Regulations of Hebei Province on the Administration of Small Food Workshops and Food Vendors 2065438-2009

Small workshops and vendors engaged in food processing are widely distributed, large in number, small in scale and poor in conditions, which can easily lead to food safety accidents. From July 1 day, our province will implement the Regulations on the Management of Small Food Workshops and Food Vendors, which fills the legislative gap in this regard.

The promulgation of the Regulations is of great significance to food safety management. First of all, the business scope of small food workshops and food vendors is defined.

The "Regulations" clarify the access registration and vendor filing system for small workshops. In fact, as early as last year, the US Food and Drug Administration in Nantong took the improvement of bean products as a breakthrough and took the lead in implementing the registration and filing system for small food workshops. In the second half of last year, Satisfied Bean Products Processing Department of Development Zone got the first Temporary Registration Certificate of Small Workshop in the area.

According to statistics, there are more than 2,700 small food workshops in Nantong, with more than 1 10,000 employees. As food vendors have no fixed places, there is no data at present.

Regulations of Hebei Province on the Administration of Small Food Workshops and Food Vendors

Adopted at the 20th meeting of the Standing Committee of the 12th People's Congress of Hebei Province on March 29th.

Chapter I General Provisions

Article 1 In order to standardize the production and operation of food workshops, restaurants and stalls, strengthen food safety management, and ensure public health and life safety, these Regulations are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the production, operation, supervision and management activities of small food producers and operators such as food workshops, restaurants and stalls within the administrative area of this province.

Article 3 The term "small food workshops" as mentioned in these Regulations refers to individual operators who have fixed production and processing sites, poor production conditions, small business scale and few employees and engage in food production and processing activities.

The term "small-scale catering" as mentioned in these Regulations refers to individual operators who have fixed storefronts, simple conditions and few employees and are engaged in catering services.

The food stalls mentioned in these Regulations (hereinafter referred to as small stalls) refer to individual business operators who have no fixed business premises or engage in food sales or make and sell food on the spot in a relatively fixed area.

Fourth people's governments at or above the county level shall be responsible for organizing and leading the supervision and management of small workshops, restaurants and stalls within their respective administrative areas.

The Food Safety Committee of the people's government at or above the county level and its office shall comprehensively coordinate, supervise and guide the management of small workshops, restaurants and stalls, and promote comprehensive law enforcement.

Township (town) people's governments and sub-district offices are responsible for the investigation of food safety hazards, information reporting, assistance in law enforcement, publicity and education within their respective administrative areas, assisting food and drug supervision and management departments to do a good job in the supervision and management of small workshops, restaurants and stalls within their respective administrative areas, and working closely with various administrative organs to form a food safety work responsibility network with division of labor and contracted management.

Article 5 The food and drug supervision and administration department of the people's government at or above the county level shall be responsible for the supervision and management of the production and business activities of small workshops, restaurants and stalls within their respective administrative areas.

The departments of industry and commerce, quality and technical supervision, health and family planning, public security, education, urban management, environmental protection, ethnic and religious affairs, agriculture and forestry of the people's governments at or above the county level shall, within the scope of their respective functions and duties, do a good job in the supervision and management of small workshops, restaurants and stalls.

Article 6 Small workshops, restaurants and stalls shall engage in food production and marketing activities according to law, consciously abide by the food safety management system, and be responsible for the food safety of their production and marketing.

Food-related industry organizations should promote industry self-discipline, strengthen the construction of industry integrity, guide and standardize the production and operation of small workshops, restaurants and stalls according to law, and promote the improvement of food safety level in this industry.

Article 7 People's governments at all levels, consumer associations and news media should vigorously publicize food safety laws and regulations, scientific knowledge and advanced models of Suntech's law-abiding, guide consumers to enhance their awareness of food safety, safeguard their rights and protect themselves according to law, and conduct social supervision according to law.

Article 8 People's governments at or above the county level shall comprehensively manage small workshops, restaurants and stalls, strengthen services and unified planning, and encourage centralized management.

People's governments at or above the county level can encourage and support small workshops, restaurants and stalls to standardize their operations, improve their production and operation conditions and technology, and build their brands through business training, financial support, preferential venue rent and employment assistance.

Article 9 Any unit or individual has the right to complain or report illegal acts in the production and operation of small workshops, restaurants and stalls, obtain food safety information from the food and drug supervision and administration department according to law, and put forward opinions and suggestions on the law enforcement behavior and management services of relevant government departments and their staff.

