Whether it is the Food Safety Law or the Measures for Investigating and Handling Illegal Acts of Internet Food Safety, it is clearly stipulated that selling cold dishes requires not only a food business license, but also the contents of selling cold dishes in business projects. According to the provisions of the Food Safety Law, if there are such unlicensed and out-of-range operations, and the illegal income is less than 6.5438+0 million yuan, in fact, a fine of more than 50,000 yuan and less than 6.5438+0 million yuan will be imposed; If the value of the goods reaches more than 6,543.8+0,000 yuan, a fine of more than 654.38+0 times and less than 20 times of the value of the goods will be imposed. In fact, the regulatory authorities have taken into account its particularity, which in itself is a compromise punishment, not the most severe punishment. "

1, the reason for strictly controlling cold dishes

From the production point of view, compared with hot dishes, cold food products are more likely to produce bacterial pollution and cause food-borne diseases, so the safety standards are stricter. There is no heating link in the production of cold food products, and the kitchen environment, including cross-contamination, is strict. According to the national standards "Food Safety Operation Standard for Catering Services" and "General Hygienic Standard for Catering Services" just implemented this year, it is required that the production and sale of cold food should be operated by special personnel in special rooms, equipped with some special tools and equipment, and even the room temperature in special rooms should not be higher than 25℃. For small restaurants, the production and sales requirements such as private rooms are more difficult, and the market supervision department can easily fall into a "dilemma" between regulations and reality.

2. Treatment plan

Catering enterprises must first assume their own main responsibilities, and strengthening legal awareness is not only responsible for consumers, but also for themselves. From a national perspective, food safety has always been very strict, and catering operators should fully understand these policies. Market supervision and management departments should strengthen inspection and publicity; The examination and approval department prompts when handling the documents for catering enterprises, which can better prevent the possibility of illegal production and sales. The regulatory authorities should intensify daily inspections and urge food operators to carry out corresponding business activities in accordance with relevant regulations; Strengthen the publicity of relevant laws, make food operators more familiar with relevant laws and regulations, and let small commercial enterprises know that once they enter the food business, they should also bear corresponding responsibilities, especially those stipulated in relevant laws and regulations, and better abide by them in reality.

Legal basis:

Measures for the investigation and punishment of online food safety violations

Article 16 Online food producers and operators shall obtain licenses according to law, sell food within the permitted categories, and engage in food business within the permitted business items. Except that it is not necessary to obtain a food production and business license as stipulated by laws and regulations.

A food producer who has obtained a food production license does not need to obtain a food business license to sell the food he produces through the Internet. A food operator who has obtained a food business license does not need to obtain a food production license to sell the food he has made and processed through the Internet.

Article 38 Whoever, in violation of the provisions of Article 16 of these Measures, fails to obtain a food production and business license according to law, or sells food beyond the permitted categories, or engages in food business beyond the permitted business items, shall be punished in accordance with the provisions of Article 122 of the Food Safety Law.

People's Republic of China (PRC) Food Safety Law

Article 122 Whoever, in violation of the provisions of this Law, engages in food production and marketing activities without a food production and marketing license, or engages in food additive production activities without a food additive production license, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other articles used for illegal production and marketing; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed.

Knowing that it is an illegal act stipulated in the preceding paragraph, but still providing production and business premises or other conditions, the food safety supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives.