Notice of Fujian Provincial Market Supervision Bureau on Further Strengthening the guidance of the third-party platform of online catering services to implement the main responsibility (min Shi Jian Wang Jian [2022] No. 174)
By: Date: 2022-07-21 Categories: authoritativerelease Tags: ,
Market Supervision Bureau of all districts and cities and Pingtan Comprehensive Experimental Zone:
 
In order to further strengthen the standardized management of the third-party platform of online catering services (including branches, agents, etc., the same below), strengthen the platform to implement the main responsibility of food safety of online catering services, promote the improvement of the long-term supervision mechanism, and promote the sustainable and stable development of the platform economy, According to laws and regulations such as the e-commerce law, the consumer protection law, the advertising law, and the measures for the supervision and administration of food safety in online catering services (order 31) and the measures for the supervision and administration of online transactions (order 37) issued by the State Administration of market supervision, the provincial and municipal market supervision bureaus have sorted out and summarized the relevant requirements for the main responsibility of the third-party platform of online catering services (see the annex) for local reference. At the same time, the following suggestions are put forward on Further Strengthening the guidance of the implementation of the main responsibility of the third-party platform of online catering services. Please pay close attention to the implementation.
 
I. find out the bottom number of the platform. In combination with deepening the rectification work of the provincial Commission for Discipline Inspection and supervision on”rectifying the problem of dirty, disorderly and poor stores entering the takeout platform, and strengthening the examination and supervision of takeout merchants”, all localities should focus on the third-party platforms of online catering services registered in their jurisdiction, master their number, distribution, distribution sites, business status and other relevant information, and urge them to submit the main data of online catering service providers on the platform on time, Organize the verification and comparison between the main data submitted by the platform and the offline actual information, list the problem list, and strengthen the dynamic management.
 
Second, we should strengthen administrative guidance. All localities should strengthen publicity, make full use of various media to strengthen the publicity of laws and regulations such as the e-commerce law, strengthen the guidance of the third-party platform of online catering services, urge the platform to implement the relevant requirements of the main responsibility item by item, and guide the platform to implement the”illegal offline on one platform, and no online on all platforms” for illegal online catering service providers, Until the online catering service provider completes the rectification. We should regularly check the implementation of the main responsibility of the platform, and timely interview and urge the rectification of the platform that has problems.
 
Third, we should strengthen law enforcement and case handling. For the third-party platform of online catering service that persists in repeated education and deliberately violates the law, all regions should accurately and heavily attack, focus on investigating and dealing with, expose typical cases, and carry out”look back” inspection to effectively compact the main responsibility of the platform. All platform branches and agents should be strictly standardized with reference to the relevant requirements of the responsibility of the main body of the platform, improve the pressure transmission mechanism, build a scientific and effective platform management mode, and promote the standardized and healthy development of the platform economy.
 
Fujian provincial market supervision and Administration Bureau
 
July 7, 2022
 
(this case is voluntarily disclosed)
 
Attachment
 
Relevant requirements for the main responsibility of the third-party platform of online catering service
 
I. Basic Responsibilities of the platform
 
(I) perform legal obligations
 
Abide by the law and business ethics, and fulfill the obligations of consumer protection, food safety in catering services, advertising, personal information protection, etc.
 
Main basis:Article 5 of the e-commerce law.
 
(II) fair participation in competition
 
Follow the principles of voluntariness, equality, fairness and integrity, participate in market competition fairly, and do not abuse market dominance to eliminate or restrict competition.
 
Main basis:Articles 5 and 22 of the e-commerce law.
 
(III) ensuring transaction security
 
Take necessary measures such as technical measures to ensure the safe and stable operation of the platform network and ensure the safety of online catering service transactions.
 
Main basis:Article 30 of the e-commerce law.
 
II. Platform governance responsibility
 
(IV) main information of registered online catering service providers
 
Register the name, address, legal representative or person in charge and contact information of online catering service providers, unified social credit code (including business license registration number), food business license number, business items and validity period, so as to ensure that the subsequent business behavior of online catering service providers can be effectively spot checked and monitored. The registration information shall be updated at least every six months.
 
Main basis:Article 8 of the measures for the supervision and administration of food safety of online catering services and Article 24 of the measures for the supervision and administration of online transactions.
 
(V) review the food business license of the new online catering service provider
 
The food business license of online catering service providers who have newly applied to enter the platform for operation shall be reviewed online and offline in a timely manner. The review generally adopts a combination of manual and information technology to ensure that online catering service providers operate without licenses, fake licenses, the business places specified in the food business license are inconsistent with the actual situation, and the food business license has expired, And take reasonable measures to stop it in time.
 
Main basis:Articles 8 and 16 of the measures for the supervision and administration of food safety of online catering services, Article 24 of the measures for the supervision and administration of online transactions and the work requirements in operation practice.
 
(VI) publicize the licenses of online catering service providers
 
The platform shall publicize its clear business license and food business license information on the business page of the online catering service provider platform. If the online catering service provider submits the change of its publicity information to the platform, the platform shall complete the update publicity within seven working days.
 
Main basis:Article 9 of the measures for the supervision and administration of food safety of online catering services, and articles 12 and 26 of the measures for the supervision and administration of online transactions.
 
