The case of a blue and white grilled fish shop in Heping District, Tianjin City, where it did not obtain a food production license to engage in food production activities and produce unlabeled pre-packaged food

Tianjin Municipal Market Supervision and Administration Commission

Administrative penalty decision

Tianjin Municipal Supervision and Punishment (2021) No.
51

 

Party: Blue and White foodmate.
net/tag_1017.
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Subject qualification certificate name: business license

 

Unified Social Credit Code: 92120101MA069F1E35

 

Address: Shop C-4, 7th Floor, Zhuangji Commercial Center, No.
128, Nanjing Road, Quanyechang Street, Heping District, Tianjin

 

Operator: Sun Shuling

 

identification number:************

 

Contact number: ************** Other contact methods: ＼

 

contact address:***********************

 

On March 3, 2021, the law enforcement officers of our commission went to the Qinghua Grilled Fish Shop in Heping District, Tianjin City for foodmate.
net/tag_4658.
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During the inspection, 59 bags of foodmate.
net/tag_275.
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net/tag_762.
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Outside the rice foodmate.
net/tag_88.
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net/tag_133.
html" class="zdbq" title="Label related food information" target="_blank">label , law enforcement personnel at the scene to be seized unlabeled 59 bags of rice, and be placed on file in the March 3, 2021 foodmate.
net/tag_4556.
html" class="zdbq" title="Investigate relevant food information" target="_blank">survey .
foodmate.
net/tag_275.
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net/tag_88.
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net/tag_133.
html" class="zdbq" title="Label related food information" target="_blank">foodmate.
net/tag_4556.
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　　After investigation, the parties involved have carried out "Half-day Demon Green Pepper Roasted Fish-Enter the store to consume and take photos, send a sack of Wuchang rice to the circle of friends, give away a bag of Wuchang rice" and "Free 300g for members on Monday.
" "Wuchang Rice" event, the gift of rice is the bag of rice marked "Half-day Monster Green Pepper Roasted Fish".
The parties involved purchased 451 bags marked "Half-Day Demon Green Pepper Roasted Fish" from the Internet at a price of 0.
1 yuan each, and then the purchased Wuchang rice (net content: 4kg) was divided into 300g using an electronic scale.
A small bag of rice will be given as a gift.
The minimum packaging unit of Wuchang rice (net content: 4kg) used by the parties is a 4kg package.
From December 25, 2020 to March 3, 2021, the parties presented a total of 392 bags of unlabeled rice (300g/bag), 59 bags of detained rice (300g/bag), and a total of 451 bags of rice involved.
The price of each bag is 3.
58 yuan (including 0.
1 yuan for the packaging bag), and the total value of the goods is 1614.
58 yuan.
Rice (300g/bag) is used as a gift, and there is no illegal income.
According to Article 2 Paragraph 1 of the Measures foodmate.
net/tag_1615.
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net/tag_3748.
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net/tag_1615.
html" class="zdbq" title="Food information related to production license" target="_blank">Production Licensing, “In the People’s Republic of China, engaged in foodmate.
net/tag_1668.
html" class="zdbq" title="Food information related to food production" target="_blank">food production activities shall obtain a food production license in accordance with the law.
” and “Announcement of the State Administration for Market Regulation on Revising and Publishing Food Production Licensing Classification Catalogue” (Announcement No.
8 of 2020 by the State Administration for Market Regulation) "Category Number: 0102; Category Name: Rice" stipulates that the production of sub-packaged rice should obtain a production license, and the parties concerned will pre-packaged rice (4kg) in the business premises, The act of using electronic scales to divide into 300g small packages of rice meets the constitutive requirements of the act of engaging in food production activities without a food production license.
The party's act of dividing the rice into packaging and gifting unlabeled rice meets the constitutive requirements of the act of producing and operating unlabeled foodmate.
net/tag_4437.
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　　The above facts are mainly proved by the following evidence:

 

　　1.
One copy of the business license of the blue and white grilled fish shop in Heping District, Tianjin, one copy of the food business license, and one copy of the operator's Sun Shuling ID card to prove the principal qualifications of the parties;

 

　　2.
1 copy of on-site inspection transcript and 3 copies of on-site inspection photos to prove the on-site inspection;

 

　　3.
One copy of Zhang Shuli’s ID card, one power of attorney, one transcript of the inquiry to Zhang Shuli, and two transcripts of the inquiry to Sun Shuling, proving that the party concerned did not obtain a food production license to engage in food production activities and use unlabeled rice in production and operation ；

 

　　4.
Half-Day Demon (Lebin Store) presents 3 copies of rice statistics, 1 copy of rice purchase record (Lebin Store), 3 copies of the delivery form of the central distribution out of the warehouse (Shandong Distribution Center), and photo printing of the store declaration form 1 copy of the rice inspection standard and 1 copy of the rice inspection standard to prove the use of unlabeled rice in the production and operation of the party concerned;

 

　　5.
One copy of the calculation of the value of the goods and the amount of illegal income to prove the value of the goods and the amount of illegal income;

 

　　6.
Three fact sheets, certifying that the parties have not obtained food production licenses to engage in food production activities and use unlabeled rice in production and operation;

 

　　7.
Print a screenshot of the inquiry screenshot of the Tianjin Municipal Market Entities Credit Publicity System to prove the administrative punishment of the party concerned;

 

　　8.
One copy of the decision on the implementation of administrative compulsory measures (including a list of properties) and one copy of the delivery certificate to prove the enforcement of the compulsory measures on site.

