最高人民法院发布涉未成年人食品安全司法保护典型案例
Supreme People's Court issues typical cases of judicial protection of food safety involving minors.
据最高法网站消息，未成年人食品安全关系未成年人身体健康和生命安全，党和国家历来高度重视，社会公众高度关注。多年来，人民法院严格落实未成年人食品安全司法保护，深入贯彻未成年人保护法、食品安全法、消费者权益保护法等法律法规，将特殊、优先、双向、全面司法保护未成年人的政策理念贯彻到各个审判领域，强化与相关部门协作配合，为未成年人筑起食品安全屏障。
According to the Supreme Law website, the food safety of minors is related to the health and life safety of minors. The Party and the state have always attached great importance to it, and the public has paid close attention to it. Over the years, the people's courts have strictly implemented the judicial protection of food safety for minors, thoroughly implemented laws and regulations such as the Law on the Protection of Minors, the Food Safety Law and the Law on the Protection of Consumer Rights and Interests, implemented the policy concept of special, priority, two-way and comprehensive judicial protection of minors into various judicial fields, strengthened cooperation with relevant departments, and built food safety barriers for minors.
为充分发挥典型案例的评价、指引功能和警示、教育作用，最高人民法院此次发布四起涉及未成年人食品安全司法保护的典型案例。这四起案例主要有以下特点：
In order to give full play to the evaluation, guidance, warning and education functions of typical cases, the Supreme People's Court issued four typical cases involving judicial protection of food safety for minors. These four cases have the following characteristics:
一是事关未成年人日常食品和校园就餐安全。四起案例中，有三起涉及未成年人的日常食品，另一起涉及校园配餐，与未成年人日常生活、身体健康息息相关，意义深远。对这些发生在未成年人食品安全领域，贴近未成年人日常生活案件的精准裁判，是人民法院发挥未成年人刑事、民事和行政审判职能，严格落实有关未成年人食品安全法律规定，坚持依法从严惩处的立场，贯彻最有利于未成年人原则的生动实践。
First, it concerns the daily food and campus dining safety of minors. Of the four cases, three involved the daily food of minors, and the other involved campus meals, which were closely related to the daily life and physical health of minors and had far-reaching significance. The accurate judgment of these cases in the field of food safety of minors and close to the daily life of minors is a vivid practice of the people's courts to play the criminal, civil and administrative trial functions of minors, strictly implement the provisions of the law on food safety of minors, adhere to the position of strict punishment according to law, and implement the principle that is most beneficial to minors.
二是体现对侵害未成年人食品安全违法犯罪从严惩处的精神。向未成年人食品领域违法犯罪行为果断亮剑，对于维护未成年人身心健康、推动形成良好社会环境具有重要意义。例如，案例一是超范围添加食品添加剂的案件，消费者要求十倍惩罚性赔偿，法院判决予以支持。案例三是销售过期奶制品牟取利益的案件，大量过期食品流入市场，涉案金额大，最终被法院判处销售伪劣产品罪，追究刑事责任。对违法、犯罪行为依法从严惩处，彰显了人民法院从严从重打击侵害未成年人食品安全违法犯罪行为的坚定决心。
The second is to reflect the spirit of strict punishment for illegal crimes against minors' food safety. To resolutely show the sword of illegal and criminal acts in the field of food for minors is of great significance for maintaining the physical and mental health of minors and promoting the formation of a good social environment. For example, case 1 is the case of excessive addition of food additives, consumers demanded ten times punitive damages, and the court ruling supported it. The third case is the case of selling expired milk products for profit, a large number of expired food into the market, the amount involved is large, and finally was sentenced by the court to sell fake and inferior products, and investigated for criminal responsibility. The strict punishment of illegal and criminal acts in accordance with the law demonstrates the firm determination of the people's Court to severely crack down on illegal and criminal acts against minors' food safety.
