太原市人民代表大会常务委员会关于修改《太原市摊点食品卫生管理办法》的决定
山西省太原市人大常委会
太原市人民代表大会常务委员会关于修改《太原市摊点食品卫生管理办法》的决定
山西省人大常委会
（1996年12月20日太原市第九届人民代表大会常务委员会第三十六次会议通过 1997年5月27日山西省第八届人民代表大会常务委员会第二十八次会议批准）
太原市第九届人民代表大会常务委员会第三十六次会议审议了太原市人大教科文卫委员会关于修改《太原市摊点食品卫生管理办法》的议案，决定对《太原市摊点食品卫生管理办法》作如下修改：
一、第一条修改为：“为了加强摊点食品卫生管理，保障消费者的身体健康，根据《中华人民共和国食品卫生法》，结合我市实际，制定本办法。”
二、第二条修改为：“本办法所称摊点食品，是指在街头或者集贸市场摆摊设点制作和销售的直接入口的食品。”
“凡在本市行政区内从事摊点食品制作、销售的，都必须遵守本办法。”
三、第三条修改为：“市、县（市、区）卫生行政部门，主管本行政区的摊点食品卫生监督管理工作。各有关部门根据各自的职责，负责摊点食品卫生管理工作。”
四、第二章名称修改为：“摊点食品的卫生。”
五、第四条修改为：“摊点食品及其所用辅料、调料及添加剂，必须符合国家卫生标准。”
六、第五条修改为：“制作销售摊点食品的，应遵守下列卫生要求：”
第二项修改为：“（二）根据经销食品的不同要求，使用规范的售货亭、车、棚、台，并要有与制售品种相适应的并符合卫生要求的容器、工具以及防蝇防尘设施；”
第四项修改为：“（四）专业生产、加工、制作直接入口食品的，必须有符合《中华人民共和国食品卫生法》要求的场所、设备、设施、技术和其他必备条件，经卫生行政部门审查、验收合格，取得卫生许可证；”
第五项修改为：“（五）销售无包装的食品，必须使用工具售货。货与钱币必须分开；”
第八项修改为：“（八）销售熟肉及其制品，必须有冷藏设备，使用便于清洗和消毒的容器。熟肉及其制品必须是取得卫生许可证的单位或者个人生产的。”
第九项修改为：“（九）非定型包装或者不便包装的食品，销售时应当采用无毒、清洁的包装材料临时包装，或者采取其他防尘、防污措施；”
第十一项修改为：“（十一）运输和盛载食品的工具、容器，应当定期消毒，保持清洁。”
七、第六条第二项修改为：“（二）未经卫生行政部门批准生产制作的直接入口食品。”
第七项修改为：“（七）超过保质期限或者食品标签通用标准项目不全的食品。”
八、第七条修改为：“市、县（市、区）卫生行政部门、负责辖区内摊点食品卫生的现场检查、监测、检验以及技术指导；监督从业人员的健康检查；进行食品卫生法律法规和卫生知识宣传；监督并协助有关部门对从业人员进行食品卫生知识和职业道德培训；对违反本办法者，依法进
行行政处罚。”
九、第八条第二款修改为：“工商行政管理部门负责城乡集市贸易的食品卫生管理工作。”
第三款修改为：“食品生产经营管理部门和企业，负责本行业系统和本企业的摊点食品卫生管理。”
十、第九条修改为：“市、县（市、区）人民政府可以结合城市建设规划，统一定点设置封闭或者半封闭的食品市场。”
“早点食品摊位的布设应当方便群众。”
十一、第十条修改为：“从事摊点食品经营，必须先取得所在县（市、区）卫生行政部门发给的卫生许可证，工商行政管理部门再予以审批。已开业者，每年必须先更换食品卫生许可证，再到工商行政管理部门办理年检或者变更登记。”
“卫生许可证不得伪造、涂改、出借、转让。”
“取得卫生许可证的生产经营单位，如需到街头、市场销售摊点食品，必须经卫生行政部门批准。”
十二、第十一条修改为：“摊点食品制作销售人员，每年必须进行一次健康检查，取得健康合格证，营业时随身携带。新聘用的食品生产经营人员，除取得健康合格证外，还必须经食品卫生知识培训，合格后方可上岗。”
十三、第十三条修改为：“任何人对违反本办法的行为，均有权揭发、检举、投诉、控告。”
十四、第四章名称修改为：“罚则”。
十五、第十四条修改为：“违反本办法的下列行为，由卫生行政部门依照以下各项规定处罚：”
第一项修改为：“（一）未取得卫生许可证或者伪造、涂改卫生许可证的，没收伪造涂改的卫生许可证，责令其停业，并处以五百元以上三千元以下的罚款；”
第二项修改为：“（二）出借、转让卫生许可证者，除吊销卫生许可证外，并处以500元以上2000元以下的罚款；同时对被转让者按无证经营处罚；”
第三项修改为：“（三）逾期不换领卫生许可证者，给予警告；逾期一个月以上的，处以五百元以上一千元以下的罚款；逾期三个月以上的，责令停业，并处以五百元以上一千元以下的罚款；”
将原第四项分为两项，修改为：“（四）违反本办法第四条的，责令停业，没收、销毁原料及食品，并处以五百元以上一千元以下的罚款。”
“（五）对违反本办法第五条者，给予警告，责令限期改正，情节严重的责令停业整顿，直至吊销卫生许可证，并处以五百元以上一千元以下的罚款；”
第五项改为第六项，修改为：“（六）对违反本办法第六条者，责令停业，没收、销毁禁售食品，对责任人处以一千元以上三千元以下的罚款。情节严重的，责令追回已经售出的食品，吊销卫生许可证；”
第六项改为第七项，修改为：“（七）对违反本办法第十一条者，责令其停止制售食品，并处以二百元以上一千元以下的罚款；”
