Case

When the law enforcement officers of the food and drug supervision department of a city inspected a fast food restaurant (individual industrial and commercial households) within their jurisdiction, they found that the restaurant had complete licenses and was mainly engaged in online ordering service, but the inside and outside boxes of disposable lunch boxes (free of charge) were not marked. After further investigation, it was found that the shopkeeper could provide the supplier's business license, production license, quality inspection report and other supporting documents.

Disagreement

Law enforcement officials have three different views on how to deal with the above-mentioned behavior of this fast food restaurant.

the first view is that according to article 2 of the food safety law, the following activities within the territory of the people's Republic of China shall be observed? (3) Production and operation of packaging materials, containers, detergents and disinfectants used for food and tools and equipment used for food production and operation (hereinafter referred to as food-related products)? " The disposable lunch box used in this fast food restaurant belongs to food-related products, and the lunch box does not have any labels, which does not conform to the provisions in GB18116.1-2119 General Technical Requirements for Plastic Disposable Tableware and violates Article 34 of the Food Safety Law. (13) Other foods, food additives and food-related products that do not meet the laws, regulations or food safety standards shall be punished according to the provisions of the first paragraph of Article 125 of the Food Safety Law.

The second view is that the disposable lunch box without any logo does not conform to the first paragraph of Article 27 of the Product Quality Law. "The logo on the product or its packaging must be true and meet the following requirements: (1) There is a product quality inspection certificate; (2) The product name, manufacturer's name and address marked in Chinese; (three) according to the characteristics and requirements of the product, it is necessary to indicate the product specifications, grades, the names and contents of the main components contained, and to indicate them accordingly in Chinese; If it is necessary to let consumers know in advance, it shall be marked on the outer packaging, or relevant information shall be provided to consumers in advance; (4) For products with limited use, the production date, safe use period or expiration date shall be clearly marked in a prominent position; (5) For products that are easily damaged by improper use or may endanger personal and property safety, there shall be warning signs or warning instructions in Chinese, and it shall be ordered to make corrections according to Article 54 of the Product Quality Law. If the product logo with packaging does not conform to the provisions of Items (4) and (5) of Article 27 of this Law, if the circumstances are serious, it shall be ordered to stop production and sales, and a fine of less than 31% of the value of the illegally produced and sold products shall be imposed; If there is illegal income, the illegal income shall be confiscated, and the fast food restaurant shall be ordered to make corrections. However, because the disposable lunch box does not belong to the circumstances specified in Item (4) and Item (5) of Article 27 of the Product Quality Law, the fast food restaurant cannot be fined and punished.

the third view is that the use of disposable lunch boxes without any logo in fast food restaurants can neither be punished according to Article 125 of the Food Safety Law nor handled according to Article 54 of the Product Quality Law, but the clues of the case should be written to the relevant law enforcement departments where the supplier is located, and the competent departments where the supplier is located will handle it according to law.

comment

I agree with the third view.

whether the use of disposable lunch boxes that do not meet the GB18116.1-2119 General Technical Requirements for Plastic Disposable Tableware in fast food restaurants can be defined as the use of food-related products that do not meet the food safety standards, we must first find out whether the GB18116.1-2119 General Technical Requirements for Plastic Disposable Tableware is a "food safety standard".

In the Letter on Informing the Conclusion of Cleaning and Integration of National Food Safety Standards Catalogue and Food-related Standards issued in July 2117, 1224 items of national food safety standards were issued, which did not include the General Technical Requirements for Plastic Disposable Tableware (GB18116.1-2119), and the General Technical Requirements for Plastic Disposable Tableware (GB18116.1-2119) was clearly included in the annex. It can be seen that GB18116.1-2119 General Technical Requirements for Plastic Disposable Tableware is not a food safety standard, so this case cannot be punished according to Article 125 of the Food Safety Law.

article 54 of the product quality law regulates the production and sales behavior, while the use of disposable lunch boxes in fast food restaurants belongs to "use", not production and sales. According to Article 62 of the Product Quality Law, "service operators shall be ordered to stop using products prohibited from being sold in Articles 49 to 52 of this Law for business services; If you know or should know that the products you use belong to products that are prohibited from being sold according to the provisions of this Law, you shall be punished according to the value of illegally used products (including used and unused products) in accordance with the provisions of this Law. Only when service operators use products that are prohibited from being sold according to the provisions of Articles 49 to 52 of this Law can law enforcement organs punish operators according to the provisions of punishment for sellers. Does not include the use of products whose product labels are not in conformity with the provisions referred to in Article 54 of the Product Quality Law, so this case cannot be handled by fast food restaurants in accordance with Article 54 of the Product Quality Law.

although fast food restaurants can't be punished, in order to make the illegal behavior of the supplier in producing and operating disposable lunch boxes without any logo be dealt with in time and prevent the disposable lunch boxes without any logo from continuing to flow into the market, the regulatory authorities should promptly inform the relevant regulatory authorities where the supplier is located, and the case clues will be investigated and dealt with by the supplier.

(Author: Market Supervision Bureau of Chengde City, Hebei Province)

(Editor: Guo Sinan)

Author: Liang Shicheng

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Source: China Health Media Group-China Medical News.