No. 80
The Rules for the Implementation of the Regulations on the Administration of Hygiene in Public ****ing Places were considered and adopted by the Ministerial Meeting of the Ministry of Health on February 14, 2011, and are hereby promulgated to come into force as of May 1, 2011.
Minister Chen Zhu
March 10, 2011
Rules for the Implementation of the Regulations on the Administration of Sanitation in Public ****ing Places
Chapter I. General Provisions
Article 1: The present rules are formulated in accordance with the provisions of the Regulations on the Administration of Sanitation in Public ****ing Places.
The second public **** place operators in business activities, shall comply with relevant health laws, administrative regulations and departmental rules and regulations, as well as relevant health standards and norms, to carry out public **** place hygiene knowledge propaganda, prevention of infectious diseases and protection of public health, to provide customers with a good hygienic environment.
Article 3 The Ministry of Health is in charge of the supervision and management of hygiene in public **** places throughout the country.
The health administrative departments of the local people's governments at or above the county level are responsible for the supervision and management of health in public **** places in their administrative areas.
State border crossings and entry-exit transportation health supervision and management work by the entry-exit inspection and quarantine agencies in accordance with relevant laws and regulations.
The competent health department under the railroad department is responsible for the supervision and management of hygiene in stations, waiting rooms, railroad coaches and public **** places mainly serving the employees of the system under its jurisdiction.
Article 4 of the local people's governments at or above the county level, the health administration department shall, according to the public **** place health supervision and management needs, establish and improve the public **** place health supervision team and the public **** place health monitoring system, formulate the public **** place health supervision plan and organization and implementation.
Article 5 Encourage and support the public **** place industry organizations to carry out industry self-regulation education, guide the public **** place operators in accordance with the law, promote the industry's integrity construction, publicity and popularization of public **** place health knowledge.
Article VI Any unit or individual in violation of these rules, the right to report. Receive the report of the health administration shall promptly investigate and deal with, and in accordance with the provisions of the reply.
Chapter II Health Management
Article 7 The legal representative or person in charge of the public **** place is the first person responsible for the health and safety of its business premises.
Public **** place operators should set up health management department or with full-time (part-time) health management personnel, specifically responsible for the public **** place of health work, establish and improve the health management system and health management files.
Article VIII of the public **** place health management files should mainly include the following contents:
(a) health management department, personnel set up and health management system;
(b) the air, micro-climate (humidity, temperature, wind speed), water quality, lighting, lighting, noise detection;
(c) customer supplies and utensils cleaning, Disinfection, replacement and testing;
(d) the use of sanitation facilities, maintenance, inspection;
(e) centralized air-conditioning ventilation system cleaning, disinfection;
(f) arrangements for health checks of employees and training and assessment;
(g) public **** hygiene supplies purchase certificate management;
(h) (8) public **** premises health hazards (H) public **** place of health hazards emergency response plan or program;
(IX) provinces, autonomous regions, municipalities directly under the Central Health Administration requires records of other situations.
Public **** place health management files should be managed by specialized personnel, categorized records, kept for at least two years.
Article IX public **** place operators shall establish a health training system, the organization of practitioners to learn the relevant health law knowledge and public **** place health knowledge, and assessment. Failure to pass the assessment, shall not be arranged to work.
Article 10 of the public **** place operators shall organize annual health checks of employees, employees in obtaining a valid health certificate before taking up their duties.
People suffering from dysentery, typhoid fever, viral hepatitis A, viral hepatitis E and other infectious diseases of the digestive tract, as well as active tuberculosis, suppurative or exudative skin diseases and other diseases of the personnel, before the cure shall not be engaged in direct customer service.
Article XI of the public **** place operators should keep the public **** place air circulation, indoor air quality should be in line with national health standards and requirements.
Public **** places using centralized air-conditioning ventilation system, shall comply with the requirements of public **** places centralized air-conditioning ventilation system related health norms and regulations.
Article XII of the public **** place operators to provide customers with the use of drinking water should be in line with national health standards for drinking water requirements. Swimming pool (hall) and public **** bathroom water quality shall comply with national health standards and requirements.
