A number of restaurants selling cold cucumbers were fined 5,000 yuan Dialogue. The owner: I felt a bit "injustice" at that time, and I had handled cold food business licenses afterwards

Cold cucumber map source network

Cover Journalist Song Xiao Intern Feng Lian Zhang Zongyao

Recently, many restaurants in Hefei, Anhui, were fined 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. At the forum, some catering shop owners posted a report that they were punished by the market supervision department for "shooting cucumber" in the store to make cool dishes in the store.

As a result, "selling cold cucumbers was fined 5,000 yuan", which quickly caused controversy. Some people think that a "cucumber" was fined 5,000 yuan. Is the punishment too heavy? Some people have proposed that many small workshops and braised vegetable stalls are selling cold food. Do you need to have cold food food management licenses?

Wang Liangcai's sauerkraut fish (Wanghu City Store) "Garlic Cucumber" sold on a takeaway platform

On August 1st, the cover reporter contacted a number of merchants who had been punished similarly. Some merchants said that they did have problems such as being punished for sale of cold dishes before, but they also raised their own questions: What is the fine for fines for running cold dishes? How to define the "over -range operation"?

Sell ​​"cold cucumber" on the network platform

Hefei one sauerkraut fish shop was fined 5,000 yuan

Mr. Long (a pseudonym) is the head of Wang Liangcai's sauerkraut in Baohe District. In the past few days, because of a penalty one year ago, he received a lot of "care" calls from the outside world.

Some of these telephones are asking him how to apply for cold food business licenses, some media to consult the original punishment details, and some diners are inconsistent. Regarding these concerns, he replied one by one and said, "We don't have any food safety issues, but" the consciousness was a bit worse. "

What he said was "poor consciousness", from a report and investigation of the Baohe District Market Supervision and Administration Bureau on November 18, 2021.

Mr. Long said that at that time, the staff of the Market Supervision and Administration Bureau received a report from 12315, reflecting that Wang Liangcai's sauerkraut fish Wanghu City store sold cold cucumber on the takeaway platform, but he did not obtain cold food food business qualifications and required investigations. The staff checked their operating venues and their online stores on the takeaway platform, and found that the store was true to operate cold food foods on the takeaway platform.

On December 15, 2021, the Baohe District Market Supervision and Administration Bureau issued a letter of investigation to the Beijing Haidian District Market Supervision and Administration Bureau, asking for assistance to investigate the sales of the parties on the takeaway platform. After being found out, Wang Liangcai's sauerkraut fish Wanghu City shop has "Business License" and "Food Business License". The store obtained the "Food Business License" on July 11, 2018. License items: pre -packaged food (including refrigerated and freezing Food) Sales, hot food food production and sale, no cold food food production and sale. The store has operated cold dishes on the takeaway platform since May 2020. According to the data displayed by the platform, the value of the cold dishes through the takeaway platform is 244 yuan, and the illegal income is 244 yuan. After the incident, the shop immediately removed the cold dishes on the takeaway platform.

The local market regulatory authorities believe that the parties operate cold dishes on the takeaway platform without permission, violating the "Measures for the Investigation and Investigation and Investigation of Online Food Safety illegal Behavior", and constitute illegal acts that have not operated cold food foods without permission. Measures and relevant provisions of the "Food Safety Law of the People's Republic of China" shall be administrative punishment. The Baohe District Market Supervision Bureau finally decided to punish the parties with a fined illegal income of 244 yuan and a fine of 5,000 yuan.

Dialogue restaurant owner

The fines have been paid and the cold food permit is obtained

On August 1st, Mr. Long told the cover reporter that as a local small restaurant, their business scope was only to produce and sell some home -cooked dishes. On the online platform, the "garlic cucumbers" sold by the stores also It is a common dish in home -cooked dishes, so when I was fined, I felt a little "injustice".

He said that the reason why he was punished at that time was because someone reported it online. "We did have a little bit of consciousness. When applying for food management permits, I did not notice the detailed rules of cold food management permits. I thought that food operations contained this. "

According to Mr. Long, the cool dishes sold on the Internet take "cold cucumber" as an example. The price ranges from a dozen yuan. Later, when the market regulatory authorities were punished, they also felt very embarrassed. When the staff issued relevant regulations and specific documents, they realized that the original cold food operation license did have clearly stipulated.

Mr. Long told reporters that on November 25, 2021, they applied for changing the "Business License" and "Food Business License". On December 14, 2021, the new "Food Business License" increased cold food Food and sale.

It is not the first time that "over -range operation" is punished

Local market supervision department response:

Similar to the encounter with Mr. Long's shop, Luyang District also was fined 5,000 yuan for selling "cold cucumbers" because of selling "cold cucumbers".

