The penalties for violating food safety laws and regulations are as follows:
1. Producing and operating food that does not meet hygienic standards, causing serious food poisoning accidents or serious food-borne diseases, which is harmful to human health Those who cause serious harm or mix toxic and harmful non-food raw materials into the food produced and traded will be investigated for criminal responsibility in accordance with the law.
2. If health licenses are issued to producers and operators who do not meet the conditions, administrative sanctions will be imposed on those directly responsible.
3. Anyone who accepts bribes and constitutes a crime shall be held criminally responsible in accordance with the law.
4. If food hygiene supervision and management personnel abuse their power, neglect their duties, engage in malpractice for personal gain, and cause major accidents, which constitute a crime, they will be investigated for criminal responsibility in accordance with the law. If it does not constitute a crime, they will be given administrative sanctions in accordance with the law.
5. Anyone who uses violence or threats to prevent food hygiene supervision and management personnel from performing their duties in accordance with the law shall be investigated for criminal responsibility in accordance with the law.
Food Safety Law of the People's Republic of China
Article 122 Anyone who violates the provisions of this law and engages in food production and trading activities without obtaining a food production and trading license, or fails to obtain a food production and trading license If an additive production license is used to engage in food additive production activities, the food safety supervision and management department of the people's government at or above the county level shall confiscate illegal income, food additives, tools, equipment, raw materials and other items used for illegal production and operation; illegally produced and operated food, food If the value of the additive is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan will be imposed; if the value of the additive is more than 10,000 yuan, a fine of not less than 10 times but not more than 20 times of the value will be imposed.
Whoever knowingly commits an illegal act as stipulated in the preceding paragraph but still provides production and business premises or other conditions shall be ordered by the food safety supervision and administration department of the people's government at or above the county level to stop the illegal act, the illegal gains shall be confiscated, and a fine of RMB 50,000 shall be imposed. A fine of not less than RMB 100,000 but not more than RMB 100,000 shall be imposed; if the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers and operators of food and food additives.
Article 123. If any violation of the provisions of this Law occurs under any of the following circumstances, which does not constitute a crime, the illegal income and illegal production and operation shall be confiscated by the food safety supervision and administration department of the people's government at or above the county level. For food, tools, equipment, raw materials and other items used in illegal production and operation may also be confiscated; if the value of illegally produced and operated 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 less than 10,000 yuan, If the amount exceeds 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; if the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible persons may be fined not less than 5 days but not more than 15 days by the public security organ. Detention:
(1) Using non-food raw materials to produce food, 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;< /p>
(2) Produce and operate main and supplementary foods specially intended for infants and young children and other specific groups of people whose nutritional content does not meet food safety standards;
(3) Produce and operate deaths due to illness, poisoning or unknown causes of death The meat of poultry, livestock, beasts and aquatic animals, or the production and operation of their products;
(4) The operation of meat that has not been quarantined or failed to pass the quarantine, or the production and operation of meat without inspection or inspection Meat products that fail inspections;
(5) Producing and trading food prohibited by the state for special needs such as disease prevention;
(6) Producing and trading food containing drugs.
Whoever knowingly commits an illegal act as stipulated in the preceding paragraph but still provides a production and operation site or other conditions shall be ordered by the food safety supervision and administration department of the people's government at or above the county level to stop the illegal act, the illegal gains shall be confiscated, and a fine of 100,000 shall be imposed. A fine of not less than RMB 200,000 but not more than RMB 200,000 shall be imposed; if the legitimate rights and interests of consumers are harmed, they shall bear joint and several liability with the food producers and operators. Anyone who illegally uses highly toxic or toxic pesticides may be detained by the public security organs in accordance with the provisions of paragraph 1, in addition to being punished in accordance with relevant laws and regulations.
Article 127: Penalties for illegal acts by small food production and processing workshops and food vendors 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 a food safety incident occurs in violation of the provisions of this Law and the incident unit fails to handle or report the incident, the relevant competent authorities shall, in accordance with their respective division of responsibilities, order corrections and give warnings; concealment Anyone who forges or destroys relevant evidence will be ordered to suspend production and business, his illegal gains will be confiscated, and he will be fined not less than RMB 100,000 but not more than RMB 500,000; if serious consequences are caused, his license will be revoked.
Article 149 Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.
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Legal basis: "Food Safety Law of the People's Republic of China"
Article 122 Violates the provisions of this law and engages in food production and trading activities without obtaining a food production and trading license , or who engages in food additive production activities without obtaining a food additive production license, the food safety supervision and administration department of the people's government at or above the county level shall confiscate illegal income, food additives, tools, equipment, raw materials and other items used for illegal production and operation; illegal production If the value of the food or food additives sold is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan will be imposed; if the value of the goods exceeds 10,000 yuan, a fine of not less than 10 times but not more than 20 times of the value of the goods will be imposed.
Whoever knowingly commits an illegal act as stipulated in the preceding paragraph but still provides a production and operation site or other conditions shall be ordered by the food safety supervision and administration department of the people's government at or above the county level to stop the illegal act, the illegal income shall be confiscated, and a fine of 50,000 shall be imposed. A fine of not less than RMB 100,000 but not more than RMB 100,000 shall be imposed; if the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers and operators of food and food additives.
Article 123. If any violation of the provisions of this Law occurs under any of the following circumstances, which does not constitute a crime, the illegal income and illegal production and operation shall be confiscated by the food safety supervision and administration department of the people's government at or above the county level. For food, tools, equipment, raw materials and other items used in illegal production and operation may also be confiscated; if the value of illegally produced and operated 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 less than 10,000 yuan, If the amount exceeds 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; if the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible persons may be fined not less than 5 days but not more than 15 days by the public security organ. Detention:
(1) Using non-food raw materials to produce food, 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;< /p>
(2) Produce and operate main and supplementary foods specially intended for infants and young children and other specific groups of people whose nutritional content does not meet food safety standards;
(3) Produce and operate deaths due to illness, poisoning or unknown causes of death The meat of poultry, livestock, beasts, and aquatic animals, or the production and operation of their products;
(4) The operation of meat that has not been quarantined or failed to pass the quarantine, or the production and operation of meat without inspection or inspection Meat products that fail inspections;
(5) Producing and trading food prohibited by the state for special needs such as disease prevention;
(6) Producing and trading food containing drugs.
Whoever knowingly commits an illegal act as stipulated in the preceding paragraph but still provides a production and operation site or other conditions shall be ordered by the food safety supervision and administration department of the people's government at or above the county level to stop the illegal act, the illegal gains shall be confiscated, and a fine of 100,000 shall be imposed. A fine of not less than RMB 200,000 but not more than RMB 200,000 shall be imposed; if the legitimate rights and interests of consumers are harmed, they shall bear joint and several liability with the food producers and traders. Anyone who illegally uses highly toxic or toxic pesticides may be detained by the public security organs in accordance with the provisions of paragraph 1, in addition to being punished in accordance with relevant laws and regulations.
Article 127: Penalties for illegal acts by small food production and processing workshops and food vendors 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 a food safety incident occurs in violation of the provisions of this Law and the accident unit fails to handle or report the incident, the relevant competent authorities shall, in accordance with their respective division of responsibilities, order corrections and give warnings; conceal Anyone who forges or destroys relevant evidence will be ordered to suspend production and business, his illegal gains will be confiscated, and he will be fined not less than RMB 100,000 but not more than RMB 500,000; if serious consequences are caused, his license will be revoked.
Article 149 Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.