+86 18186671616
Jason@cleanroomequips.com
Article 122 If anyone violates the provisions of this Law by engaging in food production and operation activities without obtaining a food production and operation license, or engaging in food additive production activities without obtaining a food additive production license, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and the illegally produced and operated food, food additives, and tools, equipment, raw materials and other items used for illegal production and operation; if the value of the illegally produced and operated food and food additives is less than RMB 10,000, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed; if the value of the goods is more than RMB 10,000, a fine of not less than 10 times but not more than 20 times the value shall be imposed. If anyone knowingly engages in the illegal acts specified in the preceding paragraph and still provides them with production and operation sites or other conditions, the food and drug supervision and administration department of the people's government at or above the county level shall order them to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than RMB 50,000 but not more than RMB 100,000; if the legitimate rights and interests of consumers are damaged, they shall bear joint and several liability with the food and food additive producers and operators.
Article 123 If any of the following circumstances occur in violation of the provisions of this Law, but it does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and illegally produced and sold food, and may confiscate the tools, equipment, raw materials and other items used for illegal production and operation; if the value of the illegally produced and sold food is less than 10,000 yuan, a fine of not less than 100,000 yuan but not more than 150,000 yuan shall be imposed; if the value of the food is more than 10,000 yuan, a fine of not less than 15 times but not more than 30 times the value of the food shall be imposed; if the circumstances are serious, the license shall be revoked, and the public security organs may detain the directly responsible supervisor and other directly responsible persons for not less than 5 days but not more than 15 days:
Using non-food raw materials to produce food, adding Adding chemical substances other than food additives and other substances that may harm human health, or using recycled food as raw materials to produce food, or operating the above-mentioned food:
Producing and operating main and auxiliary foods for infants and other specific groups whose nutritional ingredients do not meet food safety standards:
Operating meat of livestock, beasts, and aquatic animals that died of disease, poisoning, or unknown causes, or producing and operating their products;
Operating meat that has not been quarantined or has failed quarantine in accordance with regulations, or producing and operating meat products that have not been inspected or have failed inspection, and producing and operating foods that are expressly prohibited from production and operation by the state for special needs such as disease prevention
Producing and operating foods with added drugs.
If a person knowingly engages in the illegal acts specified in the preceding paragraph and still provides a production and operation site or other conditions for the person, the food and drug supervision and administration department of the people's government at or above the county level shall order the person to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than RMB 100,000 and not more than RMB 200,000; if the legitimate rights and interests of consumers are damaged, the person shall bear joint and several liability with the food producer and operator.
In addition to being punished in accordance with relevant laws and regulations, those who illegally use highly toxic and extremely toxic pesticides may be detained by the public security organs in accordance with the provisions of the first paragraph.
Article 124 If any of the following circumstances occurs in violation of the provisions of this Law, but it does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and the illegally produced and sold food and food additives, and may confiscate the tools, equipment, raw materials and other items used for illegal production and operation; if the value of the illegally produced and sold 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 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.
Producing and selling food and food additives that contain pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants and other substances that endanger human health exceeding the limit of food safety standards;
Producing food and food additives with food raw materials and food additives that have exceeded the shelf life, or operating the above-mentioned food and food additives;
Producing and selling food and food additives that exceed the limit =Foods that contain food additives that exceed the limit:
Production and sale of food or food additives that are corrupt, rancid, poisonous, verminous, dirty, mixed with foreign matter, adulterated, or have abnormal sensory properties;
Production and sale of food or food additives that are marked with false production dates, shelf life, or have exceeded the shelf life;
Production and sale of Health foods, special medical purpose formula foods, and infant formula milk powder that have not been registered in accordance with regulations, or production that is not organized in accordance with the registered product formula, production process and other technical requirements:
Production of infant formula milk powder in a repackaging manner, or the same enterprise producing different brands of infant formula milk powder with the same formula;
Production of food using new food raw materials, or production of new varieties of food additives that have not passed safety assessments;
Food producers and operators still refuse to recall or stop operations after the food and drug supervision and administration department orders them to recall or stop operations. Except for the circumstances specified in the preceding paragraph and Articles 123 and 125 of this Law, if a person produces or sells food or food additives that do not comply with laws, regulations or food safety standards, he shall be punished in accordance with the provisions of the preceding paragraph.
