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Xinghua Municipal Market Supervision Bureau Qu Hui
Since the establishment of the market supervision department, with the full integration of institutions, personnel and responsibilities and the continuous decentralization of regulatory powers, the supervision objects and supervision contents of grass-roots sub-bureaus have been continuously expanded, and the concepts and methods of supervision and management have also been continuously changed
.
As a hot spot of people's livelihood and a risk point of supervision work, catering food has gradually become the focus and difficulty
of supervision work of grass-roots sub-bureaus.
Combined with the practice of grass-roots supervision, the author investigates the current situation of food safety in catering, actively thinks about the difficulties and countermeasures of regulatory work, and makes the following brief analysis
.
.
As a hot spot of people's livelihood and a risk point of supervision work, catering food has gradually become the focus and difficulty
of supervision work of grass-roots sub-bureaus.
Combined with the practice of grass-roots supervision, the author investigates the current situation of food safety in catering, actively thinks about the difficulties and countermeasures of regulatory work, and makes the following brief analysis
.
The current situation of food and beverage operations
Basic situation: The author's sub-bureau is located in the main urban area, the catering in the jurisdiction is dense, and there are 467 various types of catering, such as according to the operating area, extra-large, large, medium-sized, small and micro catering accounted for 0.
4%, 3.
4%, 16.
7%, 21.
9% and 57.
6% of the total respectively; For example, according to the type of business, restaurants, snack bars, hot pot restaurants, fast food restaurants and beverage shops that mainly produce and sell Chinese food account for 40%, 30%, 13%, 9% and 8% of the total respectively; For example, according to the statistics of network operation, 57.
6% of the total number of online meal ordering services are engaged; The overall catering in the jurisdiction shows the characteristics of
many, small and scattered.
Since the reform of the market regulatory authorities, under the great attention of the higher departments and the active actions of the grass-roots sub-bureaus, the supervision resources have been further integrated, the work has been further enhanced, the regulatory coverage and coverage have been comprehensively improved, and the food poisoning accidents have been effectively curbed
.
Through regulatory practice, it has also been found that there are still some problems and hidden dangers
in the catering process.
4%, 3.
4%, 16.
7%, 21.
9% and 57.
6% of the total respectively; For example, according to the type of business, restaurants, snack bars, hot pot restaurants, fast food restaurants and beverage shops that mainly produce and sell Chinese food account for 40%, 30%, 13%, 9% and 8% of the total respectively; For example, according to the statistics of network operation, 57.
6% of the total number of online meal ordering services are engaged; The overall catering in the jurisdiction shows the characteristics of
many, small and scattered.
Since the reform of the market regulatory authorities, under the great attention of the higher departments and the active actions of the grass-roots sub-bureaus, the supervision resources have been further integrated, the work has been further enhanced, the regulatory coverage and coverage have been comprehensively improved, and the food poisoning accidents have been effectively curbed
.
Through regulatory practice, it has also been found that there are still some problems and hidden dangers
in the catering process.
Unlicensed operations are difficult to eliminate completely
.
In recent years, through the governance of unlicensed operation, the catering service license holding rate has increased significantly, but there are still a few who have not obtained a valid "Food Business License", the reason is that due to the competitive incentives of the catering industry, frequent transfers, and the license cannot be changed in time; Second, preventive health supervision has not yet formed a social consensus, and the phenomenon of catering opening first and approval is common, and it is often impossible to meet the standards at one time during review, which affects the progress
of evidence collection to a certain extent.
Third, because the catering industry involves environmental protection problems such as fumes and noise, the registration threshold is relatively high compared with other industries, and a small number of owners cannot apply for licenses due to the nature of the house, and this part of the owners have no shortage of laid-off workers and vulnerable groups, which is difficult to forcibly ban
.
.
In recent years, through the governance of unlicensed operation, the catering service license holding rate has increased significantly, but there are still a few who have not obtained a valid "Food Business License", the reason is that due to the competitive incentives of the catering industry, frequent transfers, and the license cannot be changed in time; Second, preventive health supervision has not yet formed a social consensus, and the phenomenon of catering opening first and approval is common, and it is often impossible to meet the standards at one time during review, which affects the progress
of evidence collection to a certain extent.
Third, because the catering industry involves environmental protection problems such as fumes and noise, the registration threshold is relatively high compared with other industries, and a small number of owners cannot apply for licenses due to the nature of the house, and this part of the owners have no shortage of laid-off workers and vulnerable groups, which is difficult to forcibly ban
.
The internal management of the catering industry is not in good
quality.
