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(Promulgated by Decree 51 of the Shanghai Municipal People' s
Government on July 11, 2005)
Chapter I General Provisions
Article 1 (Purposes and Basis)
For the purposes of strengthening the
supervision and administration over the delivery activities of group meal,
preventing the
occurrence of food poisoning accidents and food-borne diseases,
safeguarding the physical health and life safety of food-takers,
these
Procedures are formulated on the basis of the provisions of the "Law of People' s
Republic of China on Food Hygiene" and
other laws and relevant regulations, and
in the light of the actual circumstances of this Municipality.
Article 2
(Definition)
The "delivery of group meal" mentioned in these Procedures refers
to the production and operation activities of the catering production
and
operation unit in the centralized processing, individual packaging and handing
out of the meal in accordance with the ordering
requirements of the organs,
enterprises and institutions, and other organizations.
Article 3
(Application Scope)
These Procedures apply to the production and operation
activities of delivery of group meal, and administrative activities on
relatively
regular orders for group meal in the administrative area of this
Municipality
If the State and this Municipality provide otherwise for the
supervision and administration on the group meal for students and the
group meal
provided by the unit-run canteen itself, such provisions shall prevail.
Article 4 (Administrative Departments)
Shanghai Municipal Food and Drug
Supervision Administration (hereinafter referred to as SMFDSA) takes charges of
the supervision
and administration over the delivery of group meal in this
Municipality. The district/county food and drug supervision administration
(hereinafter referred to as DFDSA) takes charges of the supervision and
administration over the delivery of group meal in its own
jurisdiction area.
The administrative departments of quality and technology supervision,
industry and commerce, public health, public security, city
environment and
sanitation, and communications in this Municipality shall, in accordance with
their respective duties, jointly
do a good job of supervising and administrating
the delivery of group meal.
Article 5 (Undertaking System of the Safety of
Food Hygiene)
This Municipality adopts the undertaking system of the safety
of food hygiene for the delivery unit of group meal.
When applying for the
Food Hygiene License and signing the ordering contract with the unit taking the
meal, the delivery unit of
group meal shall respectively make an undertaking
with the DFDSA of the locality and the unit taking the meal for the safety of
food hygiene, and the corresponding legal liabilities it bears.
Article 6
(Encouragement and Guidance)
For the economic development zone and other
centralized working areas, and newly-built office buildings, conditions shall be
created
for setting up the mess hall for group meal and providing the places for
taking the meal.
This Municipality encourages the delivery units that meet
the requirements to actively explore the market of group meal, so as to
realize
the scale formation and industrialization of the production and operation of
group meal, and ensure the product quality
and safety of taking group meal.
Chapter II Delivery Unit of Group Meal
Article 7 (Business License)
The unit that engages in the acts of delivery
of group meal shall first apply to the DFDSA of the locality, and obtain the
Food
Hygiene License with its business scope including the delivery of group
meal, and only after obtaining the business license from
the industry and
commerce department can it engage in such production and operation activities as
processing, individual packaging,
and delivery of group meal.
Having
received the application for the Food Hygiene License, the DFDSA shall, in
accordance with the provisions of Article 8 of
these Procedures, examine and
verify the application, and approve its business scope, production and
processing technology, and
the quantity of production and processing, and make
public the approved quantity of production and processing.
Article 8 (Basic
Conditions for Production and Operation)
The unit that engages in the acts of
delivery of group meal shall meet the following basic conditions:
1. to
possess the places, facilities and installations that suits the requirements of
production, processing and operation;
2. to provide the full-time hygiene
administration personnel, full-time hygiene inspection organs or inspectors that
suit the requirements
of the production and operation scale;
3. to set up the
self-inspection system that meets the requirements of administration;
4.
other conditions as provided by laws, rules and regulations.
The specific
requirements mentioned in the preceding clause as basic conditions shall be
formulated and made public by the SMFDSA.
