Specification for Administrative Law Enforcement Documents on Food Safety in Catering Services (Draft for Comment) May 11, 2119 Chapter I General Provisions Article 1 In order to standardize the administrative law enforcement actions on food safety in catering services and protect the legitimate rights and interests of citizens, legal persons and other organizations, this specification is formulated in accordance with the Administrative Punishment Law of the People's Republic of China and the Food Safety Law of the People's Republic of China and other relevant laws and regulations. Article 2 The documents stipulated in this Code are applicable to the food safety administrative law enforcement activities of catering services such as on-site food safety supervision and inspection, sampling inspection and administrative punishment. Article 3 The formats and styles of various documents determined in the specifications shall be uniformly formulated by the State Food and Drug Administration. In addition to the style of documents stipulated in this specification, the provincial food and drug supervision organs may also supplement corresponding documents according to the needs of their work. Article 4 The documents produced shall be complete, accurate, standardized and meet the corresponding requirements. The full name of the food and drug supervision and administration organ shall be filled in the document. If the document itself has a document number, the corresponding document number shall be written in the "document number" position marked on the document. The form of document number is: regional abbreviation+food and drug+law enforcement category+law enforcement nature+[year]+serial number, such as Beijing Food and Drug Punishment [2119] No.111. If the document itself is numbered, the number should be printed after the "number:" marked on the document, and the number form is year+serial number, such as 2119-111. Chapter II Production Requirements Article 5 Documents shall be printed in the prescribed format and then filled in. It should be filled in with blue or black ink pen or signature pen to ensure clear handwriting, standardized writing and clean face. Conditional food and drug supervision and administration organs can print in accordance with the prescribed format. If a document needs to be revised due to a writing error, the revised place should be crossed out with a bar line and the correct content should be written above or below it. Where a document for external use is amended, a proofreading seal shall be affixed at the altered place, or it shall be signed or sealed by the other party. Article 6 The preset document columns shall be filled in item by item. What is filled in should be concise, complete and accurate. Signature and date must be clear and correct. Article 7 The records made in the investigation and inquiry shall be specific and detailed. If the key facts and important clues of the case are involved, the original words shall be recorded as far as possible. Do not use speculative words to avoid ambiguity. The description and record of the other party's position, state and degree shall be orderly, accurate and clear. Article 8 Documents made on the spot, such as sampling records, on-site inspection records, inquiry records, statements and defense records, hearing records, etc., shall be submitted to the relevant parties for review or read out to them on the spot, and signed by the parties for confirmation. If the parties think that the records are omitted or have errors, they should make additions and amendments, and cover the changes with fingerprints or seals. If the parties consider that the contents recorded in the on-site inspection record and inquiry record are true and correct, they shall indicate "the above record is true" on the record and sign it. Article 9 How to fill in the column of * * * in various documents: If the document itself has the item of "party", it shall be filled in as follows: if it is a legal person or other organization, it shall fill in the full name, address and contact telephone number of the unit, and the name, gender, nationality and position of the legal representative (person in charge); If it is an individual, the name, gender, age, nationality, address, contact telephone number and other contents shall be filled in. "The source of the case" shall be filled in according to Article 14 of the Procedures for Administrative Punishment of Food Safety in Catering Services. When the first page of the document is not enough to record, a paper record can be attached, but both the first page and the attached page should be signed and dated by the parties concerned. The unified writing of the cause of action is the name of the party (name)+specific illegal act+case, for example, XXX Co., Ltd. violated the food safety license management case. If the document itself has a "party" item, the content about the party may be omitted when writing the cause of action. Article 11 If a receipt column is set for a document for external use, the parties concerned shall directly sign for it if it is delivered directly. If it is not set, the service receipt shall generally be used. Article 11 Sampling records of product samples are written records of samples of food, food additives and food-related products collected for identification and inspection. The sampling record shall specify the sampled person, sampling address, sampling method, sampling time, sampling purpose, etc. The basic information of the sample shall indicate the sample name, specification, quantity, packaging condition or storage condition, production date or batch number, marked production or import agency, and the specific place where the sample was collected. Article 12 Sampling records of non-product samples are written records of samples collected from relevant places for identification and inspection. The sampling record of non-product samples shall indicate the sampled person, sampling place, sampling method, sampling time, sampling purpose, name of equipment or instrument used, name and number of samples collected. In addition, the condition of the corresponding articles or places should be objectively described. Article 13 The notice of confirmation of product samples refers to the written notice issued by the food and drug supervision and administration organ that carries out sampling inspection of products to the production or import agency marked with labels in order to confirm the real production or import agency of the samples after the catering service operators collect the samples. In the case that the above-mentioned units are difficult to confirm or contact, the catering