Detailed interpretation of the regulations on the management of small food stalls in small food workshops in Hebei Province
The roadside food stalls all over the streets and lanes, and the online ordering that is increasingly popular among young people, have brought convenience to people's lives, but they have also been controversial because of sanitary conditions. In order to "manage" these small food stalls in small food workshops and ensure the safety of people's tongues, Hebei has promulgated the Regulations on the Management of Small Food Stalls in Small Food Workshops in Hebei (referred to as the Regulations), which will be implemented on July 1. What are the breakthroughs and highlights of the Regulations in food supervision, and how to ensure their implementation? Yesterday, the provincial government held a press conference, and Zhang Tinghua, deputy director of the Provincial Food and Drug Administration, answered reporters' questions on the contents and implementation of the Regulations.
Interpretation of highlights: clearly list the "three small" and "negative list" of food
◇ 221,111 households will have ID cards for the "three small" food. Original text of the Regulations: small workshops and restaurants are managed by registration certificates, and small stalls are managed by filing cards. There is no charge for issuing registration certificates and filing cards.
Interpretation:
Zhang Tinghua, deputy director of the Provincial Food and Drug Administration, said that according to statistics, there are 221,111 "three-small" food producers and operators in Hebei Province, mainly distributed in rural areas, communities and urban-rural junctions. The employees are frequently moving, and there are many phenomena of producing and selling unqualified, over-shelf, unpacked and incompletely labeled foods. "There is a lack of management system and no rules to follow", which has food safety hazards.
according to the regulations, the food producers and operators of "three small" enterprises shall implement the management of registration certificates and filing cards. This is like having an "ID card", and its management will be more standardized and targeted.
◇ No stalls shall be set up around schools and kindergartens. The original text of the Regulations: Small stalls are prohibited from operating within 111 meters of the gates of schools and kindergartens.
Interpretation:
Why does the Regulations make this provision?
Zhang Tinghua explained that this provision clearly, concretely and directly protects teenagers and young children, which reflects the innovation and highlights of Hebei Provincial People's Congress legislation. From the local situation, the phenomenon of setting up stalls around schools and kindergartens is relatively common, and the food safety situation is worrying, which once aroused widespread concern of parents and society, but the regulatory authorities lack the legal basis to ban it. In order to purify the food safety environment around schools and kindergartens, reduce the frequency of students' contact with "problem food" and reduce the probability of food safety accidents, the Regulations strictly prohibit this on the basis of soliciting opinions from all sides.
◇ Online ordering: Third-party platforms bear legal responsibilities
Original text of the Regulations: providers of third-party platforms for online food transactions should register their real names in small workshops, restaurants and stalls, and clarify their food safety management responsibilities; Review its food business license or filing certificate according to law.
Interpretation:
At present, online consumption is in line with the trend of mass consumption. Those who have obtained registration certificates or filing cards in accordance with this Regulation can also sell their food through the Internet, which is allowed and encouraged, and is in line with the current spirit of "entrepreneurship and mass innovation". However, if a food safety accident occurs, both the Food Safety Law and the Regulations on the Management of Small Catering Stalls in Small Food Workshops in Hebei stipulate that both producers and operators and third-party trading platforms should bear legal responsibilities.
◇ Make clear the "three small" and "negative list" of food
Original text of the Regulations: Small workshops are not allowed to produce and process dairy products, quick-frozen foods, alcoholic beverages (liquor, beer, wine and fruit wine, etc.), canned foods, beverages, health foods, formula foods for special medical purposes, infant formula foods, infant supplementary foods, jellies, food additives and other products. Small restaurants are not allowed to operate decorated cakes, raw aquatic products and other foods prohibited by laws and regulations; Small stalls shall not sell high-risk foods prohibited by laws and regulations such as bulk liquor, food additives, health foods, formula foods for special medical purposes, formula foods for infants and young children, and supplementary foods for infants and young children.
Interpretation:
Compared with the past, the "Regulations" have greatly simplified the market access conditions of "three small" and the materials submitted for operation, and lowered the entry threshold of "three small". At the same time, the establishment of the "negative list" supervision system has directly clarified the boundaries for the "three small" to start businesses and innovate, that is, "the law can do it without prohibition".
◇ Seven kinds of minor violations are exempted from punishment for the first time
Original text of the Regulations: If small workshops and restaurants violate the provisions of Articles 21 and 26 of the Regulations and engage in food production and business activities without obtaining a registration certificate, the food and drug supervision and administration department of the county (city, district) people's government shall order them to make corrections; Refuses to correct, confiscate the illegal income and illegal production and operation of food, and impose a fine of more than one thousand yuan and three thousand yuan. If the circumstances are serious, the tools, equipment and other items used for illegal production and processing shall be confiscated.
