Avoid "small excessive punishments" and the "underlying" of the rule of law is to serve the people (walking on the front line)
Let the warmth and strength of law enforcement coexist, build consensus from all walks of life, and jointly protect "safety on the tip of the tongue"
The "Food Safety Law of the People's Republic of China (Revised Draft for Comments)" released by the State Administration for Market Regulation on October 10 adjusts the fine system and directly faces the controversial problem of "small excessive fines and heavy fines" in the field of food safety in recent years.
The "Yulin Poison Celery Case" is a typical case. In 2022, a vegetable, grain and oil store in Yulin, Shaanxi Province purchased 7 kilograms of celery worth about 20 yuan. The regulatory authorities found banned pesticides during random inspections and were fined 66,000 yuan. The public generally feels that "something is wrong" about this. There is a huge gap between profits and fines. Even if it is legal, it feels "too heavy" based on simple logic. In recent years, this phenomenon of minor violations, small value of goods, and limited social harm, but the amount of fines is not commensurate with the circumstances of the violation has become somewhat common across the country.
Why does this happen? When the current Food Safety Law was revised in 2015, the starting point for fines was increased from the original 2,000 yuan to 50,000 yuan, which reflected the legislative idea of "heavy laws and combating chaos" and played an important role in maintaining food safety. However, in law enforcement practice, it has been found that if the value of the goods is less than 10,000 yuan, a fixed fine starting at 50,000 yuan will be imposed, and for goods exceeding 10,000 yuan, a fine multiple of the value of the goods will be imposed. For example, for the same unqualified food, the circumstances and harms of illegal activities with a value of 20 yuan and 9,900 yuan are very different, but the minimum fine is 50,000 yuan; while the circumstances and harms of illegal activities with a value of 9,900 yuan and 10,100 yuan are almost the same, the latter is fined 101,000 yuan based on 10 times, which is more than twice the fine of the former.
Legislative, judicial and law enforcement departments attach great importance to the issue of "heavy penalties for minor offenses". At the beginning of 2025, the State Administration for Market Regulation issued the "First Violation No-Penalty List" and the "Minor Penalty-Exemption List", which will not punish 12 first-time violations and minor violations. The revised draft for comments will adjust some provisions of the fine for "goods with a value of less than 10,000 yuan" from fixed penalties to multiple penalties. For example, for illegal acts with a value of 20 yuan, the fines will be calculated according to a certain multiple. This will be more in line with the principle of "the penalty is proportionate" and avoid "a small penalty that is too heavy" due to the starting point being too high.
The subjects involved in the "heavy fines for minor offenses" are mostly vendors, individual industrial and commercial households, and small and micro enterprises. They might be a mom-and-pop shop, a small supermarket, a small food truck. It is not appropriate to impose a fine of more than 50,000 yuan on a "one size fits all" basis for these small and micro business entities' illegal acts that have no subjective intention, low social harm, and relatively minor circumstances.
It can be seen from the revised draft for comments that the adjustment to the fine system is by no means a reduction in food safety penalty standards, nor is it an appeasement or condonation of food safety violations, but an attempt to more accurately determine the balance between "passing" and "penalty". For serious violations of a bad nature, multiple penalties are more severe, and penalties such as license revocation and administrative detention are retained; for minor violations, the penalties are more appropriate and reasonable, achieving a combination of punishment and education.
The "underground" of the rule of law is for the people. Punishment is never the purpose, ensuring food safety is the original intention. Let the warmth and intensity of law enforcement coexist, build consensus from all walks of life, and jointly protect "safety on the tip of the tongue."
(The author is our reporter Lin Lili)
