贩卖病死动物及其产品刑事责任问题的探讨

贩卖病死动物及其产品的违法行为严重威胁着畜牧业的健康发展和人民群众食肉安全,但为何贩卖病死动物及其产品的违法行为很难给予严惩？其违法行为何屡禁不止？笔者结合实际工作中的案例,浅谈一下贩卖病死动物及其产品违法行为的刑事责任问题。     

查处一起违法屠宰经营病猪肉案

<正>1案情2010年1月1日,吉安县生猪定点屠宰办在联合打击私屠滥宰和病死病害猪肉非法交易专项整治工作中,对县城猪肉市场进行专项检查时,发现路边一小摊贩在卖猪肉。该摊主王某见执法人员过来,神色慌张。经工作人员检查,发现没有产品检疫     

辽宁省人民政府关于严厉打击非法加工贩卖病死动物及其产品的通告

为严厉打击非法加工、贩卖病死动物及其产品违法犯罪行为,保障畜产品质量安全和人体健康,维护社会稳定,依据国家有关法律法规,现就有关事项通告如下：
　　一、从事动物饲养、屠宰和经营,从事动物产品加工、经营、使用的单位和个人是防止病死动物及其产品进入食物链的第一责任人。     

贩卖病死动物及其产品刑事责任问题的探讨

贩卖病死动物及其产品的违法行为严重威胁着畜牧业的健康发展和人民群众食肉安全,但为何贩卖病死动物及其产品的违法行为很难给予严惩?其违法行为何屡禁不止?笔者结合实际工作中的案例,浅谈一下贩卖病死动物及其产品违法行为的刑事责任问题.     

鉴定病死畜禽产品四种理化方法的有效性和适用性研究

目前已有多种可用于肉品卫生质量检验的理化方法,但是对其有效性的确认,并不完全一致。为进一步筛选并明确能够用于快速准确鉴定病死畜禽产品的理化方法,利用实际采集的200份病死畜禽和126份健康畜禽样本,对硫酸铜沉淀法、微生物毒素法、pH试纸法、过氧化物酶法4种理化方法进行了有效性筛选,并研究了各方法对不同储存温度和时间,以及不同病原感染的病死畜禽样品鉴定的适用性。结果显示,硫酸铜沉淀法对病死猪肉有效鉴定率为68.7%(79/115),对病死鸡肉的有效鉴定率为81.2%(69/85),对畜禽样品总体鉴定准确度达81.4%;且在室温当天、冷藏3 d以及冷冻7 d和30 d条件下适用性较好,对于病毒和细菌感染的样品都适用。微生物毒素法对病死畜禽产品鉴定的敏感性较高(75.0%),但特异性低(34.8%)。pH试纸法对于病死猪肉的鉴定有效性尚可(76.3%),适用性也较好,但对病死鸡肉的鉴定有效性较差。过氧化物酶法对病死猪肉的检出率为58.3%,对不同温度和时间以及不同病原感染样品的适用性也较好,但对病死鸡肉的鉴定效果不佳。结果表明,硫酸铜沉淀法可用于病死畜禽产品鉴定,微生物毒素法对病死畜禽产品的鉴定效果较差,pH试纸法和过氧化物酶法可有效鉴定病死猪肉。     

查处一起病害猪肉案的思考

案情介绍2002年6月5日,涪陵区动物防疫监督所接群众举报,有人利用客车运送病死猪肉。于是该所执法监督人员与刑警五大队干警一起,在万盛区开往涪陵区一客车的后备箱中,查获病死猪1头(系从南川市水江镇装运)。     

厦门宣判一起特大生产、销售病死猪肉案

人民网厦门集美区法院近日宣判一起特大非法生产、销售病死猪肉案件，4名被告人被判刑。其中，被告人张连泉生产、销售病死猪肉数量达5.9万余公斤，被判处有期徒刑6年。     

生猪产品质量安全的确保措施

近来,猪肉价格上涨较快。随着肉价不断攀升,一些贩卖、加工病死或死因不明猪的违法事件逐渐增多。重庆市万州区动物卫生监所不断接到举报电话,称有人用低价买来病死或死因不明的死猪,用封闭式长安车、面包     

