Separate Food Safety Supervision Dereliction Of Duty Crime

Separate food safety supervision dereliction of duty crime

Draft two reviewers separately listed food safety supervision dereliction of duty crime, revised the penalty conditions for food safety crimes, and strengthened the protection of the criminal law on food safety as a major livelihood issue.

The additional provisions of the draft stipulate that "the staff of state organs who are responsible for the supervision and management of food safety, who neglect their duties or abuse their powers, cause serious food safety accidents or cause other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and those who cause serious consequences shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years."

At the same time, the draft stressed: "if the crime of favoritism is committed in the preceding paragraph, it shall be given a heavier punishment."

In order to ensure food safety, the draft amendment to the criminal law (eight) also revised the two provisions.

According to the current criminal law, the production and sale of foods that do not conform to hygienic standards are enough to cause serious food poisoning accidents or other serious foodborne diseases. They shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. They shall also be punished separately. They shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be fined; if the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

The draft amendment (eight) of the criminal law has changed the "food that does not conform to hygienic standards" into "food that does not meet the food safety standards".

According to introducing, this kind of modification is to connect with the food safety law passed in 2009.

At the same time, the draft added a suitable condition for the second sentence of the article, that is, in addition to serious harm to human health, it added "or has other serious circumstances" to impose relevant penalties.

In addition, in the penalty provisions concerning "the incorporation of toxic, harmful non food raw materials in the production and sale of food, or the sale of foods that know clearly the contents of poisonous and harmful non food raw materials", the draft will remove the contents of "serious food poisoning accidents or other food borne diseases", that is, whether they are poisoned or sick, as long as they cause serious harm to human health, they will be punished.

At the same time, the clause also adds "or other serious circumstances" penalty conditions, strengthening the protection of food safety.