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8000 catties of eggs in the market
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Release time:2018-11-28 14:27:02
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Recently, the Gaoping court of Shanxi Province held a public hearing on a case of producing and selling toxic and harmful food. The defendant Guo was sentenced to six months' imprisonment and a fine of 10000 yuan for producing and selling "problem eggs". This is also the city's first criminal cases with civil public interest litigation.
When the laying hens are sick, they are fed with forbidden drugs
Guo runs a village chicken farm in Sanjia Town, Gaoping City. In June 2017, he found that the hens in the chicken house were sick, and asked the veterinarian to check and found that the layer was suffering from bronchitis.
Guo, knowing that the laying hens were forbidden to eat the veterinary drug florfenicol, still fed the toxic and harmful non food raw material florfenicol powder to the laying hens, which was used for the treatment of 4300 laying hens in the henhouse.
Guo sold more than 8000 Jin eggs produced by laying hens after taking medicine at the price of 1.8 yuan per kilogram, of which more than 6000 kilograms were sold to Shen, and the remaining eggs were sold to other retail investors. Guo obtained more than 14400 yuan illegally from it. Later Shen sold more than 6000 Jin eggs purchased from a chicken farm in guomou to a shopping mall in Gaoping City at a price of 2.2 yuan per catty. The square retailed the more than 6000 Jin eggs at a price higher than 2.2 yuan per kilogram.
On June 7, 2017, Gaoping Municipal Bureau of market and quality supervision sent samples of eggs being sold in a shopping mall in Gaoping City for inspection. After testing, florfenicol was detected. After verifying the source of eggs, the staff of Gaoping Agricultural Committee conducted on-site inspection on a certain chicken farm in guomou on June 30, 2017, and sent samples of eggs produced in the henhouse for inspection. On August 10 of the same year, Shanxi provincial animal and poultry product quality and safety inspection and monitoring center issued an inspection report, which showed that florfenicol was detected in the eggs sampled from the chicken house of a certain chicken farm in Guo.
Public interest litigation initiated by procuratorial organs
Because Guo's production and sale of toxic and harmful food will affect the life and health of unspecified consumers and damage the social and public interests, the people's Procuratorate of Gaoping City charged Guo with the crime of producing and selling toxic and harmful food with Gaoshi Jiaoxing suit (2018) No. 289, and filed a public prosecution in Gaoping Court on August 7, 2018 As a person, he filed a public interest lawsuit with Gaoping court.
Court decision
After hearing, Gaoping court held that the defendant Guo, knowing that laying hens were forbidden to eat veterinary drug florfenicol, mixed toxic and harmful non food raw materials into the food produced and sold, which infringed the supervision and management order of food hygiene and the rights of life and health of consumers. His behavior has constituted the crime of producing and selling toxic and harmful food, which should be punished according to law and sentenced the defendant Guo, who committed the crime of producing and selling poisonous and harmful food, was sentenced to six months' imprisonment and fined 10000 yuan, and his criminal income was recovered. The defendant Guo was ordered to make an apology in Gaoping municipal news media within one month after the judgment took effect.