Case Description

During the quarantine period at home during the epidemic, Mr. Zhang, a baking enthusiast, focused on the business opportunity of bringing goods to his circle of friends. Mr. Zhang captured the entire process of making homemade homemade homemade homemade handmade desserts from raw materials to finished products through video, accompanied by detailed explanations. The clean and sanitary production environment on the background wall of his circle of friends and the attractive dessert sample drawings have become a hot topic in the circle of friends, attracting many people to buy, However, at this time, the industry and commerce department received a report from the public that Mr. Zhang had illegally brought goods in his circle of friends.

Lawyer Analysis

1、 Mr. Zhang should obtain an administrative license for food business and engage in business within the permitted business scope

According to Article 2 of the Food Safety Law of the People's Republic of China, anyone engaged in food sales and catering services within the territory of the People's Republic of China shall obtain a food business license in accordance with the law. Article 10 of the Electronic Commerce Law of the People's Republic of China stipulates that e-commerce operators should register as market entities according to law. "However, the exception is for individuals who sell self-produced agricultural and sideline products, household handicraft products, and individuals who use their skills to engage in convenient labor activities and sporadic small transaction activities that do not require permission according to law, as well as those that do not require registration according to laws and administrative regulations.".

Mr. Zhang does not need to register as a market entity to sell desserts in the circle of friends according to the above regulations, but should obtain a food business license through the administrative license of the food and drug supervision and administration department according to law, sell food according to the permitted category range, and engage in food business according to the permitted business scope. If Mr. Zhang chooses to bring goods in his circle of friends while selling his desserts on other online platforms, such as opening a WeChat store for sale on WeChat, according to Article 4 of the Measures for the Supervision and Administration of Food Safety in Online Catering Services, the online catering service provider should have a physical store to operate and obtain a food business license in accordance with the law, and engage in business activities in accordance with the main business types and business items specified in the food business license, Do not operate beyond the scope. In addition to obtaining the aforementioned food business license in accordance with the law, Mr. Zhang should also establish offline physical stores and obtain a business license issued by the industry and commerce department. Otherwise, in accordance with the provisions of the "Food Safety Law of the People's Republic of China" and the "Measures for the Supervision and Administration of Food Safety in Online Catering Services", Mr. Zhang may face penalties such as confiscation of illegal income, production and operation equipment, and fines imposed by the food safety supervision and administration department.

2、 Mr. Zhang should publicize information or links such as food business licenses in prominent locations in his circle of friends

Article 15 of the Electronic Commerce Law of the People's Republic of China stipulates that e-commerce operators shall continuously publicize business license information, administrative licensing information related to their business operations, information that does not require registration of market entities in accordance with Article 10 of this Law, or link identifiers for the above information in a prominent position on their home page.

In order to expand the market and attract the masses, Mr. Zhang's behavior of promoting the cakes, cookies, and desserts he produces and sells in his circle of friends belongs to e-commerce activities. As an e-commerce operator, Mr. Zhang should publicize the legally obtained permission information or links related to food business in a prominent position in his circle of friends. Otherwise, in accordance with the provisions of Article 76 of the "Electronic Commerce Law of the People's Republic of China", Mr. Zhang may face punishment from the market supervision and management department for ordering correction and fines.

instruction

Mr. Zhang uses his circle of friends to sell self-made private desserts. Firstly, he should obtain a food business license from the Food and Drug Administration in accordance with the law, and engage in food business within the permitted business scope; Secondly, if Mr. Zhang chooses to sell desserts on a self built or other third-party online platform, such as a micro store, in addition to his circle of friends, he should also establish an offline physical store and obtain a business license issued by the industry and commerce department in accordance with the law; Finally, when Mr. Zhang carries goods in his circle of friends, he should also publicize business related information or link logos in a prominent location in his circle of friends.