Article 1 In order to strengthen the supervision and management of catering services and ensure food safety in catering services, these Measures are formulated in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law) and the Regulations for the Implementation of the Food Safety Law of the People's Republic of China (hereinafter referred to as the Regulations for the Implementation of the Food Safety Law).

article 2 units and individuals engaged in catering services within the people's Republic of China (hereinafter referred to as catering service providers) shall abide by these measures.

article 3 the state food and drug administration is in charge of the supervision and administration of catering services nationwide, and local food and drug supervision and administration departments at all levels are responsible for the supervision and administration of catering services within their respective administrative areas.

article 4 catering service providers shall engage in catering service activities in accordance with laws, regulations, food safety standards and relevant requirements, be responsible to the society and the public, ensure food safety, accept social supervision, and assume the responsibility of catering service food safety.

article 5 encourages social organizations and grass-roots mass autonomous organizations to popularize food safety knowledge of catering services and relevant laws and regulations, so as to enhance food safety awareness of catering service providers and improve consumers' self-protection ability; Encourage the development of technical services and promote catering service providers to improve the level of food safety management.

catering service-related industry associations should strengthen industry self-discipline, guide catering service providers to operate according to law, promote the construction of industry integrity, and publicize and popularize food safety knowledge of catering services.

article 6 catering service providers are encouraged and supported to adopt advanced technology and advanced management norms, implement hazard analysis and critical control point system, equip with advanced food safety testing equipment, and conduct self-inspection of food or submit it to legally qualified institutions for inspection.

article 7 any organization or individual has the right to supervise the food safety of catering services, report the acts of catering service providers in violation of these measures, get information about food safety of catering services, and put forward opinions and suggestions on food safety of catering services. Article 8 A catering service provider must obtain a Catering Service License in accordance with the law, operate according to the scope of the license, and hang or place the Catering Service License in a prominent position in the dining place.

article 9 catering service providers shall establish and improve the food safety management system, and be equipped with full-time or part-time food safety management personnel.

according to article 92 of the food safety law, the directly responsible person in charge of a unit whose catering service license has been revoked shall not engage in catering service management within 5 years from the date of making the punishment decision.

catering service providers shall not employ employees prohibited from engaging in management work as stipulated in the preceding paragraph of this article.

article 11 a catering service provider shall, in accordance with the provisions of article 34 of the food safety law, establish and implement a health management system for employees and establish health records for employees. Food and beverage service employees shall carry out health examination every year in accordance with the provisions of the second paragraph of Article 34 of the Food Safety Law, and can only take part in the work after obtaining the health certificate.

if the personnel engaged in the direct import of food suffer from diseases that hinder food safety as stipulated in article 23 of the regulations for the implementation of the food safety law, they should be transferred to other jobs that do not affect food safety.

article 11 catering service providers shall organize employees to participate in food safety training in accordance with the provisions of article 32 of the food safety law, learn food safety laws, regulations, standards and food safety knowledge, clarify food safety responsibilities, and establish training files; We should strengthen the training of full-time (part-time) food safety management personnel in food safety laws and regulations and related food safety management knowledge.

Article 12 A catering service provider shall establish a system of purchasing, checking and obtaining certificates and tickets for food, food raw materials, food additives and food-related products.

if a catering service provider purchases from a food production unit or a wholesale market, it shall check, ask for and keep the supplier's relevant license and product qualification certificate; If purchasing from a fixed supplier or supply base, the qualification certificate of the supplier or supply base, each supply list, etc. shall be inspected, obtained and retained; Purchase from supermarkets, farmers' markets, self-employed merchants, etc., shall obtain and keep the purchase list.

catering service enterprises should establish a procurement record system for food, food raw materials, food additives and food-related products. The purchase record shall truthfully record the product name, specification, quantity, production batch number, shelf life, supplier's name and contact information, purchase date and other contents, or keep the purchase bill containing the above information.

catering service providers should sort out purchasing records and related materials in an orderly manner according to the product variety and the order of purchase time, and keep them properly for future reference. The retention period of records and bills shall not be less than 2 years.

Article 13 A catering service provider who implements a unified distribution operation mode may uniformly check the supplier's license and product qualification documents by the enterprise headquarters, and establish food purchase inspection records.

if the unified distribution operation mode is implemented, each store of the enterprise shall establish a unified distribution document ledger of the headquarters. Products purchased by stores themselves shall comply with the provisions of Article 12 of these Measures.

