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Measures of Tianjin Municipality for the Supervision of Small Food Workshops and Food Vendors

新闻日期: 2017-03-15    文章来源:

The People’s Government of Tianjin Municipality

Decree No. 26

 

    The Measures of Tianjin Municipality for the Supervision of Small Food Workshops and Food Vendors was adopted at the 74th Executive Meeting of the Municipal People’s Government on August 25, 2016 and is hereby promulgated. These Measures shall go into effect as of November 1, 2016.

 

Acting Mayor Wang Dongfeng

Tianjin Municipality

 

September 21, 2016

 

Measures of Tianjin Municipality for the Supervision of Small Food Workshops and Food Vendors

 

Chapter I General Provisions

 

Article 1 These Measures are enacted in accordance with the provisions of the Food Safety Law of the People’s Republic of China and other pertinent laws and regulations with the purpose of normalizing the production and operation of small food workshops and food vendors and of ensuring the public of health and safety of life.

Article 2  These Measures shall apply to small food workshops and food vendors in their production and operation within the jurisdiction of this Municipality and their supervision.

Article 3  For the purpose of these Measures the term small food producing and processing workshop (hereinafter shall be referred to as small food workshop) means traditional and specialty food producers that has a permanent production venue, with a small scale of production and processing, characterized by rudimentary working condition and simple technology.

And food vendors means food dealers engaged in the sale of food that are processed on the spot, pre-packed food or bulk food. Food vendors fall into the category of vendors with a permanent venue and street vendors.

Article 4  The small food workshop owner and food vendors are the first responsible person for food safety, who shall be honest, exercise self-discipline, engage in lawful operation, be held responsible for the public and society and subject themselves to the supervision of the society.

Small food workshops and food vendors shall, in their production and operation, abide by the state laws and pertinent safety requirements for food production, and make sure that the food they produce is sanitary, poison-free and harmless.

Article 5  The Municipal, district and county people’s government shall be in charge of the supervision of food safety in the area under its jurisdiction where a small food workshop or food vendor is located , exercise unified leadership, organization and coordination over food safety monitoring in its administrative area and respond rapidly to food safety emergencies, set up a sound work mechanism and information- sharing mechanism for food safety supervision.

The villages and towns government, sub-district office shall stop small food workshops and  food vendors from violating  food safety standards when it receives complaints or discovers them and report the violations to the market and quality supervisory and administrative department for handling according to law.

The people’s government shall make assessment and examination of the government of the next lower level and its relevant departments of their work in terms of the supervision of food safety.

Article 6  The market and quality supervisory and administrative department shall be in charge of the administration of the supervision of small food workshops and food vendors over food safety.

The agricultural, hygiene, quarantine and environmental protection department and other related departments shall be held responsible, depending on their duties and responsibilities, for the relevant administrative work over small food workshops and food vendors.

Article 7  The food trade association shall, according to its constitution, step up self discipline measures, set up all-trade norms and an award and punishment mechanism, provide food safety information and technical serviceguide and urge small food workshops and food vendors to engage in  production and operation legally ,push forward the building of an honest trade, propagate and popularize the knowledge of food safety.

Article 8  People’s governments of all levels shall take steps to encourage and support small food workshops and food vendors to improve their production and processing conditions and raise the level of food safety.

Small food workshops and food vendors are encouraged to buy food safety public responsibility insurance policy so as to guarantee the legitimate rights and interest of itself and the consumers.

Article 9  Every unit or individual has the right to complain or rip off the illegal acts of small food workshops and food vendors in their production and operation that are against food safety requirements.

The market and quality supervisory and administrative department shall handle the complaints in a timely manner and award the complainer of a proven violation according to relevant regulations.

 

Chapter II  Administration of Small Workshops

 

Article 10  This Municipality exercises a category-based administration over the food items produced and processed by small food workshops. District and county market and quality supervisory and administrative department shall make up food categories to be produced and processed taking into consideration the actual situation of the areas under its jurisdiction and file, upon the approval by the district and county people’s government, the categories for the record at the Municipal market and quality supervisory and administrative department and announce the categories to the public.

