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【裁判要旨】生产、销售伪劣产品罪与生产、销售不符合卫生标准的食品罪及生产、销售有毒、有害食品罪是一般与特殊的关系,其行为方式相同,只是犯罪对象不同,由此而导致定罪处刑标准各有差异。在食品添加剂中掺入苏丹红一号的行为定性,不仅要根据产品质量检验机构对涉案食品的鉴定结论,还要根据销售金额,依照刑法第一百四十九条的规定,按较重的罪定罪处罚。
[Purposes] The crime of producing and selling shoddy products and the production and sale of food that does not meet the hygiene standards, as well as the production and sale of toxic and harmful foods are general and special relations, and their behavior is the same except for the different targets of crime Resulting in different standards of conviction and punishment. The incorporation of Sudan No. 1 into food additives is not only based on the conclusion of the appraisal of the involved food by the product quality inspection agency, but also according to the sales amount, in accordance with the provisions of Article 149 of the Criminal Law, Sin conviction and punishment.