If a person produces a new variety of food-related products that fails to pass the safety assessment or produces food-related products that do not comply with food safety standards, he shall be punished by the quality supervision department of the people's government at or above the county level in accordance with the provisions of the first paragraph.
Article 125 If any of the following circumstances occurs in violation of the provisions of this Law, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and the illegally produced and sold food and food additives, and may confiscate the tools, equipment, raw materials and other items used for illegal production and operation; if the value of the illegally produced and sold food and food additives is less than RMB 10,000, a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be imposed; if the value of the goods is more than RMB 10,000, 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, the person shall be ordered to suspend production and business, or even revoke the license.
Production and sale of food and food additives that are contaminated by packaging materials, containers, transportation vehicles, etc.;
Production and sale of unlabeled pre-packaged food and food additives or food and food additives whose labels and instructions do not comply with the provisions of this Law;
Production and sale of genetically modified foods that are not labeled in accordance with regulations;
Food producers and operators purchase or use food raw materials, food additives, and food-related products that do not meet food safety standards. If the labels and instructions of the food and food additives produced and sold have defects but do not affect food safety and will not mislead consumers, the food and drug supervision and administration department of the people's government at or above the county level shall order rectification: if rectification is refused, a fine of not more than 2,000 yuan shall be imposed.
Article 126 If any of the following circumstances occur in violation of the provisions of this Law, the food and drug supervision and administration department of the people's government at or above the county level shall order rectification and give a warning; if rectification is refused, a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be imposed; in serious cases, the production and business shall be suspended or the license shall be revoked:
The producer of food or food additives fails to inspect the purchased food raw materials and the produced food and food additives in accordance with the regulations;
The food production and operation enterprise fails to establish a food safety management system in accordance with the regulations, or fails to equip, train, and assess food safety management personnel in accordance with the regulations;
The producer and operator of food or food additives fails to check the license and relevant certification documents when purchasing goods, or fails to establish and comply with the purchase inspection record, factory inspection record and sales record system in accordance with the regulations;
The food production and operation enterprise fails to formulate a food safety accident handling plan;
Tableware, drinking utensils and containers for direct Containers for food that are not cleaned or disinfected before use, or the cleaning and disinfection are not up to standard, or catering service facilities and equipment are not regularly maintained, cleaned, or calibrated as required;
Food producers and operators arrange personnel who do not have a health certificate or suffer from diseases that are harmful to food safety as specified by the health administrative department of the State Council to engage in work that involves direct contact with food that is directly ingested:
Food operators fail to sell food in accordance with the requirements:
Health food production enterprises fail to register with the food and drug supervision and administration department as required, or fail to organize production in accordance with the registered product formula, production process and other technical requirements;
Infant formula food production enterprises fail to register food raw materials, food additives, product formulas, labels, etc. with the food and drug supervision and administration department;
Special food production enterprises fail to establish a production quality management system and operate it effectively as required, or fail to submit self-inspection reports regularly.
Food producers and operators fail to regularly inspect and evaluate food safety conditions, or fail to handle changes in production and operation conditions as required.
Schools, childcare institutions, nursing homes, construction sites and other centralized dining units fail to perform food safety management responsibilities as required.
Food production enterprises and catering service providers fail to formulate and implement production and operation process control requirements in accordance with regulations.
If the centralized disinfection service units for tableware and drinking utensils use water, detergents and disinfectants in violation of the provisions of this Law, or the tableware and drinking utensils shipped from the factory fail to pass the inspection and be accompanied by the disinfection certificate, or fail to mark the relevant content on the independent packaging in accordance with the provisions, the health administrative departments of the people's governments at or above the county level shall impose penalties in accordance with the provisions of the preceding paragraph. If the producers of food-related products fail to inspect the food-related products they produce in accordance with the regulations, the quality supervision departments of the people's governments at or above the county level shall impose penalties in accordance with the provisions of the first paragraph. If the sellers of edible agricultural products violate the provisions of Article 65 of this Law, the food and drug supervision and administration departments of the people's governments at or above the county level shall impose penalties in accordance with the provisions of the first paragraph.
