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Food Safety Law of the People's Republic of China
Summary:
Food producers and operators are responsible for the safety of the food they produce and operate. Food producers and operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure fo...
Food Safety Law of the People's Republic of China
Chapter One   General Principles
Article 1
In order to ensure food safety and protect the health and safety of the public, this law is formulated.
Article 2
In the following activities within the territory of the People's Republic of China, this law shall be observed:
(1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food business);
(2) Production and operation of food additives;
(3) Production and operation of food packaging materials, containers, detergents, disinfectants, and tools and equipment used in food production and operation (hereinafter referred to as food-related products);
(4) Food producers and operators use food additives and food-related products;
(5) Food storage and transportation;
(6) Safety management of food, food additives and food-related products. The quality and safety management of primary agricultural products for food (hereinafter referred to as edible agricultural products) shall comply with the provisions of the "Agricultural Product Quality and Safety Law of the People's Republic of China". However, the market sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this law on agricultural inputs shall comply with the provisions of this law.
Article 3
Food safety work implements prevention-oriented, risk management, full-process control, social governance, and establishes a scientific and strict supervision and management system.
Article 4
Food producers and operators are responsible for the safety of the food they produce and operate. Food producers and operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-discipline, be responsible to the society and the public, accept social supervision, and assume social responsibilities.
The fifth
The State Council establishes the Food Safety Committee, and its duties are prescribed by the State Council. The food safety supervision and administration department of the State Council shall supervise and manage food production and operation activities in accordance with this Law and the duties prescribed by the State Council. The health administration department of the State Council shall organize and carry out food safety risk monitoring and risk assessment in accordance with this Law and the responsibilities stipulated by the State Council, and work with the food safety supervision and management department of the State Council to formulate and publish national food safety standards. Other relevant departments of the State Council shall undertake food safety work in accordance with this Law and the duties prescribed by the State Council.
Article 6
The local people's government at or above the county level is responsible for the food safety supervision and management of the administrative area, unified leadership, organization, and coordination of the food safety supervision and management of the administrative area and the response to food safety emergencies, and establishes a sound food safety supervision and management work mechanism throughout the process And information sharing mechanism. The local people's government at or above the county level shall determine the responsibilities of the food safety supervision and management, health administration and other relevant departments at the same level in accordance with this Law and the provisions of the State Council. Relevant departments are responsible for the supervision and management of food safety within their respective administrative regions. The food safety supervision and management department of the people's government at the county level may set up dispatched offices in towns or specific areas.
Article 7
Local people's governments at or above the county level implement a food safety supervision and management responsibility system. The higher-level people's government is responsible for appraisal and assessment of the food safety supervision and management work of the lower-level people's government. The local people's government at or above the county level is responsible for appraisal and assessment of the food safety supervision and management work of the food safety supervision and management department at the same level and other relevant departments.
eighth
People's governments at or above the county level should include food safety work in the national economic and social development plan at the corresponding level, include food safety work funds in the government's fiscal budget at the same level, strengthen food safety supervision and management capacity building, and provide guarantees for food safety work. The food safety supervision and management department of the people's government at or above the county level and other relevant departments shall strengthen communication and close cooperation, according to their respective responsibilities, exercise their powers and assume responsibilities in accordance with the law.
Article 9
Food industry associations should strengthen industry self-discipline, establish and improve industry standards and rewards and punishment mechanisms in accordance with the articles of association, provide food safety information, technology and other services, guide and urge food producers and operators to produce and operate in accordance with the law, promote industry integrity, and promote and popularize food safety knowledge. Consumer associations and other consumer organizations shall conduct social supervision in accordance with the law for acts that violate the provisions of this law and damage the legitimate rights and interests of consumers.
