The Qingxianjing Italian Creative Cuisine Restaurant (Fang Jidi) in Nankai District, Tianjin, which deals with foods that exceed the scope of food additives

Tianjin Municipal Market Supervision and Administration Commission

Administrative penalty decision

Tianjin Municipal Supervision and Punishment (2021) No.
112

 

Party: Qingxian Jingyi Creative Cuisine Restaurant in Nankai District, Tianjin (Fang Jidi)

 

Subject Qualification Certificate Name: Business License of Individual Industrial and Commercial Household

 

Unified social credit code (registration number): 92120104MA076MN29L

 

Residence (Address): 1st Floor, Jinze Hotel, 338 Nanjing Road, Nankai District, Tianjin

 

Legal representative (person in charge, operator): Fang Jidi

 

ID number: 12***18

 

Contact number: 1***0

 

Contact Address: 1st Floor, Jinze Hotel, 338 Nanjing Road, Nankai District, Tianjin

 

May 6, 2021, law enforcement officers check found in the kitchen had been opened "Top good Tim Choi" brand complex operation stage colorants ( sunset yellow color) of 2 bottles (250ml / bottle), bottle The label indicated that the scope of use was " fruit and vegetable juice (pulp) beverages ", but the parties used it for the production and sale of fine hairy blood, and law enforcement officers took administrative coercive measures to seize the above-mentioned compound colorants in accordance with the law
.
On May 6, 2021, the Japanese case was approved to be filed for investigation .
On the same day, the relevant personnel of the parties were inquired and a transcript of the inquiry was made, and the parties provided relevant evidence
.

 

According to investigations, from April 3, 2021 to May 6, 2021, the parties involved operated a total of 20 dishes that used the "Dinghaotianzhicai" brand compound colorant (sunset yellow) in excess of the scope
.
The above-mentioned conduct of the parties to meet business beyond the scope of use of food additives in food constituent elements
.
The value of the goods in this case was 2560 yuan, and the illegal income was 2560 yuan
.

 

The above facts are mainly proved by the following evidence:

 

1.
A copy of the party’s business license and a copy of the food business license, a copy of the operator’s ID card, a copy of the delegate’s ID card, and a power of attorney;

 

2.
On-site inspection photos, on-site transcripts, inquiry transcripts, cash register computer sales records, "Dinghaotianzhicai" brand compound colorant (sunset yellow) manufacturer's business license information query screenshot print and food production license information query screenshot Printed copy of "GB26687-2011 National Food Safety Standard General Rules for Compound Food Additives";

 

3.
The printout of the screenshot of the national enterprise credit information publicity system;

 

　　4.
Description of the value of goods and calculation of illegal income;

 

　　5.
Take the initiative to submit instructions and rectification instructions
.

 

　　Our committee directly served the "Administrative Punishment Hearing Notice" (Jinshi Jianzhi Hearing [2021] No.
94) to the parties on August 3, 2021, and the parties did not submit statements or defense opinions within the statutory time limit, and did not request to hold them.
Hearing
.

 

　　The actions of the parties violated Article 34(4) of the Food Safety Law of the People’s Republic of China , “It is forbidden to produce and sell the following foods, food additives, and food-related products: (4) Foods that use food additives beyond the scope and limit.
"requirement
.

 

　　Discretionary facts and reasons: During the investigation of the case, the parties actively cooperated with the investigation of the market supervision department, truthfully stated the illegal facts and proactively provided evidence materials, and after discovering that their actions were suspected of illegal activities, they proactively corrected the illegal acts and took the initiative Handed over the suspected illegal compound colorant (sunset yellow), conducted education and training for all staff, and provided specific rectification instructions
.
The behavior of the parties complies with the "Guiding Opinions of the State Administration for Market Regulation on Regulating Administrative Penalty Discretion for Market Supervision and Administration", "(7) Administrative Penalty Discretion
.
3.
In any of the following circumstances, administrative penalties may be lightened or mitigated according to law: ( 1) Actively cooperating with the investigation of the market supervision department, truthfully state the illegal facts and actively provide evidence materials" and Article 13 (5) of the "Tianjin Municipal Market and Quality Supervision and Administration Commission Administrative Punishment Discretion Application Rules" "The parties have the following circumstances In one case, the administrative penalty shall be lightened or mitigated in accordance with the law: (5) Actively cooperate with administrative organs in inspections, truthfully provide relevant account books, agreements, bills, documents, records, business letters and other materials, and actively correct illegal acts.
Mitigated punishment
.

 

　　In accordance with Article 124, Paragraph (3) of the Food Safety Law of the People’s Republic of China, “If one of the following circumstances violates the provisions of this law and does not constitute a crime, the food safety of the people’s government at or above the county level Supervision and management departments confiscate illegal income and illegal production and operation of food and food additives, and may confiscate tools, equipment, raw materials and other items used in illegal production and operation; where the value of illegal production and operation of food and food additives is less than 10,000 yuan, A fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of ten times to twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked: (3) Production and operation beyond the scope , Food with excessive use of food additives" and Article 32 (5) of the "Administrative Punishment Law of the People's Republic of China" "The party involved in one of the following circumstances shall be given a lighter or mitigated administrative penalty: (5) Laws and regulations , The rules stipulate that other administrative punishments should be lightened or mitigated" and Article 28 of the "Administrative Punishment Law of the People's Republic of China" stipulates that "when administrative agencies impose administrative punishments, they shall order the parties to correct or correct the illegal acts within a time limit.
" Correct the illegal act of operating foods that use food additives beyond the scope, and impose the following administrative penalties on the parties:

 

　　1.
Confiscated 2 bottles of "Dinghaotianzhicai" brand compound colorant (sunset yellow);

 

　　2.
Confiscate 2560 yuan of illegal income;

 

　　3.
A fine of 10,000 yuan
.

 

　　The parties shall pay the fine (forfeiture) to Industrial and Commercial Bank of China Tianjin Branch, Agricultural Bank of China Tianjin Branch, Bank of China Tianjin Branch, China Construction Bank Tianjin Branch, China Everbright Bank Tianjin Branch within 15 days from the date of receipt of this decision.
, Bank of Tianjin, Tianjin Branch of Zheshang Bank, and other municipal finance designated non-tax revenue collection banks to public branches
.
If the fine is not paid within the time limit, in accordance with the provisions of Article 72, Paragraph 1, Item (1) of the "Administrative Punishment Law of the People's Republic of China," an additional fine of 3% of the fine will be imposed every day, and an application will be applied to the people in accordance with the law.
Court enforcement
.

 

　　If you are dissatisfied with this administrative penalty decision, you can apply to the State Administration of Market Supervision and Administration or Tianjin Municipal People’s Government for administrative reconsideration within 60 days from the date of receipt of this decision, or you can apply to Tianjin Heping District People’s Court within six months according to law.
File an administrative lawsuit
.
During the period when an administrative reconsideration is applied for or an administrative lawsuit is filed, the execution of the administrative penalty shall not be suspended
.

 

　　Tianjin Municipal Market Supervision and Administration Commission

 

　　August 11, 2021

 

　　(The market supervision and management department will publicize the administrative penalty decision information to the public in accordance with the law)