In violation of the provisions of this law, in any of the following circumstances, the relevant competent departments shall confiscate the illegal income, the food illegally produced and marketed, and the tools, equipment, raw materials and other articles used for illegal production and marketing in accordance with the division of responsibilities; If the value of food illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 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, the license shall be revoked:
(1) using non-food raw materials to produce food, or 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;
(two) the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health exceed the food safety standards;
(three) 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;
(4) dealing in foods that are spoiled, moldy, moth-eaten, unclean, doped, adulterated or have abnormal sensory properties; Interpretation of Article 85 of People's Republic of China (PRC) Food Safety Law;
In violation of the provisions of this law, in any of the following circumstances, the relevant competent departments shall confiscate the illegal income, the food illegally produced and marketed, and the tools, equipment, raw materials and other articles used for illegal production and marketing in accordance with the division of responsibilities; If the value of food illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 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, the license shall be revoked:
(1) using non-food raw materials to produce food, or 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;
(two) the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health exceed the food safety standards;
(three) 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;
(4) dealing in foods that are spoiled, moldy, moth-eaten, unclean, doped, adulterated or have abnormal sensory properties;
(5) dealing in the meat of poultry, livestock, animals and aquatic animals that have died of illness, poisoning or unknown causes, or producing and dealing in the meat products of poultry, livestock, animals and aquatic animals that have died of illness, poisoning or unknown causes;
(6) dealing in meat that has not been quarantined or passed the quarantine inspection by the supervising agency for animal health, or producing or dealing in meat products that have not been inspected or passed the inspection;
(7) dealing in food beyond the shelf life;
(eight) the production and operation of food prohibited by the state for special needs such as disease prevention;
(9) Using new food raw materials to engage in food production or to engage in the production of new varieties of food additives and new varieties of food-related products without safety assessment;
(10) The food producers and business operators refuse to recall or stop their business after being ordered by the relevant competent department to recall or stop their business.
Interpretation of this article is about the legal liability for the production and marketing of food prohibited by this law in violation of the provisions of this law.
(a) the illegal acts stipulated in this article.
Food is the basic substance on which people live. Unsafe food will infringe on public health and life safety, and the consequences are very serious. In order to ensure food safety, Article 28 of the Food Safety Law clearly stipulates eleven kinds of foods whose production and operation are prohibited. The eight illegal acts listed in this article are stipulated in Articles 86 and 87 respectively. In addition, this article also stipulates legal responsibilities for illegal acts of using new food raw materials to engage in food production, or engaging in the production of new varieties of food additives and new varieties of food-related products without safety assessment, and for those who are ordered by relevant competent departments to refuse to recall or stop operating foods that do not meet food safety standards.
The acts stipulated in this article are all serious illegal acts that endanger food safety. For these behaviors, no matter whether they cause harmful consequences or not, as long as they appear, they must bear corresponding legal responsibilities. Here is an example of food exceeding its shelf life. Shelf life refers to the period during which prepackaged foods can maintain its quality under the storage conditions specified in the label. During this period, the product is completely suitable for sale and consumption, and maintains the unique quality that is unnecessary or has been stated in the label. Food that has exceeded the specified shelf life shall not deteriorate, and food-borne diseases shall not occur after consumers eat the food. However, as a food operator, he should bear social responsibility for the food he deals in and be responsible for the health of consumers, and must not deal in food beyond the shelf life. Because it exceeds the shelf life, it means that the quality of food may change and the safety may be difficult to guarantee. Therefore, operators should immediately remove such foods from the shelves and cannot sell them to consumers. Otherwise, even if it does not cause harmful consequences to consumers, it should bear corresponding legal responsibilities according to law.
(2) About administrative punishment
For the illegal acts stipulated in this article, the relevant competent departments shall, according to their respective duties, confiscate the illegal income, the food illegally produced and operated, and the tools, equipment, raw materials and other items used for illegal production and operation; If the value of food illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 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, the license shall be revoked.
