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The food production license indicated on the label.
number has expired, and there can be two scenarios:
First, the production date is in front and the certificate number expires later, for example, the production date of a certain product is January 1, 2021, and the shelf life.
1 year, but the production license of the product manufacturer is valid after January 1, 2021, assuming that the production license is valid until April 30, 2021, and you purchased the product on May 1, 2021, it is obvious that the product is within the warranty period, although the license of the product has exceeded the validity period, but the time of production of the product is still within the validity period, so there is no problem. However, the regulatory authority may order the enterprise to make corrections within a time limit and mark the certificate number of the newly issued food production license on the packaging of the newly manufactured product. If the company refuses to make corrections, the regulator can impose a fine.
For example, the production date of a product is January 1, 2021, and the shelf life is 1 year, but the validity period of the manufacturer's production license is until December 31, 2021. The analysis is obvious that when the product is produced, the manufacturer's license has expired, in this case, the manufacturer is not qualified to produce the product, and if it is produced, it is also illegal, according to the Food Safety Law.
Article 122: Failure to obtain food production or business in violation of the provisions of this Law.
Licensed to engage in food production and business activities, or food additives have not been obtained.
If the production license is engaged in the production of food additives, the food and drug supervision and administration department of the people's people at or above the county level shall confiscate the illegal income and the illegal production and operation of food, food additives, as well as 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.
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The penalties for the sale of expired food are:
1. The relevant competent departments shall, in accordance with their respective duties and division of labor, confiscate illegal gains, illegal production and operation of food, and tools, equipment, raw materials and other items used for illegal production and operation;
2. Where the value of food 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; 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.
Food Safety Law of the People's Republic of China
Article 85.
In any of the following circumstances, the relevant competent departments shall, in accordance with their respective duties and division of labor, confiscate illegal gains, illegally produce and sell food, and illegally produce and sell 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 is 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 and sale of food with pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances endangering human health exceeding food safety standards;
3) The production and sale of staple foods and complementary foods for infants and young children and other specific groups whose nutritional content does not meet food safety standards;
iv) Foods that are spoilage, rancid, filthy, filthy, foreign matter, foreign matter, adulteration or spoilage of 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.
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If there is no enterprise standard, or on the basis of the implementation of industry standards or national standards on the basis of product qualification, self-adhesive adhesive can be added to the packaging.
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Date of manufacture: Refers to the date on which the product was manufactured in the factory.
Legal basis: "Product Quality Law of the People's Republic of China" Article 27 The label on the product or its packaging must be true, and the product that is used within a limited period of time shall be clearly marked in a conspicuous position with the production date and safe use period or expiration date. Article 54 stipulates that the production and sales shall be stopped, and a fine of less than 30% of the value of the products illegally produced or sold shall be imposed, and if there are illegal gains, the illegal gains shall be confiscated.
Food Safety Law of the People's Republic of China Article 42 The packaging of prepackaged food should be labeled, and the label should indicate the date of production. Paragraph 2 of Article 86 provides for the confiscation of illegal gains, illegally produced or traded food, and tools, equipment, raw materials and other items used in illegal production and operation; 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 two and five times the value of the goods shall be imposed; where the circumstances are serious, order the suspension of production and business, up to the revocation of the license, and give administrative punishment.
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Article (GB7718-2011) stipulates that the date of manufacture (date of manufacture) is the date on which the food becomes the final product, and also includes the date of packaging or filling, that is, the date on which the food is loaded (filled) into the packaging or container to form the final sales unit.
Article 68 of the Food Safety Law: Food business operators selling bulk food shall indicate the name of the food, the date of production or the batch number, the shelf life, and the name and address of the producer or operator on the container and outer packaging of the bulk food.
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There are two kinds of penalties for expired food: (1) If the expired food is produced or traded, the relevant competent departments shall confiscate the illegal gains, the illegally produced and operated food, and the tools, equipment, raw materials and other items used for the illegal production and operation in accordance with their respective duties 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. (2) Where expired food is sold, in addition to claiming compensation for losses, consumers may also demand compensation of more than 10 times the price from the producer or seller.