food safety is related to the health and safety of the broad masses of people. Therefore, food safety should be regulated by law and acts violating the food safety law should be punished. Then, what are the punishment standards for violating the food safety law? I have compiled relevant legal knowledge for you. Let's take a look at it together. I believe it will help you.
1. The latest punishment standard for violating the food safety law: Article 122 of the Food Safety Law stipulates that those who violate the provisions of this Law and engage in food production and marketing activities without obtaining a food production and marketing license or engage in food additive production activities without obtaining a food additive production license shall be confiscated by the food safety supervision and administration department of the people's government at or above the county level. If the value of food and food additives illegally produced and operated is less than 11,111 yuan, a fine of not less than 51,111 yuan but not more 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. Those who knowingly engage in the illegal acts specified in the preceding paragraph and still provide production and business premises or other conditions shall be ordered by the food safety supervision and administration department of the people's government at or above the county level to stop the illegal acts, confiscate the illegal income and impose a fine of not less than 51,111 yuan but not more than 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.
II. Food Safety Law of the People's Republic of China (adopted at the 7th Session of the 11th the NPC Standing Committee on February 28th, 2119 and revised at the 14th Session of the 12th the NPC Standing Committee on April 24th, 2115) Chapter I General Provisions Article 1 This Law is formulated for the purpose of ensuring food safety and ensuring public health and life safety. Article 2 Whoever engages in the following activities within the People's Republic of China shall abide by this Law: (1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food business); (2) Production and operation of food additives; (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); (four) the use of food additives and food-related products by food producers and operators; (5) Storage and transportation of food; (6) Safety management of food, food additives and food-related products. The quality and safety management of edible agricultural primary products (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the marketing of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this law on agricultural inputs shall abide by the provisions of this law. Article 3 Food safety work shall be based on prevention, risk management, whole-process control and social governance, and a scientific and strict supervision and management system shall be established. Article 4 Food producers and business operators shall be responsible for the safety of the food they produce and operate. Food producers and business operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to the society and the public, accept social supervision and assume social responsibilities. Article 5 A food safety committee shall be established in the State Council, and its responsibilities shall be stipulated by the State Council. The food and drug supervision and administration department of the State Council shall, in accordance with the responsibilities stipulated in this Law and the State Council, supervise and manage the food production and marketing activities. The administrative department of public health of the State Council shall, in accordance with the responsibilities stipulated in this Law and the State Council, organize food safety risk monitoring and risk assessment, and work with the food and drug supervision and administration department of the State Council to formulate and publish national food safety standards. Other relevant departments in the State Council shall undertake food safety work in accordance with the responsibilities stipulated in this Law and the State Council. Article 6 The local people's governments at or above the county level shall be responsible for the food safety supervision and management within their respective administrative areas, uniformly lead, organize and coordinate the food safety supervision and management within their respective administrative areas and the response to food safety emergencies, and establish and improve the whole-process food safety supervision and management mechanism and information sharing mechanism. The local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the responsibilities of the food and drug supervision and administration, health administrative departments and other relevant departments at the corresponding level. The relevant departments shall be responsible for the supervision and administration of food safety within their respective responsibilities. The food and drug supervision and administration department of the people's government at the county level may set up agencies in towns or specific areas. Seventh local people's governments at or above the county level shall implement the responsibility system for food safety supervision and management. The people's government at a higher level is responsible for the food safety supervision and management of the people's government at a lower level. The local people's governments at or above the county level shall be responsible for evaluating and assessing the food safety supervision and management work of the food and drug supervision and management departments at the corresponding level and other relevant departments. Article 8 The people's governments at or above the county level shall incorporate food safety work into the national economic and social development plan at the corresponding level, include food safety work funds in the fiscal budget of the government at the corresponding level, strengthen the capacity building of food safety supervision and management, and provide guarantee for food safety work. The food and drug supervision and administration department of the people's government at or above the county level and other relevant departments shall strengthen communication and close cooperation, exercise their functions and powers and assume responsibilities according to their respective responsibilities. Article 9 Food industry associations shall strengthen industry self-discipline, establish and improve industry norms and reward and punishment mechanisms in accordance