Tuoi Tre Online readers expressed their dissatisfaction when the owner of the facility growing bean sprouts with toxic chemicals in Hue was not criminally prosecuted – Photo: TUNG NGAN
Proposal to prosecute the owner of the facility that grew 750kg of bean sprouts with chemicals
As reported by Tuoi Tre Online , Hue City Police discovered a facility using the chemical 6-Benzylaminopurine (a growth stimulant) to grow bean sprouts at 7/1/56 Duy Tan, An Cuu Ward, Hue City, owned by Mr. Le Thanh Vu (67 years old).
Mr. Vu confessed to buying the above chemicals to water the price to stimulate the price to develop blisters and shorten the roots, then selling them to the Hue City market.
After checking, the police discovered 750kg of bean sprouts being grown this way at Mr. Vu's facility.
After taking the sample for examination, Hue City Police only proposed an administrative fine of 45 million VND and suspending the facility for 2 months for the above unacceptable behavior.
The reason is that according to regulations, the value of the 750kg seized at the facility has a market price of no more than 10 million VND, so there is not enough basis to initiate a prosecution. If Mr. Vu re-offends, the police will have enough basis to initiate a prosecution.
Expressing dissatisfaction with the above information, Tuoi Tre Online readers said that the owner of the facility growing bean sprouts with chemicals was not prosecuted, showing disregard for consumers' health.
According to reader Nguyen Huu Thuan, such a fine is too light for human health. Reader Vu Hoang commented: "Prosecution is recommended, because the consequences to consumers' health are immeasurable."
“I agree with the opinions that this case and other cases should be criminally prosecuted. I will only give examples such as drunk driving, spreading nails on the road… They should be severely punished to set an example for others,” wrote reader Nguyen Le Quang.
Lawyers propose to amend the penalty regime
Speaking with Tuoi Tre Online , lawyer Vo Cong Hanh (Thua Thien Hue Province Bar Association) said that the police's proposal to administratively punish the facility growing bean sprouts with toxic chemicals as above is in accordance with regulations.
According to Mr. Hanh, according to the provisions of Decree 115/2018 (amended by Decree 124/2021), administrative violations of food safety will be fined, with a maximum of 100 million VND for individuals and 200 million VND for organizations.
In addition, additional penalties may be applied, such as revoking the right to use the certificate of food safety qualified facility; suspending operations for a period of time, confiscation of evidence and means of violation.
Regarding criminal handling, based on Article 317 of the 2015 Penal Code (amended and supplemented in 2017), serious violations of food safety can be prosecuted with 4 penalty frames.
The lowest penalty is a fine of 50-200 million VND or 1-5 years in prison for using banned or unsafe materials or chemicals worth 10-100 million VND.
In this case, Mr. Hanh stated that because the value of the batch of rice discovered to be grown with chemicals was not worth more than 10 million VND, the authorities did not have enough grounds to initiate a criminal case under Article 317 of the 2015 Penal Code (amended and supplemented in 2017).
“Although the above behavior is unacceptable and disregards the health and lives of consumers, we still have to comply with current legal regulations. The law must be based on quantitative, not qualitative factors,” said Mr. Hanh.
Through the incident, Mr. Hanh said that the sanctions for using toxic chemicals in food production and processing are still too low, not enough to deter and prevent violations.
“It is necessary to amend and supplement regulations in the direction of increasing administrative penalties and criminal prosecution in the field of food safety if the amount of damage is less than 10 million VND in value of the violated goods if it causes serious harm to consumers' health,” said Mr. Hanh.
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