The overdue food in China is dealt with for a long time confusedly The lawbreaker can at most be sentenced to death

The overdue food in China is dealt with for a long time confusedly The lawbreaker can at most be sentenced to death
News pegging " dye the steamed bun " The relevant person liable of the incident has already been detained for criminal act, may need to bear criminal liability. Continue GuanShengYuan " The moon cake lives again " Later, " dyed the steamed bun " The incident has refracted the overdue food and dealt with the supervision loophole again. It is reported, Shanghai will issue it to " face the overdue food " Management rule. The overdue food is dealt with " See the mood " The law of our country is to the whereabouts question of the overdue food, there is no clear regulation, quality guarantee periods and selling dates when only require sellers to record the food accurately, if the food has already exceeded quality guarantee period, should stop selling immediately, remove the counter to destroy or report the department in charge of industry and commerce to deal with in accordance with the law. This kind of demarcation line in addition, supervision not clear does one's best, lead to the fact it is long-term in confused state that the overdue food is dealt with. It is reported, most stores and supermarkets return being overdue or is close to the overdue food in the manufacturing enterprise through sending back goods in agreement, this give manufacturing enterprise use for raw materials produce, sow opportunity again again overdue product. After receiving the overdue food, some manufacturing enterprises use the special incinerator in environment protecting mode to burn the overdue products, but the cost and has rubbish after burning to handle problem higher; Some enterprises crush the overdue food and cook the feed or act as directly the rubbish is thrown away, also the feed or possibility of polluting the environment exists and goes mouldy; Specific bad the intersection of enterprise and process hide, change date or list as raw materials overdue food again behind the processing 2 times. It is swindling to consumers that consumers are injured and can sell the overdue food at ten times of claim, no matter buyers or eaters, because the overdue food is damaged by the life, property, can all require manufacturing enterprises or selling enterprises to compensate for the losses. Meanwhile, the food safety law demands to pay the rights of ten times of cost damages to producers or sellers for consumers, this is for the food special importance and punishment compensation that stipulates managing. In compensation responsibility, producers distinguish with the seller to some extent: Producers have only produced the food not in accordance with food safety standard and caused the damage, should undertake punishing compensation, because this behavior is that producers do it on purpose generally, it is impossible and totally ignorant to this. The prerequisite that and the seller bears ten times of damages is, obviously the food not in accordance with food safety standard is sold. Because accord with this professional problem of the food safety standard to the food, the seller can only annotate and wait for from the food formally to pay examining while stocking up, if the seller is unable to learn the food sold does not accord with the food safety standard, do not need to undertake punishing compensation responsibility. The illegal person is sentenced food date of production and quality guarantee period to death according to the legal provision at most, forge or false and mark, but 500 yuan of place is fined to 10,000 yuan. In addition, if the food is enough to cause serious food poisoning or other serious diseases caused by food-borne bacteria, may commit the food crime not in accordance with sanitary standard of production, sale, the consequence is very serious, sentencing to imprisonment over seven years or life imprisonment, and punish gold or confiscate property. If mix impurities or imitations into food, pass a fake product off as a genuine one, adulterate or pass subquality product off as the behavior of the acceptable product, and sell the amount of money more than 50,000 yuan, may commit production, sale fake and poor products crime. Sell more than 2 million yuan of amount of money, sentence to the fixed-term imprisonment or life imprisonment for 15 years, and sell above 50% of amount of money in the place, fine of under 2 times or confiscating property. And if mix the poisonous, harmful non-food raw material in the food produced, sold, or sell and know perfectly well that mixes the food with poisonous, harmful non-food raw material, may commit, produce, sell poisonous harmful the intersection of food and crime, offend against crime this, cause the intersection of people and death or have other very much serious plot, sentenced to imprisonment over 10 years, life imprisonment even death penalty, and sell above 50% of amount of money in the place, fine of under 2 times or confiscating property. It refers to exceeding food quality guarantee period to chain the food overduly, and generally enterprises confirmed by oneself according to raw materials, prescription, preparation method and other characteristics for the food in quality guarantee period. In theory, enterprises should carry on the strict test, then multiply 0.7 or 0.8 more the quality guarantee period that obtain in the test by, in order to get it during a relatively safe one. But in practice, most enterprises have not carried on the relevant test, even what the specific enterprise marks in packing is earlier than the products real date of production on date of production, cause " born ahead of time " Phenomenon. So, remain a fuzzy name in single quality guarantee period, and unable to display the quality state of the food completely. Drawing lessons from U.S.A.'s food packing will generally indicate four dates according to property of the food. Among them, must all indicate " sell on closing date " on the packing boxes outside food ,Eating, storage after in this way, will buy for consumers ing allows some leeway; " best taste one " Referring to the food taste or best time of the quality, usually consumers are gladder to buy the food before this date; " eat one " In quality guarantee period approaching our country, it is the edible date of end of the food; " seal the case and pack date " Investigate when the relation with consumer is not big, main and easy to go wrong. Japan has the enterprises specially dealing with the overdue food, these enterprises make the overdue food into feed, fertilizer, or ferment and produce methane, as the industrial energy. 70% of the overdue food can be recycled. (each Cao, court of Xicheng District, refined dawn)

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