Implementing Rules For The Regulations On Public Health

Original Language Title: 公共场所卫生管理条例实施细则

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347889.shtml

Implementing rules for the regulations on public health

    (March 10, 2011 80th released since the Ministry of health as of May 1, 2011) Chapter I General provisions

    Article in accordance with the provisions of the regulations on public health, these rules are formulated.

    Article in business activities in public places, health and shall abide by the relevant laws, administrative laws and regulations as well as relevant health standards, norms, public health awareness, prevention of communicable diseases and public health, to provide customers with better sanitation.

    Article III competent national public health supervision and management work of the Ministry of health.

    Health administrative departments under local people's Governments at or above the county level responsible for the administration of public health supervision and management work.

    Frontier ports and immigration health supervision and management of the transport by the entry-exit inspection and quarantine authorities in accordance with the provisions of relevant laws and regulations.

    Railway departments within the jurisdiction of the health authority is responsible for the station, waiting room, railway coaches and for the systems services public health supervision and management work of employees.

    Fourth health administrative departments under local people's Governments at or above the county level shall be in accordance with public health supervision and management needs, establishing and perfecting public health supervision team and public health monitoring system, develop public health surveillance plans and implementation.

    Fifth to encourage and support public sector organizations carry out self-discipline education, guide the public places law, promoting integrity, advocacy, public health literacy. Sixth article of any units or individuals for acts in violation of these rules, the right to report.

    Receiving the report in health Administrative Department shall promptly investigate and deal with, and in accordance with the provisions of the reply.

    Chapter II administration of health

    Article seventh public legal representative or head is the responsibility of the health and safety of their premises.

    Operators shall establish a health department or in public places are equipped with (and) occupational health administrators, specifically responsible for the public's health, establish and improve the management system and the management of health archives.

    Article eighth public health management should include the following:

    (A) Health Management Department, personnel and health management systems;

    (B) air, microclimate (humidity, temperature, wind speed), water, light, lighting, noise detection;

    (C) the customer products for cleaning, disinfection and replacement and testing;

    (D) the use, maintenance and inspection of health facilities;

    (E) the cleaning and disinfection of central air conditioning ventilation system;

    (F) arrangements for health checks and training evaluation;

    (G) the public health management of stock certificates;

    (VIII) public health emergency plan or programme;

    (I) Department of the provinces, autonomous regions and municipalities directly under the health records of other circumstances.

    Public health management of archives should be in service management, record for at least two years. Nineth operators of public health training system should be established, legal knowledge and public health practitioners-organizational learning-related health knowledge and assessment.

    To fail to pass the examination, shall cause induction.

    Tenth public places in China should organize annual health checks, employees in effective health certificate before they can post.

    Suffering from dysentery, typhoid, viral hepatitis, gastrointestinal infections such as viral hepatitis e people, and people with active tuberculosis, purulent or exudative skin diseases such as personnel shall not engage in direct service to the customer before the healing work.

    11th public places should maintain air circulation in public places, indoor air quality should meet national health standards and requirements.

    Public use central air conditioning ventilation system, shall comply with the relevant norms and regulations of centralized air ventilation system requirements. 12th drinking water in public places for use by customer shall conform to the national requirements of drinking water health standards.

    Swimming pool (Museum) and public bathrooms shall comply with national health standards and water quality requirements.

    13th public lighting, noise level shall comply with national health standards and requirements. Public spaces should be as natural as possible.

    Insufficient natural light, public places should be configured with its undertakings to adapt to the size of the lighting.

    Public places should take measures to reduce the noise. 14th public places for use by customer shall guarantee health security appliance can be repeatedly used appliances should be a one-for, in accordance with the relevant health standards and requirements for cleaning, disinfecting and cleaning.

    Ban repeated use of disposable supplies.

    15th public places should be set up according to the scale of operation, the project cleaning, disinfecting, cleaning, toilet facilities and a public restroom. Public places should establish sanitary facilities equipment maintenance system, periodically check the sanitation equipment to ensure its normal operation, without dismantling, alteration or diverted to any other use.

    Set toilet in public places, there should be a separate exhaust ventilation facilities, keep clean and odor-free.

    16th section public places shall be equipped with a safe, effective prevention and control of mosquitoes, flies, cockroaches, rats and other pests in facilities and equipment and waste storage facilities and equipment, and ensure the normal use of facilities and equipment, cleaned up debris.

    Article 17th public siting, design, decoration shall conform to the requirements of national standards and specifications. Shall not be closed during the public interior decoration.