 

　　On April 19, 2021, our committee served the "Administrative Punishment Hearing Notice" (Jinshi Jianzhi Hearing [2021] No.
45) to the parties.
The parties did not request a hearing within the statutory time limit, and did not submit statements or defense opinions.
.

 

　　The above-mentioned actions of the parties violated Article 35, Paragraph 1 of the foodmate.
net/show-186186.
html" target="_blank">Food Safety Law of the People’s Republic of China, “The State implements a licensing system for food production and operation.
To engage in food production, food sales, and catering services, a license must be obtained in accordance with the law.
However, sales Edible agricultural products do not need to obtain a license.
” and Article 34 (11) of the Food Safety Law of the People’s Republic of China “Prohibit the production and operation of the following foods, food additives, and food-related products: (11) Unlabeled "Pre-packaged food, food additives" regulations.

 

　　During the investigation of the case, the parties actively cooperated with the investigations of the market supervision department, truthfully stated the illegal facts and proactively provided evidence materials; when they discovered that their actions were suspected of illegal activities, they proactively corrected the illegal acts.
The behavior of the parties complies with the "Guiding Opinions of the State Administration for Market Regulation on Regulating Administrative Penalty Discretion for Market Supervision and Administration", "(7) Administrative Penalty Discretion.
3.
In any of the following circumstances, administrative penalties may be lightened or mitigated according to law: ( 1) Actively cooperate with the market supervision department's investigation, truthfully state the illegal facts and proactively provide evidential materials, and shall be given a mitigated punishment.

 

　　Pursuant to the first paragraph of Article 122 of the Food Safety Law of the People’s Republic of China, “in violation of the provisions of this law, engage in food production and business activities without a food production and business license, or engage in food additive production activities without a food additive production license , The food safety supervision and management department of the people's government at or above the county level shall confiscate illegal income, illegal production and operation of food, food additives, and tools, equipment, raw materials and other items used in illegal production and operation; the value of illegal production and operation of food and food additives If the amount is less than 10,000 yuan, a fine of more than 50,000 yuan and less than 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of 10 times to 20 times the value of the goods shall be imposed" and the "Food Safety Law of the People's Republic of China" Article 125 (1) Item (2) of the first paragraph of Article 125: "In case of any of the following circumstances in violation of the provisions of this law, the food safety supervision and administration department of the people’s government at or above the county level shall confiscate the illegal income and illegally produced and traded food and food Additives, and tools, equipment, raw materials and other items used in illegal production and operation may be confiscated; if the value of illegally produced food or food additives is less than 10,000 yuan, a fine of 5,000 yuan to 50,000 yuan shall be imposed; If the amount is more than 10,000 yuan, a fine of five to ten times the value of the goods shall be imposed; if the circumstances are serious, production and business shall be suspended until the license is revoked: (2) Production and operation of unlabeled pre-packaged food, food additives or labels, The instructions do not comply with the provisions of the provisions of this law for food and food additives" and the "Administrative Punishment Law of the People's Republic of China" Article 27 Paragraph 1 Item (4) "If the parties have any of the following circumstances, they shall be treated lightly or in accordance with the law.
Mitigation of administrative penalties: (4) Other lighter or mitigated administrative penalties in accordance with the law" and Article 23 of the Administrative Penalty Law of the People's Republic of China "When administrative agencies impose administrative penalties, they shall order the parties to correct or correct the illegal acts within a time limit.
" Provisions require the parties to correct the illegal activities of engaging in food production activities without obtaining a food production license and producing and operating unlabeled pre-packaged food, and impose the following administrative penalties on the parties:

 

　　1.
Confiscated 59 bags (300g/bag) of illegally produced and operated rice;

 

　　2.
A fine of RMB 6,000 for the illegal act of engaging in food production activities without obtaining a food production license;

 

　　3.
A fine of 4,000 yuan is imposed on the parties involved in the production and operation of unlabeled prepackaged food.

 

　　The party concerned shall pay the fine to Industrial and Commercial Bank of China Tianjin Branch, Agricultural Bank of China Tianjin Branch, Bank of China Tianjin Branch, China Construction Bank Tianjin Branch, China Everbright Bank Tianjin Branch, Bank of Tianjin, The outlets of the Tianjin Branch of Zheshang Bank and other municipal finance designated non-tax revenue collection banks to public outlets.
If the fine is not paid within the time limit, in accordance with the provisions of Article 51, Paragraph 1 of the "Administrative Punishment Law of the People's Republic of China", an additional fine of 3% of the fine amount will be imposed every day, and an application to the people's court for enforcement will be applied in accordance with the law.

 

　　If you are dissatisfied with this administrative penalty decision, you can apply to the State Administration for Market Supervision and Administration or the Tianjin Municipal People’s Government for administrative reconsideration within 60 days from the date of receipt of this decision, or you can apply to the Tianjin Heping District People’s Government within six months.
The court filed an administrative lawsuit.
During the period of administrative reconsideration or administrative litigation, the execution of this administrative penalty decision shall not be suspended.

 

　　(seal)

 

　　April 25, 2021

 

　　(The market supervision and management department will publicize the administrative penalty decision information to the public in accordance with the law)