第十四条增加一项，作为第八项：“（八）对聘用禁止从事直接入口食品生产经营的传染病患者和病源携带者，或者发现患有上述传染病，未及时调离岗位的单位负责人或者个体经营者，除责令改正外，并处以三百元以上二千元以下的罚款。”
十六、第十五条修改为：“对违反本办法造成食物中毒事故或者其他食源性疾患的，按《中华人民共和国食品卫生法》有关规定处理。”
十七、第十六条修改为：“对无营业执照的经营者，由工商行政管理部门依法处罚。”
十八、第十八条修改为：“当事人对处罚不服的，可以按《中华人民共和国食品卫生法》的规定申请复议或者起诉。当事人逾期既不申请复议也不向人民法院起诉，又不履行处罚决定的，作出处罚决定的机关可以申请人民法院强制执行。”
“为防止食物中毒或者其他事故依法采取的封存可能导致食物中毒食品的临时控制措施，必须立即无条件执行。”
十九、第二十条修改为：“本办法具体应用中的问题，由太原市人民政府负责解释。”
1997年5月27日
MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The Standing Committee of the National People's Congress
MARITIME TRAFFIC SAFETY LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Second Meeting of the Standing Committee of the
Sixth National People's Congress, promulgated by Order No. 7 of the
President of the People's Republic of China on September 2, 1983, and
effective as of January, 1, 1984)
Contents
Chapter I General Provisions
Chapter II Inspection and Registration of Vessels
Chapter III Personnel on Vessels and Installations
Chapter IV Navigation, Berthing and Operations
Chapter V Safety Protection
Chapter VI Transport of Dangerous Goods
Chapter VII Rescue from Disasters at Sea
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Chapter IX Investigation and Handling of Traffic Accidents
Chapter X Legal Liability
Chapter XI Special Provisions
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1
This law is formulated in order to strengthen the control of maritime
traffic; ensure the safety of vessels, installations, human life and
property; and safeguard the rights and interests of the state.
Article 2
This Law shall apply to all vessels, installations and personnel and to
the owners and managers of such vessels and installations that navigate,
berth or operate in the coastal waters of the People's Republic of China.
Article 3
The harbour superintendence agencies of the People's Republic of China
shall be the competent authorities responsible for the unified supervision
and administration of traffic safety in the coastal waters.
Chapter II Inspection and Registration of Vessels
Article 4
Vessels and their major equipment relating to navigation safety must have
valid technical certificates issued by vessel inspection departments.
Article 5
A vessel must have a certificates showing its nationality, a vessel
registry certificate or a vessel licence.
