市场监管总局发布外卖与网售食品相关新规

Core Viewpoint - The State Administration for Market Regulation (SAMR) has introduced two new regulations aimed at enhancing food safety in online food delivery and sales, emphasizing the responsibilities of platforms and merchants in ensuring compliance and safety standards. Group 1: Regulations Overview - The new regulations include the "Regulations on the Supervision and Management of Food Safety Responsibilities of Online Catering Service Operators" and the "Regulations on the Supervision and Management of Food Safety Responsibilities of Online Food Sales Operators" [1]. - These regulations aim to improve the safety of food delivery services by focusing on three main areas: platform responsibility, merchant compliance, and enforcement of penalties for violations [3][4]. Group 2: Platform Responsibilities - The regulations specify that online food delivery platforms must take full responsibility for the management of merchants, including verifying qualifications, publicizing information, controlling processes, and addressing issues [2]. - Platforms are required to embed food safety responsibilities into every aspect of their operations, ensuring they do not solely focus on revenue generation without accountability [2]. Group 3: Merchant Compliance - Merchants must have a legitimate physical store, and their operational details must align with their qualifications [2]. - Strict adherence to raw material control, facility maintenance, and operational standards is mandated, with specific requirements for merchants that do not offer dine-in services [2]. Group 4: Enforcement and Penalties - The regulations enhance penalties for violations, with fines reaching up to 200,000 yuan for platforms and merchants, and potential personal fines based on previous annual income for severe violations [3][5]. - A unified regulatory framework is established, linking online food delivery platforms to the broader e-commerce regulatory environment, thereby increasing accountability [3]. Group 5: Information Transparency - The regulations mandate clear and accurate information disclosure from both platforms and merchants to ensure consumer trust [6]. - Specific measures include consistent display of business credentials, operational addresses, and the introduction of clear indicators for merchants that do not provide dine-in services [7]. Group 6: Addressing "Ghost Deliveries" - The regulations target the issue of "ghost deliveries," which involve unqualified operators masquerading as legitimate businesses [8]. - Platforms are required to conduct thorough checks on merchant qualifications and maintain ongoing verification of their operational status to prevent fraudulent activities [9].