(Schematic diagram/PIXABAY)
A man named Zhao from Nanjing City, Jiangsu Province, mainland China, led a group of hard-working workers who spontaneously organized themselves to cook together in order to save money. Unexpectedly, after the food supervision department found out, they thought it was an unlicensed operation and fined them up to 150,000 yuan (about NT$650,000). the fine can rise to 3 million yuan (about NT$13 million).
According to comprehensive reports in the mainland media, Brother Zhao led 20 workers to work in Nanjing. Due to high local prices, the workers were reluctant to spend a lot of money ordering takeout, and eating became a problem. Brother Zhao came up with an idea to rent a house, cook and eat together, and share the costs. One of the workers used to be a chef, so he volunteered to cook and make a menu for everyone to choose from. This way, he not only saved money, but also had good food.
Unexpectedly, the food supervision department received a report saying that they did not have a food business license and were operating illegally. The workers explained that they were only cooking and eating for themselves and were not open to the public, but the supervisory authorities did not listen and issued a fine of 150,000 yuan. Brother Zhao was not willing to pay the fine, and the regulatory authorities threatened that if he did not pay the fine, he could be fined 3 million yuan. Brother Zhao was so angry that he took the Food Supervision Bureau to court directly, demanding that the fine be revoked and that the Food Supervision Bureau apologize.
According to the Food Safety Law of the People’s Republic of China, relevant licenses are required to engage in food production and business activities. The key question is whether the activities of Brother Zhao and the workers are “food business.” If it is proven that they only eat together and do not provide food services to outsiders, then this type of activity may not fall within the scope of a food business and therefore does not require a business license food on it.
According to the “Administrative Punishment Law of the People’s Republic of China”, administrative agencies must ensure the legality and appropriateness of the punishment when making decisions on punishment. Brother Zhao can ask the food regulatory authorities to provide sufficient evidence to prove that their activities are unlicensed operations. If regulators cannot provide sufficient evidence, penalties may be inappropriate. In the end, the court agreed to Brother Zhao’s lawsuit, and the Food Supervision Bureau revoked the 150,000 yuan penalty and apologized to the workers.
Mainland Nanjing and Jiangsu workers are joining
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