Administrative Measures On Food Safety Supervision In Catering Services

Original Language Title: 餐饮服务食品安全监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259034.shtml

Administrative measures on food safety supervision in catering services

    (Released March 4, 2010 Ministry of health, the 71st as of May 1, 2010) Chapter I General provisions

    The first catering service to strengthen supervision and administration, guarantee food safety in catering services, according to the People's Republic of China Food Safety Act (hereinafter referred to as the food safety law), the People's Republic of China regulations for the implementation of the food safety law (hereinafter referred to as the regulations for the implementation of the food safety law), these measures are formulated.

    Article in the People's Republic of China territory of units and individuals engaged in food and beverage service (hereinafter referred to as food service providers) shall abide by these measures.

    Article III the State food and drug administration responsible for supervision and administration of catering services nationwide, local food and drug supervision and management departments at all levels are responsible for supervision and administration of catering services within their respective administrative areas.

    Article fourth catering service providers shall, in accordance with the laws and regulations, food safety standards and related requirements in food and beverage service activities, responsible for the society and the public, ensuring food safety, subject to public supervision, take food service food safety responsibility.

    Fifth to encourage community groups and grassroots organizations to carry out food service food safety knowledge and popularization of relevant laws and regulations, enhance the awareness of food safety in catering service providers, improve the ability of consumers to protect themselves; encourage technical service, catering service providers improve the level of food safety management.

    Food service related industry associations should strengthen industry self-regulation, guided food service providers operate in accordance with law, promoting integrity, awareness, universal food service food safety knowledge.

    Sixth to encourage and support the food service providers to enhance food safety and the use of advanced technology and advanced management practices, the implementation of hazard analysis and critical control points system, equipped with advanced food safety testing equipment, to check their own food or to bodies with statutory qualification inspection.

    Seventh article of any organizations and individuals have the right to community food service food safety supervision report catering service provider acts in violation of these procedures to learn more about food service food safety information, comments and suggestions on food service food safety.

    Chapter two food service basic requirements

    Article eighth catering service providers must obtain a catering license, in accordance with the scope of business law and placed prominently hung in dining establishments or the food service license.

    Nineth catering service providers shall establish and improve food safety management system, equipped with full-time or part-time food safety managers.

    The food service license has been revoked, according to the provisions of article 92nd of the food safety law, persons directly in charge of within 5 years from the date of the decision shall not be engaged in food service management.

    Catering service providers prescribed in the preceding paragraph shall not employ this section prohibits the practitioners in management. Catering service providers shall, in accordance with article tenth of the food safety law provisions of 34th, creation and implementation of employee health management systems, establish health files.

    Food service employees shall, in accordance with the food safety law provisions of article 34th annual health checks, obtain health certificates before they can work.

    With people working in the direct import of food regulation on the implementation of the food safety law article 23rd prevented diseases of food safety, should be adjusted to another without affecting the food security of jobs.

    11th catering service providers shall, in accordance with the Food Safety Act, 32nd section organization in China to participate in food safety training, food safety laws, regulations, standards and food safety knowledge, clarify food safety responsibilities, and establish training records; should be strengthened (and) level food safety Manager food safety laws and regulations and relevant food safety management training.

    12th catering service provider shall set up food, food ingredients, food additives and food-related products, buy identification and cable card ticket system.

    Catering service provides who from food production units, and wholesale market, procurement of, should identification, and obtained and retained supply who of related license and products certificate ming, file; from fixed dealer or supply base procurement of, should identification, and obtained and retained dealer or supply base of qualification proved, and each pen supply listing,; from supermarket, and farmers market, and individual business merchant, procurement of, should obtained and retained procurement listing. Food service enterprise shall set up food, food ingredients, food additives and food-related products, procurement records systems.

    Purchase record shall record the name of the product, specifications, quantity, batch number, shelf-life, the supplier name and contact information, date of purchase, purchase bills or keep the above information. Catering service providers shall in accordance with the product, purchase order and order consolidation purchase records and related information, and keep for future reference.

    Retained for periods of not less than 2 years of records, notes.

    13th uniform distribution mode of operation of the catering service providers, from corporate HQ, verifying the supplier's license and product conformity documentation, food raw materials purchase check record. Uniform distribution mode of operation, corporate store should establish the headquarters unified distribution of documents account.

    Stores purchase their own products shall comply with the provisions of the present article 12th.

    Article 14th the catering service providers prohibit the purchase, use and operation of the following foods:

    (A) article 28th of the food safety law, prohibition of the production of food;

    (B) the violation of food safety law of the 48th article of food;

    (C) the violation of food safety law 50th article of food;

    (D) violation of food safety law article 66th imported prepackaged food. 15th catering service providers shall, in accordance with the relevant regulations and food safety standards for procurement, preservation, and use of food additives.

