Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues Concerning the Application of Law in Criminal Cases of Endangering Food Safety

Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues Concerning the Application of Law in Criminal Cases of Endangering Food Safety

Fa Shi [2013] No.12

May 2, 2013

The Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues Concerning the Application of Law in Criminal Cases of Endangering Food Safety were adopted at the 1576th meeting of the Judicial Committee of the Supreme People's Court on April 28, 2013 and the 5th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on April 28, 2013. It is now promulgated for implementation as of May 4, 2013.

For the purpose of punishing endangering food safety crimes, protecting the health and life safety of the masses, in accordance with the Criminal Law, certain issues concerning applicable of law in such criminal cases are explained as follows:

Article 1 Production and sale of food not in compliance with the food safety standards shall be deemed as "thus causing an accident of serious food poisoning or resulting in any serious disease caused by food-borne bacteria" as specified in Article 143 of the Criminal Law if falling under one of the following circumstances:
1. Containing invasive organism, pesticide residue, veterinary drug residue, heavy metal, pollutants and other hazardous substances to human health which seriously exceed the standard limit;
2. Falling under the scope of farm animals, fowls, livestock and aquatic animals dead from disease or for unknown reason s or without passing the inspection and quarantine, or under the scope of the meat or meat products thereof;
3. Production and sale of food are banned by explicit order of the State for disease prevention and control or other special purposes;
4. The nutrient content in infant food for growth and development is seriously not in conformity with the food safety standards;
5. Other circumstances that may cause an accident of serious food poisoning or resulting in any serious disease caused by food-borne bacteria.

Article 2 Production and sale of food not in compliance with the food safety standards shall be deemed as "serious harm is done to human health" as specified in Article 143 of the Criminal Law if falling under one of the following circumstances:
1. Causing slight injury or above;
2. Causing mild or moderate disability;
3. Causing organ or tissue damage and thus resulting in general or severe dysfunction;
4. Causing serious food poisoning or resulting in any serious disease caused by food-borne bacteria to more than ten persons;
5. Other circumstances that may cause serious harm to human health.

Article 3 Production and sale of food not in compliance with the food safety standards shall be deemed as "other serious circumstances" as specified in Article 143 of the Criminal Law if falling under one of the following circumstances:
1. The amount of production and sale exceeds CNY200,000;
2. The amount of production and sale is between CNY100,000 to CNY200,000, seriously not in conformity with the quantity as specified in the food safety standards or such production and sale lasts for a long period;
3.
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