[Case Statement]”Basic Law” must be taught in cucumber shooting
By: Date: 2021-02-18 Categories: chinesefood Tags: ,
[Case Statement]”Basic Law” must be taught in cucumber shootingimage


   will really be fined 50,000 yuan for taking root cucumber? The freedom of cherries is realized, Is the freedom to shoot cucumbers gone? Xiaobian will reveal the secret for you!


  Introduction to the case

   Recently, the Shanghai Jinshan District Market Supervision Bureau received a report saying that a restaurant on a take-out platform had over-range cold foods.

   After investigation, the place is a snack bar, and the business items indicated on the food business license are the production and sale of hot food, not including cold food There is no special room for cold food production in the store, but it was discovered on the spot that it was selling cold food such as garlic cucumber and pickled chicken feet on the online take-out platform. In view of the fact that its conduct of engaging in cold food business beyond the permitted scope violated the provisions of the”Measures for Investigation and Punishment of Internet Food Safety Illegal Activities,” Jinshan District Market Supervision Bureau filed a case and punished it according to law.

  legal analysis

   Article 35 of the Food Safety Law stipulates that “The state implements a licensing system for food production and operation. Food production, food sales, and catering services shall be obtained according to law Permit.” In this case, Xiao X has obtained a food business license, why was he still punished?

   Article 16 of the Measures for the Investigation and Punishment of Internet Food Safety Illegal Acts stipulates that “Internet food producers and operators shall obtain permits in accordance with the The category scope sells food, and the networked food business operator shall engage in food business in accordance with the permitted business item scope. Except for those who do not need to obtain a food production and business license as required by laws and regulations.”

   However, in this case, the restaurant only obtained a license for the production and sale of hot foods, and sold garlic, cucumber, pickled chicken feet and other cold sauces through the takeaway platform without authorization. Food, beyond the scope of its certification, constitutes an illegal act”to engage in food business beyond the scope of the permitted business project”. According to Article 38 of the”Measures for the Investigation and Punishment of Internet Food Safety Illegal Activities”, it shall be in accordance with the”Food Safety Law” Article 122 stipulates that”If the value of the goods is less than 10,000 yuan, a fine of 50,000 yuan to 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, the value of the goods shall be ten times or more. Fines below ten times.”

   Later, under the guidance of law enforcement officers, Xiao X purchased equipment, set up an operation room, and applied for an increase in the business scope of cold food production and sales.”Shoot Cucumber Free”.

  1. Engaging in the production and sale of cold food without permission has a high food safety risk. Catering units should set up special rooms when engaged in the production and sale of cold food, and they should have certain hardware and software conditions. In order to obtain evidence, you must not be lucky.

  2. Consumers should pay attention to the business license and food business license published by the catering unit when dining out or ordering food on the online take-out platform. For merchants with relevant qualifications to consume, please pay attention to keep the receipts when you consume. In case of illegal behavior, please call 12315.

   (Contribution:Jinshan District Market Supervision Bureau)