In violation of the above laws and regulations, the food and drug supervision and administration department of the people's government at or above the county level shall impose the following administrative penalties on the violator:
Confiscation of illegal income and illegal production and operation of food, food additives and tools, equipment, raw materials and other items used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed.
Knowing that it is an illegal act stipulated in the preceding paragraph, the food and drug supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives.
For example, if an illegal act has constituted a crime, the administrative organ must transfer the case to the judicial organ in accordance with the provisions of Article 22 of the Administrative Punishment Law, and pursue criminal responsibility according to law.
Relevant laws and regulations are as follows:
People's Republic of China (PRC) Food Safety Law Article 35 The State implements a licensing system for food production and marketing. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, the sale of edible agricultural products does not require a license.
The food safety supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC), examine the relevant materials required by the provisions of Items 1 to 4 of Paragraph 1 of Article 33 of this Law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, grant permission; If it does not meet the prescribed conditions, it shall not be permitted and the reasons shall be explained in writing.
Article 122 of People's Republic of China (PRC) Food Safety Law (Law)? 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 and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, illegally produced and marketed food, 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 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed.
Knowing that it is an illegal act stipulated in the preceding paragraph, the food and drug supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives.
Law of the People's Republic of China on Administrative Punishment Article 7 If a citizen, legal person or other organization is subjected to administrative punishment for violating the law, and his illegal behavior causes damage to others, he shall bear civil liability according to law.
If an illegal act constitutes a crime, criminal responsibility shall be investigated according to law, and administrative punishment shall not replace criminal punishment.
Article 22 of the Administrative Punishment Law of the People's Republic of China (Law) If an illegal act constitutes a crime, the administrative organ must transfer the case to the judicial organ and investigate the criminal responsibility according to law.