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No. 23 of Twenty-Six Model Cases regarding Public Interest Litigation Published by the Supreme People's Procuratorate: An administrative public interest litigation case regarding regulation of farm produce markets in Yuhang District, Hangzhou City, Zhejiang Province

最高人民检察院发布26件公益诉讼典型案例之二十三:浙江省杭州市余杭区农贸市场整治行政公益诉讼案

  • No. 23 of Twenty-Six Model Cases regarding Public Interest Litigation Published by the Supreme People's Procuratorate: An administrative public interest litigation case regarding regulation of farm produce markets in Yuhang District, Hangzhou City, Zhejiang Province
  • 最高人民检察院发布26件公益诉讼典型案例之二十三:浙江省杭州市余杭区农贸市场整治行政公益诉讼案
  • [Keywords]
  • 关键词
  • Procedures before administrative public interest litigation; regulation of farm produce markets; rapid food safety testing
  • 行政公益诉讼诉前程序 农贸市场整治 食品安全快速检测
  • [Key Points]
  • 【要 旨】
  • By giving play to the functional roles of procuratorial public interest litigation, the procuratorial organ assists the administrative organ in strengthening regulation and promoting the setup of rapid testing rooms or cases for pesticide residue in farm produce markets so as to effectively guarantee the “safety of every bite of food” for the common people.
  • 检察机关通过发挥公益诉讼检察职能作用,助力行政机关加强监管,推动在农贸市场设置农药残留快速检测室或检测箱,有效保障百姓“舌尖上的安全”。
  • [Basic Facts]
  • 基本案情
  • In January 2019, the People's Procuratorate of Yuhang District, Hangzhou City found in its performance of duties that dozens of farm produce markets within its jurisdiction failed to apply for market name registration as required, failed to effectively demand certificates and bills of edible agricultural products and making sampling testing and publicity, failed to preserve ledgers of harmless treatment of sub-quality farm products, failed to set up notice boards as required and publicize the quality safety management systems for agricultural products, food safety management personnel, etc., failed to sign agreements on the quality safety of agricultural products with sellers admitted to such farm produce markets, and failed to provide food safety trainings for such sellers. In addition, some operators admitted to those farm produce markets failed to obtain a business license and there were great food safety risks.
  • 2019年1月,杭州市余杭区人民检察院在履行职责中发现,辖区内有数十家农贸市场未按规定申请市场名称登记、未做好食用农产品索证索票、抽样检测及公示、未留存不合格农产品无害化处理的台账信息、未按规定设置公示栏并公示农产品质量安全管理制度、食品安全管理人员等信息、未与入场销售者签订农产品质量安全协议、未对入场销售者进行食品安全培训,且部分入场经营户未办理营业执照,存在较大的食品安全隐患。
  • [Investigation and Supervision over Performance of Duties]
  • 【调查和督促履职】
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