Lawyer's statement: It is the obligation of catering enterprises to provide consumers with qualified sterilized tableware, and it is against the law to charge for sterilized tableware.
According to Article 8 of China's Food Hygiene Law, the hygienic conditions in the process of food production and marketing are as follows: "Tableware, drinking utensils and containers for direct food must be washed and disinfected before use, and cookware and utensils must be washed and kept clean after use." Therefore, it is the obligation of catering enterprises to provide consumers with safe and qualified tableware. It is a supporting service project in the catering process for catering enterprises to provide sterilized tableware and paper towels that meet the national hygiene standards, and it is also the legal obligation and incidental obligation of operators. It is not possible to pass on the cost of disinfection to consumers because of the sealed packaging of tableware, which violates the principle of good faith and fairness in civil contracts.
The Rules of Price Conduct for Catering and Repair Industries also stipulates: "Unless otherwise stipulated by the state, operators of catering services shall not charge any extra-price service fees or increase prices in other forms".
so there should be no charge for disinfecting tableware. Therefore, it is illegal for catering enterprises to charge consumers for disinfection of tableware, and there is no legal basis.