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:
(a) the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants and other substances, foods and food additives harmful to human health;
(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.
Extended data
Case of applying Article 124 of the Food Safety Law: A butcher shop in Boshan is suspected of producing and selling foods that use food additives beyond the scope.
20 17 From February to March, the US Food and Drug Administration randomly sampled "Su Xiang dried pork" in three food stores in our district. After inspection by Qingdao Puni Testing Co., Ltd., the items of lemon yellow and sunset yellow do not meet the requirements of GB2760-20 14 "Standards for the Use of Food Additives in National Standards for Food Safety", and the inspection conclusion is unqualified.
After investigation by Boshan Town of the US Food and Drug Administration, shima town Town of the US Food and Drug Administration and Yolanda Town of the US Food and Drug Administration, during sampling inspection, the parties all claimed that the products were produced and processed by themselves. After receiving the unqualified inspection report, they changed their minds and said that they had purchased from a butcher shop in Boshan, and the unqualified food had been sold out.
The production and operation of food with food additives beyond the scope has violated the provisions of Item (4) of Paragraph 1 of Article 34 of People's Republic of China (PRC) Food Safety Law: it is forbidden to produce and operate food with food additives beyond the scope and beyond the limit.
According to the circumstances of the case, the parties to the case were given the following administrative penalties: confiscation of illegal income of RMB 1.111 million and a fine of RMB 50,000 yuan. ?
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