What's on the menu at the school cafeteria? Potatoes soaked in chemicals, pet-grade chicken skeletons...

Compiled from: China Legal Education
 
Case review
Since the food ingredient supply issue at the cafeteria of Chengdu Experimental Foreign Languages School in Yucheng District, Ya'an, Sichuan, occurred on March 5, the Yucheng District Party Committee and District Government have attached great importance to the matter. A joint investigation team was immediately established and dispatched to the scene to handle the situation without delay. With a firm stance and an open and transparent approach, the relevant food ingredients have been sealed and sent for testing, and an investigation has been launched into the relevant units and responsible persons. The concerns of students' parents have been promptly addressed, and the normal teaching order of the school has been maintained. The relevant situation is hereby reported as follows.
 
In response to reports from students' parents regarding the following issues—that the Test Report for vegetables and ingredients delivered to the school on March 5 was issued on March 6, that the school cafeteria food supplier illegally used a falsified test report, and that school cafeteria management was not standardized—an investigation has confirmed that the above situations are true. The following actions have been taken respectively:
 
1. In accordance with the provisions of Article 64 and Article 130 of the Food Safety Law of the People's Republic of China, the Yucheng District Market Supervision Administration ordered the testing institution that falsified the vegetable ingredient testing report to rectify its conduct and imposed an administrative penalty of confiscation of illegal gains and a fine of 200,000 yuan.
 
2. In accordance with Article 52 of the Law of the People’s Republic of China on Public Security Administration Punishments, the Yucheng District Public Security Sub-bureau lawfully imposed a fifteen-day administrative detention on Liu Mouhong, a testing personnel who forged enterprise certification documents, and imposed a fifteen-day administrative detention on Wang Moudong and a five-day administrative detention on Qiu Mourong, business operators who used forged enterprise certification documents.
 
3. The Education Bureau of Yucheng District took the lead in conducting a comprehensive inspection of school cafeterias across the district, and no food hygiene or safety issues have been found so far.
 
4. In accordance with relevant regulations, the Virscend Education schools decided to terminate the supply contracts with canteen food ingredient suppliers. The logistics manager and the primary school principal were dismissed. At the same time, a comprehensive canteen food safety supervision system was established and improved, the system of principals, teachers, and parents accompanying students during meals was implemented, and smart upgrades were carried out in the canteens to ensure students' dining safety in all respects.
 
5. The Yucheng District Commission for Discipline Inspection and the Supervisory Commission established an investigation team to investigate the work style, performance of duties, and whether an illegal interest network exists among the relevant units and personnel involved in the food ingredient supply issue at the canteen of Yucheng District Chengshiwai School. Any problems found will be dealt with strictly in accordance with discipline and law.
 
Next, the Yucheng District Government will draw inferences from this case, effectively fulfill its government regulatory responsibilities, and further strengthen the supervision of school education and safety management. All sectors of society are welcome to supervise.

 
 

 
[1] Food Safety Law of the People's Republic of China
Article 64
Edible agricultural product wholesale markets shall be equipped with testing equipment and testing personnel, or shall entrust food testing institutions that comply with the provisions of this Law, to conduct sampling inspections of edible agricultural products entering the wholesale market for sale; where any non-compliance with food safety standards is discovered, the sellers shall be required to immediately stop sales and report to the food safety supervision and administration department.
 
Article 130
Where the sponsor of a centralized trading market, the lessor of counters, or the organizer of an exhibition, in violation of this Law, permits food operators that have not obtained licenses in accordance with law to enter the market to sell food, or fails to perform obligations such as inspection and reporting, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections, confiscate its illegal gains, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; if serious consequences are caused, it shall be ordered to suspend business until the original licensing department revokes its license; if the lawful rights and interests of consumers are harmed, it shall bear joint and several liability with the food operator.
If a wholesale market for edible agricultural products violates the provisions of Article 64 of this Law, it shall bear responsibility in accordance with the preceding paragraph.
 
 
Public Security Administration Punishments Law of the People's Republic of China
Article 52
Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and may also be fined not more than 1,000 yuan; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan:
(1) forging, altering, or buying or selling official documents, certificates, certification documents, or seals of state organs, people's organizations, enterprises, public institutions, or other organizations;
(2) buying or using forged or altered official documents, certificates, or certifying documents of state organs, people's organizations, enterprises, public institutions, or other organizations;
(3) forging, altering, or reselling train tickets, boat tickets, airline passenger tickets, art performance tickets, sports competition admission tickets, or other valuable tickets or vouchers;
(4) Forging or altering vessel license plates, buying or selling or using forged or altered vessel license plates, or altering vessel engine numbers.

 
 

 
[1] The author's perspective
The food safety of school cafeterias is directly related to the health of every teacher and student. Once food safety standards are not met, it can cause large-scale impacts, so such group food supply must be strictly controlled.
 
In this case, it was only after students' parents reported the issue that the school took it seriously, and relevant authorities then intervened. It is evident that the school cafeteria did not strictly review the certification documents provided by food suppliers. Even if the suppliers forged the documents, the obvious discrepancy between the delivered ingredients and what was ordered should have been noticed by the school, but it was not taken seriously. The school cafeteria clearly has lax and irregular management. What is even more despicable is the supplier and testing agency. Since they forged the documents, it means they knew the ingredients were substandard and deliberately falsified them. Where is the health and safety of all school staff and students? This time, the relevant authorities have imposed administrative penalties on the testing agency and its personnel who forged the documents, serving as a warning to those who harbor侥幸心理—do not think you can get away with it; if you don't want others to know, don't do it.