Article 127 The penalties for illegal acts of small food production and processing workshops, food vendors, etc. shall be implemented in accordance with the specific management measures formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 128 If the accident unit fails to handle or report a food safety accident in violation of the provisions of this Law, the relevant competent departments shall order it to correct the problem and give it a warning in accordance with their respective duties and division of labor; if it conceals, forges or destroys relevant evidence, it shall be ordered to suspend production and business, confiscate illegal gains, and be fined not less than RMB 100,000 but not more than RMB 500,000; if it causes serious consequences, its license shall be revoked.
Article 129 If any of the following circumstances occurs in violation of the provisions of this Law, the entry-exit inspection and quarantine agency shall impose penalties in accordance with the provisions of Article 124 of this Law:
Providing false materials and importing food, food additives, and food-related products that do not meet my country's national food safety standards;
Importing food for which there is no national food safety standard, failing to submit the implemented standards and review by the health administrative department of the State Council, or importing food produced with new food raw materials or importing new varieties of food additives and new varieties of food-related products that fail to pass safety assessment;
Exporting food in violation of the provisions of this Law;
Importers still refuse to recall imported food after the relevant competent departments order them to recall it in accordance with the provisions of this Law.
If an importer fails to establish and comply with the food and food additive import and sales record system and the overseas exporter or production enterprise audit system in violation of the provisions of this Law, the entry-exit inspection and quarantine agency shall impose penalties in accordance with the provisions of Article 126 of this Law.
Article 130 If the operator of a centralized trading market, counter lessor, or exhibition organizer allows a food operator who has not obtained a license in accordance with the law to enter the market to sell food, or fails to perform inspection and reporting obligations in violation of the provisions of this Law, the food and drug supervision and administration department of the people's government at or above the county level shall order it to correct the violation, confiscate the illegal gains, and impose a fine of not less than RMB 50,000 and not more than RMB 200,000; if serious consequences are caused, it shall be ordered to suspend business until the license is revoked by the original issuing department; if the legitimate rights and interests of consumers are damaged, it shall bear joint and several liability with the food operator.
If the wholesale market of edible agricultural products violates the provisions of Article 64 of this Law, it shall bear the responsibility in accordance with the provisions of the preceding paragraph.
Article 131 If the third-party platform provider of online food transactions fails to register the real names of online food operators, examine the licenses, or fails to perform the obligations of reporting and stopping the provision of online transaction platform services in violation of the provisions of this Law, the food and drug supervision and administration department of the people's government at or above the county level shall order it to correct the violation, confiscate the illegal gains, and impose a fine of not less than RMB 50,000 and not more than RMB 200,000; if serious consequences are caused, it shall be ordered to suspend business until the license is revoked by the original issuing department; if the legitimate rights and interests of consumers are damaged, it shall bear joint and several liability with the food operator.
If consumers purchase food through a third-party platform for online food transactions and their legitimate rights and interests are damaged, they may demand compensation from the online food operator or food producer. If the third-party platform provider of online food transactions cannot provide the real name, address and effective contact information of the online food operator, the third-party platform provider of online food transactions shall compensate. After the third-party platform provider of online food transactions compensates, it has the right to seek compensation from the online food operator or food producer. If the third-party platform provider of online food transactions makes a promise that is more favorable to consumers, it shall fulfill its promise.
Article 132 Anyone who violates the provisions of this Law and fails to store, transport and load and unload food as required shall be ordered to make corrections and given a warning by the food and drug supervision and administration departments of the people's government at or above the county level in accordance with their respective responsibilities; if he refuses to make corrections, he shall be ordered to suspend production and business and be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; if the circumstances are serious, his license shall be revoked.
Article 133 Anyone who violates the provisions of this Law and refuses, obstructs or interferes with the 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 the law shall be ordered to suspend production and business by the relevant competent departments in accordance with their respective responsibilities and be fined not less than RMB 2,000 yuan but not more than RMB 50,000 yuan; if the circumstances are serious, his license shall be revoked; if it constitutes an act of violating public security management, the public security organs shall impose public security management penalties in accordance with the law. Anyone who violates the provisions of this Law and retaliates against the whistleblower by terminating or changing the labor contract or by other means shall bear responsibility in accordance with the relevant laws.
Article 134 If a food producer or operator is punished with suspension of production or business or revocation of license for violation of the provisions of this Law for three times within one year, the food and drug supervision and administration department shall order suspension of production or business until the license is revoked.
