Guiding Case No. 60:

The Dongtai Branch of Aokang Food Co., Ltd. of Yancheng City v.
The Dongtai Administration for Industry and Commerce of Yancheng City,
An Industry and Commerce Administrative Penalty Case†

指导案例60号：
《盐城市奥康食品有限公司东台分公司诉盐城市东台工商行政管理局工商行政处罚案》

By: The Editorial Board / On: February 15, 2023

Table of Contents

Digest
Keywords
Main Points of the Adjudication
Related Legal Rule(s)
Basic Facts of the Case
Results of the Adjudication
Reasons for the Adjudication
Appendix 1

Number of Words (bilingual version)

Approximately 8000

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Image: Marina Pershina, *Olive Oil*, Publicdomainpictures.net

Digest

In May 2016, the Supreme People’s Court of China released Guiding Case No. 60. In the case’s “Main Points of the Adjudication” section, the Supreme People’s Court provides guiding principles regarding, inter alia, the interpretation of certain food safety standards.

In addition to the SINOTALKS^® English translation of Guiding Case No. 60 as well as related explanatory notes in the form of appendices and footnotes, this SinoRules&Cases™ piece explains why the Supreme People’s Court’s principles still have guiding value even though the food safety standards involved in this case are no longer effective.

“[…] this SinoRules&Cases™ piece explains why the Supreme People’s Court’s principles still have guiding value even though the food safety standards involved in this case are no longer effective.”

Keywords

Administrative
Administrative Penalty
Food Safety Standard
Food Label
Food Manual

Main Points of the Adjudication

1. Where a food business operator particularly emphasizes, on a food label or food manual, that […].

2. The [term] “emphasis” [as used in the preceding paragraph] refers to […].

Related Legal Rule(s)

Article 20 and Article 42 Paragraph 1 of the Food Safety Law of the People’s Republic of China (i.e., Article 26 and Article 67 Paragraph 1 of the law as revised on April 24, 2015)

Basic Facts of the Case

[…]

Results of the Adjudication

[…]

Reasons for the Adjudication

[…]

“[The phrase] ‘ingredient(s) with value and special characteristics’ refers to special ingredient(s) […].”

Appendix 1

Food Safety Law of the People’s Republic of China (2009 Version)

[…]

^† The citation of this piece is: The Editorial Board of SINOTALKS^®, Guiding Case No. 60: The Dongtai Branch of Aokang Food Co., Ltd. of Yancheng City v. The Dongtai Administration for Industry and Commerce of Yancheng City, An Industry and Commerce Administrative Penalty Case, SINOTALKS.COM^®, SinoRules&Cases™, Feb. 15, 2023, https://sinotalks.com/sinorulescases/guiding-case-60. After being discussed and passed by the Adjudication Committee of the Supreme People’s Court, Guiding Case No. 60 was released on May 20, 2016.

This translation of Guiding Case No. 60 was prepared by members of the Editorial Board of SINOTALKS^®, and was finalized by Nathan Harpainter, Dimitri Phillips, and Dr. Mei Gechlik. Minor editing, such as splitting long paragraphs and adding a few words included in square brackets, was done to make the piece more comprehensible to readers. Unless stated otherwise, the Digest, any Appendix, and all footnotes have been added by SINOTALKS^®. The translated text is otherwise a direct translation of the original, Chinese text released by the Supreme People’s Court.