Article 9 (Responsible Person of
the Production and Operation Unit)
The person-in-charge of the delivery unit
of group meal shall be the person directly responsible for the food hygiene of
the said
unit.
Article 10 (Training and Physical Examination of Related
Personnel)
The employed personnel, full-time hygiene administration personnel
and inspectors of the delivery unit of group meal shall, in accordance
with
relevant provisions, get on post only after passing the training on knowledge
about food hygiene; among them, the employed
personnel shall also undergo the
health inspection and obtain the qualification certificate.
The delivery
unit of group meal shall set up the system of conducting morning inspection on
the employed personnel. In case of discovering
any persons that have cough,
fever, diarrhea or pyodermatitis, exudative dermatitis, no arrangements shall be
made for such persons
to take part in the work involving the food which directly
enters the mouth.
Article 11 (Requirements on Production Technology and
Quantity)
The delivery unit of group meal shall, strictly in accordance with
the production and processing technology and production and processing
quantity
examined and approved by the DFDSA, produce, process, and deliver the group
meal.
Article 12 (Purchasing of Materials)
The delivery unit of group
meal shall purchase raw materials, semi-finished products and edible farm
products from the production
and operation unit that has obtained the Food
Hygiene License in accordance with law, and the edible farm products fair market
set up in accordance with law.
The delivery unit of group meal shall ask for
and examine the said license in accordance with relevant provisions when
purchasing
raw materials and semi-finished products, and inspect the food
quality and the label for food in approved package.
The acts of purchasing
food raw materials, semi-finished products or edible farm products from pedlars
without license are prohibited.
Article 13 (Initial Processing of Raw
Materials)
At the time of doing the initial processing of raw materials, the
delivery unit of group meal shall, in accordance with the requirements
of
relevant operation regulations, examine and inspect, select, steep, wash the raw
materials, and guarantee the containers and
processing utensils meet the
requirements of hygiene.
Article 14 (Processing Method and Temperature
Control)
The processing of the food for group meal may adopt such methods as
refrigeration, heating and warm-keeping, or sterilization at
a high temperature,
and other methods that meet the requirements.
In case of adopting the method
of refrigeration, the meal shall be completely chilled down after being cooked
(the central temperature
shall drop to below 10¡æwithin two hours), and shall be
individually packaged, stored and transported below 10¡æ, and before being
eaten,
the meal shall be heated until the central temperature is above 75¡æ.
In case
of adopting the method of heating and warm-keeping, the meal shall be heated and
kept warm after being cooked, and the central
temperature of the meal shall be
kept at above 65¡æbefore being eaten.
In case of adopting the method of
sterilization at a high temperature, the meal shall be put in airtight
containers, and sterilized
at a high temperature so as to come up to the
commercial germfree requirements.
Article 15 (Transportation of Finished
Products)
The delivery unit of group meal shall use sealed special-purpose
vehicles to deliver the meal to the unit taking group meal. Before
the
transportation, the vehicles shall be cleaned and disinfected, and in the course
of transportation, loading and unloading,
the operation hygiene shall be
stressed so as to prevent the meal from pollution.
The special-purpose
vehicles and their inside containers used for delivering the meal shall, in
accordance with the requirements
of the meal, be set and kept at the
corresponding temperature.
Article 16 (Edible Time and Package)
The
edible time for the meal processed by refrigeration shall not exceed 24 hours
from the time of cooking to eating; the edible
time for the meal processed by
heating and warm-keeping shall not exceed 3 hours from the time of cooking to
eating.
For the meal processed by sterilization at a high temperature, the
name of product, name of manufacturer, address of manufacturer,
date and time of
production, quality guarantee period, preservation conditions and edible methods
shall be printed on its package.
Article 17 (Accounting System)
The
delivery unit of group meal shall set up the accounting system on the
information about material-purchasing, quantity of processing,
situation of
supplied units, etc.
Article 18 (Administrative Guidance)
The SMFDSA or
the DFDSA shall strengthen the business guidance on such production and
operation activities of the delivery of group
meal as purchasing of raw
materials, processing, storage, transportation and packaging of the meal.
