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Decree of Shanghai Municipal People's Government

06-25-2023

No. 72

Procedures of Shanghai Municipality for Disinfection Management were adopted at the 185th

Routing Meeting of the Municipal People’s Government on November 28, 2022, and are hereby promulgated. They shall be effective as of February 1, 2023.

Mayor Gong Zheng

December 7, 2022


Procedures of Shanghai Municipality for Disinfection Management

(Promulgated by Decree No. 72 of Shanghai Municipal People's Government on December 7, 2022 and effective on February 1, 2023)

Chapter I  General Provisions

Article 1 (Purpose and Basis)

With a view to strengthening disinfection management, preventing and controlling the spread of infectious diseases, and protecting human health and public health safety, these Procedures are formulated according to the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases (hereinafter referred to as the Law on the Prevention and Control of Infectious Diseases), Regulations of Shanghai Municipality on Public Health Emergency Management and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Procedures shall apply to the daily preventive disinfection and emergency disinfection activities and related supervision and management work carried out in the administrative area of this Municipality.

Article 3 (Basic Requirements)

This Municipality shall adhere to the principles of combining ordinary and emergency services and scientific precision, and carry out disinfection activities in accordance with relevant standards and norms to avoid ineffective or excessive disinfection, and to protect the safety and health of the public.

Article 4 (Government Responsibilities)

The municipal and district people's governments shall include disinfection work in the construction plan of the public health system, and strengthen capacity building and financial guarantee for disinfection work.

The town/township people's governments and sub-district offices are responsible for organizing and implementing the disinfection work within their jurisdiction to ensure that the responsibilities and measures for disinfection work are in place.

Article 5 (Department Responsibilities)

The departments in charge of disease prevention and control of the municipal and district people's governments (hereinafter referred to as the competent departments of disease control) are responsible for the management of disinfection within their administrative regions, organize and formulate relevant guidelines, standards, and norms in accordance with their duties and powers, and supervise and manage relevant disinfection activities in accordance with the law.

Relevant industry authorities are responsible for the daily supervision, inspection and guidance of the disinfection work of the industry and system, and urge relevant units and individuals to implement disinfection responsibilities. For areas that are not clearly defined by the industry authorities, the departments determined by the Municipal People's Government shall perform the duties of supervision and guidance of the disinfection work industry in this field.

Departments of science and technology, human resources and social security are responsible for guiding scientific research in the field of disinfection, personnel training, and construction of a professional team of disinfection.

Departments of emergency management, ecological environment, grain and material reserves, commerce, economy and information technology, transportation, public security, urban management and law enforcement, as well as customs shall, according to their respective responsibilities, jointly do a good job in disinfection-related management and guarantee work.

When a public health emergency occurs, the relevant departments shall do a good job in relevant disinfection work in accordance with the responsibilities determined by the municipal and district people's governments.

Article 6 (Responsibilities of Disease Control Agencies)

The municipal and district disease prevention and control agencies (hereinafter referred to as disease control agencies) are responsible for drafting relevant disinfection technical guidelines, standards, norms, etc., carrying out disinfection quality monitoring, disinfection technical training, etc. within their administrative regions, and guiding relevant units and individuals to implement disinfection measures and arrange disinfection as needed.

Article 7 (Responsibilities of the Residents and Villagers Committees)

Residents committees and villagers committees shall assist the government, and its departments and disease control agencies in accordance with the law to do a good job in community disinfection publicity, education and tip, and implement relevant disinfection measures.

Article 8 (Publicity and Education)

Departments of disease control, education, science and technology shall publicize and popularize scientific disinfection knowledge, guide the public to form a correct understanding of disinfection, establish an environmental protection and healthy disinfection concept, and do a good job in daily cleaning and disinfection.

Radio, television, newspapers, Internet and other media shall carry out public welfare publicity of disinfection knowledge, and enhance public awareness of responsibility and self-protection.

When a public health emergency occurs, the competent disease control department and disease control agency shall promptly release relevant guidelines and tips on disinfection, guide the public to implement disinfection measures, and actively cooperate with the disinfection work.

Article 9 (Science and Technology Innovation)

This Municipality shall encourage and support scientific research on disinfection, increase investment in scientific research, and support scientific research institutions and relevant units to carry out research and application of new disinfection materials, new process technologies and new sterilization principles, as well as informatization and intelligent technologies.

