According to two administrative punishment decisions released by credit China website recently, Shanghai Starbucks Coffee Operation Co., Ltd. Wuxi Zhenze Road store and Wuxi Changxing building store use expired food raw materials and operate expired food by tampering, replacing and tearing up the shelf-life labels of prepared food raw materials; The towel wiping the food contact surface failed to achieve special use and was fined a total of more than 1.37 million yuan by Wuxi Xinwu district market supervision and Administration Bureau.
According to the administrative punishment decision (Xixin municipal supervision and Punishment [2022] 06 No. 015), Wuxi Zhenze Road store of Shanghai Starbucks Coffee Operation Co., Ltd. pays service fees and issues coupons for various sales platforms. After investigation, Xiao and Wang mouqi, the employees of the company, tampered by destroying the original labels of food raw materials and food raw materials in containers that have exceeded the shelf life and pasting new labels in order to extend the shelf life of food raw materials.
The law enforcement officers of Wuxi Xinwu district market supervision and Administration Bureau checked the in store surveillance video provided by the company. The food raw materials with tampered shelf life include chocolate liquid, Matcha liquid, black tea liquid, mocha sauce, chocolate sauce, cocoa fragments, peach flesh, vanilla syrup, cream and other 9 kinds. According to the ingredients list provided by the company, chocolate liquid can be made into classic chocolate drinks and hot cocoa steam milk; Matcha liquid can be made into Matcha latte and oatmeal Matcha latte; Black tea liquid can be made into black tea latte, black tea coffee mandarin duck; Mocha sauce can be made into Mocha, mocha star bingle and mocha cocoa fragment star bingle; Cocoa chips can be made into Matcha cocoa chips star bingle and mocha cocoa chips star bingle; Peach flesh can be made into ice shaking Peach Oolong; Vanilla syrup can be used to make caramel macchiato and oatmeal caramel macchiato; Chocolate sauce can be used to make lava black chocolate mocha and lava black chocolate mocha milk flavored star bingle; Cream is usually an additional ingredient.
Among them, the staff of the company used expired chocolate liquid to make 34 cups of classic chocolate, with a value of 1049.12 yuan and 70 cups of cocoa steam milk, with a value of 847.48 yuan; 66 cups of Matcha latte drinks were made with expired Matcha liquid, with a value of 2181.68 yuan; 76 cups of black tea latte drinks were made with expired black tea liquid, with a value of 2343.68 yuan; 43 cups of mocha drinks were made with expired Mocha sauce, with a value of 1385.68 yuan; 16 cups of ice shake Peach Oolong were made with expired peach flesh, with a value of 548.78 yuan; Two cups of creamy drinks were made with expired cream, with a value of 73 yuan; 15 cups of cocoa chips drinks were made from expired cocoa chips, with a value of 426.81 yuan; 18 cups of Macchiato drinks were made with expired vanilla syrup, with a value of 516.26 yuan; 38 cups of dark chocolate drinks were made with expired chocolate sauce, with a value of 1246.41 yuan. The total value of the above illegal acts is 10618.9 yuan, and the illegal income is 10618.9 yuan.
In addition, the operation guidelines for cleaning rags formulated by the parties specify that red cotton towels are used to clean the food contact surface, green cotton towels are used to clean the bar, and blue cotton towels are used to clean the guest area. However, according to the monitoring video of the store, employees use red cotton towels to alternately wipe the food contact surfaces such as the bar and the milk steaming stick, and green cotton towels to wipe the milk steaming stick. In the above behavior, the red cotton towels used to wipe the food contact surfaces such as the milk steaming stick failed to achieve special use.
Wuxi Xinwu district market supervision and Administration Bureau determined that the store manager Bian moudun was the main person in charge of the party and was fully responsible for the management of the store. The above-mentioned illegal acts of the party were of a bad nature and caused a wide range of adverse social effects after being exposed by the media. Bian moudun himself obtained a total income of 110500 yuan (110511.07 yuan) from the parties in 2020. Xiao, the manager on duty, and Wang mouqi, the shop assistant, were directly responsible for the above-mentioned violations, which caused a wide range of adverse social effects after being exposed by the media. Xiao's total income from the parties in 2020 was 64922.74 yuan; Wang mouqi's total income from the parties in 2020 was 0 yuan.
The above-mentioned acts violate the first paragraph of Article 33 of the food safety law. Wuxi Xinwu district market supervision and Administration Bureau issued a warning to Wuxi Zhenze Road store of Shanghai Starbucks Coffee Operation Co., Ltd. in accordance with item 13, paragraph 1, Article 126 of the food safety law; A fine of 699300 yuan (699316.56 yuan); The illegal income of 10618.9 yuan was confiscated, and the punishment date was January 29, 2022.
In addition, the decision on administrative punishment (Xixin municipal supervision and Punishment [2022] 06 No. 016) shows that on December 13, 2021, according to the media exposure of the Beijing News, the Wuxi Changxing building store of Shanghai Starbucks Coffee Operation Co., Ltd. used food raw materials beyond the shelf life and operated food beyond the shelf life. After on-site inspection, no expired food and food raw materials were found. According to the store surveillance video from October 14, 2021 to December 16, 2021, Tong mouning, an employee of the party concerned, caused the food raw materials to exceed the shelf life by tampering, replacing and tearing up the shelf life label of the prepared food raw materials, operated the pastry food beyond the shelf life, and used the red cotton towel to wipe the food contact surface such as the bar and milk steaming stick alternately. The red cotton towel failed to be used exclusively.
