Legal analysis
In order to ensure food safety, food additives and food-related products, once they are produced and operated, are of bad nature and should be investigated for legal responsibility. Once the production and operation will inevitably affect food safety, it will be listed separately. This article stipulates the second scope of strict legal responsibility. Using new food raw materials to produce food, or producing new varieties of food additives, is an act of submitting safety evaluation materials of related products to the health administrative department of the State Council and applying for permission. Anyone who uses new food raw materials to produce food or produce new varieties of food additives and fails to pass the safety evaluation and obtain permission shall be investigated for legal responsibility in accordance with the provisions of this article. If a food producer or business operator fails to recall or stop business operations in accordance with the provisions of this article, the food and drug supervision and administration department of the people's government at or above the county level may order him to recall or stop business operations. If a food producer or business operator refuses to recall or stop business after being ordered by the food and drug supervision and administration department, he shall be investigated for legal responsibility in accordance with the provisions of this article. In addition to the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other substances harmful to human health exceeding the food safety standards, the food safety standards also stipulate other limit indicators. Violation of this index shall be punished in accordance with the provisions of the first paragraph.
legal ground
Article 124 of the Food Safety Law of People's Republic of China (PRC) violates the provisions of this law, and 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 and the food and food additives illegally produced and operated, and may also confiscate the 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; If the circumstances are serious, the license shall be revoked: (1) producing and operating pollutants such as pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other foods and food additives with substances harmful to human health exceeding 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; (three) the production and operation of food that uses food additives beyond the scope and beyond the limit; (four) the production and operation of food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties; (five) the production and operation of food and food additives with false production date, shelf life or beyond the shelf life; (six) the production and operation of health food, formula food for special medical use and infant formula milk powder that are not registered according to the regulations, or the organization of production according to the technical requirements of the registered product formula and production process; (seven) packaging the production of infant formula milk powder, or the same enterprise uses the same formula to produce different brands of infant formula milk powder; (eight) the use of new food raw materials to produce food, or the production of new varieties of food additives, failed to pass the safety assessment; (nine) the food producers and business operators still refuse to recall or suspend business after being ordered by the food safety supervision and administration department. Except in 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 food safety supervision and administration department of the people's government at or above the county level shall punish those who produce new varieties of food-related products that fail to pass the safety assessment, or produce food-related products that do not meet the food safety standards.