The promulgation of the "Regulations" is of great significance to the management of food safety. First of all, it stipulates the business scope of small food workshops and food vendors.
The "Regulations" clarified the access registration of small workshops and the filing system of vendors. In fact, as early as last year, Nantong Food and Drug Administration took the rectification of bean products as a breakthrough and took the lead in implementing the registration and filing system for small food workshops. In the second half of last year, when the development zone was satisfied with the bean products processing department, it received the first "temporary registration certificate for small workshops" in the zone.
According to statistics, there are more than 2,700 small food workshops in Nantong, with more than 10,000 employees. As food vendors have no fixed places, there is no data at present.
Regulations of Hebei Province on the Administration of Small Food Workshops and Food Vendors
Adopted at the 20th meeting of the Standing Committee of the 12th People's Congress of Hebei Province on March 29th.
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Food Safety Law of the People's Republic of China and other relevant laws and administrative regulations, combined with the actual situation of this province, in order to standardize the production and business operations of small food workshops, restaurants and stalls, strengthen food safety management, and ensure public health and life safety.
Article 2 These Regulations shall apply to the production, operation, supervision and management activities of small food workshops, restaurants, stalls and other small-scale food producers and operators within the administrative area of this province.
Article 3 The term "small food workshops" as mentioned in these Regulations refers to individual operators who have fixed production and processing sites, simple production conditions, small business scale and few employees and engage in food production and processing activities.
The term "small catering" as mentioned in these Regulations refers to individual operators who have fixed stores, simple conditions and few employees and are engaged in catering services.
The term "food stalls" as mentioned in these Regulations (hereinafter referred to as "small stalls") refers to individual operators who engage in food sales or on-site production and sale of food without fixed business premises or in relatively fixed areas.
Article 4 The people's governments at or above the county level shall be responsible for organizing and leading the supervision and management of small workshops, restaurants and stalls within their respective administrative areas.
The Food Safety Committee of the people's government at or above the county level and its offices shall comprehensively coordinate, supervise and guide the management of small workshops, restaurants and stalls, and promote comprehensive law enforcement.
Township (town) people's governments and sub-district offices shall be responsible for the investigation of food safety hidden dangers, information reporting, assistance in law enforcement, publicity and education within their respective administrative areas, and shall assist food and drug supervision and management departments to do a good job in the supervision and management of small workshops, small restaurants and small stalls within their respective administrative areas, and work closely with various administrative agencies to form a responsibility network for food safety work that is divided into divisions and contracted.
Article 5 The food and drug supervision and administration department of the people's government at or above the county level shall be responsible for supervising and managing the production and business activities of small workshops, restaurants and stalls within their respective administrative areas.
Departments of industry and commerce, quality and technical supervision, health and family planning, public security, education, urban management, environmental protection, ethnic and religious affairs, agriculture and forestry of the people's governments at or above the county level shall, within the scope of their respective functions and duties, do a good job in the supervision and management of small workshops, small restaurants and small stalls.
Article 6 Small workshops, restaurants and stalls shall engage in food production and operation activities according to law, consciously abide by the food safety management system and be responsible for the food safety of their production and operation.
Food-related industry organizations should promote industry self-discipline, strengthen the construction of industry integrity, guide and standardize the production and operation of small workshops, restaurants and stalls according to law, and promote the improvement of food safety level in this industry.
Article 7 People's governments at all levels, consumer associations and news media should vigorously publicize food safety laws, regulations, scientific knowledge and advanced models of Suntech's law-abiding, guide consumers to enhance their awareness of food safety, legal rights protection and self-protection ability, and conduct social supervision according to law.
Article 8 People's governments at or above the county level shall comprehensively manage small workshops, restaurants and stalls, strengthen services and unified planning, and encourage centralized management.
People's governments at or above the county level can encourage and support the standardized operation of small workshops, restaurants and stalls, improve production and operation conditions and technology, and create brands through business training, financial support, preferential venue rent and employment assistance.
