mistake
mistake
4. Wrong
5. Right
Multiple selections: 1, 4
first
In order to strengthen the management of the catering industry, standardize the business behavior of catering operators, handle consumer disputes in the catering industry fairly, justly and promptly, promote the healthy development of the catering industry, and safeguard the legitimate rights and interests of consumers and operators, according to the Food Sanitation Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, and the Measures of Zhejiang Province for Implementing the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests.
second
The term "catering operators" as mentioned in these Measures refers to restaurants, hotels, guesthouses, restaurants, restaurants, noodle shops, fast food restaurants, snack bars, western restaurants, bars, teahouses and other enterprises and individual industrial and commercial households engaged in catering services within the administrative area of this province.
essay
These Measures are jointly organized and implemented by Zhejiang Catering Industry Association and Zhejiang Consumers Association under the guidance of Zhejiang Economic and Trade Commission and Zhejiang Health Administrative Department.
Chapter II Benchmark Specifications
Article 4
Catering operators shall obtain business qualifications according to law.
Article 5
Restaurant operators shall strictly implement the Food Hygiene Law and the Measures for the Administration of Food Hygiene in Catering Industry, and be equipped with food hygiene management personnel to ensure food hygiene. Do a good job in employee health examination and training.
Article 6
Catering operators shall fulfill the obligations stipulated in the Law on the Protection of Consumers' Rights and Interests and the Measures for the Implementation of Consumer Elimination in Zhejiang Province to protect the legitimate rights and interests of consumers.
Article 7
Restaurant operators should conscientiously implement the "Product Quality Law" and "Measurement Law" to ensure food quality and correct measurement.
Article 8
Restaurant operators should implement the price law and the provisions prohibiting price fraud, so as to clearly mark the price.
Article 9
Catering operators should strictly follow the provisions of the Environmental Protection Law and the Wildlife Protection Law, and take effective measures to prevent and control environmental pollution and harm caused by waste gas, waste water, waste residue, noise and vibration generated in business activities. Shall not engage in the acquisition, processing and sale of wild animals and their finished products prohibited by the state.
Article 10
Restaurant operators should conscientiously implement the accounting law and tax law, strengthen financial management, and pay taxes according to regulations.
Article 11
Catering operators shall protect the legitimate rights and interests of employees in accordance with the relevant provisions of the Labor Law and the Trade Union Law.
Chapter III Code of Business Conduct
Article 12
The business premises, service facilities and employees of catering operators must meet the following hygiene requirements:
(a) to keep the internal and external environment clean and tidy, take measures to eliminate harmful insects such as flies, rats and cockroaches and their breeding conditions, and set up a separate non-flushing toilet more than 20 meters away from pollution sources such as garbage and sewage dumps;
(2) Having corresponding facilities for disinfection, dressing, washing, lighting, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, washing, sewage discharge and garbage and waste storage;
(3) Tableware, drinking utensils and containers for directly edible food must be washed and disinfected before use, and cookware and utensils must be washed and kept clean after use;
(4) Containers, tools and equipment for storing, transporting and loading and unloading food must be safe and harmless, kept clean and prevented from food pollution;
(five) staff should maintain personal hygiene, must wash their hands, wear clean work clothes and hats, and use sales tools when selling food for direct consumption;
(6) The detergents and disinfectants used shall be safe and harmless to human body.
Article 13
The food purchased by catering operators must meet the national hygiene standards and regulations. It is forbidden to buy the following foods:
(1) Food that is toxic, harmful, rotten, deteriorated, moldy, moth-eaten, unclean, mixed with foreign substances, or has other abnormal sensory properties;
(2) Meat food without inspection certificate;
(3) stereotyped packaged foods that have exceeded the shelf life and other foods that do not meet the food labeling requirements;
(4) Food supplied by food producers and business operators without hygiene licenses.
Article 14
Restaurant operators' kitchen and cold dish room business premises, processing personnel and the production of cold dishes must be carried out in strict accordance with the requirements of the national "Food Hygiene Management Measures for Catering Industry". All major foreign affairs activities, large banquets and group meals should have food samples for future reference. In case of collective poisoning, it should immediately report to the health and epidemic prevention department, and keep samples of suspected poisoned food and actively cooperate with the investigation.
Article 15
The food provided by catering operators must conform to the relevant national hygiene standards and regulations, meet the due nutritional requirements and the corresponding sensory properties such as color, aroma and taste. It is forbidden to sell the following foods:
(1) Food that is spoiled, rancid, moldy, insect-infested, unclean, mixed with foreign substances or has other abnormal sensory properties, which may be harmful to human health;
(2) Foods containing or polluting toxic and harmful substances that may be harmful to human health;
(3) Foods containing pathogenic parasites, microorganisms or microbial toxins exceeding the national standards;
(4) Birds, livestock, beasts, aquatic animals, etc. People who died of illness, poisoning or unknown causes, and their products and food;
(5) Food contaminated by unclean or seriously damaged containers or unclean means of transport;
(six) food beyond the shelf life;
(seven) food adulteration, adulteration or forgery, affecting nutrition and hygiene;
(8) Processing non-food raw materials, adding non-food chemicals or treating non-food as food;
(9) Foods containing additives or pesticide residues that have not been approved by the administrative department of public health and exceed the allowable amount stipulated by the state.
