Hot pot shop sells cold dishes illegally why can't hot pot shop sell cold dishes
4hw.org: many of us order cold dishes when we eat hot pot, which is not monotonous on the table. But do you know that selling cold dishes in hot pot shop is a violation of regulations. Recently, a hot pot shop in Guangzhou was fined for selling cold dishes, and felt very aggrieved, so why does hot pot shop sell cold dishes in violation of regulations?
Hot pot shop sold cold dishes such as "clap cucumber", "green pepper and preserved egg" in 21 days, earned 139 yuan, and attracted a notice of administrative penalty of 10000 yuan! Recently, a hot pot shop in Huangpu District of Guangzhou was informed of administrative penalty of 10000 yuan and confiscated 139 yuan of illegal income due to selling cold dishes beyond the permitted scope. The circular was circulated among friends and caused heated discussion. The Huangpu food and Drug Administration said that there was no problem with the punishment in accordance with the law and regulations.
● analysis of out of scope business should be punished
In real life, almost every restaurant will sell cold dishes at the same time of selling hot dishes, which is rarely punished. The hotpot shop only made 139 yuan from selling cold dishes such as' clapping cucumbers' and was fined 10000 yuan as a result. It seems that the law enforcement department is creating difficulties in the hotpot shop. However, from a legal point of view, it is not wronged or wronged to be punished for selling "clapping cucumbers" in hotpot stores. The functional departments are completely administrated in accordance with the law, which is not considered to be the creation of tyranny of power.
The key to which dishes hot pot stores can sell to customers and whether they can sell cold dishes such as' clapping cucumbers' depends on the clear business scope of the catering service license obtained by hot pot stores. The hot pot restaurant's "catering service license" does not include cold dishes, but still produces and sells cold dishes such as' clapping cucumbers', which is obviously a business behavior beyond the scope of the license. I'm afraid the hot pot restaurant knows this.
Moreover, although it seems safe to cook hot dishes in restaurants, there will be no problem with cold dishes. But at the legal level, there are different requirements. "Food safety supervision and management measures for catering services" stipulates that "cold dishes shall meet the requirements of special person in charge, special room for making, special tools, special disinfection and special refrigeration", and "food safety operation specifications for catering services" also stipulates that "special rooms shall be set for cold dishes preparation, flower mounting operation and food sub packaging operation respectively", "cold dishes room and flower mounting room shall be set with special rooms" When the hotpot shop does not meet these conditions, it can not make and sell cold dishes, and the business scope of the obtained catering service license cannot include cold dishes. Because there is a risk of food safety and hygiene, even if it is low.
Food safety is no small matter. Hotpot restaurants and other hotels, not only want to sell hot dishes, but also do not want to lose the profits of cold dishes, so they should be equipped with personnel and operation rooms to make cold dishes according to law, so as to provide safe and healthy cold dishes for diners. On the other hand, the supervision of functional departments on food safety can not simply see whether it exceeds the scope of business, and the focus should be on food safety and health. (He Yong)
● more detailed reasons can avoid misunderstanding
Seeing this news, many people will wonder why hot pot stores sell cold dishes illegally and abuse their law enforcement power. Moreover, they only sell cold dishes for 139 yuan, and the fine is as high as 10000 yuan. Will it be a little too heavy? The reason why people have these problems is that they can't understand the relevant laws and regulations, don't know the business scope of catering enterprises is limited, and not all foods can be produced and sold. Once Exceeding the permitted items belongs to illegal operation and should be punished according to law.
According to the regulations of the state on catering enterprises, the prerequisite for processing cold dishes is that the "catering service license" of the catering store must indicate "including cold dishes", indicating that "excluding cold dishes" is not allowed to be sold. It can be seen that the hot pot store's "food business license" does not contain cold dishes, but produces and sells a number of cold dishes, which has been a violation of regulations, and the punishment is justified. After all, food safety is a major issue, involving everyone's vital interests. It is necessary to ensure safe, hygienic and compliant operation, so that consumers can eat safely. At the same time, it is also in line with the principle of strict control of food safety to impose heavy punishment on 'hot pot stores selling cold dishes illegally', so as to raise the illegal cost and achieve the warning effect, thus forming the backwardness effect.