Article 9 Any unit or individual has the right to complain or report illegal acts in the production and operation of small workshops, small restaurants and small stalls, obtain food safety information from food and drug supervision and management departments according to law, and put forward opinions and suggestions on the law enforcement behavior and management services of relevant government departments and their staff.
Chapter II General Provisions
Tenth small workshops, small restaurants, small stalls engaged in production and operation shall comply with the following provisions:
(1) Food raw materials and food-related products meet food safety standards and relevant state regulations;
(two) raw and cooked food isolation;
(3) Packaging materials that come into contact with food shall be non-toxic, harmless and clean;
(4) The water used meets the hygienic standard for drinking water stipulated by the state;
(5) The environment, containers, tools and equipment for processing, storing, transporting, loading and unloading and selling food shall be safe, harmless and kept clean, and there shall be sealed storage equipment for kitchen waste, and food shall not be stored and transported together with toxic and harmful articles;
(six) the use of food additives in accordance with national standards and regulations, food additives should be stored in special areas (cabinets) and kept by special personnel;
(7) The detergents and disinfectants used are safe and harmless to human body;
(8) If there are no special cleaning and disinfection facilities for tableware in small restaurants and stalls, tableware that conforms to the provisions of the Food Safety Law of the People's Republic of China or centralized disinfection tableware shall be used;
(9) Small workshops and catering establishments shall keep a distance of more than 25 meters from pollution sources such as cesspits, sewage ponds, exposed garbage dumps (stations) and aqua privies, and set them outside the influence range of dust, harmful gases, radioactive substances and other diffuse pollution sources;
(ten) other requirements stipulated by laws and regulations.
Eleventh small workshops, small restaurants, small stalls practitioners should maintain personal hygiene, wear clean work clothes, masks, gloves; Non-toxic, harmless and clean utensils should be used when selling unpackaged food for immediate consumption.
Employees in small workshops, restaurants and stalls shall have annual health check-ups and engage in food production and business activities with valid health certificates. Persons suffering from diseases that hinder food safety as stipulated by the administrative department of health of the State Council shall not engage in the work of contacting directly imported food.
Twelfth small workshops, small restaurants to implement registration certificate management, small stalls to implement record card management. There is no charge for issuing registration certificates and filing cards.
No unit or individual may forge, alter, falsely use, lease, lend or transfer the registration certificate or filing card in other forms.
Thirteenth small workshops, small catering registration certificate shall specify the operator's name, business name, address, business projects, complaints telephone and other information; The registration card for small stalls shall contain the name of the operator, business items, areas, complaint telephone numbers and other information.
Small workshops, small restaurants and stalls shall not engage in production and business activities beyond the business items specified in the registration certificate and filing card. The business activities of small stalls shall not exceed the area specified in the record card.
The registration certificate for small workshops and restaurants is valid for three years, and the registration card for small stalls is valid for one year. Small workshops, restaurants and stalls may apply to the issuing department for temporary registration certificates or filing cards, which are valid for six months. If the registration certificate and filing card need to be extended upon expiration, an application shall be filed with the original issuing department within 30 days before expiration.
Fourteenth small workshops, small restaurants, small stalls should be in a prominent position in the production and business premises, publicity registration certificate or filing card, health certificate of employees. Small workshops and restaurants should also publicize information about the use of food additives and accept social supervision.
Article 15 Small workshops, restaurants and stalls shall establish a record system of incoming goods inspection, inspect the production license, registration certificate, filing card and product qualification certificate of purchased food raw materials, food additives and food-related products, truthfully record the supplier's name, address, contact information, purchase quantity, purchase time and other contents, and keep relevant vouchers.
The storage period of inspection records and vouchers for small workshops, restaurants and stalls shall not be less than six months after the expiration of the food shelf life. If there is no clear shelf life, the shelf life shall not be less than two years.