Article 14 Catering service providers are prohibited from purchasing, using and dealing in the following foods:

(1) Foods whose production and business are prohibited by Article 28 of the Food Safety Law;

(2) foods that violate the provisions of Article 48 of the Food Safety Law;

(3) foods that violate the provisions of Article 51 of the Food Safety Law;

(4) importing into prepackaged foods in violation of Article 66 of the Food Safety Law.

article 15 catering service providers shall purchase, preserve and use food additives in accordance with relevant state regulations and food safety standards. Food additives should be stored in special cabinets and other facilities, marked with the words "food additives", properly kept, and a ledger should be established.

article 16 catering service providers shall strictly abide by the food safety operation specifications for catering services formulated by the state food and drug supervision and administration department. Catering services shall meet the following requirements:

(1) In the process of making and processing, the food and food raw materials to be processed shall be inspected, and those found to be corrupt or abnormal in other sensory properties shall not be processed or used;

(2) The places and equipment for storing food raw materials should be kept clean, and it is forbidden to store toxic and harmful articles and personal articles. Food raw materials should be stored in categories, divided into shelves, separated from the ground, and foods that have deteriorated or exceeded the shelf life should be inspected and treated regularly;

(3) The internal and external environment of food processing and business premises should be kept clean and tidy, and rats, cockroaches, flies and other harmful insects and their breeding conditions should be eliminated;

(4) Equipment and facilities for food processing, storage, display, disinfection, cleaning, heat preservation, cold storage and freezing shall be regularly maintained, and measuring instruments shall be calibrated and cleaned in time to ensure normal operation and use;

(5) Operators shall maintain good personal hygiene;

(6) Foods that need to be cooked and processed should be cooked and cooked thoroughly; Cooked products that need to be refrigerated shall be refrigerated in time after cooling; Direct-entry food should be stored separately from food raw materials or semi-finished products, and semi-finished products should be stored separately from food raw materials;

(7) The preparation of cold dishes should meet the requirements of special person in charge, special room production, special tools, special disinfection and special refrigeration;

(8) Tools and equipment used in catering processing operations must be nontoxic and harmless, clearly marked or distinguished, and used separately, stored in a fixed location, washed after use and kept clean; Tools and equipment that come into contact with direct food should be disinfected before use;

(9) Tableware and drinking utensils shall be cleaned and disinfected as required, and kept in special cleaning facilities for standby. Tableware and drinking utensils that have not been cleaned and disinfected shall not be used; The purchase and use of tableware and drinking utensils supplied by centralized disinfection enterprises shall examine their business qualifications and obtain disinfection qualification certificates;

(11) The tools, equipment and facilities for transporting food raw materials shall be kept clean and disinfected when necessary. Transportation of heat preservation and cold storage (frozen) food should have necessary heat preservation and cold storage (frozen) equipment and facilities that are suitable for the variety and quantity of food provided.

article 17 when the food and drug supervision and administration department conducts sampling inspection according to law, the catering service providers who have been sampled shall cooperate with the sampling inspection and truthfully provide information such as the source, quantity, inventory location, inventory quantity, sales volume and relevant tickets of the sampled samples. Eighteenth food and drug supervision and management departments at all levels shall formulate detailed rules for the implementation of their own plans according to the emergency plan for food safety accidents of the people's government at the same level, and do a good job in emergency handling of food safety accidents in catering services according to their functions.

article 19 the food and drug supervision and management department shall immediately verify the situation when it finds a food safety accident in its daily supervision and management, or when it receives a report about a food safety accident. if it is preliminarily verified as a food safety accident, it shall immediately notify the relevant departments at the same level such as health administration, agriculture administration, industry and commerce administration and quality supervision.

when a food safety accident occurs, the food and drug supervision and administration department at the place where the accident occurred shall, under the leadership of the people's government at the same level, respond in time, take measures to control the development of the situation, dispose of it according to law, and report to the food and drug supervision and administration department at a higher level in time in accordance with relevant regulations.

Article 21 The food and drug supervision and administration department at or above the county level shall, in accordance with the relevant provisions, carry out the investigation of food safety accidents in catering services, and have the right to ask the relevant catering service providers for information related to food safety accidents, and ask the catering service providers to provide relevant information and samples, and take the following measures:

(1) seal up the food and its raw materials that have caused or may cause food safety accidents, and immediately inspect them;

(2) seal up the contaminated food tools and utensils and order them to be cleaned and disinfected;

(3) supervise the destruction of food that is found to be contaminated after inspection; Unpacked food shall be unsealed;

(4) release food safety accidents and their handling according to law, and explain and explain the possible hazards.

article 21 catering service providers shall formulate plans for handling food safety accidents, regularly check the implementation of various food safety preventive measures, and eliminate hidden dangers of food safety accidents in time.