Article 135 A food producer or operator whose license has been revoked and its legal representative, directly responsible supervisor and other directly responsible persons shall not apply for food production and operation license, or engage in food production and operation management work, or serve as food safety management personnel of food production and operation enterprises within five years from the date of the penalty decision. Anyone who is sentenced to fixed-term imprisonment or above for food safety crimes shall not engage in food production and operation management work for life, nor shall he serve as food safety management personnel of food production and operation enterprises.
If a food producer or operator hires personnel in violation of the provisions of the first two paragraphs, the food and drug supervision and administration department of the people's government at or above the county level shall revoke the license.
Article 136 If a food operator has performed the obligations of purchasing inspection and other obligations stipulated in this Law, and has sufficient evidence to prove that he did not know that the food he purchased did not meet the food safety standards and can truthfully explain the source of his purchases, he may be exempted from punishment, but the food that does not meet the food safety standards shall be confiscated in accordance with the law; if personal, property or other damages are caused, he shall bear compensation liability in accordance with the law.
Article 137 If a technical institution or technician responsible for food safety risk monitoring and risk assessment provides false monitoring and assessment information in violation of the provisions of this Law, the supervisor and technician directly responsible for the technical institution shall be dismissed or expelled in accordance with the law; if they have professional qualifications, the competent department that grants them the qualifications shall revoke their professional certificates.
Article 138 If a food inspection institution or food inspection personnel issues a false inspection report in violation of the provisions of this Law, the competent department or institution that granted its qualifications 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. If the inspection fee is less than RMB 10,000, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed. The directly responsible supervisors and food inspection personnel of the food inspection institution shall be dismissed or expelled in accordance with the law. If a major food safety accident occurs, the directly responsible supervisors and food inspection personnel shall be expelled. Personnel of food inspection institutions who violate the provisions of this Law and are expelled shall not engage in food inspection work within ten years from the date of the decision on the punishment. Personnel of food inspection institutions who are criminally punished for food safety violations or are expelled for issuing false inspection reports that lead to major food safety accidents shall not engage in food inspection work for life. If a food inspection agency employs personnel who are not allowed to engage in food inspection work, the competent department or institution that granted its qualifications shall revoke the inspection qualification of the food inspection agency. If a food inspection agency issues a false inspection report, which damages the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and operator.
Article 139 If a certification agency issues a false certification conclusion in violation of the provisions of this Law, 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. If the certification fee 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 circumstances are serious, the agency shall be ordered to suspend business until the approval document of the certification agency is revoked and announced to the public; the professional qualifications of the directly responsible supervisor and the directly responsible certification personnel shall be revoked. If a certification agency issues a false certification conclusion, which damages the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and operator.
Article 140 If a certification agency violates the provisions of this Law, makes false propaganda about food in advertisements, deceives consumers, or publishes health food advertisements without obtaining approval documents or the content of the advertisements is inconsistent with the approval documents, it shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China. If advertising operators and publishers design, produce, and publish false food advertisements that damage the legitimate rights and interests of consumers, they shall bear joint and several liability with food producers and operators. If social groups or other organizations or individuals recommend food to consumers in false advertisements or other false propaganda that damage the legitimate rights and interests of consumers, they shall bear joint and several liability with food producers and operators.
If food and drug supervision and administration departments, food inspection agencies, food industry associations recommend food to consumers in advertising or other forms, or consumer organizations recommend food to consumers by charging fees or other profit-making methods in violation of the provisions of this Law, the relevant competent departments shall confiscate the illegal gains, and impose a serious warning, demotion or dismissal on the directly responsible supervisors and other directly responsible personnel in accordance with the law; if the circumstances are serious, they shall be expelled. If false propaganda is made on food and the circumstances are serious, the food and drug supervision and administration departments of the people's governments at or above the provincial level shall decide to suspend the sale of the food and announce it to the public; if the food is still sold, the food and drug supervision and administration 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 not less than 20,000 yuan but not more than 50,000 yuan.
Article 141. If anyone violates the provisions of this Law and fabricates or disseminates false food safety information, which constitutes an act of violating public security management, the public security organ shall impose public security management penalties in accordance with the law. If the media fabricates or disseminates false food safety information, the relevant competent department shall impose penalties in accordance with the law, and impose sanctions on the directly responsible supervisors and other directly responsible personnel; if the legitimate rights and interests of citizens, legal persons or other organizations are damaged, they shall bear civil liabilities such as eliminating the impact, restoring reputation, compensating for losses, and apologizing in accordance with the law.
