Article 1 In order to standardize the food safety licensing and supervision of catering services and protect the legitimate rights and interests of citizens, legal persons and other organizations, this Code is formulated in accordance with the Food Safety Law, the Regulations for the Implementation of the Food Safety Law, the Measures for the Administration of Catering Service Licensing and the Measures for the Supervision and Administration of Catering Service Food Safety. Article 2 The documents stipulated in this Code are applicable to administrative law enforcement activities such as catering service license, food safety supervision and inspection of catering service, sampling inspection and administrative punishment. Article 3 The formats of various documents determined in this Code shall be uniformly formulated by the US Food and Drug Administration. In addition to the document format specified in this specification, the provincial food and drug supervision and administration department may add corresponding documents according to the needs of the work and report them to the State Food and Drug Administration for the record.

Chapter II Types of Documents

Article 4 The application for catering service license is a document that the applicant needs to fill in when applying for catering service license to the food and drug supervision and administration department. Article 5 The receipt of application materials for catering service license is a voucher to register the qualifications of the applicant who applies for administrative license to the administrative organ, and to specify the identity of the applicant, the application content and the information to be provided. Article 6 The Notice of Supplementary Materials for Catering Service License Application is a document that requires the applicant to make corrections to the application materials that are incomplete or do not conform to the statutory form. Seventh catering service license application acceptance decision, is used to make a decision to accept the catering service license application. Eighth "catering service license application inadmissible decision" is the document to make a decision on the inadmissibility of catering service license application. Article 9 The Record of On-site Inspection of Catering Service License is a document used to record the on-site inspection process and the specific situation of non-conformities in the Standards for Examination of Catering Service License and the On-site Checklist of Catering Service License when conducting on-site inspection of the catering service license items applied by the applicant. Article 10 The notice of extension of catering service license is used for the decision of extension of catering service license. Article 11 The decision not to grant the catering service license is the document that makes the decision not to grant the administrative license. Twelfth not to change the catering service license decision, used to make a decision not to change the catering service license. Thirteenth not to renew the catering service license decision, used to make a decision not to renew the catering service license. Article 14 The decision to revoke the catering service license is a document that makes a decision to revoke the catering service license according to the provisions of Article 69 of the Administrative Licensing Law. Fifteenth cancellation of the "catering service license" decision, is used to make a decision to cancel the administrative license. Article 16 The Application for Cancellation of Catering Service License is a document that the applicant voluntarily applies for cancellation of the administrative license obtained according to Item (4) of Article 25 of the Measures for the Administration of Catering Service License. Article 17 The Approval Form for Catering Service License is a document used to sign the examination opinions, notice of extension of catering service license, decision not to grant catering service license, decision not to change catering service license, decision not to extend catering service license and decision not to cancel catering service license. Article 18 The case acceptance record is the evidence that the food and drug supervision and administration department handles the acceptance procedures for cases discovered by inspection, complaints and reports from consumers, cases assigned by the food and drug supervision and administration department at a higher level, cases assigned by the food and drug supervision and administration department at a lower level and cases transferred by relevant departments according to the prescribed authority and procedures. When handling opinions, it shall specify the specific handling suggestions put forward by the case handlers, such as whether the case needs further verification, the specific undertaking department, the person in charge of the undertaking, etc. The opinion of the person in charge is the instruction of the relevant leaders to deal with the opinions. Nineteenth filing report is a written report submitted by the food and drug supervision department to the relevant leaders after preliminary verification of the accepted cases and confirmation of the existence of illegal facts, which belong to the jurisdiction of the department and need to be filed for investigation. 