At noon and evening on May 5, the reporter visited several restaurants of different grades in Jinan and found that most of them had "No Smoking" signs, but some of them were not obvious enough. You can see smokers in every restaurant. The waiter in a restaurant on Wenhua East Road told the reporter that they knew that smoking was prohibited on May 1 day, but the boss did not inform them that guests were not allowed to smoke, and many private rooms were filled with smoke. A canteen has a smoking area and a non-smoking area, but there is no partition in the middle, and you can still smoke "second-hand smoke" in the non-smoking area. In the lobby of several star-rated hotels on Luoyuan Street, there are cigarette butts in the ashtray on the table in the rest area. A front desk manager told reporters that he had received a verbal notice to discourage smokers, but there were people coming and going in the lobby, so it was impossible to stare at every guest. Compared with catering institutions, smoking bans in hospitals, bookstores, shopping malls, cinemas, railway stations and other indoor places are relatively good.
On May 2, the reporter saw in several big shopping malls and cinemas in Jinan that almost no one smoked indoors, and some smokers would finish smoking at the entrance of the shopping mall before going in; The staff at the cinema ticket office will refuse smoking guests to enter the cinema. At Jinan Railway Station, there are hundreds of passengers in the waiting hall, but there is almost no smell of smoke. Some smokers smoke in "drinking water". According to the staff of the railway station, before the implementation of the detailed rules, the railway station advocated smoking ban and discouraged smokers as one of the work contents of each station staff. However, for the convenience of passengers, a "smoking area" was set up in the "drinking area". After May 1, smoking is not allowed in indoor places, and "smoking places" will be removed. The staff will advise passengers to smoke in the station square, and there is nothing they can do if they don't listen to dissuasion. After all, smoking ban is only a moral constraint, and there is no legislation to prohibit it.
enclose herewith
Detailed rules for the implementation of the regulations on health management in public places
Chapter I General Principles
Article 1 These Detailed Rules are formulated in accordance with the Regulations on Hygiene Management in Public Places.
Article 2 Operators of public places shall, in their business activities, abide by relevant health laws, administrative regulations, departmental rules and relevant health standards and norms, publicize health knowledge in public places, prevent infectious diseases, safeguard public health and provide customers with a good health environment.
Article 3 The Ministry of Health shall be in charge of health supervision and management in public places throughout the country.
The health administrative department of the local people's government at or above the county level shall be responsible for the health supervision and management of public places within its administrative area.
Health supervision and management of frontier ports and entry-exit vehicles shall be implemented by entry-exit inspection and quarantine institutions in accordance with relevant laws and regulations.
The competent health department under the railway department is responsible for the health supervision and management of stations, railway passenger car waiting rooms and public places mainly serving the employees of this system.
Article 4 The health administrative department of the local people's government at or above the county level shall, according to the needs of health supervision and management in public places, establish and improve the health supervision team and health monitoring system in public places, formulate health supervision plans in public places and organize their implementation.
Article 5 Encourage and support industry organizations in public places to carry out industry self-discipline education, guide operators in public places to operate according to law, promote the construction of industry integrity, and publicize and popularize health knowledge in public places.
Article 6 Any unit or individual has the right to report acts in violation of these Provisions. The health administrative department that receives the report shall promptly investigate and deal with it and give a reply in accordance with the regulations.
Chapter II Health Management
Article 7 The legal representative or person in charge of a public place is the first person responsible for the health and safety of its business premises.
Operators of public places shall set up health management departments or be equipped with full-time (part-time) health management personnel to be specifically responsible for health work in public places, and establish and improve health management systems and health management files.
Eighth public health management files should mainly include the following contents:
(a) health management departments, personnel and health management system;
(two) air, microclimate (humidity, temperature, wind speed), water quality, lighting, lighting and noise detection;
(three) cleaning, disinfection, replacement and testing of customer products;
(four) the use, maintenance and inspection of health facilities;
(five) cleaning and disinfection of central air conditioning ventilation system;
(six) to arrange the health examination and training assessment of employees;
(seven) the management of public health supplies receipts;
(eight) emergency plans or programs for health accidents in public places;
(9) Other information required to be recorded by the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.
Health management files in public places should be managed by special personnel, classified and kept for at least two years.