Article 10 (Yangtze River Delta Regional Cooperation)

The Municipality shall promote the regional linkage of the Yangtze River Delta, and strengthen exchanges and cooperation in disinfection standards, monitoring and evaluation, information exchange, and law enforcement cooperation.

Chapter II  General Provisions on Disinfection

Article 11 (Disinfection Accountability Unit)

Organs, groups, enterprises, public institutions and individual operators, as well as public place management units, property service companies and other units shall, in accordance with the relevant provisions, standards and norms, implement the main responsibility for disinfection, and carry out daily preventive disinfection and emergency disinfection of the places, facilities, areas that they own, use, operate or manage.

The units responsible for disinfection (hereinafter referred to as the disinfection accountability units) under the preceding Paragraph may carry out disinfection by themselves or entrust a disinfection service agency with corresponding disinfection service capabilities.

Article 12 (Quality Control of Disinfection in Key Places)

Medical and health institutions, schools, childcare centers, elderly care homes, rehabilitation centers, welfare institutions, relief management institutions, supervision places and other units shall carry out prior disinfection verification, disinfection process monitoring and disinfection effect evaluation in accordance with the relevant standards and norms, and do a good job in disinfection quality control.

Encourage online monitoring and supervision of key disinfection links to improve disinfection monitoring and early warning capabilities.

Article 13 (Training for Disinfection Practitioners)

Disinfection service agencies, medical and health institutions, schools, childcare centers, elderly care homes, rehabilitation centers, welfare institutions, relief management institutions, supervision places and other units shall organize regular disinfection professional skills training for their personnel engaged in disinfection work.

Encourage personnel engaged in disinfection work to receive disinfection knowledge training organized by relevant industry authorities and industry associations, and to participate in the certification of the professional skill level of disinfection persons.

Article 14 (Occupational Protection)

Personnel engaged in disinfection work shall do a good job in personal protection to prevent damage during disinfection; their units shall provide protective equipment that meets the requirements.

Article 15 (Requirements for Disinfection Product Licensing and Filing)

Disinfection product production enterprises shall obtain a sanitation license for disinfection product production enterprises in accordance with the law before engaging in the production of disinfection products.

Production and import of disinfectants and disinfection equipment produced by using new materials, new technology and new sterilization principles (hereinafter referred to as new disinfection products) shall obtain a sanitation license approval issued by the relevant state competent department in accordance with the law.

Production and import of disinfectants and disinfection equipment other than new disinfection products shall be subject to health and safety evaluation in accordance with relevant provisions, in compliance with relevant health standards and normative requirements, and the health and safety evaluation report shall be filed with the relevant competent department according to law when the product is launched.

Article 16 (Requirements for Production, Operation and Use of Disinfection Products)

Disinfection product production enterprises shall engage in the production of disinfection products in accordance with the Hygienic Standards for Disinfection Product Production Enterprises and other provisions, and the products can only leave the factory after passing the inspection.

Disinfection product business units shall establish and implement a disinfection product certification and inspection system, ask for a copy of the production enterprise hygiene license, product hygiene safety evaluation report, or new disinfection product hygiene license approval affixed with the seal of the original holder, and establish a true and complete record of product purchase and acceptance; the relevant materials shall be kept for at least two years after the sales of disinfection products.

Units and individuals using disinfection products shall choose legal, safe, effective, and environmentally friendly disinfection products according to disinfection needs and relevant standards and norms, and carry out disinfection activities in accordance with the instructions and guidelines for use.

Article 17 (Inspection and Testing)

Where inspection and testing of disinfection products and disinfection effects are required under provisions, it is imperative to entrust an inspection and testing agency with corresponding qualifications and capabilities therewith.

Every agency responsible for the inspection and testing of disinfection products and disinfection effects shall issue inspection and testing reports in accordance with the law to ensure that the inspection and testing data and results are true, accurate and complete.

Chapter III  Disinfection Service Agencies

Article 18 (Filing and Licensing Management)

This Municipality shall implement filing management for disinfection service agencies other than medical disinfection supply centers. Relevant disinfection service agencies shall, within 30 days after obtaining registration as a market entity, file a record with the district disease control authority at the place of registration. The district disease control authority shall announce to the public the filing information of the disinfection service agencies within the jurisdiction.

The medical disinfection supply center shall obtain a medical institution practice license according to law.

