The reporter learned from the State Administration for Market Regulation today that in the past six months, market supervision departments in various places have actively explored and innovated to build a service-oriented law enforcement that "prevention first, minor exemption of punishment, severe punishment, equivalent punishment, and subsequent follow-up visits". Three typical cases have been selected for publication.
1. A series of cases of Hangzhou thermoelectric enterprises not imposed administrative penalties without subjective fault.
According to the national environmental protection electricity price and facility operation supervision measures for coal-fired generator sets and the assessment measures for environmental protection electricity prices of cogeneration generator sets in local non-provincial unified adjustments, the environmental protection department will copy the emission monitoring results of the thermoelectric enterprises to the market supervision and management department, and the market supervision and management department will make an administrative penalty decision to confiscate environmental protection electricity prices for thermoelectric enterprises that exceed the standard emissions of air pollutants in accordance with the law.
In 2024, the Hangzhou Municipal Market Supervision Bureau filed a case against 11 thermal power companies based on the complaints sent by the Municipal Ecological Environment Bureau. After investigation, the parties involved had acted in the case of exceeding the standard emission of sulfur dioxide and nitrogen oxides and collecting environmental protection electricity prices, which did not comply with the above environmental protection electricity price policy requirements, violated Article 12 of the Price Law of the People's Republic of China, and constituted an illegal act of not implementing government pricing.
After investigation, the over-proportional emission behavior of coal-fired thermal power enterprises is mostly caused by objective factors such as generator set start, facility exit, and unstable unit load. Although there is a fact of over-emission, there is no subjective fault. Through in-depth visits, the parties involved have completed the technical transformation of environmental protection facilities and equipment and passed the completion acceptance of the ecological environment department. However, even if the company has met the ultra-low emission requirements, it is difficult to ensure that the annual emission indicators are fully met due to force majeure factors such as start-stop, maintenance and other forces caused by various reasons of the generator set.
In view of the fact that the parties are not subjectively at fault, the Hangzhou Municipal Market Supervision Bureau decided not to impose administrative penalties on the parties in accordance with the provisions of Article 33, Paragraph 2 of the Administrative Penalty Law of the People's Republic of China and Article 10, Paragraph (4) of the "Zhejiang Province Market Supervision Administration Administrative Penalty Discretionary Benchmark Management Measures". At the same time, based on the environmental protection assessment requirements, it was decided to confiscate the total overcharged environmental protection electricity price of 41,700 yuan by 11 parties.
2. Qingdao Shibajiayue Supermarket Co., Ltd. Qingdao Zhonghai Huanyu Store sells food that exceeds the shelf life
On December 31, 2024, the Shibei District Market Supervision Bureau of Qingdao City, Shandong Province received a report that Qingdao Shibajiayue Supermarket Co., Ltd. Qingdao Zhonghai Huanyu Store sells expired black glutinous rice. After on-site inspection, it was found that the 5 packs of black glutinous rice on the shelf of the person involved had exceeded the shelf life of 1 day. This behavior violated Article 34, item 10 of the Food Safety Law of the People's Republic of China, with the value of the goods involved in the case of 160.5 yuan and the illegal income of 83.7 yuan.
After investigation, the parties involved have fulfilled their obligation to inspect goods and issued a recall notice for the sold expired food in a timely manner. In view of the first violation of the law by the parties, they can truthfully explain the source of the supply, the value of the illegal goods shall not exceed 500 yuan, and no food safety accidents occur and correct them on their own, which complies with the provisions of the "Notice of the State Administration for Market Regulation on Issuing the List of No Punishment and Minor Punishment for Administrative Violations in Market Supervision (I)".
On March 7, 2025, in accordance with the provisions of Article 33, Paragraph 1 of the Administrative Penalty Law of the People's Republic of China, the Shibei District Market Supervision Bureau decided not to impose administrative penalties.
3. Case of Wenzhou Jiayuan Grain and Oil Food Co., Ltd. and other cases of producing and operating rice in violation of relevant food safety laws
In early 2024, the Wenzhou Longwan District Market Supervision Bureau inspected Wenzhou Jiayuan Grain and Oil Food Co., Ltd. in accordance with the law and found that the parties involved were suspected of turning rice into bread. After further investigation, it was found that starting from 2023, the parties involved will unpack and pack other brands of rice without obtaining a food production license and trademark authorization, re-mark the latest production date, and sell them as low-priced rice and Chen rice as high-priced new rice. As of the time of the incident, the parties involved had illegally produced 725,000 kilograms of rice, with the amount involved in the case being 4.57 million yuan.
On March 28 of the same year, the Longwan District Bureau conducted an inspection on Wenzhou Runcheng Grain and Oil Trading Co., Ltd. and found that it had illegal acts of turning over bags and tampering with the rice production date. For only one product, "Five Mi Changxiang", the parties commissioned the printing of 166,000 "Five Mi Changxiang" packaging bags, which was converted into 1.4508 million kilograms of rice, and the amount involved was 8.68 million yuan. Wenzhou Jiayuan Grain and Oil Food Co., Ltd. and Wenzhou Runcheng Grain and Oil Trading Co., Ltd. were transferred to the public security organs for handling in accordance with the law due to their huge illegal operation and meeting the criminal prosecution standards.
On May 27, 2024, the Wenzhou Municipal Bureau organized a special rectification cluster operation in the rice industry, verified that five enterprises had committed illegal acts of varying degrees, and imposed a fine on them in October 2024, with a fine ranging from 24,000 to 24,000 yuan; another two enterprises had label defects. In view of the slightest violation of the law, they were ordered to correct the violation and exempted from punishment in accordance with the law.
It is understood that in October 2024, the State Administration for Market Regulation issued the "Guiding Opinions on Firmly Establishing the Concept of Supervision for the People and Promoting Service-oriented Law Enforcement", and implemented a new model of service-oriented law enforcement in market supervision departments across the country.
(CCTV reporter Wang Jing)
