Promulgation Authorities:  State Council

Promulgation Date:  2019.04.23

Effective Date:  2019.04.23

Validity Status:  valid

Administrative Regulations on Sanitation of Public Places (Revised in 2019)

Administrative Regulations on Sanitation of Public Places (Revised in 2019)

(Promulgated by the State Council on April 1, 1987, revised for the first time on February 6, 2016 according to the Decision of the State Council on Revisions to Some Administrative Regulations, and revised for the second time on April 23, 2019 according to the Decision of the State Council on Revisions to Some Administrative Regulations)

Chapter I General Provisions

Article 1    These regulations are hereby enacted for the purpose of creating good sanitary conditions for public places, preventing diseases and protecting human health.

Article 2    These Regulations shall apply to following public places:

1. hotels, restaurants, inns, rest houses, coffee bars, pubs and tea houses;

2. public bathrooms, barbershops and beauty salons;

3. theaters, video rooms, entertainment halls, ballrooms and music halls;

4. stadiums, swimming pools and parks;

5. exhibition halls, museums, galleries and libraries;

6. shopping malls (stores and bookstores; and

7. waiting rooms (hospitals, bus stations and ports) and public transports.

Article 3    Public places shall satisfy relevant national health standards and requirements in terms of the following items:

1. air, microclimate (humidity, temperature, wind speed);

2. water quality;

3. lighting, illumination;

4. noise; and

5. utensil and sanitary fixture.

The sanitary standards and requirements for public places shall be developed by the health administrative department of the State Council.

Article 4    Public places are subject to a 'Sanitary License' system applied by the State.

The Sanitary License shall be issued by the sanitary administrative authorities above county level.

Chapter II Sanitary Management

Article 5    The competent authorities for public places shall establish a sanitary management system, be equipped with full-time or part-time sanitary managerial personnel, conduct regular examination on the sanitary conditions of their affiliating operators (including individually owned businesses, the same hereinafter) and provide necessary conditions.

Article 6    Operators shall be responsible for the sanitary management of public places operated by them, establish a sanitary accountability system and conduct training and examination for the practitioners concerning the sanitary knowledge.

Article 7    Those providing services for customers directly in public places shall hold "Health Certificate of Conformity" and those who suffer dysentery, typhoid fever, virus hepatitis, active-stage phthisis, purulent or exudative skin disease and other diseases that may hinder the public sanitation shall not engage in the provision of services for customers directly before curing.

Article 8    Operators shall apply to the sanitary administrative authorities for a Sanitary License in a timely manner, exception applies to such public places as parks, stadiums and public transports. The Sanitary License shall be reviewed biyearly.

Article 9    With regard to any accident endangering the health of the public that is caused by any public place failing to satisfy the sanitary standards and requirements, the operator concerned shall take proper measures and report such accident to the competent hygiene and disease control authorities in a timely manner.

Chapter III Sanitary Control

Article 10    Local hygiene and disease control authorities at various levels are responsible for the supervision of the sanitary conditions in public places within their respective jurisdictions.

The hygiene and disease control authorities of civil aviation, railway, factories and mines shall conduct hygiene and disease control in public places within their respective jurisdiction and accept the professional guidance rendered by local hygiene and disease control authorities.

Article 11    Hygiene and disease control authorities may, as the case may require, establish public place sanitation supervisors to be responsible for the implementation of the tasks assigned by the said authorities. The public place sanitation supervisors shall be granted with the certificates issued by the people's government at the same level.

The public place sanitation supervisors of civil aviation, railway, factories and mines shall be granted with the certificates issued by the superior competent authorities.

Article 12    The hygiene and health control authorities are responsible for the following sanitary supervision of public places:

1. conducting sanitary monitoring of public places and giving sanitary technical guidance; and

2. supervising the healthy examination of practitioners and guiding relevant organizations to educate and train practitioners on health knowledge.

Article 13    Sanitation supervisors have the right to inspect public places on site and claim for relevant materials, and the operator concerned shall not reject or conceal such materials. Meanwhile, sanitation supervisors shall keep confidential all technical materials thus provided.

Public place sanitation supervisors shall, upon performing their duties, wear badges and present certificates.

Chapter IV Penalty

Article 14    With regard to any organization or individual falling under any of following circumstances, competent hygiene and health control authorities shall give administrative penalties such as warning, fine, business suspension for correction or revocation of Sanitary License on it/him depending on the seriousness of the case:

1. Such organization or individual does not satisfy the national sanitary standards and requirements on sanitary quality but continues to operate;

2. Such organization or individual does not obtain the Health Certificate of Conformity but engages in direct service for customers;

3. Such organization or individual rejects the sanitation supervision; or

4. Such organization or individual operates without a Sanitary License.

All fines shall be turned over to the state treasury.

Article 15    Any organization or individual who violates these Regulations resulting in an accident endangering the health of the people or an intoxication accident shall compensate the victim of such accident for any loss thus caused.

In the case of violation of these Regulations causing any person to become disable or dead and constituting a crime, the judicial authorities shall conduct investigation against such organization or individual for any criminal liability.

Article 16    Whoever has objection to an administrative penalty of fine, business suspension for correction or cancellation of Sanitary License may, within 15 days of receiving the penalty notice, bring a lawsuit in the local people's court. However, any decision on the control of the sanitary quality of a public place shall be executed immediately, and the local hygiene and health control authority shall file an application with the local people's court to enforce such decision if the offender neither executes the decision of penalty nor brings a lawsuit within the prescribed time limit.

Article 17    Sanitary supervision authorities for public places and sanitary supervisors must perform their duties with due diligence and act by law. Those who neglect their duties, abuse their power or take bribes shall be given administrative sanctions by the competent authorities at higher levels again the person(s) directly liable. If the case constitutes a crime, the judicial organ shall investigate the criminal liability of the person(s) directly liable according to law.

Chapter V Supplementary Provisions

Article 18    The rules for implementing these Regulations shall be enacted by the health administrative department of the State Council.

Article 19    These Regulations shall come into force on the day of promulgation.