Minor illegal acts are exempted from punishment jiangsu Market Supervision Bureau announced ten typical cases

2022-05-31 0 By

In the past two years, jiangsu market supervision departments at all levels have adhered to the principle of combining overall supervision standards with support for development, and have exempted more than 6,000 minor illegal operators in the province.On February 17, jiangsu Market Supervision Bureau released ten typical cases of minor illegal acts being exempted from punishment in the market supervision field.A grocery store in Qidu town, Wujiang district, Suzhou, is selling dried eggs on its Taobao platform with the word “low fat” in the title, but the package says the fat content is “15.3g per 100g”.It is higher than the “low fat” standard stipulated in Appendix C of “General Rules for Nutrition Labeling of Pre-packaged Food of National Standards for Food Safety” (GB28050-2011), and violates article 4 of the “Advertising Law”, “Advertisements shall not contain false or misleading content, and shall not deceive and mislead consumers”.In addition, the sale of eight Jane cake products in taobao platform used in the details “benefits the spleen and stomach” advertising diction, in violation of the “advertisement law” article 17 “in addition to the medical, pharmaceutical, medical equipment ads, prohibit any other advertising involves the treatment function, and shall not use medical terms or easy make selling goods confused with drugs, medical devices”.Results: In view of the short operation time of the party concerned, the illegal behavior is minor and corrected in time, actively cooperate with the investigation, and handle the return for the complainant, without punishment according to law.Law enforcement officers learned that the shop operator, as a disabled person, still insisted on starting his own business, and took the initiative to explain to him the operation norms of online e-commerce, guide him to check the missing contents of the website propaganda, and encourage him to stand on his own two legs and start his own business legally.”Seafood juice” produced by a food co., Ltd. in Jiangsu province, the fat value on the nutrition ingredients label does not comply with the provisions of the National Food Safety Standard General Principles for Nutrition Labeling of Prepagged Food (GB28050-2011).It is marked as “0.4g/100g”, and the value is less than 0.5g. According to gb28050-2011, the value less than 0.5g should be marked as “0”.The above behavior violates the provisions of Article 67 of the Food Safety Law on pre-packaged food labels.Processing result: The party concerned submitted the factory inspection report of the “seafood juice” involved in the case and the inspection report issued by the third-party testing agency. The inspection result showed that the fat content was 0.4g/100g, which was consistent with the value on the product label.In view of the legal qualification of the production subject of the party concerned, the marked value is the measured value, and the marked value is clear and accurate, which ensures consumers’ right to know, does not affect food safety and does not mislead consumers. At the same time, the party concerned has made timely rectification of product labels as required, and will not be punished according to law.Advertising “most” word to be careful to use suzhou some robot group Co., Ltd. in the case of no relevant basis, in the company’s official website released “the world’s first 7-axis multi-functional industrial robot” and other propaganda content, in violation of the “advertising law” 9 “advertising shall not have the following situation:……(3) provisions on the use of terms such as’ national level ‘, ‘highest level’ and ‘best’.Results: After investigation, the party concerned did not actively promote the website involved, did not highlight the use of absolute terms in the advertisement content involved, and published it below the secondary page of the website established by himself. Within six months before the incident, the number of visits to the website was 0, resulting in a small scope of influence.If the party commits such illegal act for the first time, and it is not intentional, the party shall take the initiative to rectify the illegal page and stop the website involved after examination, and shall not be punished for the illegal act.Patent product advertising must also indicate the patent number some chemical equipment co., LTD. Jiangyin on its official website to promote its product sulphuric acid at low temperature heat recovery unit and the equipment, labeled “the localization of all materials and equipment, key equipment have achieved national patent”, but did not indicate the patents in the patent number and patent category,In violation of the first paragraph of Article 12 of the “Advertising Law”, “where the advertisement involves patented products or patented methods, the patent number and patent type shall be indicated”.Results: During the investigation, the parties provided the utility model Patent certificate of the product within the validity period.As the content of the advertisement involved in the case is located in the sub-page of the party’s official website and not prominently displayed on the website, the party can actively cooperate with the investigation and treatment, truthfully explain the relevant situation and provide relevant evidence and materials, and correct in time. No harmful consequences are caused, and the party shall not be punished in accordance with the law.Violation of suqian a hospital medical advertising in two districts area of the Yangtze river address shelters of advertising not marked the first name of medical institutions and the medical advertisement examination certificate approval document, in violation of the “medical advertising management method” article 14 on medical advertising shall be marked “medical institutions first name and the medical advertisement examination certificate of the provisions of theConstitute a violation of the release of medical advertising.Results: In view of the fact that the party concerned has obtained the approval number for advertising release, rectification