Sixteenth in the period of validity of the registration certificate, small workshops and restaurants need to be restored after they have stopped operating for more than six months, they should apply to the original license issuing department, and the production and operation can only be resumed after verification and approval by the original license issuing department.
Article 17 The providers of third-party platforms for online food transactions shall register the small workshops, restaurants and stalls with real names, and clarify their food safety management responsibilities; Review its food business license or filing certificate according to law.
If the provider of the third-party platform for online food trading finds that the small workshops, restaurants and stalls entering the network violate the provisions of these regulations, it shall promptly stop and immediately report to the food and drug supervision and administration department of the local people's government at the county level; If a serious illegal act is found, it shall immediately stop providing online trading platform services.
Chapter III Small Workshop
Eighteenth small workshops shall meet the following conditions:
(1) Having an independent production and processing place, the area of which is suitable for the production and processing capacity, and the layout meets the requirements of the technological process;
(2) Having equipment and facilities suitable for the variety and quantity of food produced and processed, and having corresponding equipment and facilities for disinfection, dressing, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing and treatment of waste water and oil fume, and storage of garbage and waste;
(three) the ground and wall of the place meet the requirements of national standards;
(4) Having food safety management personnel and a sound food safety management system;
(5) Having other conditions stipulated by laws, regulations and food safety standards.
Nineteenth small workshops shall submit the following materials to the food and drug supervision and administration department of the county (city, district) people's government where they operate, and apply for a small workshop registration certificate:
(1) an application;
(2) the identity certificates of the promoters and operators;
(3) Health certificates of employees;
(4) List of main food raw and auxiliary materials;
(5) Description of the food varieties to be produced and processed;
(six) a copy of the food safety standards implemented, and a production process flow chart if there is no food safety standard;
(seven) a description of the hygiene and safety of the production and processing places;
(eight) management system to ensure food safety.
Twentieth county (city, district) people's government food and drug supervision and management departments shall conduct on-site verification after accepting the application. In accordance with the provisions of Article 18 and Article 19 of these regulations, a small workshop registration certificate shall be issued within ten working days, and the registration information shall be notified to the local township (town) people's government or sub-district office; For those who do not meet the requirements, inform the applicant in writing and explain the reasons.
The food and drug supervision and administration department of the county (city, district) people's government shall keep confidential the business secrets learned in the examination and registration.
Article 21 Small workshops shall not produce and process dairy products, quick-frozen foods, alcoholic beverages (liquor, beer, wine and fruit wine, etc.), canned foods, beverages, health foods, formula foods for special medical purposes, infant formula foods, infant supplementary foods, jellies, food additives and other products whose production and processing are prohibited by laws and regulations.
Article 22 Where a small workshop prepackages the food produced and processed, the packaging shall be labeled, and the label shall indicate the food name, address, ingredients, producer and processor, production date, food storage conditions, shelf life, registration certificate number, contact information and other information. The contents indicated on the label should be clear and easy to identify.
Article 23 The food produced and processed by small workshops can be sold only after passing the inspection by qualified food inspection institutions before leaving the factory for the first time. Within the validity period of the registration certificate, the small workshop shall inspect the food it produces and processes every year, and keep relevant certificates.
Chapter IV Small Catering
Twenty-fourth small catering shall meet the following conditions:
(a) there are fixed stores, the area of the place is suitable for the production and operation area, and the layout of each functional area is reasonable;
(two) lighting, ventilation, lighting, noise, etc. meet the national health standards and requirements;
(three) kitchen rough machining, cooking, tableware cleaning and disinfection, food raw materials storage areas and other places are clearly divided to prevent cross-contamination of food storage and operation; The operation room is effectively isolated from the dining place and bathroom;
(4) Equipped with effective facilities for refrigeration, washing, disinfection, oil fume purification, fly prevention, dust prevention, rat prevention and insect prevention, as well as containers or facilities for treating wastewater and storing kitchen waste.
