Interpretation| Administrative Penalty for Imported Food Safety

Date: 2024-Jun-24 Source: View: 381

In order to strictly prevent the problems and hidden risks in the key links of food safety, the Customs, as the supervision and administration department of import and export food safety, has further strengthened food safety work with the most rigorous standards, the most stringent supervision, the most severe punishment and the most serious accountability, and has investigated a series of illegal acts involving import and export food safety.

Case 1

In the food importer record verification work, the Customs found that a food enterprise importing food additives did not establish the import and sale records of food additives in accordance with the provisions of the Food Safety Law of the People's Republic of China, the Measures of the People's Republic of China for the Administration of Import and Export Food Safety and the Provisions on the Management of Food Import Records and Sale RecordsThe enterprise was given an administrative penalty.

In the course of investigation of this case, the party did not make rectification as required by the Customs, so the Customs, in accordance with the provisions of Article 126 and Article 129, Paragraph 2, of the Food Safety Law of the People's Republic of China and the Customs Administrative Penalty Discretion Criteria of the People's Republic of China (II) (GACC Announcement No. 187 of 2023) Article 6, Paragraph 2 and Item (18) of Annex 3 Criteria for Customs Simplified Procedures and Expedited Administrative Penalty Cases (II), given the party a warning.

Case 2

During the inspection, the Customs found that a trading enterprise did not establish import and sale records of food and food additives in accordance with the provisions of the Food Safety Law of the People's Republic of China, the Measures of the People's Republic of China for the Administration of Import and Export Food Safety and the Provisions on the Management of Food Import Records and Sale RecordsThe party concerned was exempted from administrative penalty since the rectification is completed within the prescribed time limit as required by the Customs.

In the process of investigation of this case, the party actively cooperated with the Customs to deal with illegal acts, and rectified in accordance with the requirements of the Customs within the prescribed time limit. According to Article 7, Paragraph 5 of the Customs Administrative Penalty Discretion Criteria of the People's Republic of China (II) (GACC Announcement No. 187 of 2023) and Annex 1 of the List of "Minor Offences Exempted from Penalties" for Customs Administrative Penalties (II), the party is exempted from administrative punishment, and the Customs provided written education to the party concerned in accordance with relevant regulations.

Food safety has become an issue that governments and food manufacturers attach great importance to. The Criminal Law of the People's Republic of China clearly convicts and punishes crimes involving food safety.

Source: Tianjin Customs 12360 Hotline

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