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Original Title: First Instance of Jiangxi First Public Interest Litigation Over Cadmium Excess Rice
The official WeChat account “Jiangxi Procurator” reported on January 6 that food safety is more important than Mount Tai. Rice, as a food that people cannot live without three meals a day, is the top priority for food security issues. On August 20, 2020, the Pingxiang City People’s Prosecutor’s Office filed a public interest civil lawsuit against a certain grain and oil processing plant in Anfu County that produced and sold rice with higher than standard cadmium content. . Recently, the Pingxiang City Intermediate People’s Court issued a lower court ruling and supported the prosecution’s request. This case is reported to be the first public interest civil lawsuit filed by the prosecution regarding excessive cadmium content rice.
Case review
On January 25, 2019 and February 12, 2019, a commercial department of the rice industry in Pingxiang and a trading company in Pingxiang purchased the production batch numbers 2019-01-25 and 2019-2-12 from a grain and oil processing plant in Anfu county. A total of 200 kg and 150 kg of rice of a certain brand are sold to two large supermarkets, a shopping center in Pingxiang and a department store in Pingxiang. On February 26, 2019 and March 13, 2019, the two batches of rice were tested by the Jiangxi Provincial Market Supervision Administration to have a cadmium content of 0.29 mg / kg and 0.38 mg / kg, which exceeded national food safety standards (standard limits). Value 0.2 mg / kg) 0.45 times and 0.9 times, it is a lower quality food.
At the time of the incident, the brand’s two batches of rice had been sold to the outside world with a total of 300 kg, and the sales amount was 2,100 yuan. The remaining 50 kg of unsold rice was returned to the manufacturer for destruction.
File a public interest lawsuit
In March 2020, the Pingxiang City People’s Prosecutor’s Office found clues about the case in the performance of its public interest litigation duties. Because the content of “cadmium” in rice exceeded the limit of the national food safety standard, there was a problem of harming the public interests of the society, so an investigation was launched. .
It was verified that a grain and oil processing plant in Anfu county, as a food producing company, did not strictly comply with Article 50 and Article 52 of the Food Safety Law and the General Hygiene Regulation for the Production of Food (GB14881-2013) It is stipulated that rice raw materials and finished rice products must be inspected before leaving the factory for sale; the other four sales companies as food operators, the food qualification documents provided by food production companies and upstream operators, and the rice batch and inspection time involved clearly exist In case of discrepancies, the inspection and acceptance was not carried out in strict accordance with article 53 of the Food Safety Law and the provisions of the National Food Safety Standard and Hygiene Regulation for the Food Operation Process (GB31621-2014), and then they were bought and sold, which together led to the case. Rice with excess cadmium flows into the market and enters the field of consumption.
Following an announcement in accordance with the law, the Pingxiang City Prosecutor’s Office filed a civil public interest lawsuit with the Pingxiang City Intermediate People’s Court, appealing to the defendant to stop the production and sale of non-compliant rice. with national food safety standards, publicly inform the public to stop eating and remove the rice involved in the case, and pay ten times the penalty. Sexual harm, civil liability to apologize to the public through the media.
Judgment scene
On October 14, 2020, the case was heard in the Municipal Intermediate People’s Court.
Decision of the Court
Recently, the Pingxiang City Intermediate People’s Court handed down a ruling and supported the litigation request submitted by the prosecution body. He ordered the defendant to halt the production and sale of rice that did not comply with national food safety standards, publicly recalled the rice involved in the case, and took ten times the punitive compensation of 21,000. Yuan, an apology to the public through the provincial media.
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