Legal analysis: illegal. Can be to the people's government at or above the county level food and drug supervision and management, quality supervision and other departments to complain and report.
Legal basis: "People's Republic of China *** and the State Food Safety Law"
Article 35 The state of food production and operation of the implementation of the licensing system. Engaged in food production, food sales, catering services, shall obtain a license in accordance with the law. However, the sale of edible agricultural products, do not need to obtain a license.
The food and drug supervision and management departments of the local people's governments at or above the county level shall, in accordance with the provisions of the "Chinese People's Republic of China *** and the State Administrative Licensing Law", the review of the applicant's submission of the first paragraph of Article 33, paragraph 1 of this law, the first to the fourth item of the requirements of the relevant information, the applicant's production and operation of on-site verification, if necessary; meet the prescribed conditions, the permit is granted; does not meet the prescribed conditions
Article 36 of the food production and processing workshops and food vendors engaged in food production and management activities, shall comply with the provisions of this Law and its scale of production and operation, conditions appropriate to the food safety requirements to ensure that the production and management of food hygiene, non-toxic, harmless, food and drug supervision and management departments shall strengthen supervision and management of them.
Local people's governments at or above the county level shall carry out comprehensive management of food production and processing workshops, food vendors and other comprehensive management, strengthen services and unified planning, improve their production and business environment, encourage and support the improvement of their production and business conditions, into the centralized trading markets, stores and other fixed places of operation, or in the designated temporary business area, time operation.
Food production and processing of small workshops and food vendors and other specific management by the provinces, autonomous regions and municipalities directly under the Central Government.