1. Selling cold dishes without obtaining the qualification of cold food business is fined, and the safety risk of cold food is high, especially cold dishes are "high-risk foods", which are easy to breed microorganisms, so the processing control requirements are very strict.
2. Article 35 of the Food Safety Law stipulates that "the state implements a licensing system for food production and operation. Engaged in food production, food sales, catering services, should obtain permission according to law. " Article 16 of the Measures for Investigating and Dealing with Illegal Acts of Internet Food Safety stipulates that "Internet food producers and operators shall obtain licenses according to law, and online food producers shall sell food according to the scope of licensed categories, and online food operators shall engage in food business according to the scope of licensed business projects. Except for laws and regulations that do not require food production and operation licenses. " There are laws to follow, and fines are justified.
3. To say the least, if there is no flaw in the process of administrative punishment, legitimacy is not the only essence of administrative punishment, and rationality also needs to be followed. The principle of administrative rationality is a basic principle juxtaposed with the principle of administrative legitimacy, and it is also a restrictive supplement to the principle of administrative legitimacy. It requires that the administrative behavior of the administrative subject is not only legal but also reasonable.
Event supplement: Recently, many restaurants in Anhui were fined for selling cold cucumber. For example, Wang Liangcai's pickled fish shop in Wang Hucheng, Baohe District, was fined 5,000 yuan for not having the qualification to sell cold cucumber on a take-away platform. Chiyou Restaurant in Luyang District was also fined 5,000 yuan for selling cold cucumber online. On a website forum in Chizhou, a restaurant owner posted that he was fined 5,000 yuan by the market supervision department for cooking cold dishes in the store, which caused concern.