    Food additives should be stored in special facilities such as cabinets, labeled "food additive" words, keep, and use account. 16th catering service providers shall strictly abide by the State food and Drug Administration to develop food service food safety practices.

    Food service shall comply with the following requirements:

    (A) in the production process should check processing of foods and food ingredients, found to be abnormal spoilage or other sensory properties shall not be processed or used;

    (B) storage of food materials, premises, equipment should be kept clean to prohibit storage of toxic and harmful substances and items of personal life, classification, racks, partitions, storage of food materials and regular inspection, dealing with deteriorated or expiry limit food;

    (C) the internal and external environment of food processing undertakings should be maintained clean, eradication of rats, cockroaches, flies, and other harmful insects and their breeding conditions;

    (D) there should be regular maintenance in food processing, storage, display, disinfecting, cleaning, insulation, refrigeration, freezing equipment and facilities, measuring instruments for checking, cleaned cleaning to ensure proper functioning and use;

    (E) the operator should maintain good personal hygiene;

    (F) need to be cooked and processed foods should be cooked cooked; need to be refrigerated and cooked products, should be promptly refrigerated after cooling; direct foodstuffs and food raw materials or semi-finished products should be stored separately, semi-finished product should be stored separately from the food raw materials;

    (G) create cold dishes should be dedicated, specially made, disinfection tools special, special purpose and frozen special requirements;

    (H) tools, equipment for food processing operations must be innocuous, sign or make and do separate, locate storage after use rinse, kept clean and direct foodstuffs contact tools and equipment should be disinfected prior to use;

    (IX) should be carried out in accordance with the requirements of tableware and kitchenware clean, disinfect, and reserve in a special cleaning facility may not be used without cleaning and disinfection of tableware and kitchenware acquisition, the use of concentrated disinfectant supply of cutlery and kitchenware, shall examine their qualifications, requests for proof of sterilization qualified; (J) the food raw materials, tools and equipment for transport facilities should be maintained clean and sanitized as necessary.

    Insulation, transport refrigeration (freezing) food should be the need to provide food and variety and quantity suitable insulation, cold storage (freezing) equipment and facilities.

    Article 17th when the food and drug supervision and Administration Department shall conduct sampling inspection, sampling food and beverage sampling inspection shall cooperate with the work of service providers, provide sample source, by sampling quantity, inventory, inventory, sales and related information such as the ticket.

    Chapter III food safety accident

    18th levels of food and drug supervision and administration departments under the people's Governments at the corresponding level of food safety plans detailed rules for the implementation of the emergency plan for the development of the sector, in accordance with the functions of food service food safety accident emergency response work.

    19th food and Drug Administration found in the day-to-day supervision and management of food safety accidents, or receiving reports on food safety accident shall immediately verify the situation, upon initial check is a food safety accident, should not hesitate to sibling health and agriculture administration, industry and commerce administration, quality supervision and other related departments.

    When a food safety incident occurs, food and drug administration under the leadership of the people's Governments at the corresponding level, respond in a timely manner, to take measures to control developments, prosecuted, and promptly to the supervisor in accordance with the relevant provisions of the food and Drug Administration report.

    20th food and drug supervision and administration departments at or above the county level in accordance with the relevant provisions of food service food safety accident investigation, to the catering service provider concerned is entitled to understand information relevant to food safety accidents, require food and beverage service providers to provide relevant information and samples, and take the following measures:

    (A) seal up food safety accidents or may lead to food and its raw materials of food safety accidents, and tested immediately;

    (B) handling contaminated food tools and utensils, and orders for cleaning and disinfection;
(C) the inspection, which belongs to the contaminated food, supervised the destruction; uncontaminated food, be re-opened;

    (D) the handling of food safety accidents and published according to law, and to explain the hazards that may arise, description.

    21st catering service providers shall formulate food safety solutions, regularly check the implementation of the food safety and eliminate hidden dangers of food safety accidents in a timely manner.

    22nd catering service provider of food safety accident occurs, shall be sealed immediately leads to or may lead to food safety accidents of food and its raw materials, tools and utensils, equipment, facilities, and on-site, in less than 2 hours to the people's Governments at the County Health Department and the food and Drug Administration report, and in accordance with the requirements of the relevant regulatory authorities to take control measures.

    Catering service providers shall with the food safety supervision and Administration Department for investigation and handling of food safety accidents, as required to provide relevant information and samples may not refuse.

    Supervision and administration of the fourth chapter

    23rd food and drug supervision and management departments can scale according to the food service business, establish and enforce food safety supervision in catering services management classification, classification management system.

    Food and drug supervision and management departments can employ social supervisors to assist with food safety supervision in catering services. 24th food and drug supervision and administration departments at or above the county level shall perform food safety oversight duties, the finds do not belong to the jurisdiction of their respective jurisdictions, shall promptly transfer the jurisdiction of the food and drug administration.

