Is it illegal to have expired food that has not been put on the shelves and has been sealed?

It's not that all expired food is illegal, it's up to you to see if it's used in the wrong way.

Expired food is not illegal as long as it is not sold.

1. Shelf life of food.

For example, under the premise of meeting the storage requirements, the data of a food laboratory is 100 days to meet the ultra-safe standard of bacteria, but the manufacturer will leave some insurance factors and mark the shelf life as 60 days in order to avoid the distributor or customer not keeping it according to the required conditions. So did it go bad on the 61st day?

What about 70 days? In fact, it is still edible. (But it's illegal to sell it).

2. Many businesses will solve the problem of food that has exceeded the shelf life, but can actually be edible. For example, the bakery is made and sold freshly, and the shelf life requirement is 1 day because there are no antibacterial measures. Therefore, the unsold items of the day are given to employees for dinner or taken home to eat.

In fact, the employees know that these breads are edible, and they can take them home and put them in the refrigerator to eat them within two or three days. This is not illegal either.

3. Some foods are feasible to process. For example, the fresh meat is not sold, it looks bad, but it is not bad, and it can be sold as bacon after pickling, as long as the bacon meets the relevant safety standards, it is not illegal.

4. If the amount of expired food is large and cannot be processed, it can be reused. For example, corn that was originally intended for people to eat, expired or even insected, can be unified and processed into livestock feed, which is not illegal. For example, leftovers collected by restaurants, if they are sold to guests, it will definitely be illegal; But it is not illegal to sell to pig farms every day to feed pigs.

Back to your question, if expired food is placed in the warehouse without **, it is not illegal.

Even if it is sold, it is not illegal to sell it not according to its original use, but to a processing enterprise or an enterprise that has changed its purpose as shown in Article 3 4 above.

If the departments of industry and commerce, inspection, food and drug and other departments find that there is expired food in the warehouse, as long as the enterprise can prove that the expired food is a low-standard industry mentioned in Article 3 and 4 (of course, it must also meet the standards of this low-standard industry), or can prove that the expired food has a complete way to destroy. There will be no penalty.

It is not illegal to put expired food in the warehouse without **, and only **expired food is illegal.

Expired food is placed in the warehouse, as long as it is no longer used as normal food**, it will not constitute an illegality. However, if the relevant authorities inspect or are reported, it must be explained to the relevant personnel.

It is not illegal to put expired food in the warehouse without selling it.

Legal analysis: If the expired products are not removed from the shelves in time, the competent authorities will confiscate the illegal gains, the food produced and operated illegally, and the tools, equipment, raw materials and other items used for illegal production and operation in accordance with their respective responsibilities and division of labor. where the value of food illegally produced or traded is less than 10,000 yuan, a fine of between 2,000 and 50,000 yuan shall be imposed; 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; and where the circumstances are serious, the license is revoked.

Legal basis: Article 123 of the Food Safety Law of the People's Republic of China In violation of the provisions of this law, in any of the following circumstances, which does not constitute a crime, the food safety supervision and management department of the people's food at or above the county level shall confiscate the illegal income and the food produced and operated illegally, and may confiscate the tools, equipment, raw materials and other items used for illegal production and operation; 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 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; where the circumstances are serious, the license 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: (1) using non-food raw materials to produce food, adding chemical substances other than food additives and other substances that may endanger human health to food, or using ** food as raw materials to produce food, or dealing in the above-mentioned food; (B) the production and operation of staple and supplementary food for infants and young children and other specific groups of people whose nutritional composition does not meet food safety standards; (3) Dealing in poultry, livestock, animal or aquatic animal meat that has died of illness, poisoning, or unknown causes, or the production and operation of products thereof; (4) Dealing in meat that has not been quarantined or has failed to pass quarantine in accordance with regulations, or has produced or operated meat products that have not been inspected or have failed to pass inspection; (5) The production and operation of food that the state expressly prohibits the production and operation of for special needs such as disease prevention; (6) Producing and selling food with added drugs.

Knowing that the illegal acts provided for in the preceding paragraph are still provided with production and business premises or other conditions, the people's food safety supervision and management department at or above the county level shall order them to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan; Where the lawful rights and interests of consumers are harmed, they shall be jointly and severally liable with the food producers and traders. Those who illegally use highly toxic or highly toxic pesticides may be detained by the public security organs in accordance with the provisions of the first paragraph, in addition to being punished in accordance with the provisions of relevant laws and regulations.

