The health food characterized as counterfeit approval number is only the sales terminal of the product, not the manufacturer or general agent seller. In addition, its means of visually identifying the authenticity of the product are limited, so the parties involved Subjectively, they do not know clearly, so after determining the applicable penalty provisions, law enforcement officials can use their discretion to determine the amount of penalty based on the specific circumstances of the violation. The provisions of Paragraph 1 of Article 48 and Paragraph 2 of Article 51 of the "Food Safety Law", from the perspective of legislative intent, are obligatory provisions for products that have been licensed and have obtained relevant national qualification certificates. Violation of this provision constitutes “fake and inferior products”. Products with counterfeit approval numbers are obviously not licensed by the state and should be treated as "counterfeit products." The Food Safety Law and its Implementing Regulations do not have mandatory provisions or penalties for counterfeit health food approval documents. The relevant regulations are mentioned to be formulated separately by the State Council, but they have not yet been issued. In this case, some people believe that according to the relevant provisions of the "Notice on the Application of Laws on the Investigation and Punishment of the Use of Counterfeit Health Food Approval Numbers", the use of counterfeit health food approval numbers in production and operation shall be punished in accordance with Article 3 of the "Special Provisions" The punishment is understandable, but the Notice does not mention specific provisions. This is the crux of the problem. The production of health food with counterfeit approval numbers will be punished in accordance with Article 3, Paragraph 4 of the "Special Provisions". As for the operation of health food products with counterfeit approval numbers, it is easy to cause doubts when handling them in accordance with the "Special Provisions". Some people think that he should be punished according to Article 3, paragraph 2; some people think that he should be punished according to Article 3, paragraph 4. The author believes that the fundamental difference between paragraph 2 and paragraph 4 of Article 3 of the "Special Provisions" is that the former is for situations with permission, while the latter is for situations without permission. Paragraph 2 of Article 3 stipulates that “those who produce and sell products in accordance with laws and administrative regulations that require a license or certification must engage in production and business activities in accordance with legal conditions and requirements. Failure to engage in production and business activities in accordance with legal conditions and requirements or The production and sale of products that do not meet legal requirements shall be handled by...drug and other regulatory authorities in accordance with their respective responsibilities..." Judging from the original intention of the legislation, it is obviously a punishment for illegal production and business activities that have been licensed, obtained a national license or certified , as well as penalties for illegal products that have been licensed by the state and obtained relevant national qualification certificates. Health foods with fake approval numbers are actually products that have not been licensed by the state and have not obtained relevant qualification certificates. The operators should be punished in accordance with Article 3, Paragraph 4 of the "Special Provisions". That is to say, "Those who should obtain a license according to law but fail to obtain a license to engage in production and business activities shall be punished by...the drug and other regulatory authorities in accordance with their respective duties." In summary, the behavior of selling health food with counterfeit approval number should be punished in accordance with Article 3, Paragraph 4 of the "Special Provisions". At the same time, law enforcement officers should also fully collect evidence that the parties have a lighter or mitigated punishment. In accordance with the "Administrative Penalty Law" According to the provisions of Article 27, a lighter or reduced punishment shall be given to the parties taking into account the circumstances of the violation of law