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Tianjin Municipal Market Supervision and Administration Commission
Administrative penalty decision
Tianjin Municipal Supervision and Punishment (2021) No.
47
47
Party: Tianjin Weidingxuan foodmate.
net/tag_173.
html" class="zdbq" title="Catering-related food information" target="_blank">Catering Development Co.
, Ltd.
net/tag_173.
html" class="zdbq" title="Catering-related food information" target="_blank">Catering Development Co.
, Ltd.
Subject qualification certificate name: business license
Unified Social Credit Code (Registration Number): 91120104780327820T
Residence (Address): 36 Gulou North Street, Nankai District
Legal representative: Yang Yi
ID number: 1**************7
Contact number: 1*****0 Other contact methods:/
Contact address: Tianjin ******************
On March 9, 2021, law enforcement officers entered the foodmate.
net/tag_172.
html" class="zdbq" title="Restaurant-related food information" target="_blank">restaurant operated by the party to conduct an on-site foodmate.
net/tag_4658.
html" class="zdbq" title="Check relevant food information" target="_blank">inspection , and found 2 cans of unsealed prawn foodmate.
net/tag_1987.
html" class="zdbq" title="Shrimp paste related food information" target="_blank">paste in the grocery room ( foodmate.
net/tag_110.
html" class="zdbq" title="Food information related to shelf life" target="_blank">shelf life : 12 months; specification: 500 g/can; foodmate.
net/tag_1614.
html" class="zdbq" title="Food information related to production date" target="_blank">production date : 2020 January 23) has exceeded the shelf life.
The above-mentioned behavior of the parties meets the constitutive requirements of the catering business's failure to clean up the foodmate.
net/tag_3748.
html" class="zdbq" title="Food related food information" target="_blank">food that has exceeded the shelf life in a timely manner .
net/tag_172.
html" class="zdbq" title="Restaurant-related food information" target="_blank">restaurant operated by the party to conduct an on-site foodmate.
net/tag_4658.
html" class="zdbq" title="Check relevant food information" target="_blank">inspection , and found 2 cans of unsealed prawn foodmate.
net/tag_1987.
html" class="zdbq" title="Shrimp paste related food information" target="_blank">paste in the grocery room ( foodmate.
net/tag_110.
html" class="zdbq" title="Food information related to shelf life" target="_blank">shelf life : 12 months; specification: 500 g/can; foodmate.
net/tag_1614.
html" class="zdbq" title="Food information related to production date" target="_blank">production date : 2020 January 23) has exceeded the shelf life.
The above-mentioned behavior of the parties meets the constitutive requirements of the catering business's failure to clean up the foodmate.
net/tag_3748.
html" class="zdbq" title="Food related food information" target="_blank">food that has exceeded the shelf life in a timely manner .
The above facts are mainly proved by the following evidence:
1.
One copy of the business license of Tianjin Weidingxuan Catering Development Co.
, Ltd.
, one copy of the food business license, and one copy of the legal representative Yang Yi's ID card.
One copy of the business license of Tianjin Weidingxuan Catering Development Co.
, Ltd.
, one copy of the food business license, and one copy of the legal representative Yang Yi's ID card.
2.
1 copy of on-site inspection transcript and 3 copies of on-site inspection photos.
1 copy of on-site inspection transcript and 3 copies of on-site inspection photos.
3.
One copy of Zhao Linyan’s ID card, one power of attorney, and one transcript of Zhao Linyan’s inquiry.
One copy of Zhao Linyan’s ID card, one power of attorney, and one transcript of Zhao Linyan’s inquiry.
4.
One copy of the sales receipt, two copies of the business license, and two copies of the food business license.
One copy of the sales receipt, two copies of the business license, and two copies of the food business license.
5.
One copy of the decision on the implementation of administrative compulsory measures (including a list of properties), one copy of the delivery certificate, and one photo of the implementation of the compulsory measures.
One copy of the decision on the implementation of administrative compulsory measures (including a list of properties), one copy of the delivery certificate, and one photo of the implementation of the compulsory measures.
On April 1, 2021, law enforcement officers directly served the "Administrative Punishment Notice" (Jinshi Jianzhifang [2021] No.
42) to the party, and the party did not submit a statement or defense within the statutory time limit.
42) to the party, and the party did not submit a statement or defense within the statutory time limit.
The party’s behavior violated Article 54 Paragraph 1 of the foodmate.
net/show-186186.
html" target="_blank">Food Safety Law of the People’s Republic of China, “Food business operators shall store food in accordance with the requirements to ensure food safety, regularly check the stocked food, and promptly clean up spoiled or expired food” Regulations.
net/show-186186.
html" target="_blank">Food Safety Law of the People’s Republic of China, “Food business operators shall store food in accordance with the requirements to ensure food safety, regularly check the stocked food, and promptly clean up spoiled or expired food” Regulations.
According to Article 132 of the "Food Safety Law of the People's Republic of China", "Contrary to the provisions of this law, food storage, transportation, loading and unloading are not carried out as required, the food and drug supervision and administration departments of the people's government at or above the county level shall be responsible for the division of labor according to their respective duties.
Order to make corrections and give warnings; if they refuse to make corrections, they shall be ordered to suspend production and business, and a fine of 10,000 yuan to 50,000 yuan shall be imposed; if the circumstances are serious, the license shall be revoked.
” The parties’ failure to clean up the food that has exceeded the shelf life in time shall be ordered to be corrected.
The following administrative penalties shall be imposed on the parties:
Order to make corrections and give warnings; if they refuse to make corrections, they shall be ordered to suspend production and business, and a fine of 10,000 yuan to 50,000 yuan shall be imposed; if the circumstances are serious, the license shall be revoked.
” The parties’ failure to clean up the food that has exceeded the shelf life in time shall be ordered to be corrected.
The following administrative penalties shall be imposed on the parties:
1.
Give a warning.
Give a warning.
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.
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.
(seal)
April 8, 2021
(The market supervision and management department will publicize the administrative penalty decision information to the public in accordance with the law)
