Old farmer earns 14 yuan from selling unqualified celery and is fined 100000 yuan? The court ruled on celery | Chen Yibo | The court
Profit of 14 yuan
Two fines combined with 100000 yuan!
An old farmer in Fuzhou is selling substandard celery
Received a sky high penalty!
This matter has sparked heated discussions
Recently, the Minhou Court heard this case
Elderly people selling celery were found to be unqualified
On September 11, 2019, Chen Yibo, who lived in the Marquis of Min, passed by the vegetable garden of the neighboring Miss Wang's house.
"Old Chen, today's celery is particularly 'watery'. Do you want to bring some? You can take it to the wholesale market and make sure you can sell it soon," said Wang confidently.
Finally, Chen Yibo spent 122.5 yuan to buy these 70 pounds of celery.
Subsequently, Chen Yibo, who was carrying 70 kilograms of celery, came to a vegetable wholesale firm and sold all the celery at a price of 1.95 yuan per kilogram, earning a profit of 14 yuan from reselling it. On that day, a convenience supermarket a hundred miles away purchased a batch of fruits and vegetables from the vegetable wholesale firm, including 7.5 kilograms of celery sold by Chen Yibo to the firm.
The next day, the local market supervision bureau of the supermarket conducted a random inspection of the batch of celery during daily supervision and law enforcement. After inspection, it was found that the chlorpyrifos project did not meet the requirements of GB2763-2016 National Food Safety Standard for Maximum Residue Limits of Pesticides in Food. The inspection conclusion of this batch of celery was unqualified.
Profit of 14 yuan, fined a total of 100000 yuan
On February 8, 2021, Chen Yibo was investigated by market regulatory authorities for suspected sales of substandard celery. At this moment, he realized that he had "caused trouble" and panicked for a moment.
On April 22, 2022, the market supervision department issued an Administrative Penalty Decision, which adopted Chen Yibo's meritorious behavior, ordered Chen Yibo to make corrections, issued a warning, confiscated illegal gains of 14 yuan, and imposed a fine of 50000 yuan.
Chen Yibo, who was at a loss, did not apply for administrative reconsideration or file a lawsuit within the statutory deadline. Due to his failure to actively pay the fine, the market supervision department lawfully urged Chen Bo to pay the fine of 50000 yuan in a timely manner and imposed an additional fine of 50000 yuan on him on December 19, 2022.
After being urged, Chen Yibo was unable to fulfill his obligations. On February 14, 2023, the Market Supervision Bureau applied to the court for compulsory execution, administrative penalties, and additional fines.
"Serious punishment for minor offenses" has sparked social attention and discussion
One time
Chen Yibo earned 14 yuan by selling celery
The matter of being fined 50000 yuan
It also sparked discussions among neighbors
"I sold it this time, and the punishment was too heavy. Who would have thought this dish was not up to standard?"
"This celery hasn't eaten bad people, why do we have to be punished?".
Chlorpyrifos is an insecticide with certain toxicity, which will definitely affect health and safety. It has been punished according to the minimum standard of 50000 yuan.
Court: The punishment is severe and cannot be enforced compulsorily
The Minhou Court, after trial, found that Chen Yibo was not a professional vegetable vendor and had violated the law for the first time. The case involved substandard celery worth 136.5 yuan, with a profit of only 14 yuan, and the amount was relatively small. He was not aware of the substandard sales of celery, and after the incident, Chen Yibo was able to cooperate with the investigation, truthfully explain the source of substandard celery, actively report others for operating without a license, and had meritorious behavior. He should be reduced or not punished in accordance with the law. The Market Supervision Bureau made an administrative penalty decision of "imposing a fine of 50000 yuan", and the punishment was severe. In terms of administrative procedures, the Market Supervision Bureau initiated an investigation on February 8, 2021, and by the time the Administrative Penalty Decision was issued on April 22, 2022, it had exceeded the statutory deadline for handling the case, and the procedures were also illegal. Therefore, the administrative penalty decision made by the Market Supervision Bureau is not allowed to be enforced.
Subsequently, the Market Supervision Bureau filed a review application, and the second instance court ruled to reject the review application and uphold the original ruling.
After learning the result, Chen Yibo finally breathed a sigh of relief. This matter has come to an end, but it is still a profound lesson for Chen Yibo.
