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Procedures of Shanghai Municipality on the Supervision and Administration over the Delivery of Group Meal

(Promulgated by Decree 51 of the Shanghai Municipal People’s Government on July 11, 2005)

Chapter I General Provisions

Article 1 (Purposes and Basis)

For the purposes of strengthening the supervision and administration over the delivery activities of group meal, preventing the occurrence of food poisoning accidents and food-borne diseases, safeguarding the physical health and life safety of food-takers, these Procedures are formulated on the basis of the provisions of the“Law of People’s Republic of China on Food Hygiene”and other laws and relevant regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)

The“delivery of group meal”mentioned in these Procedures refers to the production and operation activities of the catering production and operation unit in the centralized processing, individual packaging and handing out of the meal in accordance with the ordering requirements of the organs, enterprises and institutions, and other organizations.

Article 3 (Application Scope)

These Procedures apply to the production and operation activities of delivery of group meal, and administrative activities on relatively regular orders for group meal in the administrative area of this Municipality

If the State and this Municipality provide otherwise for the supervision and administration on the group meal for students and the group meal provided by the unit-run canteen itself, such provisions shall prevail.

Article 4 (Administrative Departments)

Shanghai Municipal Food and Drug Supervision Administration (hereinafter referred to as SMFDSA) takes charges of the supervision and administration over the delivery of group meal in this Municipality. The district/county food and drug supervision administration (hereinafter referred to as DFDSA) takes charges of the supervision and administration over the delivery of group meal in its own jurisdiction area.

The administrative departments of quality and technology supervision, industry and commerce, public health, public security, city environment and sanitation, and communications in this Municipality shall, in accordance with their respective duties, jointly do a good job of supervising and administrating the delivery of group meal.

Article 5 (Undertaking System of the Safety of Food Hygiene)

This Municipality adopts the undertaking system of the safety of food hygiene for the delivery unit of group meal.

When applying for the Food Hygiene License and signing the ordering contract with the unit taking the meal, the delivery unit of group meal shall respectively make an undertaking with the DFDSA of the locality and the unit taking the meal for the safety of food hygiene, and the corresponding legal liabilities it bears.

Article 6 (Encouragement and Guidance)

For the economic development zone and other centralized working areas, and newly-built office buildings, conditions shall be created for setting up the mess hall for group meal and providing the places for taking the meal.

This Municipality encourages the delivery units that meet the requirements to actively explore the market of group meal, so as to realize the scale formation and industrialization of the production and operation of group meal, and ensure the product quality and safety of taking group meal.

Chapter II Delivery Unit of Group Meal

Article 7 (Business License)

The unit that engages in the acts of delivery of group meal shall first apply to the DFDSA of the locality, and obtain the Food Hygiene License with its business scope including the delivery of group meal, and only after obtaining the business license from the industry and commerce department can it engage in such production and operation activities as processing, individual packaging, and delivery of group meal.

Having received the application for the Food Hygiene License, the DFDSA shall, in accordance with the provisions of Article 8 of these Procedures, examine and verify the application, and approve its business scope, production and processing technology, and the quantity of production and processing, and make public the approved quantity of production and processing.

Article 8 (Basic Conditions for Production and Operation)

The unit that engages in the acts of delivery of group meal shall meet the following basic conditions:

1. to possess the places, facilities and installations that suits the requirements of production, processing and operation;

2. to provide the full-time hygiene administration personnel, full-time hygiene inspection organs or inspectors that suit the requirements of the production and operation scale;

3. to set up the self-inspection system that meets the requirements of administration;

4. other conditions as provided by laws, rules and regulations.

The specific requirements mentioned in the preceding clause as basic conditions shall be formulated and made public by the SMFDSA.

Article 9 (Responsible Person of the Production and Operation Unit)

The person-in-charge of the delivery unit of group meal shall be the person directly responsible for the food hygiene of the said unit.

Article 10 (Training and Physical Examination of Related Personnel)

The employed personnel, full-time hygiene administration personnel and inspectors of the delivery unit of group meal shall, in accordance with relevant provisions, get on post only after passing the training on knowledge about food hygiene; among them, the employed personnel shall also undergo the health inspection and obtain the qualification certificate.

The delivery unit of group meal shall set up the system of conducting morning inspection on the employed personnel. In case of discovering any persons that have cough, fever, diarrhea or pyodermatitis, exudative dermatitis, no arrangements shall be made for such persons to take part in the work involving the food which directly enters the mouth.

Article 11 (Requirements on Production Technology and Quantity)

The delivery unit of group meal shall, strictly in accordance with the production and processing technology and production and processing quantity examined and approved by the DFDSA, produce, process, and deliver the group meal.

Article 12 (Purchasing of Materials)

The delivery unit of group meal shall purchase raw materials, semi-finished products and edible farm products from the production and operation unit that has obtained the Food Hygiene License in accordance with law, and the edible farm products fair market set up in accordance with law.

