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basic case
basic caseOn February 14, 2022, the law enforcement officers of the Bozhou Market Supervision and Administration Bureau inspected a certain hot pot restaurant in Bole City according to the law and found that the hot pot restaurant used 5 kinds of food raw materials beyond the expiration date, such as Dianyupin Shangjia chicken essence seasoning.
The amount is 1462.
17 yuan
.
Supervise and manage hot pot restaurants, check the shelf life of chicken essence, seasonings, and food raw materialsThe amount is 1462.
17 yuan
.
Legal Analysis
Legal AnalysisThe parties violated the first paragraph of Article 34 of the "Food Safety Law of the People's Republic of China", "It is prohibited to produce and trade the following foods, food additives, and food-related products: (3) Foods and food additives produced from food raw materials and food additives that have exceeded their expiration dates
.
” regulation, constitutes an illegal act of using food raw materials beyond the shelf life in the process of food business
.
food safety law food safety law.
” regulation, constitutes an illegal act of using food raw materials beyond the shelf life in the process of food business
.
Investigation and processing
Investigation and processingAccording to the first paragraph of Article 124 of the "Food Safety Law of the People's Republic of China", "In violation of the provisions of this law, if one of the following circumstances does not constitute a crime, the illegal production shall be confiscated by the food supervision and management department of the people's government at or above the county level.
Food, food additives, and tools, equipment, raw materials and other items used for illegal production and operation may be confiscated; if the value of illegal production and operation of food and food additives is less than 10,000 yuan, a fine of between 50,000 and 100,000 will be imposed.
If the value of the goods is more than 10,000 yuan, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked.
The above- mentioned foods and food additives
.
” The regulations stipulate that the parties are ordered to correct their illegal acts, and the parties will be given administrative penalties of confiscation of 5 kinds of food raw materials beyond the shelf life and a fine of 25,000 yuan
.
Food, food additives, and tools, equipment, raw materials and other items used for illegal production and operation may be confiscated; if the value of illegal production and operation of food and food additives is less than 10,000 yuan, a fine of between 50,000 and 100,000 will be imposed.
If the value of the goods is more than 10,000 yuan, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked.
The above- mentioned foods and food additives
.
” The regulations stipulate that the parties are ordered to correct their illegal acts, and the parties will be given administrative penalties of confiscation of 5 kinds of food raw materials beyond the shelf life and a fine of 25,000 yuan
.
Contribution | Regulatory Section
