Article 1 In order to standardize the business activities of catering services, guide and promote the healthy and orderly development of the catering industry, and safeguard the legitimate rights and interests of consumers and operators, these Measures are formulated in accordance with relevant national laws and regulations.
Article 2 These Measures shall apply to catering business activities in People's Republic of China (PRC).
The term "catering business activities" as mentioned in these Measures refers to the business behavior of making finished or semi-finished products through instant processing, conducting commercial sales and service labor, and providing consumers with food and places and facilities for consumption.
Article 3 The Ministry of Commerce is responsible for the management of the catering industry throughout the country, formulating industry plans, policies and standards, conducting industry statistics and standardizing industry order. The competent commercial departments of local people's governments at all levels shall be responsible for the management of the catering industry within their respective administrative areas.
Article 4 The state encourages catering operators to develop popular catering such as special catering, fast food, breakfast, group meals and food delivery, provide standardized dishes, facilitate consumers to flavor independently, develop self-selected packages and provide small portions of dishes.
Article 5 Catering trade associations shall, in accordance with the provisions of relevant laws, regulations and rules, play the role of self-discipline, guidance and service, promote the popularization and implementation of catering industry standards, and guide enterprises to do a good job in energy conservation, emission reduction, resource conservation and comprehensive utilization.
Catering industry associations should guide catering operators to save resources and oppose waste by formulating industry conventions.
Article 6 Catering operators shall engage in business activities in strict accordance with the relevant provisions of laws, regulations and rules, establish and improve various systems, and actively implement the national standards and industry standards for business management, products and services.
Seventh catering operators should do a good job in energy conservation and emission reduction, resource conservation and comprehensive utilization.
Catering operators should establish a thrifty consumption reminder system, post thrifty signs in a prominent position, and implement thrifty and civilized dining standards.
Article 8 Catering operators shall guide consumers to order food in moderation before meals, take the initiative to help package after meals, and give praise and rewards to consumers who save meals.
Ninth catering operators shall not sell food that does not meet the national mandatory standards for product quality and food safety.
Tenth catering operators shall not dispose of kitchen waste at will, and shall be recycled by qualified enterprises according to regulations.
Eleventh catering operators to sell food or provide services, in accordance with the relevant provisions formulated by the competent price department of the State Council.
Twelfth catering operators are prohibited from setting minimum consumption.
Thirteenth catering operators to provide distribution services, should establish and improve the corresponding service process, and clearly provide the delivery service time, distribution scope and charging standards; According to consumers' orders and food safety requirements, select appropriate transportation tools and equipment, deliver them to consumers on time, with good quality and quantity, and provide corresponding documents.
Fourteenth catering operators to carry out promotional activities, should be clear about the promotional content, including promotional reasons, promotional methods, promotional rules, promotional period, promotional goods range, and related restrictive conditions.
Catering operators should make good preparations for raw material reserves and services before the start of promotional activities, and fulfill relevant obligations as promised.
In the promotion activities, catering operators shall not deliberately delay the provision of related goods or services, and shall not reduce the quality of goods or services in any form.
Fifteenth catering operators should establish and improve the consumer complaint system, clear the specific departments or personnel to accept and handle consumer complaints. The complainant shall be informed of the results of the acceptance, transmission and handling of the complaint.
Sixteenth catering operators should establish and improve emergency plans and response mechanisms, clarify the division of responsibilities, and implement responsibilities. When an emergency occurs, the emergency handling procedure shall be started immediately, and the incident and handling results shall be reported to the relevant government departments in a timely manner.
Article 17 The local commerce authorities at or above the county level shall establish or entrust relevant institutions to establish credit records of business operators, their responsible persons and senior managers, and bring them into a unified national credit information platform, so as to disclose serious illegal and untrustworthy behaviors to the public according to law. Catering operators and their responsible persons and senior managers shall provide credit information related to catering operations in accordance with the requirements of the competent commercial department.
The competent department of commerce shall summarize the acts and administrative penalties of catering operators in violation of these measures, establish archives of bad records, and announce them to the public.
Article 18 The local competent commercial departments at or above the county level shall regularly supervise and inspect the activities related to anti-kitchen waste in the catering industry, and give corresponding rewards or punishments.
Nineteenth local commercial departments at or above the county level shall regularly carry out the statistical work of the catering industry within their respective administrative areas. Catering operators shall, in accordance with the requirements of the competent department of commerce, submit relevant information in a timely and accurate manner.
