If the tableware fee has been informed before charging and the customer agrees, then the behavior is legal, and it is illegal to force the collection without informing.

At present, there is no clear regulation that it cannot be accepted, because catering enterprises belong to the category of market-regulated prices, and enterprises have the right to set their own prices. If a restaurant wants to charge a service fee, it must inform customers in advance. Otherwise, consumers' "right to know" and "right to choose" are violated, and customers can refuse to pay. At present, there is no uniform regulation in China. There is no legal basis for charging service fees, but it is not prohibited by law.

There is no hard and fast rule in law, but there is a tradition of historical practice. Operators should inform consumers in advance of collecting service fees, and the notification method should be clear and clear to ensure that consumers know. If you only use inconspicuous fonts in menus, desk labels or somewhere in the store, it is not enough to attract consumers' attention, and it is only when you check out that it infringes on consumers' right to know.

legitimate rights and interests of consumers:

1. This Law is formulated to protect the legitimate rights and interests of consumers, maintain social and economic order and promote the healthy development of the socialist market economy.

2. The rights and interests of consumers who purchase or use commodities or receive services for their daily consumption are protected by this Law; Matters not provided for in this Law shall be protected by other relevant laws and regulations.

3. Business operators shall abide by this Law when providing consumers with goods or services they produce and sell; Where there are no provisions in this law, other relevant laws and regulations shall be observed.

4. When dealing with consumers, business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility.

5. The state protects the legitimate rights and interests of consumers from infringement. The state takes measures to ensure that consumers exercise their rights according to law and safeguard their legitimate rights and interests. The state advocates civilized, healthy, resource-saving and environment-friendly consumption patterns and opposes waste.