service operators may be required to serve this notice. The product sample confirmation notice shall indicate the basic information of the sample in turn: sampling date, sampled unit or address, sample name, production or import agency, production date or batch number, trademark, specification, packaging condition or storage condition, relevant basis, etc. It shall also inform the time, place, contact address, zip code, contact telephone number and contact person for confirmation. Article 14 The product sample confirmation is a confirmation document made by the production or import agency that is required to confirm the sample, whether the sample is its production or agent. The product sample confirmation letter shall be filled in by the unit that is required to confirm, and it shall indicate the positive or negative opinions. When expressing negative opinions, the reasons should be explained. Article 15 The power of attorney for technical appraisal is a document used when the food and drug supervision and administration agency entrusts a technical institution to conduct special appraisal and inspection on relevant issues. The technical appraisal power of attorney is equivalent to the entrustment contract, and the entrusted matters refer to the items that need appraisal and inspection. Article 16 The notification of inspection results is a document that informs the relevant parties of the inspection results according to relevant regulations, and it shall specify the name of the inspected product or other substance, the legal basis and the time limit for filing an application for review. Seventeenth food safety supervision opinions, is the food and drug supervision and management organs to produce the supervised units or individuals with a guiding or mandatory role of the document. The supervision column should put forward feasible improvement measures for the problems found, so as to meet the food safety standards or hygiene requirements. Although there are illegal facts, but the circumstances are minor, the parties who are exempted from administrative punishment shall be ordered to make corrections, and the legal basis, the time limit for correction and the opinions to be ordered to make corrections shall be stated. Article 18 The notice of transferring persons suffering from diseases that hinder food safety refers to the notice that the food and drug supervision and administration authorities inform the employing unit to transfer food practitioners suffering from diseases that hinder food safety from their posts that are in contact with directly imported food. The notice of transfer of persons suffering from diseases that hinder food safety shall specify the legal basis for transfer, the name, gender, physical examination results, jobs that contact directly imported food, etc. of persons who need to be transferred from their posts. Article 19 The decision on administrative control of food safety is a document issued by the food and drug supervision and administration authorities when the food, food additives and food-related products produced and operated by the parties concerned do not meet the food safety standards or are polluted, or illegally engage in food production and operation activities. The written decision on administrative control of food safety shall specify the full name of the parties concerned, the reasons for control, the legal basis for control and the time limit for making the decision. For the controlled articles or places, the name, control place and control mode of the articles or places shall be specified. Article 21. The decision to cancel the administrative control of food safety is a document issued by the food and drug supervision and administration organ when it is confirmed that the controlled articles or places cannot or cannot pose harm to human health. The decision on lifting the administrative control of food safety shall specify the full name of the parties and the time and document number of the control document. Article 21 A seal is an instrument used when measures such as temporarily stopping the use, prohibiting the sale, transferring, damaging or concealing the production and business premises and articles are taken for investigation and evidence collection, preservation of evidence, or prevention of further harm. The seal shall indicate the date and time limit for sealing up and affix the official seal. Article 22 The record of case acceptance is a written record of cases found by inspection, reported or accused by the masses, assigned by the food and drug supervision and administration organ at a higher level, submitted by the food and drug supervision and administration organ at a lower level and transferred by the relevant departments, and accepted in accordance with the prescribed authority and procedures. If the unit (person) involved in the case acceptance record is a legal person or other organization, the full name, address and telephone number of the unit, the name, gender, nationality and position of the legal representative or person in charge shall be stated; If it is an individual, the name, gender, age, nationality, address, contact telephone number and other contents should be stated. The summary of the case shall specify the main illegal facts, including the time, place, important evidence and the harm and influence caused. Handling opinions are specific suggestions put forward by the handler, such as whether the case needs further verification, which specific department should bear it and who should be responsible. The opinions of the person in charge are instructions for handling opinions. The person in charge may be the person in charge of the food and drug administration, or the person in charge of the relevant competent department (department or office), which shall be determined according to the actual situation and needs. Twenty-third filing report is a written report submitted to the person in charge of the competent bureau or the person in charge of the competent department (department, room) after preliminary verification of the accepted cases and confirmation of illegal facts, which belong to the jurisdiction of this organ and need to be given administrative punishment. The summary of the case in the filing report shall be arranged according to the nature and degree, from big to small and from heavy to light, and the questions shall be raised one by one and briefly explained. At the same time, it is necessary to indicate the specific legal provisions violated by the parties. The examination and approval opinions of the person in charge are the instructions of the person in charge to investigate and deal with the case. If