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Collection! Summary of penalties for 65 food safety violations

 Last Update: 2022-09-23
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The penalties for food safety violations are based on a brief table

Offence

Breach of Terms

Penalty clauses

Penalty content

remark

Article 35, Paragraph 1

Article 122, Paragraph 1

The food safety supervision and management departments of the people's governments at or above the county level shall confiscate the illegal gains and illegally produced and traded food, food additives, tools, equipment, raw materials and other items used in illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; Where the value of the goods is more than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed

Sale of edible agricultural products without a permit; Specific management measures for small food production and processing workshops and food vendors shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government

Article 39, Paragraph 1

Article 122, Paragraph 1

Food safety supervision and management department

Article 122, Paragraph 2

The food safety supervision and management department of the people's government at or above the county level shall order the illegal act to cease, confiscate the illegal gains, and impose a fine

Food safety supervision and management department

Article 34(a).

Article 123, paragraph 1(a).

The food safety supervision and management departments of people's governments at the county level or above shall confiscate illegal gains and food produced and traded in violation of the law, and may confiscate tools, equipment, raw materials and other items used in illegal production and operation; Where the value of food produced or traded in violation of the law is less than 10,000 yuan, a fine of between 100,000 and 150,000 yuan shall be imposed; Where the value of the goods is more than 10,000 yuan, a fine of not less than 15 times but not more than 30 times the value of the goods shall be imposed; Where the circumstances are serious, the license is revoked, and the public security organs may impose detention for between 5 and 15 days on the persons directly in charge and other persons who are directly responsible

Food safety supervision and management department

Public security organs

Article 34(5).

Article 123, paragraph 1(2).

Article 34(7).

Article 123, paragraph 1(3).

Article 34(8).

Article 123, paragraph 1(4).

8.
Produce and trade food that is expressly prohibited from being produced and traded by the state for special needs such as disease prevention

Article 34(12).

Article 123, paragraph 1(5).

Food safety supervision and management department

Public security organs

9.
Produce and trade food with added drugs

Article 38

Article 123, paragraph 1,(6).

10.
Knowingly engaging in the illegal conduct provided for in the first paragraph of Article 123, but still providing them with production and business premises or other conditions

Paragraph 2 of Article 123

The food safety supervision and management department of the people's government at or above the county level shall order the illegal act to cease, confiscate the illegal gains, and impose a fine of between 100,000 and 200,000 yuan

Food safety supervision and management department

11.
Illegal use of highly toxic or highly toxic pesticides

Article 49, Paragraph 1

Paragraph 3 of Article 123

The public security organs are to impose detention for between 5 and 15 days for those who are directly in charge and other persons who are directly responsible

Penalties shall also be imposed in accordance with relevant laws and regulations

12.
Produce and operate pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other polluting substances and other substances that endanger human health in excess of food safety standards and food additives

Article 34(2).

Article 124, paragraph 1(a).

The food safety supervision and management departments of the people's governments at the county level or above shall confiscate the illegal gains and food and food additives illegally produced and traded, and may confiscate the tools, equipment, raw materials and other articles used in illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; Where the value of the goods is more than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked

Food safety supervision and management department

13.
Produce food or food additives with food raw materials and food additives that have exceeded the shelf life, or operate the above-mentioned foods and food additives

Article 34(3).

Article 124, paragraph 1(2).

14.
Produce and operate food that exceeds the scope and limit of food additives

Article 34(4).

Article 124, paragraph 1,(3).

15.
Produce and operate food and food additives with spoilage, rancid grease, mildew, unclean, mixed with foreign bodies, adulterated or abnormal sensory characteristics

Article 34(6).

Article 124, paragraph 1(4).

16.
Production and operation of food and food additives marked with false production dates, shelf life or exceeding the shelf life

Article 34(10).

Article 124,1(5).

Food safety supervision and management department

17.
Produce and operate health foods, formula foods for special medical purposes, and infant formula milk powder that are not registered in accordance with regulations, or organize production according to technical requirements such as registered product formulas and production processes

Article 76

Article 80

Article 81, Paragraph 4

Article 82, Paragraph 3

Article 124, paragraph 1(6).

18.
Produce infant formula milk powder in the form of sub-packing, or the same enterprise produces different brands of infant formula milk powder with the same formula

Article 81, Paragraph 5

Article 124, paragraph 1,(7).

19.
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

Article 37

Article 40, Paragraph 1

Article 124, paragraph 1(8).

20.
Food producers and traders still refuse to recall or stop business after the food safety supervision and management department orders them to recall or stop business

Article 63, paragraph 5

Article 124, paragraph 1(9).

