1. Which operators need to apply for “Food Business License”?
According to Article 35 of the Food Safety Law, a state implements a permission system for food production and operation.Entering food (including health food) production, food sales, and catering services shall obtain permits in accordance with the law and apply for the “Food Operation License” to engage in food production and operation.
2. What legal liabilities do you need to take on “Food Operation License” to engage in food production and operation?
Article 122 of the Food Safety Law violates the provisions of this Law and fails to obtain food production and operation permits to engage in food production and operation activities, or fails to obtain food additive production permits to engage in food additive production activities shall be engaged in food additive production activities.Safety supervision and management departments confiscate illegal income and food, food additives, and tools, equipment, raw materials and other items used for illegal production and operation;Fined fines of more than 100,000 yuan; if the value of the value of more than 10,000 yuan, the value of the value of more than ten times and 20 times the amount of the goods is fined.Knowing that illegal acts stipulated in the preceding paragraph still provide them with production and operation venues or other conditions, the food safety supervision and management department of the people’s government at or above the county level or order illegal acts, confiscate illegal income, and at 50,000 yuan and 100,000 yuan.The following fines; if the legitimate rights and interests of consumers are damaged, they shall bear joint responsibility with the production and operators of food and food additives.
3. Which foods are prohibited?
“Food Safety Law” Article 34 prohibits the production and operation of the following foods, food additives, and food -related products:
(1) Foods produced with non -food raw materials or chemicals other than food additives and other foods that may endanger human health materials, or foods produced with recycled foods as raw materials;
(2) Pathotic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants, as well as other material content that harms human health than food safety standards, food additives, food -related products;
(3) Foods and food additives produced by food raw materials and food additives exceeding the shelf life;
(4) Foods that use food additives in over -range and over -limits;
(5) The nutritional ingredients do not meet the food safety standards for infants and young children and other specific people.
(6) Corruption deterioration, fatty acidity, moldy insects, dirty and unclean, mixed with foreign objects, adulterated or mixed or sensory traits of food and food additives;
(7) Poultry, animals, beasts, aquatic animals and products with sickness, poisoning, or unknown causes;
(8) Failure to conduct quarantine or unqualified meat in accordance with regulations, or unspeakable or unqualified meat products;
(9) Foods and food additives contaminated by packaging materials, containers, transportation tools, etc.
(10) Mark food and food additives that are marked with false production dates, quality periods or exceeding the shelf life;
(11) Pre -packaged food and food additives without labels;
(12) Foods that are prohibited and operated by the state for prevention and other special needs for prevention;
(13) Other foods, food additives, and food -related products that do not comply with laws, regulations or food safety standards.
4. What legal liabilities do you need to assume illegal operations to prohibit the production and operation of food?
Article 123 of the Food Safety Law has one of the following circumstances, and if it does not constitute a crime, the food safety supervision and management department of the people’s government at or above the county level confiscation of illegal income and illegal production and operation can be confiscated for it.Illegal production and operation tools, equipment, raw materials and other items; if the value of food value for illegal production and operation is less than 10,000 yuan, and a fine of 100,000 yuan or less;The value of the value of the value is more than fifteen times and less than thirty times; if the circumstances are serious, the license is revoked, and the public security organs can be detained by the public security organs directly responsible for their direct responsible persons and other direct responsible persons.
(1) Use non -food ingredients to produce foods, add chemicals other than food additives to food, and other substances that may endanger human health, or use recycled foods as raw materials, or operate the above foods;
(2) The production and operation of nutrients does not meet the food safety standards for the main and auxiliary foods of infants and children and other specific groups;
(3) Poultry, animals, beasts, aquatic animal meats with unknown death, poisoning, or unknown causes, or production and operation of their products;
(4) Study of meat that fails to conduct quarantine or quarantine in accordance with regulations, or produce and operate meat products that have not been inspected or inspected in unqualified;
(5) Foods that are prohibited from production and operations in order to prevent disease prevention in production and operations;
(6) Foods that add medicines for production and operation.
Knowing that illegal acts stipulated in the preceding paragraph still provide them with production and operation venues or other conditions, the food safety supervision and management department of the people’s government at or above the county level or order illegal acts, confiscate illegal income, and be 100,000 yuan and more than 200,000If a fine below the yuan; if the legitimate rights and interests of consumers are damaged, they shall bear joint responsibility with food production and operators.