细菌毒素氧化呈色法和过氧化物酶法检验病害猪肉的比较

细菌毒素氧化呈色法和过氧化物酶法都是检验病害猪肉的常规检验方法。采集病害猪肉和健康猪肉各30份,通过对健康猪肉和病死猪肉同时用过氧化物酶法和细菌内毒素呈色法进行检测,比较两种方法的准确性、精确度及适用性。结果表明,细菌毒素氧化呈色法和过氧化物酶法检验病害猪肉都有很高的检出率,达到了100%。检验市场上购买的健康猪肉时,过氧化物酶法优于细菌毒素氧化呈色法。     

一起非法贩卖病死猪肉及猪下水案的查处

2003年3月9日，南昌市动物监察大队接到群众举报，有一团伙准备在本市某巷口贩卖病死猪肉及猪下水。在公安派出所的协助下，我监察大队立即组织监督执法人员赶往该地点，同时联系市电视台实地拍摄。当场查获病死猪肉及猪下水100余斤。监督执法人员立即对     

Heartworm in dogs in Canada in 1984

In late December 1984, 1853 institutional veterinarians and small and mixed animal clinics across Canada were sent a questionnaire in order to assess the status of Dirofilaria immitis in Canada in 1984 and 35% of them responded. Veterinarians reported that 97,794 dogs were blood-tested to check for microfilariae and 1417 dogs (1.45% of those tested) were found with heartworm. Another 34 dogs were amicrofilaremic, but were diagnosed as having heartworm disease, to give the total number diagnosed in 1984 as 1451 (1.48%). Heartworm was reported from all provinces except Prince Edward Island and Newfoundland but most (1310) of the cases were in Ontario. In Quebec, 126 cases were reported mostly from west of Montreal.

Heartworm was found most frequently in companion dogs over three years of age maintained mainly outdoors in rural areas. About 27% of the cases were observed with clinical signs of heartworm disease and 72% had a history of not having left Canada. Southwestern Ontario continued to be the primary focus of the infection.

     

Heartworm in dogs in Canada in 1985

In late December 1985, 1485 institutional veterinarians and small and mixed animal clinics across Canada were sent a questionnaire in order to assess the status of Dirofilaria immitis in Canada in 1985 and 44% of them responded. Veterinarians reported that 137,300 dogs were blood-tested to check for microfilariae and 1210 dogs were found with heartworm. Another 36 dogs were amicrofilaremic but diagnosed with heartworm disease to give the total number diagnosed in 1985 as 1247 (0.91%).

Heartworm was reported from all provinces except Prince Edward Island, Newfoundland and Saskatchewan but most (1126) of the cases were in Ontario. Southwestern Ontario continued to be the primary focus of the infection in Canada. From Quebec, 91 cases were reported mostly from and around Montreal. From Manitoba, 19 cases were reported from Winnipeg and surrounding areas. Heartworm was found most frequently in companion dogs over three years of age maintained mainly outdoors in rural areas. About 28% of the cases were observed with clinical signs of heartworm disease and 78% had a history of not having left Canada.

     

Heartworm in dogs in Canada in 1988

In late November 1988, 1581 small and mixed animal clinics and institutional veterinarians across Canada were sent a questionnaire in order to assess the status of Dirofilaria immitis in Canada in 1988, and 46% of them responded. Veterinarians reported that 181,577 dogs were blood-tested for heartworm disease and 367 dogs were found with D. immitis microfilariae. Another 60 dogs were amicrofilaremic but diagnosed with heartworm disease to give the total number of cases diagnosed in 1988 as 441 (0.24%).     