    Accept the transfer of food and drug supervision and management departments should be transferred to the handling of the case of timely feedback to referral of cases by the food and drug administration.

    25th food and drug supervision and administration departments at or above the county level shall receive advisory reports, complaints, and belonging to the jurisdiction of the Department, shall accept and verify, process, respond in a timely manner; do not belong to the jurisdiction of the Department, shall be notified in writing and transfer jurisdiction of departments.

    Find catering service providers do not meet the food safety standards and requirement for raw materials or edible farm products, food additives and food-related products, which belongs to the other food producers or producers of edible agricultural products, shall be submitted to the health administration, agricultural administration, industry and commerce administration, quality supervision departments.

    Article 26th food and drug supervision and Management Department in the performance of their duties, are entitled to take the food safety law, 77th of the measures provided for in article.

    27th food safety inspectors from the food and beverage service provider when conducting supervision and inspection, and shall focus on the following:

    (A) food service permit;

    (B) health, and food safety knowledge and training of employees and the establishment of archives;

    (C) the sanitation, hygiene, food, tools and equipment, sanitation facilities, food containers and packaging materials, process;

    (D) food processing, production, sales and service processes the food security situation;

    (E) food, food additives and food-related raw materials purchase check cable and cable system and implementation, formulate food safety accident emergency system and implementation;

    (Vi) food ingredients, semi-finished products, finished products, food additives and other sensory properties, product labels and instructions and storage conditions;

    (VII) tableware, kitchenware, utensils and hold direct entrance to cleaning, disinfection and cleaning of food containers;

    (H) the health situation in water;

    (I) the need to focus on other situations. 28th when conducting supervision and inspection of food safety supervision and inspection personnel, there should be 2 or more people to join, law making on-site inspection record records verified and signed by both parties.

    Supervised inspectors refused to sign, you should indicate the causes and circumstances, while recording the presence of names, titles, and so on.

    29th food and drug supervision and administration departments at or above the county level shall be responsible for organizing the implementation of the sampling inspection of area catering service, funded by the local government expenditures. Article 30th food safety supervision and inspection personnel accredited food safety detection techniques can be used for rapid detection, timely detection and screening did not meet food safety standards and related requirements of food, food additives and food-related products. Using rapid detection technology discovery and screening results may not be directly as a basis for law enforcement.

    Preliminary screening results indicate that may not meet the food safety standards and related requirements of food, shall, in accordance with the relevant provisions of the law on food safety was tested.

    Rapid testing result shows that may not meet the food safety standards and related requirements, catering service provider should be taken according to the actual situation of food security measures. Sample article 31st the food safety supervision and inspection personnel must be in accordance with the sampling plans and sampling procedures, and fill in the sampling record.

    Sampling should purchase product samples, inspection fees and any other fees shall not be charged.

    Food safety inspectors shall promptly send the sample to a qualified inspection agencies.

    Article 32nd food inspection agencies shall, in accordance with inspection and submission to request, in accordance with food safety standards and inspection methods for testing, issued by a legitimate inspection reports on time.

    Article 33rd disagrees with the conclusions, the opponent has the right to five days since receiving the test results to the 10th, to organize and implement sampling inspection the written review from the food and drug administration application, fails to apply, as a waiver of that right.

    Review work should select the relevant departments jointly announced commitment food inspection agency review work completed. The recheck institution by the recheck applicant to choose; early review bodies and inspection bodies must not be the same agency.

    The recheck conclusion issued by the recheck institutions for final conclusions.

    Re-inspection fee commitment under the regulations for the implementation of provisions of article 35th of the food safety law. Article 34th food and drug supervision and Administration Department shall establish area catering service provider of food safety credit files, record licensing issues and changes, results of daily supervision and inspection, violations investigated, and so on.

    Food and drug supervision and management departments should be according to dining services food safety credit files, the catering service provider implemented with bad credit records of key regulatory.

    Food safety credit files of the form and content by the provincial food and drug supervision and management departments in accordance with local conditions and specific provisions.

    35th food and Drug Administration revoked a catering license conditions should be informed in the 7th industrial and commercial administrative departments at the same level.

    Article 36th released food and drug supervision and administration departments at or above the county level in accordance with day-to-day supervision and management of the following information:

    (A) the catering service of an administrative license;

    (B) food service food safety supervision and inspection and sampling results;

    (C) investigate and deal with violations of the catering service providers;

    (D) special inspection of food service work;

    (E) other food service food safety supervision and administration information.

    The fifth chapter legal liability 37th catering service without permission, by the food and drug administration under the provisions of section 84th of the food safety law will be punished.

    Any of the following circumstances, without a food service license to investigate:

    (A) without changing the food service business address, license categories, notes, projects;

    (B) within the effective period of the food service license has engaged in food and beverage services;

    (C) transfer, alter, lending of the food service license, resell, rent, or otherwise unlawfully obtained a food service license of catering services.

