Shanghai courts get tough on food safety violations

Fines for offenders have also been raised from 283,000 yuan to more than 3.74 million yuan on average. None of those convicted in the six cases judged on Monday received a suspended sentence, in contrast with six suspended sentences between 2011 and May 2013.

"Since the judicial explanation was published, Shanghai courts have abided by the principle of applying heavy penalties, while limiting the use of non-custodial sentences," said Zou Bihua, vice-president of the Shanghai High People's Court.

In one case, Zhou said, the defendant Zhang Ruguo received six years in prison for selling nearly seven tons of expired moonmakes, making a profit of more than 100,000 yuan.

Under the law, Zhang would have received no more than five years in prison if the court had considered only the amount of money involved, Zou said.

"But the court felt that the costs involved in reselling the expired mooncakes were low, and the number of mooncakes sold indicated that many people had been harmed by the unhealthy food. So we identified this as a serious crime and gave him the sentence," Zou said.

When police previously raided small restaurants and found them selling food products containing prohibited ingredients, the fines were usually around 1,000 yuan, because the total amount of tainted food sold was hard to trace. But such fines have now been raised to between 40,000 and 50,000 yuan, Zou added.

Some legal experts have applauded the tougher sentences.

"Food safety is a basic element of daily life, and law enforcement agencies should have zero tolerance and work with other watchdogs to deter violators," said Qiu Baochang, head of the lawyers group of the China Consumers' Association.

Related: Yili looks to Italy for better milk

New food materials need risk assessment