with their articles of association, provide food safety information, technology and other services, guide and urge food producers and operators to produce and operate according to law, promote the construction of industry integrity, and publicize and popularize food safety knowledge. Consumer associations and other consumer organizations shall exercise social supervision over acts that violate the provisions of this Law and harm the legitimate rights and interests of consumers according to law. Article 11 People's governments at all levels should strengthen publicity and education on food safety, popularize food safety knowledge, encourage social organizations, grassroots mass autonomous organizations and food producers and operators to popularize food safety laws, regulations, food safety standards and knowledge, advocate healthy eating styles, and enhance consumers' food safety awareness and self-protection ability. The news media should carry out public welfare publicity on food safety laws and regulations, food safety standards and knowledge, and supervise food safety violations by public opinion. Publicity and reporting on food safety should be true and fair. Article 11 The State encourages and supports the development of basic research and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technologies and advanced management norms to improve food safety. The state implements a strict management system for the use of pesticides, speeds up the elimination of highly toxic, highly toxic and high-residue pesticides, promotes the research and development and application of alternative products, and encourages the use of pesticides with high efficiency, low toxicity and low residue. Twelfth any organization or individual has the right to report food safety violations, to obtain food safety information from relevant departments according to law, and to put forward opinions and suggestions on food safety supervision and management. Thirteenth units and individuals that have made outstanding contributions in food safety work shall be commended and rewarded in accordance with the relevant provisions of the state. Chapter II Food Safety Risk Monitoring and Assessment Article 14 The State establishes a food safety risk monitoring system to monitor food-borne diseases, food pollution and harmful factors in food. The health administrative department of the State Council shall, jointly with the food and drug administration and quality supervision departments of the State Council, formulate and implement the national food safety risk monitoring plan. The State Council Food and Drug Administration and other relevant departments shall immediately verify the information about food safety risks and notify the health administrative department of the State Council. With regard to food safety risk information notified by relevant departments and food-borne diseases reported by medical institutions, the health administrative department of the State Council shall, jointly with relevant departments of the State Council, conduct analysis and study, and adjust the national food safety risk monitoring plan in a timely manner if deemed necessary. The administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the food and drug supervision and management and quality supervision departments at the same level, formulate and adjust the food safety risk monitoring plan of their respective administrative regions according to the national food safety risk monitoring plan and the specific conditions of their respective administrative regions, and report it to the administrative department of health of the State Council for the record and implementation. Article 15 Technical institutions undertaking food safety risk monitoring shall carry out monitoring work according to the food safety risk monitoring plan and monitoring scheme to ensure the authenticity and accuracy of monitoring data, and submit monitoring data and analysis results according to the requirements of the food safety risk monitoring plan and monitoring scheme. Food safety risk monitoring staff have the right to enter the relevant edible agricultural products planting and breeding, food production and business premises to collect samples and collect relevant data. Collection of samples shall be paid at the market price. Article 16 If the monitoring results of food safety risks show that there may be food safety hazards, the health administrative department of the people's government at or above the county level shall timely inform the food and drug supervision and management departments at the same level of relevant information and report it to the health administrative department of the people's government at the same level and the people's government at a higher level. Food and drug supervision and management departments shall organize further investigation. Article 17 The State establishes a food safety risk assessment system, and uses scientific methods to assess the risks of biological, chemical and physical hazards in food, food additives and food-related products based on food safety risk monitoring information, scientific data and relevant information. The administrative department of health of the State Council is responsible for organizing food safety risk assessment, and an expert committee on food safety risk assessment composed of experts in medicine, agriculture, food, nutrition, biology and environment is established to conduct food safety risk assessment. The results of food safety risk assessment were published by the health administrative department of the State Council. The safety assessment of pesticides, fertilizers, veterinary drugs, feeds and feed additives shall be attended by experts from the Expert Committee on Food Safety Risk Assessment. Food safety risk assessment shall not charge the producers and operators, and the fees shall be paid according to the market price when collecting samples. Article 18 In any of the following circumstances, food safety risk assessment shall be conducted: (1) food, food additives and food-related products may be found to have potential safety hazards through food safety risk monitoring or receiving reports; (2) Risk assessment is needed to provide scientific basis for the formulation or revision of national food safety standards; (three) in order to determine the key areas and key varieties of supervision and management, it is necessary to carry out risk assessment; (4) discovering new factors that may endanger food safety; (five) it is necessary to judge whether a certain factor