First, the cultural quality of employees is generally low, the learning ability is insufficient, and the legal knowledge of food safety is lacking; Second, although the Food Safety Law strengthens the main responsibility of enterprises for employee training, the concept of emphasizing economic benefits and light safety management of catering, which is mostly small and medium-sized, has not fundamentally changed, and it is difficult to fully and effectively implement the internal safety management system and operating specifications of enterprises; Third, the mobility of employees is strong, the rate of temporary personnel such as hourly workers and summer workers holding certificates is low, and after the cancellation of the fee for preventive health examinations, the health certificate processing cycle has become longer, resulting in the phenomenon of first taking up work and then applying for certificates
.
quality.
First, the cultural quality of employees is generally low, the learning ability is insufficient, and the legal knowledge of food safety is lacking; Second, although the Food Safety Law strengthens the main responsibility of enterprises for employee training, the concept of emphasizing economic benefits and light safety management of catering, which is mostly small and medium-sized, has not fundamentally changed, and it is difficult to fully and effectively implement the internal safety management system and operating specifications of enterprises; Third, the mobility of employees is strong, the rate of temporary personnel such as hourly workers and summer workers holding certificates is low, and after the cancellation of the fee for preventive health examinations, the health certificate processing cycle has become longer, resulting in the phenomenon of first taking up work and then applying for certificates
.
There are still certain risks and hidden dangers
in catering food.
First, the source risk of breeding and production and processing links still exists, the catering link is at the end of the food processing chain, and the risks generated by the upstream eventually appear and erupt downstream; Second, risk prevention and control is not in place, some catering raw materials purchase inspection, ticket request can not be strictly and conscientiously performed, resulting in raw materials are difficult to trace the source, quality is difficult to control, the use of "three no" food, unlabeled prepackaged food, uninspected quarantine food, expired food and other phenomena occur
from time to time.
in catering food.
First, the source risk of breeding and production and processing links still exists, the catering link is at the end of the food processing chain, and the risks generated by the upstream eventually appear and erupt downstream; Second, risk prevention and control is not in place, some catering raw materials purchase inspection, ticket request can not be strictly and conscientiously performed, resulting in raw materials are difficult to trace the source, quality is difficult to control, the use of "three no" food, unlabeled prepackaged food, uninspected quarantine food, expired food and other phenomena occur
from time to time.
New formats bring new food safety problems
.
While ordering food online brings convenience to consumers, it also brings new problems and challenges
to food safety supervision.
First, according to the provisions of the "Food Business Licensing Measures", there must be physical stores under the line of online ordering, some network operators in order to collect evidence, offline to make a small façade, according to the licensing standards, inspectors should be small or micro catering to audit, no dining places can also be licensed according to food sales formats, the threshold is low, and the actual amount of online orders can not be estimated, and the conditions of its processing places are often incompatible with the actual order volume and variety, which brings confusion to the licensing work and also lays hidden dangers for food safety
。 Second, a large number of online orders have caused a huge increase in the use of disposable tableware and packaging containers, and whether the materials of these tableware and containers meet food safety standards has become a new hidden worry
.
.
While ordering food online brings convenience to consumers, it also brings new problems and challenges
to food safety supervision.
First, according to the provisions of the "Food Business Licensing Measures", there must be physical stores under the line of online ordering, some network operators in order to collect evidence, offline to make a small façade, according to the licensing standards, inspectors should be small or micro catering to audit, no dining places can also be licensed according to food sales formats, the threshold is low, and the actual amount of online orders can not be estimated, and the conditions of its processing places are often incompatible with the actual order volume and variety, which brings confusion to the licensing work and also lays hidden dangers for food safety
。 Second, a large number of online orders have caused a huge increase in the use of disposable tableware and packaging containers, and whether the materials of these tableware and containers meet food safety standards has become a new hidden worry
.
Regulatory difficulties and problems
Regulatory power is relatively lagging behind
.
After the institutional reform, although the strength has been integrated, but the grass-roots sub-bureau power continues to increase, and the staffing has not increased proportionally, the supervision personnel face many business lines, often wear several positions, lack of skills, in the case of increasingly heavy supervision work, immersed in the study of business time and energy is insufficient, the level of supervision, supervision quality is difficult to effectively improve, in the face of the current complex and severe regulatory work situation, regulatory strength and specialized talents are relatively lacking
.
.
After the institutional reform, although the strength has been integrated, but the grass-roots sub-bureau power continues to increase, and the staffing has not increased proportionally, the supervision personnel face many business lines, often wear several positions, lack of skills, in the case of increasingly heavy supervision work, immersed in the study of business time and energy is insufficient, the level of supervision, supervision quality is difficult to effectively improve, in the face of the current complex and severe regulatory work situation, regulatory strength and specialized talents are relatively lacking
.
Regulatory capacity is insufficient
.
First, in the face of increasingly diversified catering formats, the existing law enforcement equipment can no longer meet the needs of the new situation and new tasks, especially for the big data analysis of online food operations, real-time monitoring of illegal acts and evidence collection and other equipment and capabilities are insufficient, most of them also rely on the self-inspection and self-discipline of third-party platforms, and the means of high-tech supervision by grass-roots personnel are low
.