Those who use highly toxic and highly toxic pesticides in illegal law shall be detained in accordance with relevant laws and regulations, and the public security organs may be detained in accordance with the provisions of the first paragraph.
Article 124 of the Food Safety Law has one of the following circumstances, and if it does not constitute a crime, the food safety supervision and management department of the people’s government at or above the county level confiscates illegal income and food additives that illegally produces and operates illegal production and operation.Tools, equipment, raw materials and other items used for illegal production and operation; those with illegal production and operation and operation of food and food additives are less than 10,000 yuan, and they are fined 50,000 yuan to 100,000 yuan.The above, and the amount of the goods is more than ten times the amount of more than twenty times; if the circumstances are serious, the license is revoked:
(1) Portable microorganisms of production and operation, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants, as well as other substances that endanger human health than food safety standards for food safety standards; food additives;
(2) Use food raw materials, food additives to produce food, food additives, or operate the above food and food additives;
(3) Foods that use food additives in the production and operation of over -range and over -limits;
(4) Foods and food additives that produce and operate corruption, fatty acids, moldy insects, dirty and unclean, mixed with foreign bodies, adulterated or mixed or sensitive traits;
(5) Production and operation marked the fake production date, shelf life or food additives that exceed the shelf life;
(6) The production and operation of health food, special medical use formula food, infant formula milk powder, or technical requirements for registered product formulas, production technology and other technical requirements for production and operations are not organized;
(7) Production of infant formula milk powder in a packing method, or the same formula to produce infant formula milk powder of different brands in the same formula;
(8) Use new food raw materials to produce foods, or produce new varieties of food additives, and fail to pass safety assessment;
(9) Food production and operators still refuse to recall or stop operation after the food safety supervision and management department ordered them to recall or stop operation.
Except for the situation stipulated in Article 123 and 125 of this law, if the production and operation does not comply with food, regulations or food safety standards, the production and operation shall be given a punishment in accordance with the provisions of the previous paragraphsEssence
For new varieties of food -related products, those who fail to pass safety assessment or produce food -related products that do not meet food safety standards shall be punished by the food safety supervision and management department of the people’s government at or above the county level in accordance with the provisions of the first paragraph.
5. What is food adulteration, doping and forgery?
(1) “Adulteration” refers to items that add cheap or non -nutritional value to food, or remove nutritional substances or replace them from the food, thereby reducing the quality, such as adding sugar in honey to the honey, Chocolate biscuits are added with pigment, and fat is removed from the whole milk powder.
(2) “Duplicate” is to add some debris to food, such as adding sodium silicate or borax to the bamboo; red brick powder is added to the pepper powder.
(3) “False” means that the packaging logo or product description does not match the content.
6. After the food safety accident, who can consumers take the liability for compensation?
Article 147 of the Food Safety Law violates the provisions of this Law and causes personal, property or other damage, shall bear the liability for compensation in accordance with the law.When the property of the manufacturer is not sufficient to bear the liability for civil compensation at the same time, and pay the fine or fine, the civil compensation liability is first assumed.
“Food Safety Law” Article 148. If foods that do not meet food safety standards are damaged, consumers may request compensation for losses from operators, or they may also require producers to compensate for losses.The manufacturer who receives consumer compensation shall implement the first responsible system, pay first, and shall not be pushed; if it belongs to the producer responsibility, the operator has the right to recover from the producer after compensation; if it belongs to the operator’s responsibility, the producer compensation compensationLater, he has the right to recover from the operator.
The production of foods that do not meet the food safety standards or the operation knows that it is a food that does not meet the food safety standards. In addition to requiring compensation for losses, consumers can also ask producers or operators.The amount of compensation is less than 1,000 yuan, which is 1,000 yuan.However, the labels and manuals of food have flaws that do not affect food safety and do not mislead consumers.
Article 149 of the Food Safety Law violates the provisions of this Law and constitutes a crime shall investigate criminal responsibility in accordance with the law.
7. How to investigate criminal responsibility for food safety crimes?
Article 143 of the Criminal Law of the People’s Republic of China [Crime of production and sales that does not meet safety standards] production and sales that do not meet food safety standards are enough to cause severe food poisoning accidents or other severe food source diseases.In case of imprisonment or detention of less than three years, and fined; those who cause serious harm to human health or have other serious circumstances, shall be sentenced to three years and seven years, and the fines will be punished.In prison or life imprisonment, and fined or confiscated property.