and actively cooperate with the investigation after the incident, the illegal behavior is slight, no harmful consequences, no punishment according to law.The elevator without regular inspection is still in use. The elevator of nanjing Branch of a bank has a periodic inspection cycle of one year, and the next inspection date is June 21, 2020.On July 2, 2020, the market supervision department inspection found that the elevator without regular inspection is still in use, then issued a special equipment safety supervision instruction book, ordered the parties to stop using the elevator without inspection.After investigation, the party concerned applied for inspection on June 4, and on July 3, the elevator involved passed the inspection and resumed normal use.The act of using the elevator without regular inspection violates the provision of article 40, Paragraph 3 of special Equipment Safety Law “Special equipment without regular inspection or unqualified inspection shall not continue to be used”.Result: During the investigation, the party explained that the bank had only one elevator, and the customer needed to take the elevator to handle pension business. Therefore, the elevator would have a great impact on normal work, so the security guard was arranged to watch the elevator and give safety tips.In view of the fact that the party concerned had applied for inspection to the inspection institution before the expiration of the validity period of inspection, and had taken necessary safety measures after the expiration of the validity period but before the inspection institution issued the inspection qualification report, and had continued to use it for a short time, the party concerned shall not be punished.Unlicensed fruits and vegetables fan so-and-so in not under the condition of obtaining the business license in accordance with the law, a community in taizhou gaogang SMC retail business activities engaged in vegetables, fruits, in violation of the “unlicensed unlicensed investigate way” the second “any unit or individual person shall not be in violation of the provisions of the laws, regulations and the State Council decided to engaged in unlicensed unlicensed” rules.Processing result: after checking, to the time of the case the party belongs to trial operation stage, without operating profit.In view of the short duration of the unlicensed operation and the spontaneous operation, the parties promptly handled the business license, actively cooperated with the investigation and did not cause harmful consequences, and shall not be subject to administrative punishment according to law.The “Dajianyuan” brand blueberry plums sold in a food store in Pei County were sampled and tested by the General Administration of Market Supervision. The measured values of bright blue and amaranth were 0.036g/kg and 0.18g/kg respectively.Exceed the standard of ≤0.025g/kg and ≤0.05g/kg stipulated in the National Food Safety Standard food Additive Use Standard.The value of the aforementioned blueberry plums sold by the parties is 81.2 yuan, and the illegal income is 14 yuan.The act of the party concerned violates the provisions of article 34 of the food safety law “the production and marketing of the following foods, food additives and food-related products shall be prohibited :(4) foods with excessive use of food additives in excess of scope and limit”.Processing results: in view of the fact that the parties have claimed the food business license, the illegal operation of food small number, the value is not high, fulfil the obligation such as the incoming inspection, do not know what purchasing food does not comply with the food safety standards, and actively cooperate with the investigation, after the crime can truthfully explain the source of replenish onr’s stock, in this case the parties shall not be punished in accordance with the law.Yancheng Iron and Steel Co., Ltd. commissioned Dongtai Casting Co., Ltd. to produce hot-rolled ribbed steel bars. The entrusting party has obtained the production license, but the entrusting party’s production license number is not marked on the products.In case of violation of Article 40 of the Measures for the Implementation of the Regulations on the Administration of Production Licenses for Industrial Products, the enterprise shall mark the name and address of the entrusted enterprise, as well as the name and address of the entrusted enterprise, and the mark and number of the production license on the product or its packaging and manual.If a commissioned enterprise has a production license for the products it has commissioned to process, it shall also mark the mark and serial number of the production license of the commissioned enterprise.Results: In view of the product quality of the party concerned meets the standard requirements, the main reason for the non-standard product surface marks is that the understanding of laws and regulations is not comprehensive, actively cooperate with the investigation afterwards, the illegal behavior is slight and corrected in time, no harmful consequences, no punishment according to law.A supermarket in Zhangpu town of Kunshan city purchased 18 bottles of Qingyang men anti-dandruff shampoo, and 11 bottles have been sold.Unilever (China) Investment Co., LTD., the owner of the trademark, entrusts the anti-counterfeiting company to identify the products as fake “Qingyang” trademarks.When the parties accept inspection, 7 bottles of infringing products will be removed from the shelves.Any of the following acts shall constitute an infringement of the right to exclusive use of a registered trademark, as specified in item 3, article 57 of the trademark law :(3) selling goods infringing upon the right to exclusive use of a registered trademark.Results: Given that the party concerned actively cooperated with the investigation and promptly corrected his illegal behavior, there was sufficient evidence to prove that he did not know that the shampoo involved was an infringing product, and he could provide relevant materials to prove that the product was legally obtained and identified as the supplier, and his behavior would not be punished according to law.Proofread by Li Haihui