This year, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases Hazardous to Food Safety" (hereinafter referred to as "Judicial Interpretation"), which was implemented on May 4, 2013. What new rules are there for new criminal interpretations for pesticides entering the country? The following pesticide network Xiaobian takes you to listen to the "judicial interpretation."
The first is in production and operation. Article 11 (2) and (3) of the Judicial Interpretation stipulates that the production, sale of pesticides prohibited by the State from production, sale or use shall be criminalized in accordance with the provisions of Article 225 of the Criminal Law. Punishment; at the same time constitutes the crime of producing and selling counterfeit and inferior products (Article 140 of the Criminal Law), and other crimes such as the crime of producing and selling counterfeit pesticides (Article 147 of the Criminal Law), and conviction and punishment according to the provisions of heavier punishment.
Followed by the use. The first is to disable. Article 30, paragraph 3 of the Judicial Interpretation stipulates that “the pesticides prohibited by the relevant departments of the State Council†shall be recognized as “toxic and harmful non-food raw materialsâ€. Article 9, paragraph 2, of the Judicial Interpretation stipulates that in the process of planting, breeding, selling, transporting and storing edible agricultural products, the use of banned substances such as biological pesticides or other toxic or harmful substances shall be used in accordance with the Criminal Law. The provisions of the four articles are convicted and punished for the crime of producing and selling toxic or harmful food.
The third is limited. Article 27, paragraph 2, of the Judicial Interpretation stipulates that “a highly toxic and highly toxic pesticide shall not be used for the control of sanitary pests, and shall not be used for vegetables, fruits, tea and Chinese herbal medicinesâ€, in accordance with Article 20 of the Judicial Interpretation. The first paragraph stipulates that “laws and regulations prohibit substances added or used in food production and management activitiesâ€, and the restriction of pesticides shall also be recognized as “toxic and harmful non-food raw materialsâ€.
Finally, the pesticide is over- or over-range. Article 8 (2) of the Judicial Interpretation stipulates that “in the process of planting, breeding, selling, transporting and storing edible agricultural products, violation of food safety standards, excessive or excessive abuse of pesticides, etc., is sufficient to cause serious food poisoning accidents or other In case of serious foodborne illness, the conviction and punishment for the production and sale of food that does not meet the safety standards shall be punishable in accordance with the provisions of Article 143 of the Criminal Law. According to the first paragraph of Article 1 of the Judicial Interpretation, edible agricultural products with pesticide residues exceeding the standard limit shall be deemed to be “sufficient to cause serious food poisoning accidents or other serious foodborne diseases as stipulated in Article 143 of the Criminal Law. "The situation."
China Pesticide Network believes that this interpretation will include edible agricultural products into the food category, and incorporate the entire chain of food production and management into laws and regulations, making up for the previous legal gaps in the use of pesticides in violation of regulations, and effectively protecting people's interests.
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