Legal analysis: In daily law enforcement, illegal food often involves finished products, semi-finished products, raw materials, additives, seasonings and other forms, and it is difficult for law enforcement officers to identify the actual commercial value and illegal income, which is of great significance in the case of administrative punishment for catering safety. If the "value of goods" and "illegal income" are not clear, it will often lead to problems such as unclear identification of illegal facts and uncertain punishment amount. In this case, the execution of punishment is likely to lead to administrative litigation or even the result of losing the case. The identification of "value of goods" and "illegal income" should be analyzed in detail. When handling illegal cases with the Food Safety Law, the "value of goods" should generally be recognized as "illegal income+unsold finished product price+semi-finished product price+raw material price", and the "illegal income" should be the business income (including costs and profits) obtained from the specific operation of illegal food (such as a cold dish mentioned in the above example).

Counterfeit products are not legal terms. Counterfeit products legally include "three noes" products, unqualified products and trademark infringement products.

Production and sale of products that do not meet the national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sale, and the illegally produced and sold products (including sold and unsold products, the same below) shall be confiscated, and a fine of less than three times the value of the goods shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Doping, adulteration, passing the fake as the real, shoddy, or passing the unqualified products as qualified products, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Legal basis: Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.

Article 7 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.

Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.

Article 8 Consumers have the right to know the real situation of the commodities they buy or use or the services they receive.

Consumers have the right to require business operators to provide prices, places of origin, producers, uses, performance, specifications, grades, main ingredients, production dates, expiration dates, inspection certificates, instructions for use, after-sales services or the contents, specifications and expenses of services, etc. according to different conditions of goods or services.