Chapter I General Provisions

Article 1 In order to standardize the production and business operations of food production and processing workshops and food vendors, strengthen the supervision and management of food safety, and ensure the public's health and life safety, these Measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to the production, operation, supervision and management of food production and processing workshops and food vendors within the administrative area of this province.

The term "small food workshops" as mentioned in these Measures refers to food production and processing operators with fixed production sites, few employees, small production scale and simple production conditions and processes.

The term "food vendor" as mentioned in these Measures refers to an operator who sells food, makes and sells ready-to-eat food and provides catering services in a designated area and within a specified period of time without a fixed store, or an operator who has a fixed store, few employees and poor operating conditions and is engaged in food sales or provides catering services.

Article 3 The supervision and management of small food workshops and food vendors shall adhere to the principles of standardized development, enhanced service, strict supervision and ensuring safety.

Article 4 The people's governments at or above the county level shall be responsible for the food safety supervision and management of small food workshops and food vendors, make overall planning and construction of centralized production and business premises for small food workshops and food vendors, and support small food workshops and food vendors to improve their technical level and production and business conditions.

Township people's governments and sub-district offices shall perform the food safety management duties of small food workshops and food vendors according to law.

Article 5 The food and drug supervision and administration department of the people's government at or above the county level shall supervise and manage the food production and business activities of small food workshops and food vendors.

The health administrative department of the people's government at or above the county level shall incorporate the food safety of small food workshops and food vendors into the risk monitoring plan and carry out risk monitoring.

The agriculture, education, public security, quality supervision, industry and commerce, urban management and other relevant departments of the people's governments at or above the county level shall undertake food safety work related to food workshops and food vendors within the scope of their respective duties.

Article 6 The producers and operators of small food workshops and food vendors shall be responsible for the safety of their food production and operation.

The producers and operators of small food workshops and food vendors shall engage in food production and operation activities in accordance with food safety laws and regulations, and ensure that the food they produce and operate is hygienic, non-toxic and harmless.

Article 7 The news media shall carry out public welfare publicity on food safety laws, regulations and related knowledge, enhance public awareness of food safety, and supervise food workshops and food vendors by public opinion.

Article 8 The people's governments at or above the county level shall establish and improve the reward system for reporting food safety, protect the lawful rights and interests of informants, and reward meritorious persons who provide illegal clues which are verified by investigation and assist in the investigation and handling of cases.

Chapter II General Provisions

Article 9 Small food workshops and food vendors shall observe the following provisions when producing and selling food:

(1) Food, food additives and food-related products meet food safety standards;

(2) The water used meets the national sanitary standard for drinking water;

(3) The packaging materials in contact with food are nontoxic, harmless and clean;

(4) Containers, tools and equipment for producing, selling, storing, transporting and loading and unloading food are safe and harmless;

(5) Chemical substances other than food additives and other substances that may endanger human health shall not be used in food production;

(six) the production and operation of food shall not be adulterated, shoddy, fake;

(seven) other requirements stipulated by laws, regulations and rules.

Tenth small food workshops and food vendors should establish a system of certificates, tickets and incoming inspection. When purchasing food raw materials, food additives and food-related products, the supplier's license and product qualification certificate shall be checked, and the name, specification, quantity, production date, batch number, shelf life, purchase date and supplier's name, address and contact information shall be truthfully recorded.

The required tickets and incoming inspection records shall be kept for not less than 6 months.

Eleventh small food workshops and food vendors should establish a waste management system in the process of production and operation in accordance with the relevant provisions of the state.

Twelfth small food workshops and food vendors should sign food safety responsibility letters with the local food and drug supervision and management departments to ensure that they engage in food production and business activities according to law.

Article 13 The producers, operators and employees of small food workshops and food vendors shall hold 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. Employees should wear clean work clothes and masks to maintain personal hygiene.

Small food workshops and food vendors and their employees shall receive food safety knowledge training.

