In what name do operators carry out business activities, the degree of punishment by law enforcement departments is different from the severity of illegal acts.
1, the industrial and commercial department is responsible for investigating unlicensed food and beverage outlets.
Article 14 of the Measures for Investigating and Banning Unlicensed Operation stipulates that "unlicensed operation shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes; If it is not serious enough for criminal punishment, it shall be fined not more than 20,000 yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; If unlicensed business endangers human health, has major security risks, threatens public safety and destroys environmental resources, tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed business shall be confiscated, and a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed. "
2, the food and drug supervision and management department is responsible for handling the hotel without the "food and beverage service license" illegal behavior. Article 84 of the Food Safety Law stipulates, "Anyone who, in violation of the provisions of this Law, engages in food production and marketing activities without permission or produces food additives without permission shall be confiscated by the relevant competent departments according to the division of responsibilities, including illegal income, food and food additives produced and marketed illegally, and tools, equipment, raw materials and other items used for illegal production and marketing; If the value of food and food additives illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed. "
Question 2: How to punish unlicensed operation in catering industry? Which departments are responsible for implementation? Warning, reissue. If the warning is invalid and it is not reissued, a fine will be imposed. The amount of fine depends on the size of your food and beverage.
By industry and commerce.
Question 3: How much will the restaurant be fined if it opens before its business license is completed? 1, opening a snack bar for one month without a business license and catering service license will be punished.
2. There is no need to be punished for engaging in catering business activities without business license and catering service license. First, if you are found or reported during the inspection by the industrial and commercial bureau, some places will order you to make corrections first (or notify you within a time limit). If you still fail to apply for the business license and catering service license within the prescribed time limit, they will punish you; Some places directly investigate you and finally punish you. Because it is not a necessary procedure stipulated in the Food Safety Law and the Measures for Investigating and Banning Unlicensed Business to issue a notice to order correction. Second, if you are not reported or found by industrial and commercial law enforcement officers in the course of business operation, you will not be punished.
Question 4: How to punish unlicensed operation in catering industry? Which departments are responsible for implementation? Without a license, a fine of more than 30% and less than 50% of the turnover shall be imposed, which shall be executed by the industry and commerce.
Operating without a license belongs to industrial and commercial punishment.
Question 5: How to punish restaurants that operate for one month without a license, how much is the fine for operating without a license, and impose administrative penalties according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
1. Article 14 of the Measures for Investigating and Banning Unlicensed Operation stipulates: 1. Operating without a license shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated;
2. Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of causing accidents by dangerous goods or other crimes;
3, is not serious enough for criminal punishment, and impose a fine of 20 thousand yuan;
4, unlicensed behavior, serious social harm, ranging from 20 thousand yuan to 200 thousand yuan fine;
5. If unlicensed operation endangers human health, has major security risks, threatens public safety and destroys environmental resources, tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation shall be confiscated, and a fine of 50,000 yuan to 500,000 yuan shall be imposed.
6, the punishment of unlicensed behavior, laws and regulations, from its provisions.
2. Article 225 of the Criminal Law, if the crime of illegal business operation violates the provisions of the state and disrupts the market order, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
Three. Criteria for filing a case for the crime of illegal business operations Those who engage in other illegal business operations have one of the following circumstances:
1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;
2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan;
3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment twice or more for the same illegal business operation within two years, and the same illegal business operation has been implemented;
4. Other serious circumstances.
Question 6: How to punish the illegal act of engaging in catering services without obtaining a catering service license? Article 37 of the Supervision Measures clearly stipulates the punishment for operating catering services without a license, that is, according to Article 84 of the Food Safety Law, the food and drug supervision department shall confiscate the illegal income of the perpetrator, the illegally operated food, food additives and tools, equipment, raw materials and other items used for illegal operation; If the value of illegal food and food additives is less than 1 10,000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.
In addition to the unlicensed operation directly recognized, investigate and deal with the following situations that have not obtained the catering service license: changing the catering service business address, license category and remarks without authorization; "Catering Service License" is still engaged in catering services beyond the validity period; Using the transferred, altered, lent, resold or leased catering service license, or using the illegally obtained catering service license to engage in catering services in other forms.
What measures can food and drug supervision departments take when performing their supervisory duties?