Two points need to be pointed out here: first, "relevant competent departments" refer to quality supervision, industrial and commercial administration, food and drug supervision and management departments and animal health supervision institutions at or above the county level, and their division of labor is as follows: illegal acts specified in this article occur in food production, which shall be punished by quality supervision departments; The administrative department for industry and commerce shall be responsible for the punishment of the illegal acts stipulated in this article in the field of food circulation; The food and drug supervision and administration department shall punish the illegal acts specified in this article in the catering service; The supervising agencies for animal health shall punish the illegal acts of poultry, livestock, animals, aquatic animals and their products that have died of illness, poisoning or unknown causes, or have not been quarantined or passed the quarantine inspection by the supervising agencies for animal health, except for the three links of food production, circulation and catering services as stipulated in the Food Safety Law. Second, the Law on Animal Epidemic Prevention also stipulates the legal liability for illegal acts of dealing in poultry, livestock, beasts, aquatic animals and their products that have died of illness, poisoning or unknown cause of death, or producing and dealing in meat that has not been quarantined by animal health supervision institutions or is unqualified in quarantine. According to the principle that the latter law is superior to the former law established by the legislative law, the provisions of the Food Safety Law shall be applied to punish the illegal acts of dealing in poultry, livestock, beasts and aquatic animal meat and its products that have died of illness, poisoning or unknown causes, or producing and dealing in meat that has not been quarantined or failed to pass the quarantine inspection by animal health supervision institutions.
(3) On criminal responsibility
If the first nine kinds of illegal acts mentioned in this article constitute a crime, criminal responsibility shall be investigated in accordance with the provisions of Articles 143 and 144 of the Criminal Law on the crime of producing and selling food that does not meet the hygiene standards or the production and sale of toxic and harmful food. Article 143 of the Criminal Law stipulates: "Whoever produces or sells food that does not meet the hygiene standards enough to cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50% but not more than two times the sales amount, or their property shall be confiscated. " Article 144 stipulates: "Whoever adulterates toxic and harmful non-food raw materials in food produced or sold, or sells food that is knowingly adulterated with toxic and harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount; Whoever causes serious food poisoning accidents or other serious food-borne diseases and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50% but not more than two times the sales amount; Whoever causes death or especially serious harm to human health shall be punished in accordance with the provisions of Article 141 of this Law. "
Two points need to be pointed out here: First, according to the provisions of Article 149 of the Criminal Law, the illegal acts stipulated in this article do not constitute crimes stipulated in Articles 143 and 144, but if the sales amount is more than 50,000 yuan, they shall be convicted and punished in accordance with the provisions of Article 140 of the Criminal Law. Article 140 of the Criminal Law stipulates: "Producers and sellers who adulterate their products with fake products, pass off fake products as genuine products, and pass off unqualified products as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined at least 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to 15 years of fixed-term imprisonment or life imprisonment, and shall also be fined more than 50% and less than 2 times the sales amount, or his property shall be confiscated. " Second, if the subject of a crime that violates the provisions of this article is a unit, the unit shall be fined in accordance with the provisions of Article 150 of the Criminal Law, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the provisions of Articles 143 and 144 of the Criminal Law.
Shelf life refers to the period during which prepackaged foods can maintain its quality under the storage conditions specified in the label. During this period, the product is completely suitable for sale and consumption, and maintains the unique quality that is unnecessary or has been stated in the label. Food that has exceeded the specified shelf life shall not deteriorate, and food-borne diseases shall not occur after consumers eat the food. However, as a food operator, he should bear social responsibility for the food he deals in and be responsible for the health of consumers, and must not deal in food beyond the shelf life. Because it exceeds the shelf life, it means that the quality of food may change and the safety may be difficult to guarantee. Therefore, operators should immediately remove such foods from the shelves and cannot sell them to consumers. Otherwise, even if it does not cause harmful consequences to consumers, it should bear corresponding legal responsibilities according to law.
How to punish those who violate Article 75 and Article 125 of the 20 15 Food Safety Law, the food and drug supervision and administration department shall confiscate the illegal income and food additives, tools, equipment, raw materials and other items 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:
(14) Where a food producer or business operator refuses to recall or stop business after being ordered to do so by the food and drug supervision and administration department in accordance with paragraph 5 of Article 75 of this Law.
What are the penalties for violating Article 88 of the Food Safety Law? Article 88 of the Food Safety Law If there is any objection to the inspection conclusion carried out in accordance with the provisions of this Law, the food producers and business operators may, within seven working days from the date of receiving the inspection conclusion, apply to the food and drug supervision and administration department that carried out the sampling inspection or the food and drug supervision and administration department at the next higher level for re-inspection, and the food and drug supervision and administration department that accepted the application for re-inspection will randomly determine the re-inspection institution from the published list of re-inspection institutions for re-inspection. The reinspection conclusion issued by the reinspection institution is the final inspection conclusion. The reinspection institution and the preliminary inspection institution shall not be the same institution. The list of re-inspection institutions is jointly published by the State Council Certification and Accreditation Administration, US Food and Drug Administration, health administration, agricultural administration and other departments.
