(Promulgated by Order No.36 of China Food and Drug Administration on October 6, 2007, and revised by Order No.31of State Administration of Markets on October 23, 2020).
Article 1 These Measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and other laws and regulations in order to strengthen the food safety supervision and management of online catering services, standardize the operation behavior of online catering services, ensure the food safety of catering and public health.
Article 2 Within the territory of People's Republic of China (PRC), the third-party platform providers of online catering services and catering service providers who provide catering services through third-party platforms and self-built websites (hereinafter referred to as online catering service providers) use the Internet to provide catering services and their supervision and management, and these Measures shall apply.
Article 3 The State Administration of Market Supervision shall be responsible for guiding the food safety supervision and management of online catering services nationwide and organizing food safety monitoring of online catering services.
The local market supervision and management departments at or above the county level shall be responsible for the food safety supervision and management of online catering services within their respective administrative areas.
Article 4 An online catering service provider shall have an entity to operate stores and obtain a food business license according to law, and engage in business activities according to the main formats and business items specified in the food business license, and shall not operate beyond the scope.
Article 5 A third-party platform provider of online catering service shall, within 30 working days after the approval of the competent communication department, file with the local provincial market supervision and management department. The catering service provider of the self-built website shall, within 30 working days after filing with the competent communication department, file with the local county-level market supervision and management department. The filing contents include domain name, IP address, telecom business license or record number, enterprise name, address, legal representative or person in charge, etc.
Where a third-party platform provider of online catering services establishes a branch engaged in online catering services, it shall file with the local county-level market supervision and management department within 30 working days after its establishment. The filing contents include the name, address, legal representative or person in charge of the branch.
The market supervision and management department shall promptly disclose relevant filing information to the public.
Article 6 The third-party platform providers of online catering services shall establish and implement systems such as the examination and registration of online catering service providers, the stopping and reporting of food safety violations, the stopping of platform services for serious violations, and the handling of food safety accidents. , and disclose relevant systems on the network platform.
Article 7 A third-party platform provider of online catering service shall set up a special food safety management organization, be equipped with full-time food safety management personnel, and conduct annual training and assessment for the food safety management personnel. The retention period of training and assessment records shall not be less than 2 years. Those who do not have the ability of food safety management after examination shall not take up their posts.
Article 8 A third-party platform provider of online catering service shall review the food business license of the online catering service provider, register the name, address, legal representative or person in charge and contact information of the online catering service provider, and ensure the authenticity of the license information such as business premises specified in the food business license of the online catering service provider.
The third-party platform provider of online catering service shall sign a food safety agreement with the online catering service provider to clarify the responsibility for food safety.
Article 9 The third-party platform providers of online catering services and catering service providers accessing the network shall publicize the food business license of catering service providers on the main page of catering service business activities. If the information such as food business license changes, it shall be updated in time.
Article 10 The third-party platform providers of online catering services and online catering service providers shall publicize the names, addresses and quantitative grading information of catering service providers online, and the publicized information shall be true.
Eleventh catering service providers shall publicize the names of dishes and main raw materials online, and the information publicized shall be true.
Article 12 Where a third-party platform provider of online catering services provides food containers, tableware and packaging materials, the food containers, tableware and packaging materials provided shall be non-toxic and clean.
Encourage third-party platform providers of online catering services to provide degradable food containers, tableware and packaging materials.
Thirteenth online catering service providers and catering service providers should strengthen the food safety training and management of food delivery personnel. Where a food delivery unit is entrusted to deliver food, the food delivery unit shall strengthen the food safety training and management of the food delivery personnel. The retention period of training records shall not be less than 2 years.
Fourteenth food delivery personnel should maintain personal hygiene, use safe and harmless distribution containers, keep the containers clean, and carry out regular cleaning and disinfection. The food delivery personnel shall check the delivery of food to ensure that the food is not contaminated during delivery.
Article 15 The third-party platform providers of online catering services and catering service providers who build their own websites shall fulfill their recording obligations and truthfully record the order information of online ordering, including food name, ordering time, delivery personnel, delivery time, delivery address, etc., and the information shall be kept for no less than 6 months.
Article 16 The third-party platform providers of online catering services shall conduct spot checks and monitor the business behaviors of online catering service providers.
If the third-party platform provider of online catering service finds that the online catering service provider has violated the law, it shall stop it in time and immediately report to the county-level market supervision and management department where the online catering service provider is located; If a serious illegal act is found, it shall immediately stop providing online trading platform services.
