Full text:
Measures of Shanghai Municipality on the Administration of Food Vendors
Article 1 (Purpose and Basis)
In order to standardize the business behavior of food vendors in this city, ensure food safety, and ensure public health and life safety, according to the Food Safety Law of People's Republic of China (PRC) and its implementation
Article 2 (Scope of Application)
These Measures shall apply to the business activities of food vendors within the administrative area of this Municipality and the implementation of comprehensive planning, information registration, publicity and food business supervision and management activities for food vendors.
Article 3 (Responsibilities of District and County People's Governments)
The district (county) people's government shall, in accordance with the requirements of "convenience for the masses, rational distribution" and "total control, combination of unblocking and blocking, steady progress, territorial management and orderly supervision", define the corresponding fixed business premises of food vendors in the region, take measures to encourage food vendors to concentrate on distribution and standardize their operations, and guide food vendors to operate in fixed places such as centralized trading markets and shops.
According to the actual situation in the region, the district (county) people's government may, jointly with the relevant township and town people's governments and sub-district offices, delimit the temporary business areas (points) and fixed periods of food vendors and announce them to the public. The designated temporary areas (spots) are temporary public welfare places for the convenience of the people, and shall not disturb the people and affect the safety, traffic, city appearance and environment.
Article 4 (Responsibilities of Departments)
The food and drug supervision and administration department (market supervision and administration department) is responsible for guiding, supervising and managing the business activities of food vendors in designated temporary areas (spots) and fixed time periods.
The administrative law enforcement department of urban management is responsible for investigating and dealing with the behavior of occupying roads and other public places to set up stalls and operate food outside designated areas (spots) and fixed time periods, which affects the city appearance and environmental sanitation.
Greening and city management, urban management administrative law enforcement departments are responsible for the supervision and management of the collection, transportation, disposal, city appearance and environmental sanitation of kitchen waste oil and kitchen waste in the temporary business areas (points) of food vendors.
Other relevant departments shall, within the scope of their respective duties, cooperate with the supervision and management of food vendors.
Article 5 (Duties of Township People's Governments and Sub-district Offices)
Township People's governments and sub-district offices are responsible for the information registration and management of food vendors in their respective jurisdictions, issue public signs, and inform the local (county) food and drug supervision and management, urban management administrative law enforcement, greening urban management and other departments of the registration information of food vendors.
Township people's governments and sub-district offices shall organize and coordinate relevant departments within their respective jurisdictions to implement joint law enforcement and free education and training for food vendors. At the same time, strengthen the inspection and management of temporary areas (spots) of food vendors and give full play to the role of social supervision.
Township people's governments and sub-district offices shall set up signs in the designated food vendors' business premises, clarify the management system of standardized operation of food vendors, strengthen the management of business varieties and methods, meet the requirements of citizens and accept social supervision.
Township people's governments and sub-district offices are encouraged to provide necessary infrastructure and supporting facilities suitable for the business format for the temporary areas (spots) designated by food vendors.
Article 6 (Social Participation and Industry Self-discipline in the Management of Food Vendors)
Encourage food business enterprises or social professional institutions with good credit records to actively participate in the management of food vendors and provide food safety guarantee services for food vendors operating places with centralized transactions.
Encourage food industry associations to strengthen self-discipline of food vendors and guide food vendors to operate according to law.
Article 7 (Responsibility of Food Vendors)
Food vendors should engage in food business activities in accordance with food safety laws, regulations, rules and food safety standards, be responsible to the society and the public, ensure food safety and clean city appearance and environment, assume social responsibilities and accept social supervision.
Food vendors shall, in accordance with the registered food business scope, engage in food business activities in temporary areas (spots) and fixed time periods designated by the district (county) people's government.
Article 8 (Information Registration)
Before engaging in food business activities, food vendors shall provide the following information and materials to the Township People's Government or the community affairs acceptance service center of the subdistrict office where they operate, make a commitment to food safety responsibility, and obtain the Public Signboard for Temporary Business of Food Vendors:
(a) food vendors business information registration form;
(two) the city's household registration or residence certificate, the identity certificate of the stall owner and the health certificate of the food practitioners;
(3) A written commitment to engage in registered food business activities in the designated temporary area (point) and the specified time period.