Legal analysis: (1) If the shelf life is less than one month, the commodity department must remove the shelves one day in advance; (2) If the shelf life is less than six months, the commodity department shall remove it from the shelves 5 days in advance; (3) If the shelf life is less than one year, the commodity department must remove it 10 days in advance; If the shelf life is more than one year, the commodity department must remove it 15 days in advance; (5) If the manufacturer has other processing time requirements, it shall be removed from the shelves according to the date agreed by the manufacturer.

Article 23 of the Measures for the Supervision and Administration of Food Safety in Circulation Links shall establish and implement a food delisting system. If a food business operator finds that the food it handles does not meet the food safety standards, it shall immediately stop its operation, remove it from the shelves and store it separately, notify the relevant producers, operators and consumers, and record the cessation of operation and the notification, and report the relevant situation to the administrative authority for industry and commerce in the jurisdiction.

If a food business operator fails to stop operating food that does not meet food safety standards in accordance with the provisions of the preceding paragraph, the administrative organ for industry and commerce may order it to stop operating.

Legal analysis: If the food business exceeds the shelf life, the relevant competent departments shall, in accordance with the division of duties, confiscate the illegal gains, the food illegally produced and sold, as well as the tools, equipment, raw materials and other items used for illegal production and operation. If the value of illegally sold food 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.

Legal basis: Article 85 of the Food Safety Law of the People's Republic of China Article 85 In any of the following circumstances, the relevant competent departments shall confiscate the illegal gains in accordance with their respective responsibilities and division of labor, and illegally produce and operate food and illegal production tools, equipment, raw materials and other items; If the value of illegal production and operation of food is less than 10,000 yuan, a fine of 2,000 yuan to 50,000 yuan will be imposed; The value of the goods exceeds 10,000 yuan, and the value of the goods is between five and ten times; If the circumstances are serious, the license will be revoked: (1) using non-food raw materials to produce food, or adding chemical substances other than food additives to food and other substances that may endanger human health, or using recycled food as raw materials to produce food; (2) The production or sale of food contains pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances endangering human health that exceed food safety standards; (3) Producing and selling staple foods and supplementary foods for infants and young children and other specific groups whose nutritional content does not meet food safety standards; (4) Foods that are spoilage, rancid, filthy, filthy, foreign, adulterated, or spoiled by sensory characteristics;

5) Dealing in meat products of poultry, livestock, animals, or aquatic animals whose cause of death is unknown, or producing or selling meat products of poultry, livestock, animals, or aquatic animals whose cause of death is unknown or whose cause of death is unknown;

6) Dealing in meat that has not been quarantined by the animal health supervision authority, or producing and trading meat products that have not been inspected;

7) Dealing in food beyond the shelf life;

8) Foods that are prohibited from being produced and sold for special needs such as the prevention of disease;

9) The use of new food raw materials to engage in food production or the production of new varieties of food additives and food-related products without safety assessment;

10) Food producers and traders refuse to recall or stop operating food that does not meet food safety standards after being ordered by the competent department to recall or stop trading.

However, in reality, there are often villains in Yanxun, such as "profiteers" who sell expired food, who do not think about the health of the people, but are mercenary. Next, I will introduce you to the relevant knowledge, and you are welcome to read it.

How to punish the sale of expired food

In accordance with the provisions of Article 124 of the Food Safety Law of the People's Republic of China, the sale of expired food violates the provisions of this law in any of the following circumstances, and does not constitute a crime, the people's food safety supervision and management department at or above the county level shall confiscate the illegal gains and illegal production and operation of food, food additives, and may confiscate the tools, equipment, raw materials and other items used for illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of between 10 and 20 times the value of the goods shall be imposed; and where the circumstances are serious, the license is revoked.

According to the above, the state is strict in the rectification of the food industry, putting people's health in the first place, so when consumers find that they have purchased expired food, they should promptly complain to the relevant departments, ask for reasonable compensation from the merchants, and actively protect their own rights and interests.

The above is the legal knowledge about food safety introduced to you today, I believe that after reading this, you have begun to attach great importance to food safety, if you need to protect your legitimate rights and interests.