Abstract
Please refer to the previous Expert’s Legal Opinion on Zhonghe v. Bunge Case which had been issued by the author on 1 November 2006, compiled as Chapter 22 here within this book.
This is actually a supplemental document to previous Expert’s Legal Opinion on Zhonghe v. Bunge Case which was issued by the author on 1 November 2006. For better understanding, please refer to the previous Opinion reentitled “On the Serious Violation of Chinese Jus Cogens: Comments on the Case of importing Toxic Brazilian Soybeans into China,” now compiled in the present same book. This supplemental document was prepared by the author in the name of Xiamen Zhonghe Industry Co., Ltd., in mid-December 2006.
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Notes
- 1.
“Anyone who mixes impurities into or adulterates the products, or passes off a fake product as a genuine one, a defective product as a high-quality one, or a substandard product as a standard one, shall be prohibited by commodity inspection authority from exporting or importing such products, be confiscated of illegal gains, and shall also be fined not less than half but not more than triple the amount from illegal sales. In case it constitutes a crime, the criminal liability shall be pursued.”
- 2.
On 12 May 2004, Xiamen AQSIQ posted on its official website breaking news entitled Xiamen AQSIQ Prohibited Import of over 58900 tons of Brazilian Soybean, which was accessible to the people around the world. The news declared that “this is the 1st time that China has found soybean containing toxicants in international trade, and also the 1st time that China has prohibited the import of bulk grains” and “after survey, the red soybean on the surface in all the holds accounts for 0.76‰. Xiamen AQSIQ Technologic Center discovered carboxin and captan while conducting an inspection on the red soybean. Carboxin is a take-in insecticide, usually used to treat rust and dust brand or as seed coating chemicals. Its toxicant property, acute rat oral, LD503820 mg/kg, indicates that the seeds mixed with this insecticide may not be used as food or feeding stuff. Captan is a wide-spectrum anti-biotics usually used to treat such plant diseases as horse bean anthracnose, damping off, armillaria root rot, the toxic property test on wistars by oral taking with LD503820 mg/kg indicates that it can trigger cancers and the seeds mixed with this insecticide may not be used as food or feeding stuff.
Generally, the seeds covered with toxic coating chemicals are dyed with color caution agent. The seller, while knowing that the soybean under the contract is intended for producing edible oil and soybean meal, still mixed the toxic soybean dyed with color caution agent into the soybean under the contract, which was an extremely ill-intentioned conduct. In accordance with Article 9 of Food Hygiene Law of the People’s Republic of China, Article 35 of the Law of the People’s Republic of China on Import and Export Commodity Inspection, Xiamen AQSIQ decided to bar the importation of the soybean under the contract. (Zhang Zhenmin).”
Note: Zhang Zhenming, who authored this article, is an officer from Xiamen AQSIQ and organized the inspection and found that the soybean under the contract contained poisonous substances (see Appendices 1–2).
- 3.
In March 1999, the legislative institution of China, after modification and supplement, combined the three separate contractual laws, i.e., the Economic Contract Law of the People’s Republic of China, the Law of the People’s Republic of China on Economic Contracts Involving Foreign Interest, and the Law of the People’s Republic of China of Technology Contracts, into the Contract Law of the People’s Republic of China applying to all domestic foreign-related contracts.
- 4.
Article 2: “These Methods shall apply to safety management of import and export of agricultural transgenic organism within the territory of China.”
Article 12: “If agricultural transgenic organism to be exported to China is to be used as materials for processing, foreign company shall apply to the safety management office of agricultural transgenic organism for the Genetically Modified Agricultural Certificate.”
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CHEN, A. (2013). Isn’t the Strict Prohibition on Importing Toxic Brazilian Soybeans into China “Illegal”?—A Rebuttal to Lawyer Song’s Allegation. In: The Voice from China. Understanding China. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-40817-5_23
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DOI: https://doi.org/10.1007/978-3-642-40817-5_23
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