The above-mentioned acts violated the provisions of the first paragraph of Article 33 of the food safety law, and Wuxi Xinwu district market supervision and Administration Bureau warned them in accordance with the provisions of the thirteenth paragraph of the first paragraph of Article 126 of the food safety law; A fine of 674100 yuan (674141.86 yuan); The illegal income of 20062.04 yuan will be confiscated, and the punishment date will be January 29, 2022.
Article 33 of the food safety law stipulates that food production and operation shall meet food safety standards and the following requirements:
(1) having places for the processing of food raw materials, food processing, packaging and storage that are appropriate to the variety and quantity of food produced and operated, keeping the environment clean and tidy, and keeping a specified distance from toxic and harmful places and other pollution sources;
(2) having production and operation equipment or facilities suitable for the variety and quantity of food produced and operated, and corresponding equipment or facilities for disinfection, dressing, washing, daylighting, lighting, ventilation, anti-corrosion, dust prevention, fly, rat, insect prevention, washing, wastewater treatment and garbage and waste storage;
(3) having full-time or part-time food safety professional and technical personnel, food safety management personnel and rules and regulations to ensure food safety;
(4) having reasonable equipment layout and process flow to prevent cross contamination between food to be processed and directly imported food, raw materials and finished products, and avoiding food contact with poisons and unclean substances;
(5) tableware, drinking utensils and containers containing directly imported food shall be washed and disinfected before use, and cookers and utensils shall be washed and kept clean after use;
(6) containers, tools and equipment for storing, transporting, loading and unloading food shall be safe and harmless, kept clean to prevent food pollution, and meet the special requirements of temperature, humidity and so on required to ensure food safety. Food shall not be stored or transported together with toxic and harmful substances;
(7) non toxic and clean packaging materials, tableware, drinking utensils and containers shall be used for food directly imported;
(8) food production and marketing personnel shall maintain personal hygiene. When producing and marketing food, they shall wash their hands and wear clean work clothes and hats; When selling directly imported food without packaging, non-toxic and clean containers, selling tools and equipment shall be used;
(9) the water used shall meet the hygienic standards for drinking water set by the state;
(10) the detergents and disinfectants used shall be safe and harmless to human body;
(11) other requirements stipulated by laws and regulations.
Non food producers and operators engaged in food storage, transportation, loading and unloading shall comply with the provisions of item 6 of the preceding paragraph.
Article 126 of the food safety law stipulates that in case of any of the following circumstances in violation of the provisions of this law, the food safety supervision and Administration Department of the people's government at or above the county level shall order it to make corrections and give a warning; Those who refuse to make corrections shall be fined not less than 5000 yuan but not more than 50000 yuan; If the circumstances are serious, it shall be ordered to stop production or business until the license is revoked:
(1) the producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;
(2) the food production and business operation enterprise fails to establish a food safety management system as required, or fails to allocate, train and assess food safety management personnel as required;
(3) the producers and operators of food and food additives fail to inspect the licenses and relevant supporting documents when purchasing goods, or fail to establish and abide by the system of incoming inspection records, ex factory inspection records and sales records as required;
(4) the enterprise has not formulated a food safety disposal plan;
(5) tableware, drinking utensils and containers containing directly imported food have not been cleaned and disinfected before use, or the cleaning and disinfection are unqualified, or the catering service facilities and equipment have not been regularly maintained, cleaned and verified according to the regulations;
(6) food producers and operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the administrative department of health under the State Council to engage in the work of contacting direct access food;
(7) food business operators fail to sell food in accordance with the requirements of the regulations;
(8) the health food production enterprise fails to file with the food safety supervision and administration department according to the regulations, or fails to organize production according to the recorded product formula, production process and other technical requirements;
(9) the infant formula food production enterprise fails to file the food raw materials, food additives, product formulas, labels, etc. with the food safety supervision and administration department;
(10) the special food production enterprise fails to establish and effectively operate the production quality management system as required, or fails to submit self inspection reports regularly;
(11) food producers and operators fail to regularly inspect and evaluate the food safety situation, or the production and operation conditions change, and fail to deal with it in accordance with the provisions;
(12) schools, kindergartens, elderly care institutions, construction sites and other centralized dining units fail to perform the responsibility of food safety management as required;
(13) food production enterprises and catering service providers fail to formulate and implement production and operation process control requirements as required.
If the centralized disinfection service unit of tableware and drinking utensils uses water, detergent and disinfectant in violation of the provisions of this law, or the tableware and drinking utensils that leave the factory fail to pass the inspection and attach the disinfection certificate as required, or fail to mark the relevant contents on the independent package as required, the administrative department of public health of the people's government at or above the county level shall impose a punishment in accordance with the provisions of the preceding paragraph.
If a producer of food related products fails to inspect the food related products produced in accordance with the provisions, the food safety supervision and Administration Department of the people's government at or above the county level shall impose a penalty in accordance with the provisions of paragraph 1.
If an edible Shenzhen Agricultural Products Group Co.Ltd(000061) seller violates the provisions of Article 65 of this law, the food safety supervision and Administration Department of the people's government at or above the county level shall impose punishment in accordance with the provisions of the first paragraph.
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