Article 9 Operators of public places shall establish a health training system, organize employees to learn relevant health legal knowledge and health knowledge in public places, and conduct assessment. Those who fail the examination shall not be arranged to take up their posts.
Article 10 Operators of public places shall organize employees to have an annual health check-up, and employees shall not take up their posts until they have obtained valid health certificates.
Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever, viral hepatitis A and viral hepatitis E, as well as persons suffering from active pulmonary tuberculosis, suppurative or exudative skin diseases, shall not engage in the work of directly serving customers before being cured.
Eleventh operators of public places should keep the air circulation in public places, and the indoor air quality should meet the national health standards and requirements.
The use of central air conditioning and ventilation system in public places shall meet the requirements of relevant health norms and regulations of central air conditioning and ventilation system in public places.
Twelfth public places operators to provide customers with drinking water should meet the requirements of the national sanitary standards for drinking water. The water quality of swimming pools (gymnasiums) and public bathrooms shall meet the national hygiene standards and requirements.
Thirteenth lighting, lighting and noise in public places should meet the national health standards and requirements.
Natural light should be used as much as possible in public places. In case of insufficient natural lighting, operators of public places shall be equipped with lighting facilities suitable for the scale of their business premises.
Operators of public places should take measures to reduce noise.
Article 14 Articles and utensils provided by operators in public places to customers for use shall ensure hygiene and safety. Articles and utensils that can be reused shall be replaced by a customer and cleaned, disinfected and cleaned in accordance with relevant hygiene standards and requirements. Reuse of disposable articles and appliances is prohibited.
Fifteenth operators of public places should set up cleaning, disinfection, cleaning and toilets, public toilets and other facilities and equipment according to the scale of operation and projects.
Operators of public places shall establish a maintenance system for sanitary facilities and equipment, regularly inspect sanitary facilities and equipment to ensure their normal operation, and shall not dismantle, transform or use them for other purposes without authorization. Toilets in public places should have separate ventilation and exhaust facilities to keep them clean and odorless.
Article 16 Operators of public places shall be equipped with safe and effective facilities and equipment for preventing and controlling mosquitoes, flies, cockroaches, rats and other vectors, and special facilities and equipment for storing wastes, and ensure the normal use of relevant facilities and equipment, and remove wastes in time.
Article 17 The site selection, design and decoration of public places shall meet the requirements of relevant national standards and norms.
During the interior decoration, public places are not allowed to operate. For local decoration, the operator shall take effective measures to ensure that the indoor air quality in the non-decoration area is qualified.
Article 18 Smoking is prohibited in indoor public places. Operators of public places should set up eye-catching warning signs and no smoking signs.
Smoking areas in outdoor public places shall not be located in the passages that pedestrians must pass through.
No cigarette vending machines shall be set up in public places.
Operators in public places should carry out publicity on the health hazards of smoking, and be equipped with full-time (part-time) staff to discourage smokers.
Article 19 Operators of public places shall, in accordance with the requirements of hygiene standards and norms, carry out hygiene inspection on the air, microclimate, water quality, lighting, noise and customers' articles and appliances in public places, and the inspection shall be no less than 1 time every year; If the test results do not meet the requirements of health standards and norms, it shall be rectified in time.
Operators in public places do not have the ability to detect, and may entrust testing.
Operators of public places shall truthfully publicize the test results in a prominent position.
Twentieth operators of public places should formulate emergency plans or programs for public places health accidents, regularly check the implementation of various health systems and measures in public places, and eliminate hidden dangers endangering public health in a timely manner.
Twenty-first public places * * * health accidents, operators should immediately deal with, to prevent the spread of harm, and promptly report to the health administrative department of the people's government at the county level.
No unit or individual may conceal, delay reporting or make a false report on accidents that endanger health, or instruct others to conceal, delay reporting or make a false report.
Chapter III Health Supervision
Article 22 The State shall administer hygiene licenses in public places.
Operators of public places shall, in accordance with the provisions, apply to the health administrative department of the local people's government at or above the county level for a health permit. Those who have not obtained the hygiene license shall not operate.