    Local decoration, operators should take effective measures to ensure non-decoration business area of indoor air quality. 18th an indoor smoking ban in public places.

    Public places smoking should be conspicuous warnings and signs.

    An outdoor public place smoking areas cannot be set in a pedestrian passage.

    May not set up cigarette vending machines in public places.

    Public places smoking should be conducted to find out the information, and are equipped with (and) staff to discourage smokers.

    19th public places should be in accordance with hygienic standards, specifications for public places air, microclimate, water, lighting, lighting, noise, health testing on customer products, testing shall be not less than once a year; test results do not meet the health standards, the specification should be timely rectification.

    Public places do not have detection capability, you can entrust the examination.

    Public places should be prominently publicized test results.

    Article 20th public places public health emergency plan or programme should be established, periodically check the public health system, the implementation of the measures, to eliminate the hazards to public health risks.

    Article 21st public health accidents occur, managers should be disposed of to prevent damage expansion and timely report to the Administrative Department of health under the county level.

    Any unit or individual to health hazards not withholding or delaying report false or incite others to conceal, and delaying the report false.

    Chapter III hygiene supervision

    22nd national health permit management of public places. Public places should be in accordance with the provisions applying to the health administrative departments under local people's Governments at or above the county level health permit.

    Without health permits, not business.

    The scope of public health surveillance by provinces, autonomous regions and municipalities health administration announced.

    Article 23rd public health permits from the operator, shall submit the following information:

    (A) the application form for the health permit;

    (B) the legal representative or responsible person identification;

    (C) public address location layout diagram, plan and health facilities;

    (D) public health inspection or evaluation reports;

    (E) public health management system;

    (F) the provinces, autonomous regions and municipalities directly under the other materials required by the Administrative Department of public health.

    Use central air conditioning ventilation system should also offer central air conditioning ventilation system hygiene inspection or evaluation reports.

    Article 24th health administrative departments under local people's Governments at or above the county level shall receive public health permit application date in the 20th, to review the information submitted, the field audit, in line with the requirements of, to grant public health licensing decision; do not meet the stipulated conditions, grant administrative licensing decision and give written explanations.

    25th public health permit shall specify the number, company name, legal representative or head, business, business location address, certification authorities, certification of time of expiry.

    Public health license is valid for a period of four years, a review once every two years.

    Public health license should be in the business place eye-catching publicity.

    Article 26th for new construction, renovation or expansion of public, shall conform to the relevant hygienic standards and requirements, the operator shall, in accordance with the relevant provisions of preventive health examination procedures.

    Review of preventive health programs and specific requirements by provinces, autonomous regions and municipalities directly under the Administrative Department of health under.

    27th public places change company name, legal representative or responsible person, shall provide the original certificate of health Administrative Department for change procedures.

    Public operators to address change management projects, undertakings shall be made to the health administrative departments under local people's Governments at or above the county level shall reapply for health permits.

    Public places needs to extend sanitation license, health permit expires 30th, to apply to the original issuing administrative departments of public health.
28th people's Governments above the county level health administrative departments shall organize for public health hazard monitoring, analysis, and for the formulation of laws and regulations, supervise and administer the health standards and providing a scientific basis.

    Disease prevention and control institutions above the county level shall bear the administrative departments of public health public health hazards monitoring tasks.

    29th health administrative departments under local people's Governments at or above the county level shall be in public health supervision and implementation of quantitative classification management, promoting their health management in public places, enhancing health surveillance information transparency.

    30th health administrative departments under local people's Governments at or above the county level shall be determined according to the quantitative evaluation of the results of health inspection of public health credibility level and frequency of daily supervision.

    Public health credibility rating should be prominently publicized in public places.

    31st local health administrative departments of the people's Government at or above the county level shall supervise and inspect public places shall be in accordance with the relevant health standards and requirements, health monitoring, sampling, inspection and copying files, interviews and other methods, the relevant units and individuals shall not refuse or conceal.

    32nd people's Governments above the county level health Administrative Department should strengthen public health inspection sampling and sampling results to the public.

    Article 33rd administrative departments of local people's Governments at or above the county level health hazards public health accidents, it may take interim control measures such as enclosure, storage-related items.

    Upon examination, belongs to the polluted sites, objects, sanitized or destroyed; to uncontaminated sites, objects or objects which can be used after disinfection, control measures shall be withdrawn.

    Article 34th public health inspection, testing, evaluation of business technology services, shall have the appropriate expertise, working in accordance with the relevant requirements of hygiene standards, specifications, shall not issue false inspection, test and assessment reports.

