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Is it legal to charge for tableware?

It's illegal to collect tableware fees.

There are clear regulations in our country that tableware for catering shall not be charged. According to Item 5 of Article 27 of the Food Safety Law, tableware, drinking utensils and containers containing food for direct entrance should be washed and disinfected before use, and cookware and utensils should be washed and kept clean after use. Accordingly, the catering industry should also provide sterilized and clean tableware and drinking utensils.

Therefore, it is the legal obligation of food operators to provide consumers with a safe and hygienic dining environment and tableware. As an operator, hotels have the right to provide safe and clean tableware to consumers. Providing tableware is their unshirkable legal obligation and responsibility, so hotels have no right to charge tableware fees for disposable tableware.

Legal basis:

Article 4 of the Food Safety Law states that food producers and operators are responsible for the safety of the food they produce and operate. Food producers and business operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to the society and the public, accept social supervision and assume social responsibilities.

Article 33: Tableware, drinking utensils and containers for direct-eating food should be washed and disinfected before use, and cookware and utensils should be washed and kept clean after use. Therefore, catering enterprises should bear the cost of tableware disinfection, and can not pass the cost of disinfection on to consumers. The restaurant's charging for tableware increases the responsibility of consumers and infringes on consumers' fair trade rights.