the provisions of Article 27 of this Law, it shall be ordered to make corrections; If the product logo with packaging does not conform to the provisions of Items (4) and (5) of Article 27 of this Law, if the circumstances are serious, it shall be ordered to stop production and sales, and a fine of less than 30% of the value of the illegally produced and sold products shall be imposed; Illegal income, if any, shall also be confiscated. In the actual law enforcement process, we think that the illegal act of changing the shelf life of food is an infringement on the health and life safety of the general public, or the food safety law should be used. For example, on June 25th this year, the masses reported a case of altering the date of expired food and food about to expire. The illegal operators returned more than 0/00 pieces of expired food to the supermarket for alteration, and * * * altered more than 20 pieces with a value of more than 3,000 yuan, and 6 pieces have been sold. In view of this case, our bureau investigated and dealt with it according to the second paragraph of Article 86 of the Food Safety Law, and imposed a fine of 6.5438+0.2 million yuan. At the same time, three suggestions are put forward: first, recall and sell six foods; Second, focus on destroying recalled and spoiled food; Third, implement zero-distance supervision for operators for one year. We believe that the first article of the Food Safety Law clarifies the legislative purpose of the law, which is "to ensure food safety and public health and life" and the foothold is "safety". However, there are many laws related to food, each with its own emphasis. For example, product quality law, anti-unfair competition law, trademark law, advertising law, consumer protection law, company law and so on. These laws regulate food supervision from different angles. Therefore, when talking about the supervision of "food", we should not narrowly think that the Food Safety Law should be applied as long as it is food. Different laws and regulations should be applied according to different illegal situations. For example: 1, the product quality law should be applied to supervise the "forgery of origin", "forgery or fraudulent use of other people's factory name and address" and "forgery or fraudulent use of certification marks and other quality marks" of food; 2. The Anti-Unfair Competition Law is applicable to the supervision of food business operators' unauthorized use of other people's enterprise names and other unfair competition behaviors; 3. Trademark law and advertising law are applicable to the supervision of food trademarks and advertisements; 4. Consumer disputes, appeals and complaints shall be handled by the Consumer Protection Law; 5. The Company Law is applicable to the subject qualification identification and relevant supervision of food producers and operators. Author: Jingzhou Administration for Industry and Commerce