Clinics were fined for using expired medical devices in Xi’ an, and these typical cases in the field of people’s livelihood were notified.

On June 10th, the headline reporter of Western Network Shaanxi learned that since the deployment of the "Iron Fist" action to investigate and deal with cases in the field of people’s livelihood this year, the Xi ‘an Municipal Market Supervision Bureau has focused on outstanding issues in key areas of people’s livelihood, public opinion and people’s expectations, and cracked down on ten categories, such as adulteration of edible oil, illegal addition of food such as claiming to lose weight and strengthen yang, false propaganda in the field of medical beauty, illegal measurement in the field of food purchase and sale, overdue inspection of elevators, and "bottomless marketing" for minors.

In order to further deter offenders and warn operators, the first batch of typical cases in the field of people’s livelihood in 2022 are now announced.

Case 1: Qingshuiwan Aquatic Products Wholesale Department in Qujiang New District of Xi ‘an was fined 20,000 yuan for selling unqualified live bass.

Summary of the case: In December, 2021, weiyang district Market Supervision Bureau of Xi ‘an received a report of unqualified food inspection, claiming that the live perch operated by Qingshuiwan Aquatic Products Wholesale Department of Qujiang New District of Xi ‘an was tested by Shaanxi Institute of Product Quality Supervision and Inspection, and the enrofloxacin project did not meet the requirements of GB 31650-2019 "Maximum Residue Limits of Veterinary Drugs in Food", and the inspection conclusion was unqualified.

On December 10th, 2021, law enforcement officers inspected Qingshuiwan Aquatic Products Wholesale Department in Qujiang New District, Xi ‘an, and the parties concerned could not provide the Business License, purchase receipts and test reports of the suppliers who sampled batches of bass. Upon inquiry and access to the relevant information provided by the parties, it is found that the illegal facts of the case of Qingshuiwan Aquatic Products Wholesale Department in Qujiang New District of Xi ‘an dealing in edible agricultural products with veterinary drug residues exceeding the food safety standards are established, and the illegal sales amount is 320 yuan and the illegal income is 320 yuan.

The above-mentioned behavior of the parties violates the second paragraph of Article 25 of the Measures for the Supervision and Administration of the Quality and Safety of the Marketing of Edible Agricultural Products, and it is prohibited to sell agricultural products with veterinary drug residues exceeding the food safety standards. According to the second paragraph of Article 50 of the Measures for the Supervision and Administration of the Quality and Safety of Marketing of Edible Agricultural Products and the provisions of Article 124 of the Food Safety Law of People’s Republic of China (PRC), the weiyang district Municipal Market Supervision Bureau decided to impose the following penalties on the parties: 1. Confiscate the illegal income of RMB and 320 yuan; 2. A fine of RMB 20,000. ?

Case 2: Beijing Siji Youxuan Information Technology Co., Ltd. Xi ‘an No.3 Branch was fined 50,000 yuan for allegedly selling unqualified Pipi shrimp.

Summary of the case: After the supervision and sampling inspection by Xi ‘an Municipal Market Supervision Bureau, the heavy metal cadmium of Pipi shrimp sold by Xi ‘an No.3 Branch of Beijing Four Seasons Optimization Information Technology Co., Ltd. did not meet the national food safety standards. After investigation, it was found that the cadmium project of Pipi shrimp sold by the party concerned did not meet the requirements of GB2762-2017 "Limits of Pollutants in Food Safety National Standards", and the party concerned did not strictly fulfill the obligation to check and record the incoming goods. The unqualified Pipi shrimp was purchased for a total of 4 kg, the purchase price was 90 yuan/kg, and the price was 108 yuan/kg. After all the sales were completed, the illegal income was 432 yuan.

The above-mentioned behavior of the parties violates the provisions of Article 25 (2) and Article 26 (1) of the Measures for the Supervision and Administration of the Quality and Safety of Marketing of Edible Agricultural Products, and is an act of prohibiting the sale of agricultural products with heavy metal content exceeding the food safety standards and failing to fulfill the obligation of incoming inspection. In view of the fact that the parties have been actively cooperating in the investigation of the case, truthfully stating the illegal facts and actively providing evidence materials, and actively carrying out rectification, which conforms to the provisions of Article 10, paragraph 1, of the Rules for the Application of Administrative Punishment Discretion of Shaanxi Provincial Market Supervision Administration, the punishment may be lighter or mitigated.

According to the second paragraph of Article 50 of the Measures for the Supervision and Administration of the Quality and Safety of Marketing of Edible Agricultural Products and the first paragraph of Article 124 of the Food Safety Law of People’s Republic of China (PRC), the weiyang district Municipal Market Supervision Bureau ordered the parties concerned to correct the above-mentioned illegal acts and made the following penalties: 1. Confiscation of illegal income of RMB 432; 2. A fine of RMB 50,000. ?

