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Facts of illegality
After investigation, Shanghai ** Catering Management Co.
, Ltd.
has applied for a food business license, and the main format is catering service operators (small restaurants).
On August 9, 2022, the parties purchased 600 bags of pre-packaged soy sauce for sashimi from the supplier, and after the arrival of the soy sauce for sashimi, the parties unpacked the pre-packaging and divided them into soy sauce vials and placed them in the seasoning boxes of each table for consumers to take
for free, on demand and by themselves.
On September 1, 2022, the parties needed to replenish a soy sauce vial on the table, directly divided the soy sauce without cleaning or inspecting the vial, and then put it in the seasoning box of the table, and the soy sauce vial with maggots was used to divide the soy sauce, resulting in maggots
in the soy sauce supplied to customers.
, Ltd.
has applied for a food business license, and the main format is catering service operators (small restaurants).
On August 9, 2022, the parties purchased 600 bags of pre-packaged soy sauce for sashimi from the supplier, and after the arrival of the soy sauce for sashimi, the parties unpacked the pre-packaging and divided them into soy sauce vials and placed them in the seasoning boxes of each table for consumers to take
for free, on demand and by themselves.
On September 1, 2022, the parties needed to replenish a soy sauce vial on the table, directly divided the soy sauce without cleaning or inspecting the vial, and then put it in the seasoning box of the table, and the soy sauce vial with maggots was used to divide the soy sauce, resulting in maggots
in the soy sauce supplied to customers.
The above-mentioned conduct of the parties violated Item 6 of the first paragraph of Article 34 of the Food Safety Law of the People's Republic of China, which prohibits the production and trading of the following foods, food additives and food-related products: .
.
.
(6) Foods and food additives that are spoiled, rancid, mildew, filthy, mixed with foreign matter, adulterated or have abnormal sensory properties; .
.
.
" and Article 24, Paragraph 1, Item 1 of the Shanghai Food Safety Regulations, "The production and trading of the following foods, food additives and food-related products is prohibited: (1) the production and trading of food, food additives and food-related products prohibited by the Food Safety Law; .
.
.
", which constitutes the act
of producing and dealing in food mixed with foreign substances.
.
.
(6) Foods and food additives that are spoiled, rancid, mildew, filthy, mixed with foreign matter, adulterated or have abnormal sensory properties; .
.
.
" and Article 24, Paragraph 1, Item 1 of the Shanghai Food Safety Regulations, "The production and trading of the following foods, food additives and food-related products is prohibited: (1) the production and trading of food, food additives and food-related products prohibited by the Food Safety Law; .
.
.
", which constitutes the act
of producing and dealing in food mixed with foreign substances.
Penalty results
A fine of 10,000 yuan
.
.
Shanghai Pudong New Area Market Supervision Administration
Administrative punishment decision
Shanghai Municipal Superintendent Office [2022] ********
Party: Shanghai ** Catering Management Co.
, Ltd
, Ltd
Name of the subject qualification license: business license
Unified Social Credit Code: **********
Residence: China (Shanghai) Pilot Free Trade Zone **********
Legal representative:***
After investigation, the parties concerned applied for a food business license, and the main format was a catering service operator (small restaurant).
On August 9, 2022, the parties purchased 600 bags of pre-packaged soy sauce for sashimi from the supplier, and after the arrival of the soy sauce for sashimi, the parties unpacked the pre-packaging and divided them into soy sauce vials and placed them in the seasoning boxes of each table for consumers to take
for free, on demand and by themselves.
On September 1, 2022, the parties needed to replenish a soy sauce vial on the table, directly divided the soy sauce without cleaning or inspecting the vial, and then put it in the seasoning box of the table, and the soy sauce vial with maggots was used to divide the soy sauce, resulting in maggots
in the soy sauce supplied to customers.
Since the soy sauce for sashimi is free, self-sufficient, on-demand, and accessible to consumers, this case was determined
to be based on the value of the goods being less than 3,000 yuan and no illegal gains.
On August 9, 2022, the parties purchased 600 bags of pre-packaged soy sauce for sashimi from the supplier, and after the arrival of the soy sauce for sashimi, the parties unpacked the pre-packaging and divided them into soy sauce vials and placed them in the seasoning boxes of each table for consumers to take
for free, on demand and by themselves.
On September 1, 2022, the parties needed to replenish a soy sauce vial on the table, directly divided the soy sauce without cleaning or inspecting the vial, and then put it in the seasoning box of the table, and the soy sauce vial with maggots was used to divide the soy sauce, resulting in maggots
in the soy sauce supplied to customers.
