Compiled from The Paper
 
Case review
Recently, the Hanyuan County Court in Sichuan publicly announced a verdict in a case of producing and selling toxic and harmful food, along with a criminal附带 civil public interest lawsuit. In this case, Li Taotao, the operator of a skewer shop, illegally profited by recycling oil from customers' leftover hot pot broth to refine "old oil." He was sentenced to five years in prison and fined 230,000 yuan. Three others—Li Gui, Li Lin, and Xu Shasha—assisted Li Taotao in recycling the old oil and were sentenced to between one year and two months and one year and four months, all with suspended sentences, and fined a total of 100,000 yuan. Additionally, the four defendants were permanently banned from engaging in food production and operation management or serving as food safety managers in food production and operation enterprises. Their illegal gains were confiscated, along with 25 bags of unlabeled hot pot base. The skewer shop was ordered to pay 1.586 million yuan in compensation.

 
 

The Hanyuan County Court found that starting in September 2016, Li Taotao operated a skewer shop in Jiuxiang Town, Hanyuan County, as a registered business owner. From July 2020, Li Taotao poured customers' leftover hot pot broth into stainless steel barrels for sedimentation, then recycled the floating oil, refined it into "old oil" through washing and boiling, mixed it with some new oil, and after cooling, repackaged the mixed "old oil" using a sealing machine and transparent plastic bags, selling it to customers for illegal profit.
 
During the process of recycling and refining "old oil," Li Gui repeatedly assisted Li Taotao in collecting waste hot pot oil, transporting and packaging the "old oil," and purchasing plastic bags for packaging; Li Lin repeatedly helped transport and package the "old oil"; Xu Shasha assisted Li Taotao in buying a sealing machine and plastic bags for packaging online and repeatedly packaged the "old oil."

 
 

 
《刑法》
Article 144 [Crime of Producing and Selling Toxic and Harmful Food]
Whoever mixes toxic or harmful non-food raw materials into food produced or sold, or knowingly sells food mixed with such materials, shall be sentenced to up to five years in prison and fined; if it causes serious harm to human health or involves other serious circumstances, the sentence shall be five to ten years in prison and a fine; if it results in death or involves other particularly serious circumstances, the punishment shall be according to Article 141 of this law.
 
 
 
[5] Food Safety Law
Article 34
The following foods, food additives, and food-related products are prohibited from production and operation:
(1) Food produced using non-food raw materials, or food containing chemical substances other than food additives and other substances that may harm human health, or food produced using recycled food as raw materials;

 
 

 
[1] The author's perspective
(2) For the sake of economic gain, the operators of the Chuan Chuan Xiang restaurant disregarded the safety of diners' lives, ignored laws and regulations, and used recycled hot pot base oil to process and produce "old oil." This not only infringed on the health rights of an unspecified group of people but also harmed social public interests. The nature of the offense was extremely severe. In addition to criminal liability, they must also bear corresponding civil compensation. Furthermore, these four individuals are permanently prohibited from engaging in food production, operation, management, and related work. It is evident that the punishment is very strict.
 
(3) People often say, "Food is the first necessity of the people, and safety is the first priority of food." However, in recent years, various fast-food takeout services and internet-famous restaurants have been exposed for food safety issues. As people's lives have become more affluent, their demand for food has risen from simply filling their stomachs to savoring delicious flavors. Dining at favorite restaurants, whether in small groups or with family and friends, has become a common practice, reflecting trust in food safety and hygiene. Driven by greed; when the truth comes to light; not only do they face legal sanctions themselves, but they also damage the local dining reputation and market environment.