Rush on the hot search!The restaurant was fined 5,000 yuan for selling cucumbers, and regulatory departments: production and sale of cold dishes requires this type of license

The hot and sour cold sea bands, cool and refreshing mixing fungus, delicious saline duck, saliva chicken ... I believe that everyone is also the same as Xiaobian recently because the weather is too hot and do not want to cook for cooking. The refreshing and delicious cold dishes are delicious and convenient. Many merchants also target business opportunities and launch tricks for cold dishes. However, cold dishes can not be sold.

Recently, many restaurants in Hefei, Anhui, were fined 5,000 yuan for selling cold cucumbers, and the incident attracted attention. At the same time, in Chizhou, Anhui, a restaurant owner posted a report that he was punished by the market regulatory authorities for "shooting cucumber" in the store to make cool dishes in the store.

On July 31, related topics rushed to Weibo hot search and read hundreds of millions.

Why is the restaurant selling "cucumber", why is it punished for 5,000 yuan?

The restaurant was fined for "mixing cucumber"

According to the Xin'an Evening News, in late July, he learned from the Hefei Market Supervision Department that many restaurants in Hefei were fined for selling cold dishes because they did not obtain cold food business qualifications. Among them, Wang Liangcai's sauerkraut in Baohe District, Yuwanghu City Store, was fined 5,000 yuan for selling cold cucumbers on the takeaway platform without qualifications. Luyang District also was fined 5,000 yuan for selling cold cucumbers online.

Recently, at the Ichi Forum, some restaurants owners posted a report that they were punished by the market regulatory department for "shooting cucumber" in the store to make cool dishes in the store. "I opened a small restaurant under Jiuhua Mountain. The facade was too small and could not start takeaway. Who knew that it was reported to be shot in the hotel for more than a month." According to the person in charge of the hotel, the shop was therefore of this shop. After being reported, the Qingyang Market Supervision Bureau was warned, but the reporter continued to report to the Chizhou Market Supervision Bureau.

The person in charge of the restaurant suspected that he had encountered a "professional counterfeiter" and said that he hoped that all colleagues would pay attention to prevent such things, and said that a small restaurant was fined 5,000 yuan to be fined.

According to the Xin'an Evening News, the incident happened about two years ago. On September 16, 2019, after investigation, the restaurant exceeded the scope of the operating project of the restaurant engaged in cold food foods: "shoot cucumber" operation, with a value of 15 yuan. In view of the active investigation after the incident and actively rectification, the consequences of serious harm are the first illegal. RMB fine.

As for the "professional counterfeiter" mentioned by the restaurant owner, law enforcement officers found that the reporters had maliciously reported behaviors and could not be identified as professional counterfeiters.

So. What documents do you need to apply if you make cold dishes in the hotel? If the catering unit wants to operate cold dishes, the operating project of the "Food Business License" must have "cold food food production and sale", otherwise it will be over -range operation. The requirement of cold food permits requires a separate space of not less than 5 square meters. It has disinfection facilities, air disinfection equipment and independent air conditioners with secondary reaming.

According to the Xin'an Evening Daily, Dai Furong, director of the Catering Service Safety Supervision Department of the Hefei Market Supervision Bureau, said that in daily daily catering safety supervision, they will also encounter many smaller catering restaurants. The situation of making cold dishes, "In the face of this situation, we will adopt the principle of flexible treatment according to the actual situation. For example, we will find that there is no license to sell cucumber cold dishes in the store for the first time, and we will warn and order correction." The risk is lower. In the face of the situation that the physical store is similar to selling cucumber and cold dishes, the market supervision department will warn for correction for the first time. If refusal to rectify, then a fine of about 5,000 yuan in accordance with relevant laws.

However, Dai Furong also emphasized that if a restaurant sells cold dishes through an online takeaway platform, it is not suitable for flexible treatment principles. Because takeaway sales of cold dishes are more risky during transportation, according to the "Measures for the Investigation and Investigation of Online Food Safety Illegal Acts", the parties need to be given corresponding fines and punishment.

Not only in Anhui, since this year, many restaurants in Shandong have been punished because they have not obtained cold food and sale permits. According to the report of the Shandong Fei City Market Supervision Bureau, in January of this year, Feicheng City's non -barbecue restaurants, Feicheng Weishun spicy chicken shops all operated cold dishes on the online platform because they did not obtain cold food food production and sale permits. And punished administrative penalties.

It is worth noting that the issue of how to punish cold dishes such as "shooting cucumber" in the range, in June 2021, the State Administration of Market Supervision has answered in public messages.

