Legal analysis
In food life and business, food safety license must be obtained, and only safe food can be trusted. If you manage unqualified food, you must bear legal responsibility. The state practices a licensing system for food production and marketing. Engaged in food production, food sales, catering services, shall obtain a license according to law. Only selling prepackaged foods shall be reported to the food safety supervision and administration department of the local people's government at or above the county level for the record. Specific measures for the administration of food production and processing workshops and food vendors shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. However, the sale of edible agricultural products does not require a license. The main body of confiscation of illegal income is the food safety supervision and management department of the people's government at or above the county level. Confiscation of illegal income and illegal production and operation of food, food additives and tools, equipment, raw materials and other items used for illegal production and operation. Penalty standard: if the value of illegal goods is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed.
legal ground
People's Republic of China (PRC) Food Safety Law
Article 35 The State practices a licensing system for food production and marketing. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, the sale of edible agricultural products does not require a license.
The food safety supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC), examine the relevant materials required by the provisions of Items 1 to 4 of Paragraph 1 of Article 33 of this Law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, grant permission; If it does not meet the prescribed conditions, it shall not be permitted and the reasons shall be explained in writing.
Article 122 Whoever, in violation of the provisions of this Law, engages in food production and marketing activities without a food production and marketing license, or engages in food additive production activities without a food additive production license, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other articles used for illegal production and marketing; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed. Knowing that it is an illegal act stipulated in the preceding paragraph, but still providing production and business premises or other conditions, the food safety supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives.