How to punish food business operators (individuals) for not establishing food ledgers?
There are special provisions in the State Council. Article 5 stipulates the establishment of a grain purchase ledger, but there is no penalty. Article 39 of the Food Safety Law stipulates that the obligation of general food operators is incoming inspection (including self-employed), and only food business enterprises require incoming inspection record system (i.e. incoming ledger). Article 87 of the Food Safety Law provides penalties for failing to fulfill the aforementioned obligations of incoming goods inspection and inspection records. Refer to Article 5 of the State Council's "Special Provisions on Strengthening the Safety Supervision and Management of Food and Other Products". Sellers must establish and implement the incoming inspection and acceptance system, verify the supplier's business qualifications, verify the product certificate and product identification, establish a product purchase ledger, and truthfully record the product name, specification, quantity, supplier and contact information, purchase time, etc. A sales enterprise engaged in product wholesale business shall establish a product sales ledger and truthfully record the variety, specification, quantity, flow direction and other contents of wholesale products. Production enterprises that sell their own products in centralized trading places shall fulfill the obligation of establishing product sales ledger with reference to the provisions of sales enterprises engaged in product wholesale business. The storage period of purchase ledger and sales ledger shall not be less than 2 years. The seller shall, according to the production batch of the product, ask the supplier for the inspection report issued by the inspection institution that meets the statutory requirements or the copy of the inspection report signed or sealed by the supplier; Products that cannot provide inspection reports or copies of inspection reports shall not be sold. In violation of the provisions of the preceding paragraph, the industrial and commercial and drug supervision and administration departments shall order them to stop selling according to their respective duties; If the inspection report or a copy of the inspection report cannot be provided to sell the products, the illegal income and the illegally sold products shall be confiscated and a fine of 3 times the value of the goods shall be imposed; If serious consequences are caused, the license shall be revoked by the original issuing department. "Food Safety Law" Article 39 When purchasing food, a food business operator shall check the supplier's license and food conformity certificate. A food trading enterprise shall establish a food purchase inspection record system, and truthfully record the name, specification, quantity, production batch number, shelf life, supplier name and contact information, purchase date and other contents of the food. Food incoming inspection records shall be authentic and shall be kept for no less than two years. A food business enterprise that implements a unified distribution business model can uniformly check the supplier's license and food qualification documents by the enterprise headquarters, and make a good record of food purchase inspection. Article 87 Anyone who violates the provisions of this Law in any of the following circumstances shall be ordered to make corrections and given a warning by the relevant competent department according to the division of responsibilities; Refuses to correct, a fine of two thousand yuan and twenty thousand yuan; If the circumstances are serious, it shall be ordered to stop production or business until the license is revoked: (1) failing to inspect the purchased food raw materials and the produced food, food additives and food-related products; (2) Failing to establish and abide by the inspection record system and the ex-factory inspection record system; (3) The enterprise standards for food safety have not been put on record in accordance with the provisions of this Law; (four) failing to store and sell food or clean up the food in stock according to the prescribed requirements; (5) Failing to check the license and relevant certificates when purchasing; (six) the labels and instructions of the food and food additives produced involve the functions of disease prevention and treatment; (7) arranging persons suffering from diseases listed in Article 34 of this Law to engage in direct contact with imported food.