21.
Except as provided in the preceding paragraph and articles 123 and 125 of this Law, the production and operation of food and food additives that do not conform to laws, regulations or food safety standards

Article 34(13).

Paragraph 2 of Article 124

22.
Produce new varieties of food-related products, fail to pass the safety assessment, or produce food-related products that do not meet food safety standards

Article <>

Article 41

Paragraph 3 of Article 124

Confiscate illegal gains and food and food additives that are illegally produced and traded, and may confiscate tools, equipment, raw materials and other items used in illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; Where the value of the goods is more than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked

The food safety supervision and management departments of the people's governments at or above the county level shall give penalties in accordance with the provisions of the first paragraph

23.
Produce and operate food and food additives contaminated by packaging materials, containers, means of transport, etc

Article 34(9).

Article 125,1(a).

The food safety supervision and management departments of the people's governments at the county level or above shall confiscate the illegal gains and food and food additives illegally produced and traded, and may confiscate the tools, equipment, raw materials and other articles used in illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 5,000 and 50,000 yuan shall be imposed; Where the value of the goods is more than 10,000 yuan, a fine of not less than five times but not more than ten times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to stop production and business until the license is revoked

Food safety supervision and management department

24.
Produce and trade unlabeled prepackaged foods, food additives, or foods and food additives whose labels and instructions do not conform to the provisions of this Law

Article 34(11).

Article 67

Article 68

Article 70

Article 71

Article 97

Article 125, paragraph 1(2).

25.
The production and operation of genetically modified foods are not marked in accordance with regulations

Article 69

Article 125, paragraph 1(3).

26.
Food producers and traders purchase or use food raw materials, food additives, and food-related products that do not meet food safety standards

Article 50,1

Article 53

Article 55

Article 60

Article 125, paragraph 1(4).

27.
The labels and instructions of the food and food additives produced and traded are defective but do not affect food safety and will not mislead consumers

Article 125,2

The food safety supervision and management department of the people's government at or above the county level shall order corrections; Those who refuse to make corrections shall be fined not more than 2,000 yuan

Food safety supervision and management department

28.
Producers of food and food additives fail to inspect the purchased food raw materials and the food and food additives produced in accordance with the regulations

Article <>,<>

Article 52

Article 126, paragraph 1(a).

The food safety supervision and management department of the people's government at or above the county level shall order corrections and give a warning; Those who refuse to make corrections shall be fined between 5,000 and 50,000 yuan; If the circumstances are serious, it shall be ordered to stop production and business until the license is revoked

Food safety supervision and management department

29.
Food production and trading enterprises have not established a food safety management system in accordance with regulations, or have not equipped or trained or assessed food safety management personnel in accordance with regulations

Article 44

Article 126, paragraph 1(2).

30.
Producers and traders of food and food additives have not inspected the license and relevant certification documents when purchasing goods, or have not established and complied with the purchase inspection records, factory inspection records and sales record systems in accordance with regulations

Article 50

Article 51

Article <>

Article 126, paragraph 1(3).

Food safety supervision and management department

31.
Food production and trading enterprises have not formulated a food safety accident disposal plan

Paragraph 4 of Article 102

Article 126, paragraph 1(4).

32.
Tableware, drinking utensils and containers containing food for direct consumption have not been washed, disinfected or cleaned and disinfected before use, or catering service facilities and equipment have not been regularly maintained, cleaned and verified according to regulations

Article 33,1(5).

Article 56

Article 126, paragraph 1(5).

33.
Food producers and traders arrange for personnel who have not obtained health certificates or who suffer from diseases that hinder food safety as stipulated by the health administrative department under the State Council to engage in work of contacting food for direct consumption

Article 45

Article 126, paragraph 1,(6).

34.
Food business operators fail to sell food in accordance with the requirements of the regulations

Article 33,1(8).

Article 72

Article 126, paragraph 1(7).

35.
Health food production enterprises have not filed with the food safety supervision and management department in accordance with the regulations, or have not organized production according to the technical requirements such as product formulas and production processes for the record

Article <>

Article <>, Paragraph <>

Article 126, paragraph 1,(8).

36.
Infant formula food production enterprises have not filed food raw materials, food additives, product formulas, labels, etc.
with the food safety supervision and management department

Article 81, Paragraph 3

Article 126, paragraph 1(9).

37.
Special food production enterprises have not established a production quality management system and operated effectively in accordance with the regulations, or have not submitted self-inspection reports regularly

Article 83

Article 126, paragraph 1(1) (10).

