On the afternoon of February 28, 025, “Interpretation of the List of First Violations of Market Supervision Administrative Violations and Minor Exemptions from Penalties (I)” and Seminar Salon were held in the Multi-functional Hall on the 22nd floor of Beijing King&Capital Law Firm. The meeting was hosted by Mr. Lv Yan, Deputy Director of King&Capital Food and Drug Law Research Center.

 Lv Yan

 Lv Yan firstly introduced the positioning of King&Capital Food and Drug Law Research Center - it is a research institution for in-depth study of all aspects of legal issues in the field of food and drug. Professor Zeng Wenyuan of the Law School of the People's Public Security University of China (PPSU), invited as one of the drafters of the documents discussed at the conference, is a doctor of law, and also serves as the deputy director of the school's Food, Drug and Environmental Crime Research Center, a member of the State Administration of Market Supervision's Youth Expert Committee on Food Safety, and an expert member of the Editorial Board of China Food Safety, with his main research interests in administrative law enforcement and administrative litigation.

First, the opening speech

 Zhang Sijia King&Capital

 Food and Drug Law Research Center Deputy Director and Secretary General Zhang Sijia lawyer delivered a speech. She warmly welcomed the guests and gave a brief overview of the academic achievements and practical research of King&Capital Food and Drug Law Research Center. She said that the Food and Drug Law Research Center was established on April 20, 2024, and as of December 30, 2024, the Center has published 148 articles, including professional research articles, hot events tracking, and sharing of cases on food and drug laws and regulations, etc. On July 6, 2024, the Center set up its first sub-center in Ningxia and held its second forum.

Within eight months, the center developed five researchers, she said, while establishing cooperation with universities such as the Food and Drug Environment Center of Public Security University and the Food Safety Center of Beijing Technology and Business University. A new year, a new starting point, a new journey. In the future, the Center will hold the 3rd King&Capital Forum on Food and Drug Crime Governance, release the 2024 White Paper on the Situation and Governance of Food and Drug Crime, publish a new book, “Handbook for Handling Food and Drug Crime Cases”, and convene mini-seminars on different topics of food and drug legal issues. It is hoped that through this seminar, all guests will have in-depth exchanges and share their experiences, so as to create a food and drug safety pattern of common construction, common governance and common sharing.

Second, the theme of research and speech discussion

 Professor Zeng Wenyuan told the case of selling five pounds of celery was fined 66,000 yuan Yulin celery case, due to the value of the amount of small, the matter has attracted wide public attention. The batch of celery test failed, and the detection of banned pesticide “chlorpyrifos”, but the first offender, minor impunity, the sales volume is small, the amount of money is small and heavy penalties, pointing out that a small case may not necessarily be a small fault, many people believe that the case is a small case of heavy penalties, that this type of cases in the end is the "over-punishment quite “Or is it ”improperly penalized"? Relevant data show that the current food safety violations occur more often, and the growth rate is alarming, but many law enforcement can not be supported by public opinion, in this context, the first violation of impunity, minor exemption list came into being.

He analyzed the “List of First Violations of Market Supervision Administrative Violations with Impunity and Minor Exemptions from Penalties (I)” from four aspects: the background of its formulation, the drafting process, the thinking behind it, and the content of the list, and explained in detail the differences between the contents of the drafts of the solicitation of opinions, the drafts of the submission for examination and review, and the official drafts, which deepened the participants' understanding of the list.

 Zeng Wenyuan

 III. Appointment

 Ceremony of King&Capital Food and Drug Law Research Center was conducted in the agenda of the seminar. Mr. Cai Yuanpei was appointed as the expert advisor of King&Capital Food and Drug Law Research Center, and Captain Bao Hongyang, Lawyer Zhang Qingjun and Lawyer Liu Haitao were appointed as the researchers of King&Capital Food and Drug Law Research Center. Mr. Tang Jianbin, Director of King&Capital Food and Drug Law Research Center, Mr. Zhang Sijia, Deputy Director, and Mr. Wang Zhiqiang, Attorney at Law, presented them with appointment certificates and took a group photo.

 

 

Fourth, with the speech

 Director of the Kyoto Food and Drug Law Research Center, Beijing King&Capital Law Firm senior partner Tang Jianbin lawyers in the talk with the clarity of bulk food, ready-to-eat food and agricultural products, the duty of purchase and inspection, special food, mixing and other concepts and understandings, about the “food business licensing and filing management measures” in the provisions of the food business license does not need to obtain the license situation， It was pointed out that the validity period of food business license is five years, and the overdue limit of the first violation is less than one month for the duration of the violation.

He used the “supervision and management of quality and safety measures for the market sale of edible agricultural products” as the entrance to show that the operation of edible agricultural products does not meet the food safety standards, fulfill the obligation of purchase and inspection, there is no subjective fault, should not be punished, and do not need to apply to the first violation of the impunity and minor exemptions; through the sale of expired milk powder to be fined 50,000 yuan of the case led to the "Interim Measures for Reporting of Rewards for Significant Violations of Laws and Regulations in the Field of Market Supervision In the “Interim Measures for Reporting Rewards for Major Violations in the Field of Market Supervision”, the level and amount of the reward for reporting is calculated.

 Tang Jianbin

 Benxi Municipal Public Security Bureau of Food, Drug, Environment and Sen crime investigation detachment of legal brigade brigade chief and public lawyer Bao Hongyang participated in the talk with, on their own in the field of food and drug front-line law enforcement experience to share, a detailed account of the process of food and drug crime investigation, including case handling, legal procedures and standards. The roles and importance of lawyers, police, prosecutors and judges in the legal community were emphasized.

 Bao Hongyang

 King&Capital Law Firm lawyer Zhang Zhiqi told the story of Mr. Fang Linfu of Hangzhou Xihu District, who was fined 200,000 RMB by the Market Supervision Administration of Xihu District in 2015 for the slogan “The best fried chestnuts in Hangzhou” in his fried food store, and Mr. Fang Linfu of Ganzhou City, who was fined 200,000 RMB by the Market Supervision Administration of Ganzhou City in 2022 after an investigation by the Market Supervision Administration of Ganzhou City on the case of Jiangxi Zhongguo Beidou Science and Technology Holding Company Limited. Advertisement brochures printed with “the only unlimited load of servers,” “the only more than thirteen years of GPS / Beidou dual-mode production and research and development enterprises,” such as a fine of 50,000 yuan for the comparison of the two cases, about the "market supervision of administrative offenses The positive significance of the “List of First Offenses and Minor Exemptions from Penalties (I)” for administrative enforcement.

 Zhang Zhiqi

, lawyer of King&Capital Law Firm and researcher of King&Capital Food and Drug Law Research Center, Li Mingzhen, noticed that the “List of First Violations of Market Supervision Administrative Violations without Impunity, Minor Exemption from Penalties (I)” mentions “timely correction”, which reflects that the purpose of the legislation is not to seek profit, but to solve problems. From the criminal field about the cases encountered in the handling of the case as a starting point, linked to the food and drug field of the forward convergence of execution and punishment, the reverse convergence of the problem, and in-depth analysis.

 Li Mingzhen

 V, summary and outlook

 in the final stage of the seminar, the host Lv Yan lawyer made a summary statement, the active participation of all guests and contributions to express my heartfelt thanks, and hope that in the future we can continue to work with you to promote the improvement and development of the food and drug law system.

The seminar was successfully concluded with warm applause from the participants.