The specific scope of health supervision in public places shall be announced by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-third operators in public places shall submit the following materials when applying for a health permit:
(1) An application form for hygiene license;
(two) the identity certificate of the legal representative or person in charge;
(three) the schematic diagram, plan and layout of the address of public places;
(four) health inspection or evaluation report in public places;
(5) Health management system in public places;
(6) Other materials required by the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.
If the central air conditioning and ventilation system is used, the sanitary inspection or evaluation report of the central air conditioning and ventilation system shall also be provided.
Article 24 The administrative department of public health of the local people's government at or above the county level shall, within 20 days from the date of accepting the application for public place hygiene license, review the application materials and conduct on-site audit, and make a decision to approve the public place hygiene license if it meets the prescribed conditions; Do not meet the prescribed conditions, make a decision not to grant administrative license and explain the reasons in writing.
Twenty-fifth public places hygiene license shall specify the number, name of the unit, legal representative or person in charge, business project, address of business premises, issuing authority, issuing time and validity period.
The validity period of the Public Hygiene Permit is 4 years, and it is reviewed every 2 years 1 time.
Health permits in public places shall be publicized in a prominent position in the business premises.
Twenty-sixth new construction, renovation and expansion of public places shall conform to the relevant health standards and requirements, and operators shall go through the formalities of preventive health inspection in accordance with the relevant provisions.
The procedures and specific requirements for preventive health examination shall be formulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-seventh operators of public places to change the name of the unit, the legal representative or the person in charge, should go through the formalities of change to the original license issuing administrative department of health.
Operators of public places who change the address of business projects or business premises shall apply to the health administrative department of the local people's government at or above the county level for a new health license.
Operators of public places who need to renew their health licenses shall apply to the original health administrative department 30 days before the expiration of the health license.
Article 28 The health administrative department of the people's government at or above the county level shall organize the monitoring and analysis of health hazards in public places, so as to provide scientific basis for the formulation of laws and regulations, health standards and the implementation of supervision and management.
Disease prevention and control institutions at or above the county level shall undertake the task of monitoring health hazards in public places issued by the health administrative department.
Twenty-ninth health administrative departments of local people's governments at or above the county level shall implement quantitative and hierarchical management of health supervision in public places, promote their own health management and enhance the transparency of health supervision information.
Thirtieth health administrative departments of local people's governments at or above the county level shall, according to the results of quantitative assessment of health supervision, determine the health reputation level and the frequency of daily supervision in public places.
The health credit rating of public places should be publicized in a prominent position in public places.
Article 31 The health administrative department of the local people's government at or above the county level shall, in conducting supervision and inspection of public places, adopt methods such as on-site health monitoring, sampling, consulting and copying documents and asking questions in accordance with relevant health standards and requirements, and the relevant units and individuals shall not refuse or conceal them.
Thirty-second health administrative departments of the people's governments at or above the county level shall strengthen health supervision and sampling in public places, and announce the sampling results to the public.
Article 33 The health administrative department of the local people's government at or above the county level may take temporary control measures such as closing the place and sealing related articles in public places where health accidents occur.
Sites and articles found to be contaminated after inspection shall be disinfected or destroyed; The control measures shall be lifted for unpolluted places and articles or articles that can be used after disinfection.
Thirty-fourth technical service institutions that carry out sanitary inspection, testing and evaluation in public places shall have corresponding professional and technical capabilities, carry out their work in accordance with the requirements of relevant sanitary standards and norms, and shall not issue false inspection, testing and evaluation reports.
The professional and technical capabilities of technical service institutions shall be assessed by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Chapter IV Legal Liability
Article 35 Whoever engages in business without obtaining the hygiene license for public places according to law shall be ordered by the health administrative department of the local people's government at or above the county level to make corrections within a time limit, given a warning and fined not less than 5,000 yuan in 500 yuan; In any of the following circumstances, a fine of 5000 yuan or more and 30 thousand yuan or less shall be imposed:
(a) unauthorized operation is punished by the administrative department of health;
(two) unauthorized business hours for more than 3 months;
(3) Altering, transferring, reselling or forging the hygiene license without authorization.
Altering, transferring or reselling a valid health license shall be cancelled by the health administrative department that originally issued the license.