Twentieth commercial departments should establish and improve the reporting system, set up and publish the complaint telephone number.
Any organization or individual has the right to report violations of these measures to the competent commercial department. After receiving the report, the competent commercial department shall make a decision within 20 working days if it falls within the scope of its duties; If it is not within the scope of duties, it shall be handed over to the relevant departments for legal treatment within 5 working days. In the process of handling, the competent commercial department shall keep confidential the relevant information of the informant.
Twenty-first departments in charge of commerce and price shall, in accordance with laws, regulations, rules and relevant provisions, supervise and manage the business activities of the catering industry within their respective functions and duties.
For catering operators who violate these measures, if there are provisions in laws, regulations and rules, the competent commercial department may request the relevant departments to be punished according to law; If there are no provisions, the competent commerce department shall order it to make corrections within a time limit. If there are illegal gains, it may be fined less than 3 times of the illegal gains, but the maximum amount shall not exceed 30,000 yuan; If there is no illegal income, a fine of 1000 yuan may be imposed; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
The competent department of commerce and price shall, within 20 working days from the date of making the decision on administrative punishment, disclose the main contents of the decision on administrative punishment, but if the contents of the decision on administrative punishment involve state secrets, commercial secrets and personal privacy, they shall not be disclosed according to law.
Twenty-second commercial, price and other departments in charge of staff abuse of power in the supervision and management, favoritism, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-third provincial commerce departments may, in accordance with these measures, formulate relevant implementation measures in combination with the actual situation of the development of catering industry within their respective administrative areas.
Article 24 These Measures shall be implemented as of 2014110/0/0, 65438. In order to standardize the business activities of catering services, guide and promote the healthy and orderly development of the catering industry, and safeguard the legitimate rights and interests of consumers and operators, the Ministry of Commerce and the National Development and Reform Commission jointly issued the Measures for the Administration of Catering Industry (for Trial Implementation) on September 22, 20 14 (hereinafter referred to as the "Measures"), and the relevant issues are now explained as follows:
First, the necessity of formulating the Measures
The catering industry is an important part of the service industry, which is closely related to people's lives and plays an important role in safeguarding people's lives, improving people's quality of life, expanding consumption and promoting employment. Since the reform and opening up, China's catering industry has developed rapidly, and the national catering revenue has increased from 5.48 billion yuan in 1978 to 2,539.2 billion yuan in 20 13, an increase of 462 times, initially forming a development pattern of diversified investment subjects, diversified business formats, chained business methods and popular market demand. With the improvement of the income level of urban and rural residents, the acceleration of life rhythm and the change of consumption concept, the catering industry will still present great development potential and market space. At present, there are more than 2.4 million catering enterprises in China, with more than 2 1 10,000 employees. The position and function of catering industry in the national economy is becoming more and more obvious, and it has become an important industry with great influence on social economy and people's lives.
At the same time of rapid development, the catering industry also has some outstanding problems, such as weak food safety guarantee ability, insufficient innovation ability, urgent improvement of service quality, imperfect system construction and modernization level. There is still a certain gap between the catering industry and the people's growing demand for catering services. Especially in recent years, the catering industry needs to change its development mode, accelerate the transformation and development, and return to essence, rationality and mass consumption under the background of the whole society's action of practicing economy and opposing extravagance and waste.
For a long time, China's catering industry lacks national unified industry regulations, and many departments have assumed certain management responsibilities, which makes the industry management both overlapping and blind spots. In this case, in order to standardize the business activities of the catering industry and maintain market order, it is necessary for the competent department of the catering industry to formulate unified industry management measures with relevant ministries and commissions to promote the healthy and orderly development of the catering industry from multiple angles and in all directions. According to the "Three Definitions" plan of the State Council, the Ministry of Commerce is responsible for the industry management of commerce and trade services (including catering industry). Formulating "Measures" is an important way to strengthen industry management. The promulgation of the "Measures" is conducive to solving the outstanding problems faced by the development of the catering industry, promoting the standardized and orderly development of the catering industry, practicing economy, opposing extravagance and waste, optimizing the development structure of the catering industry, improving the development level of the catering industry, ensuring and improving people's lives, expanding domestic demand, and promoting employment. It is also the need for management departments to perform their management duties according to law.
