Notice of the Shenzhen Municipal Market Supervision Administration on Issuing the”Shenzhen Market Supervision Administration’s Provisions on the Quantitative and Hierarchical Management of Daily Supervision and Inspection of Food Safety in Catering Services” (Shenzhen Jiangui [2021] No. 1
By: Date: 2021-01-12 Categories: authoritativerelease Tags: ,
All relevant units:
   In order to standardize the daily supervision and inspection of food safety in catering services, quantify and categorize management, promote the implementation of the main responsibility for food safety in catering services, and ensure the public’s food safety and the right to know, and implement catering services in accordance with food safety laws, regulations, regulations, and relevant national and provincial regulations According to the regulations of the daily food safety supervision and inspection, quantitative and hierarchical management work and other documents, our bureau formulated the”Shenzhen Market Supervision Administration’s Regulations on the Quantitative and Hierarchical Management of Food Safety Daily Supervision and Inspection of Catering Services”. It is hereby issued with the approval of the Municipal Bureau of Justice. Complied.
   Shenzhen Municipal Market Supervision Administration
   January 4, 2021
  Shenzhen Municipal Market Supervision Administration Regulations on the Quantitative and Hierarchical Management of Daily Supervision and Inspection of Food Safety in Catering Services
  Chapter One General Provisions
  Article 1 is to standardize the daily supervision and inspection of food safety in catering services, to promote the implementation of the main responsibility for food safety in catering services, and to protect the public’s food safety and the right to know. According to food safety laws, regulations, and regulations, and national and provincial Implement the document regulations for daily supervision and inspection of food safety in catering services, quantitative and hierarchical management, and formulate these regulations in light of the actual conditions of the city.
   Article 2 The law enforcement personnel of the market supervision department shall conduct daily supervision and inspection of catering service food safety on catering service providers and implement quantitative and hierarchical management, which applies to these regulations.
  Entrusted by the market supervision department, the food safety supervisor can assist the law enforcement personnel of the market supervision department to carry out daily inspection work.
  Article 3 The catering service providers mentioned in these regulations refer to restaurants, beverage shops, pastry shops, micro-catering, central kitchens, group meal delivery units, catering service chain headquarters, Catering service providers such as catering management enterprises and unit canteens.
   Article 4 The quantitative and hierarchical management of daily supervision and inspection of food safety in catering services shall follow the principles of administration according to law, comprehensive coverage, openness and transparency, quantitative evaluation, dynamic supervision, and encouraging progress.
  Chapter 2 Rating
   Article 5 The daily supervision and inspection of food safety in catering services shall implement quantitative and grading management.
  The food safety quantitative levels of catering service providers are divided into three levels:
   (1) Grade A (representing excellent food safety status);
   (2) Level B (representing good food safety status);
  (3) Level C (representing general food safety status).
  Article 6 Food safety quantitative level management follows the principle of dynamic management. The local market supervision department shall timely inspect the food safety status of catering service providers and adjust their food safety quantitative levels based on changes in their food safety levels.
  Article 7 The grade evaluation shall be conducted by the district bureau or supervision office under the jurisdiction of the market supervision department (hereinafter referred to as the territorial market supervision department) in accordance with the”Shenzhen City Catering Service Food Safety Daily Supervision On-site Inspection Record Form” (hereinafter referred to as the”Checklist”) an examination.
  Inspection items mainly include permit management, information disclosure, system management, personnel management, layout procedures, environmental sanitation, raw material control, processing procedures, places and facilities, and disinfection of dining utensils, etc.
   According to the actual situation of each catering service provider, the inspection items and contents in the”Checklist” may be reasonably missing.
   The market supervision department formulated the”Checklist” and revised it in accordance with changes in laws and regulations.
  Article 8 The territorial market supervision department shall conduct quantitative and grading supervision and inspection within four months from the date when the catering service provider obtains the license, and give a dynamic rating. The relevant assessment results should be entered into the supervision system within 5 working days.
  Article 9 The quantitative evaluation of food safety at level B or C is carried out by the local market supervision department in the daily supervision and inspection to actively evaluate the catering service providers and issue corresponding level publicity boards.
   Article 10 The quantitative evaluation of A-level food safety shall be carried out according to the application of the catering service provider. The evaluation procedure is as follows:
   (1) The catering service provider submits the”Shenzhen City Catering Service Food Safety Quantitative Level A Application Form” to the local market supervision department. For chain catering enterprises involving cross-regional establishments to apply for A-level review, the corporate headquarters can apply to the municipal market supervision department uniformly, and the municipal market supervision department will transfer to the local market supervision department for review after acceptance.
   (2) The territorial market supervision department shall organize the review team to conduct review within 20 working days after receiving the application from the catering service provider. Those who pass the review shall be granted A-level, and the local market supervision department will issue a quantified A-level catering service publicity sign (hereinafter referred to as the publicity sign), and report to the municipal market supervision department for the record at the end of each quarter. If the review fails, the catering service provider shall be notified of the review results in time.
