It is illegal for a party without a catering license to be fined, or even shut down for rectification in serious cases.
punishment standard for unlicensed catering
first of all, it is necessary to clarify what unlicensed catering is. Unlicensed catering refers to the act of engaging in catering service business activities without obtaining relevant licenses. This kind of behavior not only violates the relevant laws and regulations of the country, but also may pose a serious threat to the health and life safety of consumers. Therefore, the punishment for unlicensed catering is very strict.
according to the food safety law of the people's Republic of China and the food safety operation standard of catering service of the people's Republic of China, the punishment standards for unlicensed catering mainly include the following aspects:
1. Fines: relevant departments may impose fines on unlicensed catering. The amount of the fine is generally more than one time and less than five times the illegal income. If the circumstances are serious, a fine of more than five times and less than ten times the illegal income may be imposed. At the same time, according to the specific circumstances, enterprises or individuals who operate catering without a license can be given administrative penalties such as suspension of production for rectification and revocation of licenses.
2. Confiscation of illegal income: For enterprises or individuals engaged in catering without a license, relevant departments can confiscate their illegal income according to law. Illegal income refers to the profits obtained by unlicensed catering enterprises or individuals through illegal means. The purpose of confiscation of illegal income is to make enterprises or individuals engaged in catering without a license bear corresponding legal responsibilities, and at the same time, it can also play a deterrent role.
3. Criminal responsibility: If the unlicensed catering business constitutes a crime, relevant departments can investigate its criminal responsibility according to law. According to the provisions of the Criminal Law of the People's Republic of China, unlicensed catering is suspected of producing and selling food that does not meet food safety standards, producing and selling toxic food, harmful food and other crimes. Once identified as a crime, enterprises or individuals engaged in catering without a license will face criminal penalties, such as criminal detention, fixed-term imprisonment and fines.
4. Credit punishment: For enterprises or individuals engaged in catering business without a license, relevant departments can also put them on the list of dishonesty and implement credit punishment. Credit punishment refers to incorporating the information of untrustworthy actors into the credit information system and restricting their credit status in the fields of finance, taxation, government procurement, bidding and so on. The purpose of credit punishment is to make the untrustworthy actor bear the consequences of dishonesty and urge him to consciously abide by laws and regulations.
5. Rectification measures: For enterprises or individuals engaged in catering business without a license, relevant departments may also require them to immediately stop their illegal activities and carry out rectification. The rectification measures include reissue of relevant licenses, improvement of food safety management system and strengthening of staff training. After the rectification is completed, the relevant departments will check and accept the rectification, and the catering service business activities can be resumed only after passing the inspection.
To sum up, the punishment standard for unlicensed catering is strict, aiming at protecting consumers' rights and interests, maintaining market order and promoting the healthy development of the catering industry. As consumers, we should also be vigilant and try to choose qualified catering enterprises for consumption to avoid food safety problems. At the same time, as a practitioner in the catering industry, we should strictly abide by laws and regulations, conduct business activities in compliance with laws and regulations, and provide consumers with safe, hygienic and delicious catering services.
Legal basis:
Article 84 of the Food Safety Law of the People's Republic of China
A food inspection institution may not engage in food inspection activities until it has obtained its qualification in accordance with the relevant national certification and accreditation regulations. However, unless otherwise provided by law.
the qualification certification conditions and inspection specifications of food inspection institutions shall be stipulated by the food safety supervision and administration department of the State Council. Inspection reports issued by food inspection agencies that meet the requirements of this law have the same effect. People's governments at or above the county level shall integrate food inspection resources and realize the enjoyment of resources.
Article 122
Anyone who, in violation of the provisions of this Law, 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 safety 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 articles 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 production and business premises or other conditions shall be ordered by the food safety 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.