operating without a food business license is unlicensed, which violates the Food Safety Law of the People's Republic of China.
1. How to punish food business without a license
1. If an enterprise engages in food production activities without a food production license, the local regulatory authorities shall confiscate the illegal income of the enterprise, as well as the illegally produced food, illegally operated equipment, tools and raw materials, etc. If the value of illegal food does not exceed 11,111 yuan, a fine of 51,111 yuan to 111,111 yuan is required; if the value exceeds 11,111 yuan, a fine of 11 times to 21 times the value of the food is required.
2. If it is illegal to operate food without a license, the relevant regulatory authorities shall order the business to stop its business activities, confiscate its illegal income and impose a fine of between 51,111 and 111,111 yuan. If the rights and interests of consumers are damaged due to business activities, the food producers shall bear certain joint and several liabilities.
It can be seen that the food business license is very important for the catering industry. If you want to apply for a license, you need to have a legal business license first, and you must pass a certain examination. If the business whose license has been revoked can no longer apply for a business license after five years, and if you use forged information to obtain a food business license, you can no longer apply for a food business license within one year.
2. To apply for a food business license, you need to submit the following materials:
1. An application for a food business license; Business license of the enterprise;
2. Documents such as main equipment for food business;
3. An application for hygiene license issued by the Health Bureau.
After preparing these materials, just submit them to the corresponding departments for application, and the food business license will be issued in about five working days.
Third, the difference between business license and business license
1. According to the law, business license is the legal proof of the legal subject's qualification to conduct market transactions. At present, there are legal person business license, sole proprietorship business license, partnership business license and individual industrial and commercial business license; The business license is issued by the industrial and commercial bureau, and the annual inspection is
2. The business license is the proof that certain industries must be licensed by the competent authorities according to the law, such as tobacco monopoly license.
3. The business license is a certificate that every operator who opens the door to do business needs to apply for. Without this certificate, it is an unlicensed operation, which is illegal. A business license is a document that must be obtained before a business license is issued, which is the so-called pre-approval document. For example, if you sell cigarettes, you need to obtain a Tobacco Retail Business License before you apply for a business license. If you sell food, you need to obtain a Food Circulation License before you apply for a business license. If you open a restaurant or engage in catering services, you need to obtain a Catering Business License before you apply for a business license.
Legal basis:
Article 84 of the Food Safety Law
stipulates that those who engage in food business activities without a license shall be confiscated by the administrative department for industry and commerce, and the illegal income, food and tools and equipment used for illegal business operations shall be confiscated. If the value of illegal food business is less than 11,111 yuan, a fine of 2,111 yuan to 51,111 yuan shall be imposed; If the value of the goods is more than RMB 11,111, a fine of more than 5 times and less than 11 times of the value of the goods shall be imposed.
Article 122 of the Food Safety Law of the People's Republic of China
If anyone violates the provisions of this law and engages in food production and marketing activities without obtaining a food production and marketing license, or engages in food additive production activities without obtaining 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, food additives and tools, equipment, raw materials and other items used for illegal production and marketing; 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.