Legal basis: Article 126 of the Food Safety Law of People's Republic of China (PRC) violates the provisions of this law, and under any of the following circumstances, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked:
(1) The producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;
(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;
(3) The producers and operators of food and food additives fail to check the licenses and relevant supporting documents when purchasing, or fail to establish and abide by the systems of incoming inspection records, ex-factory inspection records and sales records in accordance with the regulations;
(four) the food production and operation enterprises have not formulated the food safety accident disposal plan;
(5) Tableware, drinking utensils and containers for directly-eaten food are not cleaned and disinfected before use, or catering service facilities and equipment are not regularly maintained, cleaned and calibrated according to regulations;
(6) Food producers and business operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the health administrative department of the State Council to engage in the work of contacting directly imported food;
(seven) the food business operator fails to sell food as required;
(eight) the health food production enterprise fails to file with the food safety supervision and management department in accordance with the provisions, or fails to organize production in accordance with the technical requirements such as product formula and production technology for the record;
(nine) the infant formula food production enterprise fails to file the food raw materials, food additives, product formulas and labels with the food safety supervision and management department;
(ten) the special food production enterprise fails to establish the production quality management system and operate effectively according to the regulations, or fails to submit the self-inspection report regularly;
(eleven) the food producers and operators did not regularly check and evaluate the food safety situation, or the production and operation conditions changed, and did not deal with it according to the regulations;
(twelve) schools, kindergartens, pension institutions, construction sites and other centralized dining units failed to fulfill the responsibility of food safety management;
(thirteen) food production enterprises and catering service providers fail to formulate and implement the control requirements of production and operation process according to the regulations.
If the centralized disinfection service unit of tableware uses detergents and disinfectants in violation of the provisions of this Law, or if the tableware delivered from the factory fails to pass the inspection in accordance with the provisions and is accompanied by the disinfection certificate, or fails to mark the relevant contents on the independent packaging in accordance with the provisions, the health administrative department of the people's government at or above the county level shall punish it in accordance with the provisions of the preceding paragraph.
Where the producer of food-related products fails to inspect the food-related products produced in accordance with the regulations, the food safety supervision and administration department of the people's government at or above the county level shall be punished in accordance with the provisions of the first paragraph.
Whoever sells edible agricultural products in violation of the provisions of Article 65 of this Law shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.