The food beyond the scope of the license will be ordered by the food and drug supervision and administration department that originally issued the license to make corrections and give a warning; Refuses to correct, a fine of 2111 yuan and 11111 yuan.

on the issue of how to apply laws, regulations and rules, law enforcement officers put forward two different opinions.

the first opinion is that it should be investigated and dealt with according to unlicensed operation.

the reason is: according to the first paragraph of Article 37 of the Measures for the Supervision and Administration of Food Safety in Catering Services (Order No.71 of the Ministry of Health): "……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ..... ",because the" Measures "belong to the regulations issued by the former Ministry of Health, and have not been published and abolished so far, they should have legal effect and be applicable. The catering service unit should" investigate and deal with cold dishes without obtaining the Catering Service License ",which violates the first paragraph of Article 35 of the newly revised Food Safety Law:" The state implements a licensing system for food production and operation. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, the sale of edible agricultural products does not require a license. " The provisions of the.

This case should be based on the first paragraph of Article 122 of the Food Safety Law: "Anyone who 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 and drug 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 the value of the goods shall be imposed. " The provisions of the punishment.

The second opinion is that it should be investigated and dealt with in accordance with the Measures for the Administration of Food Business License.

The reason is that according to the first paragraph of Article 27 of the Measures for the Administration of Food Business License (Order No.17 of the General Administration, which will come into effect on October 1, 2115), "If the licensing items specified in the food business license change, the food business operator shall apply to the original food and drug supervision and administration department for changing the business license within 11 working days after the change." The catering service unit increased the operation of "cold dishes" without applying for "remarks" to change the business scope of the license, and did not apply for change to the original license issuing unit in advance, which obviously violated the provisions of this clause.

this case should be based on the first paragraph of article 49 of the measures for the administration of food business license: "in violation of the provisions of the first paragraph of article 27 of these measures, if the licensing items specified in the food business license change and the food business operator fails to apply for changing the business license as required, the food and drug supervision and administration department that originally issued the license shall order it to make corrections and give it a warning; Those who refuse to make corrections shall be fined between 2,111 yuan and 1,111 yuan. " The provisions of the punishment.

Although the Measures for the Supervision and Administration of Food Safety in Catering Services stipulates that the behavior of "changing remarks without authorization" shall be investigated and dealt with according to the Food Safety Law before the revision, the Measures for the Administration of Food Business License was formulated according to the newly revised Food Safety Law, which came into effect on October 1, 2115, according to China's legislation. The rules formulated later are superior to those formulated earlier, and should be applied first. At the same time, according to the principle of "legal punishment" in the Administrative Punishment Law, the newly promulgated Measures for the Administration of Food Business License does not make clear and specific provisions on "those who change the remarks without obtaining the Food Business License", so they should be investigated according to the second opinion.