Article 19 (Disinfection Service Quality Management)

Every disinfection service agency shall have venues, equipment and facilities and professional disinfection personnel that match the disinfection services, establish and improve the disinfection service quality management system, formulate disinfection management systems and operating procedures, carry out disinfection activities in accordance with relevant standards and norms, and do a good job in recording, saving and reporting relevant data in key disinfection links to ensure service quality and disinfection effect.

Article 20 (On-site Disinfection Service Agencies)

Every disinfection service agency engaged in on-site disinfection services in the epidemic focus of infectious disease and centralized isolation medical observation places shall be assessed by a disease control agency, have corresponding on-site disinfection capabilities, and accept technical guidance from the disease control agency.

Article 21 (Industrial Product Disinfection Service Agencies)

A disinfection service agency that uses pressure steam, ethylene oxide, irradiation, etc. to sterilize industrial products such as medical supplies and sanitary supplies shall set up independent disinfection areas and corresponding disinfection equipment as required, carry out the verification of the disinfection methods and must not cause harm to the surrounding people and the environment.

Article 22 (Other Disinfection Service Agencies)

A disinfection service agency that provides washing and disinfection of iatrogenic fabrics shall not share washing places, equipment and tools, and transportation vehicles of iatrogenic fabrics with other fabrics.

A disinfection service agency that provides centralized disinfection of tableware and drinking utensils shall be equipped with online monitoring facilities to monitor the parameters of the cleaning and disinfection process in real time.

A disinfection service agency that provides cleaning and disinfection of centralized air-conditioning and ventilation systems and secondary water supply facilities shall record images of the disinfection process; if any possible risk of disease transmission and infection is found, the said agency shall promptly report to the competent department of disease control or the disease control agency.

Chapter IV  Preventive Disinfection

Article 23 (Management of Preventive Disinfection in Medical and Health Institutions)

The architectural design and layout process of medical and health institutions shall meet the disinfection requirements for the prevention of nosocomial infection of infectious diseases, and the centralized air-conditioning and ventilation systems in key areas such as respiratory fever clinics, isolation and observation wards, and respiratory infectious disease admission and treatment areas shall be equipped with air disinfection devices.

A medical and health institution shall establish disinfection management organizations, formulate disinfection work plans and management systems, and strengthen the management of the unit's disinfection work and disinfection personnel.

A?medical and health institution shall carry out disinfection of medical devices, medical supplies, ambient air, object surfaces, iatrogenic fabrics, treatment water, hospital sewage and dirt in accordance with relevant standards and norms, and conduct monitoring to ensure the effectiveness of disinfection.

Article 24 (Preventive Disinfection Management of Pathogenic Microorganism Laboratories)

The building layout, equipment and facilities of the pathogenic microorganism laboratory shall comply with relevant standards and norms.

A pathogenic microorganism laboratory shall abide by the relevant laws and rules on bio-safety, establish a strict management system, and do a good job of disinfecting experimental equipment, ambient air, object surfaces, contaminated objects, and discarded samples to prevent laboratory infection and the spread of pathogenic microorganisms .

Article 25 ( Preventive Disinfection Management of Relevant Key Places)

Schools, childcare centers, elderly care homes, rehabilitation centers, welfare institutions, relief management agencies, supervision places and other units shall regularly clean and disinfect activity places, living environment, objects, etc. in accordance with relevant standards and norms.

Construction sites, large enterprises, and other units where people live their routine lives in a concentrated manner shall, in accordance with relevant standards and norms, regularly clean and disinfect the places where people live and work together, and the items they use in common.

Article 26 (Preventive Disinfection Management of Public Places)

The cleaning and disinfection of public places such as catering, accommodation, bathing, beauty salons, cultural entertainment, and sports and fitness shall comply with relevant standards and norms. The supplies and utensils provided to customers shall be hygienic and safe, and reusable utensils and items shall be disinfected and exchanged for each customer .

Article 27 (Preventive Disinfection Management of Transportation)

Transportation businesses and management units of stations, ports, airports and other related places shall clean and disinfect transportation vehicles, environment, objects, etc. in accordance with relevant standards and norms.

Article 28 (Preventive Disinfection Management of Funeral Service Agencies)

Every funeral service agency shall, in accordance with relevant standards and norms, promptly disinfect objects and places that come into contact with the remains, and vehicles that transport the remains.

