Legal analysis: If the circumstances do not constitute a crime, the collection of illegal income and illegal production and operation of food, food additives, and can be confiscated for illegal production and operation of tools, equipment, raw materials and other items; illegal production and operation of food, food additives less than 10,000 yuan in value, and impose a fine of 50,000 yuan or more than 100,000 yuan; value of more than 10,000 yuan and impose a fine of 10 times the amount of value of goods Above twenty times the amount of fine; the circumstances are serious, revoke the license:

If constitute a crime, in accordance with the criminal law penalties.

Legal basis: "The Chinese People's *** and State Food Safety Law" Article 124 Violation of the provisions of this law, one of the following circumstances, does not constitute a crime, by the people's government at or above the county level food safety supervision and management department confiscate the illegal income and illegal production and operation of food, food additives, and can be confiscated for illegal production and operation of tools, equipment, raw materials and other items; illegal production and operation of food, food additives, goods and other items; the illegal production and operation of food, food additives, goods and services. Management of food, food additives less than 10,000 yuan in value, and impose a fine of 50,000 yuan or more than 100,000 yuan; value of 10,000 yuan or more, and impose a fine of 10 times the amount of 10 times the amount of 20 times the amount of the goods; the circumstances are serious, revocation of licenses:

(a) the production and operation of pathogenic microorganisms, pesticide residues, residues of veterinary drugs, biological toxins, heavy metals, and other contaminants, as well as other substances hazardous to human health. Health hazards of substances in excess of the food safety standards and limits of food, food additives;

(b) with more than the shelf-life of food raw materials, food additives, food production, food additives, or business of the above food, food additives;

(c) the production and operation of over-scope, ultra-limited use of food additives of food;

(d) the production and operation of spoilage, fat and oil, mold and mildew. (D) the production and management of corruption and spoilage, rancidity of fats and oils, mold and insects, dirty and unclean, mixed with foreign matter, adulteration and adulteration or abnormal organoleptic properties of food, food additives;

(E) the production and management of food, food additives labeled with a false date of manufacture, shelf life or beyond the shelf-life;

(F) the production and management of health food, food formulas for special medical purposes, infant formula milk powder is not registered in accordance with the regulations (G) the production of infant formula milk powder, or the same enterprise with the same formula to produce different brands of infant formula milk powder;

(H) the use of new food raw materials for the production of food, or the production of new varieties of food additives, did not pass the safety assessment;

(Ix) food production and operation in the food safety supervision and management department ordered them to recall or stop operating, but still refused to recall or stop operating.

In addition to the preceding paragraph and the provisions of Article 123 and Article 125 of this Law, the production and operation of food or food additives that do not comply with the laws, regulations or food safety standards shall be punished in accordance with the preceding paragraph.

Production of new varieties of food-related products, not through the safety assessment, or the production of food-related products do not meet the food safety standards, by the people's governments at or above the county level, food safety supervision and management departments shall be punished in accordance with the provisions of the first paragraph.