Article 10
People’s governments at all levels should strengthen food safety publicity and education, popularize food safety knowledge, encourage social organizations, grassroots autonomous organizations, and food producers and operators to carry out food safety laws, regulations, food safety standards and knowledge, and promote healthy food. The way of eating, enhance consumers' food safety awareness and self-protection ability. The news media shall carry out public welfare publicity of food safety laws, regulations, food safety standards and knowledge, and conduct public opinion supervision on food safety violations. Publicity reports on food safety should be true and fair.
Article 11
The state encourages and supports the development of basic research and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technologies and advanced management practices to improve food safety. The state implements a strict management system for the use of pesticides, accelerates the elimination of highly toxic, highly toxic, and high-residue pesticides, promotes the development and application of alternative products, and encourages the use of high-efficiency, low-toxicity and low-residue pesticides.
Article 12
Any organization or individual has the right to report food safety violations, obtain food safety information from relevant departments in accordance with the law, and put forward opinions and suggestions on food safety supervision and management.
Article 13
Units and individuals that have made outstanding contributions to food safety will be commended and rewarded in accordance with relevant national regulations.
Chapter 2   Food Safety Risk Monitoring and Assessment
Article 14
The state establishes a food safety risk monitoring system to monitor food-borne diseases, food contamination, and harmful factors in food. The health administration department of the State Council, in conjunction with the food safety supervision and administration department of the State Council, formulates and implements the national food safety risk monitoring plan. The food safety supervision and administration department of the State Council and other relevant departments shall immediately verify and notify the health administration department of the State Council after they have learned the relevant food safety risk information. The health administration department of the State Council shall analyze and study the food safety risk information reported by relevant departments and the foodborne disease information reported by medical institutions in conjunction with relevant departments of the State Council, and adjust the national food safety risk monitoring plan in a timely manner if deemed necessary. The health administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, together with the food safety supervision and management departments at the same level, formulate and adjust the food safety risk monitoring plan of the administrative area in accordance with the national food safety risk monitoring plan and the specific conditions of the administrative area. The health administration department of the State Council shall be put on record and implemented.
Article 15
The technical institution undertaking the food safety risk monitoring work shall carry out the monitoring work in accordance with the food safety risk monitoring plan and monitoring plan, ensure the authenticity and accuracy of the monitoring data, and submit the monitoring data and analysis results in accordance with the requirements of the food safety risk monitoring plan and monitoring plan. Food safety risk monitoring personnel have the right to enter relevant edible agricultural products cultivation and breeding, food production and operation sites to collect samples and collect relevant data. The collection of samples shall be paid according to the market price.
Article 16
If the food safety risk monitoring results indicate that there may be hidden food safety hazards, the health administrative department of the people's government at or above the county level shall promptly report the relevant information to the food safety supervision and management department at the same level, and report to the people's government at the same level and the health administrative department of the higher-level people's government. Food safety supervision and management departments shall organize further investigations.
Article 17
The state establishes a food safety risk assessment system, uses scientific methods, and conducts risk assessment of biological, chemical and physical hazards in food, food additives, and food-related products based on food safety risk monitoring information, scientific data and related information. The health administration department of the State Council is responsible for organizing food safety risk assessment and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology, and the environment to conduct food safety risk assessment. The results of the food safety risk assessment shall be announced by the health administration department of the State Council. The safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives, etc. shall involve experts from the Food Safety Risk Assessment Expert Committee. The food safety risk assessment shall not charge any fees to the producers and operators, and the fees shall be paid at market prices for the collection of samples.
Article 18
In any of the following situations, a food safety risk assessment shall be conducted:
(1) It is discovered that food, food additives, or food-related products may have potential safety hazards through food safety risk monitoring or receiving reports;
(2) Risk assessment is needed to provide scientific basis for formulating or revising national food safety standards;
(3) Risk assessment is required to determine the key areas and key varieties of supervision and management;
(4) Discovery of new factors that may endanger food safety;
(5) It is necessary to judge whether a certain factor constitutes a hidden food safety hazard;
(6) Other situations where the health administration department of the State Council considers that risk assessment is necessary.
