Decision on Administrative Penalties of the Market Supervision Administration of MaAnshan City (Ma Anshan Zhongga Bilingual School operates food products that use food additives beyond the scope)

MaAnshan City Market Supervision Administration Administrative Penalty Decision Ma City Supervision and Inspection Penalty Letter (2020) No. 1266 Party: Ma Anshan Zhong plus bilingual school main qualification certificate name: private non-enterprise unit registration certificate unified social credit code (registration number): 52340500748906371A residence (address): Ma Anshan City Ma to Road 88 legal representative (responsible person, operator): Zhu Chuanhai Contact Address: September 2, 2020, law enforcement officials on-site inspection of maanshan Zhongga bilingual school canteen, in your unit processing operation site found food additives "sweet bubble powder" (name: compound puffing agent, specifications: 50g / bag, manufacturer: Guilin Red Star Chemical Co., Ltd., ingredients: aluminum sulfate potassium, aluminum content: ≤4.90%) bag 1 bag.
, law enforcement officials on the scene to access the "food additives use record book", found that there is a use of "sweet bubble powder" records.
law enforcement officers on the scene to seize the above-mentioned products.
according to GB 2760-2014 Appendix A aluminum sulfate potassium (a.g. potassium alum), ammonium sulfate (a.g. ammonium ammonium alum), the food additive shall not be used in fermented noodle products.
3, 2020, the Bureau determined that two law enforcement officials had opened a case to investigate the case.
September 21, 2020, law enforcement officials questioned Wang Qiang, head of the second canteen catering company of Zhongga Bilingual School in Ma'anshan, and learned that your unit used a total of 7 "sweet bubble powders" from August 26, 2020 to September 2, 2020, with a total usage of 2 5g, for 50 catties of flour, each time the production of 550 or so vegetarian bags, a total of 3850 vegetarian bags, vegetarian bags sold for 1 yuan / one, the cost price of 0.27 yuan / each, so the value of the case 3850 yuan, illegal income of 2810.5 yuan.
The above facts, mainly have the following evidence: 1.September 2, 2020 on-site inspection transcript, "sweet bubble powder" 1 bag, "food additives use record" copy of a copy, to prove the source of the case and the facts of the violation objective and accurate identification.
2. A copy of ma'anshan's bilingual school's Registration Certificate for Private Non-Enterprise Units (Unified Social Credit Code: 52340500748906371A) and a copy of the legal representative Zhu Chuanhai's identity card prove the evidence of the subject of the violation.
3.2020 September 8, 2020 Ma Anshan Zhongga bilingual school second canteen catering company head Wang Qiang "inquiry transcript" a copy of the legal person's power of attorney, Wang Qiang ID card copy, formula table a copy, to prove the parties to the illegal facts of the confession.
4. Price list picture one, cost accounting table one, to prove the value of the goods in this case and illegal income determination.
. A fact-teller documenting the corrective measures and requests for mitigation of the penalties taken by the parties on their own initiative.
bureau served the notice of administrative punishment directly to your unit on October 14, 2020, and your unit did not exercise its right to state and defend within the statutory time limit.
Your unit's conduct in operating food products that use food additives beyond the scope violates Article 34 ( 1) ( 4) of the Food Safety Law of the People's Republic of China: "The following food products, food additives and food-related products are prohibited from production and operation: (4) food products that use food additives beyond the scope and in the limit;"
the value of the case was 3,850 yuan, less than 4,000 yuan.
If it complies with Article 3 (1) of the "Benchmark of Administrative Penalty For Market Supervision and Administration in Anhui Province", "If it meets one of the following circumstances, it shall be punished with a fine of between 50,000 yuan and 70,000 yuan: (1) if the value of the food and food additives involved is less than 4,000 yuan;"
According to Article 124 (1) (3) of the Food Safety Law of the People's Republic of China: "If, in violation of the provisions of this Law, one of the following circumstances does not constitute a crime, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal proceeds and illegal production and operation of food, food additives, and may confiscate the tools, equipment, raw materials and other articles used in illegal production and operation; The following fines; if the value of the goods is more than 10,000 yuan, and if the value of the goods is more than ten times the value of the goods, a fine of less than 20 times the value of the goods; if the circumstances are serious, the license shall be revoked: (3) the production and operation of food products that exceed the scope and use of food additives in an over-limit;
your unit shall, within 15 days from the date of receipt of this decision on administrative punishment, pay the penalty money to the Anhui Provincial Government Non-tax Income Bank.
who fails to pay a fine within the time of payment, in accordance with the provisions of Article 51 of the Administrative Penalty Law of the People's Republic of China, this Council shall add a fine to 3% of the amount of the fine on a daily basis and will apply to the people's court for enforcement in accordance with the law.
If your unit does not accept this penalty decision, it may apply to the Anhui Provincial Market Supervision Administration or the Maanshan Municipal People's Government for administrative reconsideration within 60 days from the date of receipt of this decision on administrative punishment, or it may file an administrative lawsuit with the Yushan People's Court of Maanshan City within 6 months in accordance with the law.
administrative punishment shall not be suspended during the period when an administrative review is applied for or administrative proceedings are initiated.
Market Supervision Administration of Ma'anshan City, China, October 20, 2020