Chapter III Personnel on Vessels and Installations
Article 6
Vessels shall be manned with qualified crew members according to a
standard quota to ensure the vessels' safety.
Article 7
The captain, chief engineer, pilot, engineers, radio and telephone
operators and similar personnel on board seaplanes or submersibles must
hold valid job certificates. All other crew members must undergo
specialized technical training required for their work.
Article 8
In accordance with state provisions, all installations shall be provided
with personnel who have mastered the techniques of collision avoidance,
signalling, communications, fire control, life-saving and other
operations.
Article 9
All personnel on vessels and installations must observe relevant rules and
regulations concerning maritime traffic safety, follow the operating rules
and ensure the safety of the vessels and installations in navigation,
berthing and operations.
Chapter IV Navigation, Berthing and Operations
Article 10
While navigating, berthing or carrying out operations, vessels and
installations must abide by the relevant laws, administrative statutes and
rules and regulations of the People's Republic of China.
Article 11
Non-military vessels of foreign nationality may not enter the internal
waters and harbours of the People's Republic of China without the approval
of its competent authorities. However, under unexpected circumstances such
as critical illness of personnel, engine breakdown or the vessels being in
distress or seeking shelter from weather when they do not have the time to
obtain approval, they may, while entering China's internal waters of
harbour, make an emergency report to the competent authorities and shall
obey its directions.
Military vessels of foreign nationality may not enter the territorial
waters of the People's Republic of China without the approval of the
Government of the People's Republic of China.
Article 12
Vessels sailing on international routes that enter and leave the harbours
of the People's Republic of China must accept inspection by the competent
authorities. Vessels of Chinese nationality sailing on domestic routes
that enter and leave such harbours must obtain port entry and departure
visas.
Article 13
Vessels of foreign nationality entering and leaving a harbour of the
People's Republic of China, navigating or shifting berths in the harbour
area, or approaching or leaving mooring points or loading spots outside
the harbour must be navigated by a pilot designated by the competent
authorities.
Article 14
When entering or leaving harbours or passing through controlled traffic
areas, crowded navigable areas or areas where navigational conditions are
restricted, vessels must observe the special regulations promulgated by
the Government of the People's Republic of China or by the competent
authorities.
Article 15
Vessels shall be prohibited from entering or passing through restricted
navigation zones unless specially permitted by the competent authorities.
Article 16
Towing operations on the open sea involving large-sized installations and
mobile platforms must undergo towing inspection conducted by vessel
inspection departments and be reported to the competent authorities for
examination and approval.
Article 17
If the competent authorities finds the actual condition of a vessel to be
not in conformity with what is stated in the vessel's certificates, it
shall have the right to require the vessel to apply for a new inspection
or notify its owner or manager to adopt effective safety measures.
Article 18
If the competent authorities believes that a vessel presents a menace to
the safety of a harbour, it shall have the right to forbid the vessel from
entering the harbour or to order it to leave the harbour.
Article 19
The competent authorities shall have the right to forbid a vessel or an
installation from leaving the harbour or order it to suspend its voyage,
change its route or cease its operations under any one of the following
circumstances:
(1) if it violates any law, administrative statute or other rule or
regulation of the People's Republic of China;
(2) if it is in a condition unsuitable for navigation or towing;
(3) if it was involved in a traffic accident and has not completed the
necessary formalities;
(4) if it has not paid the fees that are due or furnished appropriate
security to the competent authorities or the department concerned: or
(5) if the competent authorities considers that there are other
circumstances that will jeopardize or might jeopardize maritime traffic
safety.
Chapter V Safety Protection
Article 20
Construction operations to be carried out on the surface or underwater in
coastal waters and the demarcation of corresponding safe operation zones
must be reported to the competent authorities for examination and approval
and must be publicly announced. Vessels not involved in the construction
project may not enter the safe operation zones. The construction unit may
not enlarge such zones without authorization. When shore lines are to be
used in harbour areas or when construction work, including overhead
operations, is to be carried out on the sea surface or underwater in such
areas, the plan and a drawing thereof must be submitted to the competent
authorities for examination and approval.
Article 21
The designation of restricted navigation zones in coastal waters must be
approved by the State Council or the competent authorities. However, the
designation of restricted navigation zones for military purposes shall be
approved by the competent department of the state in charge of military
affairs.
