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How to punish food business without obtaining a food business license?

punishment for dealing in food without obtaining a food business license: a fine of not less than 51,111 yuan but not more than 111,111 yuan.

According to Article 122 of the Food Safety Law of the People's Republic of China:

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 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 them with production and business premises or other conditions shall be ordered by the food and drug 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.

article 123

if anyone violates the provisions of this law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and food illegally produced and marketed, and may also confiscate tools, equipment, raw materials and other articles used for illegal production and marketing.

if the value of food illegally produced and operated is less than 11,111 yuan, a fine of not less than 111,111 yuan but not more than 151,111 yuan shall be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than 15 times and less than 31 times of the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked, and the person in charge directly responsible and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days.

(1) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health, or using recycled food as raw materials to produce food, or dealing in the above-mentioned foods; ?

(2) Production and operation of main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet food safety standards; ?

(3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing and dealing in their products; ?

(4) dealing in meat that has not been quarantined or failed to pass the quarantine according to regulations, or producing and operating meat products that have not been inspected or failed to pass the inspection;

(5) producing and marketing foods that are explicitly prohibited by the state for special needs such as disease prevention;

(6) Production and marketing of food with drugs added. Whoever knowingly engages in the illegal acts specified in the preceding paragraph and still provides production and business premises or other conditions shall be ordered by the food and drug 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 111,111 yuan but not more than 211,111 yuan.

if the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with food producers and operators. Anyone who illegally uses highly toxic or toxic pesticides may be detained by the public security organ in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations.

Extended information:

Application and acceptance:

Article 11:

To apply for a food production license, one must first obtain legal subject qualifications such as a business license.

enterprises as legal persons, partnerships, sole proprietorships, individual industrial and commercial households, etc., take the subject specified in the business license as the applicant.

Article 11:

An application for a food production license shall be made according to the following food categories:

Processed grain products, edible oils, fats and their products, condiments, meat products, dairy products, beverages, instant foods, biscuits, canned foods, frozen drinks, quick-frozen foods, potatoes and puffed foods, candy products, tea and related products.

alcohol, vegetable products, fruit products, roasted seeds and nuts, egg products, cocoa and roasted coffee products, sugar, aquatic products, starch and starch products, cakes, bean products, bee products, health foods, formula foods for special medical purposes, infant formula foods, special dietary foods and other foods.

china food and drug administration can adjust food categories according to the needs of supervision and management.

Article 12:

To apply for a food production license, the following conditions shall be met:

(1) Having a place suitable for the processing of food raw materials and the processing, packaging and storage of food, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources.

(2) having production equipment or facilities suitable for the variety and quantity of food produced, and having corresponding equipment or facilities for disinfection, dressing, washing, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage.

if the production process of health food has pretreatment procedures such as raw material extraction and purification, it is necessary to have raw material pretreatment equipment or facilities suitable for the variety and quantity of production.

(3) having full-time or part-time food safety management personnel and rules and regulations to ensure food safety.

(4) It has a reasonable equipment layout and technological process, so as to prevent cross-contamination between the food to be processed and the directly-imported food, raw materials and finished products, and avoid food from contacting with toxic and unclean substances.

(5) Other conditions stipulated by laws and regulations.

Article 13:

To apply for a food production license, the following materials shall be submitted to the local food and drug supervision and administration department at or above the county level where the applicant is located:

(1) an application for a food production license;

(2) a copy of the business license;

(3) the plan of the food production and processing place and its surrounding environment, the layout plan of each functional area, the layout plan of process equipment and the flow chart of food production process;

(4) List of major equipment and facilities for food production;

(5) rules and regulations to ensure food safety, such as incoming inspection records, production process control, ex-factory inspection records, food safety self-inspection, health management of employees, recall of unsafe food, and handling of food safety accidents.

if the applicant entrusts others to apply for a food production license, the agent shall submit the power of attorney and the identity certificate of the agent.

Baidu Encyclopedia-Food Safety Law of the People's Republic of China (revised in 2115)

Baidu Encyclopedia-Food Production License