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 put forward item by item and briefly explained. At the same time, it is necessary to indicate the specific laws and regulations violated by the parties. The approval opinion of the person in charge is the instruction of the person in charge to investigate and deal with the case. If the case is approved, the contractor shall be determined. Article 20 On-site inspection records refer to the records of on-site inspections and inspections conducted by the food and drug supervision and management departments in the course of daily food safety supervision and inspection or case investigation. Inspection time shall specify the start and end time of on-site inspection. The specific location and location of the inspection site should be clearly written. The record of the inquest shall accurately and objectively record the on-site inquest, inspection or relevant information concerning the facts of the case. Article 21 A regulatory opinion is a directive or directive document issued by the food and drug supervision and administration department to the inspected catering service providers. The supervision column should put forward suggestions for improvement in view of the problems found, so that the operation of catering service providers can meet the food safety standards or related requirements. Twenty-second notice is ordered to correct the illegal facts of the parties, but the circumstances are minor, and there is no need to give administrative punishment to correct the documents within a time limit. The notice of ordering correction shall specify the illegal facts of the parties, the specific opinions of ordering correction, the time limit for correction and the legal basis. The stub of the Notice of Ordering Correction shall be filled in by law enforcement officers. The number of the rectification notice shall be consistent with the number of the stub of the rectification notice. Article 23 The record of inquiry refers to the record of inquiry made by the food and drug supervision and administration department to the parties, witnesses or other people being questioned in order to find out the facts of the case and collect evidence. The basic information shall record the name, gender, age, nationality, work unit, position, ID number, address (contact address) and the relationship with the investigated object. The time of inquiry shall specify the starting and ending time of inquiry. Specific query locations should be specified. The contents of the inquiry shall record all the information related to the case provided by the interviewee, including the time, place, course of facts, causality and consequences of the case. Twenty-fourth on-the-spot administrative punishment decision is a document that the food and drug supervision and management department makes an administrative punishment decision on the spot according to law on illegal cases with simple case, clear illegal facts and conclusive evidence. If the person being punished is a unit, the full name of the unit shall be filled in, and the full name of the unit is the personal name. At the same time, the address of the person to be punished should also be stated. The written decision on administrative punishment shall specify the verified illegal facts, relevant evidence, legal provisions violated, the basis of administrative punishment and the contents of the decision on administrative punishment, and inform the way, method and time limit of reconsideration and litigation. Twenty-fifth non-product sample sampling records are written records for the identification and inspection of non-product samples collected from relevant places. The sampling record of non-product samples shall indicate the name of the catering service provider, sampling location, sampling method, sampling time, sampling purpose, the name of equipment or instrument used, and the name and quantity of samples collected. Should objectively describe the situation of the corresponding sampled items or places. Article 26 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 indicate the name, sampling address, sampling method, sampling time, sampling purpose and the number of products in the same batch. The basic information of the sample shall indicate the sample name, specification, quantity, packaging or storage conditions, production date or batch number, the indicated production or import institution, and the specific place where the sample was collected. Article 27 The notice of product sample confirmation is a written notice marked with labels sent by the food and drug supervision and administration department to the production or import agency to confirm the true production or import agency of the sample after collecting the sample from the catering service provider. If it is difficult for the above-mentioned units to confirm or contact, the catering service provider may be required to serve this notice. The product sample confirmation notice shall indicate the basic information of the sample in turn: the sampling date, the name and address of the sampled catering service provider, the name of the sample, the production or import institution marked by the sample, the production date or batch number, the trademark, specifications, packaging or storage conditions, relevant basis, etc. It shall also inform the parties of the time and place of confirmation, the contact information of the food and drug supervision department and the contact person after confirmation. Article 28 The decision on the advance registration and preservation of evidence is a document that the food and drug supervision and administration department requires the parties to preserve after registering the evidence that needs to be preserved. The decision on the advance registration and preservation of evidence shall specify the way, time limit, place and relevant contents of evidence preservation. Article 29 The decision on the advance registration and preservation of evidence is the document