Comparison of penalties between the new and old food safety laws for illegal food production and marketing:
1. The old Food Safety Law, which violates the provisions of this law, engages in food production and marketing activities without permission, or produces food additives without permission
: If the value of illegally produced and marketed food and food additives is less than 11,111 yuan, a fine of more than 2,111 yuan and less than 51,111 yuan shall be imposed; If the value of the goods is more than 11 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.
New Food Safety Law: If the value of food and food additives illegally produced and operated is less than 11,111 yuan, a fine of more than 51,111 yuan and less than 111,111 yuan shall be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than 11 times and less than 21 times of the value of the goods shall be imposed.
At the same time, those who knowingly violate the law and provide places or conditions for them shall be fined between 51,111 yuan and 111,111 yuan; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers and operators of food and food additives.
2. Under the following circumstances
The punishment of the old Food Safety Law is: if the value of food illegally produced and operated is less than 11,111 yuan, a fine of more than 2,111 yuan and less than 51,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked.
The penalties in the new Food Safety Law are as follows: if it does not constitute a crime, if the value of food illegally produced and operated is less than 11,111 yuan, a fine of more than 111,111 yuan and less than 151,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than 15 times and less than 31 times of the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked, and the person in charge directly responsible and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days.
(1) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health, or using recycled food as raw materials to produce food, or dealing in the above-mentioned foods;
(2) Production and operation of main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet food safety standards;
(3) dealing in poultry, livestock, animals and aquatic animals that have died of illness, poisoning or unknown causes, or producing and dealing in their products;
(4) dealing in meat that has not been quarantined according to regulations or is unqualified in quarantine, or producing and operating meat products that have not been inspected or are unqualified in inspection;
(5) Production and operation of foods that are forbidden by the state for special needs such as disease prevention.
At the same time, those who knowingly violate the law and provide places or conditions for them shall be fined from 111,111 yuan to 211,111 yuan; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with food producers and operators.
those who illegally use highly toxic and toxic pesticides, in addition to being punished in accordance with relevant laws and regulations, may be detained by the public security organs for more than five days and less than fifteen days by the directly responsible person in charge and other directly responsible personnel.
3. Under the following circumstances
The punishment of the old Food Safety Law is: if the value of food illegally produced and operated is less than 11,111 yuan, a fine of more than 2,111 yuan and less than 51,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked.
The penalties in the new Food Safety Law are: if the value of food and food additives illegally produced and operated is less than 11,111 yuan, a fine of 51,111 yuan to 111,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than 11 times and less than 21 times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked:
(1) Production and operation of pathogenic microorganisms, pollutants such as pesticide residues, veterinary drug residues, biotoxins, heavy metals and other foods and food additives with substances harmful to human health exceeding the food safety standards;
(2) using food raw materials and food additives beyond the shelf life to produce food and food additives, or dealing in the above-mentioned food and food additives;
(3) Production and operation of foods and food additives with spoilage, rancidity of oil, mildew and insects, filth, impurity, adulteration or abnormal sensory properties;
(4) Using new food raw materials to produce food or producing new varieties of food additives failed the safety assessment;
(5) The food producers and business operators still refuse to recall or stop business after being ordered to do so by the food and drug supervision and administration department.
those who produce new varieties of food-related products and fail to pass the safety assessment, or produce food-related products that do not meet the food safety standards, shall be punished by the quality supervision department of the people's government at or above the county level.
4. The following acts
The penalties in the old Food Safety Law are: if the value of food illegally produced and operated is less than 11,111 yuan, a fine of 2,111 yuan to 51,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than two times and less than five times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
The penalties in the new Food Safety Law are as follows: if the value of food and food additives illegally produced and operated is less than 11,111 yuan, a fine ranging from 5,111 yuan to 51,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
(1) Production and operation of food and food additives contaminated by packaging materials, containers and means of transport;
(2) producing and selling unlabeled prepackaged foods and food additives, or foods and food additives whose labels and instructions do not conform to the provisions of this Law;
(3) Food producers and operators purchase or use food raw materials, food additives and food-related products that do not meet food safety standards.
if there are defects in the labels and instructions of foods and food additives produced and operated, but they do not affect food safety and will not mislead consumers, the food and drug supervision and administration department of the people's government at or above the county level shall order them to make corrections; Refuses to correct, a fine of two thousand yuan.
5.
The punishment of the old Food Safety Law for food producers and business operators to add drugs to food is: if the value of food illegally produced and operated is less than 11,111 yuan, a fine of more than 2,111 yuan and less than 51,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than two times and less than five times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
The penalties in the new Food Safety Law are as follows: if it does not constitute a crime, if the value of food illegally produced and operated is less than 11,111 yuan, a fine of more than 111,111 yuan and less than 151,111 yuan will be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than 15 times and less than 31 times of the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked, and the person in charge directly responsible and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days.
6. The penalties for the following acts
The old Food Safety Law are: the relevant competent departments shall, according to their respective responsibilities, order them to make corrections and give them a warning; Refuses to correct, a fine of two thousand yuan and twenty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
The penalties of the new Food Safety Law are: the food and drug supervision and administration department of the people's government at or above the county level shall order it to make corrections and give it 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;
(3) The producers and operators of food and food additives fail to check the license and relevant supporting documents when purchasing, or fail to establish and abide by the system of incoming inspection records, ex-factory inspection records and sales records as required;
(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;
7. The punishment of the old Food Safety Law that the accident unit conceals, forges or destroys relevant evidence after a food safety accident
is: ordered to stop production and business, and imposed a fine of more than 2,111 yuan but less than 111,111 yuan; If serious consequences are caused, the license shall be revoked by the original issuing department.
The penalties of the new Food Safety Law are: ordering to stop production and business, confiscating illegal income, and imposing a fine of not less than 111,111 yuan but not more than 511,111 yuan; If serious consequences are caused, the license shall be revoked.