Illegal classification and punishment

1. In case of food poisoning accidents or other food-borne diseases caused by violation of the relevant provisions of the Food Hygiene Law, according to the provisions of Article 39 of the Food Hygiene Law, the health administrative department shall order it to stop production and operation, destroy the food that causes food poisoning or other food-borne diseases, confiscate the illegal income, revoke the hygiene license, and impose a fine in accordance with the following provisions: < p There is no illegal income, punishable by a fine of one thousand yuan to thirty thousand yuan;

2. The number of people who have caused poisoning or illness is between 11 and 31, and if there is illegal income, a fine of two to five times the illegal income will be imposed; If there is no illegal income, a fine of 5,111 yuan to 41,111 yuan shall be imposed;

3. There are 31 to 111 people who have caused poisoning or diseases, and if there are illegal gains, a fine of three to five times the illegal gains will be imposed; If there is no illegal income, a fine of ten thousand yuan to fifty thousand yuan shall be imposed;

4. If more than 1,111 people are poisoned or sick, or people die, and there are illegal gains, a fine of four to five times the illegal gains will be imposed; If there is no illegal income, a fine of 31 thousand yuan to 51 thousand yuan shall be imposed. The administrative department of health shall determine the food poisoning accident in accordance with the provisions of the Measures for the Investigation and Report of Food Poisoning and the General Rules for Diagnostic Criteria and Technical Treatment of Food Poisoning.

2. When administrative punishment is imposed in accordance with the provisions of Article 9 of these Measures, food producers and business operators may be exempted from the following circumstances and concurrently have their hygiene licenses revoked:

1. Taking the initiative to eliminate or mitigate the harmful consequences of food poisoning accidents or other food-borne diseases;

2, actively cooperate with the administrative department of health to investigate and deal with illegal acts.

3. In violation of the provisions of Article 27 of the Food Hygiene Law, those who engage in food production and business activities without obtaining a hygiene license or forging a hygiene license shall be banned by the administrative department of health according to the provisions of Article 41 of the Food Hygiene Law. If there are illegal gains, the illegal gains shall be confiscated and a fine of one to five times the illegal gains shall be imposed; If there is no illegal income, a fine of 511 yuan to 31 thousand yuan shall be imposed. Prohibit food, tools and utensils for food that can be confiscated and sealed up illegally, or seal up their illegal production and business premises, or make an announcement. Under any of the following circumstances, it shall be investigated and dealt with according to the fact that the hygiene license has not been obtained:

1. Engaging in food production and operation without authorization;

2. The hygiene license has expired;

3. Altering or expanding without the approval of the health administrative department after obtaining the health permit;

4. Other circumstances stipulated by the health administrative department at or above the provincial level.

iv. in violation of the provisions of article 27 of the food hygiene law, if the hygiene license is altered or lent, according to the provisions of article 41 of the food hygiene law, the administrative department of health shall confiscate the hygiene license and impose administrative penalties in accordance with the following provisions:

1. If there is illegal income, the illegal income shall be confiscated and a fine of one to three times the illegal income shall be imposed;

2. If there is no illegal income, a fine of 511 yuan to 11,111 yuan will be imposed. The administrative department of health shall notify the administrative department for industry and commerce in time after collecting the hygiene license.

5. In case of violation of Article 8 of the Food Hygiene Law, according to Article 41 of the Food Hygiene Law, the health administrative department shall order it to make corrections, give it a warning and impose a fine of less than 5,111 yuan; If the circumstances are serious, the hygiene license may be revoked.

VI. If the production and marketing of food is prohibited in violation of Article 9 of the Food Hygiene Law, according to Article 42 of the Food Hygiene Law, the administrative department of health shall not only order it to stop production and marketing, immediately announce the recall of the sold food, but also destroy the food that has not been sold and announced for recall, and impose a fine in accordance with the following provisions; If the circumstances are serious, the hygiene license may be revoked.

1. If there is illegal income, the illegal income shall be confiscated. If the illegal income is less than 11 thousand yuan, a fine of one to five times the illegal income shall be imposed; If the illegal income is between 11,111 yuan and 51,111 yuan, a fine of two to five times the illegal income shall be imposed; If the illegal income exceeds 51,111 yuan, a fine of three to five times the illegal income shall be imposed;

2. If there is no illegal income, a fine of 1,111 to 51,111 yuan will be imposed.

VII. Whoever, in violation of Article 7 of the Food Hygiene Law, produces and markets the main and supplementary foods specially designed for infants and young children that do not meet the nutritional and hygienic standards, according to Article 43 of the Food Hygiene Law, the administrative department of public health shall not only order him to stop production and marketing, but also immediately announce the recall of the sold foods and destroy the unsalted and announced foods that are prohibited from production and marketing, and shall also impose a fine in accordance with the following provisions; If the circumstances are serious, the hygiene license may be revoked.