that the food and drug supervision and administration department makes the decision on the preservation of evidence within the prescribed time limit. The decision on the advance registration and preservation of evidence shall specify the full name of the parties, the time when the decision on preservation was made, the document number and the specific handling decision. Thirtieth "sealed up (detained) goods approval form" is an internal review document produced by the food and drug supervision and management department. "Examination and Approval Form for Seizure (Seizure) of Articles" shall specify whether to seal up or detain, the undertaker shall put forward the main case, the reasons for sealing up or detaining, and the person in charge of the department and the person in charge of the unit shall put forward audit opinions. Article 31 The decision to seal up (detain) articles is a document that the food and drug supervision and administration department takes compulsory sealing up or detaining measures against the food, illegal food raw materials, food additives, food-related products and tools and equipment used for illegal operation or pollution. The decision to seal up (detain) articles shall specify the full name of the parties, legal representative (person in charge), address, telephone number, illegal acts, relevant provisions suspected of violating, etc. The name, specification, quantity, packaging condition or storage condition of the sealed-up or detained articles shall be clearly stated. Article 32 The decision on the handling of sealed-up (detained) articles is a decision made by the food and drug supervision and administration department on the handling of sealed-up (detained) articles. The written decision on the disposal of sealed-up (seizure) articles shall specify the name of the party concerned, the document number of the sealed-up (seizure) decision and the date of making the decision. Article 33 A seal is a tool for the food and drug supervision and management department to temporarily stop using, prohibit the sale, transfer, damage or conceal catering service places and articles for investigation and evidence collection, evidence preservation or prevention of further harm. The seal shall indicate the date and time limit of sealing, and affix the official seal. Article 34 The Power of Attorney for Technical Appraisal is a document that the food and drug supervision and administration department entrusts technical institutions to conduct special appraisal and inspection on relevant issues according to law. The technical appraisal power of attorney is equivalent to the entrustment contract, and the entrusted matters refer to the matters that need to be appraised and inspected. Article 35 Notification of inspection results is a document that informs interested parties of inspection results in accordance with relevant regulations. The notice of inspection results shall specify the name, legal basis and time limit for applying for reexamination of the products or other substances under inspection. Thirty-sixth case collegiate record is a document that the food and drug supervision and management department organizes relevant personnel to make a comprehensive analysis of the case after investigating the case requiring administrative punishment. The record of collegiate bench of a case shall specify the cause of action, the collegiate bench chairman, the participants, the collegiate bench time, the collegiate bench place and other contents. The collegial record of a case shall include: illegal facts, relevant evidence, punishment basis and collegial suggestions. The different opinions of the collegial panel shall be truthfully recorded. After the collegiate bench, all participants should sign and date each page of the collegiate bench record. Thirty-seventh advance notice of administrative punishment is a document that the food and drug supervision and management department informs the parties of the facts, reasons and basis for the decision of administrative punishment and the rights that the parties should enjoy according to law before making the decision of administrative punishment. The advance notice of administrative punishment shall inform the parties of the illegal facts, reasons and basis of punishment, and the parties have the right to make statements and defenses, and shall provide opinions in the column of statements and defenses of the parties. Article 38 The record of statements and defenses is a document that the food and drug supervision and administration department records the facts, requirements and reasons of the statements and defenses of the parties, as well as the statements and defenses. If a party entrusts an agent, it shall specify the name, gender, position, ID number and work unit of the entrusted agent. The entrusted agent shall issue a power of attorney from the parties. The record of statements and arguments shall specify the place and time of statements and arguments. Record the exact words of the statement as much as possible. If you can't remember the original words clearly, you should truly express the respondent's original intention. Thirty-ninth hearing notice is a document that the food and drug supervision and administration department informs the parties that they have the right to request a hearing before making a decision on administrative punishment in a major administrative punishment case that applies the hearing procedure. The notice of hearing shall specify the illegal acts of the parties concerned, the legal provisions violated, the legal basis for making the decision on administrative punishment, the type and extent of administrative