Chapter II General Provisions

Tenth small workshops, restaurants and stalls engaged in production and operation shall comply with the following provisions:

(1) Food raw materials and food-related products meet food safety standards and relevant state regulations;

(2) raw and cooked food isolation;

(3) Packaging materials that come into contact with food shall be non-toxic, harmless and clean;

(4) The water used meets the hygienic standard for drinking water stipulated by the state;

(5) The environment, containers, tools and equipment for processing, storing, transporting, loading and unloading and selling food shall be safe, harmless and kept clean, and the kitchen waste shall have sealed storage equipment, and food and toxic and harmful substances shall not be mixed and transported;

(six) the use of food additives in accordance with national standards and regulations, food additives should be stored in special areas (cabinets) and kept by special personnel;

(7) The detergents and disinfectants used are safe and harmless to human body;

(eight) small restaurants, stalls without special tableware cleaning and disinfection facilities, should be used in accordance with the "People's Republic of China (PRC) Food Safety Law" provisions of tableware or centralized disinfection tableware;

(9) Small workshops and restaurants should keep a distance of more than 25 meters from pollution sources such as cesspits, sewage ponds, open-air garbage dumps (stations) and dry toilets, and set them outside the influence range of diffuse pollution sources such as dust, harmful gases and radioactive substances;

(ten) other requirements stipulated by laws and regulations.

Eleventh employees in small workshops, restaurants and stalls should maintain personal hygiene and wear clean work clothes, masks and gloves; Non-toxic, harmless and clean utensils should be used in the sale of unpackaged food for direct consumption.

Employees in small workshops, restaurants and stalls shall have annual health check-ups and engage in food production and business activities with valid health certificates. Persons suffering from diseases that hinder food safety as stipulated by the administrative department of health of the State Council shall not engage in direct contact with imported food.

Twelfth small workshops, small restaurants to implement registration certificate management, small stalls to implement record card management. There is no charge for issuing registration certificates and filing cards.

No unit or individual may forge, alter, falsely use, lease, lend or transfer the registration certificate or filing card in other forms.

Thirteenth small workshops, small catering registration certificate shall specify the operator's name, enterprise name, address, business items, telephone complaints and other information; The registration card of a small stall shall contain information such as the name of the operator, business items, area and complaint telephone number.

Small workshops, restaurants and stalls shall not engage in production and business activities other than the business items specified in the registration certificate and filing card. The business activities of small stalls shall not exceed the area specified in the record card.

The registration certificate for small workshops and restaurants is valid for three years, and the registration certificate for small stalls is valid for one year. Small workshops, restaurants and stalls may apply to the issuing department for a temporary registration certificate or filing card, which is valid for six months. If the registration certificate and filing card need to be extended after their expiration, they shall apply to the original issuing department within 30 days before the expiration.

Fourteenth small workshops, restaurants, stalls should be in a prominent position in the production and business premises, publicity practitioners registration certificate or filing card, health certificate. Small workshops and restaurants should also publicize the use information of food additives and accept social supervision.

Article 15 Small workshops, restaurants and stalls shall establish a record system for incoming goods inspection, inspect the production licenses, registration certificates, filing cards and product qualification certificates of purchased food raw materials, food additives and food-related products, truthfully record the names, addresses, contact information, purchase quantity, purchase time and other contents of suppliers, and keep relevant vouchers.

The storage period of inspection records and vouchers of small workshops, restaurants and stalls shall not be less than six months after the expiration of the shelf life of food. If there is no clear shelf life, the shelf life shall not be less than two years.

Sixteenth in the period of validity of the registration certificate, small workshops and restaurants need to resume production and operation after they have stopped operating for more than six months, they should apply to the original issuing department, and they can resume production and operation only after verification and approval by the original issuing department.

Seventeenth online food trading third-party platform providers should register small workshops, restaurants and stalls with real names, and clarify their food safety management responsibilities; Review its food business license or filing certificate according to law.

If the provider of the third-party platform for online food trading finds that the small workshops, restaurants and stalls accessing the network violate the provisions of these regulations, it shall stop them in time and immediately report to the food and drug supervision and administration department of the local people's government at the county level; If a serious illegal act is found, it shall immediately stop providing online trading platform services.