Article 16
Food provided by catering operators (especially raw and fierce seafood) must be measured accurately, and improper means shall not be taken to make the food supply short.
Article 17
The food and services provided by catering operators shall be clearly marked, and announced in a conspicuous position, and no unspecified fees shall be charged.
(a) a la carte price list must indicate the name, specification (quantity), unit of measurement and selling price, and seasonal dishes should indicate the selling price of the day;
(two) to provide tea charges, it should be informed in advance and clearly marked;
(3) If additional fees are charged for providing services, consumers shall be informed before providing services;
(four) when accepting a group banquet, a written agreement should be signed with the consumer to clarify the liability for breach of contract. Enterprises can charge a deposit of no more than 20% of the total banquet. Consumers who fail to perform the agreed obligations have no right to demand a refund of the deposit. If the catering enterprise fails to perform the agreed obligations, it shall double the deposit; If consumers are allowed to bring their own drinks, drinks and food to the banquet, the processing service fees and other fees charged to consumers should be agreed by both parties in advance, and the responsibilities of both parties for food safety should be clearly defined in the agreement;
(5) When implementing preferential sales promotion activities, consumers shall not be deceived and misled by false advertisements, and price fraud shall not be conducted;
(6) A list shall be provided at checkout, indicating the name, quantity, unit price and total amount of specific consumption items.
Article 18
Catering operators should provide consumers with a safe consumption environment, and their business premises, service facilities, building decoration and commodity display should meet the requirements of protecting personal and property safety, and warning signs should be set up if there are dangerous factors. If the facilities are imperfect or the operator's fault causes personal and property damage to consumers, the catering operator shall bear civil liability.
Article 19
Restaurant operators do not provide valuables storage services to consumers, and should remind consumers to keep them in a conspicuous position in the store. If it is lost, it should actively assist in handling it.
Article 20
If catering operators provide parking and storage services to consumers, they can reasonably charge parking and storage service fees, issue parking and storage fee certificates, and bear the responsibility for vehicle storage. Anyone who only collects parking fees or provides free parking spaces for consumers, and does not assume the responsibility of vehicle storage, must explain to consumers in advance, and remind consumers to close doors and windows, lock locks and properly keep valuables in the eye-catching place of the parking lot; In case of theft, you should report the case in time and assist in handling it.
Article 21
Restaurant operators who accept reservation services should keep reservation records and arrange tables. If the customer fails to arrive after the agreed meal time, the service personnel should contact him by telephone in time; If the appointment time exceeds half an hour, the enterprise may cancel the reservation service and inform the consumer.
Article 22
Restaurant operators shall not receive the following consumers:
(1) Those who enter the store with items that endanger safety;
(2) those who carry pets;
(3) engaging in illegal activities.
Article 23
The introduction and commitment of employees employed by catering operators to goods or services, as well as the answers to consumers' inquiries and complaints in the process of operating services, are regarded as the business behavior of enterprises.
Article 24
When handling consumer disputes, catering operators should exercise reasonable restraint, not insult consumers, restrict their personal freedom and avoid conflicts with consumers.
Chapter IV Handling of Consumer Disputes
Article 25
Where the food provided by catering operators violates the provisions of Article 9 of the Food Hygiene Law and Article 15 of these Measures, causing personal injury to consumers, they shall bear civil liability according to relevant laws and regulations such as the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and the Measures of Zhejiang Province for the Implementation of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests.
Article 26
The food provided by catering operators violates the provisions of Article 9 of the Food Sanitation Law and Article 15 of these Measures. If consumers have not eaten it, the price of the food involved shall be doubled according to the requirements of consumers. If it does not harm the health of consumers after eating, it shall refund the price of the food involved and make compensation according to the actual situation, and the compensation amount shall not be less than 20% of the total consumption of this table.
Article 27
In violation of the provisions of article sixteenth of these measures, catering operators who provide food in short supply shall pay the food price in double indemnity.
Article 28
If the quality of food provided by catering operators is defective due to work mistakes and has not caused damage to consumers, it shall be replaced or returned according to the requirements of consumers.
Article 29
Catering operators who charge fees in violation of the provisions of Article 17 of these Measures shall refund the corresponding fees; If there is price fraud, double the compensation.
Article 30
In case of disputes between catering operators and consumers, which cause mental damage to consumers, they shall stop the infringement, restore their reputation, apologize, eliminate the influence and pay compensation for mental damage; In any of the following circumstances, compensation for mental damage is more than 5,000 yuan;
(1) Insulting or fabricating facts to slander consumers;
(2) Searching the body or articles carried by consumers;
(3) restricting the personal freedom of consumers;
(4) Causing other serious mental damage to consumers.
Article 31
Consumers who damage the catering facilities and articles of catering operators in the process of consumption shall be liable for compensation.
Article 32
If food quality disputes need to be tested and identified, the cost of testing and identification shall be paid in advance by catering operators, and consumers shall provide equal guarantees, which shall be borne by the responsible party finally. For disputes that are difficult to detect and identify, catering operators should provide evidence to prove that they have no fault, and if they cannot provide no-fault evidence, they should bear the responsibility.
Article 33
When there is a consumption dispute between catering operators and consumers, if the two parties fail to resolve it through consultation, they may request consumers' associations or catering industry associations to mediate, or appeal to relevant administrative departments, or bring arbitration and litigation to consumer dispute arbitration institutions or people's courts.