Since the soy sauce for sashimi is free, self-sufficient, on-demand, and accessible to consumers, this case was determined
to be based on the value of the goods being less than 3,000 yuan and no illegal gains.
The parties had drained the soy sauce vial in question, and cleaned and sanitize the soy sauce vial
.
.
The above facts are confirmed by the following evidence: "on-site record", on-site photos, "interrogation record" of the party, copy of the party's business license, etc
.
.
On October 27, 2022, the Bureau served the Shanghai Jianpu [2022] ******** "Notice of Administrative Punishment" to the parties
.
If the parties fail to exercise the right to make statements and defenses within the statutory time limit, it shall be deemed to have waived this right
.
.
If the parties fail to exercise the right to make statements and defenses within the statutory time limit, it shall be deemed to have waived this right
.
The above-mentioned conduct of the parties violated Item 6 of the first paragraph of Article 34 of the Food Safety Law of the People's Republic of China, which prohibits the production and trading of the following foods, food additives and food-related products: .
.
.
(6) Foods and food additives that are spoiled, rancid, mildew, filthy, mixed with foreign matter, adulterated or have abnormal sensory properties; .
.
.
" and Article 24, Paragraph 1, Item 1 of the Shanghai Food Safety Regulations, "The production and trading of the following foods, food additives and food-related products is prohibited: (1) the production and trading of food, food additives and food-related products prohibited by the Food Safety Law; .
.
.
", which constitutes the act
of producing and dealing in food mixed with foreign substances.
.
.
(6) Foods and food additives that are spoiled, rancid, mildew, filthy, mixed with foreign matter, adulterated or have abnormal sensory properties; .
.
.
" and Article 24, Paragraph 1, Item 1 of the Shanghai Food Safety Regulations, "The production and trading of the following foods, food additives and food-related products is prohibited: (1) the production and trading of food, food additives and food-related products prohibited by the Food Safety Law; .
.
.
", which constitutes the act
of producing and dealing in food mixed with foreign substances.
Comprehensively considering the circumstances and harmful consequences of the illegal acts, according to the second paragraph of Article 92 of the Shanghai Food Safety Regulations, "if a small catering service provider violates the provisions of the first paragraph of Article 24 of these Regulations by producing and dealing in food that is prohibited from production and trading, the municipal food and drug administration department or the district market supervision and administration department shall confiscate the illegal gains and the food illegally produced and traded, and may confiscate tools, equipment, raw materials and other items used in illegal production and operation; Where the value of food goods illegally produced and traded is less than 10,000 yuan, a fine of between 10,000 and 50,000 yuan shall be imposed; where the value of the goods is more than 10,000 yuan, a fine of not less than five times but not more than ten times the value of the goods shall be imposed; where the circumstances are serious, revoke the permit or notify the township or town people's government or neighborhood office to cancel the temporary filing
.
", the decision orders the parties concerned to immediately stop the illegal conduct and the punishment is mitigated as follows:
.
", the decision orders the parties concerned to immediately stop the illegal conduct and the punishment is mitigated as follows:
A fine of 10000,<> yuan
.
.
Parties are hereby requested to:
Bring this decision within 15 days from the date of receipt of this decision, and hand over the fine of 10,000 yuan to the specific collection agency
of the Industrial and Commercial Bank or the Construction Bank of the city.
If the fine is not paid within the time limit, the Bureau may, in accordance with the provisions of Item 1, Paragraph 1 of Article 72 of the Administrative Punishment Law of the People's Republic of China, impose an additional fine of 3% of the amount of the fine
on a daily basis.
of the Industrial and Commercial Bank or the Construction Bank of the city.
If the fine is not paid within the time limit, the Bureau may, in accordance with the provisions of Item 1, Paragraph 1 of Article 72 of the Administrative Punishment Law of the People's Republic of China, impose an additional fine of 3% of the amount of the fine
on a daily basis.
If the parties are dissatisfied with this decision, they may apply to the People's Government of Pudong New Area for administrative reconsideration within 60 days of receiving this decision; It is also possible to file a lawsuit
directly with the people's court within six months.
directly with the people's court within six months.
Where the bureau does not apply for administrative reconsideration within the time limit or file a lawsuit with the court, and does not perform on the administrative punishment decision, the bureau may apply to the people's court for compulsory enforcement
in accordance with law.
in accordance with law.
Shanghai Pudong New Area Market Supervision Administration (seal)
November 11, 2022