三是聚焦人民群众普遍关注问题。案例的选取着眼于社会普遍关注的涉及未成年人食品安全的多发案件或典型案件。例如，案例二是销售者虚假宣传孕婴用品的案件，消费者受骗后提起诉讼，法院最终认定销售者属于以虚假或者引起误解的商品说明方式销售商品，构成欺诈，判决支持三倍惩罚性赔偿。案例四是涉及校园食品安全的行政纠纷案件，违法经营的食品导致18名学生发病，人民法院依法支持行政机关对违法经营食品企业予以严惩。这些案件为人民群众普遍关注。人民法院积极回应社会关切，对违法行为依法严惩，有利于净化市场，推动形成共建共治共享的未成年人食品安全治理格局。
Third, focus on issues of general concern to the people. The selection of cases focuses on multiple cases or typical cases involving minors 'food safety that are generally concerned by the society. For example, Case 2 is a case in which the seller falsely propagandizes pregnancy and infant products. After the consumer is deceived, the court finally finds that the seller sells the goods in the form of false or misleading commodity description, which constitutes fraud, and the judgment supports triple punitive damages. Case 4 is an administrative dispute case involving campus food safety. The illegal food management caused 18 students to fall ill. The people's court supported the administrative organ to severely punish the illegal food management enterprise according to law. These cases are of general concern to the masses. The people's courts actively respond to social concerns and severely punish illegal acts according to law, which is conducive to purifying the market and promoting the formation of a food safety governance pattern for minors that is co-constructed and shared.
集中发布这些典型案例，一方面是为了彰显人民法院坚持依法严惩各类危害未成年人食品安全违法犯罪不手软、坚持依法维护未成年人合法权益不松懈的鲜明立场和坚定决心，另一方面也希望进一步提升食品生产者、经营者以及公众的法律意识和食品安全意识，推动全社会构建食品生产经营健康发展秩序，共同努力为未成年人安全、健康成长营造良好的法治和社会环境。
The centralized release of these typical cases is, on the one hand, to demonstrate the clear stand and firm determination of the people's courts to severely punish all kinds of crimes endangering the food safety of minors in accordance with the law and to safeguard the legitimate rights and interests of minors in accordance with the law. On the other hand, it also hopes to further enhance the legal awareness and food safety awareness of food producers, operators and the public, promote the whole society to build a healthy development order of food production and management, and make joint efforts to ensure the safety of minors. Healthy growth creates a good legal and social environment.
下一步，针对涉未成年人食品安全问题，人民法院将重点开展以下三方面工作：一是充分发挥审判职能作用，进一步融合贯通涉未成年人刑事、民事、行政审判职能，全方位加强未成年人食品安全司法保护。二是加强与行政主管部门的沟通协作，畅通沟通渠道、健全协作机制，形成依法惩治食品领域违法犯罪行为的合力。三是加强食品安全和法律知识宣传，推动食品生产者、经营者及公众提升食品安全和法律意识，规范涉未成年人食品生产经营活动，用法治利剑守护未成年人食品安全。
In the next step, in view of the food safety problems involving minors, the people's courts will focus on the following three aspects of work: first, give full play to the judicial function, further integrate the criminal, civil and administrative trial functions involving minors, and strengthen the judicial protection of food safety for minors in an all-round way. Second, strengthen communication and cooperation with administrative departments, smooth communication channels, improve cooperation mechanisms, and form joint efforts to punish illegal and criminal acts in the food field according to law. Third, strengthen the propaganda of food safety and legal knowledge, promote food producers, operators and the public to enhance food safety and legal awareness, standardize food production and operation activities involving minors, and protect food safety of minors with the sword of rule of law.
