The food and drug supervision and administration department of the people's government at or above the county level confiscated illegal income and food additives, 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.
For the catering industry, food business license is very important. If you want to apply for a certificate, you need to have a legal business license first, and you must pass a certain audit. An enterprise whose license has been revoked shall not apply for a business license again within five years, and shall not apply for a food business license again within one year if it uses forged materials to obtain a food business license.
I. Materials required for handling food business license
1, food business license application; Business license of the enterprise;
2, the main food business equipment and other documents;
3. Apply for a health permit issued by the Health Bureau.
After these materials are prepared, the food business license can be issued in about five working days as long as they are submitted to the corresponding departments for application.
Therefore, for unlicensed food merchants, fines will be determined according to the value of illegal food. If consumers' rights and interests are harmed, food producers will bear joint and several liability.
Second, what is the scope of compensation for food safety issues?
(1) If the victim chooses tort litigation:
(1) If the food provided by the business operator causes personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, income reduced due to missed work and other expenses. If it causes disability, it shall also pay the cost of self-help appliances, living allowance, disability compensation and the necessary living expenses of the dependents;
(2) If the food provided by the business operator causes the death of consumers or other victims, it shall pay funeral expenses, death compensation and the living expenses necessary for the dependents of the deceased;
(3) Consumers have the right to request replacement or return of food that has been legally recognized as unqualified by the relevant administrative departments;
(4) If the victim's personal rights such as life, health and body rights are infringed, he may request compensation for mental damage;
⑤ When producing or selling food that does not meet the food safety standards, consumers may demand compensation of ten times the price from the producers or sellers in accordance with the provisions of Article 96 of the Food Safety Law. In addition, if the operator constitutes a crime, he shall be investigated for criminal responsibility according to law.
(2) If the victim chooses to sue for breach of contract:
According to Article 577 of the General Principles of the Civil Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
(2) According to the provisions of Article 49 of the Law on the Protection of Consumer Rights and Interests, that is, "if an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services".
Third, how to compensate for expired food?
Compensation for commodity prices exceeding 10 times.
According to the Law on the Protection of Consumers' Rights and Interests, it is fraudulent to provide compensation to consumers knowing that there is something wrong with the goods.
legal ground
People's Republic of China (PRC) Food Safety Law
Article 122 Whoever, in violation of the provisions of this Law, engages in food production and marketing activities without a food production and marketing license, or engages in food additive production activities without a food additive production license, the food safety 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, but still providing production and business premises or other conditions, the food safety 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.