Article 11  This Municipality prohibits the small food workshop from producing or processing the following food items:

  1. Dairy products, canned food or other food items prohibited by the state and this Municipality to be produced or processed by small food workshops;

  2. The special food items listed in the Law of the People’s Republic of China on Food Safety; and

  3. Specialty food of other localities;

    Article 12  The district and county people’s governments may, according to actual needs, build a area with a concentration of small food workshops engaging in food production and processing under a unified plan with reasonable distribution. Small food workshops are encouraged to conduct their production and processing business in the concentrated area.

    The district and county people’s government shall set up a food check point to offer service to small food workshops.

    Article 13  The small food workshops engaged in producing and processing food shall satisfy the relevant state standards and satisfy the following conditions:

  4. A required distance is maintained between the production and processing venue and poisonous, hazardous places or other polluting sources;

  5. The living quarters and production and processing area shall be effectively separated;

  6. Possessing compatible production equipment, installations and sanitation protective devices; and

  7. With regulations and mechanisms for the administration of food producing employees and guarantee of food safety.

    Article 14  This Municipality exercises a registration-based administration of small food workshops.

    Small food workshops shall, prior to food production and processing, apply for the food production and processing registration certificate at the district and county market and quality supervisory and administrative department and supply the following materials:

  8. A registration application and the identification of the owner;

  9. The certification of ownership of the production and processing venue or the lease contract of the production and processing venue signed by the owner of the workshop and the person with the ownership of the venue;

  10. The items to be produced and processed and an introduction to the additives;

  11. A  commitment for the sanitation and safety of the production and processing venue.

    Article 15  The district and county market and quality supervisory and administrative department is responsible for the examination of the registration application and shall complete the process of examination and approval within 5 workdays after it receives the registration application.

    The district and county market and quality supervisory and administrative department shall make an on-the-spot inspection of the production and processing venue for the truthfulness, legality and production conditions of the production and process venue as shown in the registration application and solicit the opinion of the township people’s government or sub-district office where the  small food workshop is located.

    The administration departments shall grant the small food workshop registration certificate to the qualified applicant.

    Article 16  The owner of a small food workshop shall, apart from abiding by the state law and the relevant regulations of this Municipality, guarantee the safety of the food it produces and announce his commitment to the public

    Article 17  The small food workshop is prohibited from the following acts in the course of production:

  12. Producing or processing food items not in the registered categories;

  13. Re-packaging, producing or processing food by entrustment by others or to others; and

  14. Other acts prohibited by laws, rules and regulations.

    Article 18  Where the operator of a small food workshop finds that his products fail the food safety standards, he shall immediately cease production and recall the food already on the market in accordance with the relevant state regulations and make a record of the recall.

    The small food workshop shall take measures such as compensation, harmless treatment and destruction of the recalled food and submit a report to the market and quality supervisory and administrative department on the food recall and its treatment.

    Article 19  The lender of the venue to a small food workshop shall, during the valid period of the lease, report immediately to the relevant department of the illegal production activities involving food production and process when they are detected in the rented venue.

    Article 20  The small food workshop shall indicate on the package of the food it produces the name of the product, plain language name of the additives, date of production, shelf life, conditions for storage, name of the manufacturer, the registration number of the small food workshop , address of the workshop and way of contact and other essential information.

     

    Chapter III Administration of Food Vendors

     

    Article 21  The district and county people’s government shall delimit a temporary area and business time for the migrant food vendors based on the principle of convenience to people and reasonable distribution.

    The delimiting of the temporary business area shall conform to the state and Municipal regulations regarding cityscape, environment, sanitation and traffic safety. It is prohibited to install booths within a radius of 100 meters from a kindergarten, primary or middle school, or by occupying bridges, overpasses and underground tunnels.

