q: article 29 of the food safety law stipulates: "the state practices a licensing system for food production and operation. Engaged in food production, food circulation and catering services, food production licenses, food circulation licenses and catering service licenses shall be obtained according to law. " Business operators who violate the provisions of this article without obtaining a license, and the corresponding penalty clause is Article 84: "Those who engage in food production and marketing activities or produce food additives without permission in violation of the provisions of this law, the relevant competent departments shall, according to their respective responsibilities, confiscate the illegal income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other items used for illegal production and marketing; If the value of food and food additives illegally produced and operated 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 11,111 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed. " The "unauthorized" referred to in Article 84 obviously refers to the license, not including the business license. The industrial and commercial departments shall not, in accordance with the provisions of this article, impose penalties on operators who have not obtained catering service licenses. However, the Food Safety Law does not stipulate that a business license should be obtained, so we can't apply the Measures for Investigating and Banning Unlicensed Business, because Article 2 of the Measures stipulates that "no unit or individual may engage in unlicensed business in violation of laws and regulations", so we can't find out which laws and regulations unlicensed catering operators should apply for a business license. On this basis, some of our law enforcement officers believe that the Food Safety Law does not stipulate the punishment for operating restaurants without a license. According to the principle of "division of responsibilities of relevant competent departments", restaurants should obtain catering service licenses, and operating restaurants without a license should be punished by the Food and Drug Administration. Therefore, industry and commerce have no jurisdiction. The same problem is that the industrial and commercial departments can't punish operators who engage in food production without a license. A: This understanding is one-sided. Although the Food and Drug Administration can punish the operators who have not obtained the Catering Service License in accordance with Article 84 of the Food Safety Law, the industrial and commercial authorities can also exercise jurisdiction over the operators engaged in unlicensed catering business within their jurisdiction, and can also impose administrative penalties on the catering operators who have not obtained the business license. The decision of administrative punishment for unlicensed catering operators can be roughly expressed as follows: After verification, the fact that the parties engage in catering business activities without a license is omitted. The above-mentioned behavior of the parties engaged in catering business activities should be in accordance with Article 21, paragraph 2, of the Regulations for the Implementation of the Food Safety Law. "Other food producers and operators should go through industrial and commercial registration after obtaining the corresponding food production license, food circulation license and catering service license according to law." Only after handling the catering license and industrial and commercial registration can they engage in business activities, which violates Article 2 of the Measures for Investigating and Banning Unlicensed Business. "No unit or individual may engage in unlicensed business in violation of laws and regulations." The provisions of the "measures for the investigation and suppression of unlicensed operation", the first paragraph of Article 4 (a) of the provisions of the unlicensed operation. According to Article 14 of the Measures for Investigating and Banning Unlicensed Business, the illegal income of xxxx was confiscated and a fine of xxxx yuan was imposed. Operators engaged in food production without a license are also dealt with according to the above principles.