Measures for the Supervision and Administration of Food Safety in Online Catering Services

Measures for the Supervision and Administration of Food Safety in Online Catering Services Order of the China Food and Drug Administration (No. 36) The Measures for the Supervision and Administration of Food Safety in Online Catering Services , as deliberated and adopted at the executive meeting ofthe China Food and Drug Administration on September 5, 2017, are hereby issued and shall come into force on January 1, 2018. Director: Bi Jingquan November 6, 2017 Measures for the Supervision and Administration of Food Safety in Online Catering Services Article 1 To strengthen the supervision and administration of food safety in online catering services, regulate the operations of online catering services, guarantee food safety in catering services, and protect public health, these Measures are developed in accordance with the Food Safety Law of the People's Republic of China and other laws and regulations. Article 2 These Measures shall apply to the provision of catering services through the Internet by providers of third-party online catering service platforms, and catering service providers providing catering services through third-party platforms and self-built websites (hereinafter referred to as “online catering service providers”) within the territory of China, and the supervision and administration thereof. Article 3 The China Food and Drug Administration shall take charge of guiding the supervision and administration of food safety in online catering services nationwide, and organizing and conducting the monitoring of food safety in online catering services. The local food and drug supervision and administration departments at or above the country level shall take charge of the supervision and administration of food safety in online catering services within their respective administrative regions. Article 4 Online catering service providers shall have physical retail stores and obtain food operation permits in accordance with the law, and engage in operations on the basis of the business forms and operation items specified on food operation permits, and shall not operate beyond the business scope. Article 5 The provider of a third-party online catering service platform shall, within 30 working days upon approval by the competent communications department, undergo the recordation formalities with the provincial food and drug supervision and administration department at the place where it is located. A catering service provider with a self-built website shall, within 30 working days after undergoing the recordation formalities with the competent communications department, undergo the recordation formalities with the food and drug supervision and administration department at the county level at the place where it is located. The contents of recordation shall include domain name, IP address, telecommunications business permit or recordation number, enterprise name and address, and name of its legal representative or person in charge, among others. Where the provider of a third-party online catering service platform forms a branch engaging in online catering services, it shall, within 30 working days after the formation of the branch, undergo the recordation formalities with the food and drug supervision and administration department at the county level at the place where the branch is located. The contents of recordation shall include the name and address of the branch, and the name of its legal representative or person in charge, among others. The food and drug supervision and administration department shall disclose to the public the relevant recordation information in a timely manner. Article 6 The provider of a third-party online catering service platform shall establish and implement the systems for the examination and registration of online catering service providers, stopping and reporting of violations of food safety laws, shutoff of platform services for serious violation of laws, and disposal of food safety accidents, among others, and publicly disclose the relevant systems on the Internet platform. Article 7 The provider of a third-party online catering service platform shall establish a specialized food safety administration institution staffed with full-time food safety administration personnel who shall be trained and assessed annually. The training and assessment records shall be preserved for a period of not less than two years. Whoever is assessed as incompetent in food safety administration shall not hold the relevant position. Article 8 Provider of third-party online catering service platforms shall examine the food operation permits of online catering service providers, register the information such as online catering service providers' names and addresses and legal representatives or persons in charge and their contact information, and ensure the operation places and other licensing information specified on the food operation permits of online catering service providers are true. The provider of a third-party online catering service platform shall conclude a food safety agreement with an online catering service provider tospecify the responsibilities for food safety. Article 9 The provider of a third-party online catering service platform and an online catering service provider shall publish the food operation permit of the catering service provider on the homepage for the catering service operations. Where the food operation permit or any other information changes, the information published on the homepage shall be updated in a timely manner. Article 10 The provider of a third-party online catering service platform and an online catering service provider shall publish online the name, address and quantitative classification information of the catering service provider, and the information published shall be true. Article 11 An online catering service provider shall publish online the names of dishes and the names of main raw materials on the Internet, and the information published shall be true. Article 12 Where the provider of a third-party online catering service platform provides food containers, cutlery and packaging materials, such food containers, cutlery and packaging materials shall be non-toxic and clean. The provider of a third-party online catering service platform shall be encouraged to provide biodegradable food containers, cutlery and packaging materials. Article 13 The provider of a third-party online catering service platform and an online catering service provider shall strengthen the training and administration of food deliverymen on food safety. Where any food delivery entity is entrusted with food delivery, the food delivery entity shall strengthen the training and administration of food deliverymen on food safety. Training records shall be kept for a period of not less than two years. Article 14 Deliverymen shall maintain personal hygiene, use safe and non-hazardousdelivery containers, keep containers clean, and periodically clean and disinfect them. Deliverymen shall verify the delivered food, and ensure food is not contaminated during the delivery thereof. Article 15 The provider of a third-party online catering service platform and a catering service provider with a self-built website shall fulfill the obligation of recording, and faithfully record the order information in online meal ordering, including food name, deliveryman, the time when an order is placed, time of delivery and delivery address, and such information shall be preserved for a period of not less than six months. Article 16 The provider of a third-party online catering service platform shall conduct random inspections a......