Author: Snow Yinghong Plum

There is a saying that "Men will become bad if they have money, and women will become bad if they have money." The rich boss Zhang began to expand. He bought all villas, luxury cars, and small threes, fours and fives. The praises of the conferences were issued, and the halo on his head was circle after circle. Later, the pig prices in the market were lowered, and the business of Tianpeng Breeding Farm was not easy to do, and there were too many pig stocks in the pig farm that could not be sold at a price. If people feed them like this, the funds of Tianpeng Breeding Farm would have problems.

In order to increase the lean meat rate of live pigs and increase the income of pig farms, Zhang Wantian secretly purchased two kilograms of clenbuterol hydrochloride, which is what we commonly call "clenbuterol".

Zhang Wantian has been raising pigs for many years and naturally knew that clenbuterol is a breeding additive that the country explicitly prohibits. However, in order to increase the lean meat rate of pigs in his own pig farm, he secretly added clenbuterol to the feed of more than 100 pigs in the pig farm.

Half a month later, Zhang Wantian sold fifty of the pigs to Li Quan who came to collect the pigs. Later, Li Quan sold the pigs to slaughterhouses in several nearby counties.

Not long after, many ordinary people in several nearby counties began to experience symptoms of poisoning of varying degrees, such as dizziness, muscle twitching, shortness of breath, vomiting, etc. For a time, the county hospital was crowded with patients.

Such a big incident happened in the county, which alarmed the superiors. The superiors immediately set up an investigation team to start an investigation into the poisoning incident.

After the hospital diagnosed that the symptoms of the people in the county hospital were all caused by food poisoning. After investigation, the public security department found that all the people with symptoms of poisoning had eaten pork. Later, the public security department followed the clues and found the Tianpeng Breeding Farm.

After sampling and inspection by the Provincial Feed Supervision Institute, all the urine samples of the pigs in Zhang Wantian's stock contained clenbuterol hydrochloride, which was positive.

Immediately afterwards, the public security department arrested Zhang Wantian for the crime of producing, selling toxic and harmful food, and then transferred the case to the procuratorate.

Zhang Wantian's wife and the owner of Tianpeng Breeding Farm were anxious when she saw her husband being arrested. She found several lawyers to consult. The results of the consultation were varied, which made her dizzy.

In desperation, she found Hua Liancheng and asked him to come forward and invite some experts to discuss the case of her husband to see if she would be sentenced and how many years would she be sentenced.

"This is all the case. Two days ago, we sent the case files to your email address. I believe you have read it. Now please speak on this case and express your opinions." Hua Lianchengdao.

"I will first throw away my bricks and give me my opinion." Lawyer Zhao cleared his throat and said, "After I obtained the case file, I checked whether 'crosbuterol' belonged to food raw materials.

According to the results of my query, 'clambuterol' is medically called clenbuterol hydrochloride, which is a beta-adrenaline stimulant. It is a human drug used for the treatment of bronchial asthma, chronic bronchitis and emphysema. It does not belong to the category of food and is a non-food raw material."

"Well, I also asked my friends in medicine and checked the literature. If 'clamperin' is fed with pigs as feed additives, it will form residues in the pig's body, including the residual amount in the liver, lungs, eyeballs, and kidneys.

Meat products with clenbuterol will show signs of poisoning after being eaten by people. The most typical symptoms are muscle tremors, palpitations, headaches, dizziness, nausea, vomiting, fever, tremor, etc., and even death. Therefore, "crospin" is a toxic non-food raw material.

Therefore, adding clenbuterol to pig feed is strictly prohibited. At this point, I believe there is no controversy." A white-haired old man with a very angry academy followed.

Through his desk sign, Fang Yi knew that he was a law professor at a local university, named Zhou Liansheng.

After he spoke, everyone expressed their opinions on the issue of clenbuterol.

"Since the problem of clenbuterol has been solved. Let me tell you my opinion, I think there may be problems with the charges accused by the public security department and the procuratorate of Zhang Wantian.

Article 144 of the Criminal Law stipulates that the incorporation of toxic and harmful non-food raw materials into the food produced and sold, or the sale of foods known to be mixed with toxic and harmful non-food raw materials constitutes the crime of producing and selling toxic and harmful food.

So is the live pigs in the pig farm considered food? If they are not considered food, then Zhang Wantian's behavior does not constitute the crime of producing and selling toxic or harmful food.

To this end, I have reviewed the Food Hygiene Law of the People's Republic of China. Article 54 of the Law stipulates that food production and operation refer to all food production (excluding planting and breeding), collection, acquisition, processing, storage, transportation, display, supply, sales and other activities.

According to the above provisions, the pig farm belongs to the breeding industry, and the pigs in the pig farm should not belong to food production and operation. Since it does not belong to food production and operation, Zhang Wantian's behavior naturally does not constitute the crime of producing and selling toxic food. This is my opinion on this case, and I don't know what everyone thinks." The old man whose name on the table sign was Zhou Qiming said with a trembling spirit. He is a professor at another university's law school.

"Well, I agree with Professor Zhou's opinion. Raising pigs in pig farms should not be a food production. Pigs are food raw materials rather than food, and only pork is food." A round-faced old man next to Professor Zhou nodded.

His name is Li Xiangrui, he is a member of the Municipal Law Society and a partner of another medium-sized law firm.

Fang Yi, a person from Li Xiangrui, has a little impression. He often appears in TV legal publicity programs and is very famous. People in the circle evaluate him as "having a trick" which can be understood as fooling him. He seems to be "very professional", but in fact his professional level is average and he doesn't handle cases at all. Nowadays, such people are very popular in the legal circle. The lawyers who handle cases honestly do not have many clients.

"I think Lawyer Li's view is worth discussing. If we reason about this, raw pork should not be food, only cooked pork is food. This view is too mechanical." Wan Kefa said without salt or light.

He looked down on Li Xiangrui, and he did not agree with his opinions.

“Well, I support Lawyer Wan’s point of view.

From a realistic perspective, the live fish sold on the market, the various fruits picked in the picking garden, and the vegetables picked from the fields are all food for ordinary people. From the perspective of an ordinary person, these things are also foods for entry, and no one will deny this.

The view that live pigs do not belong to food is not only in line with the general concept, but also makes criminal legislation and criminal justice at a loss due to their misunderstanding and application of administrative laws." The powerful old man who had not spoken suddenly said.

Fang Yi took a special look at the label in front of him. He is a special expert of Wanhua United Law Firm and a retired judge of the High Court. His name is Xing Tianzheng. I have to say that this name is very harmonious with his temperament.
Chapter completed!