Small Restaurants Results In A Fine Of 5,000 Yuan Due To Selling Cucumber Salad In ShangHai

Haimifan Catering Management Co., Ltd., Jinqiao Branch, was fined 5,000 yuan by the Pudong New Area Market Supervision Administration in Shanghai for engaging in food production or food additive production activities without permission. The specific violation was that the company, listed under the business scope of “catering service operator: production and sale of hot food,” processed and sliced cucumber as a side dish for “liangpi” (a type of cold skin noodles) without obtaining a license for the production and sale of cold food. The business operated liangpi containing cucumber as a side dish both in-store and on the Meituan food delivery platform.

According to media reports, the aforementioned business was not the only one fined. Risk information from relevant platforms shows that other catering companies in Shanghai, such as Zhufu Snack Shop in Jinyang Xincun Street, and Shanghai Domeijuice Catering Management Co., Ltd., were also fined for selling liangpi containing cucumber without obtaining a license for the production and sale of cold food.

Why would selling liangpi with cucumber result in a fine? Is the enforcement agency acting arbitrarily? Actually, that’s not the case. According to relevant regulations, selling cold dishes requires adding the production and sale of cold food to the scope of the food business license. Otherwise, it would be considered a violation.

Earlier reports mentioned that some professional counterfeiters take advantage of this loophole by ordering “cucumber sliced” at small restaurants and demanding compensation from the establishments for violating regulations. In Hunan’s Zhuzhou City, a father and son have filed 49 complaints since 2020, demanding hefty compensation from food businesses.

It must be acknowledged that there is a certain food safety risk associated with cold food because it comes into contact with various equipment and facilities during the processing, without undergoing a high-temperature heating process to eliminate potential pathogens. The intention behind the relevant regulations is to protect consumers’ health.

However, what the enforcement authorities should pay attention to is that selling “cucumber sliced” or including cucumber in liangpi without the proper qualifications is a violation. Are the restaurants aware of this? It must be emphasized that many restaurant owners, as reported in the media, are simply unaware of such a regulation and serve whatever dish the customers request without considering it.

When the relevant authorities collect the necessary documents from restaurants, it is necessary to emphasize and provide public legal education on this matter. They could even make door-to-door reminders to restaurants, urging them not to sell cold food if they don’t have the proper licenses.

Firstly, this is to prevent restaurants from falling victim to professional counterfeiters and false claims. Secondly, it can help avoid fines imposed by the authorities. Protecting consumers’ health and safeguarding the rights of restaurant operators are not contradictory. For small restaurants, a fine of 5,000 yuan is a significant amount, and it’s uncertain how many dishes they would need to sell to recover that sum.

Secondly, is it possible to lower the threshold for obtaining the relevant certifications? It is understood that one restaurant owner has mentioned that selling “cucumber sliced” should be done in a separate area with proper disinfection facilities. However, meeting all these requirements could cost tens of thousands of yuan, which small establishments cannot afford. Some restaurants are aware of these regulations but, tempted by customers’ orders, can’t resist accepting them and cooking the dishes, thinking that nobody is monitoring them and they won’t face any consequences.

Thirdly, objectively speaking, most of the fined and sued restaurants are small-scale businesses in the food and beverage industry. It’s not easy for them to make money, as they work long hours from early morning to late at night. When faced with complaints and reports, enforcement agencies must follow the relevant laws and regulations, and we understand that they cannot turn a blind eye to violations. However, within the framework of the law, for first-time offenders, could education and warnings be sufficient without issuing a 5,000-yuan fine? If they commit the same offense repeatedly, then the penalties can gradually increase.