Catering service belongs to food business. Article 41 of the Food Safety Law stipulates that food business operators should store food according to the requirements of ensuring food safety, regularly check the stored food, and promptly clean up the food that has deteriorated or exceeded its shelf life. This is a special provision for food business operators to store and inspect food.
The use of expired ingredients in restaurants violates the provisions of Article 41 of the Food Safety Law, and should be ordered to make corrections and given a "warning" according to the provisions of Item (4) of Article 87 of the Food Safety Law that "food is not stored or sold as required"; Refuses to correct, at more than two thousand yuan to twenty thousand yuan fine; If the circumstances are serious, it shall be ordered to stop production until the license is revoked.
Legal basis:
Article 124 of the Food Safety Law of the People's Republic of China
If any of the following circumstances does not constitute a crime, the food safety 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 safety 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.
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, shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.