From a scientific point of view, the shelf life of cold dishes is short, and they are often sold on the spot. Especially in summer, the temperature is high, which is easy to breed bacteria, corruption and deterioration. If the hygienic conditions are not up to the standard, and they are not kept at low temperature, it may cause the cold dishes to be infected and deteriorated, which will affect the health of the consumers.
In fact, due to the illegal production and sale of cold dishes, there are many cases of diners' diarrhea, poisoning, and other related punishment cases, but ordinary people do not pay attention. In addition, the punishment notice is not described in detail. Only by simply writing the reasons for punishment and listing the relevant legal provisions can people feel confused and misunderstood.
Therefore, the regulatory authorities should also take this opportunity to popularize the license scope of catering enterprises to the public, and explain why cold dishes need special permission, which can not only enhance the public's understanding of relevant laws and regulations, but also achieve the effect of popularizing food safety knowledge. Why not?
● it's important to reflect on licensing and not forget regulation
When eating hot pot, it's normal to order some cold dishes such as "clap cucumber" and "appetizer fungus". Few people will think that this is not a simple thing.
According to industry insiders, because of processing technology problems, compared with other food production, cold dish production is easy to 'crash'. Therefore, for the production of cold dishes, not only permission is needed, but also regulations are issued in many places, and the production of cold dishes should meet certain conditions. "Food safety is greater than the sky", which reflects the spirit of responsibility for consumer safety, should not be ignored.
But I think that how to make management more scientific and humanized should be a problem worthy of consideration. From the perspective of traditional regulatory thinking, the finer the regulation, the better. However, in the process of maintaining food safety, businesses are not passive, nor should they be passive. Therefore, we should try to give full play to the initiative of businesses. An important direction of modern regulatory thinking is to enhance the self-consciousness and initiative of businesses.
A long-term business should not neglect food safety. But how to make them better maintain food safety, the establishment of standards is certainly on the one hand, but on the other hand, there should be more mechanisms to serve businesses and mobilize their enthusiasm.
To be sure, some businesses can't rely on their self-consciousness under the mercenary plan, which requires the relevant departments to strengthen supervision. However, a licensed business, when applying for certificates, often passes the examination of relevant departments at all levels, and will face the supervision of relevant departments in the production and operation at ordinary times. Therefore, license is very important, but if we can provide more convenient license application services and strengthen supervision, will it be better?
'people's yearning for a better life is our work goal'. This spirit is not only reflected in the field of people's livelihood, but also a comprehensive requirement for all work. From this point of view, there should be a new thinking in examining the event of "taking cucumber and being punished". It is necessary to comprehensively review the traditional regulatory thinking and practices. If there is a violation of consumers, then bold management, bold punishment. But at the same time, the food safety of businesses depends not only on whether they have obtained the license, but also on the strict supervision at ordinary times, because obtaining the license does not mean certain safety.
● support the wrong operators
The reason why this news has become the focus of netizens' attention is that a local self-Media made a very eye-catching title when disseminating this news, "shoot cucumbers" was fined 10000 yuan. It's because of the definition of "ten thousand yuan will be fined to shoot cucumbers" that widespread attention has been paid. Some people say that if you sell a cucumber, you will be fined 10000 yuan. The management department is nitpicking. Is it the defect? In fact, the defect is not the management department.
First of all, this is confusing. In fact, it's not that the hotpot shop was fined 10000 yuan for "shooting cucumbers", but that the hotpot shop exceeded its business scope. Many hotpot stores did not apply for the business license, but only for the hotpot. Therefore, this hotpot restaurant was punished not for "taking pictures of cucumbers", but for operating "cold dishes that you can't manage".