Article 19
If the food safety supervision and management, agricultural administration and other departments of the State Council find that food safety risk assessment needs to be carried out in the supervision and management work, they shall propose food safety risk assessment recommendations to the health administration department of the State Council, and provide risk sources, relevant inspection data and conclusions and other information ,data. Under the circumstances specified in Article 18 of this Law, the health administrative department of the State Council shall conduct a food safety risk assessment in a timely manner and notify the relevant departments of the State Council of the assessment results.
Article 20
The health administration and agricultural administration departments of the people's governments at or above the provincial level shall promptly inform each other of food and edible agricultural product safety risk monitoring information. The health administration and agricultural administration departments of the State Council shall promptly inform each other of information on the safety risk assessment results of food and edible agricultural products.
Article 21
The result of food safety risk assessment is the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management. After food safety risk assessment, it is concluded that food, food additives, and food-related products are unsafe, the food safety supervision and administration department of the State Council shall immediately announce to the public according to their respective responsibilities to inform consumers to stop eating or use, and take corresponding measures. Ensure that the food, food additives, and food-related products stop production and operation; if it is necessary to formulate or revise relevant national food safety standards, the health administration department of the State Council shall immediately formulate and revise them in conjunction with the food safety supervision and administration department of the State Council.
Article 22
The food safety supervision and management department of the State Council shall, in conjunction with relevant departments of the State Council, conduct a comprehensive analysis of the food safety situation based on the results of food safety risk assessment and food safety supervision and management information. For foods that may have a relatively high degree of safety risk after a comprehensive analysis, the food safety supervision and administration department of the State Council shall promptly raise a food safety risk warning and make it public.
Article 23
The food safety supervision and management department of the people’s government at or above the county level and other relevant departments, food safety risk assessment expert committees and their technical institutions shall organize food producers, operators, food inspection agencies, and certification agencies in accordance with the principles of science, objectivity, timeliness and openness , Food industry associations, consumer associations and news media, etc., to communicate on food safety risk assessment information and food safety supervision and management information.
Chapter III   Food Safety Standards
Article 24
The formulation of food safety standards should be aimed at protecting the health of the public, and be scientific, reasonable, safe and reliable.
Article 25
Food safety standards are mandatory standards. Except for food safety standards, no other mandatory food standards shall be formulated.
Article 26
Food safety standards should include the following:
(1) Limitation regulations for pathogenic microorganisms in food, food additives, food-related products, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants, and other substances harmful to human health;
(2) Varieties, application scope and dosage of food additives;
(3) The nutritional content requirements of the main and supplementary foods exclusively for infants and other specific groups of people;
(4) Requirements for labels, signs and instructions related to food safety requirements such as hygiene and nutrition;
(5) Hygienic requirements in the food production and operation process;
(6) Quality requirements related to food safety;
(7) Food inspection methods and procedures related to food safety;
(8) Other content that needs to be formulated as food safety standards.
Article 27
National food safety standards are formulated and promulgated by the health administration department of the State Council in conjunction with the food safety supervision and administration department of the State Council, and the standardization administration department of the State Council provides the national standard number. The limits of pesticide residues and veterinary drug residues in food and their inspection methods and procedures shall be formulated by the health administrative department of the State Council, the agricultural administrative department of the State Council and the food safety supervision and management department of the State Council. The inspection procedures for slaughtered livestock and poultry shall be formulated by the agricultural administrative department of the State Council in conjunction with the health administrative department of the State Council.
