legal analysis

is illegal. On August 2, 2121, when Changning District Market Supervision Bureau inspected a catering enterprise in its jurisdiction, it found 1 bottles of gold foil that had been opened and were in use on the kitchen raw food operation bar. After investigation, the parties concerned bought two bottles of gold foil from a shop on Taobao on May 31, 2121, and from June 2, 2121, they used gold foil as food raw material, added it and used it in the production of the dish "Roasted Beef Sushi", and sold it at RMB 48 yuan each. From June 2, 2121 to the time of the crime, the party * * * produced and sold 122 copies of "Roasted Beef Sushi" with gold foil, with a sales amount of RMB 5,856 and illegal income of RMB 5,856.

Legal basis

Article 34 of the Food Safety Law of the People's Republic of China

(1) Food produced with non-food raw materials or food with chemicals other than food additives and other substances that may be harmful to human health, or food produced with recycled food as raw materials;

(2) Pathogenic microorganisms, pollutants such as pesticide residues, veterinary drug residues, biotoxins and heavy metals, and foods, food additives and food-related products with contents of other substances harmful to human health exceeding the food safety standards; (3) Foods and food additives produced with food raw materials and food additives that have exceeded the shelf life; (4) Foods that use food additives beyond the scope and limit; (five) the main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet the food safety standards; (six) food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties; (seven) poultry, livestock, animals, aquatic animals and their products that died of illness, poisoning or unknown causes; (eight) meat that has not been quarantined or failed to pass the quarantine inspection according to the regulations, or meat products that have not been inspected or failed to pass the inspection; (nine) food and food additives contaminated by packaging materials, containers and means of transport; (ten) food and food additives marked with false production date, shelf life or beyond the shelf life; (eleven) unlabeled prepackaged foods and food additives;

(12) Foods whose production and marketing are explicitly prohibited by the state for special needs such as disease prevention; (thirteen) other foods, food additives and food-related products that do not meet the laws, regulations or food safety standards.

article 123, paragraph 1 (1), Changning district market supervision bureau shall impose administrative punishment on the parties concerned according to law.