    38th catering service provider has one of the following, by the food and drug administration under the Food Safety Act 85th of the rules shall be punished:

    (A) non-food raw materials, processed food or add a food additive other than chemicals and other substances that might harm human health, or recycled as raw material processed food;

    (B) the operation of pathogenic microbes, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances harmful to human health than food safety standards for a limited number of foods;

    (C) the management nutrients do not meet food safety standards specifically for infants and young children and other specific groups of primary and secondary food;

    (D) deterioration, oil Rancidity, mildew and insect management, filthy dirty, mixed with foreign bodies, adulteration of doping or abnormal sensory properties of food;

    (E) the operation of death, poisoning or unknown poultry, livestock, wild animals, aquatic animals, meat and meat products;

    (Vi) operating without the supervising agencies for animal health quarantine or not passed quarantine inspection of meat, or any inspection or unqualified meat products;

    (G) operating over the shelf life of the food;

    (VIII) manage the State prohibited business with special needs, such as food for disease prevention;

    (IX) relevant departments be ordered to recall or stop after the operation does not meet the food safety standards of food, still refuses to recall or stop operation;

    (J) the catering service provider illegal changing operating conditions resulting in serious consequences.

    39th catering service provider has one of the following, by the food and drug administration under the 86th of the food safety law shall be punished:

    (A) the operation or use of packaging materials, containers and means of transport, such as contamination of food;

    (B) the operation or use of unlabeled and he does not meet the Food Safety Act, regulation on the implementation of the food safety law-related labels and instructions provided for prepackaged foods and food additives;

    (C) management of add drugs food.

    40th disobey article tenth, 12th, 13th and 16th in the second paragraph (b), (c), (d), (h), (I) the relevant provisions, in accordance with the provisions of article 87th of the food safety law will be punished.

    41st in violation of the provisions of paragraph one of this article 22nd, by the food and drug administration under the Food Safety Act 88th of the rules will be punished.
42nd in violation of the provisions of article 16th tenth, by the food and drug administration under the Food Safety Act 91st of the rules will be punished.

    Article 43rd catering service provider breaches this article Nineth prescribed in the third paragraph, by the food and drug administration under the Food Safety Act punished the 92nd article.

    44th illegal gains shall be referred to herein, refers to a violation of the Food Safety Act, the regulations for the implementation of the food safety law and other food safety laws and regulations and regulatory provisions, engaged in food and beverage service activities by operating income. Article 45th value in these measures, refers to the catering service provider market the total amount of the food business.

    Calculated according to the purchase price of raw materials and food additives, calculated according to the raw material of semi-finished products, finished products at sale prices.

    Article 46th food service food safety supervision and administration in law enforcement, relating to the Food Safety Act, 85th, 86th, 87th, when applicable, the "serious nature" includes, but is not limited to the following situations:

    (A) for 12 consecutive months, by more than 2 times larger fines or 12 consecutive months subject to a closure of administrative penalties;

    (B) a significant social impact or deaths and other serious consequences.

    47th catering service provider initiative to eliminate or mitigate illegal consequences, or if there are other legal situation, shall be given a lighter or mitigated punishment.

    48th same violation of food safety law, the regulations for the implementation of the food safety law and other cases of food safety laws and regulations, two or more should be given administrative punishment of offences, the food and drug supervision and management departments should be cut separately and combined penalty.

    49th food and drug administration closed the food service license, revoked, the larger the amount of fines and other administrative penalties before a decision, it shall inform the parties have the right to request hearings.

    The parties to request a hearing, the food and drug regulatory agency shall organize the hearing.

    Not satisfied with the decision of the parties may apply for administrative reconsideration or bring an administrative suit.

    50th fails to observe the relevant laws and regulations of the food and drug regulatory agency responsibilities under or its staff abused their powers, neglect their duties, engages in behavior, the food and drug supervision and Administration Department shall be responsible for related personnel or persons given a demerit or downgrade penalties, causing serious consequences, punishment imposed dismissal or dismissal; its chief should resign.

    The sixth chapter supplementary articles

    51st of provinces, autonomous regions and municipalities directly under the food and Drug Administration can be combined with local conditions, in accordance with the measures of the implementing rules for the regulations.

    52nd at frontier port supervision and management within the food and beverage service activities by the entry-exit inspection and quarantine authorities in accordance with the food safety law and the People's Republic of China on frontier health and quarantine law and the administrative regulations implemented.

    Catering service providers operating on the water management of food safety, stop their origin, or the destination of the food and Drug Administration has the right to inspect and supervise.

    Railway operations in the food service supervision and administration in accordance with the measures. 53rd these measures come into force on May 1, 2010, the Ministry of health released on January 16, 2000 the catering food hygiene control abolished at the same time.