Article 28
The formulation of national food safety standards should be based on the results of the food safety risk assessment and fully consider the results of the safety risk assessment of edible agricultural products, refer to relevant international standards and the results of international food safety risk assessments, and publish the draft national food safety standards to the public, and listen to food extensively. Opinions from producers and operators, consumers, and relevant departments. National food safety standards shall be reviewed and approved by the National Food Safety Standard Review Committee organized by the health administrative department of the State Council. The National Food Safety Standards Review Committee is composed of experts in medicine, agriculture, food, nutrition, biology, environment, etc., as well as representatives of relevant departments of the State Council, food industry associations, and consumer associations. It is scientific and practical for the draft national food safety standards. Sex and so on.
Article 29
For local specialty foods that do not have national food safety standards, the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate and publish local food safety standards and report them to the health administrative department of the State Council for the record. After the national food safety standard is formulated, the local standard will be abolished.
Article 30
The state encourages food production enterprises to formulate enterprise standards that are stricter than national or local food safety standards, which are applicable to their enterprises and report to the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for the record.
Article 31
The health administrative department of the people's government at or above the provincial level shall publish on its website the national food safety standards, local standards and enterprise standards formulated and filed for the public to consult and download for free. The health administrative department of the people's government at or above the county level shall, in conjunction with relevant departments, provide timely guidance and answers to problems in the implementation of food safety standards.
Article 32
The health administration department of the people's government at or above the provincial level shall, in conjunction with the food safety supervision and management, agricultural administration and other departments at the same level, respectively track and evaluate the implementation of the national and local food safety standards, and revise the food safety standards in a timely manner based on the evaluation results. The food safety supervision and management, agricultural administration and other departments of the people's government at or above the provincial level shall collect and summarize the problems in the implementation of food safety standards, and promptly report to the health administration department at the same level. Food producers and operators or food industry associations should report to the health administrative department immediately if they find that there are problems in the implementation of food safety standards.
Chapter Four: Food Production and Operation
Article 33
Food production and operation shall comply with food safety standards and meet the following requirements:
(1) Having food raw material processing and food processing, packaging, storage and other places suitable for the variety and quantity of food produced and operated, keeping the environment clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;
(2) Having production and operation equipment or facilities suitable for the variety and quantity of food produced and operated, and corresponding disinfection, dressing, washing, lighting, lighting, ventilation, and anti-corrosion, Dust-proof, fly-proof, rodent-proof, insect-proof, washing and waste water treatment, garbage and waste storage equipment or facilities;
(3) Having full-time or part-time food safety professional and technical personnel, food safety management personnel, and rules and regulations to ensure food safety;
(4) It has a reasonable equipment layout and process flow to prevent cross-contamination between food to be processed and directly imported food, raw materials and finished products, and avoid food contact with toxic and unclean substances;
(5) Tableware, drinking utensils, and containers for directly ingested food should be washed and disinfected before use, and cooking utensils and utensils should be washed and kept clean after use;
(6) The containers, tools and equipment for storing, transporting and loading and unloading food shall be safe, harmless, kept clean, prevent food contamination, and meet special requirements such as temperature and humidity required to ensure food safety, and shall not associate food with poisonous or harmful Store and transport the items together;
(7) Non-toxic and clean packaging materials, tableware, drinking utensils and containers shall be used for food directly imported;
(8) Food production and business personnel should maintain personal hygiene. When producing and selling food, they should wash their hands and wear clean work clothes and hats; when selling unpackaged food directly for consumption, they should use non-toxic, clean containers, Vending tools and equipment;
(9) The water used shall meet the sanitary standards for drinking water prescribed by the state;
(10) The detergents and disinfectants used shall be safe and harmless to the human body;
(11) Other requirements stipulated by laws and regulations. Non-food producers and operators engaged in food storage, transportation, loading and unloading shall comply with the provisions of Item 6 of the preceding paragraph.