Thirty-sixth operators of public places in any of the following circumstances, by the health administrative department of the local people's government at or above the county level shall be ordered to make corrections within a time limit, given a warning, and may be fined up to 2000 yuan; If no correction is made within the time limit, resulting in the hygiene quality of public places not meeting the hygiene standards and requirements, a fine of more than 2,000 yuan and less than 20,000 yuan shall be imposed; If the circumstances are serious, it may be ordered to suspend business for rectification according to law until the hygiene license is revoked:
(1) failing to carry out sanitary inspection on the air, microclimate, water quality, lighting, lighting, noise, consumer goods and appliances in public places in accordance with regulations;
(2) Failing to clean, disinfect or clean the articles and appliances of customers, or reusing disposable articles and appliances.
Thirty-seventh operators of public places in any of the following circumstances, the health administrative department of the local people's government at or above the county level shall be ordered to make corrections within a time limit; If it fails to do so within the time limit, it shall be given a warning and fined 1000 yuan or more and 10000 yuan or less; Those who refuse to supervise shall be fined 6,543,800 yuan and 30,000 yuan; If the circumstances are serious, it may be ordered to suspend business for rectification according to law until the hygiene license is revoked:
(1) Failing to establish a health management system, set up a health management department or equip full-time (part-time) health management personnel, or failing to establish a health management file;
(2) failing to organize employees to receive training on relevant health legal knowledge and health knowledge in public places, or arranging employees who have not received training and assessment on relevant health legal knowledge and health knowledge in public places to take up their posts;
(3) Failing to install cleaning, disinfection, cleaning, toilets and other facilities and equipment suitable for its business scale and project, or stopping using or dismantling the above facilities and equipment without authorization, or using them for other purposes;
(4) Failing to provide facilities and equipment for preventing and controlling vectors such as rats, mosquitoes, flies and cockroaches, and special facilities and equipment for waste storage, or stopping using or dismantling facilities and equipment for preventing and controlling vectors such as rats, mosquitoes, flies and cockroaches without authorization;
(five) failing to obtain the inspection certificate of public health products and other relevant materials in accordance with the provisions;
(six) the new construction, renovation and expansion projects in public places have not gone through the preventive health inspection procedures in accordance with the regulations;
(seven) the central air conditioning ventilation system in public places has not been put into use without health inspection or unqualified evaluation;
(eight) failing to publicize the health permit, health test results and health credit rating in public places in accordance with the provisions;
(nine) failing to go through the examination procedures for the hygiene license in public places.
Article 38 Where a public place operator arranges employees who have not obtained valid health certificates to directly serve customers, the health administrative department of the local people's government at or above the county level shall order them to make corrections within a time limit, give them a warning and impose a fine ranging from 500 yuan to 5,000 yuan; If no correction is made within the time limit, a fine of more than 5,000 yuan10.5 million yuan shall be imposed.
Article 39 Where operators in public places fail to take timely measures for accidents that endanger health, resulting in the expansion of the hazards, or conceal, delay reporting or make false reports, the health administrative department of the local people's government at or above the county level shall impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; If the circumstances are serious, it may be ordered to suspend business for rectification according to law until the health permit is revoked. If a crime is constituted, criminal responsibility shall be investigated according to law.
Fortieth operators in public places who violate other health laws and administrative regulations and should be given administrative punishment shall be punished in accordance with the relevant health laws and administrative regulations.
Article 41 If the health administrative department of the people's government at or above the county level and its staff neglect their duties, abuse their powers or accept bribes, the relevant departments shall give administrative sanctions to the person in charge of the unit, the directly responsible person in charge and other responsible personnel according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 42 The meanings of the following terms in these Rules:
Central air conditioning and ventilation system refers to the sum total of all equipment, pipes, accessories and instruments for centralized treatment, transportation and distribution of air in order to make the air temperature, humidity, cleanliness and airflow speed in indoor or enclosed space meet the set requirements.
Hygienic accidents in public places refer to the epidemic situation of infectious diseases in public places or accidents that endanger public health because the air quality and water quality do not meet the hygiene standards, and articles, appliances or facilities are polluted.
Article 43 These Detailed Rules shall be implemented as of May 20 1 year 1 day. The Detailed Rules for the Implementation of the Regulations on Hygiene Management in Public Places issued by the Ministry of Health on March 199 1 day shall be abolished at the same time.
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