Fined 1The 50,000 yuan steamed bun shop has already obtained three permits. The first is a business license, which indicates that the steamed bun shop has the qualifications of a market entity. The second is the "Food Business License", which is licensed to include the production and sale of hot food, limited to staple food productsSales of pre-packaged foods, including refrigerated and frozen foods. The third is the "Beijing Small-scale Food Production and Operation License", which is licensed for the production and sale of hot food (limited to staple food products). Therefore, the license obtained by this steamed bun shop is to produce and sell hot food, but only staple food products.
Article 10 of the Beijing Municipal Measures for the Administration of Food Business Licenses (for Trial Implementation) stipulates that food business items are divided into ten categories, and the fifth category is related to the steamed bun shop involved in the case, and the original text is "production and sale of hot food food;The production and sale of hot food is limited to staple food products, cooked meat products, soy products, and candy productsHot food is produced and sold, limited to semi-finished products".
The market supervision authority believes that the license obtained by the steamed bun shop is a "limited staple food product" in the production and sale of hot food, and has not obtained a license for the production and sale of "soy products". Therefore, the focus of controversy in judging whether the punishment in this case is legal is whether the production and sale of hot food should include soy products, that is, whether the production and sale of hot food should be subdivided into staple food products, cooked meat products, soy products, and candy products. In this regard, we analyze it from two perspectives.
1. From the point of view of the textual expression, the symbol used in this paragraph is a semicolon, indicating that there should be three categories of semicolons in parallel. Since it is a separate category, the second category should not be subdivided into four categories. The market supervision authority's separate licensing of staple food products and soy products should not conform to the original meaning of the "Beijing Food Business Licensing Management Measures (Trial)".
Second, from the perspective of the rules and regulations of the higher-level departments, hot food should not be subdivided.
Beijing Food Business Licensing Management Measures (Trial) is based on the State Food and Drug Administration's "Food Business Licensing Management Measures", although the latter authorities have been revoked, but the management measures formulated by it are still valid. The measures are also Article 10 of the classification of food business licenses, marked by a semicolon, divided into two categories, hot food belongs to the second category, that is, "hot food production and sales, cold food production and sales, raw food production and sales, pastry food production and sales, homemade drinks production and sales". Here, hot food is juxtaposed with cold food and raw food, and is not subdivided into staple food products, cooked meat products, soy products, and candy products.
At the same time, Article 7 of the Measures stipulates that "the State Food and Drug Administration is responsible for formulating the general rules for the review of food business licenses." The local food and drug supervision and administration departments at or above the county level shall comply with the general principles of food business license review when implementing the review of food business licenses. "According to the general rules for the review of food business licenses, the local food regulatory authorities should not have the power to subdivide the types of hot foods.
To sum up, the punishment of the steamed bun shop and the sale of tofu brains should be a mechanical law enforcement, which is not legal, and of course it is not reasonable. It is inevitable to trigger ***.
Of course, ** does not mean that it is correct. For example, the unit canteen also needs to apply for a business license to provide food at zero profit, otherwise, it will also be punished, which will also cause heated noise. At a time when the level of food safety in China is not high, it is legitimate and necessary to stipulate that all food operations must apply for licenses. But it is definitely a good thing to let go of ** and let the masses discuss, because life practice is the best teacher of law popularization.