Article 28 Paragraph 1 (8) stipulates that it is forbidden to produce and sell food that has exceeded its shelf life. As food operators, catering enterprises should engage in business activities according to law. In real life, food has exceeded the specified shelf life, and food may not go bad. Consumers may not have food-borne diseases after eating the food, but as catering operators, they should bear social responsibility for the food they operate and be responsible for the health of consumers, and may not operate food beyond the shelf life. Because it exceeds the shelf life, it means that the quality of food may change and the safety is difficult to guarantee. Therefore, such foods should be immediately processed under the counter and not processed and sold to consumers. Otherwise, even if there is no harm to consumers, they should bear corresponding legal responsibilities according to law.
According to Article 85 of People's Republic of China (PRC) Food Safety Law, the punishment scope of this case is more than 2,000 yuan and less than 50,000 yuan. The amount of the goods involved is not large, there is no subjective intention, and it has not brought any damage to consumers, which has a lighter punishment. The administrative penalty imposed by the US Food and Drug Administration is appropriate.
It is particularly important to emphasize that some catering operators believe that it is not illegal to put foods that have deteriorated or exceeded the shelf life in the operation room or warehouse, and only after processing can they be punished by selling them to catering consumers. This view is wrong. Because the catering industry has the characteristics of instant processing and sales, non-factory, scale, batch, many links and many influencing factors, it is an industry with high incidence of food poisoning and food-borne diseases. Therefore, the state has very strict supervision over food safety in the catering sector, and whether food is stored in the operation room or warehouse, it must abide by the provisions of the Food Safety Law of People's Republic of China (PRC).
If the food exceeding the shelf life is found in the operation room, it will be treated as food to be used in violation of the provisions of Article 28 of the Food Safety Law of People's Republic of China (PRC), and will be punished according to the provisions of Article 85 of the Food Safety Law of People's Republic of China (PRC); It is found that there are foods beyond the shelf life in the warehouse, which is a violation of Article 40 of the Food Safety Law of People's Republic of China (PRC). It should be ordered to make corrections and given a warning according to Article 87 of the Food Safety Law of People's Republic of China (PRC); Refuses to correct, a fine of two thousand yuan and twenty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.