The court of Lo Wu made the first judgement in the whole city after coming into force of the new " food safety law " yesterday Key suggestion
" food safety law " comes into force on the same day on June 1 this year, plaintiff Korea S. flies to defendant unanimous medical chain co., ltd. of Shenzhen (call " unanimous medicine " in the following text )One hundred bodyguards reach the branch and buy 2 The bottle " endures the glue of bee of Sri Lankan of strength and compounds soft capsule " , 2 bottles " the intersection of beauty and Australia is good for glue soft capsule of bee " , 1 " whether the intersection of U.S.A. and Australia good for the intersection of ginkgo and the intersection of leaf and soft capsule " ,Costs 1040 yuan together. Later, Han Fei was on the grounds that it violates new " food safety law ", " unanimous medicine " And one hundred bodyguards reach the branch to tell to the court of Lo Wu, require the defendant to make 10 times to compensate.
On August 5, the court of Lo Wu adjudiacates the dispute case of these two deal contracts in the first instance, according to the new " food safety law ", sentence 10 times of losses which compensate the plaintiff defendants to making. The intersection of compensation and from the intersection of 2 fold and rise to 10 times volume new " the the intersection of food and safety law ". This judgement is after a new " food safety law " comes into force, the first judgement which our municipal court makes.
Think that adds medicines in the food, consumers sue and ask for ten times to compensate
Tell and claim, it is in " unanimous medicine " on June 1 this year originally One hundred bodyguards reach the branch and buy 2 Bottle annotate import produce while being original packaging for New Zealand " Endure the glue of bee of Sri Lankan of strength and compound soft capsule " ,Costs 476 yuan, there is no authentication code of health food. After the plaintiff eats, consult the relevant department, learn that there are medicine compositions in batching of this product, should not eat arbitrarily. At this point, the plaintiff consults Shenzhen food medicines to learn after supervising administration bureau, Municipal Health Bureau, municipal Administration of Auality and Technical Supervision, the production and sales of glue of bee needs to examine and approve by the national Ministry of Health, obtaining the health food certificate can be sold.
Han Fei thinks, it doesn't accord with the standard which ensure health and safety of human life and property and food of the requirement that the defendant sells openly, having violated the relevant law, has encroached on consumers' legitimate rights and interests, the illegal fact knows. According to the stipulations of article 96 of " safety law of the People's Republic of China food ", plaintiff bring a suit before court of Lo Wu, ask court sentence, make defendant compensate, it is 4760 yuan altogether by 10 times of payment for goods in accordance with the law, and bear the court cost.
Reply two defendant,products of defendant"endure last capsules soft strength Sri Lankan brand bee glue " It is the imported products, there are legal customs clearance procedures, there are legal health certificates, it is qualified too to import the food label. So, the defendant's products are legal, can sell within the territory of China legally.
After the closure of debate of the court, the both parties of court system in Lo Wu mediate. Because two defendants disagree with the mediation scheme that the plaintiff puts forward, fail to reach and mediate the agreement.
The court compensates according to ten times of judgement defendant of new " food safety law "
The court of Lo Wu finds out, June 12, 2006, the open biotechnology Co., Ltd. of Guangzhou Nation obtains the quality surveillance of country of the People's Republic of China and examines what the quarantine general bureau issues " Endure the Sri Lankan brand glue of bee of strength and compound soft capsule " " the the intersection of imports and exports and the intersection of food and the intersection of label and certificate of checking ". Will it be November 20 2008, the intersection of Guangzhou and the intersection of city and the intersection of Fanyu and foreign economic the intersection of trading company and imported batches of product this, on January 12 of 2009, this batch of products are accorded with the food hygienic requirements by test, it is up to the standards to import the food label.
The court of Lo Wu thinks this case is the dispute case of the deal contract. February 28, 2002, Ministry of Public Health, in order to further standardize the raw materials of health food to manage, according to the stipulations of " food hygiene law of the People's Republic of China ", have issued " notice on further standardizing raw materials management of health food " and printed and distributed " article list used for health food ", this list is listed the glue of bee in and can be used in health food articles. October 12, 2007, Ministry of Public Health>Stipulate, the listed articles of " article list used for health food " announced in 2002 are limited to use for the health food. Not been proved its edible security by the appraisal of security, can't be regarded as the ordinary food raw materials production and management. If need to develop " the articles used for the article list of the health food " are used in ordinary food production ", should the procedures regulated go on the security assessment of food and declare to approve according to " new resource food management "s. To the ones that do not use the listed articles of " article list used for health food " according to the regulation, should carry on punishment according to the relevant regulations of " food hygiene law " and " new resource food management ". On March 26 of 2009, country's quality surveillance will examine the quarantine general bureau " letter in reply on strengthening bee's glue products and standardizing the management opinion " to stipulate, the articles that can be used in the health food of the national regulation, can only use in the health food. The articles used for health food, if need to develop and is used in the ordinary food, should carry on the assessment of food security according to relevant regulation procedures. The specific enterprise regards glue of bee as the ordinary food, this has obviously violated the relevant regulation of management of health food. So from February of 2002 to the present, Ministry of Public Health and the intersection of country and quality surveillance it examines quarantine general bureau to be to prohibit by official order the intersection of bee and glue as ordinary food production and sell, it produces and sells the behavior to belong to breaking the law.
The court of Lo Wu thinks, though the open biotechnology Co., Ltd. imported bee's glue products in Guangzhou Nation are sanctioned by the related departments, obtain " the the intersection of imports and exports and the intersection of food and the intersection of label and certificate of checking ". However, ts according to the regulation of article 12, article 13 of " management of health food " which Ministry of Public Health issued before importing this bee's glue products a, apply to go through formalities of " importing the certificate of approval of health food " etc. to Ministry of Public Health relevantly, but import with the ordinary food, has violated the above-mentioned relevant regulation of Ministry of Public Health. So, the behavior of the above-mentioned bee's glue products which two defendants sold forms and breaks the law. Meanwhile, and the qualification of the health food of packaging of finalizing the design that defendant one has not dealt in to finalize the design the packaged food. As deal in medicines, medical equipment, finalize the design, pack health food and finalize the design famous enterprise that packaged food authorize for dispatch two defendant, should know the management qualification of packing the health food and finalizing the design packaged food that his branch has not sold and finalized the design, it retails relevant regulations of behavioral infringement of the above-mentioned products. Until " the safety law, food of the People's Republic of China, " implement, continue, retail involved in the case the intersection of bee and the intersection of glue and product even the same day two defendant, form and know perfectly well, violate the legal obligation and should pay cost ten times of damages to the plaintiff, namely 4760 yuan. The reply reason of two defendants is untenable, the court refuses to adopt. According to " Civil Procedure Law of the People's Republic of China " the first paragraph of article 64, article 128, article 2 of the Supreme People's Court " several regulations about the civil Evidence in Litigation ", <
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