案例1
case 1
李某诉某乳业公司产品责任纠纷案
Li Mou v. A Dairy Company Product Liability Dispute Case
——超范围添加食品添加剂不符合食品安全标准，消费者有权要求十倍惩罚性赔偿
--Over-range addition of food additives does not meet food safety standards, consumers have the right to claim ten times punitive damages
基本案情
basic case
2019年5月18日、5月19日，李某购买某乳业公司生产的固体饮料18罐，单价每罐328元，共计5904元。该产品配料表上标注：葡萄糖浆、植物脂肪粉、氨基酸等配料。其中，氨基酸括号内标注有L-赖氨酸、L-蛋氨酸、L-色氨酸、L-酪氨酸等成分。李某认为L-赖氨酸、L-蛋氨酸、L-酪氨酸、L-色氨酸等4种氨基酸允许使用的食品类别中不包括固体饮料，案涉产品构成超范围添加，诉请某乳业公司退回购物款5904元并承担10倍货款赔偿。某乳业公司抗辩认为，案涉产品中标示的L-赖氨酸、L-蛋氨酸、L-酪氨酸、L-色氨酸系氨基酸复合物，是通过特殊工艺即蛋白质加酶制剂水解而成，系以改性形式存在而非添加的物质，配料表相关表述和食品安全符合国家标准。
On May 18 and May 19,2019, Li bought 18 cans of solid drinks produced by a dairy company, with a unit price of 328 yuan per can, totaling 5904 yuan. The ingredients list of the product is marked with glucose syrup, vegetable fat powder, amino acids and other ingredients. Among them, amino acid brackets are marked with L-lysine, L-methionine, L-tryptophan, L-tyrosine and other components. Li believes that L-lysine, L-methionine, L-tyrosine, L-tryptophan and other four amino acids are allowed to use food categories do not include solid beverages, the products involved in the case constitute an over-range addition, sue a dairy company to refund the purchase price of 5904 yuan and bear 10 times the compensation for the purchase price. A dairy company argues that L-lysine, L-methionine, L-tyrosine and L-tryptophan marked in the products involved in the case are amino acid complexes, which are hydrolyzed by a special process, i.e. protein plus enzyme preparation, and exist in modified form rather than added substances. The relevant expressions of ingredient list and food safety conform to national standards.
裁判结果
referee results
法院经审理认为，根据《食品安全国家标准食品营养强化剂使用标准》(GB14880-2012)规定，L-赖氨酸允许使用的食品类别不包含固体饮料，但案涉产品系蛋白固体饮料，并非可以添加上述氨基酸的食品。某乳业公司作为食品生产者，未能举证证明另外三种氨基酸能够用于非特殊膳食用食品和其化合物来源，未能举证证明该三种氨基酸能够用于案涉食品，应承担对其不利的法律后果。原告李某购买18罐固体饮料的行为符合当地生活消费购买习惯，某乳业公司作为生产者，生产的产品不符合《食品安全国家标准食品营养强化剂使用标准》的规定，法院判决其支付十倍货款的惩罚性赔偿金59040元。
The court held that according to the provisions of the "National Standard for Food Safety Standards for the use of food Nutrition Supplements" (GB14880-2012), the food category allowed to use L-lysine does not contain solid drinks, but the product in question is a protein solid drink, not a food that can add the above amino acids. If a dairy company, as a food producer, fails to prove that the other three amino acids can be used in non-special dietary foods and the source of their compounds, and fails to prove that the three amino acids can be used in the food in question, it should bear adverse legal consequences against it. The plaintiff, Li, purchased 18 cans of solid drinks in line with local consumption and purchasing habits, and a dairy company, as a producer, produced products that did not meet the provisions of the "Food Safety National Standards for the use of food nutrition fortifier", and the court decided to pay ten times the amount of punitive damages of 59,040 yuan.
典型意义
typical significance
食品安全是重大的基本民生问题，特别是婴幼儿食品安全事涉千万家庭，国家对婴幼儿食品安全制定了严格的标准。本案例涉及婴幼儿最常见的配方粉固体饮料，通过明确固体饮料中氨基酸属于超范围添加进而影响食品安全，判决生产者支付十倍惩罚性赔偿金，彰显了人民法院保护婴幼儿食品安全的坚定决心，也为同类案件提供参考。
Food safety is a major basic livelihood issue, especially infant food safety concerns millions of families, and the state has formulated strict standards for infant food safety. This case involves the most common formula powder solid beverage for infants. By clarifying that amino acids in solid beverage belong to excessive addition and affect food safety, the producer is sentenced to pay ten times punitive damages, which demonstrates the firm determination of the people's court to protect infant food safety and provides reference for similar cases.