Second, the effectiveness of inspection and testing resources is not high
.
In the face of complex categories of catering homemade food, tableware, packaging materials and other products, grass-roots testing institutions still have the contradiction of improving testing equipment and relatively lagging behind in the introduction of technical strength and talent, the pertinence and targeting of supervision and sampling are not high, and the ability to find problematic products is still insufficient
.
.
First, in the face of increasingly diversified catering formats, the existing law enforcement equipment can no longer meet the needs of the new situation and new tasks, especially for the big data analysis of online food operations, real-time monitoring of illegal acts and evidence collection and other equipment and capabilities are insufficient, most of them also rely on the self-inspection and self-discipline of third-party platforms, and the means of high-tech supervision by grass-roots personnel are low
.
Second, the effectiveness of inspection and testing resources is not high
.
In the face of complex categories of catering homemade food, tableware, packaging materials and other products, grass-roots testing institutions still have the contradiction of improving testing equipment and relatively lagging behind in the introduction of technical strength and talent, the pertinence and targeting of supervision and sampling are not high, and the ability to find problematic products is still insufficient
.
Legal tools are difficult to control
.
The reform of the grass-roots market regulatory authorities coincides with the promulgation and implementation of the revision of the new "Food Safety Law", in the daily supervision supplemented by the use of inspection methods, the number of cases in the grass-roots sub-bureaus has shown a rising momentum, but contrary to the legislative purpose of the most stringent "Food Law" in history, there are generally few large and important cases in the field of food and catering, because a large number of small and micro catering that occupy the market dominance are difficult to bear the high fines of more than 50,000 yuan in the current law, and the punishment mitigation procedures at the grass-roots level law enforcement do not dare to use easily.
The difficulty of punishment enforcement also leads to the fact that case-handling personnel are often unwilling to pour too much energy into the catering process in addition to reporting complaints, and the authority of law enforcement has not yet been truly formed
.
.
The reform of the grass-roots market regulatory authorities coincides with the promulgation and implementation of the revision of the new "Food Safety Law", in the daily supervision supplemented by the use of inspection methods, the number of cases in the grass-roots sub-bureaus has shown a rising momentum, but contrary to the legislative purpose of the most stringent "Food Law" in history, there are generally few large and important cases in the field of food and catering, because a large number of small and micro catering that occupy the market dominance are difficult to bear the high fines of more than 50,000 yuan in the current law, and the punishment mitigation procedures at the grass-roots level law enforcement do not dare to use easily.
The difficulty of punishment enforcement also leads to the fact that case-handling personnel are often unwilling to pour too much energy into the catering process in addition to reporting complaints, and the authority of law enforcement has not yet been truly formed
.
The supervision mechanism still needs to be improved
.
In recent years, although food consumption complaints and reports are increasing, but most of them are concentrated in online food and circulating food, the proportion of catering complaints is not large, although we continue to improve the design of the regulatory system, but consumers still focus on the price and taste of dishes, and the attention to the environmental hygiene of the back kitchen, the licensed and unlicensed, the level of quantitative level and other aspects has not yet reached the height
it should be.
In addition, the integrity system of the catering industry has not yet been fully formed, and the means of punishment for untrustworthiness have not yet released their power
.
.
In recent years, although food consumption complaints and reports are increasing, but most of them are concentrated in online food and circulating food, the proportion of catering complaints is not large, although we continue to improve the design of the regulatory system, but consumers still focus on the price and taste of dishes, and the attention to the environmental hygiene of the back kitchen, the licensed and unlicensed, the level of quantitative level and other aspects has not yet reached the height
it should be.
In addition, the integrity system of the catering industry has not yet been fully formed, and the means of punishment for untrustworthiness have not yet released their power
.
Countermeasure thinking
Strengthen the strength and enhance the supervision capacity
.
First, in view of the particularity and professionalism of the field of people's livelihood supervision such as food and drugs, while approving the establishment and recruitment of civil servants and introducing professional talents every year, we can explore the establishment of additional assistant manager posts in grass-roots sub-bureaus, increase local financial investment in personnel and equipment, and enrich the supervision force; Second, there should be a new improvement
in testing capabilities.
While strengthening the construction of hardware, grass-roots testing institutions continue to introduce technical personnel, formulate scientific sampling plans, optimize testing varieties and indicators, improve the pertinence and targeting of sampling, and enhance the effectiveness of
testing resources.
.
First, in view of the particularity and professionalism of the field of people's livelihood supervision such as food and drugs, while approving the establishment and recruitment of civil servants and introducing professional talents every year, we can explore the establishment of additional assistant manager posts in grass-roots sub-bureaus, increase local financial investment in personnel and equipment, and enrich the supervision force; Second, there should be a new improvement
in testing capabilities.