Chapter III Small Workshop

Eighteenth small workshops shall meet the following conditions:

(1) Having an independent production and processing place, the area of which is suitable for the production and processing capacity, and the layout meets the requirements of the technological process;

(2) Equipment and facilities suitable for the variety and quantity of food produced and processed, and corresponding equipment and facilities such as disinfection, changing clothes, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing and treatment of wastewater and lampblack, and storage of garbage and wastes;

(three) the ground and wall of the place meet the requirements of national standards;

(4) Having food safety management personnel and a sound food safety management system;

(5) Having other conditions stipulated by laws, regulations and food safety standards.

Nineteenth small workshops shall submit the following materials to the food and drug supervision and administration department of the county (city, district) people's government where they operate, and apply for the registration certificate of small workshops:

(1) an application;

(two) the identity certificates of the promoters and operators;

(3) Health certificates of employees;

(4) List of main food raw and auxiliary materials;

(5) Description of the food varieties to be produced and processed;

(six) a copy of the food safety standards implemented, if there is no food safety standard, provide the production process flow chart;

(seven) a description of the health and safety of the production and processing places;

(eight) management system to ensure food safety.

Twentieth county (city, district) people's government food and drug supervision and management departments shall conduct on-site verification after accepting the application. In accordance with the provisions of Article 18 and Article 19 of these regulations, a small workshop registration certificate shall be issued within ten working days, and the registration information shall be informed to the local township (town) people's government or the subdistrict office; For those who do not meet the requirements, inform the applicant in writing and explain the reasons.

The food and drug supervision and administration department of the county (city, district) people's government shall keep confidential the business secrets known in the examination and registration.

Twenty-first small workshops are not allowed to produce and process dairy products, quick-frozen foods and alcohol (liquor, beer, wine, fruit wine, etc.). ), canned food, beverage, health food, formula food for special medical use, infant formula food, infant supplementary food, jelly, food additives and other products whose production and processing are prohibited by laws and regulations.

Twenty-second small workshops prepackage food for production and processing, and labels should be attached to the packaging. The labels should indicate the food name, address, ingredients, producers and processors, production date, food storage conditions, shelf life, registration certificate number, contact information and other information. The contents marked on the label should be clear and legible.

Article 23 Before the food produced and processed by small workshops leaves the factory for the first time, it shall be inspected by a qualified food inspection agency before it can be sold. Within the validity period of the registration certificate, the small workshop shall inspect the food it produces and processes every year, and keep relevant certificates.

Chapter IV Small Catering

Twenty-fourth small catering shall meet the following conditions:

(a) there are fixed stores, the site area is suitable for the production and operation area, and the layout of each functional area is reasonable;

(2) Daylighting, ventilation, lighting, noise, etc. Meet the national health standards and requirements;

(three) kitchen rough machining, cooking, tableware cleaning and disinfection, food raw material storage areas and other places are clearly defined to prevent cross-contamination of food storage and operation; The operating room is effectively isolated from the dining place and bathroom;

(4) Equipped with effective facilities for refrigeration, washing, disinfection, oil fume purification, fly prevention, dust prevention, rat prevention and insect prevention, as well as containers or facilities for treating wastewater and storing kitchen waste.

Twenty-fifth small catering shall submit the following materials to the food and drug supervision and administration department of the local county (city, district) people's government and apply for a small catering registration certificate:

(1) an application;

(two) the identity certificates of the promoters and operators;

(3) Health certificates of employees;

(four) the plan of the business premises, the layout of equipment, sanitary facilities and other schematic diagrams;

(5) Management system to ensure food safety.

Twenty-sixth county (city, district) people's government food and drug supervision and management department shall conduct on-site verification after accepting the application. In accordance with the provisions of Article 24 and Article 25 of these regulations, the Small Catering Registration Certificate shall be issued within ten working days, and the registration information shall be informed to the local township (town) people's government or sub-district office; For those who do not meet the requirements, inform the applicant in writing and explain the reasons.

Twenty-seventh small restaurants shall not engage in decorative cakes, raw aquatic products and other foods prohibited by laws and regulations.

Chapter V Small stalls

Article 28 Anyone who engages in the business activities of small stalls shall have tools, containers, countertops, fly-proof, rain-proof and dust-proof equipment and facilities that are suitable for the variety and quantity of food they operate.

Twenty-ninth small stalls to receive the record card shall submit the following materials:

(a) the identity certificate of the operator;

(2) Health certificates of employees;

(3) Business scope.

Thirtieth small stalls should be filed with the township (town) people's government, street offices and receive a small stall filing card (hereinafter referred to as the filing card). The township (town) people's government or sub-district office shall, in accordance with the provisions, issue filing cards to eligible small stalls, and report the filing information of small stalls to the food and drug supervision and administration department of the county (city, district) people's government.

