Cold skin with cucumber shredded was fined How to manage cold food?

■ Observer

Practicing "no punishment for minority" and "no penalty for the first time" is also an important part of strict law enforcement.

According to Dahe News, recently, a catering company was fined 5000,119 yuan and confiscated <> yuan for processing and cutting cucumber shredded as a cold skin side dish in the store without obtaining a license for the production and sale of cold food, and operating cold skin containing shredded cucumber with side dishes in stores and takeaway platforms.

In fact, the punishment for selling cold peels containing shredded cucumbers without obtaining a license for the production and sale of cold food is not an isolated case, but involves multiple catering operators in many places. Previously, the "cucumber shooting case" in the public opinion field also caused fierce controversy.

For law enforcers, this is the need for strict law enforcement; For catering businesses, this is a reality of widespread illegality; For the "melon-eating masses", a low-priced public cold dish is often fined 5000,<> yuan, even if there is a law to follow, it is somewhat difficult to understand. In particular, whether shredded cucumbers, which are cold skin side dishes, should be separately supervised as "cold vegetables" may also require further clarification from functional departments.

What can be seen is that from shooting cucumbers to cucumber shreds in cool skin, public opinion is highly consistent. This is because whether it is shooting cucumbers or cold skin, it is an ordinary side dish on the streets and alleys, and it is also a craft that is easy for low-level employees to master. In order for merchants to know and meet the standards for the production and sale of cold food, functional departments need to improve their services in addition to strict law enforcement.

In fact, penalties and services are indispensable for market supervision. If there is no penalty, there is no market order; Without services, there is no healthy development. In some local functional departments, the transformation of government functions is still unable to take a step, and the idea of "heavy punishment over service" is deeply rooted. This is precisely an important internal reason why public opinion believes that the punishment in some individual cases is unreasonable.

For example, if the market supervision department finds that a catering enterprise sells "pat cucumbers" or cold skin containing cucumber shreds without obtaining a license for the production and sale of cold food, the first reaction should not be to issue a fine, but to use the opportunity of law enforcement to help it understand and comply with laws and regulations.

Moreover, not all violations are punishable. The newly revised Administrative Punishment Law further emphasizes the punishment principles of "education first" and "less punishment and prudent punishment", and clearly stipulates that "minor punishment" and "initial punishment is not punished".

For example, if a cold skin containing cucumber shreds is not allowed to be sold without obtaining a license for the production and sale of cold food, the relevant merchant should first investigate whether it is the first time to violate the law, or whether the merchant has been told many times that it has not been rectified; At the same time, guide catering enterprises to improve procedures and standards so that both production and sales are compliant.

Saying less "it's illegal for you to do this" and more "it's legal to do this" is a collision of two administrative philosophies. The requirement of service-oriented governments for functional departments is to say more "how to do it legally". The practice of "minor non-punishment" and "initial non-punishment" is also an important part of strict law enforcement.

If the majority of market entities cannot be ensured to achieve compliance through notification and guidance, this may also mean that there is a disconnect between legislation and the market, and relevant laws and regulations need to be further revised and improved.

Carrying out investigation and research in practice, collecting problems in law enforcement in a timely manner, and putting forward suggestions for amending the law are also the common obligations of all market entities, social organizations, and administrative functional departments, including regulators.

□ Gu Zuo (Legal Scholar)