Article 19 (Prohibited Acts)
The act of delivering shredded raw
vegetables, slicing prepared food, uncooked aquatic products and other food
banned by the State
and this Municipality from sales to the units taking group
meal is prohibited.
Chapter III Unit Taking Group Meal
Article 20 (Responsibility System of Person-in-charge of the Unit Taking
Meal)
The legal representative or person-in-charge of a unit taking group
meal shall bear the corresponding administrative liabilities
for the activities
of taking group meal by the unit.
The legal representative or
person-in-charge of the unit taking group meal shall guarantee the safety of
taking group meal for the
unit, and make public to the staff members and workers
the situation of the meal-providing unit, and prevent the occurrence of food
poisoning accident or food-borne diseases in organizing the unit to take meal.
Article 21 (Requirements of Order)
The unit taking group meal shall order
the meal for its own use from the production and operation unit that has the
valid Food Hygiene
License and business license; in case of inability to order
the meal delivered by the unit that has legal operation qualification,
the unit
shall require the staff members and workers to take meal in the nearby unit
canteens, or dining places that have operation
qualifications and conditions.
Article 22 (Requirements on Places, Facilities, Personnel of the Unit Taking
Meal)
The temporary food storage places of the unit taking group meal shall
be kept clean and hygienic; in case of on-spot individually
packaging of meal,
the places, facilities and installations that meet the requirements shall also
be provided.
The personnel of the unit taking group meal that engage in the
individual packaging, and handing out of meal shall undergo physical
examination
every year, and shall obtain the Health Qualification Certificate.
In case
of discovering any persons that have cough, fever, diarrhea or pyodermatitis,
exudative dermatitis, no arrangements shall
be made for such persons to engage
in individually packaging and handing out of meal.
Article 23 (Report of
Accident)
In case of the occurrence of suspected food poisoning accidents,
the unit taking the group meal shall immediately adopt effective
measures,
organize the rescue and treatment, put the remaining meal under control, and
within 2 hours from the occurrence of the
accident, report to the DFDSA of the
locality, and cooperate in the relevant investigation of the poisoning accident.
The unit taking group meal shall not conceal the situation, or make a false
report, or delay in reporting the situation of suspected
food poisoning
accidents.
Article 24 (Tip-offs)
In case any staff members and workers of
the unit taking group meal discover that the unit orders the meal from the
production and
operation unit that has no valid Food Hygiene License, and
business license, they shall report the case to the SMFDSA or the DFDSA.
Chapter IV Supervision and Inspection
Article 25 (Examination and Inspection over the Production and Operation
Unit)
The SMFDSA or the DFDSA shall, in accordance with law, strengthen the
on-spot inspection and supervision over the production and
operation places of
the delivery unit of group meal, and regularly test the samples of meal produced
and operated by the unit,
in accordance with law.
The law enforcement
personnel of supervision over food hygiene shall, at the time of exercising
supervision and inspection over
the delivery units of group meal, order it to
adopt effective measures in time to make corrections or to remove a hidden
danger
of accident in case of identifying the acts violating the provisions of
laws, regulations and these Procedures.
Article 26 (Supervision over the
Hygiene of the Unit Taking Group Meal)
The SMFDSA or the DFDSA shall
strengthen the routine supervision over the activities of taking meal by the
units taking group meal,
urge and guide the improvement of their safety
administration over meal.
The SMFDSA or the DFDSA may exercise the following
functions and powers in the implementation of supervision over the unit taking
the group meal:
1. to enter the dining places of the unit taking group meal;
2. to test the samples from the group meal;
3. to examine the Health
Qualification Certificate and the health condition of the personnel engaging in
the individual packaging
and handing out of the meal.
