Sixty-fifth food safety supervision and management departments in any of the following circumstances, by the people's government at the same level or the relevant competent departments of the people's government at a higher level shall be ordered to make corrections, informed criticism; Causing serious consequences, the principal responsible person, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to perform the statutory duties of supervision and inspection; (two) in violation of the provisions of the implementation of supervision and inspection, supervision and spot checks; (3) Failing to deal with illegal acts in time or shirking, and failing to supervise major food safety hazards; (4) Failing to take control measures immediately after discovering food safety accidents or major food safety accidents or receiving relevant notifications and reports, or failing to report and investigate in time; (five) failing to perform the duties of reporting, informing and releasing food safety information in accordance with the provisions; (six) in the supervision and inspection of food producers, sellers or catering operators to collect supervision fees, ask for or accept property or obtain other benefits; (seven) other dereliction of duty, abuse of power, corruption.
Article 66 If a food producer or catering operator violates the provisions of these Regulations and commits any of the following acts, the food safety supervision and administration department shall confiscate the illegal income, finished products and semi-finished products, as well as tools, equipment, raw materials and other articles used for illegal production. If the value of illegal production and sales is less than 5,000 yuan, it shall also be fined 50,000 yuan. If the value of illegal production and sales is more than 5,000 yuan but less than 10,000 yuan, a fine of 100,000 yuan will be imposed; If the value of illegal production and sales is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If serious consequences are caused, the license shall be revoked according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to organize food production according to the prescribed standards; (2) The raw materials are put into production without inspection, and the food is sold out of the factory without inspection, and a certificate of conformity is issued for the food that has not been inspected or failed the inspection; (3) Adding drugs to food in violation of regulations; (4) purchasing food and its raw materials from suppliers who have not obtained the administrative license for food production and sales according to law; (five) the health status of employees does not meet the requirements.
Sixty-seventh food producers, sellers and catering operators in violation of the provisions of this Ordinance, one of the following acts, the food safety supervision and management department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of less than 30% of the value of illegal production and sales shall be imposed; Illegal income, confiscate the illegal income; If serious consequences are caused, the license shall be revoked according to law: (1) failing to label the food as required; (two) the prepackaged foods sold does not meet the requirements of the food packaging label or instructions, and the bulk food and takeaway food sold are not marked with relevant matters; (3) The food labels commissioned for production do not meet the requirements; (4) The food labels or instructions clearly or implicitly have the function of preventing and treating diseases; (5) Non-health foods express or imply health care functions.
Sixty-eighth food producers, sellers and catering operators in violation of the provisions of this Ordinance, one of the following acts, the food safety supervision and management department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than twenty thousand yuan but not more than fifty thousand yuan shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the license shall be revoked according to law: (1) using tools, equipment and containers that do not meet the safety requirements to package and store food for transportation; (2) Places where food is stored and transported, and vehicles where toxic and harmful substances are stored or remain; (3) Illegal use of preservatives and preservatives in the process of food storage and transportation.
Sixty-ninth food producers, sellers and catering operators in violation of the provisions of this Ordinance, one of the following acts, the food safety supervision and management department shall order it to make corrections within a time limit; If no correction is made within the time limit, the illegally produced and sold food and illegal income shall be confiscated, and a fine of three times the value of illegally produced and sold food shall be imposed; If serious consequences are caused, the license shall be revoked according to law: (1) Failing to establish and keep production files as required; (2) Failing to establish and keep purchase ledgers and sales ledgers in accordance with regulations, and recording food varieties, specifications, flow directions and other related matters; (3) Failing to establish and implement the incoming inspection and acceptance system as required, and failing to verify the supplier's business qualification when purchasing food.
Article 70 If food producers, sellers and catering operators violate the provisions of these Regulations and fail to fulfill their recall obligations, the food safety supervision and administration department shall order the producers to recall the food, and the sellers and catering operators shall stop selling, and impose a fine of three times the value of the goods on the producers, and a fine of more than 5,000 yuan and less than 50,000 yuan on the sellers and catering operators; If serious consequences are caused, the license shall be revoked according to law.
Article 71 Where food producers, sellers and catering operators violate the provisions of these Regulations and fail to report food safety accidents in time or take effective measures to prevent the accidents from expanding, the food safety supervision and administration department shall order them to make corrections and impose a fine of not less than 30,000 yuan but not more than 100,000 yuan; If the circumstances are serious, the license shall be revoked according to law.
Article 72 Whoever conceals, transfers, sells, encroaches on or damages the articles sealed up or detained by the food safety supervision and administration department shall be fined less than three times the value of the articles, and the illegal income, if any, shall also be confiscated.
Seventy-third food market operators or service management institutions in violation of the provisions of this Ordinance, one of the following acts, the food safety supervision and management department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed; If the circumstances are serious, the license shall be revoked according to law: (1) those who do not have the corresponding equipment and facilities; (2) Failing to carry out the test in accordance with the provisions and publish the test results; (3) Failing to establish a market food safety system and examine the business qualifications of sellers entering the market; (4) Failing to perform the responsibility of inspection and supervision and failing to stop and report the illegal acts in time.
Article 74 Where an institution engaged in food inspection and testing violates the provisions of these Regulations by forging inspection and testing results and issuing false reports, the food safety supervision and administration department shall order it to make corrections, confiscate its illegal income, impose a fine of not less than 50,000 yuan but not more than 100,000 yuan on the unit, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on the directly responsible person in charge and other directly responsible personnel; If serious consequences are caused, its inspection and testing qualification shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 75 If food producers and catering operators have their production and business licenses revoked according to law, the person directly in charge shall not engage in food production and business activities for five years.