Overview on recent media report:
Media press talks about expectations the new regulation on food, which is said to include the supportive terms for street food vending business, from the positive aspect by giving several examples on how the those illegal vendors who sell “Internet-Popular” （网红）food to get the license in the past several years, which in fact does not talk directly about how the process of registration or requirements would be simplified for the vendors but speaks generally on the fact that the regulations is released.
Media Report:
Looking into Shanghai Ayi’s Entrepreneurship – How Street Food in Lanes get the “ID”
走进上海阿姨创业路 “弄堂美食”如何获得合法”身份证”
Source: Wenhui Newspaper (Jiefang Daily Group)
http://wenhui.news365.com.cn/html/2017-04/08/content_542074.html
Date: Apr. 8th, 2017
Three Examples of Street Food in Lane which are called “Internet Popular” food:
- Grandma Hu’s YouDunZi
Grandma Hu used to be a cook in government canteen and started to be a street food vendor in 2001. She has to do the business for the debt that her son owed. She has been struggling with Chengguan over the years. Since Grandma Hu is 79 years old now, she would like to retire from the business once all the debt is paid back.
- Jiang Ayi YouDunZi
https://v.qq.com/x/page/d0178vx70sp.html (Interview by SMG)
Jiang Ayi is a local Shanghainese who has passion for food. She started to do YouDunZi because she wanted to present the authentic flavor to old customers. Jiang Ayi is not a typical street food vendor since she has a shop front.
- Ma Ayi Rice Dumpling
Ma Ayi Rice Dumpling has been formalized now. According to the article, Ma Ayi failed to get the license for several times due to various reasons including urban appearance and environment, fire safety issues and neighborhood relationships.
However, the article fails to explain more about the newly released regulation on food, especially on street food vending sector. Overall, though the regulation gives a solution to street food vending by introducing “备案制”, which seems to have a simplified process and requirements for registration but in fact some people argues that it is a more strict way to regulate street food vendors:
《条例》在今年的上海市第十四届人大五次会议审议期间，不少代表都对“弄堂美食”提出了自己的看法。一方面是市民对这些小餐饮店有刚需；另一方面，这些餐饮一旦被简单取缔，店主就没有了生存依靠。“需要制度创新，给他们一个出路。”市人大代表许丽萍表示，希望上海对这类餐饮在减少存量、严控增量的同时，探索一条分类分层的监管道路。
When the regulation is discussed during the 14th Shanghai People’s Congress, the 5th meeting, many delegates comment on “Street Food in Lanes”. On one hand, there are citizens’ demands for food, and on the other hand, once the stands are banned, the owners can’t make a living. “We need an innovative resolution on regulation to give the street food vending some space,” said a delegate called Xu Liping. She hopes that Shanghai government could create a regulation method that regulate different business in different categories and levels when reducing or slowing down the growth of the amount of street food vending business.
目前《条例》提出了“备案纳管”的思路：对暂时无法取得食品经营许可证且食品安全卫生要求达标、不影响周边居民正常生活的小餐饮，由所在地乡镇人民政府或街道办事处办理临时备案，发放临时经营公示卡。
Now the regulation gives a new way: for those small food business places which could not get the license but could meet the food safety requirement and have no influence on neighborhood, local government can register them temporarily and give them a public information card for temporary permission on business.
在实施备案后，所在地市场监管、环保、房屋管理、消防安全、城管等部门将各自按照职责把小餐饮纳入日常管理中。“加大事中事后监管力度，对他们的监管标准和持有食品卫生许可证的餐饮店是一样的。”市食药监局局长阎祖强表示。事实上，这一政策已经在黄浦区阿大葱油饼店进行了试点。重新开业后的葱油饼店，在黄浦区监管部门引导下，卫生标准大幅提高。
After the regulation put into practice, local market supervision, environment, housing management, fire safety and Chengguan department should regulate small food business accordingly. “We need to regulate more strictly in and after the process, the regulation standard on those small business should be the same as on the licensed,” said the header of FDA, Yan Zuqiang. In fact, the policy has been experimented with A Da Fried Scallion Pancake. The environment of the new pancake stand has been improved a lot after its reopen with the help with regulatory department in Huangpu District.