punishment, the address, postal code, telephone number and contact person of the hearing organ, etc. If the party concerned waives the right to hearing, it shall require the party concerned to indicate "waiver of the right to hearing" and other contents on the "receipt of the party concerned". Article 40 A notice of hearing is a written notice issued to the parties when the food and drug supervision and administration department decides to hold a hearing at their request. The notice of hearing shall specify the time and place of the hearing, the way of hearing, the members of the hearing, the right to apply for withdrawal, the contact information of the hearing organ, etc. Forty-first hearing transcripts are documents that the food and drug supervision and administration department records the hearing process and contents. If a party entrusts an agent, it shall specify the name, gender, position, ID number and work unit of the agent. The entrusted agent shall issue a power of attorney from the parties. The record of the hearing shall specify the case undertaker, the hearing officer, the presiding hearer, the clerk, the hearing method, the hearing place, the hearing time, the cause of action, the facts and evidence put forward by the case undertaker, and the statements and defenses of the parties. All participants in the hearing shall sign and date each page of the transcript. Forty-second hearing opinions refer to the formal written report made by the food and drug supervision and administration department to the person in charge of the department or the relevant department on the hearing situation and the opinions of the hearing personnel on the case after the hearing. The statements of the parties and the case undertaker should grasp the main points and summarize them. The opinions of the hearing personnel are the opinions on whether the illegal facts identified by the case undertaker are clear, whether the evidence is conclusive and whether the applicable law is correct. The opinion of the person in charge is the specific explanation of the opinions of the person in charge of the food and drug supervision and management department to the hearing personnel, but it can also be the opinion of the person in charge of the authorized relevant competent department (department or room). Forty-third case investigation report is a formal report made by the undertaker to the leaders or relevant departments in written form 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. Undertaking agency refers to the department that mainly handles cases. The undertaker refers to the law enforcement personnel responsible for handling cases. Cases and illegal facts shall be concise and to the point, and the course, result and legal provisions violated in the case shall be clearly written. The relevant evidence shall list all the verified evidence related to the case. The main points of dispute shall specify the different views of the parties and the undertaker on the facts of the case and the different opinions of the undertaker on the case. If there is no dispute, write "None". Handling suggestions, after investigation, cases where illegal facts do not exist at the time of filing, or cases where the circumstances are minor and can be exempted from administrative punishment, shall be clearly stated, including suggestions for ending the investigation and closing the case. For cases requiring administrative punishment, the type, scope and legal basis of the administrative punishment to be made shall be clearly defined. The opinions of the person in charge shall indicate whether the person in charge of the undertaking department agrees with the opinions of the undertaker, and shall put forward specific opinions on cases that need collegiate bench. Article 44 The collective discussion record of major cases is a document filled out by the person in charge of the food and drug supervision and administration department when the circumstances are complicated or major illegal acts should be given heavier administrative punishment. The document requires that the names, positions, important opinions and decision-making opinions in the discussion process of the participants and those attending the meeting should be clearly stated, and signed by the host and the participants. Article 45 The examination and approval form for administrative punishment is a document that the person in charge of the food and drug supervision and administration department examines the investigation results of the case and the administrative punishment opinions to be made before making administrative punishment, and signs the examination and approval opinions. It is a necessary procedure for making a decision on administrative punishment. Its contents include: the cause of action, the general situation of the parties, the main illegal facts, evidence, punishment basis and suggestions, the review opinions of the person in charge of the department (office) and the approval opinions of the person in charge of the food and drug supervision and management department. The date of approval by the person in charge of the food and drug supervision and administration department is the date when the food and drug supervision and administration department makes the decision on administrative punishment. Article 46 The written decision on administrative punishment is a document that the food and drug supervision and administration department makes an administrative punishment decision in accordance with the law on cases of food safety violations in catering services with clear facts and conclusive evidence. The person to be punished is the full name of the unit