Adopt the rapid detection method stipulated by the state to conduct spot checks on edible agricultural products. If the sampling object disagrees with the test results, it can apply for reinspection within four hours after receiving the test results. Rapid detection method shall not be adopted for reinspection.
Article 87 of the Food Safety Law: What are the violations of this law? Food safety law-legal application and legal responsibility
1, correctly grasp the relationship between food safety law and other relevant laws and regulations.
The Food Safety Law has established the basic principles and systems of food safety supervision in China at present and in the future, which has a guiding and normative role in other relevant laws and regulations, and the basic spirit of other relevant laws and regulations should be consistent with the Food Safety Law. For example, the Law on the Quality and Safety of Agricultural Products is a special law to regulate the quality and safety of agricultural products. In the field of agricultural product production and processing, if there are clear provisions in the Agricultural Product Quality and Safety Law, the Agricultural Product Quality and Safety Law shall apply; Where there are no provisions, the Food Safety Law shall apply. Another example is the Product Quality Law, which is a general law to standardize and strengthen product quality supervision and management and clarify product quality responsibility. Food safety law is a special law to regulate food safety. According to the principle that special law is superior to general law, food safety law should be applied to food safety supervision. Food safety management of dairy products, genetically modified food, pig slaughter, alcohol and so on. If there are other provisions in laws and regulations, those provisions shall prevail; Where there are no provisions, the Food Safety Law shall apply.
2. Correctly grasp the relationship between comprehensive coordination and subsection supervision.
Food safety supervision is a complex system engineering, and comprehensive coordination and subsection supervision are dialectical unity. On the one hand, without strong comprehensive coordination and lack of linkage of departmental supervision, it is difficult to form a joint force of supervision, and specific supervision will be absent, misplaced and offside, which will easily bury potential safety hazards. The comprehensive coordination department should ensure the continuity and unity of food safety work in accordance with the six responsibilities entrusted by the food safety law and the actual supervision of each link, so that all departments can form a joint force and continuously consolidate the achievements of food safety work. On the other hand, there is no subsection supervision with clear responsibilities, which can not adapt to the regulatory characteristics of long food safety regulatory chain and many regulatory resources, can not effectively mobilize the enthusiasm of various departments, can not form a joint force to deal with many complex problems, and easily lead to poor supervision. Therefore, the regulatory authorities should not only clarify their responsibilities and clarify their thinking according to the division requirements of the Food Safety Law, but also strengthen food safety supervision in the responsibility link. Under the unified coordination of comprehensive departments, give full play to their respective regulatory advantages and strive to ensure the same goal of food safety.
3. Correctly grasp the relationship between the overall responsibility of local authorities and the respective responsibilities of regulatory authorities.
The Food Safety Law establishes the system that local people at or above the county level are uniformly responsible for food safety in their respective administrative areas, with the purpose of strengthening the territorial responsibility of local people, strengthening the leadership over food safety supervision and overcoming the interference of local protection on food safety supervision. Food safety supervision departments at or above the county level shall, in accordance with their respective division of responsibilities, exercise their functions and assume responsibilities according to law, highlight their respective supervision functions, and establish and improve a responsibility system with consistent powers and responsibilities. The overall responsibility of the local authorities and the respective responsibilities of the regulatory authorities are highly unified and complementary, which requires all levels to regard food safety as an important task of local economic and social development, support the regulatory authorities to correctly perform their duties, and create a good law enforcement environment; It also requires all regulatory departments to perform their duties, cooperate closely, have their responsibilities in place, and connect with each other to form a complete regulatory chain and accountability system.
4. Correctly grasp the relationship between the first responsible person of food producers and operators and the accountability of * * * administrative supervision.