Article 31 Small stalls shall not sell high-risk foods such as bulk liquor, food additives, health foods, formula foods for special medical purposes, infant formula foods, and infant supplementary foods.

Chapter VI Supervision and Administration

Article 32 The county (city, district) people's government shall, according to the actual situation, make overall consideration of traffic, noise, city appearance, surrounding environment, historical evolution, people's needs and other factors, delimit the business areas of small workshops, small restaurants and small stalls according to the principle of convenient living and reasonable layout, and publish them in time.

Areas suitable for small workshops, small restaurants and stalls to set up morning markets, night markets or centralized production and trading markets should be built as a whole, managed centrally and equipped with inspection, power supply, water supply, sewage discharge and other equipment and facilities.

Small stalls are prohibited from operating within 0/00 meters of the entrance of schools and kindergartens.

Article 33 People's governments at or above the county level shall formulate annual food safety supervision and management plans for small workshops, restaurants and stalls, and organize their implementation.

People's governments at or above the county level shall organize food and drug supervision and management departments and township (town) people's governments and sub-district offices to comprehensively manage the regional and universal food safety problems existing in small workshops, restaurants and stalls.

Article 34 The food and drug supervision and administration department shall, according to the annual food safety supervision and management plan of small workshops, restaurants and stalls, formulate implementation plans, strengthen daily supervision and inspection through inspections and spot checks, focus on the production and business activities of small workshops, restaurants and stalls with high risk of food safety accidents, and promptly investigate and deal with food safety violations.

Article 35 Township (town) people's governments and sub-district offices shall establish a team of food safety supervisors, coordinators and information officers, strengthen on-site inspection, and urge small workshops, restaurants and stalls to standardize production and operation. When illegal production and business operations are found, they should be stopped in time and reported to the food and drug supervision and administration department.

Township (town) people's governments and sub-district offices shall, in accordance with the provisions, submit statistical information of small stalls to the food and drug supervision and management departments, and assist in supervision and management.

Village (neighborhood) committees shall assist township (town) people's governments and subdistrict offices to carry out food safety supervision and inspection, and report food safety violations to relevant departments in a timely manner.

Article 36 The food and drug supervision and administration department of the county (city, district) people's government, the administrative department for industry and commerce, the urban management department, the township (town) people's government and the subdistrict office shall establish an online information platform to realize online application, information sharing and linkage examination and approval of small workshops, restaurants and stalls, licensed business areas, industrial and commercial registration and other matters.

Article 37 The promoters of centralized production trading markets, lessors of counters, lessors of places and organizers of trade fairs, temple fairs and expositions shall assist in fulfilling the following obligations according to the requirements of the food and drug supervision and administration department:

(a) check the relevant certificates and information of small workshops, restaurants and stalls;

(two) to check the production and operation environment and conditions of small workshops, restaurants and stalls, and to stop and report illegal acts in time;

(three) the establishment of small workshops, restaurants, stalls files and management system.

Article 38 The food and drug supervision and administration department of the people's government of a city divided into districts may formulate a food catalogue produced and processed by small workshops or a food catalogue prohibited from production and processing, and report it to the food and drug supervision and administration department of the provincial people's government for the record after being approved by the people's government at the same level, and make it public.

Thirty-ninth food and drug supervision and management departments shall, in accordance with the provisions, conduct sampling inspection on the food produced and operated by small workshops, restaurants and stalls. Focus on sampling the food that consumers report more and consume more in this administrative area.

Sampling inspection shall purchase sampling samples, entrust a qualified food inspection agency for inspection according to law, and pay relevant expenses. Do not charge inspection fees and other fees to small workshops, restaurants and stalls.

Article 40 The food and drug supervision and administration department shall train employees in small workshops, restaurants and stalls, food safety supervisors, coordinators and information workers in food safety laws and regulations, food safety standards and professional knowledge, and shall not charge fees.

Article 41 The food and drug supervision and management department shall publicize the supervision and management information of small workshops, restaurants and stalls to the public through government websites, press conferences, radio, television, newspapers and other ways that are easy for the public to know. Involving major food safety information, it should be released in a timely and unified manner in accordance with relevant regulations, and ensure the authenticity and integrity of the information.

Any unit or individual has the right to supervise the published information and put forward opinions and suggestions.

Article 42 The food and drug supervision and administration department of the people's government at or above the county level shall publish the unit address, telephone number and e-mail address of the department and accept inquiries, complaints and reports.