Twenty-fifth small catering shall submit the following materials to the food and drug supervision and administration department of the people's government of the county (city, district) where it is located, and apply for a small catering registration certificate:
(1) an application;
(2) the identity certificates of the promoters and operators;
(3) Health certificates of employees;
(four) the plan of the business premises, equipment layout, sanitary facilities and other schematic diagrams;
(5) Management system to ensure food safety.
Twenty-sixth county (city, district) people's government food and drug supervision and management department shall conduct on-site verification after accepting the application. In accordance with the provisions of Article 24 and Article 25 of these regulations, a small catering registration certificate shall be issued within ten working days, and the registration information shall be notified to the local township (town) people's government or sub-district office; For those who do not meet the requirements, inform the applicant in writing and explain the reasons.
Twenty-seventh small restaurants are not allowed to operate decorated cakes, raw aquatic products and other foods prohibited by laws and regulations.
Chapter V Small stalls
Article 28 Whoever engages in the business activities of small stalls shall have tools, containers, countertops, fly-proof, rain-proof and dust-proof equipment and facilities suitable for the variety and quantity of food they are engaged in.
Twenty-ninth small stalls to receive the record card shall submit the following materials:
(a) the identity certificate of the operator;
(2) Health certificates of employees;
(3) Business scope.
Thirtieth small stalls should be to the township (town) people's government, street offices for the record and receive a small stall record card (hereinafter referred to as the record card). The township (town) people's government or sub-district office shall, in accordance with the provisions, issue filing cards to eligible small stalls and report the filing information of small stalls to the food and drug supervision and administration department of the county (city, district) people's government.
Article 31 Small stalls shall not sell high-risk foods such as bulk liquor, food additives, health foods, formula foods for special medical purposes, formula foods for infants and young children, and supplementary foods for infants and young children.
Chapter VI Supervision and Management
Article 32 The county (city, district) people's government shall, according to the actual situation, make overall consideration of factors such as traffic, noise, city appearance, surrounding environment, historical evolution, and people's needs, and delimit the business areas of small workshops, small restaurants, and small stalls according to the principle of convenient living and reasonable layout, and announce them in time.
Areas suitable for small workshops, small restaurants and stalls to set up morning markets and night markets or centralized production and trading markets should be built as a whole, managed centrally, and equipped with inspection, power supply, water supply, sewage discharge and other equipment and facilities.
Small stalls are prohibited from operating within 100 meters of the entrance of schools and kindergartens.
Article 33 People's governments at or above the county level shall formulate annual food safety supervision and management plans for small workshops, restaurants and stalls, and organize their implementation.
People's governments at or above the county level shall organize food and drug supervision and management departments and township (town) people's governments and sub-district offices to carry out comprehensive management of regional and universal food safety problems existing in small workshops, restaurants and stalls.
Article 34 The food and drug supervision and administration department shall, according to the annual food safety supervision and management plan of small workshops, small restaurants and small stalls, formulate implementation plans, strengthen daily supervision and inspection through inspections and spot checks, focus on the production and business activities of small workshops, small restaurants and small stalls with high risk of food safety accidents, and promptly investigate and deal with food safety violations.
Article 35 Township (town) people's governments and sub-district offices shall establish teams of food safety supervisors, coordinators and information officers, strengthen on-site inspections, and urge small workshops, restaurants and stalls to standardize production and operation. When illegal production and operation behaviors are found, they shall promptly stop and report to the food and drug supervision and administration department.
Township (town) people's governments and sub-district offices shall, in accordance with the provisions, report the statistical information of small stalls to the food and drug supervision and administration department, and assist in the supervision and administration.
Village (neighborhood) committees shall assist township (town) people's governments and subdistrict offices to carry out food safety supervision and inspection, and report food safety violations to relevant departments in a timely manner.