Food safety supervision and management department

38.
Food producers and traders have not regularly inspected and evaluated the food safety status, or the production and operation conditions have changed, and have not been dealt with in accordance with regulations

Article 47

Article 126, paragraph 1, subparagraph (11).

39.
Centralized dining units such as schools, childcare institutions, pension institutions, and construction sites have not fulfilled their food safety management responsibilities in accordance with regulations

Article 57

Article 126, paragraph 1,(12).

40.
Food production enterprises and catering service providers have not formulated and implemented production and operation process control requirements in accordance with regulations

Article 46

Article <>

Article 126, paragraph 1, subparagraph (13).

41.
Tableware and drinking utensils centralized disinfection service units violate the provisions of this Law by using water, using detergents or disinfectants, or the tableware and drinking utensils leaving the factory are not inspected in accordance with the regulations and are accompanied by a disinfection certificate, or the relevant contents are not marked on the independent packaging in accordance with the regulations

Article 58

Paragraph 2 of Article 126

Order corrections and give warnings; Those who refuse to make corrections shall be fined between 5,000 and 50,000 yuan; If the circumstances are serious, it shall be ordered to stop production and business until the license is revoked

The administrative department of health shall impose penalties in accordance with the provisions of the preceding paragraph

42.
The producer of food-related products fails to inspect the food-related products produced in accordance with regulations

Article <>

Article 126, Paragraph 3

The food safety supervision and management department shall give penalties in accordance with the provisions of the first paragraph

43.
Where sellers of edible agricultural products violate the provisions of Article 65 of this Law (Sellers of edible agricultural products shall establish a system for inspecting and recording the purchase of edible agricultural products, truthfully recording the name, quantity, date of purchase of edible agricultural products, as well as the name, address, contact information of suppliers, and other contents, and keep relevant certificates
.
) Records and vouchers shall be kept for a period of not less than six months)

Article 65

Article 126, Paragraph 4

Food safety supervision and management department

44.
In violation of the provisions of this Law, the accident unit fails to dispose of or report after the occurrence of a food safety accident

Paragraph 1 of Article 103

Article 128

The relevant competent departments shall, in accordance with their respective duties and division of labor, order corrections and give warnings; Where serious consequences are caused, the license shall be revoked
.

Relevant competent authorities

45.
Concealing, fabricating, or destroying relevant evidence

Paragraph 4 of Article 103

Article 128

Order the suspension of production and business, confiscate illegal gains, and impose a fine of between 100,000 and 500,000 yuan;

46.
Causing serious consequences

Article <>

Revoke the license

47.
Provide false materials and import food, food additives, and food-related products that do not meet China's national food safety standards

Article 92

Article 129, paragraph 1(a).

Article 124

Entry-exit inspection and quarantine authorities shall impose penalties in accordance with Article 124

48.
Importing food that does not yet have national food safety standards, failing to submit the implemented standards and reviewed by the health administrative department under the State Council, or importing food produced using new food raw materials or importing new varieties of food additives and new varieties of food-related products, and failing to pass the safety assessment

Article 93

Article 129, paragraph 1(2).

Article <>

49.
Export food without complying with the provisions of this Law

Article 99

Article 129, paragraph 1(3).

Article <>

50.
The importer refuses to recall the imported food in accordance with the provisions of this Law after the relevant competent department orders it to recall the imported food in accordance with the provisions of this Law

Paragraph 3 of Article 94

Article 129, paragraph 1(4).

Article <>

51.
In violation of the provisions of this Law, the importer has not established and complied with the import and sales record system for food and food additives, and the audit system for overseas exporters or production enterprises

Article 98

Paragraph 2 of Article 94

Paragraph 2 of Article 129

Article <>

52.
Violating the provisions of this Law, the operators of centralized trading markets, counter lessors, or organizers of trade fairs allow food business operators who have not obtained licenses in accordance with law to enter the market to sell food, or fail to perform inspections, reports, and other obligations

Article 61

Article 130,1

The food safety supervision and management department of the people's government at or above the county level shall order corrections, confiscate the illegal gains, and impose a fine of between 50,000 and 200,000 yuan; Where serious consequences are caused, the business shall be ordered to be suspended until the license is revoked by the department that originally issued the license

Food safety supervision and management department

The original licensing department

53.
Where the wholesale market for edible agricultural products violates the provisions of Article 64 of this Law (the wholesale market for edible agricultural products shall be equipped with inspection equipment and inspectors or entrust food inspection institutions that comply with the provisions of this Law to conduct sampling inspections of edible agricultural products entering the wholesale market for sale; If it is found that the food safety standards are not met, the seller shall be required to immediately stop the sale and report to the food safety supervision and management department)

Article 64

Article 130, Paragraph 2

Food safety supervision and management department

The original licensing department

54.
Violating the provisions of this Law, the third-party platform provider for online food trading fails to conduct real-name registration or review licenses for online food business operators, or fails to perform obligations such as reporting or stopping the provision of online trading platform services

Article 62

Article 131, Paragraph 1

Food safety supervision and management department

The original licensing department

55.
Violating the provisions of this Law by failing to store, transport, load and unload food as required

Article 33,1(6).