Case 3: Zhang Ruifeng Clinic in Baqiao District, Xi ‘an was fined 45,000 yuan for using expired and unregistered medical devices.

Summary of the case: When law enforcement officers of Baqiao District Market Supervision Bureau of Xi ‘an supervised and inspected Zhang Ruifeng Clinic in Baqiao District, it was found that ① occlusal paper ② dental zinc phosphate cement ③ temporary filling strips ④ No.35 and No.25 gutta percha tips were out of date, among which No.35 and No.25 gutta percha tips were unregistered medical devices.

The behavior of the parties concerned violates the provisions of Article 55 of the Regulations on the Supervision and Administration of Medical Devices (2021), which belongs to the operation and use of medical devices that are not registered according to law and have expired. According to the third paragraph of Article 86 of the Regulations on the Supervision and Administration of Medical Devices, Baqiao District Market Supervision Bureau ordered the parties to correct the above illegal acts and made the following penalties: 1. Confiscate expired medical devices; 2. A fine of RMB 45,000. ?

Case 4: Xi ‘an Yunyang Food Co., Ltd. was fined 59,780 yuan for producing and selling fresh noodles that used food additives beyond the scope.

Summary of the case: The market supervision bureau of Gaoling District of Xi ‘an received the inspection report with the number №: VPAEI09A247688F6 in the national food safety sampling information system. The report showed that the fresh noodles produced by Xi ‘an Yunyang Food Co., Ltd. of Gaoling District on October 12, 2021 were supervised and sampled, and the dehydroacetic acid and its sodium salt (calculated by dehydroacetic acid) did not meet the GB 2760-2014 National Food Safety Standard for the Use of Food Additives. Law enforcement officers delivered the above inspection report to the parties on November 8, 2021, and checked the food safety reasons in the production areas of the parties on the same day.

After investigation, the parties involved in the production of fresh noodles totaled 100 Jin. In order to ensure the shelf life of the produced food, the products were not added in strict accordance with the use standards and scope of food additives, resulting in the use of food additives in the production of fresh noodles beyond the scope. After inspection, dehydroacetic acid and its sodium salt (calculated by dehydroacetic acid) did not meet the national food safety standards. As of the date of verification, all the 100 Jin fresh noodles produced by the parties on the same day were sold to Shaanxi Yunheli Trading Co., Ltd. at the price of 2.2 yuan per Jin, and the illegal income was obtained in 220 yuan.

The above-mentioned behavior of the parties concerned violates the provisions of Item 4 of Article 34 of the Food Safety Law of People’s Republic of China (PRC), and belongs to the food behavior of using food additives beyond the scope of production and operation. In view of the fact that after receiving the report, the parties actively cooperate with the rectification of the production area, truthfully account for the illegal facts, and provide evidence materials on their own initiative, which conforms to the provisions of Article 10, paragraph 1, of the Rules for the Use of Administrative Punishment Discretion of Shaanxi Provincial Market Supervision Administration, the punishment may be lighter or mitigated. According to Item 3, Paragraph 1, Article 124 of People’s Republic of China (PRC) Food Safety Law, the Gaoling District Market Supervision Bureau decided to impose the following administrative penalties on the parties: 1. Confiscate the illegal income of RMB and 220 yuan; 2. A fine of RMB 59,780. ?

Case 5: The self-supporting project of Longhui Kindergarten in Lianhu District, Xi ‘an (extending the class) was fined.

Summary of the case: In the daily supervision and inspection, the Market Supervision Bureau of Lianhu District of Xi ‘an found that the self-reliance project of Longhui Kindergarten in Lianhu District charged fees. From September 2020 to November 2021, the extension class was held for a total of four months, and the illegal income totaled 4,485 yuan.

The above-mentioned behavior of the parties violates the provisions of Item 5 of Article 9 of the Provisions on Administrative Punishment for Price Violations and Article 12 of the Detailed Rules for the Implementation of Kindergarten Fees Management in Shaanxi Province, and it is an act of not implementing government-guided prices and government pricing. According to Item 5 of Article 9 of the Provisions on Administrative Penalties for Price Violations, Lianhu District Market Supervision Bureau decided to impose the following penalties on the parties: 1. Confiscate the illegal income of RMB 4,485; 2. A fine of RMB 11,212.5. ?

If all kinds of illegal acts in the field of market supervision are found, the masses are welcome to actively supervise and call 12315 or 12345 to make complaints and reports. Once verified, the market supervision department of Xi ‘an will seriously investigate and expose it according to law, and those suspected of committing crimes will be transferred to public security organs for criminal responsibility according to law.

Source: Western Network-Shaanxi News Network