What to do if the operator ceases down after violating the food safety law

The court will punish him.

A fine of not less than 15 times but not more than 30 times. where the value of food illegally produced or traded is less than 10,000 yuan, a fine of between 100,000 and 150,000 yuan shall be imposed; If the difference in the value of the goods is more than 10,000 yuan, a fine of between 15 and 30 times the value of the goods shall be imposed; If the circumstances are severe, the permit shall be revoked, and the public security organs may detain the directly responsible managers and other directly responsible personnel for not less than 5 days but not more than 15 days. Before making an administrative punishment decision, the parties shall be informed in writing of the facts of the violation and their rights to make statements, make defenses, and request a hearing.

According to the trial situation, it is decided whether to give administrative punishment, and the administrative punishment of complex circumstances or major violations shall be decided by the person in charge of the food and drug industry and commerce department through collective discussion. Where it is necessary to give an administrative punishment in accordance with law, an administrative punishment decision shall be drafted, indicating the facts and evidence of the violation, the basis and content of the punishment, and the channels and time limits for administrative reconsideration and litigation. The administrative punishment decision for direct service shall be served on the parties within 7 days, and the time limit for service by mail or public announcement shall be implemented in accordance with the "Provisions on the Punishment Procedures for Food and Drug Troubles".

Legal basisArticle 49 of the "Measures for the Administration of Food Business Licenses" violates the provisions of the first paragraph of Article 27 of these Measures, and the licensing items specified in the food business license change, and the food business operator fails to apply for a change in the business license in accordance with the regulations, the food and drug supervision and administration department that originally issued the license shall order it to correct and give a warning; where corrections are refused, a fine of between 2,000 and 10,000 yuan is to be imposed. In violation of the provisions of the second paragraph of Article 27 or the first paragraph of Article 36 of these measures, the address of the peripheral warehouse of the food business operator changes, and the report is not made in accordance with the regulations, or the food business operator terminates the food business, the food business license is withdrawn, revoked or the food business license is revoked, and the cancellation procedures are not applied for in accordance with the regulations, the food and drug supervision and administration department that originally issued the license shall order corrections; and where corrections are refused, a warning shall be given and a fine of up to 2,000 yuan shall be imposed.

Legal analysis: three times, if a food producer or trader is ordered to suspend production and business, or revoke the license for violating the regulations for three times in one year, the food and drug supervision and administration department shall order the suspension of production and business. An order to suspend production and business is a punishment that restricts and deprives citizens, legal persons or other organizations of their capacity.

It requires the penalized person to stop the ongoing production and operation and various business activities, and unlike the fines, confiscation and other property penalties, it restricts and deprives the penalized person of the ability to act, which is a kind of behavioral punishment. An order to suspend production and business is a punishment that requires citizens, legal persons or other organizations to perform their obligations of inaction. In other words, the person subject to such punishment has the obligation to refrain from acting, that is, not to continue to engage in production and business activities.

An order to suspend production and business usually comes with a time limit. If the penalized person corrects the illegal act within a certain period of time, he can resume production and business.

Legal basis: Article 134 of the Food Safety Law of the People's Republic of China If a person who has been ordered to suspend production and business or revoke his license for violating the provisions of this law three times in one year, the food safety supervision and administration department shall order him to suspend production and business until the license is revoked.

How much is the fine for the expiration of the food business license.

If the food business license is still operating during the expiration period, it will be regarded as the result of operating without a license or license

1. Article 84 of the Food Safety Law violates the provisions of this law by engaging in food production and business activities without permission, or producing food additives without permission, the relevant competent departments shall confiscate the illegal gains in accordance with their respective responsibilities and division of labor.

2. Illegal production and operation of food, food additives and tools, equipment, raw materials and other items used in illegal production and operation; If the value of food or food additives illegally produced or operated is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed.

3. If the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed.

How to renew the food business license when it expires?

According to Article 29 of the "Measures for the Administration of Food Business Licenses", if a food business operator needs to continue to maintain the validity period of the food business license obtained in accordance with the law, it shall apply to the food and drug supervision and administration department that originally issued the license 30 working days before the expiration of the food business license.

Proceed with the issuance of the necessary materials for the food business license.

Article 22 food business operators need to extend the validity period of the food business license, should apply to the original licensing authority ten days before the expiration of the validity period to renew the "food business license".

For those who apply for renewal of the license, the number of the "Food Business License" after renewal remains unchanged, but the year of issuance of the license shall be filled in according to the actual situation, and the validity period shall be recalculated.

Legal Analysis: If it is found that food producers and traders have been ordered to suspend production and business, or have been punished other than revocation of licenses for violating the provisions of this law three times in one year, they will be reviewed and decided to file a case. In cases that are filed, designate a designated person to be responsible, promptly organize the investigation and collection of evidence, and those who have an interest in the parties shall recuse themselves.

There shall be no less than 2 law enforcement personnel, and during the investigation, they shall present their law enforcement certificates, hear the parties' arguments and make records. Law enforcement officers keep the relevant secrets. Review the case investigation report, conduct a review of the facts of the case's violations, evidence, procedures for investigating and collecting evidence, application of law, types and ranges of punishments, and the parties' statements and defenses, and put forward opinions on how to handle them.

Before an administrative punishment decision is made, an "Administrative Punishment Notice" is to be drafted and served on the parties, informing them of the facts of the violation and their rights to make statements and defenses. Where the provisions on hearings are met, a "Notice of Administrative Punishment Hearing" is drafted and served. Draft an administrative punishment decision document, indicating content such as the administrative punishment notice, the parties' statements and defenses, or the circumstances of the hearing.

The administrative punishment decision is to be served on the parties in the manner prescribed by law.

Legal basis: Article 134 of the Food Safety Law of the People's Republic of China If a food producer or trader is ordered to suspend production and business or revoke its license for violating the provisions of this Law three times in one year, the food safety supervision and administration department shall order it to suspend production and business until the license is revoked.

Legal analysis: For a total of three times, the food and drug administration department ordered the suspension of production and business, until the license was revoked.

Legal basis: Article 134 of the Food Safety Law of the People's Republic of China If a food producer or trader is ordered to suspend production and business or revoke the license for violating the provisions of this law three times in one year, the food and drug supervision and administration department shall order the suspension of production and business until the license is revoked.