According to Article 8 of China's Food Hygiene Law, the hygienic conditions in the process of food production and marketing are as follows: "Tableware, drinking utensils and containers for direct food must be washed and disinfected before use, and cookware and utensils must be washed and kept clean after use." It can be seen that providing sterilized tableware and paper towels to consumers is a supporting service project in the catering process, and it is also the legal obligation and incidental obligation of the operator. It is not possible to pass on the disinfection expenses to consumers because the tableware is sealed, which violates the principle of good faith and fairness in civil contracts.

In addition, China's "Rules of Price Conduct for Catering and Repair Industries" also stipulates that "unless otherwise stipulated by the state, operators of catering services shall not charge any extra-price service fees or increase prices in other forms". So there should be no charge for disinfecting tableware.

according to the regulations of "business norms of catering enterprises", the charge for disposable sterilized tableware has been listed as the category of repeated charges for catering enterprises under various pretexts. China Consumers Association also made it clear that catering enterprises have the obligation to provide consumers with tableware that is qualified for disinfection, and bear the corresponding disinfection costs, and shall not pass this on to consumers.

Attached to Article 8 of the Food Hygiene Law of the People's Republic of China

The food production and marketing process must meet the following hygiene requirements:

(1) Keep the internal and external environment clean and tidy, take measures to eliminate flies, rats, cockroaches and other harmful insects and their breeding conditions, and keep a prescribed distance from toxic and harmful places;

(2) A food production and marketing enterprise shall have workshops or places for the processing, processing, packaging and storage of food raw materials suitable for the variety and quantity of products;

(3) There should be corresponding facilities for disinfection, dressing, washing, lighting, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rat prevention, washing, sewage discharge and garbage and waste storage;

(4) The equipment layout and technological process should be reasonable, so as to prevent cross-contamination between the food to be processed and the directly imported food, raw materials and finished products, and the food should not come into contact with toxic and unclean substances;

(5) Tableware, drinking utensils and containers for direct food must be washed and disinfected before use, and cookware and utensils must be washed and kept clean after use;

(6) The containers, packages, tools, equipment and conditions for storing, transporting and loading and unloading food must be safe, harmless and kept clean to prevent food pollution

(7) The food for direct intake should be packaged in small packages or made of non-toxic and clean packaging materials;

(8) Food producers and marketers should always maintain personal hygiene. When producing and selling food, they must wash their hands and wear clean work clothes and hats; When selling food for direct import, sales tools must be used;

(9) Water must meet the hygienic standards for drinking water in urban and rural areas stipulated by the state;

(11) The detergents and disinfectants used shall be safe and harmless to human body.

the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the central government shall make specific provisions on the hygiene requirements of food vendors and food traders in urban and rural fairs in the process of food production and operation.

it can be seen from the above laws and industry operating norms that it is a supporting project for food business enterprises to provide sterilized tableware to consumers in the course of operation, and it is illegal to charge for sterilized tableware separately. When diners find such items at checkout, they can ask the restaurant to cancel the relevant charges and safeguard their own rights and interests. If the restaurant does not implement them, they can complain to the Consumer Rights Protection Association.