The Food Safety Law is enacted to ensure food safety and public health and life safety. I. Latest Punishment Standards of the Food Safety Law of 2022 Article 122 Anyone who violates the provisions of this Law and engages in food production and business activities without obtaining a food production and business license, or engages in food additive production activities without obtaining a food additive production license, shall be confiscated by the food and drug supervision and administration department of the people's government at or above the county level. 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. Knowing that it is an illegal act stipulated in the preceding paragraph, the food and drug supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives. Article 123 If anyone violates the provisions of this Law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the food illegally produced and marketed, and may also confiscate the tools, equipment, raw materials and other articles used for illegal production and marketing; If the value of food illegally produced and operated is less than 1 10,000 yuan, a fine of more than100,000 yuan and less than150,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than 15 times and less than 30 times shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days: (1) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health to food, or using recycled food as raw materials to produce food, or dealing in the above-mentioned food; (two) the production and operation of main and auxiliary foods that are specially used for infants and other specific groups, and whose nutritional components do not meet the food safety standards; (3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing or dealing in their products; (4) dealing in meat that has not been quarantined or failed to pass the quarantine inspection, or producing or dealing in meat products that have not been inspected or failed to pass the inspection; (5) Producing and marketing foods prohibited by the state for special needs such as disease prevention; (six) the production and operation of food containing drugs. Knowing that it is an illegal act stipulated in the preceding paragraph, the food and drug supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of100000 yuan to 200000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators. Whoever illegally uses highly toxic or highly toxic pesticides may be detained by the public security organ in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations. Article 124 If anyone violates the provisions of this Law in any of the following circumstances, which does not constitute a crime, the food and drug 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 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) food producers and business operators have been ordered by the food and drug supervision and administration department to recall or suspend business, but still refuse to recall or suspend business. 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 quality supervision 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.
Legal objectivity:
20 16 the full text of the new regulations on online food safety stipulates that in order to implement the Food Safety Law, standardize online food trading behavior and ensure online food safety, on July 16, Director Bi Jingquan of China Food and Drug Administration signed Decree No.27, Measures for Investigating and Handling Illegal Acts of Online Food Safety (hereinafter referred to as the Measures). These Measures shall come into force on June 0, 20 16. The specific contents include: (1) Strengthening the obligations of food producers and operators on the platform and in the network. The Measures clarify the recording obligations of third-party platform providers of online food transactions and food producers and operators who conduct transactions through self-built websites, ensure the reliability and security of online food transaction data and materials, and record and save transaction information. It stipulates the obligations of third-party platform providers of online food transactions to establish a registration review system, establish files of food producers and operators in the network, check their business practices, and stop providing platform services when they find that food producers and operators in the network have seriously violated the law. (two) to refine the specific circumstances of serious violations. The "Measures" clarify that providers of third-party platforms for online food transactions find that online food producers and operators have been investigated or prosecuted for suspected food safety crimes, sentenced by people's courts for food safety crimes, detained by public security organs for food safety violations or given other public security management penalties, and punished by food and drug supervision and management departments according to law, they should stop providing online trading platform services. (3) Define the jurisdiction of illegal acts. The "Measures" stipulate that the investigation and punishment of food safety violations by third-party platform providers of online food transactions shall be under the jurisdiction of local food and drug supervision and administration departments at or above the county level where the platform providers are located; The investigation and punishment of food producers and operators in the network shall be under the jurisdiction of the local food and drug supervision and administration department at or above the county level where the food producers and operators in the network are located or where the production and business premises are located. Food safety accidents or other serious harmful consequences caused by online food transactions can also be under the jurisdiction of local food and drug supervision and administration departments at or above the county level where online food safety violations occur or where illegal acts result. Consumers' complaints and reports on violations of online food safety shall be handled by local food and drug supervision and administration departments at or above the county level, such as the location of the third-party platform provider of online food trading, the location of the food producers and operators or the location of the production and business premises. (4) Strengthen the responsibility of investigation and handling. The "Measures" stipulate that the food and drug supervision and management department may enter the online food trading places of the parties to conduct on-site inspections when investigating and dealing with online food safety violations; cheque