Two. Main contents of the Measures
The structural framework of Article 24 of the Measures is as follows:
(1) General provisions (Article 65,438 +0-5). The main contents include: legislative purpose, formulation basis, scope of application, definition of catering business concept, responsibilities of competent departments, obligations of trade associations and encouragement of popular catering development.
(2) Operation of catering enterprises (Article 6- 16). The main contents include: operating according to law, implementing standards, energy saving and emission reduction, opposing kitchen waste, not selling unqualified food, kitchen waste treatment, clearly marking the price, prohibiting the establishment of minimum consumption, food delivery service, promotion activities, complaint system, emergency management and other aspects of the catering service process, and clearly putting forward the requirements for catering enterprises.
(3) Duties of local commercial authorities (Article 17-20). The main contents include credit construction, opposition to food waste, industry statistics and reporting system.
(4) Legal liability (Article 265438 +0-22). It mainly stipulates that the competent department of commerce and price shall supervise and manage the catering business according to law, the specific punishment measures that can be implemented according to the behavior of catering enterprises in violation of normative documents, and the legal responsibilities that relevant staff members should bear for abusing their powers and engaging in malpractices for selfish ends.
(5) Supplementary clauses (Articles 23 to 24). The local competent commerce department may formulate local implementation measures and implementation dates.
Three. Main problems solved by measures
(A) a clear concept of catering enterprises. In recent years, the market segmentation of catering has been deepened, and various formats have emerged, including: dinner, breakfast, fast food, group meal, special New Year's Eve dinner, local snacks, community catering, leisure catering, theme catering, take-away food delivery, food court, food stall in food street, farmhouse music, and supporting central kitchen, distribution, online ordering, eating out and other service forms. The connotation of catering business is extremely rich, but the lack of a clear definition makes the definition of catering industry unclear. In order to accurately regulate the main body of the industry and better perform the management of the catering industry by the commercial department, the Measures define the catering business activities according to the classification of the national economy, that is, "making finished or semi-finished products through instant processing, commercial sales and service labor, etc., to provide consumers with food and places and facilities for consumption." . This definition emphasizes the characteristics of ready-to-eat processing in catering business activities, covering food production and service labor.
(B) standardized the business practices of enterprises. There are some outstanding problems in the catering industry, which are mainly manifested as follows: first, the business behavior of operators needs to be standardized, and the government needs guidance and management in food sales and resource conservation; Second, there is the phenomenon of extravagant consumption and extravagance; Third, there is controversy in society about setting minimum consumption for some catering enterprises; Fourth, the service level needs to be improved urgently, and the behavior in daily operation, distribution service, promotion activities and complaint handling needs to be further standardized; Fifth, the construction of emergency system needs to be improved. To this end, the "Measures" regulate and guide the business behavior of catering operators. In terms of resource utilization and opposition to waste, the Measures clarify that catering enterprises should do a good job in resource conservation and comprehensive utilization; Guide consumers to save money and order food in moderation; Dispose of kitchen garbage. In terms of food sales, the "Measures" clarify that catering enterprises may not sell unqualified food. In terms of plain code pricing, the Measures stipulate that catering enterprises shall price the food they sell or the services they provide in accordance with state regulations, and shall not set minimum consumption. In terms of delivery and promotion services, the "Measures" stipulate that catering enterprises should clearly indicate the service time, delivery scope and charging standards when providing delivery services, and fulfill their commitments on time, quality and quantity as required; When carrying out promotional activities, clearly state the reasons, methods, rules and other information of the promotion, and fulfill relevant obligations as promised. In terms of complaint acceptance and emergency response, the Measures stipulate that catering enterprises should establish and improve the customer complaint system, clarify the acceptance personnel and inform the complainant of the handling results in a timely manner; Establish and improve emergency plans and response mechanisms, clarify the division of responsibilities, handle emergencies in a timely manner and report to relevant departments.
(3) Put forward requirements for employees. For a long time, due to the serious brain drain in the catering industry, the lack of high-quality talents, the training of professional managers and professional training lags behind, and the quality of employees generally needs to be improved. In reality, some catering enterprises often lower their requirements and hire people who do not meet the requirements of credit construction and professional ethics, which brings many hidden dangers. The "Measures" clearly stated that it is necessary to strengthen the management of credit records of employees in catering main bodies, incorporate them into a unified national credit information platform, and disclose serious violations of laws and regulations to the public according to law. Responsible persons and senior managers of catering enterprises shall provide relevant credit information as required. At the same time, the "Measures" clearly stipulate that catering practitioners should correctly guide ordering, do a good job in delivery services and ensure the quality of promotional services, which will help improve the quality of employees in the catering industry, improve service quality and guide the sustained and healthy development of the catering industry.