1. If there is illegal income, the illegal income shall be confiscated. If the illegal income is less than 11 thousand yuan, a fine of one to five times the illegal income shall be imposed; If the illegal income is between 11,111 yuan and 51,111 yuan, a fine of two to five times the illegal income shall be imposed; If the illegal income exceeds 51,111 yuan, a fine of three to five times the illegal income shall be imposed;

2. If there is no illegal income, a fine of 1,111 to 51,111 yuan will be imposed.

VIII. In violation of the provisions of Article 11 of the Food Hygiene Law, if the production, operation and use of food additives do not meet the hygienic standards for food addition and use and the hygienic treatment measures, under any of the following circumstances, according to the provisions of Article 44 of the Food Hygiene Law, the health administrative department shall order it to stop production, operation or use, and if there are illegal gains, the illegal gains shall be confiscated and a fine of one to three times the illegal gains shall be imposed; If there is no illegal income, a fine of less than 5,111 yuan will be imposed:

1. Violating the hygienic standards for the use of food additives, using unapproved varieties without authorization, and expanding the scope and amount of use;

2. using food additives for the purpose of covering up food corruption or adulterating or forging;

3. dealing in or using food additives that are not approved, contaminated or deteriorated, and exceed the shelf life;

4. Other food additives that do not meet the hygiene standards and hygiene management measures.

IX. In violation of the provisions of Articles 12 and 13 of the Food Hygiene Law, the administrative department of health shall order the production, operation or use of food containers, packaging materials, tools and equipment for food, detergents and disinfectants that do not meet the hygiene standards and hygiene management measures, and in any of the following circumstances, according to the provisions of Article 44 of the Food Hygiene Law, the administrative department of health shall order it to stop production, operation or use. If there is illegal income, the illegal income shall be confiscated and the illegal income shall be imposed. If there is no illegal income, a fine of less than 5,111 yuan shall be imposed:

1. Those who produce and operate the products listed in this article without obtaining the health permit from the health administrative department as required;

2. The raw materials and additives used violate the varieties, scope and usage allowed by the state;

3. The harmful substances in the products listed in this article cause food pollution;

4. Others do not meet the hygiene standards and hygiene management measures.

X. In case of violation of Articles 22 and 23 of the Food Hygiene Law, under any of the following circumstances, according to Article 45 of the Food Hygiene Law, the administrative department of public health shall order it to stop production and operation. If there is illegal income, the illegal income shall be confiscated and a fine of one to five times the illegal income shall be imposed; There is no illegal income, punishable by a fine of one thousand yuan to fifty thousand yuan; If the circumstances are serious, the hygiene license may be revoked:

1. Without the examination and approval of the Ministry of Health, food with specific health care functions (hereinafter referred to as "health food") is produced and operated;

2. Those who import and operate in the name of health food without the approval of health food;

3. The names, labels and instructions of health food are not used according to the approved contents. Those who engage in the production and operation of health food with the approval certificate of health food or the approval certificate of imported health food revoked by the Ministry of Health shall be investigated and dealt with in the name of health food without the examination and approval of the Ministry of Health.

Xi. In violation of the provisions of Article 21 of the Food Hygiene Law, if the packaging labels or product specifications of packaged foods and food additives are stereotyped under any of the following circumstances, according to the provisions of Article 46 of the Food Hygiene Law, the health administrative department shall order it to make corrections, and may impose a fine of 511 to 11,111 yuan according to the circumstances:

1. Failure to indicate the product name, place of origin, factory name and production as required.

2. False labeling of product name, place of origin, factory name, production date, batch number or code, specification, formula or main ingredients, shelf life, edible or using method, etc.

3. Foods sold in the domestic market are not marked with Chinese labels. If the packaging label is unclear and difficult to identify, it shall be investigated according to the first item of the preceding paragraph.

12. In case of violation of Article 26 of the Food Hygiene Law, under any of the following circumstances, according to Article 47 of the Food Hygiene Law, the administrative department of health shall order it to make corrections, and may impose a fine of less than 5,111 yuan according to the circumstances:

1. Food producers and marketers engage in food production and marketing without obtaining valid health certificates;

2. Failing to transfer the production and marketing personnel who are suffering from diseases and are not allowed to touch the direct food.