"Shredded Cucumber" fined, selling cold dishes also requires a license

[2] Compiled from: Red Star News
 
Recently, according to reports from several catering businesses in Zhuzhou, Hunan Province, a father and son surnamed Yan have frequently filed complaints demanding high compensation from these businesses on the grounds that they sold cold dishes such as “smashed cucumber” and “cold cucumber salad” without a license to produce and sell cold food products.

 
 

Case review
The aforementioned restaurants in Zhuzhou that were reported have jointly reported encountering "professional anti-counterfeiting claimants," and believe the related reports constitute "malicious reporting." On May 18, Zhu Jun, president of the Zhuzhou Catering Industry Association in Hunan Province, stated that representatives of the catering enterprises had signed a joint agreement refusing to "settle privately" with the Yan father and son.
 
So, what license is needed to sell cold dishes? If a restaurant produces and sells cold dishes, in addition to needing a business license, tax registration certificate, hygiene permit, and health certificates for employees, the main requirement is to add the cold food production and sales item to the scope of the food business license.
 
It is reported that to date, more than 1,000 restaurants across the country have been subject to administrative penalties for selling cold dishes such as “smashed cucumber” and “cold cucumber salad” beyond the scope of their business licenses, which do not include cold food preparation and sales. The fines range from 500 to 5,000 yuan.
 
 
The [1] The People's Republic of China Food Business License Management Measures
Article 10
An application for a food business license shall be made according to the classification of the main business type and business items of the food business operator.
 
The main business types of food operators are divided into food sales operators, catering service operators, and unit canteens. If a food operator applies for online operation, establishing a central kitchen, or engaging in group meal distribution, it shall be indicated in parentheses after the main business type.
 
Food business items include prepackaged food sales (including refrigerated and frozen food, excluding refrigerated and frozen food), bulk food sales (including refrigerated and frozen food, excluding refrigerated and frozen food), special food sales (health food, food for special medical purposes, infant formula milk powder, other infant formula food), and other types of food sales; hot food preparation and sale, cold food preparation and sale, raw food preparation and sale, pastry food preparation and sale, homemade beverage preparation and sale, and other types of food preparation and sale.
 
Specific varieties listed under other types of food sales and other types of food preparation and sale shall be implemented after approval by the China Food and Drug Administration and clearly marked. Foods that are difficult to clearly classify due to multiple conditions such as hot, cold, raw, solid, or liquid states may be classified according to the highest level of food safety risk.
 
The China Food and Drug Administration may adjust the categories of food business items as needed for supervision and management work.
 
 
[1] The author's perspective
Food safety has always been a matter of public concern, which is why laws and regulations impose strict oversight on food production and business operations. Although the “production and sale of cold food” mentioned in this case is a relatively obscure legal point, once you open for business, administrative licensing is something that must not be overlooked. Otherwise, ill-intentioned individuals may exploit this vulnerability and use it as leverage for threats.
 
It is commendable that in this case, multiple catering companies jointly refused to settle privately with the Yan father and son. Although the catering companies made administrative regulatory errors, what they should do is not cover up the mistakes but face the issues directly and have the courage to correct them. Even if they face administrative penalties, it is legally justified. However, if they bow to such unscrupulous individuals, not only will the problem remain unsolved, but it will only lead to more mistakes.