Article 36 The food and drug supervision and administration department of the county (city, district) people's government, the administrative department for industry and commerce, the urban management department, the township (town) people's government and the sub-district office shall establish an online information platform to realize online application, information sharing and linkage approval in the registration, filing, permitted business areas and industrial and commercial registration of small workshops, restaurants and stalls.
Article 37 The promoters of centralized production and trading markets, lessors of counters, lessors of premises and organizers of trade fairs, temple fairs and expositions shall assist in fulfilling the following obligations according to the requirements of the food and drug supervision and administration department:
(a) check the relevant certificates and information of small workshops, small restaurants and small stalls;
(two) to check the production and operation environment and conditions of small workshops, small restaurants and small stalls, and to stop and report any illegal acts in time;
(three) the establishment of small workshops, small restaurants, small stalls files and management system.
Article 38 The food and drug supervision and administration department of the municipal people's government with districts may formulate a catalogue of foods produced and processed by small workshops or a catalogue of foods prohibited from production and processing, which shall be submitted to the food and drug supervision and administration department of the provincial people's government for the record after being approved by the people's government at the corresponding level and announced to the public.
Thirty-ninth food and drug supervision and management departments shall, in accordance with the provisions, conduct sampling inspection on the food produced and operated by small workshops, small restaurants and small stalls. Focus should be placed on sampling inspection of foods that consumers report more and consume more in their respective administrative areas.
For sampling inspection, the sampled samples shall be purchased, and a qualified food inspection agency shall be entrusted for inspection according to law, and relevant expenses shall be paid. Shall not charge inspection fees and other fees to small workshops, small restaurants and small stalls.
Article 40 The food and drug supervision and administration department shall conduct training on food safety laws, regulations, food safety standards and professional knowledge for employees in small workshops, restaurants and stalls, food safety supervisors, coordinators and information workers, and shall not charge fees.
Article 41 The food and drug supervision and administration department shall announce the supervision and management information of small workshops, restaurants and stalls to the public through government websites, press conferences, radio, television, newspapers and other ways that are easy for the public to know. Involving major food safety information, it should be released in a timely and unified manner in accordance with relevant regulations, and ensure the authenticity and integrity of the information.
Any unit or individual has the right to supervise the published information and put forward opinions and suggestions.
Article 42 The food and drug supervision and administration department of the people's government at or above the county level shall publish the unit address, telephone number and e-mail address of the department, and accept inquiries, complaints and reports.
Complaints and reports shall be verified and handled in time and recorded. The department that accepts complaints and reports shall keep confidential the complainants and informants and safeguard their legitimate rights and interests. Informants who provide clues to illegal acts and verify them are rewarded in accordance with relevant regulations, and rewards should be approved and issued in a timely manner.
Article 43 The food and drug supervision and administration department of the county (city, district) people's government shall establish credit files of small workshops, small restaurants and small stalls, record the registration information, the results of daily supervision and inspection, the investigation and punishment of illegal acts, etc., and announce them to the public according to law and update them in real time. Increase the frequency of supervision and inspection of small workshops, small restaurants and small stalls with bad credit records.
Article 44 People's governments at or above the county level shall establish a blacklist system to blacklist small workshops, restaurants and stalls that have committed one of the following acts and refuse to correct food safety accidents:
(a) in violation of the provisions of food safety standards, the use of food additives beyond the scope and beyond the limit;
(two) the production and operation of spoiled, expired, adulterated and adulterated food.
The blacklist shall be published according to law. Blacklisted small workshops, restaurants and stalls shall not engage in food production and business activities within three years.
If a party has any objection to being blacklisted, it has the right to bring an administrative reconsideration or an administrative lawsuit according to law.
After the expiration of the blacklist period, it shall be deleted from the blacklist if it is accepted by the food and drug supervision and administration department of the people's government at or above the county level.