At that time, some people left a message, "I opened a restaurant and had obtained a food business license, but there was no cold food food and sale in the business scope, but it was selling" cucumber "cold dishes." It asked what kind of punishment for this behavior.

The Law Enforcement and Inspection Bureau of the State Administration of Market Supervision responded that "According to the relevant provisions of the" Code for Food Safety Operations ", 'The following processing and production can be carried out in the special operation area: a) meals, b) presents now Processing and production of fruit and vegetable juice, fruit and vegetable platter, etc., C) Only processed plant -based cold food foods (excluding non -fermented bean products); simply processing and production of pre -packaged foods are available ; Modify the seasoning for consumers to eat directly. 'That is to say, from the perspective of safety, only processing and production of plant cold food foods do not require special rooms, and they can be performed in a clean -specific operating area. "Relevant regulations: 'Illegal acts are slightly and corrected in time. If there is no harmful consequences, they will not be punished by administrative penalties. If the first violations of the law and the harmful consequences are mild and corrected in time, they may not be punished by administrative penalties. If the behavior is not punished in accordance with the law, the administrative organs should educate the parties.

Report the store the next day to operate cold food

In the case of the above -mentioned Anhui Chizhou, the reporter was not identified as a professional counterfeiter, but in a case in Anqiu, Weifang, Shandong, someone went to take a takeaway 16 times a day, and reported that 16 merchants did not obtain cold food operation the next day. The category of food permits and over -range illegal operating cold food foods, which is identified as "professional counterfeiters", the purpose is to obtain compensation or report rewards.

Specifically, according to a decision on the application for administrative reconsideration in December 2021, the People's Government of Anqiu City rejected the administrative reconsideration application was located in Binzhou City, Shandong Province.

On July 12, 2021, Yu Moumou ordered 16 different products from the Meituan platform to two hotels to two hotels, but it did not stay in these two hotels, and did not actually consume the takeaway products they ordered. On July 13, 2021, the 16 merchants involved in the Anqiu Market Supervision and Administration Bureau were reported to the Anqiu Market Supervision and Administration Bureau. Measures are rewarded.

The Anqiu Market Supervision and Administration Bureau believes that the 16 merchants involved in the case were slightly illegal and corrected in time and did not cause the consequences of harm. The book does not meet the reward requirements. Yu Moumou refused to accept the notification of the results of the processing and raised administrative reconsideration.

The Anqiu Market Supervision and Administration Bureau stated that the units involved have not been given administrative penalties and complaints from our bureau since their business. It is the first violation of the law and the first time the platform sells the link to the platform. Evidence proves that eating this type of product has caused the consequences of consumers and reporting human injury. The illegal act is mild and does not cause the consequences of harm.

In the survey, the merchants involved are small shops operated by individual industrial and commercial households. Under the new crown epidemic, self -reliance operations require the guidance and education of our regulatory authorities. Both the State Council and Shandong Province have proposed to face the new crown epidemic in the new crown epidemic. The measures and requirements of the business environment should be more tolerant of the new format.

"The illegal behavior of the involved units is obviously slightly slightly slightly slightly slightly slightly slightly slightly around 20 yuan. During the investigation, our bureau's active removed the product and ordered correction and active correction. Yuan's penalties are obviously inconsistent with the legislative spirit of excessive penalties, and the punishment is too heavy to aggravate their lives. "Anqiu Market Supervision and Administration Bureau said.

The Anqiu Market Supervision and Administration Bureau also believes that Yu Mou's behavior obviously does not meet the common sense of consumer consumer consumption, not for consumption, and after the investigation of the two hotels, the reporter Yu Mou has not actually moved in to stay in the same stay. And all the order products were sent to the hotel's front desk and did not pick up themselves, and did not even come to Anqiu. Our bureau's comprehensive research and judgment from the number of orders, complaints and reports, and its prosecution in courts at all levels. The purpose is to get compensation or report rewards. Citizens' initiative to report illegal acts that endanger food safety are worthy of recognition. The purpose of the law and regulations to the right to report to the reporters is to provide clues for the investigation and punishment of the administrative agencies to investigate and deal with the violations of laws, regulations or rules. Become a tool for profit.

In the end, the administrative reconsideration agency rejected the applicant's application for administrative reconsideration.

(Source: Daily Economic News, Xin'an Evening News, Feicheng Market Supervision, Anqiu Municipal Government website)

【Edit: Wang Yujin】

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