案例2
case 2
颜某诉某孕婴用品店买卖合同纠纷案
Yan Mou v. A Pregnancy and Baby Goods Store Sales Contract Dispute Case
——销售者虚假宣传，消费者有权要求三倍赔偿
--Sellers falsely advertise, consumers have the right to claim triple compensation
基本案情
basic case
颜某因女儿喝普通奶粉过敏，自2018年4月起到某孕婴用品店购买某产品作为奶粉的替代品。2020年5月14日颜某再次到某孕婴用品店购买该产品，询问某孕婴用品店的经营者关某该产品的性能，关某明确表示该产品能“调节过敏体质”。颜某对此进行了录音录像。后颜某向当地市场监督管理局进行举报，称某孕婴用品店宣称商品能调节过敏症状，既构成虚假宣传行为，又构成引人误解的宣传行为，已造成举报人的误解，导致其购买并长期给孩子使用固体饮料。2021年7月23日，市场监督管理局作出某市监处字[2021]第108号行政处罚决定书，以某孕婴用品店构成虚假宣传为由，责令某孕婴用品店停止违法行为并处罚款30万元等。后颜某起诉至法院，要求某孕婴用品店返还价款并支付惩罚性赔偿金。
Because her daughter was allergic to drinking ordinary milk powder, Yan bought a product as a substitute for milk powder from a maternity and baby supplies store in April 2018. On May 14, 2020, Yan once again went to a maternity and baby supplies store to buy the product, and asked the operator of a maternity and baby supplies store to close the performance of the product, and Guan made it clear that the product can "regulate allergies". Yan made a video recording of this. After Yan to the local market supervision bureau to report, said that a pregnancy and baby products store claimed that goods can regulate allergy symptoms, both constitute false propaganda behavior, and constitute misleading propaganda behavior, has caused the informant misunderstanding, leading to its purchase and long-term use of solid drinks for children. On July 23, 2021, the Market Supervision Administration made a city supervision office word [2021] No. 108 administrative penalty decision, on the grounds that a maternity and baby products store constituted false publicity, ordered a maternity and baby products store to stop illegal acts and fined 300,000 yuan. After Yan sued to the court, requiring a maternity and baby supplies store to return the price and pay punitive damages.
裁判结果
referee results
法院经审理认为，根据《中华人民共和国食品安全法》的规定，生产经营者对其提供的标签、说明书的内容负责；食品广告的内容应当真实合法，不得含有虚假内容，不得涉及疾病预防、治疗功能；食品生产经营者对食品广告内容的真实性、合法性负责。我国对特殊食品有更严格的监管规定。因此，无论是普通食品还是特殊食品均不得涉及疾病预防、治疗功能的宣传。某孕婴用品店故意以“调节过敏体质”的说辞误导消费者，属于以虚假或者引人误解的商品说明方式销售商品，构成欺诈。根据《中华人民共和国消费者权益保护法》第五十五条的规定，消费者有权要求按消费金额的三倍赔偿。遂判决某孕婴用品店退还货款并向颜某支付价款三倍惩罚性赔偿金54624元。
The court held that according to the provisions of the Food Safety Law of the People's Republic of China, the producers and operators are responsible for the contents of the labels and instructions provided by them; The contents of food advertisements shall be true and legal, shall not contain false contents, and shall not involve the function of disease prevention and treatment; Food producers and traders shall be responsible for the authenticity and legality of the contents of food advertisements. Our country has stricter regulations on special foods. Therefore, whether ordinary food or special food shall not involve the promotion of disease prevention and treatment functions. A maternity and baby products store deliberately misleads consumers with the rhetoric of "adjusting allergies", which belongs to the sale of goods in a false or misleading description, constituting fraud. According to Article 55 of the Law on the Protection of the Rights and Interests of Consumers of the People's Republic of China, consumers have the right to claim compensation of three times the amount of consumption. Therefore, a judgment was made that a maternity and baby supplies store returned the payment and paid three times the price of punitive damages of 54,624 yuan to Yan.