(four) the provisions of industry management responsibilities. The Ministry of Commerce is the competent department of catering industry. The Second Plenary Session of the Seventeenth Central Committee clearly put forward "industry management", which is to give full play to the role of industry management departments in formulating and organizing the implementation of industrial policies, industry planning and national standards, standardize the business service activities of enterprises, and guide and promote the healthy development of the industry. In reality, catering business activities involve the management of many government departments, and the related work overlaps, which affects the standardization and management of the catering industry. The promulgation of the "Measures" has made it clear that the responsibilities of the competent commercial departments are mainly to formulate industry development plans, policies and standards, supervise the behavior of catering service operators, develop the industry credit system, establish bad record files, oppose food waste, strengthen industry statistics and business monitoring, and establish a complaint reporting system to guide operators to deal with emergencies. At the same time, taking into account the great differences in the development of catering industry in different places, the Measures specifically stipulate that provincial-level commercial authorities may formulate relevant implementation measures in light of the actual situation of the development of catering industry in their respective administrative areas.
(v) Clarify the role of trade organizations. The catering industry association has done a lot of work in strengthening industry self-discipline, safeguarding enterprise interests, strengthening business communication, advocating catering economy, popularizing advanced technology and cultivating talents, which has played an important role in promoting the healthy development of the industry. The report of the 18th National Congress of the Communist Party of China pointed out that it is necessary to speed up the formation of a modern social organization system with separate politics and society, clear rights and responsibilities, and autonomy according to law, and further give play to the role of trade associations. To this end, the "Measures" clarify the responsibilities of industry associations, and clearly propose that catering industry associations should play the role of self-discipline, guidance and service in accordance with relevant laws, regulations and rules, promote the popularization and implementation of catering industry standards, and guide enterprises to do a good job in energy conservation, emission reduction, resource conservation and comprehensive utilization; By formulating industry conventions, we will guide catering operators to save resources and oppose waste.
(6) Clarify relevant legal responsibilities. Clear catering operators in violation of these measures, laws, regulations, rules and regulations, the competent department of commerce can draw the relevant departments to be punished according to law; If there are no provisions, the competent commerce department shall order it to make corrections within a time limit. If there are illegal gains, it may be fined less than 3 times of the illegal gains, but the maximum amount shall not exceed 30,000 yuan; If there is no illegal income, a fine of 1000 yuan may be imposed; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Fourth, the practical significance of the promulgation of the Measures.
(A) the transformation of government functions. The Third Plenary Session of the 18th CPC Central Committee proposed that in order to accelerate the transformation of government functions and innovate administrative management methods, the government should strengthen the formulation and implementation of development strategies, plans, policies and standards, strengthen the supervision of market activities and strengthen the provision of various public services. Stimulate the vitality of social organizations, and promote social organizations to clarify their rights and responsibilities, autonomy according to law, and play a role; Support enterprises to play an important role in supporting growth, promoting innovation, expanding employment and increasing taxes. The Measures implement the spirit of the Third Plenary Session of the 18th CPC Central Committee, properly handle the relationship between the government and the market, the central and local governments, and the government and industry organizations, adhere to the combination of giving full play to the role of the market and improving government functions, give greater play to the basic role of the market in allocating resources, strengthen the dominant position of enterprises in the market, and enhance the government's public service, market supervision and macro-control capabilities. On the basis of pragmatic innovation, we should straighten out the management system of the catering industry, enrich the guiding methods of the catering industry and improve the classified supervision content of the catering industry. Strengthen cooperation with catering enterprises and industry organizations, play the role of industry self-discipline and industry guidance, and actively provide services for catering enterprises.