(VII) monitoring the business behavior of online catering service providers
 
Conduct regular or real-time online monitoring on the business behavior of online catering service providers. The monitoring generally adopts a combination of manual and information technology. In principle, it should cover all online catering service providers in the platform, so as to ensure that online catering service providers can be found in a timely manner, such as unlicensed and unlicensed operations, operations beyond the scope, business licenses or food business licenses The publicized food business license is about to expire or has expired, and reasonable measures should be taken to deal with it in a timely manner.
 
Main basis:Article 16 of the measures for the supervision and administration of food safety in online catering services and the work requirements in operation practice.
 
(VIII) spot check the business behavior of online catering service providers
 
Conduct offline spot checks on the business behaviors of online catering service providers to ensure that the health conditions of the business premises published by online catering service providers on the platform are timely and effectively found to be inconsistent with the actual situation, employees who directly contact imported food have no valid health certificates, entrust orders to other catering units for processing and production, and engage in online operations without authorization in physical stores The quality of takeout meals has been repeatedly criticized or complained by consumers and other dirty, disordered and poor phenomena, and reasonable measures have been taken to stop them in time. Scientifically set the frequency and total number of spot checks, and advocate that the total number of spot checks every six months should not be less than half of the total number of online catering service providers on the platform.
 
Support and encourage online catering service providers to implement”Internet + bright kitchen and bright stove” and use”food safety seal”.
 
Main basis:Article 16 of the measures for the supervision and administration of food safety in online catering services and the work requirements in operation practice.
 
(IX) sign a food safety agreement with online catering service providers
 
Sign written food safety agreements with online catering service providers one by one to clarify the food safety responsibilities of both the platform and online catering service providers.
 
Main basis:Article 8 of the measures for the supervision and administration of food safety of online catering services.
 
(x) establish food safety management organization
 
Set up an organization specialized in food safety management, allocate full-time personnel engaged in food safety management, and organize the training and examination of food safety management personnel at least once a year. Personnel who do not have the ability of food safety management after examination shall not take up their posts. The training and assessment records shall be kept for at least two years.
 
Main basis:Article 7 of the measures for the supervision and administration of food safety of online catering services.
 
(XI) record the order information of online ordering
 
Truthfully record the name, order time, delivery personnel, delivery time and receiving address of the online ordering food, and the information shall be kept for no less than six months.
 
Main basis:Article 15 of the measures for the supervision and administration of food safety in online catering services.
 
(XII) truthfully and legally publish advertisements
 
The advertisements published by the platform or online catering service providers on the platform shall not contain false or misleading content, and shall not deceive or mislead consumers. The platform shall perform the main responsibility of advertising release review according to relevant requirements.
 
Main basis:Articles 4 and 34 of the advertising law.
 
III. responsibility for system construction
 
(XIII) establish the internal management system of the platform
 
Establish and publicize online catering service provider review and registration, online catering service provider spot check and monitoring, food safety violations prevention and reporting, serious violations platform service stop, food safety accident disposal and other systems, and implement them effectively.
 
Main basis:Article 29 of the e-commerce law and Article 6 of the measures for the supervision and administration of food safety of online catering services.
 
(XIV) formulate platform service agreement and transaction rules
 
Formulate and continuously publicize the platform service agreement and transaction rules, and clarify the rights and obligations of entering and exiting the platform, online catering service quality assurance, consumer rights and interests protection, personal information protection, etc.
 
Main basis:Articles 32 and 33 of the e-commerce law.
 
(XV) establish a complaint and report handling system
 
Establish and improve the complaint and report handling system, disclose the complaint and report methods, deal with consumers’ food safety complaints and reports in a timely manner, and actively assist consumers to safeguard their legitimate rights and interests.
 
Main basis:Articles 59 and 61 of the e-commerce law, Article 44 of the consumer protection law, and Article 17 of the measures for the supervision and administration of food safety of online catering services.
 
(XVI) establish a credit evaluation system
 
Establish and publicize credit evaluation rules to provide consumers with ways to evaluate the catering services of online catering service providers.
 
Main basis:Article 39 of the e-commerce law.
 
IV. responsibility for assisting in supervision
 
(XVII) provide online ordering information
 
According to the needs of the relevant competent departments for supervision and law enforcement activities, timely provide the main data, order information, payment records, consumer food safety complaints and reports of online catering service providers.
 
Main basis:Article 25 of the e-commerce law and Article 34 of the measures for the supervision and administration of online transactions.
 
(XVIII) take the initiative to report violations
 
If online catering service providers are found to have violated the laws, regulations and rules of market supervision and management, they shall be promptly punished by warning, suspension and termination of services, and immediately report to the local county-level market supervision department.
 
Main basis:Article 29 of the e-commerce law and Article 16 of the measures for the supervision and administration of food safety of online catering services.
 
(XIX) assist in stopping violations行为
 
  市场监管部门依法要求平台对涉嫌违法违规的入网餐饮服务提供者采取暂时不予进入平台经营和暂停、终止平台服务等处置措施的,及时予以配合。
 
  主要依据:《网络交易监督管理办法》第三十四条。