Article 34
The production and operation of the following foods, food additives, and food-related products are prohibited:
(1) Foods produced with non-food raw materials or foods with chemical substances other than food additives and other substances that may harm human health, or foods produced with recycled foods as raw materials;
(2) Pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants, as well as foods, food additives, and food-related products whose content of other substances harmful to human health exceeds the limit of food safety standards;
(3) Food and food additives produced with food raw materials and food additives that have exceeded the shelf life;
(4) Foods that use food additives beyond the scope or limit;
(5) Main and supplementary foods exclusively for infants and other specific groups of people whose nutritional components do not meet the food safety standards;
(6) Foods and food additives that are spoiled, rancid, oily, mildewed, filthy, unclean, mixed with foreign matter, adulterated or adulterated or have abnormal sensory properties;
(7) Poultry, livestock, beasts, aquatic animal meat and their products that died of disease, poisoning, or the cause of death is unknown;
(8) Meat that has not been quarantined or failed to pass the quarantine, or meat products that have not been inspected or failed to pass the inspection;
(9) Food and food additives contaminated by packaging materials, containers, transportation tools, etc.;
(10) Food and food additives marked with false production date, shelf life, or over shelf life;
(11) Unlabeled pre-packaged food and food additives;
(12) The state expressly prohibits the production and operation of food for special needs such as disease prevention;
(13) Other foods, food additives, and food-related products that do not comply with laws, regulations or food safety standards.
Article 35
The state implements a licensing system for food production and operation. To engage in food production, food sales, and catering services, a license shall be obtained according to law. However, the sale of edible agricultural products does not require a license. The food safety supervision and administration department of the local people’s government at or above the county level shall, in accordance with the provisions of the "Administrative Licensing Law of the People’s Republic of China," review the relevant requirements of the first to fourth items of the first paragraph of Article 33 of this law submitted by the applicant If necessary, the applicant’s production and business premises shall be inspected on-site; if the prescribed conditions are met, the permit shall be granted; if the prescribed conditions are not met, the permit shall not be granted and the reasons shall be stated in writing.
Article 36
Small food production and processing workshops and food vendors engaged in food production and operation activities shall comply with the food safety requirements in accordance with the scale and conditions of their production and operation as stipulated in this law, and ensure that the food produced and operated is hygienic, non-toxic, harmless, and food safe. The supervision and management department shall strengthen supervision and management of it. Local people’s governments at or above the county level shall conduct comprehensive management of small food production and processing workshops, food vendors, etc., strengthen services and unified planning, improve their production and operation environment, encourage and support them to improve production and operation conditions, and enter centralized trading markets, stores, etc. Operating on premises, or in designated temporary operating areas and time periods. Specific management measures for small food production and processing workshops and food vendors shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 37
The use of new food raw materials to produce food, or to produce new varieties of food additives or new food-related products, shall submit relevant product safety assessment materials to the health administration department of the State Council. The administrative department of health under the State Council shall organize an examination within 60 days from the date of receipt of the application; for those that meet the food safety requirements, permit and publish; for those that do not meet the food safety requirements, they shall not grant the permit and give reasons in writing.
Article 38
Drugs are not allowed to be added to the food produced and operated, but substances that are traditionally both food and Chinese medicinal materials can be added. According to tradition, the list of substances that are both food and Chinese medicinal materials is formulated and announced by the health administration department of the State Council in conjunction with the food safety supervision and management department of the State Council.
Article 39
The state implements a licensing system for the production of food additives. Those engaged in the production of food additives shall have the premises, production equipment or facilities, professional and technical personnel and management systems that are compatible with the types of food additives produced, and shall obtain the production of food additives in accordance with the procedures stipulated in the second paragraph of Article 35 of this law. license. The production of food additives shall comply with laws, regulations and national food safety standards.
Article 40
Food additives shall be technically necessary and safe and reliable through risk assessment before they can be included in the permitted scope of use; relevant national food safety standards shall be revised in time based on technical necessity and the results of food safety risk assessment. Food producers and operators shall use food additives in accordance with national food safety standards.