Seventeenth online catering service third-party platform providers should establish a complaint handling system, open the way of complaint reporting, and timely handle complaints and reports involving consumer food safety.
Article 18 A catering service provider shall meet the following requirements when processing and making catering food:
(1) Formulating and implementing raw material control requirements, selecting suppliers with legal qualifications to ensure the quality and safety of raw materials, or purchasing raw materials from raw material production bases and supermarkets, and keeping records of food raw material claim, claim and incoming inspection, and not purchasing food and raw materials that do not meet food safety standards;
(2) In the process of processing, the processed food and raw materials shall be inspected. It shall not be processed and used if it is found to be rotten, rancid, moldy, insect-borne, unclean, adulterated or abnormal in sensory properties;
(three) regular maintenance of food storage, processing, cleaning and disinfection facilities and equipment, regular cleaning and calibration of heat preservation, refrigeration and freezing facilities and equipment to ensure the normal operation of facilities and equipment;
(four) when processing food in its own processing and operation areas, it shall not entrust the order to other food operators for processing and production;
(5) The catering food sold online shall be consistent with the quality and safety of catering food sold in physical stores.
Nineteenth catering service providers should use non-toxic, clean food containers, tableware and packaging materials to package catering food, avoid direct contact with food by food delivery personnel, and ensure that food is not contaminated during food delivery.
Twentieth catering service providers to distribute food with special requirements such as preservation, heat preservation, refrigeration or freezing, etc., should take preservation and distribution measures to ensure food safety.
Twenty-first found that the third-party platform providers of online catering services and catering service providers have violated the law, the State Administration of Market Supervision shall notify the relevant provincial market supervision and management departments to organize investigation according to law.
Twenty-second local market supervision and management departments at or above the county level shall promptly investigate and deal with illegal acts reported by third-party platform providers of online catering services.
Twenty-third local market supervision and management departments at or above the county level shall strengthen the supervision and inspection of food safety of online catering services, and investigate and deal with illegal acts of third-party platform providers of online catering services and online catering service providers according to law.
Twenty-fourth local market supervision and management departments at or above the county level may, in accordance with the law, take the technical monitoring records of online catering service trading activities as the basis for identifying relevant facts.
Twenty-fifth local market supervision and management departments at or above the county level shall promptly check the clues reflected by consumer complaints and reports, and investigate and deal with those suspected of violating the law according to law.
Twenty-sixth local market supervision and management departments at or above the county level shall notify the third-party platform providers of online catering services to immediately stop providing online trading platform services to online catering service providers.
Article 27 In violation of the provisions of Article 4 of these measures, catering service providers who access the Internet have no physical stores and have not obtained food business licenses according to law, the local market supervision and management departments at or above the county level shall be punished in accordance with the provisions of Article 122 of the Food Safety Law.
Article 28 In violation of the provisions of Article 5 of these Measures, if the third-party platform providers of online catering services and their branches or catering service providers of self-built websites fail to fulfill the corresponding filing obligations, the local market supervision and management departments at or above the county level shall order them to make corrections and give them a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Twenty-ninth in violation of the provisions of Article 6 of these measures, the third-party platform provider of online catering service fails to establish, implement and disclose relevant systems as required, and the local market supervision and management department at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 30 In violation of the provisions of Article 7 of these Measures, if the third-party platform provider of online catering service fails to set up a special food safety management organization and equip full-time food safety management personnel, or fails to train, assess and keep records of food safety management personnel as required, the local market supervision and management department at or above the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 31 In violation of the provisions of the first paragraph of Article 8 of these Measures, the third-party platform provider of online catering service fails to check the food business license of the online catering service provider, fails to register the name, address, legal representative or person in charge, contact information and other information of the online catering service provider, or the license information such as the business place specified in the food business license of the online catering service provider is untrue, the local market supervision and management department at or above the county level shall punish it in accordance with the provisions of Article 131 of the Food Safety Law.
In violation of the provisions of the second paragraph of Article 8 of these measures, the third-party platform provider of online catering service has not signed a food safety agreement with the catering service provider, and the local market supervision and management department at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Thirty-second in violation of the provisions of Article 9, Article 10 and Article 11 of these measures, the third-party platform providers of online catering services and online catering service providers fail to publicize and update information as required, and the local market supervision and management departments at or above the county level shall order them to make corrections and give them a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 33 In violation of the provisions of Article 12 of these Measures, if the food distribution containers, tableware and packaging materials provided by the third-party platform providers of online catering services do not meet the requirements, the local market supervision and management departments at or above the county level shall be punished in accordance with the provisions of Article 132 of the Food Safety Law.
