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Article 126 penalties for food safety law

Legal analysis: (1) The producers of food and food additives failed to inspect the purchased food raw materials and the produced food and food additives as required;

(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;

(3) The producers and operators of food and food additives fail to check the license and relevant supporting documents when purchasing, or fail to establish and abide by the system of incoming inspection records, ex-factory inspection records and sales records as required;

Legal basis: Article 126 of the Food Safety Law of the People's Republic of China violates the provisions of this law, and in any of the following circumstances, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to stop production or business until the license is revoked:

(1) The producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;

(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;

(3) The producers and operators of food and food additives fail to check the license and relevant supporting documents when purchasing, or fail to establish and abide by the system of incoming inspection records, ex-factory inspection records and sales records as required;

(4) The food production and marketing enterprise has not formulated a plan for handling food safety accidents;

(5) Tableware, drinking utensils and containers for directly-eaten food have not been cleaned or disinfected before use, or the catering service facilities and equipment have not been regularly maintained, cleaned and calibrated as required;

(6) Food producers and business operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the health administrative department of the State Council to engage in the work of contacting directly imported food;

(7) food business operators fail to sell food according to the specified requirements;

(8) the health food production enterprise fails to file with the food safety supervision and administration department according to the regulations, or fails to organize production according to the technical requirements such as product formula and production technology;

(9) The infant formula food production enterprise fails to file food raw materials, food additives, product formulas and labels with the food safety supervision and management department;

(11) The special food production enterprise fails to establish the production quality management system and operate it effectively as required, or fails to submit the self-inspection report regularly;

(11) food producers and operators fail to regularly check and evaluate the food safety situation, or the production and operation conditions change, and fail to deal with them according to the regulations;

(12) centralized dining units such as schools, nurseries, old-age care institutions, and construction sites fail to fulfill their food safety management responsibilities as required;

(13) food production enterprises and catering service providers fail to formulate and implement control requirements for production and operation processes according to regulations.

if the tableware and drinking utensils centralized disinfection service unit uses detergents and disinfectants in violation of the provisions of this law, or the tableware and drinking utensils that leave the factory fail to pass the inspection according to the provisions, and the disinfection certificate is attached, or the relevant contents are not marked on the independent packaging according to the provisions, the health administrative department of the people's government at or above the county level shall impose penalties in accordance with the provisions of the preceding paragraph.

if the producer of food-related products fails to inspect the food-related products produced according to the regulations, the food safety supervision and administration department of the people's government at or above the county level shall impose penalties in accordance with the provisions of the first paragraph.

if a seller of edible agricultural products violates the provisions of article 65 of this law, the food safety supervision and administration department of the people's government at or above the county level shall punish him in accordance with the provisions of the first paragraph.