Article 14 Market promoters and market organizers shall strengthen the management of small food workshops and food vendors and perform the following duties:

(a) check the registration certificate, product certificate, employee health certificate, etc. , truthfully record and establish files;

(2) Establish a management system to clarify the food safety responsibilities of both parties;

(three) to check the production and operation environment and conditions;

(four) the establishment of information bulletin boards, timely release of food safety management information;

(five) to stop the violation of food safety laws and regulations in a timely manner, and report to the local food and drug supervision and management department.

Article 15 The lessor of a house shall report to the food and drug supervision and administration department, the township people's government and the sub-district office in a timely manner when he finds any illegal acts such as producing and selling food without a license, producing and selling fake and shoddy food, and using non-food raw materials to produce food.

Chapter III Production and Operation of Small Food Workshops

Article 16 A small food workshop shall meet the following conditions:

(1) Having a production and processing place suitable for the variety and scale of food produced and operated, and keeping a safe distance from toxic and harmful places and other pollution sources;

(2) Having equipment, facilities and health protection facilities suitable for production and operation;

(3) Having a reasonable equipment layout and technological process, preventing the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and preventing the food from contacting with toxic and unclean substances.

Seventeenth small food workshops to implement registration management. The producers and operators of small food workshops shall register with the food and drug supervision and administration department of the local people's government at the county level and submit the following materials:

(a) the name, location and contact information of the small food workshop;

(2) A copy of the identity card of the producer or operator;

(three) the varieties of food to be produced and processed, the list of raw materials and auxiliary materials, and the description of technological process;

(four) a description of the health and safety status of the production and business premises;

(five) the certificate of use of the production and business premises;

(6) Food safety management system.

The food and drug supervision and administration department of the people's government at the county level shall, after receiving the materials specified in the preceding paragraph, handle the registration certificate of small food production and processing workshops in time. No fees shall be charged or charged in disguised form for handling the registration certificate of small food production and processing workshops.

Article 18 Small food workshops shall establish a production and sales record system, truthfully record the names, specifications, quantities, names and contact information of buyers, sales dates and other contents of the foods produced and sold, and keep sales bills containing relevant information.

The retention period of sales records, vouchers and bills shall not be less than 6 months.

Article 19 Where a small food workshop produces and processes packaged food, it shall indicate the name, address, contact information, registration certificate number, food name, production date, shelf life, storage conditions, ingredient or ingredient list, food additives used and other information of the small food workshop.

Where a small food workshop produces, processes and sells bulk food, it shall indicate the name, production date, shelf life, storage conditions and other information of the food on the container.

Article 20 A small food workshop shall entrust a food inspection agency with legal inspection qualification to inspect the food newly put into production or whose production process has changed, and the food can only be produced and sold after passing the inspection.

Twenty-first small food workshops should clearly indicate the registration certificate of small food production and processing workshops, the responsibility book of food safety, the health certificate of employees, the list of food additives used, and the telephone number for reporting complaints in a prominent position in the production and processing places.

Article 22 Small food workshops shall provide the registration certificate and product inspection certificate of small food production and processing workshops to supermarkets, canteens, catering service enterprises and third-party platforms for online food transactions.

Twenty-third small food workshops are prohibited from producing and processing food, and catalogue management is implemented. Small food workshops may not produce foods that are prohibited from production and processing by the state or foods that must obtain food registration licenses.

The food and drug supervision and administration department of the people's government of the state or city may, in conjunction with the health administration and relevant departments, supplement the food catalogue that prohibits the production and processing of small food workshops in light of local conditions, and announce it to the public after approval by the people's government at the same level.

Chapter IV Operation of Food Vendors

Article 24 People's governments at the county and township levels and sub-district offices shall, in accordance with the principle of convenience for the masses and reasonable layout, determine the business areas and time periods of food vendors after soliciting public opinions, and announce them to the public.