Article 41
The production of food-related products shall comply with laws, regulations and national food safety standards. For food-related products with higher risks such as packaging materials that directly contact food, production licenses shall be implemented in accordance with the national regulations on the management of industrial product production licenses. The food safety supervision and management department shall strengthen the supervision and management of the production activities of food-related products.
Article 42
The state establishes a food safety traceability system throughout the process. Food producers and operators shall, in accordance with the provisions of this law, establish a food safety traceability system to ensure food traceability. The state encourages food producers and operators to use information technology to collect and retain production and operation information and establish a food safety traceability system. The Food Safety Supervision and Administration Department of the State Council, together with the agricultural administration of the State Council and other relevant departments, establish a food safety traceability and coordination mechanism.
Article 43
Local people's governments at all levels shall take measures to encourage large-scale food production, chain operation and distribution. The state encourages food production and operation enterprises to participate in food safety liability insurance.
Article 44
Food production and operation enterprises shall establish and improve food safety management systems, conduct food safety knowledge training for employees, strengthen food inspection work, and engage in production and operation activities in accordance with the law. The main person in charge of a food production and operation enterprise shall implement the enterprise's food safety management system and be fully responsible for the food safety work of the enterprise. Food production and operation enterprises shall be equipped with food safety management personnel and strengthen their training and assessment. Those who do not have the ability to manage food safety after being assessed shall not be allowed to work. The food safety supervision and administration department shall conduct random supervision and random inspection and assessment of the food safety management personnel of the enterprise and announce the assessment results. No fees shall be charged for supervision and random inspection.
Article 45
Food producers and operators shall establish and implement a health management system for employees. Persons suffering from diseases that hinder food safety as prescribed by the health administrative department of the State Council shall not engage in work that comes into contact with directly imported food. Food production and business personnel engaged in the work of contacting directly imported foods shall undergo an annual health check and obtain a health certificate before starting work.
Article 46
Food production enterprises shall formulate and implement control requirements for the following matters to ensure that the food produced meets food safety standards:
(1) Raw material procurement, raw material acceptance, and material feeding control;
(2) Control of production processes, equipment, storage, packaging and other key production links;
(3) Inspection control of raw material inspection, semi-finished product inspection, and finished product factory inspection;
(4) Transportation and delivery control.
Article 47
Food producers and operators shall establish a food safety self-inspection system and conduct regular inspections and evaluations of food safety conditions. If the production and operation conditions change and no longer meet the food safety requirements, the food producer and business operator shall immediately take corrective measures; if there is a potential risk of food safety accidents, they shall immediately stop food production and business activities and report to the local county-level people’s government for food safety Supervision and management department reports.
Article 48
The state encourages food production and operation enterprises to comply with the requirements of good production practices, implement a hazard analysis and critical control point system, and improve the level of food safety management. For food production and operation enterprises that have passed the Good Manufacturing Practices, Hazard Analysis and Critical Control Point System certification, the certification agency shall conduct follow-up investigations in accordance with the law; The safety supervision and management department shall notify and announce to the public. Certification agencies shall not charge fees for follow-up investigations.
Article 49
Producers of edible agricultural products should use agricultural inputs such as pesticides, fertilizers, veterinary drugs, feeds and feed additives in accordance with food safety standards and relevant national regulations, and strictly implement the provisions of the safe interval or withdrawal period for the use of agricultural inputs, and must not use the state banned Of agricultural inputs. It is forbidden to use highly toxic and highly toxic pesticides on vegetables, fruits, tea and Chinese herbal medicines and other crops stipulated by the state. Production enterprises of edible agricultural products and specialized cooperative economic organizations of farmers shall establish a record system for the use of agricultural inputs. The agricultural administrative department of the people's government at or above the county level shall strengthen the supervision, management and guidance on the use of agricultural inputs, and establish and improve the system for the safe use of agricultural inputs.
