Original title: thousands of people are punished for frying fried dough sticks stall owner: people in charge often buy my fried dough sticks
Previously, there were media reports that thousands of people were sentenced for "fried dough sticks" in six years. These people used alum as an additive in frying fried dough sticks, which contains aluminum.
According to China's standard for the use of food additives gb2760-2014, the aluminum residue in food should not exceed 100 mg / kg (dry weight), and fried dough sticks can be used as fried food.
Almost all of these thousands were sentenced because the aluminum content in fried dough sticks exceeded the standard. But many of them said that they did not know that there would be aluminum residues in fried dough sticks.
Most of the sentenced people appeal
Earlier, at the International Food Safety Conference on April 19, academician Chen Junshi, an authoritative expert on food safety, specially mentioned in his speech that "in recent years, some local public security laws and regulations have intervened in the problem of excessive use of food additives, arrested people and sentenced them. The most typical case is the case of excessive aluminum in fried dough sticks. According to the criminal law, only those who do harm to consumers can be punished, but now this problem is not clear. '
Shangfa news (ID: zgsbfzzk) found that most of the relevant rulings published by the 'judicial document network' are criminal rulings of second instance. That is to say, these people are not satisfied with the judgment of the first instance and appeal. Many of them said they did not know that there would be aluminum residue in fried dough sticks.
In June 2016, the adjudication document website published a second instance criminal judgment on the production and sale of food that did not meet the safety standards by Lin a and Lin B.
According to the judgment, since November 2013, the defendant Lin and others used alum, soda powder and other food additives to produce fried dough sticks in & times; & times; stores for wholesale and retail. Among them, the defendant Lin was responsible for purchasing alum, soda powder and other materials, while the defendant Lin was responsible for kneading flour, alum, soda powder into fried dough sticks, and Su was responsible for frying them into finished products. The average daily production of nearly 200 fried dough sticks.
At about 10:00 on December 22, 2014, the Lunjiao police station of Shunde District Public Security Bureau of Foshan City, together with the market supervision and Administration Bureau of Shunde District of Foshan City, inspected the & times; & times; store and seized the finished fried dough sticks, alum, soda powder and other food additives on the spot; the police also seized 30 unsold fried dough sticks from the & times; & times; store.
According to the test of Guangdong product quality supervision and Inspection Institute, the aluminum residue of finished oil sticks from & times; & times; store is 974mg / kg, and the aluminum residue of finished oil sticks from & times; & times; store is 446mg / kg.
In 2014, the national health and Family Planning Commission and other five departments jointly issued a document saying that from July 1, 2014, the state prohibited the use of acid sodium aluminum phosphate, sodium silaluminate and octenyl aluminum succinate starch in the production, operation and use of food additives, aluminum containing food additives should not be used in the production of puffed food, and wheat flour and its products (except fried flour products, batter, wrapped powder and fried powder) should not be used in the production Aluminum potassium sulfate and aluminum ammonium sulfate shall not be used.
According to the national food safety standard for the use of food additives issued on December 24, 2014 and formally implemented since May 24, 2015, the aluminum residue in fried flour products shall not exceed 100mg / kg.
Lin a and Lin B were checked time, just in the gap between the two provisions.
Finally, the court of first instance held that the defendants Lin and Lin violated the national food hygiene regulations, produced and sold food that did not meet the food safety standards, and the detection results of aluminum residue in fried dough sticks were unqualified, which was enough to cause serious foodborne diseases and infringe the national food safety management system and the health rights of consumers, and their behaviors had constituted the production and sales non-compliance Food crime meeting safety standards.
Subsequently, Mr. Lin filed an appeal, claiming that he did not know that there would be aluminum residue in fried dough sticks; there was no other evidence to prove whether there was aluminum residue in fried dough sticks produced and sold at other times; he never caused any food poisoning or foodborne diseases; all the fried dough sticks sold were retail, not wholesale; he was a first-time offender or an occasional offender, and the sentence in the original trial was too heavy. In the judgment of the second trial, the two sentencing were reduced.