    Technical services professional and technical capacity of provinces, autonomous regions and municipalities directly under the Administrative Department of health under examination.

    The fourth chapter legal liability

    Article 35th of unauthorized operating without a permit shall obtain the public health, the health administrative departments under local people's Governments at or above the county level shall order correction within, given a warning and a fine of 500 Yuan and 5,000 yuan fine; any of the following circumstances, a fine of 5,000 yuan and 30,000 yuan fines:

    (A) unauthorized business trained in health administration punishment;

    (B) unauthorized hours over three months;

    (C) modify, transfer, resell, fake hygiene license for operating without authorization.

    To modify, transfer, sale or resale of effective hygiene license, the health administration departments by the original certificate to be cancelled.

    36th public operators have one of the following, by the health Administrative Department under local people's Governments at or above the county level a rectification, given a warning and fined 2000 Yuan the following fines fails, resulting in sanitary quality of public places do not meet health standards and requirements, and fined 2000 Yuan and 20,000 yuan penalty in serious cases, it may order rectification, until their hygiene license withdrawn:

    (A) is not in accordance with the provisions of public air, microclimate, water quality, noise, lighting, lighting, consumer appliances and other health testing;

    (B) is not in accordance with the provisions of the customer products for cleaning, disinfecting, cleaning, or repeated use of disposable products.

    37th, public places with one of the following, by the health Administrative Department under local people's Governments at or above the county level rectification; fails to change, given a warning and a fine of 1000 Yuan and 10,000 yuan fine and on the monitoring of resistance, fined 10,000 yuan and 30,000 yuan fines; serious cases can be ordered closed by law, until their hygiene license withdrawn:

    (A) failing to establish health management system, the establishment of a health department or equipped with (and) occupational health Manager, or failure to establish health management;

    (B) not according to regulations of health practitioners conduct legal literacy and knowledge of public health training, or arrangement without legal knowledge and knowledge training and examination of public health practitioners work;

    (C) with its scale of operation, the project is not in accordance with the provisions set suitable for cleaning, disinfecting, cleaning, toilet facilities and a public restroom or stop use, dismantle the facility without authorization, or for other purposes;

    (D) failing is equipped with prevention and control rats, mosquitoes, flies, cockroaches and other pests of facilities, equipment and waste storage facilities and equipment, or stop using without authorization, demolition of prevention and control of rats, mosquitoes, flies, cockroaches and other pests in facilities and equipment, as well as special facilities for storage of waste;

    (E) failing to obtain supplies of public health inspection certificate and other relevant information;

    (Vi) not in accordance with the provisions of public construction, reconstruction and expansion projects for the preventive health examination procedures;

    (VII) without centralized air ventilation system hygiene testing or evaluation is not qualified and put into use;

    (VIII) not in accordance with the provisions of the public health of publicity permits, health examination results and the credibility of health levels;

    (I) is not in accordance with the provisions of public health permit review procedures.

    38th public places arrangements without valid health certificates of employees engaged in work directly for customer service, by the health Administrative Department under local people's Governments at or above the county level a rectification, given a warning and a fine of 500 Yuan and 5,000 yuan fine; it fails, fined a maximum of up to 5,000 yuan and 15,000 yuan. 39th public places health hazards occurring accidents did not take immediate measures, leading to compromise of expanding, or concealment, and delaying the report, fraud, by the health Administrative Department under local people's Governments at or above the county level up to 5,000 yuan and 30,000 yuan fines; serious cases can be ordered closed by law, until their hygiene license withdrawn.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    40th public places health and violate other laws and administrative regulations, should be given administrative punishment, punishment in accordance with laws, administrative rules and regulations relating to public health. 41st people's Governments above the county level health administrative departments and their staff negligence, abuse of power, taking bribes and by relevant departments of the units in charge, charge and other personnel directly responsible shall be given administrative sanctions.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    42nd article of the rules the following terms mean:

    Central air conditioning ventilation system, refers to the room or enclosed space air temperature, humidity, cleanness, velocity and other parameters meet the set requirements, centralized processing, transmission, distribution and air all the equipment, pipes and accessories, instruments combined.

    Public health accidents, which occur in public places of infectious or due to air quality, water quality does not meet health standards, appliances or facilities caused by contamination hazard to public health. 43rd article of the rules shall come into effect on May 1, 2011. Released on March 11, 1991, the public health management of the Ministry of health of the implementing rules of the regulations repealed simultaneously.