Provisions on the Supervision and Administration of the Fulfillment of Food Safety Primary Responsibilities by Online Catering Service Operators
Provisions on the Supervision and Administration of the Fulfillment of Food Safety Primary Responsibilities by Online Catering Service Operators
Provisions on the Supervision and Administration of the Fulfillment of Food Safety Primary Responsibilities by Online Catering Service Operators
Order of the State Administration for Market Regulation No. 123
January 27, 2026
(Promulgated by the Order of the State Administration for Market Regulation No. 123 on January 27, 2026, and effective from June 1, 2026)
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Food Safety Law of the People's Republic of China, the E-Commerce Law of the People's Republic of China, and other relevant laws and administrative regulations with a view to strengthening the supervision and administration of food safety in online catering services, urging online catering service operators to implement their primary responsibilities for food safety, and ensuring food safety.
Article 2 These Provisions shall apply to the acts of online catering service operators in lawfully fulfilling their primary responsibilities for food safety and the supervision and administration thereof within the territory of the People's Republic of China.
For the purposes of these Provisions the term "online catering service operators" includes third-party online food trading platform providers (the "platform providers") and operators providing catering services through third-party online food trading platforms or their self-built websites (collectively as "online catering service providers").
Article 3 Those engaging in online catering service activities shall comply with the provisions of national laws and regulations on food safety and e-commerce, act in good faith, implement self-regulation, and accept government regulation and public supervision.
Article 4 The supervision and administration of food safety in online catering services shall adhere to the principles of prevention first, risk management, and social co-governance.
Article 5 The State Administration for Market Regulation shall be responsible for organizing and guiding the supervision and administration of food safety in online catering services nationwide.
Market regulation departments at or above the county level shall be responsible for the supervision and administration of food safety in online catering services within their respective administrative regions.
Unless there are other provisions herein regarding the authority for the supervision and administration of food safety in online catering services, provincial-level market regulation departments may, based on the business scale and food safety risk status of online catering service operators and upon considering the actual situation of food safety risk management, determine the authority for the supervision and administration of food safety in online catering services held by market regulation departments at all levels within their respective administrative regions.
Chapter II Platform Providers
Article 6 Platform providers shall establish a body responsible for food safety management, allocate management personnel (such as food safety director, food safety supervisors) commensurate with the scale of food transactions and food safety risk status, and define their specific job responsibilities. If no food safety director is allocated, the responsibilities of the food safety director shall be performed by a food safety supervisor designated by the platform provider.
The principal person in charge of the platform provider shall be fully responsible for the food safety work of the platform, support, guarantee, and urge food safety director, food safety supervisors, and other management personnel to carry out the food safety management in online catering services. Before making major decisions involving food safety, the principal person in charge shall fully hear the opinions and suggestions of food safety director, food safety supervisors, and other management personnel.
Food safety director, food safety supervisors, and other management personnel shall assist the principal person in charge in carrying out food safety management in line with their job responsibilities.
Article 7 Platform providers shall establish and improve a food safety training and assessment mechanism, conduct regular training and assessment on laws, regulations, and food safety knowledge for food safety director, food safety supervisors, and other management personnel, and enhance their ability to prevent and control the food safety risk in online catering services.
Article 8 Where a platform provider establishes or entrusts an actual operating institution (including branch, office, third-party institution, etc., the same below) to engage in food safety management in online catering services, it shall report to the provincial-level market regulation department at the actual operating location of the actual operating institution within 30 working days from the date of establishment or entrustment. The report shall include the name, address, legal representative or person in charge, and contact information of the actual operating institution.
Platform providers shall formulate standards for the food safety management work of the respective actual operating institutions, define the work responsibilities of actual operating institutions, provide training and management for actual operating institutions and their relevant personnel, and urge them to fulfill their responsibility for food safety management.
The establishment or entrustment of actual operating institutions by platform providers to engage in food safety management in online catering services shall not exempt platform providers from the food safety responsibilities to be assumed by them as required by law.
Article 9 Platform providers shall, through platform service agreements and transaction rules (the "platform rules"), establish and implement the systems for the review and registration of online catering service providers, food safety spot check and monitoring, food safety risk control, handling of food safety violations, and other aspects of food safety management, as well as management standards for actual operating institutions and consumer rights protection.
