There is a saying that "if a man is rich, he will become bad, and if a woman becomes bad, he will be rich", the wealthy Boss Zhang began to swell, and all the villas, luxury cars, and small three, four, or five were bought, and the praise of the conference was awarded, and the halo on his head was circled one after another. Later, the price of pigs in the market was lowered, and the business of the canopy farm was not good, and the pig farm had too many pigs to sell at a high price.

In order to improve the lean meat rate of pigs and increase the income of pig farms, Zhang Wantian secretly purchased two kilograms of clenbuterol, which is commonly known as "clenbuterol".

Zhang Wantian has been raising pigs for many years, and naturally knows that clenbuterol is a breeding additive prohibited by the state, but in order to improve the lean meat rate of pigs in his own pig farm, he still secretly added clenbuterol to the feed of more than 100 pigs in the pig farm.

Half a month later, Zhang Wantian sold 50 of the live pigs to Li Quan, who came to collect the pigs. Later, Li Quan sold the pigs to slaughterhouses in several nearby counties.

It didn't take long for many people in nearby counties to begin to experience symptoms of poisoning such as headaches, dizziness, muscle twitches, shortness of breath, and vomiting to varying degrees, and the county hospital was crowded with patients for a while.

Such a big incident happened in the county, which alarmed the above, and an investigation team was immediately set up to investigate the poisoning incident.

According to the hospital's diagnosis, the symptoms of the people in the county hospital were all caused by food poisoning. After checking and checking, the public security department found that all the ordinary people who showed symptoms of poisoning had eaten pork. Later, the public security department followed the vine and found the canopy farm.

After sampling and testing by the Provincial Feed Supervision Institute, the urine samples of the pigs in Zhang Wantian's inventory all contained clenbuterol hydrochloride and were positive.

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

Zhang Wantian's daughter-in-law, the proprietress of the Tianpeng Farm, was anxious when she saw her husband being arrested, and found several lawyers to consult.

In desperation, she found Hua Liancheng and asked him to come forward and invite some experts to discuss her husband's case to see if he would be sentenced and sentenced to a few years.

"This is the whole case, two days ago, we have sent the case file materials to your mailbox, I think you have already read it, now please speak on this case, express your opinions." Hualian became enlightened.

"I'll start by throwing bricks and giving me my opinion." Lawyer Zhao cleared his throat and said, "After I got the case file, I inquired about whether 'Clenbuterol' is a food raw material.

According to the results of my inquiry, 'Clenbuterol' is medically called clenbuterol, which belongs to β-adrenaline stimulants, and is a human drug used to treat diseases such as bronchial asthma, chronic bronchitis and emphysema, which does not belong to the category of food and belongs to non-food raw materials. ”

"Well, I also asked a friend in medicine and checked the literature, if 'Clenbuterol' is used as a feed additive to feed pigs, residues will be formed in pigs, including liver, lungs, eyeballs, and kidneys.

Meat products with clenbuterol can show signs of poisoning when consumed, and the most typical symptoms are muscle tremors, heart palpitations, headaches, dizziness, nausea, vomiting, fever, trembling, etc., and even lead to death. Therefore, 'Clenbuterol' is a toxic non-food raw material.

Therefore, the addition of clenbuterol to pig feed is strictly prohibited. At this point, there must be no controversy. A white-haired old man with a lot of academic spirit followed along.

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

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

"Now that the problem of Clenbuterol has been solved. Let me give you my opinion, I think there may be a problem with the charges against Zhang Wantian by the public security department and the procuratorate.

Article 144 of the Criminal Law stipulates that anyone who mixes toxic or harmful non-food raw materials into food produced or sold, or sells food that is knowingly adulterated with toxic or harmful non-food raw materials, constitutes the crime of producing or selling toxic or harmful food.

So whether the pigs in the pig farm are considered food, if not food, then Zhang Wantian's behavior does not constitute the crime of producing and selling toxic and harmful food.

To this end, I consulted the Food Sanitation Law of the People's Republic of China, which stipulates that food production and operation refers to all food production, collection, purchase, processing, storage, transportation, display, supply, sales and other activities.

According to the above provisions, pig farms belong to the breeding industry, and pig raising in pig farms 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, I don't know what you think. The old man whose name was Zhou Qiming on the table said energetically. He is a professor at the law school of another university.

"Well, I agree with Professor Zhou. Pigs raised on pig farms should not be classified as production food, pigs are food raw materials and not food, and only pork is food. A round-faced old man in his fifties next to Professor Zhou nodded.

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

Li Xiangrui has a little impression of Fang Yi, who often appears in TV law popularization programs and is very famous. The evaluation of him by people in the circle is that he "has a set of words", which can be understood as fooling, and he seems to be "very professional" on his lips, but in fact, his professional level is average, and he usually doesn't do any cases at all. Such people are very popular in today's legal circles, but lawyers who handle cases honestly do not have many clients.

"I think Mr. Lee's point of view is debatable. If we reason from this, raw pork should not be food, only cooked pork is. This view is too mechanical. Wan Kefa said lightly.

He didn't look down on Li Xiangrui, let alone agree with his opinions.

"Well, I support Mr. Wan's point of view.

From a practical point of view, the live fish sold in the market, the various fruits picked in the picking garden, and the vegetables picked from the field are all food for the common people. From the point of view of an ordinary person, these things are also imported food, and no one will deny this.

The view that pigs do not belong to food not only does not conform to the concept of ordinary people, but also makes criminal legislation and criminal justice at a loss due to the misunderstanding and application of administrative law. The old man, who had not spoken, said suddenly.

Fang Yi deliberately glanced at the label in front of him, he is a special expert of Wanhua United Law Firm, a retired judge of the High Court, called Xing Tianzheng. I have to say that this name is very compatible with his temperament.

(End of chapter)