Complaints and reports shall be verified and handled in a timely manner and recorded. The department that accepts complaints and reports shall keep confidential the complainants and informants and safeguard their legitimate rights and interests. Informants who provide clues about illegal acts and are verified by investigation shall be rewarded in accordance with relevant regulations, and rewards shall be approved and issued in a timely manner.

Article 43 The food and drug supervision and administration department of the county (city, district) people's government shall establish credit files of small workshops, restaurants and stalls, and record the registration information, the results of daily supervision and inspection, and the investigation and punishment of illegal acts. , and announced to the public in accordance with the law, real-time update. Increase the frequency of supervision and inspection of small workshops, restaurants and stalls with bad credit records.

Article 44 People's governments at or above the county level shall establish a blacklist system to blacklist small workshops, restaurants and stalls that have one of the following acts and refuse to correct food safety accidents:

(a) in violation of the provisions of food safety standards, the use of food additives beyond the scope and beyond the limit;

(two) the production and operation of spoiled, expired, adulterated and adulterated food.

The blacklist shall be published according to law. Blacklisted small workshops, restaurants and stalls shall not engage in food production and business activities within three years.

If a party has any objection to being blacklisted, it has the right to bring an administrative reconsideration or an administrative lawsuit according to law.

After the expiration of the blacklist period, if it is accepted by the food and drug supervision and administration department of the people's government at or above the county level, it will be deleted from the blacklist.

Forty-fifth food and drug supervision and management departments have the right to take the following measures when performing their duties of food safety supervision and management in small workshops, restaurants and stalls:

(a) to enter the production and business premises for on-site inspection;

(two) sampling inspection of food production and operation;

(three) to consult and copy the relevant contracts, documents, account books and other relevant materials;

(4) sealing up and detaining foods that have evidence to prove that they do not meet food safety standards or have potential safety hazards, food raw materials, food additives and food-related products used illegally, and tools and equipment used for illegal production and operation or being polluted;

(five) to seal up places illegally engaged in food production and business activities.

Urban management departments can implement supervision and inspection of small stalls in urban outdoor public places that have not obtained the record card in accordance with the provisions of the preceding paragraph.

When conducting supervision and inspection, the food and drug supervision and administration department and the urban management department shall show their administrative law enforcement certificates, enforce the law in a civilized manner, and shall not ask for or accept property or seek other illegal interests.

Article 46 If small workshops, restaurants and stalls find that the purchased food, food additives or food-related products have potential safety hazards, they shall immediately stop using and selling them, and report to the food and drug supervision and administration department or the township (town) people's government and sub-district office where they operate.

Article 47 In the event of a food safety accident, the people's governments at or above the county level and their relevant departments shall investigate and deal with it in accordance with the provisions of laws, regulations and emergency plans for food safety accidents.

Small workshops, restaurants and stalls where food safety accidents occur should take immediate measures to prevent the situation from expanding. Units and individuals that have accidents and medical institutions that treat patients shall immediately report to the food and drug supervision and administration, health administration and other departments of the people's government of the county (city, district) where the accident occurred.

No unit or individual may conceal, falsely report or delay reporting food safety accidents, or conceal, forge or destroy relevant evidence.

Chapter VII Legal Liability

Article 48 If, in violation of the provisions of these Regulations, the people's governments at or above the county level and their food and drug supervision and administration departments commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:

(a) after accepting the complaint or report, it is not handled in time;

(2) divulging the information of the informant or the contents of the report;

(3) granting registration to applicants who do not meet the requirements;

(four) the online information platform has not been established, which affects the linkage examination and approval;

(5) failing to organize the implementation of the annual food safety supervision and management plan or scheme for small workshops, restaurants and stalls within their respective administrative areas;

(6) Failing to perform the duties of food safety supervision and management, resulting in food safety accidents or failing to report and handle food safety accidents in time;

(seven) the blacklist should be established but not established;

(eight) the illegal implementation of inspection, enforcement and other law enforcement measures;

(nine) other acts of abuse of power, dereliction of duty, favoritism.

Forty-ninth township (town) people's government, street offices do not perform their duties in accordance with the provisions of this Ordinance, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 50 Where a small workshop, restaurant or stall violates the provisions of Article 21, Article 27 and Article 31 of this Ordinance, the food and drug supervision and administration department of the county (city, district) people's government shall confiscate the illegal income, food illegally produced and operated, food additives and raw and auxiliary materials used for illegal production and operation, and impose a fine of not less than 5,000 yuan but not more than 15,000 yuan; If the circumstances are serious, the original issuing department shall revoke the registration certificate, cancel the filing card and confiscate the tools, equipment and other items used for illegal production and operation.