Article 50
Food producers purchasing food raw materials, food additives, and food-related products shall check the supplier’s license and product qualification certificate; for food raw materials that cannot be provided with a qualification certificate, they shall be inspected in accordance with food safety standards; they shall not purchase or use non-compliant products. Food raw materials, food additives, and food-related products subject to food safety standards. Food production enterprises shall establish an inspection record system for the purchase of food raw materials, food additives, and food-related products, and truthfully record the names, specifications, quantities, production dates or production batch numbers, shelf life, purchase dates and supply of food raw materials, food additives, and food-related products. Name, address, contact information, etc., and save relevant vouchers. The retention period of records and vouchers shall not be less than six months after the expiration of the product warranty period; if there is no clear guarantee period, the retention period shall not be less than two years.
Article 51
Food production enterprises shall establish a food delivery inspection record system to check the inspection certificate and safety status of the delivered food, and truthfully record the name, specification, quantity, production date or production batch number, shelf life, inspection certificate number, sales date and purchase of the food. Name, address, contact information, etc., and save relevant vouchers. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law.
Article 52
Producers of foods, food additives, and food-related products shall inspect the foods, food additives, and food-related products produced in accordance with food safety standards, and only after passing the inspections can they leave the factory or sell.
Article 53
When purchasing food, a food business operator shall check the supplier’s license and the food factory inspection certificate or other qualification certificates (hereinafter referred to as qualification certificates). Food business enterprises shall establish a food purchase inspection record system to truthfully record the name, specification, quantity, production date or production batch number, shelf life, purchase date, supplier name, address, and contact information of the food, and keep relevant vouchers. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law. A food business enterprise that implements a unified distribution operation method may uniformly check the supplier’s license and food qualification certificates by the corporate headquarters to conduct food purchase inspection records. Business enterprises engaged in food wholesale business should establish a food sales record system to truthfully record the name, specification, quantity, production date or production batch number, shelf life, sales date and purchaser's name, address, and contact information of the wholesale food, and keep it Related credentials. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law.
Article 54
Food business operators shall store food in accordance with the requirements for ensuring food safety, regularly check the food in stock, and promptly clean up the food that has deteriorated or has exceeded the shelf life. When storing bulk food, a food business operator shall indicate the name of the food, the date of production or batch number, the shelf life, the name of the producer, and the contact information at the storage location.
Article 55
Catering service providers shall formulate and implement raw material control requirements, and shall not purchase food raw materials that do not meet food safety standards. Advocate catering service providers to disclose the processing process and publicize information on food ingredients and their sources. The catering service provider shall inspect the food and raw materials to be processed during the processing process, and shall not process or use the food and raw materials that are found in the circumstances specified in Article 34, Paragraph 6 of this Law.
Article 56
Catering service providers shall regularly maintain food processing, storage, display and other facilities and equipment; regularly clean and verify heat preservation facilities and refrigeration and freezing facilities. Catering service providers shall clean and disinfect tableware and drinking utensils as required, and shall not use unwashed and disinfected tableware and drinking utensils; if catering service providers entrust the cleaning and disinfection of tableware and drinking utensils, they shall entrust tableware that meets the requirements of this law. , Drinking utensils centralized disinfection service unit.
Article 57
The canteens of schools, kindergartens, elderly care institutions, construction sites and other centralized dining units shall strictly abide by laws, regulations and food safety standards; those who order meals from the catering units shall order meals from enterprises that have obtained food production and operation licenses, and shall provide for The ordered food is inspected. The catering unit shall strictly abide by the laws, regulations and food safety standards, and process the meals to ensure food safety. The competent departments of schools, childcare institutions, elderly care institutions, construction sites and other centralized dining units shall strengthen food safety education and daily management of centralized dining units, reduce food safety risks, and eliminate food safety hazards in a timely manner.