The restricted navigation zones shall be announced by the competent
authorities.
Article 22
Without the approval of the competent authorities, no installations may be
established or constructed, nor may any activities that hinder
navigational safety be carried out in harbour areas, anchorages,
navigation lanes, or crowded navigable areas, as well as in navigation
routes announced by the competent authorities.
With respect to any installations which have been established or
constructed in the above-mentioned areas without authorization, the
competent authorities shall have the right to order their owners to remove
or dismantle the installations within a given period of time.
Article 23
It shall be forbidden to damage navigation aids or navigational
facilities. Whoever has damaged navigation aids or navigational facilities
shall immediately report the damage to the competent authorities and be
liable for compensation.
Article 24
Vessels and installations shall promptly make a report to the competent
authorities if they discover any of the following situations:
(1) If navigation aids or navigational facilities malfunction or become
abnormal;
(2) if an obstacle or drifting object jeopardizing the safety of
navigation is discovered; or
(3) if there are other abnormal situations jeopardizing the safety of
navigation.
Article 25
No obstacle affecting the efficacy of navigation aids may be erected or
installed in areas surrounding the aids. Any lights in the vicinity of the
navigation aids or navigational lanes that jeopardize navigation safety
shall be properly screened.
Article 26
When removing or dismantling installations, salvaging or removing sunken
ships or objects, and handling the finishing operations of underwater
projects, no hidden dangers shall be left to menace navigational or
operational safety. Before the aforesaid operations have been properly
completed, their owners or managers must be responsible for erecting
markers as required and making an accurate report to the competent
authority on the type, shape, size and location of the obstacle and the
depth of water over it.
Article 27
Safety administration must be strengthened with respect to harbour
wharves, mooring points and loading spots outside of harbour areas as well
as ship locks, so that they are always kept in good condition.
Article 28
To meet the requirements of maritime traffic safety, the competent
authority shall fix and adjust traffic control areas and harbour
anchorages. The designation of anchorages outside of harbour areas shall
be announced by the competent authority after the report relative thereto
has been submitted to and approved by higher authorities.
Article 29
The competent authorities shall, in accordance with relevant provisions of
the state, be responsible for issuing navigational warnings and
navigational notices.
Article 30
In order to ensure the safety of navigation, berthing and operations, the
departments concerned shall maintain unimpeded communications facilities,
ensure distinct and effective navigation aids and navigational facilities
and, in a timely manner, provide offshore meteorological forecasts and
necessary books and reference materials concerning maritime navigation.
Article 31
When vessels and installations are involved in accidents that jeopardize
or may jeopardize traffic safety, the competent authorities shall have the
right to take necessary, compulsory measures to deal with the matter.
Chapter VI Transport of Dangerous Goods
Article 32
When vessels or installations store, load, unload or transport dangerous
goods, they must maintain safe and reliable equipment and conditions and
observe the state provisions governing the control and transport of
dangerous goods.
Article 33
When vessels load and transport dangerous goods, they must go through the
procedures for declaration to the competent authorities and they may not
enter or leave the harbour or load or unload until approval has been
obtained.
Chapter VII Rescue from Disasters at Sea
Article 34
When vessels, installations or aircraft are in distress, they shall, in
addition to issuing distress signals calling for help, use the quickest
method possible to report to the competent authorities the time and place
of the accident, the extent of damage, the assistance required and the
cause of the accident.
Article 35
Vessels, installations or aircraft in distress and their owners or mangers
shall take all effective measures to organize their own rescue efforts.
Article 36
When vessels or installations in the vicinity of the scene of an accident
receive a distress signal or discover that people's lives are endangered,
they shall do their best to rescue the people in distress insofar as their
own safety is not seriously endangered, and promptly report to the
competent authorities the situation at the scene, their own names, call
numbers and positions.
Article 37
Vessels or installations involved in a collision shall exchange their
names, nationalities and ports of registry and do their best to rescue
personnel in distress. The vessels involved may not leave the scene of
the accident without authorization, insofar as their own safety is not
seriously endangered.
Article 38
Upon receiving a request for rescue, the competent authorities shall
immediately organize a rescue operation. All units concerned and vessels
or installations in the vicinity of the scene must act under the orders of
the competent authorities.