Forty-fifth food and drug supervision and management departments have the right to take the following measures when performing their duties of food safety supervision and management in small workshops, restaurants and stalls:
(a) to enter the production and business premises to carry out on-site inspection;
(two) sampling inspection of food production and operation;
(3) consulting and copying relevant contracts, bills, account books and other relevant materials;
(4) sealing up and detaining foods that are proved by evidence to be inconsistent with food safety standards or have potential safety hazards, illegally used food raw materials, food additives and food-related products, and tools and equipment that are used for illegal production and operation or are contaminated;
(five) to seal up places that illegally engage in food production and business activities.
When the urban management department implements supervision and inspection of the small stalls in urban outdoor public places without obtaining the filing card, it can be implemented in accordance with the provisions of the preceding paragraph.
When conducting supervision and inspection, the food and drug supervision and administration department and the urban management department shall show their administrative law enforcement certificates, enforce the law in a civilized manner, and shall not ask for or accept property or seek other illegal interests.
Article 46 If small workshops, restaurants and stalls find that the purchased food, food additives or food-related products have potential safety hazards, they shall immediately stop using and selling them, and report to the food and drug supervision and administration department or the township (town) people's government and sub-district offices where they operate.
Article 47 In the event of a food safety accident, the people's governments at or above the county level and their relevant departments shall investigate and deal with it in accordance with laws, regulations and the provisions of the emergency plan for food safety accidents.
Small workshops, restaurants and stalls where food safety accidents occur shall take immediate measures to prevent the situation from expanding. The units and individuals where the accident occurred and the medical institutions that treated the patients shall immediately report to the food and drug supervision and administration, health administration and other departments of the people's government of the county (city, district) where the accident occurred.
No unit or individual may conceal, falsely report or delay reporting food safety accidents, or conceal, forge or destroy relevant evidence.
Chapter VII Legal Liability
Article 48 If, in violation of the provisions of this Ordinance, the people's government at or above the county level and its food and drug supervision and administration departments commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit or gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(a) after accepting the complaint and reporting, it is not handled in time;
(2) divulging the information of the informant or the contents of the report;
(3) granting registration to applicants who do not meet the requirements;
(four) the online information platform has not been established, which affects the linkage examination and approval;
(5) failing to organize the implementation of the annual food safety supervision and management plan or scheme for small workshops, restaurants and stalls within their respective administrative areas;
(six) failing to perform the duties of food safety supervision and management, resulting in food safety accidents or failing to report and deal with food safety accidents in time;
(seven) the blacklist should be established but not established;
(eight) the illegal implementation of inspection, enforcement and other law enforcement measures;
(nine) other acts of abuse of power, dereliction of duty, favoritism.
Forty-ninth township (town) people's government, street offices do not perform their duties in accordance with the provisions of this Ordinance, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 50 Small workshops, restaurants and stalls violate the provisions of Article 21, Article 27 and Article 31 of these regulations, and the food and drug supervision and administration department of the county (city, district) people's government shall confiscate the illegal income, the food illegally produced and operated, and the food additives and raw and auxiliary materials used for illegal production and operation, and impose a fine of not less than 5,000 yuan but not more than 15,000 yuan; If the circumstances are serious, the original issuing department shall revoke the registration certificate, cancel the filing card, and confiscate the tools, equipment and other items used for illegal production and operation.
Article 51 Where small workshops and restaurants violate the provisions of Articles 20 and 26 of these regulations and engage in food production and business activities without obtaining a registration certificate, the food and drug supervision and administration department of the county (city, district) people's government shall order them to make corrections; Refuses to correct, confiscate the illegal income and illegal production and operation of food, and impose a fine of more than one thousand yuan and three thousand yuan. If the circumstances are serious, the tools, equipment and other items used for illegal production and processing shall be confiscated.