(2) Standardize the behaviors of relevant responsible parties. Catering enterprises, service personnel and consumers are the three core subjects of catering services. As the main body of the market, catering enterprises determine the overall structure, format distribution and development model of the catering market, produce the food that consumers need and provide corresponding services; Service personnel directly face consumers, and their service attitude and service ability directly affect consumers' satisfaction with catering services; Consumers directly participate in food and beverage consumption, hoping to get cheap products and high-quality services, and react strongly to the problems existing in the current food and beverage market, such as food safety and unreasonable charges. The quality of the catering market is directly related to the three parties. To this end, the "Measures" respectively regulate the business behavior, service personnel and consumers of enterprises according to the interests and responsibilities of the three parties, and clarify the responsibilities, rights and obligations of the three parties, so that disputes can be legally based and well documented, which is of positive significance to promoting the healthy and sustainable development of the industry.
(c) Clarified the unclear minimum consumption problem in the past. For a long time, there has been great controversy in society about some catering enterprises charging "bottle opening fee", "private room fee" and setting "minimum consumption" (referred to as "three fees"). From the management point of view, catering enterprises think it is reasonable to collect and set up these "three fees" because they provide service places for consumers and spend labor, rent, water and electricity fees and related services. From the perspective of consumers' own interests and rights, it is generally believed that catering enterprises should not charge and set up these "three fees". The current contract law, consumer protection law, anti-unfair competition law, price law and other laws do not explicitly prohibit the "three fees" in the catering industry. Judging from the case precedent, the court only defined whether the behavior of catering enterprises violated consumers' right to know in the previous judgment.
During the legislative process of the Measures, the Ministry of Commerce extensively solicited opinions from all walks of life and relevant ministries and commissions, and conducted in-depth research on these issues. After careful study, the "Measures" made a clear prohibition on setting minimum consumption, mainly based on the following three considerations: First, setting minimum consumption is obviously mandatory and infringes on the rights and interests of consumers. Secondly, according to the relevant judicial interpretation of the Supreme People's Court in February 2065438+2004, the minimum consumption set by catering enterprises is an unfair and unreasonable provision that catering operators use their dominant position to increase consumers' responsibilities. Third, setting a minimum consumption often leads to excessive consumption and encourages extravagance and waste. On March 20 14, China Office and China * * * issued "Opinions on Strictly Saving and Opposing Food Waste" (China Office [2065438+04] No.22), proposing that catering enterprises should not set minimum consumption in order to promote scientific and civilized catering consumption mode.
The "Measures" clearly stipulates that the minimum consumption is prohibited, which is conducive to standardizing the market order, protecting consumers' rights and interests, guiding the new fashion of civilized, scientific and healthy catering consumption, and is also conducive to the further transformation and development of the catering industry.
(4) to promote strict economy and oppose food waste. Since 20 13, the media has widely exposed the waste phenomenon in the catering field, which is shocking. The broad masses of cadres and the masses have a very strong voice for stopping waste. The central leadership has made important instructions to resolutely curb food and beverage waste, and the whole society has widely carried out actions to practice economy and oppose extravagance and waste. In this context, new requirements are put forward for the development of catering industry. For the catering industry, it is an unshirkable social responsibility to put an end to catering waste. Catering enterprises are not only providers of catering services, but also advocates of healthy catering culture. To this end, the "Measures" clearly stipulate that the catering industry should practise economy, oppose food waste, encourage enterprises to provide standardized dishes, develop optional packages, and provide small dishes; Establish a frugal consumption reminder system, post frugal signs in eye-catching positions, and implement frugal and civilized dining standards; Guide consumers to order food in moderation before meals, take the initiative to help pack after meals, and give praise and rewards to consumers who save meals. Relevant regulations are conducive to the catering industry to implement the eight central regulations, practice socialist core values, consciously practice economy, put an end to waste, oppose extravagance and waste, accelerate economic development and enhance development vitality.
(V) To lay a foundation for the construction of industry credit system. For a long time, the market order of catering industry is not standardized, the consumption environment is not safe enough, and there are a lot of credit problems in business activities, such as food safety incidents, counterfeiting, false promotion, commercial fraud, infringement of intellectual property rights and so on. , seriously affected the healthy development of the industry and social stability and harmony. The promulgation of the "Measures" is conducive to promoting the construction of the credit system of catering enterprises, establishing a service quality assessment and service satisfaction evaluation system, improving the credit records of enterprises, establishing and improving the reward and punishment mechanism for dishonesty, and promoting enterprises to improve their credit management level. It has laid a foundation for promoting the construction of honesty management, promoting honesty culture, striving to create a good social consumption environment and establishing the honesty system of catering industry.