Article 51 Where a small workshop or restaurant violates the provisions of Articles 20 and 26 of these regulations and engages in food production and business activities without obtaining a registration certificate, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections; Refuses to correct, confiscate the illegal income and illegal production and operation of food, and impose a fine of more than one thousand yuan and three thousand yuan. If the circumstances are serious, the tools, equipment and other articles used for illegal production and processing shall be confiscated.

Small stalls in violation of the provisions of Article 30 of these regulations, without obtaining a record card to engage in food business activities, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections; Refuses to correct, confiscate the illegal income and illegal food business, and impose a fine of two hundred yuan to five hundred yuan; If the circumstances are serious, tools, equipment, raw materials and other items used for illegal business operations may be confiscated.

Small stalls in urban outdoor public places without filing cards shall be punished by the urban management department in accordance with the preceding paragraph.

Fifty-second in violation of the provisions of this Ordinance, one of the following acts, the county (city, district) people's government food and drug supervision and management and other relevant departments shall be ordered to make corrections; Refuses to correct, a fine of three hundred yuan for small workshops and restaurants, and a fine of one hundred yuan for small stalls:

(a) there is no health certificate;

(two) the registration certificate (record card) or health certificate is not hung;

(three) the use of tableware and drinking utensils without cleaning and disinfection.

Article 53 Where a small workshop, restaurant or stall violates the provisions of Article 10 of these regulations, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections; Refuses to correct, a fine of five hundred yuan and one thousand five hundred yuan; If the circumstances are serious, it shall be ordered to stop production and business until the original issuing department revokes the registration certificate and cancels the filing card.

Article 54 Where a small workshop, restaurant or stall violates the provisions of Article 15 and Article 23 of these regulations, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections; Refuses to correct, the small workshops and restaurants shall be fined above 500 yuan 1500 yuan, and the small stalls shall be fined above 100 yuan and below 300 yuan.

Fifty-fifth small workshops and restaurants in violation of the provisions of article sixteenth of these regulations, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections; Refuses to correct, punishable by a fine of five hundred yuan and one thousand five hundred yuan.

Article 56 If the promoters of centralized production and trading markets, lessors of counters, lessors of venues and houses, organizers of fairs, temple fairs and expositions violate the provisions of these Regulations, allowing small workshops, restaurants and stalls that have not obtained registration certificates or filing cards according to law to enter the market to produce and operate food, or fail to perform inspection and reporting obligations, the food and drug supervision and administration department of the county (city, district) people's government shall order them to make corrections and confiscate their illegal income; Damage to the legitimate rights and interests of consumers, and small workshops, small restaurants, small stalls bear joint and several liability.

Article 57 Anyone who violates the provisions of Article 17 of these regulations shall be punished in accordance with Article 131 of the Food Safety Law of People's Republic of China (PRC).

Fifty-eighth small workshops, restaurants and stalls whose registration certificates or registration cards have been revoked shall not engage in food production and business activities within three years from the date of the decision on punishment.

Article 59 Where a small workshop, a small restaurant or a small stall is ordered to stop production or business, or its registration certificate or filing card is revoked for three times within one year, the food and drug supervision and administration department of the county (city, district) people's government shall order it to stop production or business until the registration certificate or filing card is revoked by the original issuing department.

Sixtieth in violation of the provisions of the second paragraph of Article 12 of these regulations, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections and give it a warning; Refuses to correct, the original issuing department shall revoke the registration certificate and cancel the filing card.

Article 61 Whoever, in violation of the provisions of these Regulations, refuses, obstructs or interferes with the relevant departments, institutions and their staff in carrying out food safety supervision and inspection and accident investigation and handling according to law, shall be ordered by the relevant departments to stop production and operation, and shall be imposed with a fine ranging from 1000 yuan to 3000 yuan; If the circumstances are serious, the original issuing department shall revoke the registration certificate and cancel the filing card; If it constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law.

Sixty-second violation of the provisions of this Ordinance, causing damage, shall bear tort liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Sixty-third primary and secondary school students off-campus dining places, community day care restaurants for the elderly, rural banquets and other catering service formats, with reference to the relevant provisions of these regulations.

Article 64 These Regulations shall come into force as of July 1 year 1 day.