and the personal name. At the same time, the address of the person to be punished should also be stated. The written decision on administrative punishment shall specify the verified illegal facts, relevant evidence, legal provisions violated, the basis of administrative punishment and the contents of the decision on administrative punishment, and inform the payer, address and time limit, and the way, method and time limit of reconsideration and litigation. Article 47 The service receipt is the confirmation certificate for the food and drug supervision and administration department to sign the Administrative Law Enforcement Document on Food Safety in Catering Services. The delivery receipt can be delivered directly, by mail or by lien. The service receipt shall specify the addressee, mode of service, service organ, name and document number of the service document, service place, signatory and other contents. If the party refuses to sign for it and adopts the method of lien service, it shall explain the relevant situation in the remarks column and invite the witness to sign and date it. Article 48 The approval form for the disposal of confiscated goods is a document submitted by the undertaker to the person in charge of the department (department or office) for review and approval by the competent leader before the disposal of confiscated goods. The main contents shall include the name of the party concerned, the name of the confiscated goods, the time of confiscation, the quantity, specifications, the equivalent amount, the legal basis for the disposal of confiscated goods, the decision number of administrative punishment on which the confiscated goods are based, the suggestions for the disposal of confiscated goods, the signature of the person in charge, and the examination and approval opinions of the competent leaders. All contents should be filled in the corresponding horizontal lines or blanks. Article 49 The list of articles refers to the registration list of articles used for registering and preserving evidence, seizing (sealing up) articles and confiscating articles in advance in administrative punishment. This document should be attached to the back of the main document, with the document number indicated on the front page, and signed by the parties and the case undertaker. Article 50 The application for compulsory execution of administrative punishment is a document that the food and drug supervision and administration department applies to the people's court for compulsory execution when the party concerned fails to perform the punishment decision made in the administrative punishment decision within the time limit. The reasons for application shall briefly explain the illegal facts of the punished party and the types and extent of administrative punishment, and can be filled in according to the illegal facts recorded in the administrative punishment decision and the punishment decision, which proves that the punished party did commit illegal acts at the time of punishment, and shall be given administrative punishment according to the illegal facts. The application reason column shall fill in the document number of the administrative penalty decision or the number of the administrative penalty decision on the spot. Article 51 The closing report is a document submitted by the food and drug supervision and administration department to the person in charge for approval to close the case after the administrative punishment decision is fulfilled or executed. The closing report shall fill in the contents of the parties, the source of the case, the date of filing the case and the cause of action. , and shall specify the document number, execution mode, execution date and execution result of the administrative penalty decision. No administrative punishment, it shall explain the reasons. Article 52 The case transfer approval form is an internal document prepared by the food and drug supervision and administration department when it is ready to transfer the case to other administrative organs or judicial organs with the right to handle it and report it to the person in charge of the administrative organ for approval. The case transfer approval form shall specify the cause of action, the source of the case, the name of the party, the contact address of the party, the receiving unit, the brief introduction of the case and the reasons for the transfer, and the opinions of the person in charge of the department and the person in charge of the administrative organ. Fifty-third case transfer documents refer to documents that transfer cases that are not under the jurisdiction of this department to relevant units or departments for handling. The case transfer letter shall specify the time of acceptance, the cause of action, the reasons for transfer and the legal basis for transfer. At the time of transfer, the case materials shall be transferred together. Article 54. The decision to withdraw the case is a document that is submitted to the person in charge of the food and drug supervision department for approval to withdraw the case after the case of administrative punishment is filed and it is confirmed that there are no illegal facts or administrative punishment after investigation. The decision to withdraw the case shall specify the cause of action, the parties, the legal representative (person in charge), address, contact information, the source of the case, the time of filing the case, the summary of the case investigation, the reasons for withdrawing the case, the signature of the undertaker, the person in charge of the department, and the opinions of the person in charge of the administrative organ.