Article 33, Paragraph 2

Article 54

Article 132.
1

The food safety supervision and management departments of the people's governments at or above the county level shall order corrections and give warnings in accordance with their respective duties and division of labor; Those who refuse to make corrections shall be ordered to stop production and business, and shall be fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the license shall be revoked

Food safety supervision and management department

The original licensing department

56.
Violating the provisions of this Law by refusing, obstructing, or interfering with relevant departments, institutions, and their staff in carrying out food safety supervision and inspection, accident investigation and handling, risk monitoring, and risk assessment in accordance with law

Article 108

Article 133

The relevant competent departments shall, in accordance with their respective duties and division of labor, order the suspension of production and business, and impose a fine of not less than 2,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the license shall be revoked; Where violations of the administration of public security are constituted, the public security organs are to give administrative punishments
for public security in accordance with law.

Relevant competent authorities

Public security organs

57.
Food producers and traders who, in a cumulative total of three times in a year, are ordered to stop production and business, or have their licenses revoked, punished

Article 134.
0

The food safety supervision and management department shall order the suspension of production and business until the license is revoked

Food safety supervision and management department

58.
Food producers and traders employ personnel in violation of the provisions of paragraphs 1 and 2 of Article 135

Paragraph 3 of Article 135

The food safety supervision and management department of the people's government at or above the county level shall revoke the license

Food safety supervision and management department

59.
In violation of the provisions of this Law, technical institutions and technicians undertaking food safety risk monitoring and risk assessment work provide false monitoring and assessment information

Article 137

Where they have a professional qualification, the competent department that conferred their qualifications shall revoke the practice certificate

The competent authority that grants its qualifications

60.
In violation of the provisions of this Law, food inspection institutions or food inspection personnel issue false inspection reports

Article 85, Paragraph 2

Article 138, Paragraph 1

The competent department or institution that granted the qualification shall revoke the inspection qualification of the food inspection institution, confiscate the inspection fees collected, and impose a fine of not less than five times but not more than ten times the inspection fee, and if the inspection fee is less than 10,000 yuan, it shall also be fined between 50,000 and 100,000 yuan

The competent authority or institution that grants their qualifications

61.
In violation of the provisions of this Law, the certification body issued a false certification conclusion

Paragraph 1 of Article 139

The certification and accreditation supervision and management department shall confiscate the certification fees collected and impose a fine of not less than five times but not more than ten times the certification fee, and if the certification fee is less than 10,000 yuan, it shall also be fined between 50,000 yuan and 100,000 yuan; If the circumstances are serious, order the suspension of business until the approval documents of the certification body are revoked and announced to the public; The directly responsible supervisors and the certified personnel with direct responsibility shall be revoked from practicing their professional qualifications

Certification and accreditation of the supervision and management department

62.
In violation of the provisions of this Law, food safety supervision and management departments, food inspection agencies, food industry associations recommend food to consumers in advertising or other forms, and consumer organizations recommend food to consumers by collecting fees or other means of obtaining benefits,

Article 73, Paragraph 2

Paragraph 4 of Article 140

The relevant competent departments are to confiscate the illegal gains

Relevant competent authorities

63.
Where false publicity is made about food and the circumstances are serious, the food safety supervision and management department of the people's government at or above the provincial level decides to suspend the sale of the food and still sells the food

Paragraph 5 of Article 140

The food safety supervision and management departments of the people's governments at or above the county level shall confiscate the illegal gains and illegally sold food, and impose a fine of between 20,000 and 50,000 yuan

Food safety supervision and management department

64.
Fabricating or disseminating false food safety information in violation of the provisions of this Law constitutes an act of violating the administration of public security

Article 120

Paragraph 1 of Article 141

Public security organs are to give public security administrative penalties in accordance with law

Public security organs

65.
The media fabricates or disseminates false food safety information

Article 120

Paragraph 2 of Article 141

The relevant competent departments are to give punishments in accordance with law

Relevant competent authorities

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