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How to punish unqualified products in food law?

The illegal income and food produced and marketed illegally shall be confiscated, and tools, equipment, raw materials and other articles used for illegal production and marketing may be confiscated, and a fine shall be imposed. The amount of the fine shall be determined by the food and drug supervision and administration department of the people's government.

according to article 123 of the food safety law, if anyone violates the provisions of this law under any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the food illegally produced and marketed, and may also confiscate the tools, equipment, raw materials and other items used for illegal production and marketing.

if the value of food illegally produced and operated is less than 11,111 yuan, a fine of not less than 111,111 yuan but not more than 151,111 yuan shall be imposed; If the value of the goods is more than 11,111 yuan, a fine of more than 15 times and less than 31 times of the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel of the public security organ may be detained for more than five days and less than fifteen days:

(1) using non-food raw materials to produce food, adding chemicals other than food additives to food and other substances that may endanger human health, or using recycled food as raw materials to produce food, or dealing in the above-mentioned food;

(2) Production and operation of main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet food safety standards;

(3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing and dealing in their products;

(4) dealing in meat that has not been quarantined or failed to pass the quarantine according to regulations, or producing and operating meat products that have not been inspected or failed to pass the inspection;

(5) producing and marketing foods that are forbidden by the state for special needs such as disease prevention;

(6) Production and marketing of food with drugs added.

those who knowingly engage in the illegal acts specified in the preceding paragraph and still provide them with production and business premises or other conditions shall be ordered by the food and drug 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 111,111 yuan but not more than 211,111 yuan; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with food producers and operators.

anyone who illegally uses highly toxic or toxic pesticides may be detained by the public security organ in accordance with the first paragraph, in addition to being punished in accordance with relevant laws and regulations.

article 124 if anyone violates the provisions of this law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, food and food additives illegally produced and operated, and may also confiscate tools, equipment, raw materials and other articles used for illegal production and operation.

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 the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked:

(1) Production and operation of pathogenic microorganisms, pollutants such as pesticide residues, veterinary drug residues, biotoxins, heavy metals, and other foods and food additives with substances harmful to human health exceeding the food safety standards;

(2) using food raw materials and food additives beyond the shelf life to produce food and food additives, or dealing in the above-mentioned food and food additives;

(3) producing and operating foods that use food additives beyond the scope and limit;

(4) Production and operation of foods and food additives that are spoiled, rancid, moldy and insect-infested, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties;

(5) producing and selling foods and food additives with false production date, shelf life or beyond the shelf life;

(6) Production and operation of health food, formula food for special medical use and infant formula milk powder that are not registered according to regulations, or failure to organize production according to technical requirements such as registered product formula and production technology;

(7) producing infant formula milk powder by sub-packaging, or producing different brands of infant formula milk powder by the same enterprise with the same formula;

(8) using new food raw materials to produce food, or producing new varieties of food additives, failed to pass the safety assessment;

(9) The food producers and business operators still refuse to recall or stop their business after being ordered to do so by the food and drug supervision and administration department.

in addition to the circumstances specified in the preceding paragraph and articles 123 and 125 of this law, those who produce and operate foods and food additives that do not meet the laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph. The quality supervision department of the people's government at or above the county level shall punish those who produce new varieties of food-related products and fail to pass the safety assessment, or produce food-related products that do not meet the food safety standards.

extended information

according to article 148 of the food safety law

if a consumer suffers from food that does not meet the food safety standards, he may demand compensation from the business operator or the producer. Producers and business operators who receive consumer compensation claims shall implement the first responsibility system, pay first, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.

if a consumer produces food that does not meet the food safety standards or manages food that he knows does not meet the food safety standards, in addition to claiming damages, he can also claim compensation of ten times the price or three times the loss from the producer or operator; If the amount of additional compensation is less than 1,111 yuan, it will be 1,111 yuan. However, there are defects in the labels and instructions of food that do not affect food safety and will not mislead consumers.

article 149 anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.

Reference: China Court Network-Food Safety Law.