Chapter III Production Requirements

Fifty-fifth documents should be complete, accurate and standardized, and meet the relevant requirements. The name of the food and drug supervision and administration department in the document shall be the full name of the organ. The document number is in the form of (year)+serial number, such as (20 10) No.000 1. Fifty-sixth documents should be filled in with blue or black ink pen or signature pen in accordance with the prescribed format to ensure clear handwriting, standardized writing and neat pages. The file column should be filled in item by item. Fill in should be concise, complete and accurate. The signature and date must be clear and correct. Conditional food and drug supervision and management departments can print in accordance with the prescribed format. Article 57 How to fill in the * * column in various documents: If the document itself contains the item of "party", it shall be filled in the following ways: if it is a legal person or other organization, 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 a natural person, it shall fill in the name, gender, age, nationality, address, ID number, contact telephone number and other contents. If the first page of the document is not enough, it can be recorded on the next page, but both the first page and the next page should be signed and dated by the parties. The cause of action is written as the name of the party+specific illegal act+case, such as the case of XX restaurant selling food beyond the shelf life. If there is a "party" item in the document itself, the content about the party may be omitted when writing the cause of action. Fifty-eighth foreign service documents, set up a receipt column, direct delivery, it should be directly signed by the parties. If it is not set up or cannot be directly served on the parties, a service receipt shall generally be made and used alone, and the service receipt shall be signed by the addressee. Article 59 The interrogation record shall be specific and detailed. If it involves key facts and important clues of the case, the original information shall be recorded. Don't use speculative words to avoid ambiguity. The description and record of the other party's position, state and degree should be orderly, accurate and clear. Sixtieth on-site transcripts, on-site inspection transcripts, inquiry transcripts, statements and defense transcripts, hearing transcripts and other documents. , it shall be submitted to the relevant parties for review or read to them on the spot, and signed by the parties for confirmation. Article 61 If a party thinks that there are omissions or errors in the record, it shall propose additions and amendments on the spot, and confirm them by fingerprinting or signing. If a document for external use needs to be revised, it shall be stamped with a proofreading seal at the revised place, or signed or sealed by the other party. If the parties believe that the contents recorded in the on-site inspection record and the inquiry record are true and correct, they shall indicate "the above records are true" on the record and sign it.

Chapter IV Supplementary Provisions

Sixty-second food and drug supervision and management departments at all levels should strengthen the management of administrative law enforcement documents on food safety in catering services, formulate corresponding management systems, and implement special personnel management. For documents with stubs, the stubs should be properly kept for easy inquiry. Sixty-third cases formed in the investigation of food safety violations in catering services shall be bound and filed in the form of "one case and one volume". Binding should be neatly arranged according to the relevant provisions, and the storage period and method should comply with the relevant provisions of file management. Article 64 These Standards shall come into force as of the date of promulgation.

Food service, food safety supervision and law enforcement documents

Directory 1. Application for catering service license. 3 copies of receipt of application materials for catering service license. Notice of supplementary materials for catering service license application 4. Decision on acceptance of catering service license application. Decision on the inadmissibility of the application for catering service license. 7 on-site inspection records of catering service license. Notice on extension of catering service license. Decision not to grant permission for catering services. Decision not to change the catering service license 65 438+00. Decision not to renew the catering service license 1 1. Decision on revoking the catering service license 12. Decision on revoking the catering service license 13. Application for cancellation of catering service license 14. Approval Form for Catering Service License 14. 38+07. On-site inspection record 18. Supervision opinion 19. Notice of ordering correction. Query record 2 1. Decision on administrative punishment on the spot 22. Sampling records of non-product samples 23. Sampling records of product samples. Product sample confirmation notice. The decision to register and preserve evidence in advance. The decision to register and preserve evidence in advance. Seal it off. Article 28 Approval Form. Decision on sealing up (detaining) Article 29. Thirtieth decision on the handling of sealed (detained) articles. Seal 3 1. Power of attorney for technical appraisal. Notice of inspection results. Collegiate case record 34. Advance notice of administrative punishment. Statement and defense record 36. Notice of hearing. Notice of hearing. Hearing record. Listen to opinions. Report 4 1. Record of collective discussion on major cases. Approval form for administrative punishment. Decision on administrative punishment. Delivery receipt. Approval form for disposal of confiscated goods. Cargo list. Application form for the implementation of administrative punishment. Closing report 49. Case transfer approval form 50. Decision on case transfer 5 1. Revocation decision [1]