Private sale of breast milk poses safety risks, illegal operations cannot escape punishment
[4] Compiled from: Red Star News
Case review
In an online store called 'Meeting is Beautiful,' 'breast milk' is the only product available for sale, with 97 bags sold, priced at 150 yuan per 100 milliliters, and currently 6 bags in stock. According to the store's promotion, human milk contains various nutrients such as protein, fat, carbohydrates, ash, calcium, phosphorus, iron, vitamin A, vitamin B1, and vitamin B2, and it can also 'benefit the five organs, enhance intelligence and essence, moisten dryness and generate fluids, and nourish blood deficiency,' playing multiple roles and effects.
In the product review section, buyers who have participated in group purchases four times referred to the breast milk as "very good." Some buyers who tasted it said, "sweet taste, light, and the packaging is very good," while others said, "indescribable, instinctively makes you want to vomit." According to the pictures posted by buyers, the breast milk is packaged in breast milk storage bags, with the production date printed on the bag, such as March 9 at 7:30. In addition, the shelf life of this breast milk is three months.
The store's customer service staff stated that the inventory is real, and breast milk can be stored for 3 days in the refrigerator and 3 months in the freezer. If the baby cannot finish it, it can be expressed and frozen immediately, and orders can be placed directly. After the reporter questioned the health standards of the breast milk, the other party stated, 'The mother has had a comprehensive health check after delivery, nucleic acid tests are normal, and she has donated blood and umbilical cord blood.' When the reporter asked for related proof, there was no response.
It is reported that some netizens have already reported the sale of breast milk by this store on a certain platform. A customer service staff member from the platform told Red Star News reporters that the relevant report has been received and forwarded to the merchant supervision department for handling. The customer service staff stated that the platform strictly prohibits merchants from selling items banned by the state, and once verified, the store will be subject to corresponding penalties. However, later the breast milk products from this store were shown as 'sold out'.
Article 35 of the Food Safety Law
Article 35 The state implements a licensing system for food production and operation. Engaging in food production, food sales, or catering services shall obtain a license in accordance with the law. However, the sale of edible agricultural products does not require a license.
The food and drug supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, review the relevant materials submitted by the applicant as required by Items 1 to 4 of the first paragraph of Article 33 of this Law, and, if necessary, conduct on-site inspection of the applicant's production and business premises; for those meeting the prescribed conditions, permission shall be granted; for those not meeting the prescribed conditions, permission shall not be granted, and the reasons shall be provided in writing.
[1] The author's perspective
In fact, as early as 2000, the "Reply from the Ministry of Health's Department of Legal Supervision on the Prohibition of Treating Human Breast Milk as a Commodity" clearly stated that human breast milk is not an ordinary food resource and cannot be produced or sold as a commodity. Moreover, according to Article 35 of the aforementioned "Food Safety Law," food sales require an operating permit, and shops selling breast milk could not obtain the corresponding qualifications, so such shops are very likely to be involved in illegal operations. Although in the civil domain, what is not prohibited by law is permissible—meaning that if a breastfeeding woman provides a small amount of surplus breast milk to a friend in need for compensation, the law generally does not prohibit it—but organized and large-scale production and sale of someone else's breast milk constitutes illegal activity.
In addition, our country has already established multiple 'breast milk banks' to meet the demand of the breast milk market. A 'breast milk bank' is a professional institution that recruits breast milk donors, collects donated breast milk, and is responsible for the processing, sterilization, screening, storage, and distribution of breast milk. Moreover, the breast milk in these banks mainly relies on voluntary donations, so mothers in need of breast milk can obtain it through such professional institutions. For the safety of children and the regulation of the market, one should never purchase private breast milk to avoid unpredictable consequences.