Article 27
(Controlling Measures)
The SMFDSA or the DFDSA may adopt the following
controlling measures if there exists the food poisoning accident or there exists
the evidence to prove that the food poisoning accident may happen:
1. to
seal up the meal and its raw materials that causes the food poisoning or may
cause the food poisoning;
2. to seal up the polluted places of production and
operation (including the preparation room of meal of the units taking group
meal), processing utensils, and containers of food that have connection with the
food poisoning accidents;
3. to order the delivery unit to take back the sold
meal that causes the food poisoning or may cause food poisoning.
Article 28
(Handling of Accidents)
Having received the report on food poisoning or
suspected food poisoning accident of the units taking group meal, the SMFDSA or
the DFDSA shall make a detailed record, and carry out the investigation and
handling in time, and adopt effective controlling measures;
in case of the
occurrence of major or serious food poisoning accident, or the death of
person(s), the SMFDSA or the DFDSA shall
carry out the investigation and
handling jointly with relevant departments in accordance with law.
Chapter V Legal Liabilities
Article 29 (Punishment on the Delivery Unit of Group Meal)
In case the
delivery unit of group meal does any one of the following acts in violation of
the provisions of these Procedures, the
SMFDSA or the DFDSA shall order a
correction; in case of refusal to make corrections, a fine of between not less
than 3000 yuan
and not more than 30000 yuan shall be imposed:
1. failing to
provide full-time hygiene administration personnel, food hygiene inspection
organ or inspectors as required;
2. failing to set up the accounting system
in accordance with provisions;
3. altering the production and processing
technology or enlarging the quantity of production and processing of meal
without authorization;
4. delivering shredded raw vegetables, slicing
prepared food, uncooked aquatic products to the units taking group meal;
In
case the delivery unit violates the provisions of these Procedures, causing food
poisoning accidents or other food-borne diseases,
the SMFDSA or the DFDSA shall
order it to stop the production and operation activities, revoke the Food
Hygiene License, and impose
penalties in accordance with law, and the industry
and commerce department shall revoke the business license in accordance with
law; in case of serious food poisoning accident, the directly responsible person
shall be prosecuted for criminal liabilities in
accordance with law.
In case
the delivery unit violates the other provisions of these Procedures, the SMFDSA
or the DFDSA shall impose punishment in
accordance with the "Law of the People' s
Republic of China on Food Hygiene" and other laws, rules and
regulations.
Article 30 (Punishment on the Units Taking Group Meal)
In
case the unit taking group meal has one of the following situations in violation
of the provisions of these Procedures, the SMFDSA
or the DFDSA shall order a
correction and a fine of not more than 1000 yuan may be cumulatively imposed:
1. to order meal from the production and operation unit that has no valid
Food Hygiene License, and business license;
2. the personnel of the unit that
participate in the individual packaging, and handing-out of meal have not
undergone the physical
examination and obtained the qualification
certificate;
3. to conceal the situation, or make a false report, or delay in
reporting the situation in case of the occurrence of food poisoning
or suspected
food poisoning accident.
In case the unit taking group meal has the accident
of food poisoning in violation of these Procedures, causing personnel
casualties,
the wrongdoer shall bear corresponding civil liabilities.
Article
31 (Punishment on Law Enforcement Personnel)
Any law enforcement person who
neglects his/her duties, abuses his/her power, engages in malpractice for
selfish ends in the course
of law enforcement and thus causes major accident of
food poisoning serious enough to constitute a crime shall be prosecuted for
criminal liabilities in accordance with law; and if the wrongful act does not
constitute a crime, the wrongdoer shall be imposed
administrative sanctions in
accordance with law.
Article 32 (Remedy Procedures in case of Disagreeing
with Specific Administrative Acts)
The party concerned who does not accept
the specific administrative acts made by relevant administrative departments may
apply for
the administrative reconsideration or lodge an administrative lawsuit
in accordance with "Law of the People' s Republic of China
on Administrative
Reconsideration" or the "Administrative Litigation Law of the People' s Republic of
China" .
Chapter VI Supplementary Provision
Article 33 (Effective Date)
These Procedures shall become effective on
August 11,2005.
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