The delivery unit of group meal shall ask for and examine the said license in accordance with relevant provisions when purchasing raw materials and semi-finished products, and inspect the food quality and the label for food in approved package.

The acts of purchasing food raw materials, semi-finished products or edible farm products from pedlars without license are prohibited.

Article 13 (Initial Processing of Raw Materials)

At the time of doing the initial processing of raw materials, the delivery unit of group meal shall, in accordance with the requirements of relevant operation regulations, examine and inspect, select, steep, wash the raw materials, and guarantee the containers and processing utensils meet the requirements of hygiene.

Article 14 (Processing Method and Temperature Control)

The processing of the food for group meal may adopt such methods as refrigeration, heating and warm-keeping, or sterilization at a high temperature, and other methods that meet the requirements.

In case of adopting the method of refrigeration, the meal shall be completely chilled down after being cooked (the central temperature shall drop to below 10℃within two hours), and shall be individually packaged, stored and transported below 10℃, and before being eaten, the meal shall be heated until the central temperature is above 75℃.

In case of adopting the method of heating and warm-keeping, the meal shall be heated and kept warm after being cooked, and the central temperature of the meal shall be kept at above 65℃before being eaten.

In case of adopting the method of sterilization at a high temperature, the meal shall be put in airtight containers, and sterilized at a high temperature so as to come up to the commercial germfree requirements.

Article 15 (Transportation of Finished Products)

The delivery unit of group meal shall use sealed special-purpose vehicles to deliver the meal to the unit taking group meal. Before the transportation, the vehicles shall be cleaned and disinfected, and in the course of transportation, loading and unloading, the operation hygiene shall be stressed so as to prevent the meal from pollution.

The special-purpose vehicles and their inside containers used for delivering the meal shall, in accordance with the requirements of the meal, be set and kept at the corresponding temperature.

Article 16 (Edible Time and Package)

The edible time for the meal processed by refrigeration shall not exceed 24 hours from the time of cooking to eating; the edible time for the meal processed by heating and warm-keeping shall not exceed 3 hours from the time of cooking to eating.

For the meal processed by sterilization at a high temperature, the name of product, name of manufacturer, address of manufacturer, date and time of production, quality guarantee period, preservation conditions and edible methods shall be printed on its package.

Article 17 (Accounting System)

The delivery unit of group meal shall set up the accounting system on the information about material-purchasing, quantity of processing, situation of supplied units, etc.

Article 18 (Administrative Guidance)

The SMFDSA or the DFDSA shall strengthen the business guidance on such production and operation activities of the delivery of group meal as purchasing of raw materials, processing, storage, transportation and packaging of the meal.

Article 19 (Prohibited Acts)

The act of delivering shredded raw vegetables, slicing prepared food, uncooked aquatic products and other food banned by the State and this Municipality from sales to the units taking group meal is prohibited.

Chapter III Unit Taking Group Meal

Article 20 (Responsibility System of Person-in-charge of the Unit Taking Meal)

The legal representative or person-in-charge of a unit taking group meal shall bear the corresponding administrative liabilities for the activities of taking group meal by the unit.

The legal representative or person-in-charge of the unit taking group meal shall guarantee the safety of taking group meal for the unit, and make public to the staff members and workers the situation of the meal-providing unit, and prevent the occurrence of food poisoning accident or food-borne diseases in organizing the unit to take meal.

Article 21 (Requirements of Order)

The unit taking group meal shall order the meal for its own use from the production and operation unit that has the valid Food Hygiene License and business license; in case of inability to order the meal delivered by the unit that has legal operation qualification, the unit shall require the staff members and workers to take meal in the nearby unit canteens, or dining places that have operation qualifications and conditions.

Article 22 (Requirements on Places, Facilities, Personnel of the Unit Taking Meal)

The temporary food storage places of the unit taking group meal shall be kept clean and hygienic; in case of on-spot individually packaging of meal, the places, facilities and installations that meet the requirements shall also be provided.

The personnel of the unit taking group meal that engage in the individual packaging, and handing out of meal shall undergo physical examination every year, and shall obtain the Health Qualification Certificate.

In case of discovering any persons that have cough, fever, diarrhea or pyodermatitis, exudative dermatitis, no arrangements shall be made for such persons to engage in individually packaging and handing out of meal.

Article 23 (Report of Accident)

In case of the occurrence of suspected food poisoning accidents, the unit taking the group meal shall immediately adopt effective measures, organize the rescue and treatment, put the remaining meal under control, and within 2 hours from the occurrence of the accident, report to the DFDSA of the locality, and cooperate in the relevant investigation of the poisoning accident.

The unit taking group meal shall not conceal the situation, or make a false report, or delay in reporting the situation of suspected food poisoning accidents.

Article 24 (Tip-offs)

In case any staff members and workers of the unit taking group meal discover that the unit orders the meal from the production and operation unit that has no valid Food Hygiene License, and business license, they shall report the case to the SMFDSA or the DFDSA.