典型意义
typical significance
婴幼儿食品直接关乎未成年人的健康成长。现实生活中，存在虽然产品质量合格但销售者虚假宣传的情形。本案中，销售者宣称售卖的固体饮料能够调节过敏体质，误导消费者，会给婴幼儿身体造成损害。此类行为在当前侵害未成年人食品安全行为中具有典型性，该案判决对遏制虚假宣传，倡导诚信经营，推动构建食品生产经营健康秩序，具有重要意义。
Infant food is directly related to the healthy growth of minors. In real life, although the product quality is qualified, there are cases of false propaganda by sellers. In this case, the seller claimed that the solid drinks sold could regulate allergies, mislead consumers, and cause harm to infants and young children. This kind of behavior is typical in the current food safety violations against minors, and the judgment of this case is of great significance to curb false propaganda, advocate honest management, and promote the construction of a healthy order of food production and management.
案例3
case 3
被告人靳某销售伪劣产品案
Defendant Jin sold counterfeit products
——篡改生产日期销售过期奶制品，被依法追究刑事责任
_Tampering with the date of production and selling expired dairy products is investigated for criminal responsibility according to law
基本案情
basic case
2021年3月至2021年11月，被告人靳某为牟取非法利益，通过欧某大量收购超过保质期的奶制品，并利用其作为经销商的便利，在内部经销商网挑选可在市场售卖的批号，在某省某地设立加工窝点，组织贺某、贺某某、高某及吴某(均另案处理)等人通过喷涂篡改产品原生产日期和批号冒充新日期产品后，销往个别省份。经统计，靳某向经销商等销售过期奶制品，已销售金额272142元、未销售货值23498元。其中，扣押在案的部分产品经生产厂家比对认定为被篡改生产批号和日期产品，导致溯源不能。检察机关指控被告人靳某犯生产、销售伪劣产品罪。
From March 2021 to November 2021, the defendant Jin Mou, in order to obtain illegal benefits, purchased a large number of dairy products beyond the shelf life through Ou mou, and took advantage of its convenience as a dealer, selected batch numbers that could be sold in the market in the internal dealer network, and set up processing centers in a province and a place. Organize He Mou, He Mou, Gao Mou and Wu Mou (all handled in a separate case) and other people through spraying tampering with the original production date and batch number of products as new date products, sold to individual provinces. According to statistics, Jin Mou sold expired milk products to distributors, and the amount of sales has been 272,142 yuan, and the value of unsold goods is 23,498 yuan. Among them, some of the detained products were identified by the manufacturer as tampered with the production batch number and date of the product, resulting in traceability can not be. The prosecution accused the defendant Jin Mou of producing and selling fake and inferior products.
裁判结果
referee results
法院经审理认为，被告人靳某结伙将他人生产的超过保质期的奶制品以更改生产日期、保质期、改换包装等方式销售牟取利益，已销售金额272142元、未销售货值23498元，其行为已构成销售伪劣产品罪。靳某在共同犯罪中起主要作用，系主犯。被告人靳某犯销售伪劣产品罪，判处有期徒刑三年三个月，并处罚金人民币二十万元，违法所得予以没收。
After hearing, the court held that the defendant Jin formed a gang to sell the milk products produced by others beyond the shelf life by changing the production date, shelf life, changing packaging and other ways for profit. The sold amount was 272142 yuan, and the unsold value was 23498 yuan, which constituted the crime of selling fake and inferior products. Jin played a major role in the joint crime and was the principal offender. Defendant Jin committed the crime of selling fake and inferior products and was sentenced to three years and three months in prison and fined RMB 200,000 yuan. The illegal income was confiscated.
