Regulations of Henan Province on the Administration of Small Food Workshops, Shops and Stalls

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and other relevant laws and regulations, and in combination with the actual situation of this province, in order to standardize the production and business operations of small food workshops, shops and stalls, strengthen food safety management, and ensure public health and life safety. Article 2 These Regulations shall apply to the production and business activities of small food workshops, shops and stalls within the administrative area of this province and their supervision and management. Article 3 The term "small food workshops" as mentioned in these Regulations refers to individual industrial and commercial households engaged in food production and processing activities with fixed production and processing sites, few employees, small production and processing scale and poor production conditions.

The term "small food stores" as mentioned in these Regulations refers to individual industrial and commercial households with fixed business premises, small use area, small business scale and poor operating conditions, engaged in food sales and providing catering services.

The term "food stalls" as mentioned in these Regulations refers to individual operators who have no fixed shops, set up stalls in approved places and within specified time, engage in food sales and provide catering services. Article 4 Small workshops, shops and stalls shall engage in production and business operations in accordance with laws, regulations, food safety standards and the provisions of these Regulations, be responsible for the food safety of their production and business operations, and ensure that the food they produce and business is hygienic, non-toxic and harmless. 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 workshops, shops and stalls within their respective administrative areas, establish and improve the whole-process supervision and management mechanism that organically combines self-discipline, administrative supervision and social supervision of producers and operators, and 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. Article 6 People's governments at or above the county level and their relevant departments shall support small workshops, shops and stalls to improve their production and operation conditions, improve their technical level, develop the production of specialty foods and create well-known brands through incentives, financial subsidies, reduction and exemption of venue rents, credit support and other measures; Encourage the construction and transformation of centralized places suitable for small workshops, shops and stalls, and improve infrastructure and supporting facilities; Encourage the construction of characteristic food blocks. Article 7 The food safety committee of the people's government at or above the county level shall perform the following duties:

(a) analysis of small workshops, small shops and stalls food safety situation, research and deployment, overall guidance of small workshops, small shops and stalls food safety work;

(two) put forward policies and measures for food safety supervision and management in small workshops, small commercial shops and small stalls;

(three) to supervise and implement the responsibility of food safety supervision and management in small workshops, small commercial shops and small stalls. Article 8 The food and drug supervision and administration department of the people's government at or above the county level shall be responsible for the supervision and management of food production and business activities in small workshops, shops and stalls.

The health administrative department of the people's government at or above the county level is responsible for food safety risk monitoring and risk assessment of small workshops, small commercial shops and small stalls. The health administrative department of the provincial people's government shall formulate and publish relevant local standards for food safety according to law.

Education, ethnic affairs, public security, environmental protection, urban and rural planning, urban management, agriculture and animal husbandry, commerce, industrial and commercial administration, quality supervision and other departments of the people's governments at or above the county level shall undertake food safety work related to small workshops, small commercial shops and small stalls within their respective functions and duties. Article 9 Township people's governments and sub-district offices shall undertake food safety work in small workshops, shops and stalls in accordance with laws, regulations and the provisions of the people's governments at higher levels.

Village (neighborhood) committees assist township people's governments and sub-district offices to carry out food safety publicity, cooperate with food safety supervision and management departments to carry out food safety supervision and inspection, and timely report food safety hazards. Article 10 All kinds of food industry associations shall strengthen industry self-discipline, guide small workshops, shops and stalls to produce and operate legally, and promote the construction of industry integrity.

The news media should carry out public welfare propaganda on food safety laws and regulations and food safety 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. Eleventh people's governments at or above the county level shall establish and improve the food safety reporting reward system to protect the legitimate rights and interests of informants; Rewards shall be given to meritorious personnel who provide clues to illegal acts and assist in investigating and handling cases. Chapter II General Provisions Article 12 The food production and business activities of small workshops, shops and stalls shall meet the following requirements:

(a) keep the environment clean and tidy, and keep a safe and harmless distance from toxic and harmful places, dry toilets, septic tanks, sewage pools, exposed garbage dumps (stations) and other pollution sources;

(2) Having corresponding fly-proof, rat-proof, insect-proof, rain-proof and dust-proof equipment;

(three) the food to be processed is stored separately from the direct food, raw materials and finished products, so as to avoid the food from contacting with toxic and unclean substances;

(4) The food raw materials meet the food safety standards;

(five) the use of non-toxic, harmless and clean food packaging materials;

(6) Tableware, drinking utensils and containers for directly edible food should be washed and disinfected before use, and cookware and utensils should be washed and kept clean after use;

(seven) containers, tools and equipment for storing, transporting and loading and unloading food are safe, harmless and clean, and meet the requirements of temperature and humidity required for food safety. Food shall not be stored and transported together with toxic and harmful substances;

(8) Employees shall maintain personal hygiene and wear clean work clothes and hats. Personnel engaged in contact with directly imported food shall undergo annual health examination and obtain valid health certificates before taking up their posts;

(nine) the sale of unpackaged direct food, the use of non-toxic, clean containers, sales tools and equipment;

(ten) food production and business premises are strictly separated from personal living places, and food utensils, containers and equipment are strictly separated from personal daily necessities;

(eleven) the water quality meets the hygienic standard for drinking water stipulated by the state;

(twelve) the use of food additives in accordance with the requirements of food safety standards;

(thirteen) the detergents and disinfectants used are safe and harmless to human body, and the pesticides and rodenticides shall be properly kept and shall not be stored in food production and business premises;

(fourteen) other requirements stipulated by laws and regulations.