the case is approved, the contractor shall be determined. Twenty-fourth case transfer is a document that transfers cases that are not under the jurisdiction of the department to the relevant units or departments for handling. The transfer letter shall specify the acceptance time, cause of action, reasons for transfer and legal basis for transfer of the case. Transferred to the food and drug administration shall transfer the case materials together. Twenty-fifth on-site inspection records, is in the process of case investigation, on-site inspection, inspection records of places and physical evidence sites related to the case. Inspection time, year, month, day, hour, minute to hour. The specific location and location of the inspection site shall be clearly written. Check the content record, and record the relevant information related to the facts of the case accurately and objectively. Article 26 The record of inquiry refers to the record of inquiry made to the parties, witnesses or other persons questioned in a case in order to find out the facts of the case and collect evidence. The interrogation record is divided into two kinds: the statement of the parties and the testimony of witnesses. The basic information should record the name, gender, age, nationality, education level, work unit, address (contact address) and the relationship with the investigated object. The time of inquiry shall specify the starting and ending time of inquiry. When asking about the place, the specific place shall be specified. The contents of the inquiry shall record all the information related to the case provided by the interviewee, including the time and place of the case, the course of facts, causality and consequences. Article 27 The written decision on the advance registration and preservation of evidence is a document that requires the parties to keep the evidence that needs to be preserved after it is registered. The decision on the advance registration and preservation of evidence shall specify the preservation method, duration, location and relevant contents of the preservation of evidence. Article 28 The decision on the advance registration and preservation of evidence is the official document for the food and drug administration to make a decision on the preservation of evidence within the prescribed time limit. The written decision shall specify the full name of the parties concerned, and save the time, document number and specific decision made in the written decision. Twenty-ninth case investigation report is a formal report made by the undertaker to the leaders or relevant departments in writing on the facts of the case, the understanding of the nature of the investigated problems, the analysis of the responsibilities of the parties, and the opinions on the handling of the parties after the investigation of the case is completed. Undertaking agency refers to the agency that mainly handles the case, such as the department (office, office), etc. The undertaker refers to the supervisor responsible for handling the case. The case and the illegal facts shall be concise and to the point, and the course and result of the case and the legal provisions violated shall be clearly written. Relevant evidence shall list all the evidence that has been verified and is related to the case. The main points of the dispute should not only indicate the different views of the parties and the undertaker on the facts of the case, but also indicate the different opinions of the undertaker on the case. If there is no dispute, write "None". Handling suggestions, after investigation, according to the illegal facts of the case does not exist, it should be stated that it is recommended to end the investigation and close the case. For cases requiring administrative punishment, the type, scope and legal basis of the proposed administrative punishment shall be clearly stated. The opinions of the person in charge shall indicate whether they agree or not, and put forward specific opinions on the cases that need collegiate bench. Thirtieth collegiate bench records are written materials recorded when organizing relevant personnel to conduct comprehensive analysis and deliberation on administrative punishment or other major administrative punishment cases to which hearing procedures are to be applied after investigation. The collegiate record shall specify the cause of action, the collegiate chair, the participants, the collegiate time, the collegiate place, etc. The collegial record must include: illegal facts, relevant evidence, punishment basis and collegial suggestions. If there are different opinions, it shall be truthfully recorded. After the collegiate bench, all participants should sign and date the collegiate bench record on each page. Thirty-first advance notice of administrative punishment is a document that informs the parties of the facts, reasons, punishment types and basis of the administrative punishment decision to be made and the rights that the parties should enjoy according to law before making the administrative punishment decision. The advance notice shall clearly state the illegal acts of the parties concerned, the legal provisions violated, the legal basis for the decision on administrative punishment to be made, the types and extent of administrative punishment, and the time, place, telephone number and contact person of the parties to make statements and defenses. When the parties indicate that they give up the statement and defend oneself, they shall ask the parties to write "Give up the statement and defend oneself" or "No statement and no defense" in the "receipt of the parties". Thirty-second statements and defenses are records of the facts, demands and reasons stated and defended by the parties and the statements and defenses. If a party entrusts a statement defender, it shall specify the name, gender, position and current work unit of the entrusted statement defender. The entrusted statement defender shall issue a power of attorney from the party concerned. The place and time of the statement and defense shall be clearly written. The original words of the respondent shall be recorded as far as possible. If the original words cannot be recorded, the record shall truly reflect the original intention of the respondent. Thirty-third administrative punishment hearing notice is a document that informs the parties of the right to request a hearing before making an administrative punishment decision on a major administrative punishment case to which the hearing procedure applies. The notification shall specify the illegal acts of the parties concerned, the legal provisions violated and the lines to be made.