Chapter IV Supervision and Inspection

Article 25 (Examination and Inspection over the Production and Operation Unit)

The SMFDSA or the DFDSA shall, in accordance with law, strengthen the on-spot inspection and supervision over the production and operation places of the delivery unit of group meal, and regularly test the samples of meal produced and operated by the unit, in accordance with law.

The law enforcement personnel of supervision over food hygiene shall, at the time of exercising supervision and inspection over the delivery units of group meal, order it to adopt effective measures in time to make corrections or to remove a hidden danger of accident in case of identifying the acts violating the provisions of laws, regulations and these Procedures.

Article 26 (Supervision over the Hygiene of the Unit Taking Group Meal)

The SMFDSA or the DFDSA shall strengthen the routine supervision over the activities of taking meal by the units taking group meal, urge and guide the improvement of their safety administration over meal.

The SMFDSA or the DFDSA may exercise the following functions and powers in the implementation of supervision over the unit taking the group meal:

1. to enter the dining places of the unit taking group meal;

2. to test the samples from the group meal;

3. to examine the Health Qualification Certificate and the health condition of the personnel engaging in the individual packaging and handing out of the meal.

Article 27 (Controlling Measures)

The SMFDSA or the DFDSA may adopt the following controlling measures if there exists the food poisoning accident or there exists the evidence to prove that the food poisoning accident may happen:

1. to seal up the meal and its raw materials that causes the food poisoning or may cause the food poisoning;

2. to seal up the polluted places of production and operation (including the preparation room of meal of the units taking group meal), processing utensils, and containers of food that have connection with the food poisoning accidents;

3. to order the delivery unit to take back the sold meal that causes the food poisoning or may cause food poisoning.

Article 28 (Handling of Accidents)

Having received the report on food poisoning or suspected food poisoning accident of the units taking group meal, the SMFDSA or the DFDSA shall make a detailed record, and carry out the investigation and handling in time, and adopt effective controlling measures; in case of the occurrence of major or serious food poisoning accident, or the death of person(s), the SMFDSA or the DFDSA shall carry out the investigation and handling jointly with relevant departments in accordance with law.

Chapter V Legal Liabilities

Article 29 (Punishment on the Delivery Unit of Group Meal)

In case the delivery unit of group meal does any one of the following acts in violation of the provisions of these Procedures, the SMFDSA or the DFDSA shall order a correction; in case of refusal to make corrections, a fine of between not less than 3000 yuan and not more than 30000 yuan shall be imposed:

1. failing to provide full-time hygiene administration personnel, food hygiene inspection organ or inspectors as required;

2. failing to set up the accounting system in accordance with provisions;

3. altering the production and processing technology or enlarging the quantity of production and processing of meal without authorization;

4. delivering shredded raw vegetables, slicing prepared food, uncooked aquatic products to the units taking group meal;

In case the delivery unit violates the provisions of these Procedures, causing food poisoning accidents or other food-borne diseases, the SMFDSA or the DFDSA shall order it to stop the production and operation activities, revoke the Food Hygiene License, and impose penalties in accordance with law, and the industry and commerce department shall revoke the business license in accordance with law; in case of serious food poisoning accident, the directly responsible person shall be prosecuted for criminal liabilities in accordance with law.

In case the delivery unit violates the other provisions of these Procedures, the SMFDSA or the DFDSA shall impose punishment in accordance with the“Law of the People’s Republic of China on Food Hygiene”and other laws, rules and regulations.

Article 30 (Punishment on the Units Taking Group Meal)

In case the unit taking group meal has one of the following situations in violation of the provisions of these Procedures, the SMFDSA or the DFDSA shall order a correction and a fine of not more than 1000 yuan may be cumulatively imposed:

1. to order meal from the production and operation unit that has no valid Food Hygiene License, and business license;

2. the personnel of the unit that participate in the individual packaging, and handing-out of meal have not undergone the physical examination and obtained the qualification certificate;

3. to conceal the situation, or make a false report, or delay in reporting the situation in case of the occurrence of food poisoning or suspected food poisoning accident.

In case the unit taking group meal has the accident of food poisoning in violation of these Procedures, causing personnel casualties, the wrongdoer shall bear corresponding civil liabilities.

Article 31 (Punishment on Law Enforcement Personnel)

Any law enforcement person who neglects his/her duties, abuses his/her power, engages in malpractice for selfish ends in the course of law enforcement and thus causes major accident of food poisoning serious enough to constitute a crime shall be prosecuted for criminal liabilities in accordance with law; and if the wrongful act does not constitute a crime, the wrongdoer shall be imposed administrative sanctions in accordance with law.

Article 32 (Remedy Procedures in case of Disagreeing with Specific Administrative Acts)

The party concerned who does not accept the specific administrative acts made by relevant administrative departments may apply for the administrative reconsideration or lodge an administrative lawsuit in accordance with“Law of the People’s Republic of China on Administrative Reconsideration”or the“Administrative Litigation Law of the People’s Republic of China”.

Chapter VI Supplementary Provision

Article 33 (Effective Date)

These Procedures shall become effective on August 11,2005.

 

 

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