Article XIII of the public **** place of lighting, noise shall comply with national health standards and requirements.
Public **** places should try to use natural light. Natural lighting is not enough, the public **** place operators should be configured with the scale of its business premises appropriate lighting facilities.
Public **** place operators should take measures to reduce noise.
Article XIV of the public **** place operators to provide customers with the use of supplies and utensils should ensure health and safety, can be repeated use of supplies and utensils should be a customer for a change, in accordance with the relevant health standards and requirements of cleaning, disinfection, cleaning. Prohibit the repeated use of disposable supplies and utensils.
Article XV of the public **** place operators should be based on the scale of operation, the project set up cleaning, disinfection, cleaning, washing and other facilities and equipment and public **** bathroom.
Public **** place operators shall establish health facilities and equipment maintenance system, regular inspection of health facilities and equipment, to ensure their normal operation, shall not be removed without authorization, remodeling or diverted to other uses. Public **** place to set up the bathroom, there should be separate ventilation and exhaust facilities, keep clean and odorless.
Article XVI of the public **** place operators shall be equipped with safe and effective prevention and control of mosquitoes, flies, cockroaches, rats and other vector-borne organisms and waste storage facilities and equipment, and to ensure that the normal use of the relevant facilities and equipment, and timely removal of waste.
Article XVII of the public **** site selection, design, decoration shall comply with relevant national standards and norms.
Public **** place of indoor decoration shall not operate during the period. Local decoration, the operator shall take effective measures to ensure that the business of non-decorated areas of indoor air quality.
Article 18 of the indoor public **** places prohibit smoking. Public **** place operators shall set up conspicuous no-smoking warnings and signs.
Outdoor public **** place to set up the smoking area shall not be located in the passages that pedestrians must pass.
The public **** place shall not set up vending machines.
Public **** place operators should carry out smoking health hazards of publicity, and equipped with full-time (part-time) staff to discourage smokers.
Article 19 of the public **** place operators shall, in accordance with health standards, norms of the requirements of the public **** place of air, microclimate, water quality, lighting, illumination, noise, customer supplies and appliances, etc., health testing, testing shall not be less than once a year; the test results do not meet the hygiene standards, norms of the requirements of the public **** place should be rectified in a timely manner.
Public **** place operators do not have the ability to test, can be entrusted to test.
Public **** place operators should be in a conspicuous position to truthfully publicize the results of the test.
Article 20 of the public **** place operators shall develop public **** place of health hazards contingency plans or programs, regular inspection of public **** place of health systems, measures to implement the situation, and timely elimination of potential hazards to public health.
Article 21 of the public **** place of occurrence of health hazards, the operator shall immediately dispose of, to prevent the expansion of the hazard, and promptly report to the health administrative department of the people's government at the county level.
Any unit or individual of health hazards accident shall not conceal, slow report, false report or authorize others to conceal, slow report, false report.
Chapter III Health Supervision
Article 22 of the State of public **** places to implement health license management.
The operator of a public **** place shall, in accordance with the provisions of the local people's government at or above the county level to apply for a health license to the administrative department of health. Without a health license, shall not operate.
The specific scope of health supervision of public **** places by the provincial, autonomous regions, municipalities directly under the Central People's Government health administrative department announced.
Article 23 The operator of a public **** place to apply for a health license shall submit the following information:
(1) health license application form;
(2) legal representative or person in charge of the identity card;
(3) the address of the public **** place location schematic diagrams, floor plans and sanitation facilities layout map;
(4) ) public **** place health testing or evaluation report;
(E) public **** place health management system;
(F) provinces, autonomous regions, municipalities directly under the Central Health Administration required to provide other materials.
The use of centralized air-conditioning ventilation system, should also provide a centralized air-conditioning ventilation system health testing or evaluation report.
Article 24 of the local people's government at or above the county level, the health administrative department shall accept applications for public **** place health permit within 20 days from the date of application for review of the declared information, on-site review, in line with the prescribed conditions, to make the decision to grant health permits to the public **** place; not in line with the prescribed conditions, to make the decision of no administrative license and a written explanation of the reasons.