Township People's governments or sub-district offices shall, according to the actual capacity of stalls in designated temporary areas (spots), accept and register the registration information submitted by food vendors in accordance with the principle and order of "fairness, justice and openness", and issue the "Public Card for Temporary Operation of Food Vendors" after the designated institutions verify the registration information.
Article 9 (Information Change)
If a food vendor needs to change the registration information and the information recorded in the temporary business publicity card of the food vendor, it shall go through the registration formalities at the Township People's Government or the community affairs acceptance service center of the subdistrict office where the business premises are located.
The information mentioned in the preceding paragraph includes the address, telephone number, business scope, business varieties and information of food practitioners of the food vendor information registration applicant.
Article 10 (Preservation of Publicity Cards)
Food vendors shall not transfer, alter, lease or lend the temporary business bulletin board of food vendors.
Article 11 (Operating Conditions and Requirements of Food Vendors)
Food vendors engaged in food business shall comply with the provisions of Articles 314th, 315th and 316th of the Implementation Measures and the following business requirements:
(a) engaged in business activities in accordance with the matters registered in the registration form;
(two) hanging "food vendors temporary business license" and food practitioners health certificate;
(3) Providing tableware and drinking utensils that meet the food safety standards and requirements;
(four) to participate in food safety training organized by relevant government departments;
(5) If food, tools and containers need to be cleaned on site, cleaning facilities or equipment with water supply and drainage conditions shall be set up, and sewage discharge shall not affect the surrounding environment;
(six) kitchen waste and kitchen waste oil should be stored in special covered or closed containers, and shall not pollute the surrounding environment;
(seven) food vendors stalls and open toilets, septic tanks, septic tanks, sewage pools, garbage dumps (stations) and other pollution sources should be more than 25 meters.
It is forbidden for food vendors to set up stalls at the gates of kindergartens, primary and secondary schools 100 meters.
Article 12 (prohibitive clauses)
Food vendors shall not engage in the food prohibited in Articles 13 and 37 of the Implementation Measures and the following foods:
(a) cold salad, salad and other raw food;
(two) unheated cooked food, freshly squeezed drinks, freshly made dairy products and decorative cakes.
Article 13 (Investigation of Illegal Acts of Food Vendors)
Township People's governments and sub-district offices shall, in coordination with relevant departments within their respective jurisdictions, stop illegal acts of food vendors within their respective jurisdictions in time and notify relevant administrative departments to investigate and deal with them according to law.
District (county) food and drug supervision and management, urban management administrative law enforcement and other departments shall promptly investigate and deal with food vendors who violate the Food Safety Law of People's Republic of China (PRC), the Implementation Measures and the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, and send a copy to the Township People's Government or the sub-district office; If it is not under the jurisdiction of this department, it shall promptly notify the administrative department with jurisdiction; Suspected of constituting a crime, it shall be promptly transferred to the public security department for investigation.
Article 14 (Comprehensive Improvement of Food Vendors)
The relevant administrative departments of the district (county) shall strengthen the investigation and punishment of food vendors' activities in non-temporary areas (spots) and fixed periods according to law, and severely crack down on illegal business activities of food vendors.
For food vendors who have obtained, transferred, altered, lent or leased the temporary business bulletin board by cheating, bribery or other improper means, and have been subjected to administrative punishment for more than two times within three months, or have caused food safety accidents or significant social impacts, the relevant departments shall investigate and deal with them according to law and recover the temporary business bulletin board of food vendors.
Article 15 (Formulation of Implementation Opinions)
The people's governments of townships and towns and sub-district offices may, in accordance with the provisions of these measures and in light of the actual situation in their respective jurisdictions, formulate implementation opinions.
Article 16 (Implementation Date)
These Measures shall come into force from 20 15, 15 and shall be valid until 2020,12,31.
Attachment:
1, food safety responsibility commitment letter
2, Shanghai food vendors food business information registration form
3. Temporary business cards of food vendors in Shanghai
Office of Shanghai Food Safety Committee
Shanghai US Food and Drug Administration
20 14 12 18