What are the legal provisions for selling homemade medicinal liquor?

Defendant Fenghua (pseudonym) brewed aphrodisiac wine with Chinese herbal medicines, medicinal liquor and liquor, and sold it in his own shop every two months at the price of 15 yuan. 2065438+In August 2008, the inspection detachment of US Food and Drug Administration in Qingdao investigated the site and seized 5 liters of aphrodisiac wine sold by it. After identification, sildenafil was detected in the seized aphrodisiac wine.

Referee result

The Southern Court found through trial that the defendant Fenghua had violated the Criminal Law of People's Republic of China (PRC) by selling self-made medicinal liquor containing sildenafil. According to Article 144 of the Criminal Law of People's Republic of China (PRC), anyone who adulterates toxic and harmful non-food raw materials in food produced or sold, or adulterates food sold knowing that it is toxic and harmful, shall be sentenced to fixed-term imprisonment of not more than five years and fined. The Shinan court ruled that Fenghua's behavior constituted the sale of toxic and harmful food, and sentenced him to six months' imprisonment, suspended for one year and fined RMB 2,000. At the same time, the defendant Fenghua was prohibited from engaging in food production, sales and related activities during the probation period.

The judge's statement

The sale of toxic and harmful food refers to the act of selling food that is knowingly mixed with toxic and harmful non-food raw materials. According to Article 38 of the Food Safety Law and Article 20 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety, sildenafil should be considered as toxic and harmful non-food raw materials, and it is illegal to add it to special foods such as food or health food. In this case, the defendant Fenghua knew that the medicinal liquor containing sildenafil was still used for sale, and his behavior constituted the sale of toxic and harmful food according to law and should be punished.

Case number: (2020) Lu 0202 Criminal Chu Zi No.40.

Relevant laws and regulations

One,

Article 38 of the Food Safety Law

Drugs may not be added to the food produced and operated, but substances that are traditionally both food and Chinese herbal medicines may be added. Traditionally, the list of substances that are both food and Chinese herbal medicines is formulated and published by the health administrative department of the State Council in conjunction with the food safety supervision and administration department of the State Council.

Second,

Article 20 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety.

The following substances shall be identified as "toxic and harmful non-food raw materials":

(1) Substances prohibited by laws and regulations from being added or used in food production and marketing activities;

(2) The substances in the List of Non-edible Substances that May Be Illegally Added in Food and the List of Substances that May Be Illegally Added in Health Food published by the relevant departments of the State Council;

(three) pesticides, veterinary drugs and other toxic and harmful substances prohibited by the relevant departments of the State Council;

(4) Other substances harmful to human health.

Shinan District People's Court of Qingdao Municipality

Author/Source: Bengbu Procuratorate