March 2022
Di Wu
On December 30, 2021, the Supreme People’s Court and the Supreme People’s Procuratorate issued the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Food Safety Criminal Cases (hereinafter, the “Interpretation”). The Interpretation consists of 26 articles and adjustments in six main aspects. The specific contents are provided below.
1. Enhanced food safety protection of groups like minors and the elderly.
Articles 3 and 7 stipulate the special food safety protection requirements for groups like minors and the elderly by intensifying penalties for circumstances of “providing main and supplemental foods exclusively for infants and young children” to “minors and the elderly on primary and secondary school campuses or in childcare facilities, elderly care facilities, and their surroundings.” This reflects the judiciary’s special food safety protection of minors and the elderly.
2. Punishment in accordance with law of acts to defraud money or property through health foods and otherwise.
Article 19 of the Interpretation provides that an act to defraud money or property by selling health foods or other foods for the purpose of illegal possession to the extent that the requirements under Article 266 of the Criminal Law are met shall be convicted and penalized for the crime of fraud. Meanwhile, if the crime of producing or selling counterfeit and shoddy products and other crimes are constituted, the actor will be convicted and penalized pursuant to the provision of the heavier penalty.
3. Punishment of food contamination by food-related products pursuant to law.
Article 12 of the Interpretation provides that in the process of food production, sales, transportation, storage, etc., the use of food packaging materials, containers, detergents, disinfectants that do not meet food safety standards or tools and equipment used in food production and operation to the extent of causing food contamination, the actor will be convicted with penalties respectively imposed for the crime of producing or selling foods that do not meet safety standards and for producing or selling toxic or harmful foods.
4. Punishment in accordance with law of acts such as food production with food ingredients whose shelf life has expires.
The production and sale of food raw materials with expired shelf life, foods with expired shelf life, or recycled food as food raw materials, or the sale of food with expired shelf life or the recycling of foods shall be penalized pursuant to law. Article 15 of the Interpretation provides that if such an act is engaged in line with the provisions of Article 140 of the Criminal Law, the actor can be convicted and penalized for the crime of producing and selling inferior and shoddy products. Meanwhile, if the crime of producing or selling foods that do not meet safety standards, the crime of producing or selling products that do not meet safety standards, or any other crime is constituted, the actor shall be convicted and penalized in accordance with the provision carrying the heavier penalty.
5. Punishment in accordance with law of addition of prohibited drugs to pesticides, veterinary drugs or feed.
The illegal criminal act of adding prohibited drugs to pesticides, veterinary drugs, or feed seriously undermine the quality and safety of edible agricultural products with serious social harm. Article 16, Paragraph 2 of the interpretation provides that if such acts are engaged, the actor may be convicted and penalized for the crime of illegal operation.
6. Punishment in accordance with law of the injection of water and drugs in phases related to the slaughter of livestock and poultry.
Article 17, Paragraph 2 of the Interpretation specifically provides that in phases related to the slaughter of livestock and poultry, the use of prohibited drugs and other toxic and harmful non-food raw materials on livestock and poultry shall be convicted and penalized for producing or selling toxic and harmful foods. The injection of water of other substances into livestock or poultry to the an extent sufficient to result in a serious food poisoning incident or other serious food borne diseases shall be convicted and penalized for the crime of producing or selling foods that do not meet safety standards; and if the crime is not sufficient to cause a serious food poisoning incident or other serious food borne diseases but meets the requirements under Article 140 of the Criminal Law, the actor shall be convicted and penalized for the crime of producing or selling counterfeit and shoddy products.