A company engaged in the operation of imported infant and young children formula milk powder in its Taobao store, and purchased imported infant and young children formula milk powder from various cross-border e-commerce on Taobao platform, then sold it in its Taobao store. The original package does not contain small packages of milk powder, and the party sell their products by sub-packaging them in different sizes of individual packages using aluminum foil bags according to consumer needs. According to statistics, the party sold a total of 1,471 packages of infant and young children formula milk powder in the way of sub-packaging, with a total sales amount of 45,700 Yuan, including postage of 2,810 Yuan.

According to Article 81 (5) of the Food Safety Law of the People's Republic of China "...... infant and young children formula milk powder shall not be produced in the way of sub-packaging, and the same enterprise shall not use the same formula to produce different brands of infant and young children formula milk powder", the company's act of sub-packaging imported infant and young children formula milk powder in food aluminum foil bags and selling them after sub-packaging in certain specifications violated the regulation. It is considered as producing infant and young children formula milk powder through illegal sub-packaging.

As the party involved is a first-time offender (no record of being punished for food safety violations), and had ceased the illegal activities prior to the investigation of this case by closing the Taobao store, and actively cooperated with the investigation during the case, truthfully stating the illegal facts and voluntarily providing relevant materials. Therefore, a lenient penalty is imposed on the party involved.

With reference to Article 3, Item 1, Point 2 of the Detailed Standards for Discretionary Penalties on Food Administration in Zhejiang Province "2, illegal production and operation of foodstuffs are more than 10,000 Yuan in value: (1) the amount of the fine for lenient penalty of more than 10 times but less than 13 times, the amount of the fine for general penalty of more than 13 times but less than 17 times, the amount of the fine for heavy penalty of more than 17 times but less than 20 times". Finally, the party was fined 10 times the value of the illegal operation, which is 428,900 Yuan.

Source: Shangcheng District Market Supervision Department

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