(1) The producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;
(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;
(3) The producers and operators of food and food additives fail to inspect the licenses and relevant supporting documents when purchasing, or fail to establish and abide by the systems of incoming inspection records, ex-factory inspection records and sales records as required;
(four) the food production and operation enterprises have not formulated the food safety accident disposal plan;
(5) Tableware, drinking utensils and containers for directly-eaten food are not cleaned and disinfected before use, or catering service facilities and equipment are not regularly maintained, cleaned and calibrated according to regulations;
(6) Food producers and business operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the health administrative department of the State Council to engage in the work of contacting directly imported food;
(seven) the food business operator fails to sell food as required;
(eight) the health food production enterprise fails to file with the food and drug supervision and administration department in accordance with the provisions, or fails to organize production in accordance with the technical requirements such as product formula and production technology for the record;
(nine) infant formula food production enterprises have not filed food raw materials, food additives, product formulas and labels with the food and drug supervision and administration department;
(ten) the special food production enterprise fails to establish the production quality management system and implement it effectively, or fails to submit the self-inspection report regularly;
(eleven) the food producers and operators did not regularly check and evaluate the food safety situation, or the production and operation conditions changed, and did not deal with it according to the regulations;
(twelve) schools, kindergartens, pension institutions, construction sites and other centralized dining units failed to fulfill the responsibility of food safety management;
(thirteen) food production enterprises and catering service providers fail to formulate and implement the control requirements of production and operation process according to the regulations.
Where a centralized disinfection service unit for tableware uses detergents and disinfectants in violation of the provisions of this Law, or the tableware that leaves the factory fails to pass the inspection in accordance with the provisions, and is accompanied by a disinfection certificate, or fails to indicate the relevant contents on the independent packaging in accordance with the provisions, the administrative department of health of the people's government at or above the county level shall be punished in accordance with the provisions of the preceding paragraph.
Where the producer of food-related products fails to inspect the food-related products produced in accordance with the regulations, the quality supervision department of the people's government at or above the county level shall be punished in accordance with the provisions of the first paragraph.
Whoever sells edible agricultural products in violation of the provisions of Article 65 of this Law shall be punished by the food and drug supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.
How to punish people who engage in food business without health certificate according to the Food Safety Law? The Food Safety Law puts forward the punishment of arranging taboo personnel to engage in direct contact with imported food, but does not put forward the punishment of engaging in food business without health certificate.
According to the provisions of the new Food Safety Law, what kind of punishment should be imposed for engaging in food business activities without a food business license? Food safety law
Article 28 The production and marketing of the following foods are prohibited:
(1) Foods produced using non-food raw materials or using chemicals other than food additives and other substances that may be harmful to human health, or foods produced using recycled foods as raw materials;
(2) Pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health exceed the food safety standards;
(three) the main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet the food safety standards;
(four) food that is spoiled, rancid, moldy, unclean, adulterated or has abnormal sensory properties;
(five) poultry, livestock, animals, aquatic animals and their products that died of illness, poisoning or unknown cause;
(6) Meat that has not been quarantined or failed to pass the quarantine inspection by the supervising agency for animal health, or meat products that have not been inspected or failed to pass the inspection;
(seven) food contaminated by packaging materials, containers, means of transport, etc. ;
(eight) food beyond the shelf life;
(9) Unmarked prepackaged foods;
(ten) in order to prevent diseases and other special needs, the state explicitly prohibits the production and operation of food;
(eleven) other foods that do not meet the food safety standards or requirements.
What is the basis of punishment without health certificate in Food Safety Law?
Article 34 Food producers and business operators shall establish and implement the health management system for employees. Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever and viral hepatitis, as well as those suffering from diseases that hinder food safety such as active tuberculosis, suppurative or exudative facial diseases, shall not engage in direct contact with imported food.
Food production and marketing personnel shall carry out health examination every year and obtain health certificates before taking part in the work.
Other non-penalty regulations
20 15 food safety law does not require a health certificate? Different regions have different requirements for supermarket staff to apply for health certificates. In some areas, all staff are required to apply for health certificates, while the supermarkets in our area (I work in supermarkets) only require those who work in food, seasoning, washing and cashier areas to apply for health certificates. Daily necessities, knitting, department stores and other areas do not need to be handled. root
The new Food Safety Law can punish unlicensed food, but after the seller has fulfilled the incoming inspection system, if he doesn't know that the product is prohibited from being sold and can truthfully mention the source of the product, he can be given a lighter or mitigated punishment. After the infringement caused by food quality, the operator can make compensation first, and then recover the compensation paid from the producer.
According to the provisions of the Food Safety Law, which foods are prohibited by food business operators 20 15 10 10, the State Food and Drug Administration of the United States promulgated and implemented the Food Safety Law, and the following provisions prohibit food producers from producing and operating:
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, or using recycled food as raw materials to produce food, or dealing in the above-mentioned foods;
(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 people's food and drug supervision and administration department 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 100,000 yuan but not more than 200,000 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 and the food and food additives illegally produced and operated, and may also confiscate the 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 harmful to human health that exceed the 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) beyond the scope of production and marketing of food and the use of food additives;
(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 marked with false production date and 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.
Those who produce new varieties of food-related products and fail to pass the safety assessment, or those who produce food-related products that do not meet the food safety standards, shall be punished by the people's quality supervision departments at or above the county level in accordance with the provisions of the first paragraph.
Article 125 In case of any of the following circumstances in violation of the provisions of this Law, 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 confiscate the 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 ranging from 5,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked:
(a) the production and operation of food and food additives contaminated by packaging materials, containers and means of transport;
(two) the production and operation of unlabeled prepackaged foods and food additives, or food and food additives whose labels and instructions do not conform to the provisions of this law;
(three) the production and operation of genetically modified foods are not marked according to the regulations;
(4) Food producers and business operators purchase or use food raw materials, food additives and food-related products that do not meet food safety standards.
The food and drug supervision and administration department of the people's government at or above the county level shall order the food and drug administration department of the people's government at or above the county level to correct the defects in the labels and instructions of the food and food additives produced and operated, but they will not affect food safety and mislead consumers; Refuses to correct, a fine of two thousand yuan.
Article 126 Anyone who violates the provisions of this Law in any of the following circumstances shall be ordered by the food and drug supervision and administration department of the people's government at or above the county level to make corrections and be given a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked:
(1) The producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;
(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;
(3) The producers and operators of food and food additives fail to inspect the licenses and relevant supporting documents when purchasing, or fail to establish and abide by the systems of incoming inspection records, ex-factory inspection records and sales records as required;
(four) the food production and operation enterprises have not formulated the food safety accident disposal plan;
(5) Tableware, drinking utensils and containers for directly-eaten food are not cleaned and disinfected before use, or catering service facilities and equipment are not regularly maintained, cleaned and calibrated as required;
(6) Food producers and business operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the health administrative department of the State Council to engage in the work of contacting directly imported food;
(seven) the food business operator fails to sell food as required;
Containing additives