Mstand Coffee was severely punished! Because the supplier falsely uses the qualification to produce on its own.

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Recently, according to a written decision on administrative punishment produced by the Shanghai Xuhui District Market Supervision Bureau, on October 11, 2021, according to the legal person of a company in Guangzhou, the party, Shanghai Aicha Catering Service Co., Ltd. opened stores in Shanghai, Guangzhou, Shenzhen and other places to engage in coffee and other catering services (that is, Mstand).

Since September, 2021, Mstand has provided four kinds of ice floe series products, such as floating ice berries, American style, etc., as raw materials for ice floe series. The outer packaging products are printed with relevant information of a company in Guangzhou, which is not in line with the reality. According to the investigation of Shanghai Xuhui District Market Supervision and Administration Bureau, Mstand signed a processing contract with a company in Guangzhou in August 2021 to provide Mstand with 80, 000 popsicles (including mulberry berries, passion fruit orange, grapefruit lemon, kiwi green flavor). Since August 2021, Mstand has been selling four ice floe series coffee products in its stores across the country, all of which use the aforementioned popsicles as raw materials. It has been verified that the above popsicles are produced by the company itself in its business premises without obtaining a food production license.

Mstand has paid * RMB to the entrusting company, which actually delivered 62800 units. However, when Mstand entered the warehouse through third-party logistics, it refused to accept 2340 pieces, and finally 60460 pieces were put into storage. Of these, 15400 entered the warehouse of defective products and were actually sent to 25860 stores. As of the survey, 15169 popsicles have been used in Mstand stores, which is equivalent to the sales amount of * *. The value of the above-mentioned products is calculated according to the amount of raw materials paid, and the illegal proceeds are 127116.22 yuan. On August 15, 2022, Shanghai Xuhui District Market Supervision Administration imposed penalties on Mstand in accordance with Article 33 (1) of the Shanghai Food Safety regulations, "where food producers and operators entrust to produce food, they shall entrust enterprises with food production licenses and corresponding production conditions and capabilities". Because of the ice floe series of coffee sold by Mstand, consumers can choose to take out when buying products, so popsicles are packaged separately. The products sold are composed of ordinary American coffee and popsicles that can be sold separately, and the sales amount of popsicles can be calculated separately, so the illegal proceeds in this case are calculated according to the actual sales amount of 127116.2 yuan.

After recognizing the problem, Mstand immediately stopped the operation of the products involved and took the initiative to provide relevant materials, and the unlicensed production took place in Guangzhou. Mstand also provided an inspection report to prove that the food safety is controllable.

After the investigation, the Municipal Supervisory Bureau believes that it is a fact that the production enterprises do not have production qualifications, but the Mstand may not know about it and have no obvious subjective intention. Considering the above factors, a mitigated punishment shall be made in accordance with the relevant provisions of the Administrative punishment Law.

Nevertheless, in accordance with Article 95, paragraph 1, of the Shanghai Food Safety regulations and Article 28, paragraph 1, and Article 32 (1) of the license punishment Law of the people's Republic of China, the party concerned is ordered to immediately correct the illegal act, and confiscate the illegal proceeds of RMB 127116.2 yuan, as well as a fine of RMB 360000 yuan and a total fine of 487116.2 yuan.

According to this notice of administrative punishment, this is caused by the false use of a third-party qualification by a food manufacturer, why such violations still occur frequently in the current food safety supervision. For example, the heavy penalty imposed by Mstand, or it is precisely because the owners of compliance factories have found that their production qualifications have been falsely used to report the incident.

Food production licenses are a threshold for food processing companies, but many small food companies, such as small coffee brands, are reluctant to spend money on building a compliant factory.

Mstand is also the case, there are some smaller brands or stores are unlikely to obtain the production qualification of food and coffee beans, in this case, they will entrust third-party factories to process their own brand products. On the other hand, more adventurers directly borrow the production qualifications of third parties to produce their own food in the store, or steal the production qualifications of third parties.

In the early years, we often heard about the mention of "three no products". With the increasingly stringent supervision of the market, no production date, no quality certificate and no manufacturer of the three products gradually disappear in the market, even retail goods usually have a more standardized label.

Sometimes, the goods purchased online have the information of the manufacturer and the production license, but the production address and the place of shipment are obviously two places far apart, but the production date is sent from another place on the same day.

In this case, it is likely to be the fraudulent use of production qualifications as described in the case, which may bring huge legal risks to themselves. once investigated, it will inevitably lead to heavy penalties, this case is worthy of everyone's attention.

Photo Source: Internet