Reporter: Liu Dongli Recently, Zhejiang Ciyue Health Management Co., Ltd. Ningbo Branch was fined 30,000 yuan for adding Dang Shen (Codonopsis pilosula) to chicken soup served to postpartum women, as imposed by the market regulatory authority, which has sparked heated discussions among netizens. Food experts stated that Dang Shen is not a food or medicinal substance, and should not be added arbitrarily in food production and operation.
Penalty information from Tianyancha
It is understood that Zhejiang Ciyue Health Management Co., Ltd. Ningbo Branch is a postpartum care center. Tianyancha shows that on May 25, 2022, market regulatory enforcement personnel found jars of various Chinese herbs including Yi Mu Cao (Leonurus japonicus), Yin Yang Huo (Epimedium), Mai Dong (Ophiopogon japonicus), and Dang Shen in the kitchen during an on-site inspection. Their service package included a “Qi and Blood Nourishing Soup,” which contained Dang Shen and Chen Pi (Dried Tangerine Peel) added to chicken soup for postpartum women. According to investigations, Dang Shen does not belong to substances that are both food and medicinal herbs. Based on the Food Safety Law, the Haishu District Market Supervision Bureau of Ningbo imposed a fine of 30,000 yuan on them. This incident has sparked heated discussions among netizens. Some netizens believe that since Dang Shen is a medicinal herb, it should not be added casually to food; others are puzzled: many people add Dang Shen and Goji Berries (Lycium barbarum) to their homemade chicken soup, so why were they fined? In response, Associate Professor and Doctor of Law Zhuang Han from Wuhan University Law School stated that Article 123, Item 6 of the Food Safety Law stipulates that no drugs may be added to food produced and operated. According to the “Directory of Substances Traditionally Recognized as Both Food and Medicinal Herbs,” Goji Berries, Chen Pi, and other medicinal herbs are included in the directory, indicating that these substances can be added to food, but Dang Shen is indeed not listed. Therefore, it cannot be added to food produced and operated. Reporter from Jimu News has found that there are clear regulations from relevant departments regarding substances that are both food and medicinal herbs. On February 28, 2002, the Ministry of Health issued a notice on further regulating the management of health food ingredients, identifying 87 substances such as Clove, Star Anise, Sword Bean, and Fennel as both food and medicinal herbs; on November 25, 2019, the National Health Commission and the State Administration for Market Regulation issued a notice adding six substances including Angelica (Angelica sinensis) to the directory of substances traditionally recognized as both food and medicinal herbs, to be used only as spices and flavorings. So, regarding the behavior of adding Dang Shen when making soup at home, is it correct or not? Professor Pan Siyu from the College of Food Science and Technology at Huazhong Agricultural University believes that substances that are both food and medicinal herbs refer to those traditionally recognized as food and listed in the “Directory of Substances Traditionally Recognized as Both Food and Medicinal Herbs.” There is indeed a saying in folk culture about the dual use of food and medicine, but there is also the saying that “all medicine has some toxicity.” Therefore, from a food safety perspective, drugs should not be added to food produced and operated. If not necessary, it is not recommended for everyone to add medicinal herbs when making soup at home.“However, adding Dang Shen to chicken soup is not a vulgar practice and can be changed through ‘cultural transformation.’” Zhuang Han stated that in 2020, the National Health Commission issued a notice on conducting pilot work for managing nine substances including Dang Shen as both food and medicinal herbs. The notice pointed out that pilot work would be conducted for substances like Dang Shen to explore the feasibility of including them in the food and medicinal substance directory management. This means that if the pilot is successful in the future, Dang Shen may also be promoted to food status. However, under the current circumstances where the directory has not changed, from a normative perspective, the penalty imposed by the market supervision bureau is legally justified, and the fine of 30,000 yuan, being below the statutory minimum penalty of 100,000 yuan, has already considered the principle of proportionality and the construction of a favorable business environment. Source: Jimu News (Reporter: Liu Dongli) Correspondents: Zhou Jinxing, Wang Lu Editor: Liu Siyu Review: Zhang Xin
Intern: Zhu Jiahui