Article 29 (Preventive Disinfection Management of Other Items and Places)

Disinfection management of food, drinking water, blood products, animals and their products, rental clothes, laundry and other items and related places shall be carried out in accordance with relevant laws, rules and regulations.

Chapter V  Emergency Disinfection

Article 30 (Emergency Disinfection for Public Health Emergencies)

The municipal and district people's governments shall strengthen the deployment and arrangement of emergency disinfection work for public health emergencies, set up emergency disinfection teams, reserve disinfection products, disinfection facilities and equipment, protective supplies and other materials; when a public health emergency occurs, it is imperative to call in time emergency disinfection materials and personnel, and carry out emergency disinfection work.

The town/township people's governments and sub-district offices shall organize and carry out emergency disinfection work within their jurisdictions in accordance with the deployment and arrangements of the people's governments at higher levels.

Article 31 (Disinfection of Epidemic Foci of Infectious Diseases)

For sewage, dirt, places and articles contaminated by pathogens of infectious diseases, relevant units and individuals shall carry out strict disinfection treatment under the guidance of disease control agencies or in accordance with the hygiene requirements proposed by them; the disinfection treatment for refusal thereto shall be mandatory according to the relevant provisions of the Infectious Disease Prevention and Control Law.

Article 32 (On-site Emergency Disinfection)

The disinfection accountability unit or the disinfection service agency entrusted by it that specifically implements on-site emergency disinfection shall formulate a disinfection work plan, carry out disinfection in accordance with relevant standards and norms, do a good job in relevant information records and process evaluation, ensure that the disinfection effect and process can be traced, and carry out the evaluation of disinfection effect as required.

Article 33 (Emergency Disinfection of Centralized Isolation Medical Observation Places)

The establishment of centralized isolation medical observation places shall comply with relevant standards and norms, and meet the requirements for implementing disinfection measures; the rooms of centralized isolation persons shall be equipped with disinfection supplies to meet the daily cleaning and disinfection needs.

The management unit of the centralized isolation medical observation place shall establish a disinfection management organization, be equipped with disinfection products, disinfection facilities and equipment, protective equipment and other materials that meet the requirements, and implement disinfection measures such as for the site environment, passages for persons, transfer vehicles, sewage and dirt in accordance with relevant standards and norms; if there is an infectious disease case or a pathogen carrier, terminal disinfection shall be done in time after its transfer, and the disinfection effect evaluation shall be carried out as required.

Article 34 (Emergency Disinfection of Key Places)

When a public health emergency occurs, medical and health institutions, schools, childcare centers, elderly care homes, rehabilitation centers, welfare institutions, relief management agencies, supervision places and other units shall, under the guidance of disease control agencies, implement emergency disinfection measures as required .

Article 35 (Emergency Disinfection of Cold Chain Goods Production and Operation Units)

When an infectious disease breaks out or spreads, in order to prevent the spread of infectious disease pathogens through cold chain goods, every unit engaged in the production and operation of cold chain goods shall do a good job in disinfection of goods, packaging, places, warehouses, means of transportation, and contact surfaces in accordance with relevant provisions, and carry out disinfection effect evaluation as required. Those who carry out disinfection work by themselves shall use corresponding disinfection products, equipment and methods in accordance with relevant standards and norms; those who entrust disinfection work shall choose disinfection service agencies with cold chain disinfection service capabilities and urge them to implement corresponding disinfection measures.

Article 36 (Emergency Reserves and Supply Guarantee)

Disinfection accountability units and disinfection service agencies shall make a good reserve of disinfection products, protective equipment and other materials.

Departments of disease control, food and material reserves, commerce, economy and information technology and transportation shall include disinfection products,  facilities and equipment, protective equipment and other materials into the scope of emergency material reserves and guarantees, and do a good job in emergency supply guarantees.

Article 37 (Applicable by Reference)

Emergency disinfection in the event of natural disasters, accidents and other emergencies shall be carried out by reference to the relevant provisions on emergency disinfection of public health emergencies.

Chapter VI  Supervision and Management

Article 38 (Responsibilities of Supervision and Management)

The competent department of disease control shall supervise and manage the disinfection work of the unit responsible for disinfection, the production situation of disinfection product manufacturers, the hygiene quality of disinfection products, and the disinfection service quality of disinfection service agencies, and punish violations of laws and rules in accordance with the law, and strengthen credit supervision .