Article 10 Platform providers shall conduct real-name registration for online catering service providers. Registration information shall include the title, unified social credit code, actual business address, legal representative or person in charge, contact information, business qualifications of the online catering service providers, among others.
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Order of the State Administration for Market Regulation No. 123
January 27, 2026
(Promulgated by the Order of the State Administration for Market Regulation No. 123 on January 27, 2026, and effective from June 1, 2026)
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Food Safety Law of the People's Republic of China, the E-Commerce Law of the People's Republic of China, and other relevant laws and administrative regulations with a view to strengthening the supervision and administration of food safety in online catering services, urging online catering service operators to implement their primary responsibilities for food safety, and ensuring food safety.
Article 2 These Provisions shall apply to the acts of online catering service operators in lawfully fulfilling their primary responsibilities for food safety and the supervision and administration thereof within the territory of the People's Republic of China.
For the purposes of these Provisions the term "online catering service operators" includes third-party online food trading platform providers (the "platform providers") and operators providing catering services through third-party online food trading platforms or their self-built websites (collectively as "online catering service providers").
Article 3 Those engaging in online catering service activities shall comply with the provisions of national laws and regulations on food safety and e-commerce, act in good faith, implement self-regulation, and accept government regulation and public supervision.
Article 4 The supervision and administration of food safety in online catering services shall adhere to the principles of prevention first, risk management, and social co-governance.
Article 5 The State Administration for Market Regulation shall be responsible for organizing and guiding the supervision and administration of food safety in online catering services nationwide.
Market regulation departments at or above the county level shall be responsible for the supervision and administration of food safety in online catering services within their respective administrative regions.
Unless there are other provisions herein regarding the authority for the supervision and administration of food safety in online catering services, provincial-level market regulation departments may, based on the business scale and food safety risk status of online catering service operators and upon considering the actual situation of food safety risk management, determine the authority for the supervision and administration of food safety in online catering services held by market regulation departments at all levels within their respective administrative regions.
Chapter II Platform Providers
Article 6 Platform providers shall establish a body responsible for food safety management, allocate management personnel (such as food safety director, food safety supervisors) commensurate with the scale of food transactions and food safety risk status, and define their specific job responsibilities. If no food safety director is allocated, the responsibilities of the food safety director shall be performed by a food safety supervisor designated by the platform provider.
The principal person in charge of the platform provider shall be fully responsible for the food safety work of the platform, support, guarantee, and urge food safety director, food safety supervisors, and other management personnel to carry out the food safety management in online catering services. Before making major decisions involving food safety, the principal person in charge shall fully hear the opinions and suggestions of food safety director, food safety supervisors, and other management personnel.
Food safety director, food safety supervisors, and other management personnel shall assist the principal person in charge in carrying out food safety management in line with their job responsibilities.
Article 7 Platform providers shall establish and improve a food safety training and assessment mechanism, conduct regular training and assessment on laws, regulations, and food safety knowledge for food safety director, food safety supervisors, and other management personnel, and enhance their ability to prevent and control the food safety risk in online catering services.
Article 8 Where a platform provider establishes or entrusts an actual operating institution (including branch, office, third-party institution, etc., the same below) to engage in food safety management in online catering services, it shall report to the provincial-level market regulation department at the actual operating location of the actual operating institution within 30 working days from the date of establishment or entrustment. The report shall include the name, address, legal representative or person in charge, and contact information of the actual operating institution.
Platform providers shall formulate standards for the food safety management work of the respective actual operating institutions, define the work responsibilities of actual operating institutions, provide training and management for actual operating institutions and their relevant personnel, and urge them to fulfill their responsibility for food safety management.
The establishment or entrustment of actual operating institutions by platform providers to engage in food safety management in online catering services shall not exempt platform providers from the food safety responsibilities to be assumed by them as required by law.
Article 9 Platform providers shall, through platform service agreements and transaction rules (the "platform rules"), establish and implement the systems for the review and registration of online catering service providers, food safety spot check and monitoring, food safety risk control, handling of food safety violations, and other aspects of food safety management, as well as management standards for actual operating institutions and consumer rights protection.
Article 10 Platform providers shall conduct real-name registration for online catering service providers. Registration information shall include the title, unified social credit code, actual business address, legal representative or person in charge, contact information, business qualifications of the online catering service providers, among others.
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