The Food Safety Law clarifies the legal obligations of food producers and operators as the first person responsible for ensuring food safety, regulates food production and operation behaviors more strictly, and urges food producers to engage in production and operation activities in accordance with laws, regulations and food safety standards, pay attention to quality, service, reputation and self-discipline in food production and operation activities, be responsible to the society and the public, ensure food safety, accept social supervision and assume social responsibilities. This system goes hand in hand with the accountability system of administrative supervision, forming a scientific, reasonable and well-defined complete legal responsibility system, which provides a strong institutional guarantee for investigating food safety responsibility and compensating victims of food safety problems.
Penalty measures in Article 84 of the Food Safety Law:
Eighty-fourth confiscation of illegal income, illegal production and operation of food, food additives and tools, equipment, raw materials and other items used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.
Article 86 of the Regulations on Punishment of the Food Safety Law Article 86 of the Food Safety Law "In violation of the provisions of this Law, in any of the following circumstances, the relevant competent departments shall, in accordance with the division of responsibilities, confiscate the illegal income, the food illegally produced and operated, and the tools, equipment, raw materials and other items used for illegal production and operation; If the value of food illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of more than two times and less than five times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to stop production or business until the license is revoked: (1) Dealing in food contaminated by packaging materials, containers, means of transport, etc. ; (two) the production and operation of unlabeled prepackaged foods, food additives or food and food additives whose labels and instructions do not conform to the provisions of this law; (4) Food producers and operators add drugs to food.
Articles 85 and 86 of the Food Safety Law are about your understanding and punishment of the content and significance of * * *.
The second paragraph of article 85 is actually unqualified food, all of which exceed the standard; Article 86 Anyone who violates the provisions of this Law in any of the following circumstances shall be dealt with by the relevant competent departments according to their respective responsibilities. ...
The Food Law is written like this because the production field is under the control of the quality supervision department and the circulation field is under the control of the industrial and commercial department. This paper aims at these two companies. The Trade and Industry Bureau is responsible for the circulation field, and sales is a business activity, so it is necessary to deal with the food in the circulation field. You may feel wronged. Your way out is to find your supplier, and this cost should be compensated by the supplier. Because you have the legal obligation to establish the system of incoming goods acceptance, you must retain the qualification of suppliers and claim compensation from them if there is any problem. You got it?
The industrial and commercial bureau has no testing right and will definitely entrust a third party to test. The qs label indicates that the manufacturer has a production license, which does not mean that the products produced must be qualified. The Food Safety Law stipulates that if the value of goods is less than 10,000, a fine of 2,000-50,000 will be imposed, and the illegally operated food and illegal income will be confiscated. Depending on the level of different regions, this quantity is no problem. As for tracing the manufacturer upstairs, it is a matter for the quality supervision department, and the industry and commerce can give a clue at most. For reference.
How to Punish Violation of Article 50 of the Food Safety Law Article 50 of the Food Safety Law stipulates two aspects: First, the use of safe food raw materials. Second, establish a record system. Anyone who violates the first paragraph and meets the fourth situation of Article 125 of the Food Safety Law shall bear legal liability in accordance with the provisions of Article 125. Those who violate the second paragraph and meet the third paragraph of Article 126 of the Food Safety Law shall bear legal liability in accordance with Article 126 of the Food Safety Law.
Article 50 When purchasing food raw materials, food additives and food-related products, food producers shall check the supplier's license and product qualification certificate; Food raw materials that cannot provide qualified certificates shall be inspected in accordance with food safety standards; It is forbidden to purchase and use food raw materials, food additives and food-related products that do not meet food safety standards.
Food production enterprises shall establish a record system for incoming inspection of food raw materials, food additives and food-related products, truthfully record the name, specification, quantity, production date or production batch number, shelf life, purchase date, supplier name, address and contact information, and keep relevant vouchers. The storage period of records and vouchers shall not be less than six months after the expiration of the product shelf life; If there is no clear shelf life, the shelf life shall not be less than two years.
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 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 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, 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 check 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 in accordance with the regulations;
(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 operate effectively according to the regulations, 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.
What kind of administrative punishment can be given for violating the Food Safety Law? Those who violate the provisions of the Food Safety Law of People's Republic of China (PRC) shall bear civil liability for compensation and pay fines and penalties. If its property is insufficient to pay at the same time, it shall bear civil liability for compensation first.
Article 97 of the Food Safety Law
Anyone who violates the provisions of this law shall bear civil liability for compensation and pay fines and penalties. If its property is insufficient to pay at the same time, it shall bear civil liability for compensation first.