2016-09-18 15:51

 

Chengdu alphay biological and drug dingniu: undocumented production were administrative penalties

 

[news] September 18th reporting network in Beijing (China Economic Net) recently, direct selling enterprises Jiangsu alphay Biological Technology Co. Ltd. (hereinafter referred to as Anhui) due to the production of 5 products suspected of "undocumented" in Chengdu by the consumer report, and by the local regulatory authorities of administrative punishment. However, the company does not accept the penalty decision, making the incident once again heating up".
"Undocumented products" was reported
According Tianfuzaobao reported in September 6th, Chengdu consumers Chen, January 6th purchase of Anhui vein root production of edible fungus capsule 5 capsules. Physical discomfort after eating, the investigation found that the purchase of 5 kinds of products are not only the production license, health permits and nutritional ingredients, that is a common food. Chen reported to the local regulatory authorities, that the product hygiene license number is valid from March 8, 2011 to March 9, 2007, has been ineffective. Chen also learned from the relevant regulatory authorities in Jiangsu Province, the network information disclosure, health permits can be postponed products only include health food, the general food is not in the scope of the extension. This shows that the 5 products are still in the production and sales of unlicensed products".
Chen also learned from the Jiangsu provincial health department (now Jiangsu Province Health Planning Commission), these 5 products are capsule products, but in the ingredients but did not mark the package capsule ingredients, does not meet the relevant food safety standards.
January 27th, Chen appealed to the local court, and the local regulatory authorities to carry out a written complaint. Local regulatory authorities through the early investigation and evidence collection, and finally found that the 5 kinds of food related to the security of the unauthorized production of unlicensed products, and to be given administrative penalties.
"The new licence is not without a license"
However, in the face of consumer complaints, security does not accept. For administrative punishment of the local regulatory authorities, security benefits are not recognized, in order to regulate the administrative punishment without factual basis, no legal basis and the law of the grounds to the Chengdu Municipal People's government for administrative reconsideration". According to local media reports on the incident, the security is more in September 9th in the official website issued a statement. Chen said in a statement that the consumer purchased 5 products since 2003 the production date to obtain the food hygiene license of local, comply with food safety standards, and every year in Jiangsu Province, for the record, and inspection.
The reason why the 5 kinds of products has not obtained the production license, because 2009 is the transformation of government functions and policy adjustment, this series of products are not included in the production license issuance scope.
"Is not to get a new license, undocumented production is not. If it is undocumented production, these 5 products have long been banned." Anhui leader Chen Jie said, "the question now is to rule such products into the capsule is not clear, temporarily unable to obtain license plate industry, similar products in the same industry is not a food production license."
Prior to July 18th, Anhui the respondent, the local court proved that the complainant fails to provide the edible products cause serious damage to the body, an integrated aspects of the material submitted by the trial judge "license held by an effective period to continue effectively, the validity period has been extended with a legitimate production qualification. And the capsule is not included in the food production license classification range of products, the country does not expressly prohibit the production of food." Dismissed the lawsuit and the claims of chen.
Chen refused to accept the verdict, continue to appeal, so far, consumers Chen and security benefits for a long time for a long time. An aspect of the application for administrative reconsideration, the event continues to heat up.
"At present, the case has entered the Chengdu City Intermediate People's Court of second instance procedures; related materials we have also submitted to the Chengdu Municipal People's government, entered the phase of administrative reconsideration." Chen Jie said.
Capsule products are indeed undocumented"
The focus of the event is whether the capsule product is undocumented products". The capsule products, at present did not have the national health food approval number of food, general food labeling is not included in the scope of protection of the drug administration department. What was going on but also from the "food safety law" the promulgation of speaking.
It is understood that in June 1, 2009, "food safety law" before the implementation of the capsule food production license is issued by the provincial health administrative departments. The implementation of "food safety law", due to the implementation of sub regulation mode, the health department will no longer travel part of the food safety regulatory functions, and the drug administration department is only responsible for licensing, health food related so accordingly, capsule food according to the truth is included in the ordinary food regulatory list, the problem is currently not included in the general food capsule food supervision ranks also, unable to obtain food production license related.
That is, the consumer report Anhui by the sale of 5 products are "undocumented products" is not out of thin air. Chengdu food and drug administration by an enterprise is located in Nantong city food and drug administration, and sent a survey of Jiangsu Province Planning Commission, the other side also did not specify whether the food manufacturers involved with the production of the food quality, at least an 5 products currently belong to the "lack of identity".
Then, the Chengdu food and Drug Administration for determination is not determined by No.
Direct selling enterprises has been in the public opinion in the teeth of the storm questioned, because of its unruly. Although the state has many laws and regulations in the field of marketing, but many direct selling companies still rush into danger.
According to the Beijing News reported that for traditional enterprises, to achieve cross regional business, to break local protectionism barriers, the first step of globalization, but the direct selling enterprises, is illegal behavior. This cross regional business because it is difficult to define and investigate evidence and the basic free in the regulation, has become China's direct selling area hidden rules".
Ann Hui free in the regulation of the gray zone is not the first time.
According to the health Times reported that in early 2013 Anhui was a consumer complaint, the complaint alphay mingmian under the guise of direct sales, but secretly doing MLM things. Its shop sales staff of the magic of the magical function of the product, and said that if you want to join the security benefits of direct sales, you must purchase the first security products.
Health Times reporter learned through the investigation, in Beijing, Hebei, Shanxi, Hubei, Heilongjiang and other places have an Ann Hui's direct sales team and one hundred bacteria health shop. These areas are not approved by the Ministry of Commerce of the state to allow the company to carry out direct marketing.
Reporters from the Ministry of Commerce direct inquiry display industry sales management system, Jiangsu alphay biotechnology limited company's direct product range into 4 categories of 25 kinds, the consumer complaints 5 products are not within the scope of the direct product of the provisions of the state.
That is to say, these 5 are not the direct range of the product, the identity is in a state of "undocumented", but still in the production and sales in the market.
Interpretation of the news hot spots, showing sensitive events, more exclusive analysis, in the "things" WeChat, scan two-dimensional code free reading.