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New takeaway rules
Legal analysis: The method clarifies the principle of "consistency between online and offline". The Measures stipulate that catering food sold online should be consistent with the quality and safety of catering food sold in physical stores. The local food and drug supervision and administration department at or above the county level shall notify the third-party platform providers of online catering services to investigate and deal with serious violations, and demand them to immediately stop providing online trading platform services to online catering service providers. The "Measures" stipulate that third-party platform providers of online catering services need to fulfill the obligations of establishing food safety-related systems, setting up special food safety management institutions, providing full-time food safety management personnel, reviewing and registering the license information of online catering service providers, truthfully recording the order information of online ordering, and conducting spot checks and monitoring on the business behavior of online catering service providers; Catering service providers need to fulfill the obligations of publicizing information, formulating and implementing raw material control, strictly controlling the processing process, and regularly maintaining facilities and equipment. The method also puts forward requirements for food delivery personnel and food delivery process. The method proposes that food distribution personnel should maintain personal hygiene and use safe and harmless distribution containers to ensure that food is not contaminated during distribution. Food delivery units should strengthen the training and management of food delivery personnel. Where food with special requirements such as preservation, heat preservation, refrigeration or freezing is distributed, preservation and distribution measures that can ensure food safety shall be taken.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 465 A lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 466 If the parties have disputes over the understanding of the terms of the contract, they shall determine the meaning of the disputed terms in accordance with the provisions of the first paragraph of Article 142 of this Law. Where a contract text is concluded in two or more languages, and the agreement is equally authentic, the words used in each text shall have the same meaning. If the words and expressions used in each text are inconsistent, they shall be interpreted according to the relevant terms, nature, purpose and principle of good faith of the contract.

Article 467 The provisions of the General Provisions of this Part shall apply to contracts not expressly provided for in this Law or other laws, and reference may be made to the most similar contracts or other laws in this part. Chinese-foreign joint venture contracts, Chinese-foreign cooperative operation contracts and Chinese-foreign cooperative exploration and development contracts in People's Republic of China (PRC) shall be governed by the laws of People's Republic of China (PRC).

Article 468 The legal provisions concerning the creditor-debtor relationship shall apply to the creditor-debtor relationship not arising from the contract; Where there are no provisions, the relevant provisions of these General Rules shall apply, except those that cannot be applied according to their nature.

Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.