A collective food poisoning incident at Baolin Tea House in Taipei City resulted in the death of six people. The Taipei District Court announced the first instance today (12th). The person in charge, Li Fangxuan, was sentenced to one year and October for negligent death, and the substitute chef Hu Qingfu was sentenced to eight months in prison. The Taipei City Government stated that it is necessary to increase the criminal liability related to the current Food Safety and Hygiene Management Act to strengthen the legal deterrent effect. Since the incident, the city government has continued to actively assist victims and their families in seeking compensation. Currently, 22 people have reached settlements and received compensation, and 6 administrative sanctions have been transferred for enforcement in accordance with the law.
The Legal Affairs Bureau stated that the city government was legally unable to apply for civil leave seizure on behalf of the victim, but it proactively assessed the feasibility and provided legal assistance as soon as possible. It also actively coordinated with department store operators and insurance companies to assist the victims in obtaining substantial compensation through insurance claims, consumer dispute mediation, and group litigation. At that time, the operator was suspected of deliberately concealing information and affecting on-site sampling. At that time, the store manager surnamed Wang claimed that the same batch of kway teow was no longer available for sampling. The inspectors still collected the chef's hands and environmental samples. Subsequently, bunker acid was detected from the chef's hands, which became important evidence for the court to decide this case.
The Legal Affairs Bureau pointed out that the city government has combined private resources to assist the victims and their families in seeking compensation. Currently, 22 people have reached a settlement and received compensation from the group lawsuit filed by the Consumers Cultural and Educational Foundation on behalf of 31 victims and their families, and 9 injured people are still in the litigation process.
The Legal Affairs Bureau emphasized that criminal liability investigation, administrative penalty enforcement and civil damage compensation are different legal procedures, and the city government continues to actively handle them in accordance with the law. In terms of administrative sanctions, the Health Bureau made 6 administrative sanctions in accordance with the law, and all of them were transferred to the Administrative Enforcement Agency of the Ministry of Justice for enforcement within 2 months after the sanctions were imposed. The transfer was completed in 18 days at the fastest without delay. Subsequent property investigation, seizure and enforcement procedures will be handled by the Administrative Enforcement Department in accordance with the law, and the city government will continue to cooperate in tracking the enforcement situation.
In addition, according to the provisions of Article 49-2 of the Food Safety and Hygiene Management Act, in order to prevent the confiscation, dispossession or requisition of illegal gains, the health authorities may detain property or apply to the administrative court for temporary seizure or temporary sanctions in accordance with the law, and are not required to provide guarantees; however, according to the announcement of the Ministry of Health and Welfare on May 19, 2019, the applicable objects of this provision are limited to food operators who have registered a factory, have a capital of NT$100 million or more, and meet the relevant illegal requirements. However, Baolin Tea House’s paid-in capital did not reach the threshold, so it was unable to initiate illegal income preservation procedures in accordance with the provisions of this article.
The Health Bureau further pointed out that according to an investigation by the Taipei District Prosecutor's Office, during the inspection that day, the store manager surnamed Wang had instructed the chef surnamed Hu to hide the kway teow that had been kept at room temperature. The chef surnamed Hu even discarded the remaining kway teow that night and falsely stated the preservation situation to the inspectors the next day. The business operators were suspected of deliberately concealing ingredients and providing false information, which seriously hindered food safety investigations. The Health Bureau has punished a total of 6 cases for related violations according to law, and all of them have been transferred for enforcement in accordance with the law.