article 22 in the event of a food safety accident, a catering service provider shall immediately seal up the food and its raw materials, tools and utensils, equipment and facilities and the site that have caused or may cause the food safety accident, report to the health department of the local people's government at the county level and the food and drug supervision and administration department within 2 hours, and take control measures according to the requirements of relevant regulatory authorities.

catering service providers shall cooperate with the food safety supervision and administration department to investigate and handle food safety accidents, and provide relevant materials and samples as required, and shall not refuse. Twenty-third food and drug supervision and management departments may, according to the scale of catering services, establish and implement a quantitative classification and classification management system for food safety supervision and management of catering services.

the food and drug supervision and administration department may employ social supervisors to assist in food safety supervision of catering services.

article 24 when performing the duties of food safety supervision, the food and drug supervision and administration department at or above the county level finds that it is not under the jurisdiction of its own jurisdiction, it shall promptly transfer it to the food and drug supervision and administration department with jurisdiction. The food and drug supervision and administration department that accepts the transfer shall promptly feedback the handling of the transferred case to the food and drug supervision and administration department that transferred the case.

Article 25 The food and drug supervision and administration department at or above the county level shall accept any consultation, complaint or report that falls under its jurisdiction, and make timely verification, handling and reply; Those not under the jurisdiction of this department shall be notified in writing and handed over to the competent department for handling.

if it is found that the catering service providers use food raw materials or edible agricultural products, food additives and food-related products that do not meet the food safety standards and relevant requirements, and the causes belong to other food producers or operators or producers of edible agricultural products, they shall promptly notify the health administration, agricultural administration, industrial and commercial administration, quality supervision and other departments at the same level.

article 26 the food and drug supervision and administration department has the right to take the measures stipulated in article 77 of the food safety law when performing its duties.

Article 27 When supervising and inspecting catering service providers, food safety supervision and inspection personnel shall focus on the following contents:

(1) the licensing of catering services;

(2) Health certificates of employees, food safety knowledge training and establishment of files;

(3) information on environmental sanitation, personal hygiene, tools and equipment for food, food containers and packaging materials, sanitary facilities and technological processes;

(4) food safety in the process of food processing, production, sale and service;

(5) The system and implementation of incoming inspection, ticket and certificate collection for food, food additives and food-related products, and the formulation and implementation of emergency response system for food safety accidents;

(6) sensory characteristics, product labels, instructions and storage conditions of food raw materials, semi-finished products, finished products and food additives;

(7) the cleaning, disinfection and cleaning of tableware, drinking utensils, tools for food and containers for direct food;

(8) Hygiene of water use;

(9) other situations that need to be inspected.

article 28 when conducting supervision and inspection, food safety supervision and inspection personnel shall have two or more persons * * * to attend, and make on-site inspection records according to law, which shall be verified and signed by both parties. If the person under supervision and inspection refuses to sign, it shall indicate the reasons and relevant information, and record the names and positions of the personnel present.

article 29 the food and drug supervision and administration department at or above the county level shall be responsible for organizing and implementing the sampling inspection of the catering service links within its jurisdiction, and the required funds shall be paid by the local finance.

article 31 food safety supervision and inspection personnel can use the recognized food safety rapid detection technology to conduct rapid detection, and timely discover and screen foods, food additives and food-related products that do not meet food safety standards and relevant requirements. The results of discovery and screening by using on-site rapid detection technology shall not be directly used as the basis for law enforcement. The preliminary screening results show that foods that may not meet the food safety standards and relevant requirements shall be inspected in accordance with the relevant provisions of the Food Safety Law.

if the rapid test results show that it may not meet the food safety standards and relevant requirements, the catering service provider shall take food safety guarantee measures according to the actual situation.

article 31 food safety supervision and inspection personnel must conduct sampling according to the sampling plan and sampling procedures, and fill in sampling records. Sampling inspection shall purchase product samples and shall not charge inspection fees or any other fees.

food safety supervision and inspection personnel shall deliver the samples to qualified inspection institutions in time.

article 32 a food inspection institution shall conduct inspection according to the inspection purpose and inspection requirements, and in accordance with the relevant food safety standards and prescribed inspection methods, and issue legal inspection reports on time.

article 33 if there is any objection to the inspection conclusion, the objector has the right to submit a written application for re-inspection to the food and drug supervision and administration department that organized the sampling inspection within 11 days from the date of receiving the notification of the inspection result. If the application is not submitted within the time limit, the right shall be deemed to be waived.

the re-inspection work shall be undertaken by the relevant departments.