Article 34 If, in violation of the provisions of Article 13 of these measures, the third-party platform provider of online catering service or the catering service provider accessing the network fails to conduct food safety training and management for the food delivery personnel, or the food delivery unit fails to conduct food safety training and management for the food delivery personnel, or fails to keep training records as required, the local market supervision and management department at or above the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 35 If the food delivery personnel violate the provisions of Article 14 of these measures and fail to perform the obligation of using safe and harmless delivery containers, the local market supervision and management departments at or above the county level shall, in accordance with the provisions of Article 132 of the Food Safety Law, punish the unit where the food delivery personnel work.
Article 36 In violation of the provisions of Article 15 of these measures, if the third-party platform provider of online catering service or the catering service provider of self-built website fails to record and save online ordering information as required, the local market supervision and management department at or above the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 37 In violation of the provisions of the first paragraph of Article 16 of these Measures, if the third-party platform provider of online catering service fails to conduct random inspection and monitoring on the business behavior of catering service providers, the local market supervision and management department at or above the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
In violation of the provisions of the second paragraph of Article 16 of these Measures, if a third-party platform provider of online catering service finds that the catering service provider has violated the law and fails to stop it in time and immediately report it to the county-level market supervision and administration department where the catering service provider is located, or if it finds that the catering service provider has seriously violated the law and fails to immediately stop providing online trading platform services, the local market supervision and administration department at or above the county level shall punish it in accordance with the provisions of Article 131 of the Food Safety Law.
Article 38 In violation of the provisions of Article 17 of these Measures, if the third-party platform provider of online catering service fails to establish a handling system for consumer complaints and reports as required, or fails to handle complaints and reports involving consumer food safety in time, the local market supervision and management department at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 39 Where a catering service provider violates the provisions of Item (1) of Article 18 of these Measures and fails to fulfill the obligation to formulate and implement the requirements for raw material control, the local market supervision and management department at or above the county level shall punish it in accordance with the provisions of Paragraph 1 of Article 126 of the Food Safety Law.
In violation of the provisions of Item (2) of Article 18 of these Measures, catering service providers who use raw materials such as spoilage, rancidity, mildew and insects, filth and impurity, adulteration and false or abnormal sensory properties to process food shall be punished by the local market supervision and management departments at or above the county level in accordance with the provisions of the first paragraph of Article 124 of the Food Safety Law.
In violation of the provisions of Item (3) of Article 18 of these Measures, the catering service provider who accesses the network fails to regularly maintain facilities and equipment such as food storage, processing, cleaning and disinfection, or fails to regularly clean and inspect facilities and equipment such as heat preservation, refrigeration and freezing, the local market supervision and management department at or above the county level shall be punished in accordance with the provisions of the first paragraph of Article 126 of the Food Safety Law.
In violation of the provisions of Item (4) and Item (5) of Article 18 of these Measures, if the online catering service provider entrusts other food operators to process and make food orders, or the catering food sold online does not conform to the quality and safety of the catering food sold in physical stores, the local market supervision and management department at or above the county level shall order it to make corrections and give it a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Fortieth in violation of the provisions of article nineteenth of these measures, the catering service provider fails to fulfill the corresponding packaging obligations, and the local market supervision and management department at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of 5000 yuan and 30 thousand yuan.
Article 41 Where a catering service provider, in violation of the provisions of Article 20 of these measures, distributes food with special requirements such as preservation, heat preservation, refrigeration or freezing, and fails to take preservation and distribution measures to ensure food safety, the local market supervision and administration department at or above the county level shall punish it in accordance with the provisions of Article 132 of the Food Safety Law.
Forty-second local market supervision and management departments at or above the county level shall, within 20 working days from the date of making a punishment decision on the illegal acts of third-party platform providers of online catering services and catering service providers.
Article 43 Where local regulations and government regulations of provinces, autonomous regions and municipalities directly under the Central Government have provisions on the operation of small catering outlets, those provisions shall prevail.
If there is no provision in the Measures for Investigating and Handling Food Safety Violations of Internet Catering Services, it shall be implemented in accordance with the Measures for Investigating and Handling Food Safety Violations of Internet.
Article 44 If a third-party platform provider of online catering service or an online catering service provider violates the provisions of the Food Safety Law and constitutes a crime, criminal responsibility shall be investigated according to law.
Forty-fifth catering service chain headquarters to establish a website to provide online trading services for its stores, with reference to the provisions of these Measures on third-party platform providers of online catering services.
Article 46 These Measures shall come into force as of1October 2008, 2065438+ 1 day.