constitutes a food safety hazard; (six) other circumstances that the health administrative department of the State Council considers necessary for risk assessment. Article 19 Where the food and drug supervision and administration, quality supervision and agricultural administration departments in the State Council find it necessary to conduct food safety risk assessment in their supervision and management work, they shall put forward suggestions on food safety risk assessment to the administrative department of health in the State Council, and provide information and materials such as risk sources, relevant inspection data and conclusions. Under the circumstances specified in Article 18 of this Law, the administrative department of public health of the State Council shall make a food safety risk assessment in time and inform the relevant departments of the State Council of the assessment results. Twentieth health administrative departments and agricultural administrative departments of the people's governments at or above the provincial level shall inform each other of the safety risk monitoring information of food and edible agricultural products in a timely manner. The administrative departments of health and agriculture in the State Council shall inform each other of the safety risk assessment results of food and edible agricultural products in a timely manner. Twenty-first food safety risk assessment results are the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management. After food safety risk assessment, it is concluded that food, food additives and food-related products are unsafe. the State Council Food and Drug Administration and quality supervision departments shall immediately announce to the public according to their respective duties, inform consumers to stop eating or using, and take corresponding measures to ensure that the food, food additives and food-related products stop production and operation; If it is necessary to formulate or revise the relevant national food safety standards, the health administrative department of the State Council shall immediately formulate and revise them together with the food and drug supervision and administration department of the State Council. Article 22 The food and drug supervision and administration department of the State Council shall, jointly with the relevant departments of the State Council, make a comprehensive analysis of the food safety situation according to the results of food safety risk assessment and the information of food safety supervision and management. For the food that may have a high degree of safety risk through comprehensive analysis, the food and drug supervision and administration department of the State Council shall promptly put forward the food safety risk warning and announce it to the public. Article 23 The food and drug supervision and administration department of the people's government at or above the county level and other relevant departments, the food safety risk assessment expert committee and its technical institutions shall organize food producers and operators, food inspection agencies, certification bodies, food industry associations, consumer associations and news media to exchange information on food safety risk assessment and food safety supervision and management in accordance with the principles of science, objectivity, timeliness and openness. Chapter III Food Safety Standards Article 24 The formulation of food safety standards shall be scientific, reasonable, safe and reliable with the aim of safeguarding public health. Article 25 Food safety standards are mandatory standards. In addition to food safety standards, no other mandatory food standards may be formulated. Article 26 Food safety standards shall include the following contents: (1) Provisions on the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants harmful to human health in food, food additives and food-related products; (2) Variety, scope of use and dosage of food additives; (three) the nutritional requirements of the main and supplementary foods specially for infants and other specific groups; (4) Requirements for labels, signs and instructions related to food safety requirements such as hygiene and nutrition; (5) Hygienic requirements in the process of food production and operation; (6) Quality requirements related to food safety; (seven) food inspection methods and procedures related to food safety; (eight) other contents that need to be formulated as food safety standards. Twenty-seventh national standards for food safety shall be formulated and promulgated by the health administrative department of the State Council in conjunction with the food and drug supervision and administration department of the State Council, and the standardization administrative department of the State Council shall provide the national standard number. The limits of pesticide residues and veterinary drug residues in food and the inspection methods and procedures shall be formulated by the health administrative department of the State Council and the agricultural administrative department of the State Council jointly with the food and drug supervision and administration department of the State Council. Inspection rules for slaughtering livestock and poultry shall be formulated by the administrative department of agriculture of the State Council in conjunction with the administrative department of health of the State Council. Article 28 The formulation of national standards for food safety shall be based on the results of food safety risk assessment, fully consider the results of edible agricultural products safety risk assessment, refer to relevant international standards and international food safety risk assessment results, and publish the draft national standards for food safety to the society, and listen to the opinions of food producers, operators, consumers and relevant departments. The national food safety standards shall be examined and approved by the National Food Safety Standards Review Committee organized by the health administrative department of the State Council. The review committee of national food safety standards is composed of experts in medicine, agriculture, food, nutrition, biology and environment, and representatives of relevant departments, food industry associations and consumers' associations in the State Council, to review the scientific and practical nature of the draft national food safety standards. Article 29 There is no national standard for food safety for foods with local characteristics.