Article 142 If a local people's government at or above the county level violates the provisions of this Law and commits any of the following acts, the directly responsible supervisor and other directly responsible persons shall be given a serious warning; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are serious, they shall be expelled; if serious consequences are caused, the main responsible person shall also resign:
Failure to promptly organize and coordinate relevant departments to effectively deal with food safety accidents occurring in the administrative region, causing adverse effects or losses;
Failure to promptly organize rectification of regional food safety issues involving multiple links in the administrative region, causing adverse effects or losses;
Concealing, falsely reporting, or delaying reporting of food safety accidents;
A particularly serious food safety accident occurs in the administrative region, or a series of serious food safety accidents occur.
Article 143 If a local people's government at or above the county level violates the provisions of this Law and commits any of the following acts, the directly responsible supervisor and other directly responsible persons shall be given a warning, a demerit or a serious demerit; if serious consequences are caused, they shall be demoted or dismissed:
Failure to determine the food safety supervision and management responsibilities of relevant departments, failure to establish and improve the whole-process supervision and management mechanism and information sharing mechanism for food safety, and failure to implement the food safety supervision and management responsibility system;
Failure to formulate an emergency plan for food safety accidents in the administrative area, or failure to immediately establish an accident handling command organization and activate the emergency plan in accordance with regulations after a food safety accident occurs.
Article 144 If the food and drug supervision and administration, health administration, quality supervision, agricultural administration and other departments of the people's government at or above the county level violate the provisions of this Law and commit any of the following acts, the directly responsible supervisors and other directly responsible persons shall be given a serious warning; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are serious, they shall be expelled; if serious consequences are caused, their main person in charge shall also resign:
Concealing, falsely reporting, or delaying reporting of food safety accidents;
Failing to investigate and deal with food safety accidents in accordance with regulations, or failing to handle food safety accident reports in a timely manner, causing the accidents to expand or spread;
Failing to take corresponding measures in a timely manner after the conclusion that food, food additives, and food-related products are unsafe through food safety risk assessment, causing food safety accidents or adverse social impacts;
Granting licenses to applicants who do not meet the requirements, or granting licenses beyond the statutory authority;
Failing to perform food safety supervision and management duties, resulting in food safety accidents.
Article 145 If the food and drug supervision and administration, health administration, quality supervision, agricultural administration and other departments of the people's government at or above the county level violate the provisions of this Law and cause adverse consequences by committing the following acts, the directly responsible supervisors and other directly responsible personnel shall be given warnings, demerits or serious demerits; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are serious, they shall be expelled:
After obtaining relevant food safety information, they fail to report to the superior competent department and the people's government at the same level as required, or fail to inform each other as required;
Fail to publish food safety information as required;
Fail to perform statutory duties, fail to cooperate in the investigation and punishment of food safety violations, or abuse power, neglect duties, or engage in malpractice for personal gain.
Article 146 If the food and drug supervision and administration, quality supervision and other departments illegally implement inspections, compulsory and other law enforcement measures in the process of performing food safety supervision and administration duties, causing losses to producers and operators, they shall be compensated according to law, and the directly responsible supervisors and other directly responsible personnel shall be punished according to law.
Article 147 Anyone who violates the provisions of this Law and causes personal injury, property damage or other damages shall bear the liability for compensation according to law. If the property of the producer or operator is insufficient to bear civil liability for compensation and pay fines at the same time, the civil liability for compensation shall be borne first.
Article 148 If a consumer is harmed by food that does not meet food safety standards, he or she may demand compensation for losses from the operator or the producer. The producer or operator who receives the claim for compensation from the consumer shall implement the first-responsibility system and pay compensation first, and shall not postpone it: if it is the producer's fault, the operator shall have the right to seek compensation from the producer after compensation; if it is the operator's fault, the producer shall have the right to seek compensation from the operator after compensation. If a consumer produces food that does not meet food safety standards or operates food that is known to be non-compliant with food safety standards, in addition to demanding compensation for losses, he or she may also demand compensation of ten times the price or three times the loss from the producer or operator; if the amount of additional compensation is less than one thousand yuan, it shall be one thousand yuan. However, this does not apply to defects in food labels and instructions that do not affect food safety and will not mislead consumers.
Article 149 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal liability in accordance with the law.
