It is illegal to charge for tableware. 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 immediate consumption 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. Therefore, catering enterprises should bear the cost of tableware disinfection, and can not pass the cost of disinfection on to consumers.

The restaurant's tableware fee increases consumers' responsibilities and infringes on consumers' fair trade rights.

legal analysis: charging for tableware in restaurants is an act that infringes on the legitimate rights and interests of consumers. Hotel and restaurant operators themselves have the obligation to provide consumers with hygienic and qualified tableware, so that customers can pay extra money to use safe and secure sanitary tableware, which actually violates the legitimate rights and interests of consumers in disguise.

legal basis: article 7 of the law of the people's Republic of China on the protection of consumers' rights and interests, consumers have the right to protect their personal and property safety when purchasing and using commodities and receiving services. Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.

article 16

when providing commodities or services to consumers, business operators shall perform their obligations in accordance with this law and other relevant laws and regulations. If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. When providing commodities or services to consumers, business operators shall abide by social morality, operate in good faith and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.

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