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在卫生监督实践中,如何处理“禁止生产经营的食品”是经常遇到且易引起争议的实际问题。“食品卫生法释义”对此作了“销毁”的解释。我们认为这样处理不妥,愿陈述管见,以供探讨。 《食品卫生法》第9条,将“禁止生产经营的食品”分为12类。该法第42条规定,对违反本法规定,生产经营禁止生产经营的食品的,规定有6种行政处罚。“食品卫生法释义”中对此明确规定为:(1)责令停止生产经营,(2)立即公告收回已售出的食品,(3)销毁食品,(4)没收违法所得,(5)罚款,上述5项处罚应当一并作
In the practice of health supervision, how to deal with the “food that is forbidden to produce and manage” is a practical and often controversial practical problem. “Food Health Law Interpretation” made “destruction” of the explanation. We think it is not proper to deal with this matter and would like to make a presentation for discussion. Article 9 of the “Food Sanitation Law” divides the “food prohibited for production and operation” into 12 categories. Article 42 of the Act stipulates that in violation of the provisions of this Law, there are six kinds of administrative penalties imposed on the production and operation of food products that are prohibited from being manufactured and operated. This is clearly defined in the Interpretation of Food Sanitation Law as: (1) ordering the cessation of production and operation, (2) immediately proclaiming to take back the food that has been sold, (3) destroying food, (4) confiscating the illegal gains, (5) fining The above five penalties should be made together