典型意义
typical significance
未成年人食品安全一直是社会关注的焦点。销售超过保质期的奶制品，具有较高的食品安全风险和社会危害性，为食品安全法明令禁止，构成犯罪的，应依法追究刑事责任。本案被告人为牟取非法利益，利用身为奶制品经销商的便利，结伙收购、倒卖超过保质期的奶制品，涉案金额大，影响范围广，法院对其依法定罪判刑，体现了对危害儿童食品安全行为绝不姑息的态度，有利于规范涉未成年人食品经营活动，为未成年人成长提供食品安全保障。
Underage food safety has always been the focus of social attention. If the sale of dairy products beyond the shelf life has a high food safety risk and social harm, it is expressly prohibited by the food safety Law and constitutes a crime, criminal responsibility shall be investigated according to law. The defendant in this case, in order to obtain illegal benefits, took advantage of the convenience of being a dairy product distributor, formed a gang to purchase and resell dairy products beyond the shelf life, involving a large amount of money and a wide range of influence. The court convicted and sentenced him according to law, reflecting the attitude of never tolerating acts endangering children's food safety, which is conducive to regulating food business activities involving minors. Provide food safety guarantee for the growth of minors.
案例4
case 4
某餐饮管理公司诉某区市场监督管理局行政处罚案
A Catering Management Company v. Administrative Punishment Case of a District Market Supervision Administration
——给学校提供受污染午餐，法院支持行政机关依法严惩
_Contaminated lunches are provided to schools, and courts support administrative organs to severely punish them according to law
基本案情
basic case
某餐饮管理公司向某市共计9所中小学校提供午餐。2020年9月3日共提供午餐11887份，每份午餐价格为10元。2020年9月4日，当地市场监督管理局接到多起报案线索，称9月3日就餐结束后，多所学校多名学生出现了腹痛、腹泻症状而被紧急送医。市场监督管理局立即会同有关部门到该公司的经营场所现场调查，发现某餐饮管理公司在上述学校午餐的存储、加工、配送过程中，存在员工裸手取食烹煮食物、未及时洗手消毒或更换清洁手套、传菜过程中食物堆叠、常温供餐时间过长等违规操作情形。经某区疾病预防控制中心讨论分析认定，本案中涉及食用某餐饮管理公司配餐导致感染的中小学生共计18人，类似病症是因食用了受污染午餐导致的聚集性食源性疾病。市场监督管理局在法定期限内，经法定程序调查后，于2021年7月12日作出行政处罚决定，认为某餐饮管理公司的行为违反了《中华人民共和国食品安全法》第三十四条、第五十四条第一款及《学校食品安全与营养健康管理规定》第四十条第一款之规定，构成了经营污秽不洁食品、未按要求进行食品贮存、未按要求留样的违法行为，并依照《中华人民共和国食品安全法》第一百二十四条、第一百三十二条及《学校食品安全与营养健康管理规定》第五十六条之规定，责令某餐饮管理公司立即改正违法行为，给予警告，罚款1901920元。某餐饮管理公司对处罚决定不服，诉至人民法院。
A catering management company provided lunch to a total of nine primary and secondary schools in a city. On September 3, 2020, a total of 11887 lunches were served at a price of 10 yuan per lunch. On September 4, 2020, the local market Supervision Administration received a number of reports, saying that after the end of the meal on September 3, many students in many schools had abdominal pain and diarrhea symptoms and were urgently sent to the hospital. The Market Supervision Administration immediately jointly with relevant departments to the company's business site on-site investigation, found that a catering management company in the above school lunch storage, processing, distribution process, there are employees naked hands to eat and cook food, did not timely wash and disinfect or change clean gloves, food stacking during the transfer process, room temperature meal delivery time is too long and other illegal operations. After discussion and analysis by a district Center for Disease Control and Prevention, the case involved a total of 18 primary and secondary school students infected by eating a catering management company's meals, and similar diseases were clustered food-borne diseases caused by eating contaminated lunches. The Market Supervision Administration made an administrative punishment decision on July 12, 2021 after investigation through legal procedures within the statutory time limit, holding that the behavior of a catering management company violated the provisions of Article 34 and Article 54 (1) of the Food Safety Law of the People's Republic of China and Article 40 (1) of the Provisions on the Management of School Food Safety and Nutrition and Health. Constitutes the illegal act of operating dirty and unclean food, failing to store food as required, failing to retain samples as required, and in accordance with the provisions of Article 124 and 132 of the Food Safety Law of the People's Republic of China and Article 56 of the Provisions of the School Food Safety and Nutrition and Health Management, order a catering management company to immediately correct the illegal act and give a warning. The fine was $190,920. A catering management company refused to accept the punishment decision and appealed to the people's court.