The food and drug supervision department is the executive body of food safety supervision of catering services. The food and drug supervision department may take the following measures when performing its supervisory duties according to the provisions of Article 77 of the Food Safety Law: First, enter the business premises of catering service providers (places directly or indirectly related to food processing and sales, including food processing and catering places) for on-site inspection; The second is to sample the food produced, processed and sold by catering service providers; The third is to consult and copy the relevant contracts, bills, account books and other relevant materials of catering service providers; The fourth is to seal up and detain foods, illegally used food raw materials, food additives, food-related products and tools and equipment used for illegal operation or pollution; The fifth is to seal up places that illegally engage in catering service business activities.
Question 7: Can restaurants operate without a license be under the jurisdiction of the industrial and commercial departments? Q: Article 29 of the Food Safety Law stipulates: "The state practices a licensing system for food production and operation. Engaged in food production, food circulation and catering services, food production licenses, food circulation licenses and catering service licenses shall be obtained according to law. " For operators who violate the provisions of this Article without obtaining a license, the corresponding penalty clause is Article 84: "Those who engage in food production and marketing activities or produce food additives without permission in violation of the provisions of this Law shall, according to their respective functions and duties, have their illegal income, illegally produced and marketed food and food additives and tools, equipment, raw materials and other articles used for illegal production and marketing confiscated; If the value of food and food additives illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed. " The "unauthorized" referred to in Article 84 obviously refers to the license, excluding the business license. The industrial and commercial departments shall not punish the operators who have not obtained the catering service license in accordance with the provisions of this article. However, the Food Safety Law does not stipulate that a business license should be obtained, so we cannot apply the Measures for Investigating and Banning Unlicensed Business, because Article 2 of the Measures stipulates that "no unit or individual may engage in unlicensed business in violation of laws and regulations", so we cannot find out the laws and regulations that unlicensed catering operators should apply for a business license. On this basis, some law enforcement officers in China believe that the Food Safety Law does not stipulate the punishment for operating restaurants without a license. According to the principle of "division of responsibilities of relevant competent departments", restaurants should obtain catering service licenses, and unlicensed restaurants should be punished by the Food and Drug Administration. So industry and commerce have no jurisdiction. The same problem is that the industrial and commercial departments cannot punish operators who engage in food production without a license. A: This understanding is one-sided. Although the Food and Drug Administration can punish the operators who have not obtained the catering service license according to Article 84 of the Food Safety Law, the industrial and commercial authorities can also exercise jurisdiction over the operators engaged in unlicensed catering business within their jurisdiction, and can also impose administrative penalties on the catering operators who have not obtained the business license. The decision of administrative punishment for unlicensed catering operators can be roughly expressed as follows: after verification, the fact that the parties engaged in catering business activities without a license was omitted. The above acts of the parties engaged in catering business activities shall comply with the provisions of the second paragraph of Article 20 of the Regulations for the Implementation of the Food Safety Law. "Other food producers and operators shall go through industrial and commercial registration after obtaining the corresponding food production license, food circulation license and catering service license according to law." You can engage in business activities only after handling the catering license and industrial and commercial registration, which violates Article 2 of the Measures for Investigating and Banning Unlicensed Business. "No unit or individual may engage in unlicensed operation in violation of laws and regulations." Unlicensed operation stipulated in Item (1) of Paragraph 1 of Article 4 of the Measures for Investigating and Banning Unlicensed Operation. According to Article 14 of the Measures for Investigating and Banning Unlicensed Business, the illegal income was confiscated and a fine of xxxx yuan was imposed. Operators engaged in food production without a license shall also be dealt with according to the above principles.
Question 8: How to punish the unlicensed operation of restaurants? How can I complain? I can't complain
Question 9: How to deal with unlicensed catering services? According to the provisions of Article 84 of the Food Safety Law, if catering services are operated without a license, the food and drug supervision department shall confiscate the illegal income, illegally operated food, food additives and tools, equipment, raw materials and other items used for illegal operation; If the value of illegal food and food additives is less than 1 10,000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.
Question 10: does the industrial and commercial bureau have the right to punish unlicensed catering or food production? Yes! Industrial and commercial handling: business license, health (food and drug administration) handling: health permit. Industry and commerce can cooperate with health bureau, fire protection, environmental protection, local tax and national tax. If the food is unqualified, you can apply for an investigation, and the police will come forward, which problem will come! Fine, detention, heavy sentence!
Generally, the new opening will be notified in the store, and you can handle it according to his requirements!