Legal analysis: Yes. Individuals who do not have a food business license are fined. According to the provisions of China's Food Safety Law, if they engage in food production and business activities without a food production and business license, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, food additives, tools, equipment, raw materials and other items used for illegal production and business, and concurrently impose a fine of not less than 51,111 yuan but not more than 111,111 yuan.
Legal basis: Measures for the Administration of Food Hygiene License
Article 11 Any unit or individual engaged in food production and marketing activities who applies for a hygiene license shall meet the requirements of the corresponding food hygiene laws, regulations, rules, standards and norms, and have conditions suitable for their food production and marketing activities.
Article 12 To apply for food production and processing, the following conditions must be met:
(1) Full-time and part-time food hygiene managers with health management system, organization and professional training;
(2) Having factories, facilities, equipment and environment that are suitable for food production and processing and meet the hygiene requirements;
(3) having the conditions and measures to control pollution in the technological process and production and processing;
(4) raw and auxiliary materials, tools, containers and packaging materials for production that meet the hygiene requirements;
(5) Having institutions, personnel and necessary instruments and equipment capable of testing food;
(6) The employees have passed the pre-job training and health examination;
(7) Other conditions stipulated by the provincial health administrative department.
Article 13 To apply for engaging in food business, the following conditions must be met:
(1) Full-time and part-time food hygiene managers with health management system, organization and professional training;
(2) Having business premises, facilities, equipment and environment that are suitable for food business and meet hygiene requirements;
(3) Having the conditions and measures to control pollution in the process of food storage, transportation and sales;
(4) The employees have passed the pre-job training and health examination;
(5) Other conditions stipulated by the provincial health administrative department.
Article 14 To apply for catering and canteen management, the following conditions must be met:
(1) Full-time and part-time food hygiene managers with health management system, organization and professional training;
(2) Having processing and business premises, cleaning and disinfection facilities and equipment that meet the sanitary conditions and requirements;
(3) Having the conditions and measures to control pollution in the process of food procurement, storage and processing;
(4) The employees have passed the pre-job training and health examination;
(5) Other conditions stipulated by the provincial health administrative department.
Article 15 The materials submitted for applying for a health permit shall be true and complete, and the specific requirements shall be uniformly stipulated by the provincial health administrative department.