“即使严格按照法律规定执业，备案制也不是一劳永逸的。”阎祖强表示，正在考虑进一步细化这一规定，对备案实施年限设置，每户小型餐饮年限届满后允许再申请一次，连续2次备案届满后，要么实施业态升级，要么选择退出经营，“‘网红’美食不能一直停留在原始的‘1.0版’，希望未来能培育出一批具有本土地域特色的美食升级版本。”
“Even though the business follows regulations and laws, the current registration system is not a permeant solution,” said Yan Zuqiang. He is thinking about modifying the regulation in detail and set limit on years – each business can re-apply once after the temporary permission expires. After the re-application, the owner should either apply for the license or quit the market. “‘Internet-Popular’ Food should not always be in version 1.0. Hopefully we can bring out more upgraded business models with local characteristics.”
From the media report, we can see that the current registration plan for small food vending business owners is a method which gives these owners more time to prepare for the legal license. The ultimate goal of the government is to formalize those business.
Other government actions also indicate that they are trying to pushing the formalization of those food vending business. For example, the regulatory department enforce the new regulation to the illegal small food business immediately on the first when the new regulation is in practice.
上海食品安全条例实施首日：严查无证摊贩、套证餐厅
The First of New Regulation on Food Safety: Look Strictly on Illegal Food Vendors and Restaurants with Borrowed Licenses
Source: Xinhuanet.com
http://www.sh.xinhuanet.com/2017-03/21/c_136145641.htm?source=1
Date: Mar. 20th, 2017
3月20日是食品安全地方法规《上海市食品安全条例》（以下简称“《条例》”）正式实施的第一天。20日，记者跟随着上海食药监和市场监管部门执法人员，直击执法部门对无证无照摊贩和网络订餐等情况的现场检查执法。
Mar. 20th is the first day for the “Shanghai Food Safety Regulations” to be in practice formally. On that day, the journalist went with FDA and market regulators to see law-enforcement departments to check the situation of illegal stands and online ordering.
在上海市黄浦区的老城厢，执法人员发现了多家无证无照餐饮店。过去十多年里，这里不少“小餐饮”和执法人员打起了游击战：执法人员一来，就把卷帘门拉上；有的被处罚后不久，又开门迎客。在光启南路129号，执法人员还发现了一家无证经营的快餐作坊，位置极其隐蔽，排烟管道沿墙架起，平日里油烟扰民，极易引发火灾等安全事故。
In the old city area in Huangpu, the law-enforcement group figured out several illegal small food businesses. In the past decades, many small food businesses were playing “hide-and -see” with law-enforcement people. When the regulators come, they close the door. Some of them re-open immediately after being fined. At No. 129 South Guangqi Road, the regulators found an illegal fast food place, which was hard to discover. The make the pipes for lampblack along the wall, which disturbs the neighborhood and brings risk of fire safety issues.
执法人员对多处无证经营餐馆依法取缔，现场拆除违法搭建并恢复原貌。上海市黄浦区市场监管局副局长朱亮说，执法由街道统一领导、市场监管局牵头，相关部门协同配合，一起参与整治。执法从以往的单打独斗到如今的组团作战，就是要防止无证无照再回潮。
Law-enforcement team regulated some restaurants without licenses, pushed down the illegal construction and turned the building into the original appearance. Zhu Liang, the Vice Director of market regulation department in Huangpu. The law-enforcement is led by street-level government, market regulation department. Many departments cooperate together. From single department to multiple departments, the goal is to prevent illegal food business from recovering.
一方面要取缔一批无证无照的餐饮店，降低食品安全的风险；另一方面，对符合食品安全标准，迎合老百姓日常口味的一部分餐饮店，《条例》也予以规范，符合条件的小餐饮企业可在各街道备案纳管。
On one side, the government need to regulate the illegal food business to reduce food safety risks; on the other side, for those food business that meet the food safety standards, the new regulation gives them the chance to register at street-level government.
In all, government’s attitude towards street food vending and small food vending business is not as clear as stated in the new regulation. It seems that the new regulation gives more space to those business, but it depends on how the regulatory department practices. Government tend to offer better resource or opportunity for popular food stands or vendors since the public opinion matters, but for those who are not famous, it could be a worse period now.
Some more short videos about street food:
A Da Fried Scallion Pancake – https://v.qq.com/x/page/c0153z6v49u.html
Jiang San Stinky Tofu – https://v.qq.com/x/page/q0180n9rt70.html
A Qiao Wonton – https://v.qq.com/x/page/v0173a2tatj.html