    Itinerary vendors shall not operate outside of the delimited area or fixed business hours for temporary operation.

        Migrant vendors shall not conduct business outside of the delimited temporary business area and the set time.

    Article 22  Food vendors shall be administered by the record. Anyone that obtains a certificate of registration on file can engage in food business.

    Food vendors shall apply for the registration certificate on the record at the district and county market and quality supervisory and administrative department.

    The district and county market and quality supervisory and administrative department shall inform the township people’s government or the sub-district office where the migrant food vendors are located of the information regarding the vendors on the record.

    Article 23  The applicant for the registration certificate on the record shall submit the following materials:

  1. A copy of the applicant’s ID and way of contact;

  2. An explanation of the food items he plans to sell and sanitation conditions;

  3. The health certificate for vendors engaged in food sales;

  4. A written commitment of responsibility for food safety.

    The food vendors conduct business at a permanent venue shall also supply the property title or a lease contract.

    Article 24  Food vendors shall abide by the following regulations in the process of conducting food business:

  5. Having equipment, devices compatible with the food items on sale, erosion-protection, flies- ,dust-, mouse- preventive devices, rubbish treatment and sanitation installations;

  6. Having health certificate, anyone that sells food ready to eat shall wear clean cap and clothes and medical masks;

  7. Setting up a stock examination and procurement record system complete with accounts, relevant record and vouches, which shall be kept at least for six months;

    Article 25  Vendors sell food that are made on the spot shall, apart from the items stipulated in the preceding paragraph, abide by the following regulations:

  1. The water in use shall satisfy the state sanitation standard for drinking water. Where there is no tap water, disposal table utensils shall be provided or the disinfected utensils shall be used; and

  2. The tools, containers and eating utensils that come directly in contact with right-to-the mouth food shall be poison-free, harmless and be washed and disinfected so as to satisfy the requirements for food safety.

    Article 26  Food vendors shall not deal with the following food varieties:

  3. Staple or supplementary food specially prepared for infants and other special groups of people;

  4. Nutritious food;

  5. Food that is banned  by the state for the prevention of certain illness and other special needs;

  6. Aquatic food to be eaten raw or dressed cakes; and

  7. Other food that goes against the laws, rules or food safety standards;

    Food vendors shall not sell food additives.

     

    Chapter IV  Supervision and Administration

     

    Article 27  The Municipal, district and county people’s government shall reinforce the leadership of supervision and administration of small food workshops and food vendors over food safety and incorporate the supervision and administration of small food workshop and food vendors into the annual supervisory and administrative plan over food safety.

    The market and quality supervisory and administrative department shall set up a sound monitoring and examination system over small food workshops and food vendors, reinforce the day- to- day supervision and administration over food safety, investigate and handle illegal acts against food safety laws in a timely manner via ways of inspection, random check, and random examination.

    The Municipal health department shall incorporate the food produced by small food workshop and sold by food vendors into the annual food risk inspection plan.

    The operation expense for food supervision and random check and food risk monitor shall be borne by the financial budget of the government of the same level.

    Article 28  The market and quality supervisory and administrative department of district and county people’s government shall collaborate with other relevant departments and township people’s government, sub-district office in the targeted rectification of the small food workshop and food vendors in their production and operation and investigate and handle illegal acts in production and operation.

    Article 29  The market and quality supervisory and administrative department shall make random checks on small food workshops and food vendors of the food they produce or sell. Special random checks shall be carried out on the food that receives more complaints or with greater number of consumers.

    Article 30  The market and quality supervisory and administrative department and other administrative law enforcement departments shall, depending on their duties and responsibilities, investigate and handle the illegal acts by small food workshop and food vendors and share their penalty information among the departments.

    Where the illegal acts committed by a small food workshop and food vendor is serious enough, the market and quality supervisory and administration department shall, in accordance with the Law of the People’s Republic of China on Food Safety, revoke its registration certificate or the certificate on the record.

