The penalty for selling epizootic pork

Currently, epizootic in pig such as African swine fever spread in a large scale at some localities. Some of the farm owners and households who own epizootic pigs still sell epizootic pork in the market. I would like to know what the penalty for selling epizootic pork, which harms people’s health.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

Pork is a popular dish in the daily meals of Vietnamese people. Nowadays, the price of pork in the market is not stable as it used to be, some people sell the epizootic pork causing harm to those who eat it. Depending on the severity, the violators may be sanctioned in the following forms:

1. Administrative sanction:

According to Clause 5, Article 8 of Decree No. 90/2017/NĐ-CP  on violations against regulations on control of diseases of terrestrial animals:

“5. A fine ranging from VND 5,000,000 to VND 6,000,000 shall be imposed for any of the following violations:

a) Transport or trade the infected animals or products of animals infected with the declared animal diseases in the high-risk zones or buffer zones;

b) Sell meat of animals, sub-products and other products of animals subject to compulsory slaughter, which are not yet treated to meet veterinary hygiene standards;

c) Raise or sell animals infected with dangerous infectious diseases after having received the competent authorities’ request for compulsory slaughter or destruction;

d) Fail to destroy or slaughter the infected animals, animals suspected of infection and dead animals according to guidance of veterinary authority.”

In case there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate an investigation or a decision to dismiss the lawsuit issued by the presiding agency, transporting, selling epizootic animals and/or products from epizootic animals within the outbreak areas from February 18, 2020, and causing the damage for the property valued under VDN 100,000,000, according to Clause 4, Article 2 of Decree No. 04/2020/NĐ-CP, the violators must bear the fine range of VND 10,000,000 to VND 15,000,000. The violators must bear the fine range of VND 15,000,000 to VND 20,000,000 if the act causes the damage for the property valued over VDN 100,000,000.

Besides, according to point b, Clause 4, Article 4 of Decree No. 115/2018/NĐ-CP on penalties for administrative violations against regulations on food safety:

"4. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

…

b. Using animals died of diseases or epidemics, or animals which must be destroyed as regulated by-laws, for processing foods, or supplying/ selling foods originated from animals died of diseases or epidemics or animals which must be destroyed if the product value is VND 10,000,000 or more but not serious enough for criminal prosecution..”

2. Criminal responsibilities:

It is stipulated in Article 317 of the Criminal Code 2017 amended and supplemented in 2017 on the offences against regulations of law on food safety and hygiene that:

- A fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment is imposed in case of:

Using animals that died of diseases or epidemics or animals that have to be burned for the production of foods; selling foods in the knowledge that they are derived from animals that died of diseases or epidemics or animals that have to be burned with a number of illegal products assessed at from VND 10,000,000 to under VND 100,000,000 or while having incurred an administrative penalty for any of the offence or having an unspent conviction for the same offence;

- A fine of from VND 200,000,000 to VND 500,000,000 or face a penalty of 03 - 07 years' imprisonment is imposed in cases of:

a) The offence is committed by an organized group;

b) The offence results in the death of a person;

c) The offence causes serious food poisoning for 21 – 100 people;

d) The offence causes ≥ 61% WPI for another person;

dd) The offence causes a total WPI of 61% - 121% for more than one person;

e) The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 20,000,000 to under VND 100,000,000;

g) The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 100,000,000 to under VND 300,000,000;

h) Dangerous recidivism.

- A penalty of 07 - 15 years' imprisonment is imposed in cases of:

a) The offence results in the death of 02 people;

b) The offence causes serious food poisoning for 101 – 200 people;

c) The offence causes a total WPI of 122% - 200% for more than one person;

d) The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;

dd) The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 300,000,000 to under VND 500,000,000;

- A penalty of 12 – 20 years' imprisonment is imposed in cases of:

a) The offence results in the death of ≥ 03 people;

b) The offence causes serious food poisoning for ≥ 201 people;

c) The offence causes a total WPI of 201% for ≥ 03 people;

d) The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 300,000,000;

dd) The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at ≥ VND 500,000,000;

- The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Therefore, the person who sells the epizootic pork shall be fined or bear the criminal responsibilities according to their act’s nature and severity of the act.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Ngo Thi My Tram

FDVN Law Firm

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