Article 25 of the public **** place health license shall contain the number, the name of the unit, the legal representative or person in charge, the business project, the address of the business premises, the licensing authority, the time of issuance, expiration date.
Public **** place health license is valid for four years, every two years review.
Public **** place health license should be prominently displayed in the business premises.
Article 26 of the public **** place for new construction, alteration, expansion, shall meet the relevant health standards and requirements, the operator shall, in accordance with the relevant provisions of the preventive health review procedures.
Preventive health review procedures and specific requirements by the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government health administrative departments.
Article 27 of the public **** place operators to change the name of the unit, the legal representative or person in charge, shall be licensed to the original administrative department of health for change procedures.
Public **** place operators to change the business project, the address of the business premises, shall be to the local people's government at or above the county level of the health administrative department to reapply for a health license.
Public **** place operators need to continue the health license, should be in the health license expires 30 days ago, to the original licensing health administrative department to apply.
Article 28 The health administrative department of the people's government at or above the county level shall organize the public **** place of health hazards monitoring, analysis, for the development of laws and regulations, health standards and implementation of supervision and management to provide a scientific basis.
Disease prevention and control organizations above the county level shall undertake the health administrative department issued by the public **** place health hazards monitoring tasks.
Article 29 of the local people's governments at or above the county level, the health administrative department shall implement quantitative grading management of public **** place health supervision, to promote the public **** place itself health management, and enhance the transparency of health supervision information.
Article 30 The health administrative departments of the local people's governments at or above the county level shall determine the health credibility of the public **** places based on the results of the quantitative evaluation of health supervision and the frequency of daily supervision.
Public **** place health credibility level should be publicized in the public **** place in a conspicuous position.
Article 31 of the local people's government at or above the county level, the health administrative department of the public **** places for supervision and inspection, shall be based on the relevant health standards and requirements, to take on-site health monitoring, sampling, inspection and copying of documents, inquiries and other methods, the relevant units and individuals shall not refuse or conceal.
Article 32 The health administrative department of the people's government at or above the county level shall strengthen the public **** place health supervision and sampling, and the sampling results will be announced to the community.
Article 33 The health administrative department of the local people's government at or above the county level on the occurrence of health hazards of public **** place, can be taken in accordance with the law to close the place, sealing the relevant items and other temporary control measures.
After testing, belonging to the contaminated premises, items, shall be disinfected or destroyed; for the uncontaminated premises, items or items that can be used after disinfection, shall be lifted control measures.
Article 34 to carry out public **** place health inspection, testing, evaluation and other business technical service organizations, shall have the appropriate professional and technical capabilities, in accordance with the relevant health standards, norms and regulations of the requirements of the work, shall not issue false inspection, testing, evaluation and other reports.
Technical service institutions of professional and technical capabilities of the provincial, autonomous regions and municipalities directly under the Central People's Government health administrative departments to organize the assessment.
Chapter IV Legal Liability
Article 35 of the public **** place of business without obtaining a health license according to law, by the local people's government at or above the county level of the administrative department of health ordered to make corrections within a specified period of time, give a warning and impose a fine of more than 500 yuan 5,000 yuan; one of the following circumstances, impose a fine of more than 5,000 yuan 30,000 yuan:
(a) unauthorized Business has been punished by the health administrative department;
(2) unauthorized business in more than three months;
(3) to alter, transfer, sell, counterfeit health permit unauthorized business.
The alteration, transfer, sell a valid health license, the original issuance of health administrative department shall be canceled.
Article 36 The operator of a public **** place in one of the following circumstances, by the local people's government at or above the county level, the health administrative department shall order rectification within a certain period of time, give a warning, and may impose a fine of less than 2,000 yuan; overdue correction, resulting in the quality of health of the public **** place does not meet the hygiene standards and requirements, shall be sentenced to a fine of more than 2,000 yuan of less than 20,000 yuan; the circumstances are serious, may be ordered by law to Suspension of rectification, until the revocation of the health license:
(a) not in accordance with the provisions of the public *** place of air, micro-climate, water quality, lighting, lighting, noise, customer supplies and utensils, etc., health testing;
(b) not in accordance with the provisions of the customer supplies and utensils cleaning, disinfection, cleaning, or re-use of disposable supplies and utensils.