    Where a food workshop or food vendor conducts business without a certificate, the market and quality supervisory and administrative department and other related departments shall handle the case in accordance with relevant regulations.

    Article 31  Where an accident in food safety occurs, the small food workshop or food vendor concerned shall handle it immediately, seal off the food and raw material that may lead to food poisoning so as to prevent the accident from spreading, and report the case to the market and quality supervisory and administrative department and health department immediately.

    No unit or individual shall conceal, make false report or delay in reporting food safety accident and shall not destroy any relevant evidence.

    Article 32 Small Food workshop and food vendors shall, in accordance with state and Municipal regulations, handle the waste resulting from the course of production and processing and the waste must not go back to the food processing and sales.

    Article 33  The district and county market and quality supervisory and administrative department shall set up a food safety monitor record on a one- record- one- unit basis and exercise a risk control by the class and by the category based on the results of day to day inspection, checks and handling of illegal acts.

    Article 34  The market and quality supervisory and administrative department shall run training program on food safety for small food workshops and food vendors for free with the purpose of urging small food workshops and food vendors to abide by the law and regulations concerning food safety in a conscious way.

     

    Chapter V Legal Liability

     

    Article 35  Where a small food workshop fails to register, the market and quality supervisory and administrative department shall order it to make corrections before a deadline. Where the small food workshop  refuses to make corrections when the deadline expires, the relevant department shall penalize it by a fine of not less than 1,000 yuan but not more than 10,000 yuan.

    Where a food vendor fails to file him for the record, the market and quality supervisory and administrative department shall order him or her to make corrections before a deadline. Where the food vendor refuses to make corrections when the deadline expires, the relevant department shall penalize him or her by a fine of not less than 200 yuan but not more than 2,000 yuan.

    Article 36 Where a small food workshop fails to meet the production and operation conditions as required by the state and this Municipality in its production and operation, the market and quality supervisory and administrative department shall order it to make corrections before a deadline and serve it a warning. Where it refuses to make corrections when the deadline expires, the department shall penalize it by a fine of not less than 3,000 yuan but not more than 30.000 yuan.

    Article 37  Where a food vendor commits any of the following illegal acts, the market and quality supervisory and administrative department shall order him to make corrections before a deadline and serve him a warning. Where the vendor refuses to make corrections when the deadline expires, the relevant department shall penalize him by a fine of not less than 100 yuan but not more than 1,000 yuan:

  1. Failure to set up a stock record and keep the relevant record or receipts;

  2. Failure use water up to the state standards for drinking water;

  3. Providing the customer with eating utensils that does not satisfy food safety standards; and

  4. Failure to have health certificate.

    Article 38  Where a small food workshop produces food items not included in the food category, the market and quality supervisory and administrative department shall order it to make corrections before a deadline and penalize it by a fine of not less than 2,000 yuan but not more than 20,000 yuan.

    Article 39  Where a food vendor deals in food items that are prohibited by these Measures, the market and quality supervisory and administrative department shall order him to make corrections before a deadline and penalize him by a fine of not less than 200 yuan but not more than 2,000 yuan.

    Article 40  As for the illegal acts by the small food workshop and food vendors that are not covered by these Measures, the Law of the People’s Republic of China on Food Safety and other laws, rules and regulations shall be applied in making punishment.

     

     

    Chapter VI  Supplementary Provisions

     

    Article 41  All the registration certificates for small food workshop and the record certificates for food vendors shall be made and printed by the Municipal market and quality supervisory and administrative department.

    No charge or chares in disguise shall be imposed in the examination and issuance of the registration certificate for small food workshop and the record certificate for food vendors.

    Article 42  Small eateries and the Farm Tour Programs run by farmers shall be administered mutatis mutandis by the regulations regarding food vendor administration in these Measures.

    Article 43  These Measures shall go into effect as of November 1, 2016.

     

     

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