A number of restaurants were fined 5,000 yuan to shoot cucumbers!Can I still shoot cucumbers in the restaurant in the future?

Cucumber, a dish with a full sense in Chinese restaurants, can be matched freely whether it is a staple food or barbecue. At the same time, due to the low price and high popularity, women and children are well known.

However, it is such a common dish, but many catering companies in Hefei, Anhui have been fined 5,000 yuan. As for the reason, the practitioners do not have the qualifications of cold food business.

For a plate of cucumbers, netizens also quarreled, and related topics once rushed on Weibo to search. The support of one party believes that the fine is well -founded, and the opposition party believes that the relevant departments are "selective law enforcement."

So, where did the restaurant sell cucumbers wrong? What qualifications do you need to take a cucumber? Can you still order cucumber in the restaurant?

Selling cucumber was fined 5,000 yuan

On November 18, 2021, the Market Supervision and Administration Bureau of Baohe District, Hefei, Anhui received a report from 12315, reflecting that Wang Liangcai's sauerkraut Yuwanghu City Store sold cold cucumber on the takeaway platform, but he did not obtain cold food food business qualifications and required investigations.

The local municipal supervisory department later found that Wang Liangcai's sauerkraut fish Wanghu City Store had the "Business License" and "Food Business License", but the license items on the "Food Business License" did not have cold food and sale. Without permission to operate cold dishes on the takeaway platform, this move violated the "Measures for the investigation and punishment of online food safety violations" and constitutes illegal acts that operate without permission to operate cold food foods. The relevant provisions of the Food Safety Law of the People's Republic of China shall be administrative punishment. In the end, the Baohe District Market Supervision Bureau decided to impose a punishment of 244 yuan and a fine of 5,000 yuan to the parties.

The case of selling cucumbers is more than this case. 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. In view of the fact that the parties are in line with the plot of the punishment, a fine of 5,000 yuan for the parties.

Special qualifications to operate cold food

In fact, the above restaurants were not fined because of "shooting cucumber", but instead of being engaged in cold food operations.

Liu Shaowei, a member of the expert group of the Shanghai Food Safety Research Association and a PhD in Food Safety of Pennsylvania, Pennsylvania, told China News Weekly that in accordance with the laws and regulations of food management, catering companies need to run catering within their own scope. 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. "In other words, these restaurants do not have cucumbers, but need to apply for relevant qualifications."

Liu Shaowei said that my country has detailed regulations on the operation of dishes. If catering companies need to apply for cold food permits, they need independent spaces of not less than 5 square meters, and have disinfection facilities, air disinfection equipment and independent air conditioners with secondary dressing. In addition, the national standard "GB 31654-2021 Food Safety National Standard Standard Catering Services General Sanitation Specification" also pointed out that easy-to-rot food should be treated in the specialized room or dedicated operation area, and the cool dishes belong to this category.

Some netizens are upset for the restaurant: Isn't it just taking a cucumber? Why do I need to apply for a special qualification?

In this regard, Liu Shaowei explained that shooting cucumbers seemed simple, but from the perspective of food safety management, there were very strict requirements. Cold food and hot food are different. After the hot cooking process, hot food, such as boiling or stir -fry, can eliminate bacteria to a certain extent. The cool dishes are not. Because there is no high temperature sterilization process, it is more likely to be infected by microorganisms, especially in the production process, and mixing with tools and chopping boards, it is very easy to cause cross -infection. "Especially in the summer, it was the peak period of cold dishes consumption, and the risk of cross -infection was higher. Therefore, we have strict management of cold food processing process and require special production."

In fact, it is not the first case in the country to operate cold dishes. In 2017, a hot pot restaurant in Huangpu District, Guangzhou was fined 10,000 yuan by the Food Supervision Administration for sale of cold dishes such as "shooting cucumber" and "appetizer", and confiscated 139 yuan of "illegal income".

So why don't catering companies apply for cold food business qualifications?

Qin Wei, a senior person in Lanzhou Beef Noodle Industry, has been engaged in catering work for nearly two decades. According to his understanding, there are less than one -tenth of the catering companies in the country with cold dishes, and the general nature of fast food and snacks does not have cold dishes.

Qin Wei analyzed China News Weekly that cold food is more likely to infect bacteria and require specialized operating qualifications. How could catering companies unknown, but it was more unable to apply for relevant qualifications for practical factors.

"A dedicated cool dish room requires at least 5 square meters, and it is also equipped with air conditioning, separate knife case boards, etc., but this is not the most important cost. Cool vegetables room means that the function is very single and cannot be used separately. A restaurant with a area of ​​less than 70 or eighty square meters, remove the functions of back kitchen, warehousing, front desk, bathroom and other functions. At least 30 meals can be accommodated. Further squeeze the profitability of catering companies. "Emphasis on service and post -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after penalty

In Qin Wei's view, food safety is important, but can it be executed in one shot? For example, different management methods are formulated according to the size of the enterprise. Of course, a large and conditional catering company should have a cold dish room; and for catering companies with a small area and do not have a cold dish room, can they require workbaches to distinguish them and prevent mixed mixing and mixing?

"Actually, there is no necessarily that the cold dishes do not mean that the cold dishes are not qualified." Qin Wei further said, "As far as I know, many small restaurants without cold dishes are separated through raw cooked. Food safety. "

In addition, Qin Wei also suggested whether to combine the actual operation of the merchant when the fine is fined, and the merchants who still have illegal acts after multiple guidance and training will be punished. Safety operation.

Sun Rongda, a partner of Beijing Dacheng Law Firm, said that for operators, some violations of laws and regulations may occur because they do not understand the laws and regulations. It is still to increase the popularity of laws and regulations involved in operators in daily production and operation activities;

Secondly, when operators apply for licenses such as "Business License" and "Food Business License", they should also communicate and guide the matters involved;

During the law enforcement, within the scope of the actual situation, the penalty standards are flexibly grasped to achieve better guarantee of food safety, ensuring the health and life safety of the public, and maintaining a good food business environment.

In this regard, Liu Shaowei also believes that in addition to fines, the market supervision department should also strengthen training and guidance for merchants. "The purpose of law enforcement is not to" punish ", but to protect consumers' rights. If you want to block food safety vulnerabilities, it is also important to serve beforehand and after -after -after -to be punishment."

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." What kind of punishment will be punished.

The Law Enforcement Bureau of the State Administration of Market Supervision responded that from the perspective of safety, only the processing and production of plant -cherished cold food foods do not require a special room, and can be carried out in a clean -specific operating area. In accordance with the relevant provisions of the "Administrative Penalty Law of the People's Republic of China": "The illegal act is slight and corrected in time without causing the consequences of harm, and the administrative penalty will not be given. If the first violation of the law and the consequences of the harm may be slightly corrected in time, it may not be punished by administrative penalties." At the same time, if the party's illegal act shall not be punished in accordance with the law, the administrative organs shall educate the parties.

Author: Yu Yuan

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