Article 39
When a foreign country intends to dispatch vessels or aircraft into the
territorial waters or the airspace over the territorial waters of the
People's Republic of China to search for and rescue vessels or people in
distress, it must obtain the approval of the competent [Chinese]
authorities.
Chapter VIII Salvage and Removal of Sunken and Drifting Objects
Article 40
With respect to sunken or drifting objects that may affect the safety of
navigation and the management of navigation lanes, as well as those
constituting a threat of explosion, the owners or managers thereof shall
salvage and remove such objects within a deadline set by the competent
authorities. Otherwise, the competent authorities shall have the right to
take measures to compel the salvage and removal of the objects, and their
owners or managers shall bear all the expenses incurred thereby.
The provisions of this Article shall not prejudice the rights of the
owners or managers of the sunken or drifting objects to demand
compensation from third parties.
Article 41
No sunken vessels or sunken objects in the coastal waters may be salvaged
or dismantled without the approval of the competent authorities.
Chapter IX Investigation and Handling of Traffic Accidents
Article 42
Any vessel or installation involved in a traffic accident shall submit a
written accident report and relative materials to the competent
authorities and accept its investigation and handling of the accident.
While being investigated by the competent authorities the parties involved
in the accident and relevant personnel must give a truthful account of
circumstances at the scene of the accident and other relevant information.
Article 43
In the event of a traffic accident that involves a vessel or installation,
the competent authorities shall ascertain the cause of the accident and
fix the responsibility for it.
Chapter X Legal Liability
Article 44
The competent authorities shall, in the light of the circumstances, impose
one or more of the following penalties on anyone who violates this Law:
(1) warnings;
(2) withholding or revoking work certificates; or
(3) fines.
Article 45
If a party does not accept the penalty of a fine or revocation of his work
certificate imposed by the competent authorities, he may bring suit in a
people's court within 15 days after receiving notification of the penalty.
If he neither brings suit nor complies with the penalty upon the
expiration of that period, the competent authorities shall request
compulsory enforcement from the people's court.
Article 46
A civil dispute arising from a maritime traffic accident may be settled
through mediation by the competent authorities. If the parties are
unwilling to have the case mediated or if the mediation is unsuccessful,
the parties may bring suit in the people's court. Parties to a case
involving foreign interests may also submit the case to an arbitration
agency for mediation, in accordance with the written agreement concluded
between them.
Article 47
Those whose violation of this Law constitutes a crime shall be
investigated for their criminal responsibility by judicial organs in
accordance with the Law.
Chapter XI Special Provisions
Article 48
Within the waters of fishing harbours, the state fisheries administration
and fishing harbour superintendence agencies shall exercise the functions
and powers of the competent authorities as provided in this Law, being
responsible for the supervision and administration of traffic safety and
for the investigation and handling of traffic accidents between fishing
vessels in coastal waters. Concrete measures for implementation shall be
separately prescribed by the State Council.
Article 49
The internal administration of offshore military jurisdictional areas and
military vessels and installations, the administration of surface and
underwater operations carried out for military purposes, and the
inspection and registration of public security vessels, the provision of
their personnel and the issuing of their port entry and departure visas
shall be separately prescribed by the relevant competent departments of
the state in accordance with this Law.
Chapter XII Supplementary Provisions
Article 50
For the purpose of this Law, the definitions of the following terms are:
"Coastal waters" means the harbours, inland waters, territorial waters and
all other sea areas under the jurisdiction of the state along the seacoast
of the People's Republic of China.
"Vessels" means all types of displacement or non-displacement ships,
rafts, seaplanes, submersibles and mobile platforms.
"Installations" means all types of surface and underwater structures or
installations, whether fixed or floating, and fixed platforms.
"Operations" means investigations, exploration, exploitation, survey
construction, dredging, demolition, rescue, salvage, towing, fishing,
aquatic breeding, loading and unloading, scientific experimentation and
other surface and underwater operations.
Article 51
The competent department of the State Council shall, on the basis of this
Law, formulate rules for its implementation, which shall go into effect
after being submitted to and approved by the State Council.
Article 52
In cases of conflict between laws and regulations pertaining to maritime
traffic safety hitherto promulgated and this Law, this Law shall prevail.
Article 53
This Law shall go into effect on January 1, 1984.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.