Relevant industry competent departments shall supervise and inspect the implementation of disinfection measures by the disinfection accountability units of the industry and the system. If any violations of laws and rules are found, they shall stop them in a timely manner and notify the competent department of disease control to deal with them according to law.

The competent departments of disease control and related industries shall rely on the city to operate the "Integrated Online management" platform to incorporate disinfection supervision information into the public health monitoring and early warning system to achieve information exchange and sharing.

Article 39 (Disinfection Quality Control System)

The municipal disease control department shall establish a disinfection quality control system, formulate a disinfection quality control plan, conduct quality control of disinfection products, activities, and services, and report the relevant results to relevant industry authorities. Relevant industry authorities shall incorporate the results of disinfection quality control into the institutional grade evaluation indicators and the hierarchical and classified supervision and management evaluation indicators.

The disease control agency shall establish a disinfection laboratory with corresponding disinfection product evaluation and on-site disinfection evaluation capabilities, and carry out specific work related to disinfection quality control.

Article 40 (Complaints and Reports)

Every unit and individual who finds any violations of disinfection management provisions can complain and report to the competent department of disease control or relevant industry authorities. Relevant departments receiving complaints and reports shall make timely disposal and inform the complainant of the results of the handling; for those that are not within the responsibility of the department, they shall promptly refer them to the department that has the handling authority, and inform the complainant of the relevant situation.

Article 41 (Industry Self-regulation)

Relevant industry associations shall play the role of industry self-discipline, strengthen guidance and management of industry disinfection work, and promote the implementation of industry disinfection management systems and norms.

Chapter VII  Legal Liability

Article 42 (Guidelines)

For any violations of provisions of these Procedures, if there are already provisions in laws and rules, such provisions shall be followed.

Article 43 (Legal Liability of Disinfection Accountability Units )

If the disinfection accountability unit violates the provisions of these Procedures and has one of the following circumstances, the competent department of disease control shall order it to make correction within a time limit; if it fails to make correction within the time limit, it shall be fined not more than 5,000 yuan; if it causes infectious diseases, it shall be fined not less than 5,000 yuan but not more than20,000 yuan:

1. Failing to carry out relevant disinfection activities in accordance with relevant standards and norms;

2. Failing to carry out prior disinfection verification, disinfection process monitoring and disinfection effect evaluation in accordance with relevant standards and norms when carrying out disinfection activities in key places; or

3. The disinfection effect does not meet the relevant standards and norms.

Article 44 (Legal Liability of Disinfection Service Agencies)

A disinfection service agency that violates the provisions of these Procedures and has one of the following circumstances shall be ordered by the competent disease control department to make correction within a time limit; for failure to make correction within the time limit, it shall be fined not more than 5,000 yuan; if it causes infectious diseases, it shall be fined not less than 5,000 yuan but not more than 20,000 yuan:

1. Failing to formulate disinfection management systems or operating procedures in accordance with provisions;

2. Failing to carry out disinfection activities in accordance with relevant standards and norms, or failing to record, save and report data related to key aspects of disinfection; or

3. The disinfection effect does not meet the relevant standards and norms.

If a disinfection service agency, in violation of Paragraph 1 of Article 18 of these Procedures, fails to get filed as required, the competent department of disease control shall order it to make correction.

Article 45 (Legal Liability of Disinfection Product Business Units)

If a disinfection product business unit violating the provisions of Paragraph 2 of Article 16,of these Procedures, fails to establish and implement the disinfection product certification and inspection system as required, the competent department of disease control shall order it to make correction, and give a warning or circulate a notice of criticism.

Article 46 (Credit Punishment)

For violations of the provisions of these Procedures, in addition to pursuing corresponding legal liability according to law, relevant departments shall also collect relevant untrustworthy information on this Municipality’s public credit information platform in accordance with provisions, and take disciplinary measures according to law.

Article 47 (Administrative Liability)

If the relevant department fails to perform its disinfection management duties in accordance with the provisions of these Procedures, the people's government at the same level or the competent department at a higher level shall order it to make correction and give a circular of criticism; if serious consequences are caused, the chief person in charge and other directly responsible persons shall be punished according to law .

Chapter VIII  Supplementary Provision

Article 48 ( Effective Date)

The Procedures shall be effective as of February 1, 2023.