Twenty-fifth food vendors to implement record management. When food vendors engage in business activities, they shall file with the agencies dispatched by the food and drug supervision and administration department of the local people's government at the county level, and submit the following materials:

(a) the name, location and contact information of the food supplier;

(2) A copy of the identity card of the operator;

(three) the use certificate of the booth or business store;

(4) Food varieties to be treated.

The agency of the food and drug supervision and administration department of the people's government at the county level shall, after receiving the materials specified in the preceding paragraph, handle the food vendor registration card in time. Handling the "food vendor registration card" shall not charge or charge fees in disguise.

Food vendors should make it clear in the food vendor record card, food safety responsibility book, food safety management system, employee health certificate, complaint telephone number, etc. In a prominent position in a booth or commercial store.

Twenty-sixth food vendors engaged in business activities shall abide by the following provisions:

(a) there are food production and sales equipment and sealed garbage collection equipment that meet the food hygiene conditions;

(two) the sale of direct food, should have moisture-proof, dust-proof, fly-proof, insect-proof and other equipment;

(3) Food packaging containers, tools and sales equipment in contact with food are non-toxic and harmless, and meet the hygiene requirements;

(4) Cleaning disinfection products is safe and harmless to human body;

(5) Clean up the site in time to keep the environment clean and tidy.

Food vendors without fixed stores shall not only abide by the provisions of the preceding paragraph, but also engage in business activities in designated business areas and set business hours.

Article 27 Food vendors engaged in catering services shall abide by the following provisions in addition to the provisions of Article 26 of these Measures:

(a) tableware and containers shall be cleaned and disinfected before use, and disposable tableware or centralized disinfection tableware shall be used in accordance with relevant regulations;

(2) The cooking technology and operation process meet the hygiene requirements.

Food vendors with fixed stores engaged in catering services, in addition to complying with the provisions of the preceding paragraph, should also have independent business rooms that are suitable for the scale of operation, and be equipped with refrigeration and freezing equipment.

Twenty-eighth food vendors are not allowed to deal in food, health food, cakes, raw aquatic products, etc., except those prohibited by the state. , designed for babies and other specific groups.

Chapter V Supervision and Administration

Article 29 The people's governments at or above the county level shall incorporate the daily supervision, supervision and sampling inspection of food workshops and food vendors into the annual food safety supervision and management plan of their respective administrative regions, and organize their implementation.

The food and drug supervision and administration of the provincial people's government and the administrative department of health shall include the food produced and operated by small food workshops and food vendors into the scope of food safety supervision and sampling and risk monitoring in the whole province.

Article 30 The food and drug supervision and administration department of the people's government at the county level shall establish a daily supervision and inspection system, and strengthen the supervision and inspection of the production and business activities of small food workshops and food vendors.

Article 31 The food and drug supervision and administration department of the people's government at or above the county level shall conduct supervision and sampling inspection on the food produced and operated by small food workshops and food vendors, and announce the inspection results to the public.

The funds required for supervision and sampling inspection shall be guaranteed by the finance at the same level, and no fees shall be charged to small food workshops and food vendors.

Article 32 The food and drug supervision and administration department of the people's government at or above the county level shall strengthen the guidance and supervision on the training of food safety knowledge of small food workshops and food vendors and their employees.

Article 33 The food and drug supervision and administration department of the people's government at the county level shall publish supervisor information, complaint telephone numbers and daily supervision and inspection results in small food workshops and food vendors' production and business premises.

Article 34 If small food workshops and food vendors find that the food they produce and operate does not meet the food safety standards or there is evidence that it may endanger human health, they shall immediately stop production and operation, notify relevant producers, operators and consumers, and record the situation of stopping operation and notification.

Small food workshops and food vendors should take remedial, harmless treatment, destruction and other measures for the food that has stopped operating, and report the handling situation to the food and drug supervision and administration department of the people's government at or above the county level.

Thirty-fifth food workshops and food vendors should immediately deal with food safety accidents and seal up related foods and their raw materials, tools and equipment; When food poisoning occurs, it shall be immediately sent to a medical institution for treatment and reported to the food and drug supervision and administration department of the people's government at the county level where the accident occurred within 2 hours; Medical institutions that treat patients with suspected food-borne diseases shall report to the health administrative department of the people's government at the county level where the accident occurred within 2 hours.