On the official website of the Luyang District Market Supervision and Administration Bureau, there are administrative penalties for administrative penalties for Qichi Catering Store in Luyang District, Hefei City. It violates the provisions of Article 16, paragraph 1 of the "Investigation and Investigation and Investigation Measures for the Investigation and Investigation of Online Food Safety illegal. The Luyang District Market Supervision and Administration Bureau made an administrative penalty decision of 4,740 yuan in illegal income and a fine of 5,000 yuan. Yayang District, Luyang District, Hefei City, was punished by administrative penalties for operating the scope of operating projects that exceeded the license.

In October 2021, the Hefei Market Supervision Bureau also issued a penalty for a penalty. (Including refrigerated frozen food) sales, hot food food production and sale, no cold food and sale in business projects, raw food food production and sale. The cold dishes sold in the store include: "cold cucumber", "cold tomatoes", "saltwater hair beans". The Market Supervision Bureau believes that the behavior of the parties violates the Measures for the Investigation and Investigation of Online Food Safety illegal Acts, and the parties are engaged in food operations in the scope of business projects that are permitted.

The reporter's search found that according to the "Measures for the Supervision and Administration of Online Catering Service", the provider of third -party platforms for online catering services should review the food business license of the catering service provider, register the name, address, and legal representatives of the online catering service provider Information such as people or responsible persons and contact information to ensure that the license information such as the food business license of the online catering service provider is true.

And because takeaway sales of cold dishes are more risky during transportation. If the market supervision department finds that the parties operate cold dishes on the takeaway platform without permission, in accordance with the "Measures for the Investigation and Investigation of Online Food Safety Illegal Actions", Illegal acts shall be administrative penalties in accordance with the relevant provisions of the "Measures for the Investigation and Investigation and Investigation of Online Food Safety illegal Acts" and the "Food Safety Law of the People's Republic of China", and shall be punished according to the corresponding fines.

Article 16, paragraph 1, paragraph 1 of the "Investigation and Investigation and Investigation and Investigation of Online Food Safety illegal Acts"

Focus

How to take into account both flexible and humanized law enforcement

Mr. Long told reporters that in fact, when they were initially punished, they also doubted whether they had been targeted at their peers or "professional fakes". However, because they could not find a specific source of reporting, and could not get evidence of the report on the report. They accepted the fine.

Mr. Long said that there was no cold food operation permit for the production and sale of cold dishes. At the beginning, they did not realize the problem of this segment. ","

After this incident, their consciousness has also been improved. "There are indeed clear stipulation, and those reports are indeed based. What we can do is to make ourselves better and more complete."

Some merchants also said that they also operated cold dishes because they were unlicensed, but the punishment standards of the market supervision department were different. In this regard, relevant personnel of the Hefei Market Supervision Bureau said that when the market supervision department discovered that the business was beyond the scope of the license, it would be ordered to make corrections for the first time.

According to the amount involved in the amount, subjective intentional intent, etc., different gradient punishments will also be adopted. "For example, if some restaurants do not have subjective intention, or they belong to the initial illegal and the sales amount is small, they will often be punished by warning and ordering rectification."

The reporter found that there are many similar cases. For example, in a restaurant in Jinan, Shandong, he was fined 10,000 yuan for selling cold dishes without a license. Afterwards, the penalty opinion given by the market regulatory authorities was that the hotel did not change the business permit. Cold food foods were not in its licensed matters. After seven days of rectification notice, the catering company still did not apply for a change of business license, so it would only be only possible A fine of 10,000 yuan in the restaurant.

In addition, in 2022, a snack bar in Lizhou was warned by the market regulatory authorities, confiscated illegal income and a fine of 6,187 yuan for the sale of cold dishes.

A noodle restaurant in Beijing was also fined 10,000 for a culprit because of a super license scope. A civil judgment on the referee document network shows that on December 12, 2017, the food and drug supervision and management institute of Yanqing Town, Yanqing District, Beijing received a report from the report that the XXX noodle restaurant operated cold dishes on the Internet in the network. A copy of the enoki mushroom, 15 yuan; a serum of Sujin, 12 yuan, eventually confiscated 27 yuan of illegal income, and imposed a fine of 50,000 yuan in administrative penalties.

The court believes that the price of cool dishes that exceed the permit of the noodle restaurant are only 27 yuan, which does not cause the consequences of actual harm. After the administrative organ is filed for investigation and punishment, it immediately stops illegal acts. The fourth provisions shall be reduced by reducing punishment. At the same time, referring to the above "Notice of Food Safety Penalty", if the Food Safety Law is fined 50,000 yuan in the XXX noodle restaurant, the penalty is obviously improper, and the prosecution decision is violated with the principle of considerable punishment. Therefore, in accordance with Article 77, paragraph 1, paragraph 1 of the "Administrative Procedural Law of the People's Republic of China", the court changed the "fine of 50,000 yuan" in the decision made by the Food and Drug Administration made by the Yanqing District Food and Drug Administration to "fine 10,000 yuan" Essence

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