Heartworm in dogs in Canada in 1989

In late November 1989, 1732 clinics and institutional veterinarians were sent a questionnaire to assess the status of Dirofilaria immitis, and 51.7% responded. Of 247,716 dogs tested, 394 had D. immitis microfilariae and 51 were amicrofilaremic for a total of 445 cases and heartworm prevalence of 0.17%. Most (408) of these dogs had no preventive medication and the prevalence among dogs tested and unprotected was 1.01%. That prevalence was considerably higher in endemic areas. Thirty-seven dogs with heartworm had preventive medication. Heartworm was most frequent in companion dogs over three years of age maintained outdoors in rural areas. About 75% of the cases had never left Canada, 26% had clinical signs and 125 were not treated.

Heartworm was reported from British Columbia, Manitoba, Ontario, Quebec, Nova Scotia and Newfoundland, but 383 cases were in Ontario. South-western Ontario was the primary focus of infection. There were 33 cases in Quebec and 24 in Manitoba, mainly found in and around Metropolitan Montreal and Winnipeg respectively.

     

Heartworm in dogs in Canada in 1987

In late November 1987, 1246 institutional veterinarians and small and mixed animal clinics across Canada were sent a questionnaire in order to assess the status of Dirofilaria immitis in Canada in 1987, and 50% of them responded. Veterinarians reported that 165,428 dogs were blood tested for heartworm disease and 511 dogs were found with D. immitis microfilariae. Another 78 dogs were amicrofilaremic but diagnosed with heartworm disease to give the total number of cases diagnosed in 1987 as 589 (0.35%).     

Heartworm in dogs in Canada in 1986

In late December 1986, 1224 institutional veterinarians and small and mixed animal clinics across Canada were sent a questionnaire in order to assess the status of Dirofilaria immitis in Canada in 1986; 46% of them responded. Veterinarians reported that 150,989 dogs were blood-tested for microfilariae and 869 dogs were found with heartworm. Another 65 dogs were amicrofilaremic but diagnosed with heartworm disease and one was found with heartworm at necropsy to give the total number diagnosed in 1986 as 935 (0.62%).

Heartworm was reported from Manitoba, New Brunswick, Ontario and Quebec, but most (810) of the cases were from Ontario. South-western Ontario continued to be the primary focus of the infection in Canada. There were 103 cases reported from Quebec, mostly from and around Montreal, and 21 cases from Manitoba, from Winnipeg and surrounding areas. Heartworm was found most frequently in companion dogs over three years of age maintained mainly outdoors in rural areas. About 33% of the cases were observed with clinical signs of heartworm disease and 81% had a history of not having left Canada.

     

Heartworm in dogs in Canada in 1991

In late November 1991, 1883 clinics in Canada were sent a questionnaire to assess the status of Dirofilaria immitis in dogs in 1991 and there was a 60.0% response. There were 344,031 dogs tested for heart-worm (HW), 627 were found infected and the prevalence of HW infection was 0.18%. There were 417 dogs with HW in Ontario, 116 in Manitoba, 38 in Quebec, 53 in British Columbia, three in Alberta, and one in Nova Scotia. In British Columbia, all of the infected dogs but one were from the Okanagan valley which, as from 1991, is a new focus of infection in Canada. Most dogs with HW had not been on preventive medication in 1990, and the prevalence among dogs tested and unprotected was 0.59%. That prevalence was considerably higher in endemic areas. Companion dogs, over three years of age and maintained primarily outdoors in rural areas, were most frequently infected. One cat was diagnosed with D. immitis and 33 dogs had Dipetalonema reconditium.     

Heartworm in dogs in Canada in 1983

In late December 1983, 2 800 veterinarians across Canada were sent a questionnaire in order to assess the status of heartworm disease in Canada in 1983 and 26% of them responded. Veterinarians reported that 59 504 dogs were blood-tested to check for microfilariae and 771 dogs (1.30% of those tested) were found with Dirofilaria immitis. Heartworm disease was diagnosed in all provinces except New Brunswick and Newfoundland but most (733) of the cases were in Ontario.

Heartworm disease was found most frequently in companion dogs over three years of age maintained mainly outdoors in rural areas. About 31% of the cases were observed with clinical signs of heartworm disease and 64% had a history of not having left Canada. Southwestern Ontario continues to be the focus of the infection and most of the dogs there had not left the province previously.