   (3) After the municipal market supervision department summarizes the newly added A-level units filed by the local market supervision department, it shall publish the food safety quantitative rating information of the catering service provider on the portal website.
   For catering service providers who have not yet started actual operations, they shall not undergo A-level review.
  Article 11 The municipal market supervision department is responsible for spot check and review the results of the food safety quantitative grade A assessment made by the local market supervision department.
   Article 12 A-level catering service providers who do not meet the requirements of the food safety quantitative level A after supervision and inspection shall be rectified within a specified time limit. After rectification, if it still fails to meet the A-level requirements, the local market supervision department will downgrade it. The quantitative level of food safety after the downgrade is determined according to the results of daily supervision and inspection. The territorial market supervision department shall report to the municipal market supervision department for record within five working days after the downgrade.
  A catering service provider who has been downgraded to A-level reapplies for the re-assessment of food safety quantitative A-level, in accordance with Article 10 of this regulation.
  Article 13 A catering service provider who disagrees with the food safety quantitative evaluation result made by the market supervision department may submit a written review application to the local market supervision department within three working days from the date of receipt of the assessment result. The territorial market supervision department shall conduct a review within 15 working days and make a review conclusion. If the catering service provider still disagrees with the review conclusion, it may report or complain to the municipal market supervision department, and the municipal market supervision department will organize the review team to make a final ruling.
  Article 14 In one of the following situations, no quantitative rating shall be given:
  (1) Food safety incidents such as food poisoning or other food safety incidents have caused adverse effects within six months of the occurrence;
  (2) There are serious violations of laws and regulations, such as the use of non-edible substances, within six months from the date of the administrative penalty decision;
   (3) The number of unqualified items in the inspection item exceeds a certain number, and the quantitative rating is not given according to the standards specified in the”Checklist”.
  Chapter Three, Level Disclosure
  Article 15 The market supervision department shall publish on its portal website the quantitative rating information of the daily food safety supervision and inspection of catering service providers.
  Article 16 Food safety levels A, B, and C are represented by cartoon characters of”Laughing”,”Smiling” and”Flat Face” respectively.
   Catering service providers should place public signs in other conspicuous locations such as halls and entrances to enable consumers to understand the food safety level in time.
  If there is one of the circumstances in Article 14 of these regulations, and the rectification should be made within the required time limit, the original quantitative rating publicity board shall be recovered and the quantitative rating publicity shall not be granted.
  Article 17 The territorial market supervision department upgrades or downgrades the catering service providers quantitatively in their daily supervision and inspection, and shall issue corresponding level publicity boards. The catering service provider shall promptly replace it and publicize it as required.
  Chapter 4 Supervision and Management
   Article 18 Catering service providers shall comply with the following regulations:
   (1) The food safety administrator and other responsible personnel of the catering service provider should accompany the daily food safety supervision on-site inspection, and be familiar with the content and requirements of the daily food safety supervision and inspection of the catering service;
  (2) In accordance with the requirements of this regulation, timely publicize the results of its daily supervision and inspection to the public, and publicize them in conspicuous locations such as the lobby and door of the catering service provider;
  (3) The problems found by supervisors during daily supervision and inspection shall be rectified as required and be punished according to law;
   (4) There shall be no violations of laws and regulations, such as trading quantitative levels and identification, deliberately providing false quantitative inspection materials.
   Article 19 The territorial market supervision department shall order the catering service providers who do not post, display or tamper with, destroy, cover, rent, or forge the publicity signs within a time limit and conduct key supervision.
  Article 20 The territorial market supervision department may comprehensively determine the specific frequency of supervision and inspection of various catering service providers based on the quantitative level of food safety of catering services, social influence, supply varieties and other food safety risk factors based on actual conditions. Quantitative inspections for catering service providers are conducted at least once a year; for key supervision units such as unit canteens, collective meal delivery units, and central kitchens, quantitative inspections are conducted at least once every six months.
   Article 21 Major event guarantees that reception units, collective meal delivery units, central kitchens, school canteens (including nursery and child care institutions), canteens of government agencies, enterprises and institutions, and large-scale catering units with more than 500 people serving meals are assessed as C In the case of the third level, the local market supervision department shall require them to make rectification within a time limit, list them as key inspection targets, and follow up the implementation of rectification in a timely manner.
  Chapter 5 Supplementary Provisions
   Article 22 In the event that substantial changes in the business area and business scope of a catering service provider lead to changes in the Food Business License, the quantitative rating shall be re-evaluated in accordance with these regulations.
   Involving non-substantial changes such as the extension of the Food Business License, which results in the change of the Food Business License and the quantitative rating has been performed before the promulgation of these regulations, the original quantitative rating may be temporarily continued, and the rating will be performed again when it is necessary , In accordance with this regulation.
   Article 23 This regulation shall come into force on January 14, 2021, and shall be valid for 5 years.