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1986年5月22日,常山县白石粮站误将桐油作食油出售造成食物中毒一案,经两审法院审理认为桐油系非食用油,不属食品,本案为一起工作人员责任事故,判决撤销了常山县卫生防疫站对白石粮站罚款300元的行政处罚决定。本文拟从违反食品卫生法构成要件的角度对该案的法律责任作一粗浅探讨。 1 案情简介 1985年9月4日上午,常山县白石乡小白石村村民董某到白石粮站购买250g食用茶油,由粮站开票员收取茶油现金并开具了茶油
On May 22, 1986, Baishiguang Station of Changshan County mistakenly sold tung oil for food poisoning resulting in food poisoning. After being tried by the two courts of trial, tung oil was considered as non-edible oil and was not a food item. In the present case, a staff accident occurred and the judgment was rescinded Changshan County Health and Epidemic Prevention Station on the Whitehead Station 300 yuan fine administrative penalty decision. This article intends to make a brief discussion on the legal liability of the case from the point of view of violating the constitutional requirements of the Food Sanitation Law. Brief introduction of the case On the morning of September 4, 1985, Dongmou, a villager from Xiaobai Shi Village, Shiraishi Township, Changshan County, purchased 250g of edible tea oil from Shiraishi Station and received cash oil from the station teller and issued tea oil