Legal analysis: The Food Safety Law provides corresponding prohibition and punishment measures for the production and operation of food with pathogenic microorganisms exceeding food safety standards. On the level of food safety standards, there is a limit of pathogenic bacteria in food, which only applies to prepackaged foods. At present, in the stage of soliciting opinions, there is a national food safety standard "Limit of pathogenic bacteria in bulk ready-to-eat food", but this standard is not applicable to catering food. In law enforcement practice, it is urgent to limit the number of pathogenic bacteria in catering food, because from our law enforcement experience, group food-borne diseases are most likely to occur in catering, and the main reason is caused by pathogenic bacteria in catering food. However, due to the lack of the limit standard of pathogenic bacteria in food and beverage, although we have detected pathogenic bacteria in food and beverage or its samples, and epidemiological investigation has also confirmed that foodborne diseases have occurred, due to the lack of corresponding food safety standards, law enforcers are still unable to apply the corresponding prohibition and punishment measures in the Food Safety Law for cases exceeding the limit of pathogenic bacteria, which makes it difficult to properly handle foodborne diseases.

Legal basis: People's Republic of China (PRC) Food Safety Law.

Article 3 Food producers and operators shall engage in production and operation in accordance with laws, regulations and food safety standards, be responsible to the society and the public, ensure food safety, accept social supervision and assume social responsibilities.

Article 4 A food safety committee shall be established in the State Council, and its responsibilities shall be stipulated by the State Council. The administrative department of health of the State Council undertakes the responsibility of comprehensive coordination of food safety, and is responsible for food safety risk assessment, food safety standards formulation, food safety information release, qualification certification conditions and inspection specifications formulation of food inspection institutions, and organizing the investigation and handling of major food safety accidents. The State Council Quality Supervision, Administration for Industry and Commerce and the State Food and Drug Administration of the United States shall, in accordance with the responsibilities stipulated in this Law and the State Council, supervise and manage food production, food circulation and catering service activities respectively.

Article 5 The local people's governments at or above the county level shall be responsible for, lead, organize and coordinate the food safety supervision and management within their respective administrative areas, and establish and improve the working mechanism for the whole process of food safety supervision and management; Unified leadership and command of food safety emergencies; Improve and implement the responsibility system for food safety supervision and management, and evaluate the food safety supervision and management departments. The local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the food safety supervision and management responsibilities of the health administration, agricultural administration, quality supervision, industrial and commercial administration and food and drug supervision and management departments at the corresponding level. The relevant departments shall be responsible for the supervision and management of food safety within the scope of their respective duties. Institutions established by the subordinate departments of the people's governments at higher levels in the administrative regions at lower levels shall, under the unified organization and coordination of the local people's governments, do a good job in food safety supervision and management according to law.

Article 6 Departments of health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug supervision and administration at or above the county level shall strengthen communication and cooperate closely, exercise their functions and powers according to their respective responsibilities, and assume responsibilities.

Article 7 Food industry associations shall strengthen self-discipline in the industry, guide food producers and operators to produce and operate according to law, promote the construction of industry integrity, and publicize and popularize food safety knowledge.