Article 37 of the public **** place operators have one of the following circumstances, by the local people's government at or above the county level health administrative department shall order rectification; overdue, a warning, and impose a fine of more than 1,000 yuan of 10,000 yuan; for refusal to supervise the fine of more than 10,000 yuan of 30,000 yuan; the circumstances are serious, it may be ordered by law to suspend business rectification, until the revocation of the health license:
(a) not in accordance with the provisions of the establishment of health management system, set up health management department or with full-time (part-time) health management personnel, or not establish health management files;
(b) not in accordance with the provisions of the organization of practitioners for the knowledge of the relevant health laws and public **** place health knowledge training, or arrange for the practitioners without the knowledge of the relevant health laws and public **** place health knowledge training and assessment of practitioners on duty Knowledge of training and assessment of practitioners on duty;
(3) not in accordance with the provisions of the set up its scale of operation, project-compatible cleaning, disinfection, cleaning, washing and other facilities and equipment and public **** restrooms, or without permission to stop using the above facilities and equipment, demolition, or diverted to other uses;
(4) not in accordance with the provisions of the prevention and control of rats, mosquitoes, flies, cockroaches and other disease vector Organisms of the facilities and equipment and waste storage of special facilities and equipment, or unauthorized cessation of use, demolition of prevention and control of rodents, mosquitoes, flies, cockroaches and other vector organisms of the facilities and equipment, as well as waste storage of special facilities and equipment;
(e) not in accordance with the provisions of the request for public **** hygiene supplies test certificates and other related information;
(f) not in accordance with the provisions of the public ** * place of new construction, alteration, expansion projects for preventive health review procedures;
(vii) public *** place of centralized air-conditioning ventilation system without health testing or evaluation of unqualified and put into use;
(viii) not in accordance with the provisions of the public *** place of health licenses, health test results and health credibility rating;
(ix) not in accordance with the provisions of the For public **** place health license review procedures.
Article 38 If the operator of a public **** place arranges for employees who have not obtained a valid health qualification certificate to engage in direct customer service, the health administrative department of the local people's government at or above the county level shall order rectification within a certain period of time, give a warning and impose a fine of not less than 500 yuan and not more than 5,000 yuan; and if no rectification is made after the expiration of the period of time, a fine of not less than 5,000 yuan and not more than 15,000 yuan shall be imposed.
Article 39 of the public **** place operators on the occurrence of health hazards did not immediately take measures to deal with the accident, resulting in the expansion of the hazard, or concealment, slow reporting, false reporting, by the local people's government at or above the county level, the administrative department of health shall be sentenced to a fine of not less than 5,000 yuan to 30,000 yuan; if the circumstances are serious, it may be ordered by law to suspend business rectification, up to the revocation of the health license. Constitutes a crime, shall be investigated for criminal responsibility.
Article 40 The public **** place operators violate other health laws and administrative regulations, should be given administrative punishment, in accordance with the relevant health laws and administrative regulations.
Article 41 The health administrative departments of the people's governments at or above the county level and their staff members who neglect their duties, abuse their powers, or receive bribes, shall be subject to administrative sanctions by the relevant departments against the unit head, directly responsible supervisory personnel and other responsible personnel in accordance with the law. Constitutes a crime, shall be investigated for criminal responsibility.
Chapter V Supplementary Provisions
Article 42 The meaning of the following terms in these rules:
Centralized air-conditioning and ventilation system, refers to the room or enclosed space in order to make the air temperature, humidity, cleanliness, and air velocity and other parameters to meet the set requirements, and the air for centralized treatment, delivery, distribution of all equipment, piping and accessories, the sum of the instrumentation.
Public *** place of hazardous health accidents, refers to the public *** place of infectious disease outbreaks or due to air quality, water quality does not meet the hygiene standards, supplies and appliances or facilities are contaminated resulting in hazardous to public health accidents.
Article 43 These rules from May 1, 2011 shall come into force. Ministry of Health issued on March 11, 1991, "public **** place health management regulations implementation rules" shall be repealed at the same time.