Case|Selling illegally imported products, the court ruled to reject all consumer demands
Mr. Zhang bought 5 kinds of imported foods, containing lard, which is prohibited to be traded and sold, and violated the provisions of "Announcement No. 123, 2018 issued by the General Administration of Customs and Ministry of Agriculture and Rural Affairs (On the prevention of the spread of Japanese swine fever into China)", but this provision does not belong to the national food safety standards formulated by the health administration department of the State Council or the food and drug regulatory department. Therefore, there is no legal basis for determining that the product involved is a food violating the national food safety standards, and the court ruled to reject all demands of consumers.
张某购买5种进口食品,含有猪油,为禁止进口经营销售的食品,违反《海关总署农业农村部公告2018年第123号(关于防止日本猪瘟疫情传入我国的公告)》的规定,但该规定不属于国务院卫生行政部门或者食品药品监督管理部门制定的食品安全国家标准,故依此规定认定涉案产品属于违反食品安全国家标准的食品,没有法律依据,法院判处驳回消费者全部诉求。
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