Interpretation:
For the first violation of the law, the "Regulations" can be exempted from punishment for seven kinds of minor violations of the law for the first time, only giving verbal warnings to the parties and ordering them to make rectification as required. For example, small workshops and restaurants engage in food production and business activities without obtaining registration certificates; Small stalls engaged in food business activities without obtaining a record card; The "three primary schools" have no health certificate, or have not hung the registration certificate (record card) or health certificate, or used unwashed and disinfected tableware and drinking utensils, and so on.
◇ blacklisted people are prohibited from entering the business for three years
Original text of the Regulations: People's governments at or above the county level should establish a blacklist system to blacklist small workshops, restaurants and stalls that have one of the following behaviors and refuse to correct them, causing food safety accidents:
(1) Violating the provisions of food safety standards and using food additives beyond the scope and limit;
(2) producing or dealing in spoiled, expired, adulterated and adulterated food.
Interpretation:
The Regulations have established the credit files of the "three small businesses" and the "blacklist" system, and it is clear that the blacklist should be published according to law, and all the operators of the "three small businesses" listed in the "blacklist" cannot engage in food production and business activities within three years. This is a new qualification punishment system, which embodies the most severe punishment requirements. ◇ Call 12331 to report illegal activities. Original text of the Regulations: The food and drug supervision and administration department of the people's government at or above the county level shall announce the unit address, reporting telephone number and e-mail address of the department, and accept consultation, complaints and reports.
Interpretation:
The Regulations stipulate a reward reporting system, and any unit or individual has the right to report or complain about the illegal acts of small-scale food producers and operators. The province's food safety complaint hotline is 12331, and illegal clues can be reported at any time.
Policy implementation:
Carry out the campaign of "clearing dead corners and hitting dens"
◇ Special action to establish the basic account of "three small" supervision to investigate the food "three small" and find out the current situation of food production and operation in various places. From October last year to April this year, Hebei Food and Drug Administration launched the special campaign of "clearing dead corners and hitting dens". The Food and Drug Administration shall order it to suspend production and business for rectification if the production and operation conditions are poor and temporarily fail to meet the food safety production and operation standards; Those suspected of violating the law and committing crimes shall be promptly transferred to judicial organs; Those who produce, process and sell fake, shoddy, poisonous and harmful foods will be resolutely banned. The province * * * checked and entered 222,518 data information such as food production and processing workshops, small restaurants, small dining tables and small grocery stores, and closed 764 stores, basically establishing the basic accounts for the supervision of "three small" in Hebei Province, laying a solid foundation for the implementation of the Regulations on the Management of Small Food Workshops and Small Food Stalls in Hebei Province, further improving the level of food safety in the province.
◇ In the special campaign to destroy several fake dens and fight a protracted war, local regulatory authorities have stepped up inspection and handling cases, and public security organs have intervened in advance to seriously investigate and deal with a number of food safety crimes. Bazhou, Langfang successfully destroyed two fake dens, and a fake den seized 515 pieces of fake brand-name soy sauce, monosodium glutamate and fragrant pepper on the spot, involving more than 1.5 million yuan; Another fake den seized 22 tons of fake "Cody" dumplings on the spot, with a case value of 1.9 million yuan. Shuangqiao District, Chengde City, together with the Beijing police, destroyed a fake liquor manufacturing and selling den, and seized 5 counterfeit equipment, more than 1,111 bottles of fake liquor and more than 1.41 million counterfeit registered trademark marks on the spot, involving more than 1 million yuan. Wang Jinlong, director of food and drug safety of Hebei Food and Drug Administration, said that the special rectification of food safety is not only a "quick decisive battle" in close combat, but also a "protracted war" to lay the foundation and benefit the long term.
◇ In the formulation of supporting systems, it will be announced in mid-June, and there is still more than one month before the formal implementation of the Regulations. Zhang Tinghua, deputy director of the Provincial Food and Drug Administration, said that the Regulations have built a basic framework for the supervision of the "three small", and many provisions are macroscopic and rough. To implement the Regulations one by one, it is necessary to formulate relevant supporting systems to promote implementation. At present, there are six supporting systems for soliciting opinions: unified pattern of registration certificate and filing card, process of issuing registration certificate and filing card, general rules for on-site examination of registration certificate, blacklist system and three small dynamic information management platforms. Other related systems, such as training system, product sampling, assessment of township government and sub-district offices, have been incorporated into the original system, and the original system has been further revised and improved. These related systems are in full swing and will be announced to the public in mid-June to meet the regulatory needs of the "three small".