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

Chapter VI Legal Liability

Article 36 Where small food workshops and food vendors violate the provisions in Items (1) to (4) of Article 9 of these Measures, the food and drug supervision and administration department of the people's government at the county level shall order them to make corrections, impose a fine of more than 3,000 yuan 1000 yuan on small food workshops and a fine of more than 3,000 yuan 1000 yuan on food vendors.

Food workshops and food vendors who violate the provisions of Item (5) and Item (6) of Article 9 of these Measures shall be punished by the food and drug supervision and administration department of the people's government at the county level in accordance with the provisions of the Food Safety Law of People's Republic of China (PRC).

Article 37 Where small food workshops and food vendors violate the provisions of Articles 10, 11 and 13 of these Measures, the food and drug supervision and administration department of the people's government at the county level shall order them to make corrections and give them a warning; Those who refuse to make corrections will be fined more than 3,000 yuan 1000 yuan for small food workshops and more than1000 yuan for food vendors.

Article 38 Where a market promoter or a fair organizer violates the provisions of Article 14 of these Measures, the food and drug supervision and administration department of the people's government at the county level shall order it to make corrections and impose a fine of more than 30,000 yuan 1 10,000 yuan; Where a food safety accident occurs, it shall bear joint and several liability according to law.

Thirty-ninth small food workshops in violation of the provisions of Article eighteenth and Article nineteenth of these measures, the food and drug supervision and administration department of the people's government at the county level shall order it to make corrections and give a warning; Those who refuse to make corrections shall be fined between 3000 yuan and 65438 yuan.

Fortieth small food workshops in violation of the provisions of Article 20 of these measures, the food and drug supervision and administration department of the people's government at the county level shall order them to make corrections and impose a fine of more than 5000 yuan 10000 yuan.

Article 41 Where a small food workshop violates the provisions of Article 21 of these measures and a food vendor violates the provisions of the third paragraph of Article 25 of these measures, the food and drug supervision and administration department of the people's government at the county level shall order it to make corrections and give it a warning; Refuses to correct, 200 yuan fine.

Forty-second food workshops in violation of the provisions of Article 23 of these measures, the food and drug supervision and administration department of the people's government at the county level shall impose a fine of more than 30,000 yuan 1 10,000 yuan.

Article 43 If a food vendor violates the provisions of Article 26 of these Measures, the food and drug supervision and administration department of the people's government at the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of more than 200 yuan and less than 500 yuan.

Forty-fourth food vendors who violate the provisions of Article 27 of these measures shall be ordered by the food and drug supervision and administration department of the people's government at the county level to make corrections and give a warning; Those who refuse to make corrections shall be fined between 3000 yuan and 65438 yuan.

Article 45 If a food vendor violates the provisions of Article 28 of these Measures, the food and drug supervision and administration department of the people's government at the county level shall order it to make corrections and impose a fine of more than 2,000 yuan and less than 5,000 yuan.

Article 46 Small food workshops and food vendors who violate the provisions of Article 34 of these Measures shall be ordered by the food and drug supervision and administration department of the people's government at the county level to stop their operations, and a fine of more than 3,000 yuan 1000 yuan shall be imposed on small food workshops, and a fine of more than 1000 yuan shall be imposed on food vendors.

Article 47 If the food and drug supervision and administration department and other departments responsible for food safety supervision and management and their staff neglect their duties, abuse their powers, engage in malpractices for selfish ends or conceal, falsely report or delay reporting food safety accidents in the supervision and management of small food workshops and food vendors, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Forty-eighth food safety supervision and management of school canteens at all levels in this province, in accordance with the provisions of the "People's Republic of China (PRC) Food Safety Law" and other relevant laws and regulations, these measures are not applicable.

Article 49 These Measures shall come into force as of 20 16 12 1.