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Measures for the administration of small food production and processing workshops and food vendors in Henan Province

chapter I general provisions article 1 these measures are formulated in accordance with the food safety law of the people's Republic of China, the regulations for the implementation of the food safety law of the people's Republic of China and other laws and regulations, in combination with the actual situation of this province, in order to strengthen food safety management, ensure public health and life safety, and standardize the production and business operations of small food production and processing workshops and food vendors. Article 2 These Measures shall apply to small food production and processing workshops and food vendors engaged in food production and business activities within the administrative area of this province, and to the supervision and management of small food production and processing workshops and food vendors. Article 3 The term "small workshops for food production and processing" as mentioned in these Measures refers to individual industrial and commercial households that have fixed production and processing sites and engage in food production and processing activities (excluding cash sales).

the food vendors mentioned in these measures include circulation food vendors and catering food vendors. A circulating food vendor refers to an operator who sells prepackaged foods or bulk food at an approved place and within a specified time without a fixed store. Food and beverage vendors refer to operators who sell instant food and provide catering services by cooking in an approved place and within a specified time without a fixed store. Article 4 Small food production and processing workshops and food vendors shall engage in production and operation activities in accordance with laws, regulations and food safety standards, be responsible for the quality and safety of the food they produce and operate, and accept social supervision. Article 5 The people's governments at or above the county level shall uniformly lead and coordinate the food safety supervision and management of small food production and processing workshops and food vendors in their respective administrative areas, and establish and improve the working mechanism of food safety supervision and management in the whole process by organically combining self-discipline, administrative supervision and social supervision of producers and operators; Improve the implementation of the responsibility system for food safety supervision and management, strengthen the capacity building of food safety supervision and management, and provide funds, personnel and other guarantees for food safety supervision and management.

the people's governments at or above the county level and their relevant departments shall safeguard the legitimate rights and interests of small food production and processing workshops and food vendors, and provide financial, tax and credit support, build and transform centralized places and blocks suitable for small food production and processing workshops and food vendors, and build and improve infrastructure and supporting facilities. Article 6 the food safety Committee of the people's government at or above the county level shall perform the following duties:

(1) analyze the food safety situation of small food production and processing workshops and food vendors, study and deploy, and make overall plans to guide the food safety work of small food production and processing workshops and food vendors;

(2) put forward policies and measures for food safety supervision and management of food production and processing workshops and food vendors;

(3) supervise and implement the responsibility of food safety supervision and management of small workshops and food vendors. Article 7 The departments of quality and technical supervision, industry and commerce administration, food and drug supervision and administration, health and other departments at or above the county level shall perform their daily supervision and management duties on small food production and processing workshops and food vendors according to the following provisions:

(1) The quality and technical supervision department is responsible for the supervision and management of food safety in small food production and processing workshops;

(2) The administrative department for industry and commerce is responsible for the supervision and management of food safety of food vendors in circulation;

(3) The food and drug supervision and administration department is responsible for the supervision and administration of food safety of catering food vendors;

(4) The administrative department of health is responsible for food safety risk monitoring and assessment.

the departments of agriculture, commerce, urban management, public security, ethnic groups, animal husbandry, etc. shall, within the scope of their respective duties, do a good job in the supervision and management of food production and processing workshops and food vendors.

the specific responsibilities of food production and processing workshops and food vendors in quality and technical supervision, industry and commerce administration, food and drug supervision and administration, health administration and other departments at or above the county level shall be determined by the people's government at the same level according to these measures and announced to the public. Article 8 The institutions set up by the subordinate departments of the people's governments at higher levels in the administrative regions at lower levels shall, under the unified organization and coordination of the local people's governments, do a good job in the supervision and management of small food production and processing workshops and food vendors according to law.

the food production and business operation entity in front of the store and back of the store shall determine the supervision and management department according to the nature of its main business; If the state has provisions, those provisions shall prevail. Disputes arising from the supervision and management responsibilities of food production and processing workshops and food vendors shall be ruled by the people's government at the same level. Article 9 Township people's governments and sub-district offices shall, in accordance with these Measures and the provisions of the people's governments at higher levels, implement the food safety management responsibilities of food production and processing workshops and food vendors within their respective administrative areas.

village (neighborhood) committees shall assist township people's governments and sub-district offices to carry out food safety publicity, cooperate with relevant food safety supervision and management departments to carry out food safety supervision and inspection, and report food safety hazards in a timely manner. Article 11 All kinds of food industry associations should strengthen industry self-discipline, guide small food production and processing workshops and food vendors to produce and operate according to law, promote the construction of industry integrity, and promote the improvement of food safety level in this industry.

the news media should carry out public propaganda on food safety laws and regulations, food safety standards and knowledge, truthfully and objectively report the food safety situation, strengthen public opinion supervision on violations of food safety laws and regulations, and enhance the public's awareness of food safety and self-protection ability.