Can a random inspection prove that all the fried dough sticks are unqualified?
Shangfa news (ID: zgsbfzzk) noted that in many people's defense opinions, it was mentioned that "failure in a random inspection can not prove that the fried dough sticks produced since the crime were unqualified.".
On May 5 and May 15, 2019, two criminal judgments of Handan intermediate people's court in Hebei Province were published on the judgment document website.
Both Ma pingxiu and fangjizhong, the two defendants, used potassium alum containing aluminum to process fried dough sticks and sold them to nearby residents. After testing, the fried dough sticks sold by both defendants were found to be unqualified.
The people's Court of Qiu county in Hebei Province, the court of first instance, found that both of them committed the crime of producing and selling food that did not meet the safety standards.
Subsequently, Ma pingxiu and Fang Jizhong expressed their dissatisfaction with the judgment and appealed.
Shangfa news (ID: zgsbfzzk) found that their defense lawyers were Cao Pengbo, and their defense opinions were almost the same. According to the defense opinion, the failure of one sampling inspection can not prove that all the fried dough sticks of the defendant have been unqualified for many years, and there is no evidence to prove that eating one excessive fried dough sticks can meet the legal requirements, which is enough to cause serious food poisoning accidents or other serious food borne diseases; The announcement on adjusting the provisions on the use of aluminum containing food additives issued by the national health and Family Planning Commission and other five departments only prohibited the use of aluminum potassium sulfate in the production of wheat flour and its products from July 1, 2014, except for fried flour products, the defendant's previous behavior should not be considered a crime; the evidence for determining the sales amount in the original judgment was insufficient, and the fine was too high.
In the judgment of the second instance, the fine of the two persons was reduced to half of that of the first instance, and other judgments upheld the judgment of the first instance.
Most of the Appellants think that the original sentence is too heavy and ask for a lighter sentence. All the second trial decisions are to maintain the original sentence.
The appellant often mentions that the publicity of relevant regulatory departments is not in place.
Previously, the media reported a case in which Chai Qinglin in Handan, Hebei Province ran a breakfast stand, mainly selling porridge and fried dough sticks. One day at the end of 2015, the staff of food and drug security brigade of Fengfeng Mining Area Public Security Bureau came to the stall to sample fried dough sticks.
In the sampling, the aluminum content of chaiqinglin fried dough sticks was 1150mg / kg, which exceeded the standard by 10 times. But he felt aggrieved: 'no one has ever told me that people from the regulatory authorities often come to buy my fried dough sticks. In the past two years, he has been frying fried dough sticks with traditional methods and adding alum based on his experience. He doesn't know how much aluminum content in fried dough sticks is beyond the standard.
In 2018, Guangxi light industry product inspection station issued the article "safety investigation on aluminum residue level in fried dough sticks in Nanjing". Among the 15 fried dough sticks samples, only four samples were not detected for aluminum residue, four samples were lower than the national standard, and the highest residue level of the remaining seven samples was more than 6 times of the national standard.
In 2015, the school of biology and food engineering of Jilin University of chemical technology also issued the "investigation on aluminum content in fried dough sticks in Jilin City", and nearly a quarter of the 41 samples exceeded the standard.
Previous surveys showed that the exceeding standard rates of aluminum in fried dough sticks in Guiyang, Yuzhong District, Xianyang and Puyang were 100%, 98%, 88% and 51.1% respectively.
In these samples, the aluminum exceeding standard rate of street stalls was significantly higher than that of restaurants. According to the survey of aluminum content in fried dough sticks in Jilin City, the main reason is that most of these individual stalls sell as you go, which is not conducive to supervision.
Shangfa news (ID: zgsbfzzk) combs the related cases of excessive aluminum content in online fried dough sticks in judicial documents, which mostly belong to criminal causes. Its routine operation is that after being investigated and dealt with, it is transferred to the inspection organ for prosecution, and the court makes a judgment.
If the standards are not clarified as soon as possible, it is easy to arouse the impulse of law enforcers to punish administrative violations by criminal means. 'an unnamed food safety expert told the media earlier.