裁判理由
Reason for decision
法院经审理认为，市场监督管理局在案发后立即对某餐饮管理公司的经营场所进行了现场调查，询问了相关生产经营情况，同时调取了生产经营中的操作监控视频，查明某餐饮管理公司在存储、加工、配送午餐过程中存在操作不规范情形。疾病预防控制中心作为专业机构，同时对案涉食品事件开展了流行病学调查及实验室检测，并出具了《关于某区学生聚集性食源性疾病的结案报告》，对本案聚集性食源性疾病的原因及可疑食物污染来源予以查实，得出本次疾病系一起因食用了受污染午餐导致的聚集性食源性疾病的结论，餐次为9月3日午餐，致病因子是副溶血性弧菌。因此，市场监督管理局认定某餐饮管理公司配送的午餐为污秽不洁食品事实清楚、证据确凿，同时处罚适用法律正确、量罚适当、程序合法。遂依法驳回了某餐饮管理公司的诉讼请求。
After hearing, the court held that the Market Supervision Administration immediately conducted an on-site investigation on the business premises of a catering management company after the crime, inquired about the relevant production and operation conditions, and obtained the operation monitoring video in the production and operation to find out that there were irregular operations in the process of storing, processing and distributing lunch by a catering management company. As a professional institution, the Center for Disease Control and Prevention has carried out epidemiological investigation and laboratory test on the food-related incidents at the same time, and issued the Closing Report on Student Aggregation Foodborne Diseases in a District, verified the causes of the aggregated foodborne diseases and suspected food pollution sources in this case, and concluded that this disease is an aggregated foodborne disease caused by eating contaminated lunch. The meal was lunch on September 3, and the pathogenic factor was Vibrio parahaemolyticus. Therefore, the Market Supervision Administration determined that the lunch delivered by a catering management company was dirty and unclean food with clear facts and conclusive evidence. At the same time, the applicable law was correct, the punishment was appropriate and the procedure was legal. Therefore, the lawsuit of a catering management company was rejected according to law.
典型意义
typical significance
近年来，关于中小学生配餐引发的食品安全问题时有发生，引发家长和公众担忧。本案系一起典型中小学食品安全事件。市场监督管理局在有关政府部门配合下，对涉事食品生产企业的生产、储存、配送等各环节进行了深入细致的调查，并依法进行处罚。人民法院对行政处罚行为依法予以支持，对危害学生身体健康的行为坚决说“不”。人民法院通过依法公正履行审判职能，推动形成各方履责，齐抓共管，合力共治的工作格局，规范食品生产企业的生产经营秩序，守护中小学生“舌尖上的安全”。
In recent years, food safety problems caused by catering for primary and secondary school students have occurred from time to time, causing concern among parents and the public. This case is a typical food safety incident in primary and secondary schools. With the cooperation of relevant government departments, the Market Supervision Administration has conducted in-depth and detailed investigations into the production, storage and distribution of the food production enterprises involved, and imposed penalties according to law. The people's court supports administrative punishment according to law and firmly says "no" to acts endangering students 'health. The people's courts, by performing their judicial functions impartially in accordance with the law, promote the formation of a working pattern in which all parties fulfill their responsibilities, jointly manage and jointly govern, standardize the production and operation order of food production enterprises, and protect the "safety on the tip of the tongue" of primary and secondary school students.