While strengthening the construction of hardware, grass-roots testing institutions continue to introduce technical personnel, formulate scientific sampling plans, optimize testing varieties and indicators, improve the pertinence and targeting of sampling, and enhance the effectiveness of
testing resources.
Improve legislation and enhance the effectiveness of laws
.
The legislative department is called upon to promptly revise the legal provisions of the Food Safety Law that are not adapted to the current economic development and supervision reality, and make corresponding adjustments to the food industry in terms of the scope of punishment according to its main nature, industrial scale, and production and operation formats, so as to make the basis for punishment more scientific and enforceable
.
.
The legislative department is called upon to promptly revise the legal provisions of the Food Safety Law that are not adapted to the current economic development and supervision reality, and make corresponding adjustments to the food industry in terms of the scope of punishment according to its main nature, industrial scale, and production and operation formats, so as to make the basis for punishment more scientific and enforceable
.
Strengthen access and improve the quality of online catering
.
Carefully review and control the food business operators that apply for online operations, conduct risk assessments on the conditions of processing sites and environmental facilities, and conduct low-standard reviews for online ordering operators that do not provide dining places and facilities offline, and should comprehensively consider their online business projects, conduct offline audits after scientific characterization according to the characteristics of dishes and processing technology requirements, and supervise the implementation of purchase inspection and traceability management of disposable tableware and packaging materials for meal ordering.
And it will be included in the daily supervision and sampling of key varieties to prevent potential food safety risks
.
.
Carefully review and control the food business operators that apply for online operations, conduct risk assessments on the conditions of processing sites and environmental facilities, and conduct low-standard reviews for online ordering operators that do not provide dining places and facilities offline, and should comprehensively consider their online business projects, conduct offline audits after scientific characterization according to the characteristics of dishes and processing technology requirements, and supervise the implementation of purchase inspection and traceability management of disposable tableware and packaging materials for meal ordering.
And it will be included in the daily supervision and sampling of key varieties to prevent potential food safety risks
.
Multi-party linkage, the implementation of comprehensive governance
.
Under the trend of comprehensive law enforcement system reform, grass-roots governments can take the lead in integrating the strength of functional departments such as market supervision, health, urban management, environmental protection, and public security, strengthen coordination, cooperate closely, establish a relatively fixed comprehensive law enforcement team composed of multiple departments, perform their duties in peacetime, regularly concentrate on law enforcement, and through the high-pressure situation of multi-frequency crackdown on governance, so that illegal business operators who refuse to rectify and obstruct the public interest cannot rise, and gradually purify the market
through effective measures such as forced ban and guidance to change careers.
.
Under the trend of comprehensive law enforcement system reform, grass-roots governments can take the lead in integrating the strength of functional departments such as market supervision, health, urban management, environmental protection, and public security, strengthen coordination, cooperate closely, establish a relatively fixed comprehensive law enforcement team composed of multiple departments, perform their duties in peacetime, regularly concentrate on law enforcement, and through the high-pressure situation of multi-frequency crackdown on governance, so that illegal business operators who refuse to rectify and obstruct the public interest cannot rise, and gradually purify the market
through effective measures such as forced ban and guidance to change careers.
Enrich the carrier and improve the quality of the project
.
On the one hand, with the help of the four major carriers of civilized city creation, health city creation, integrity demonstration block creation and food safety demonstration city creation, the overall atmosphere and situation of catering creation are formed through strong administrative promotion; On the other hand, give full play to the credibility of mainstream media and the communication power of platforms such as WeChat public accounts, increase the exposure and joint punishment of illegal and untrustworthy enterprises, and force catering operators to clearly understand the situation, strengthen management, and improve quality; At the same time, we will make full use of the carriers and positions of activities such as theme party days and five belts and three stars, including grass-roots party building, to carry out food safety publicity services in an all-round and wide range, continuously enhance public safety awareness and supervision and rights protection awareness, and form a broader and more effective pattern
of food safety co-governance in catering.
.
On the one hand, with the help of the four major carriers of civilized city creation, health city creation, integrity demonstration block creation and food safety demonstration city creation, the overall atmosphere and situation of catering creation are formed through strong administrative promotion; On the other hand, give full play to the credibility of mainstream media and the communication power of platforms such as WeChat public accounts, increase the exposure and joint punishment of illegal and untrustworthy enterprises, and force catering operators to clearly understand the situation, strengthen management, and improve quality; At the same time, we will make full use of the carriers and positions of activities such as theme party days and five belts and three stars, including grass-roots party building, to carry out food safety publicity services in an all-round and wide range, continuously enhance public safety awareness and supervision and rights protection awareness, and form a broader and more effective pattern
of food safety co-governance in catering.
