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How to deal with food operators who have not obtained health certificates?
○ Yao Haifeng of Rudong Industrial and Commercial Bureau recently, when inspecting food operators, inspectors found that some food operators did not obtain health certificates to engage in food business. Article 34 of the Food Safety Law stipulates that food producers and business operators shall have an annual health examination and obtain a health certificate before taking part in the work. Therefore, the actions of the above-mentioned food operators are obviously illegal, but the inspectors have different opinions on how to deal with them. One view is that there is no way to deal with it, because although the Food Safety Law stipulates that food producers and operators must obtain health certificates before they can take part in the work, they can't find corresponding punishment by checking the existing industrial and commercial laws and regulations, so they can only persuade food producers and operators to obtain health certificates. Another view is that it can be handled. Article 12 of the Measures for the Supervision and Administration of Food Safety in Circulation stipulates: "Food business operators shall establish and implement a health examination system and a health file system for employees. Employees engaged in food business should have an annual health check-up and obtain a health certificate before engaging in food business. The items to be checked should comply with the regulations of the province, autonomous region or municipality directly under the Central Government. " Item (1) of Article 62 stipulates: "Anyone who commits one of the following acts shall be ordered to make corrections, and if he refuses to make corrections, he shall be fined not more than 10,000 yuan: (1) Food business operators employ people who have not obtained health certificates to engage in food business. Wait. " I am inclined to the second opinion. Food business households can be divided into two categories according to their nature: one is enterprises and the other is individual industrial and commercial households. For enterprises, it is common for food operators to hire employees to engage in food business. For individual food business households, especially small-scale business households, due to cost constraints, they often exist in the form of one store and one owner. Operators generally engage in food business directly without hiring employees, which is very common. Therefore, it is very important to strengthen the food supervision of such food operators. Whether food operators have health certificates provides a convenient operation incision for food safety supervision. Although the employees who have not obtained health certificates are food operators themselves, Article 34 of the Food Safety Law clearly stipulates the health certificates of employees, and from the original intention of legislation, the Food Safety Law clearly stipulates that food producers and operators can only take part in work after obtaining health certificates, in order to prevent employees suffering from diseases stipulated in the Food Safety Law and the Regulations for the Implementation of the Food Safety Law from engaging in contact with imported food, thus effectively ensuring food safety. Food business operators who directly engage in food business activities without employing personnel are themselves food practitioners, and they should obtain health certificates in accordance with the provisions of the Food Safety Law before engaging in food business. Therefore, the author believes that operators who engage in food business without health certificates can be dealt with directly according to Article 62 of the Measures for the Supervision and Administration of Food Safety in the Circulation Field.