Haikou Network News on February 15 (Reporter Yang Jie) Recently, the State Food and Drug Administration announced the “Administrative Measures on Internet Catering Services” (Consultation Draft). It is clear that providing online catering services on the website requires physical stores and food products. Business license, otherwise, will be imposed a minimum fine of 50,000 yuan, causing social concerns. The reporter learned from the City Food and Drug Administration on the 14th that Hainan unlicensed and unlicensed restaurants are prohibited from selling on the Internet. Once verified, they are severely punished.

Proposed new rules: online ordering requires a physical store

The draft of the consultation clarified that, if food is used to provide catering services, it shall have a physical store and obtain a food business license in accordance with the law, engage in business activities in accordance with the main format and operating items as set out in the food license, and may not operate beyond the scope of business.

In response to third-party Internet catering service platforms, the Opinions Draft proposes that catering service providers should conduct on-site inspections and real-name registration, sign agreements with catering service providers, specify food safety responsibilities, and publicize their food business licenses in a conspicuous position on the main page. . If consumers order food through the online food transaction third-party platform and their legitimate rights and interests are compromised, they may seek compensation from the catering service provider.

Ordering platform: no licenses will be cleared

According to the relevant person in charge of the Shanghai Food and Drug Administration, the request for commentary specifically addresses the supervision of Internet catering services. It is a refinement of the “Measures for Investigation and Quarantine of Internet Food Safety Illegal Practices” that was implemented on October 1, 2016, and aims to further regulate Network food trading behavior to ensure food safety on the Internet.

“Without licenses, all retired from the platform.” The reporter contacted the US group for take-out, hungry, etc. The online food platform customer service was informed that according to regulations, it is necessary to provide food delivery service on the online ordering platform as an essential “gateway” and must To provide business licenses and food business licenses.

The reporter learned that since October 1st last year, with the formal implementation of the "Measures for Investigation and Handling," self-produced food on the Internet is under strict supervision. The unlicensed merchants will be gradually retired by the platform, and the online food transaction third-party platform shall fulfill the corresponding inspection obligation and file with the food and drug supervision department within 30 working days.

Regulatory authorities: No license restaurants are prohibited from selling online

According to the relevant person in charge of the Shanghai Food and Drug Administration, Hainan Food and Drug Administration has made it clear that whether it is on-line or off-line, catering services must be obtained in accordance with the law. Licensed restaurants without licenses are prohibited from selling on the Internet.

The reporter learned that, at present, one of the main regulatory basis for supervision of the online ordering sector is the “Measures for the investigation and handling of Internet food safety violations.” The city's food and drug administration department constantly monitors the online catering platform and organizes food irregularly. Safety knowledge training, at the same time, according to the actual supervision, the platform side will be interviewed, supervise and urge to do a good job of auditing and checking, and jointly guarding the safety of the tongue.

It is reported that once the guiding opinions formally come into effect, Hainan will follow the specific requirements of the State Food and Drug Administration. According to requirements, access to the network catering unit should obtain an effective "food business license" ("Food and Beverage Service License"), banned without permit licenses, borrowed, fraudulent use of licenses, over-range catering units into the network. For previously affiliated catering units that have not been qualified for review, third-party platforms should suspend their network access operations. For those catering units and third-party platforms that have not been legally qualified, they must make mandatory offline processing.

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