According to Article 122 of People's Republic of China (PRC) Food Safety Law:
Anyone who, in violation of the provisions of this Law, engages in food production and marketing activities without obtaining a food production and marketing license, or engages 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 income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other articles used for illegal production and marketing.
If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed.
Knowing that it is an illegal act stipulated in the preceding paragraph, the food and drug supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives.
Article 123
In violation of the provisions of this law, if any of the following circumstances 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 income and the food illegally produced and marketed, and may also confiscate the tools, equipment, raw materials and other articles used for illegal production and marketing.
If the value of food illegally produced and operated is less than 1 10,000 yuan, a fine of more than100,000 yuan and less than150,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than 15 times and less than 30 times shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days.
(a) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health, or using recycled food as raw materials to produce food, or dealing in the above-mentioned foods; ?
(two) the production and operation of main and auxiliary foods that are specially used for infants and other specific groups, and whose nutritional components do not meet the food safety standards; ?
(3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing or dealing in their products; ?
(4) dealing in meat that has not been quarantined or failed to pass the quarantine inspection, or producing or dealing in meat products that have not been inspected or failed to pass the inspection;
(5) Producing and marketing foods prohibited by the state for special needs such as disease prevention;
(six) the production and operation of food containing drugs. Whoever knowingly provides a place for production and business operation or other conditions while violating the provisions of the preceding paragraph shall be ordered by the food and drug supervision and administration department of the people's government at or above the county level to stop the illegal act, confiscate the illegal income and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan.
Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators. Whoever illegally uses highly toxic or highly toxic pesticides may be detained by the public security organ in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations.
Extended data:
Application and acceptance:
Article 10:
To apply for a food production license, one should first obtain the qualifications of a legal subject such as a business license.
Enterprise legal person, partnership enterprise, sole proprietorship enterprise, individual industrial and commercial households, etc. The applicant is the subject specified in the business license.
Article 11:
An application for a food production license shall be made in accordance with the following food categories:
Processed grain products, edible oil, grease and its products, condiments, meat products, dairy products, beverages, convenience foods, biscuits, canned foods, frozen drinks, quick-frozen foods, potatoes and puffed foods, candy products, tea and related products.
Alcohol, vegetable products, fruit products, roasted seeds and nuts food, egg products, cocoa and roasted coffee products, sugar, aquatic products, starch and starch products, cakes, bean products, bee products, health foods, formula foods for special medical purposes, infant formula foods, special dietary foods and other foods.
China Food and Drug Administration can adjust food categories according to the needs of supervision and management.
Article 12:
To apply for a food production license, the following conditions shall be met:
(1) Having a place suitable for food raw material processing, food processing, packaging and storage, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources.
(2) Having production equipment or facilities suitable for the variety and quantity of food to be produced, and having corresponding equipment or facilities for disinfection, changing clothes, washing, lighting, lighting, ventilation, anti-corrosion, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage.
If the production process of health food has pretreatment procedures such as raw material extraction and purification, it is necessary to have raw material pretreatment equipment or facilities suitable for the variety and quantity of production.
(3) Having full-time or part-time food safety management personnel and rules and regulations to ensure food safety.
(4) Having a reasonable equipment layout and technological process, preventing the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and preventing the food from contacting with toxic and unclean substances.
(5) Other conditions stipulated by laws and regulations.
Article 13:
To apply for a food production license, the following materials shall be submitted to the local food and drug supervision and administration department at or above the county level where the applicant is located:
(1) An application for a food production license;
(2) A copy of the business license;
(3) the plan of the food production and processing place and its surrounding environment, the layout of each functional area, the layout of process equipment and the flow chart of food production process;
(4) List of major equipment and facilities for food production;
(5) Rules and regulations for ensuring food safety, such as incoming inspection records, production process control, ex-factory inspection records, food safety self-inspection, health management of employees, recall of unsafe food, and handling of food safety accidents.
Where the applicant entrusts others to apply for a food production license, the agent shall submit the power of attorney and the identity certificate of the agent.
Baidu Encyclopedia-People's Republic of China (PRC) Food Safety Law (revised on 20 15)
Baidu Encyclopedia-Food Production License