China Economic Network Beijing, December 16, 2016 Recently, the Shenzhen Municipal Market Supervision and Administration Bureau issued two administrative penalty decisions showing that two stores of Starbucks Coffee (Shenzhen) Co., Ltd. were warned due to food safety issues.
Among them, the administrative penalty decision issued on December 13 shows that the Shiyan Xingcheng branch of Starbucks Coffee (Shenzhen) Co., Ltd. was suspected of failing to store expired food in accordance with the regulations and was filed, and the Shenzhen Municipal Market Supervision and Administration Bureau warned it in accordance with Article 126 of the Food Safety Law of the People's Republic of China and Article 69 of the Regulations on the Implementation of the Food Safety Law of the People's Republic of China.
In addition, the administrative penalty decision issued on December 14 showed that the Dameisha Outlet Branch of Starbucks Coffee (Shenzhen) Co., Ltd. was suspected of imperfect labeling of food processing raw materials, and the existence of pollution sources in the food processing area was filed, and the Shenzhen Municipal Market Supervision and Administration Bureau warned it in accordance with Article 124 of the Food Safety Law of the People's Republic of China.
Article 124 of the Food Safety Law of the People's Republic of China stipulates: In violation of the provisions of this Law, in any of the following circumstances, which do not constitute a crime, the food safety supervision and management department of the people's government at or above the county level shall confiscate the illegal gains and food and food additives illegally produced and traded, and may confiscate the tools, equipment, raw materials and other articles used for illegal production and operation; , and shall also impose a fine of not less than 10 times but not more than 20 times the value of the goods; if the circumstances are serious, the license shall be revoked:
(1) Producing and trading pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other polluting substances, as well as foods and food additives with substances harmful to human health that exceed the limits of food safety standards;
(2) Producing food or food additives with food raw materials or food additives that have exceeded the shelf life, or dealing in the above-mentioned foods or food additives;
(3) Producing and trading food that uses food additives beyond the scope or limit;
(4) Producing and operating food or food additives that are spoiled, rancid, moldy, unclean, mixed with foreign bodies, adulterated, or have abnormal sensory characteristics;
(5) Producing and operating foods or food additives that are marked with false production dates, shelf life, or exceeding the shelf life;
(6) Producing and trading health foods, formula foods for special medical purposes, and infant formula milk powder that are not registered in accordance with regulations, or failing to organize production in accordance with technical requirements such as registered product formulas and production processes;
(7) Producing infant formula milk powder by means of sub-packaging, or the same enterprise producing different brands of infant formula milk powder with the same formula;
(8) Using new food raw materials to produce food, or producing new varieties of food additives, failing to pass the safety assessment;
(9) Food producers and traders refuse to recall or stop business after the food safety supervision and management department orders them to recall or stop business.
Except in the circumstances provided for in the preceding paragraph and articles 123 and 125 of this Law, whoever produces or trades food or food additives that does not conform to laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph.
Where new varieties of food-related products are produced, fail to pass the safety assessment, or food-related products are produced that do not meet food safety standards, the food safety supervision and management department of the people's government at the county level or above shall give punishment in accordance with the provisions of paragraph 1.
Article 126 of the Food Safety Law of the People's Republic of China stipulates: In any of the following circumstances in violation of the provisions of this Law, the food safety supervision and management department of the people's government at or above the county level shall order corrections and give a warning; if it refuses to make corrections, it shall be fined not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, it shall be ordered to stop production and business until the license is revoked:
(1) Producers of food or food additives fail to follow provisions to inspect the purchased food raw materials and the food and food additives produced;
(2) Food production and trading enterprises fail to establish a food safety management system in accordance with regulations, or fail to allocate, train or assess food safety management personnel in accordance with regulations;
(3) Producers and traders of food and food additives fail to inspect the license and relevant supporting documents when purchasing goods, or fail to establish and comply with the system of purchase inspection records, factory inspection records and sales records in accordance with regulations;
(4) Food production and trading enterprises have not formulated a plan for handling food safety accidents;
(5) Tableware, drinking utensils, and containers containing food for direct consumption that have not been washed, disinfected, or unqualified for cleaning and disinfection before use, or catering service facilities and equipment that have not been regularly maintained, cleaned, or verified in accordance with regulations;
(6) Food producers and traders arrange for persons who have not obtained health certificates or who suffer from diseases that hinder food safety as prescribed by the administrative department of health under the State Council to engage in work that comes into contact with food for direct consumption;
(7) Food business operators fail to sell food in accordance with the requirements of the regulations;
(8) Health food production enterprises fail to file with the food safety supervision and management department in accordance with regulations, or fail to organize production in accordance with technical requirements such as product formulas and production processes for the record;
(9) Infant formula food production enterprises have not filed food raw materials, food additives, product formulas, labels, etc. with the food safety supervision and management department;
(10) Special food production enterprises fail to establish a production quality management system and operate effectively in accordance with regulations, or fail to submit self-inspection reports on a regular basis;
(11) Food producers and traders fail to regularly inspect and evaluate the food safety status, or the production and operation conditions change and fail to deal with them in accordance with regulations;
(12) Schools, childcare institutions, pension institutions, construction sites and other centralized dining units fail to perform food safety management responsibilities in accordance with regulations;
(13) Food production enterprises and catering service providers fail to formulate and implement production and business process control requirements in accordance with regulations.
Where centralized disinfection service units for tableware and drinking utensils violate the provisions of this Law by using detergents or disinfectants, or tableware or drinking utensils leaving the factory are not inspected in accordance with regulations and are accompanied by a certificate of conformity for disinfection, or fail to mark relevant contents on independent packaging in accordance with regulations, the health administrative department of the people's government at the county level or above shall give a punishment in accordance with the provisions of the preceding paragraph.
Where producers of food-related products fail to inspect the food-related products produced in accordance with regulations, the food safety supervision and management departments of people's governments at or above the county level shall give penalties in accordance with the provisions of paragraph 1.
Where sellers of edible agricultural products violate the provisions of Article 65 of this Law, the food safety supervision and management departments of people's governments at the county level or above shall give punishment in accordance with the provisions of paragraph 1.
Article 69 of the Regulations on the Implementation of the Food Safety Law of the People's Republic of China stipulates that in any of the following circumstances, punishment shall be given in accordance with the provisions of The first paragraph of Article 126 of the Food Safety Law and Article 75 of these Regulations:
(1) Accepting the entrustment of food producers and traders to store or transport food, failing to record and preserve information in accordance with regulations;
(2) The catering service provider has not inspected or retained a copy of the business license and the disinfection certificate of the centralized disinfection service unit for tableware and drinking utensils;
(3) Food producers and traders fail to label or store spoiled, expired or recycled food in accordance with regulations, or fail to promptly take measures such as harmless treatment and destruction of the above-mentioned food and truthfully record it;
(4) Units or individuals other than medical institutions and pharmaceutical retail enterprises selling specific whole-nutrient formula foods in formula foods for special medical purposes to consumers;
(5) Mixing and selling special foods with ordinary foods or drugs.
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