Small stalls in violation of the provisions of Article 30 of these regulations, without obtaining a record card to engage in food business activities, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections; Refuses to correct, confiscate the illegal income and illegal food business, and impose a fine of two hundred yuan to five hundred yuan; If the circumstances are serious, tools, equipment, raw materials and other items used for illegal business operations may be confiscated.
Small stalls in urban outdoor public places without filing cards shall be punished by the urban management department in accordance with the preceding paragraph.
Fifty-second in violation of the provisions of this Ordinance, one of the following acts, the county (city, district) people's government food and drug supervision and management and other relevant departments shall be ordered to make corrections; Refuses to correct, a fine of three hundred yuan for small workshops and restaurants, and a fine of one hundred yuan for small stalls:
(a) there is no health certificate;
(two) the registration certificate (record card) or health certificate is not hung;
(three) the use of unwashed and disinfected tableware and drinking utensils.
Fifty-third small workshops, small restaurants, small stalls in violation of the provisions of Article 10 of these regulations, the county (city, district) people's government food and drug supervision and management department shall order it to make corrections; Refuses to correct, a fine of five hundred yuan and one thousand five hundred yuan; If the circumstances are serious, it shall be ordered to stop production and business until the original issuing department revokes the registration certificate and cancels the filing card.
Article 54 Small workshops, restaurants and stalls violate the provisions of Article 15 and Article 23 of these regulations, and the food and drug supervision and administration department of the county (city, district) people's government shall order them to make corrections; Those who refuse to make corrections shall be fined between 500 yuan and 1,500 yuan for small workshops and restaurants and between 100 yuan and 300 yuan for small stalls.
Fifty-fifth small workshops, small restaurants in violation of the provisions of this Ordinance sixteenth, the county (city, district) people's government food and drug supervision and management department shall be ordered to make corrections; Those who refuse to make corrections shall be fined between five hundred yuan and one thousand five hundred yuan.
Article 56 Where the promoters of centralized production and trading markets, lessors of counters, lessors of venues and houses, and organizers of trade fairs, temple fairs and expositions violate the provisions of these Regulations and allow small workshops, restaurants and stalls that have not obtained registration certificates or filing cards according to law to enter the market to produce and operate food, or fail to perform inspection and reporting obligations, the food and drug supervision and administration department of the county (city, district) people's government shall order them to make corrections and confiscate their illegal income; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with small workshops, small restaurants and small stalls.
Article 57 Whoever violates the provisions of Article 17 of these regulations shall be punished in accordance with Article 131 of the Food Safety Law of the People's Republic of China.
Fifty-eighth small workshops, restaurants and stalls whose registration certificates or registration cards have been revoked shall not engage in food production and business activities within three years from the date of the decision on punishment.
Article 59 If a small workshop, a small restaurant or a small stall is ordered to stop production or business, or its registration certificate is revoked or its filing card is cancelled for three times in a year, the food and drug supervision and administration department of the county (city, district) people's government shall order it to stop production or business until its registration certificate and filing card are revoked by the original issuing department.
Sixtieth in violation of the provisions of the second paragraph of Article 12 of these regulations, the food and drug supervision and administration department of the county (city, district) people's government shall order it to make corrections and give it a warning; Refuses to correct, the original issuing department shall revoke the registration certificate and cancel the filing card.
Article 61 Whoever, in violation of the provisions of these Regulations, refuses, obstructs or interferes with the relevant departments, institutions and their staff to carry out food safety supervision and inspection and accident investigation and handling according to law shall be ordered by the relevant departments to stop production and business, and shall be fined between 1,000 yuan and 3,000 yuan; If the circumstances are serious, the original issuing department shall revoke the registration certificate and cancel the filing card; If it constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law.
Sixty-second violation of the provisions of this Ordinance, causing damage, shall bear tort liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Sixty-third primary and secondary school students' off-campus catering places, community elderly day care restaurants, rural banquets and other catering service formats shall be implemented with reference to the relevant provisions of these regulations.
Article 64 These Regulations shall come into force as of July 1 day.