Article 58
Service units for centralized disinfection of tableware and drinking utensils shall have corresponding workplaces, cleaning and disinfection equipment or facilities, and the water and detergents and disinfectants used shall comply with relevant national food safety standards and other national standards and sanitation norms. The centralized disinfection service unit for tableware and drinking utensils shall conduct batch-by-batch inspection of disinfected tableware and drinking utensils. Only after passing the inspection can they leave the factory, and shall be accompanied by a disinfection qualification certificate. Disinfected tableware and drinking utensils should be marked with the name, address, contact information, disinfection date and expiration date on the independent packaging.
Article 59
The food additive producer shall establish a food additive factory inspection record system, check the inspection certificate and safety status of the factory product, and truthfully record the name, specification, quantity, production date or production date of the food additive.Production batch number, shelf life, inspection certificate number, date of sale and purchaser's name, address, contact information and other related content, and save relevant vouchers. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law.
Article 60
When purchasing food additives, food additive operators shall check the supplier’s license and product qualification documents in accordance with the law, and truthfully record the name, specification, quantity, production date or production batch number, shelf life, purchase date, and supplier’s name, Address, contact information, etc., and save relevant vouchers. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law.
Article 61
Organizers of centralized trading markets, counter renters, and fair organizers shall review the permits of food operators who enter the market in accordance with the law, clarify their food safety management responsibilities, and regularly inspect their business environment and conditions, and find that they violate this Acts stipulated by the law shall be stopped in time and reported to the food safety supervision and administration department of the people's government at the county level where it is located.
Article 62
Providers of third-party platforms for online food transactions shall register real-name food operators on the Internet to clarify their food safety management responsibilities; if they should obtain a license in accordance with the law, they shall also review their license. Online food trading third-party platform providers shall promptly stop and report to the food safety supervision and management department of the county-level people’s government where they are located if they discover that online food operators have violated the provisions of this law; if serious violations are found, they shall immediately stop providing online transactions Platform services.
Article 63
The state establishes a food recall system. If a food producer discovers that the food it produces does not meet food safety standards or has evidence that it may endanger human health, it shall immediately stop production, recall the food that has been on the market, notify the relevant producers and consumers, and record the recall and notification . If a food business operator discovers that the food it deals with is under the circumstances specified in the preceding paragraph, it shall immediately stop its business operation, notify the relevant producers, business operators and consumers, and record the suspension of business operations and notifications. If the food producer thinks it should be recalled, it should be recalled immediately. The food business operator shall recall if the food it deals with has the circumstances specified in the preceding paragraph due to the food business operator. Food producers and operators shall take measures such as harmless treatment and destruction of the recalled food to prevent it from entering the market again. However, for foods that are recalled because their labels, signs or instructions do not meet food safety standards, food producers can continue to sell them if they take remedial measures and can ensure food safety; they should clearly indicate remedial measures to consumers when selling them. Food producers and operators shall report the food recall and handling to the food safety supervision and administration department of the people's government at the county level; if the recalled food needs to be harmlessly treated or destroyed, the time and place shall be reported in advance. The food safety supervision and administration department may implement on-site supervision if deemed necessary. If a food producer or business operator fails to recall or stop operating in accordance with the provisions of this article, the food safety supervision and administration department of the people's government at or above the county level may order it to recall or stop operating.
Article 64
The wholesale market for edible agricultural products shall be equipped with inspection equipment and inspectors or entrust a food inspection agency that meets the provisions of this law to conduct sampling inspections on the edible agricultural products sold in the wholesale market; if it is found that the food safety standards are not met, the seller shall immediately stop selling , And report to the food safety supervision and management department.
Article 65
Sellers of edible agricultural products shall establish an inspection record system for the purchase of edible agricultural products, truthfully record the name, quantity, date of purchase of edible agricultural products, and the name, address, and contact information of the supplier, and keep relevant vouchers. The retention period of records and vouchers shall not be less than six months.
Article 66
Food-related products such as food additives such as preservatives, preservatives, and packaging materials used in packaging, preservation, storage, and transportation of edible agricultural products that enter the market shall comply with national food safety standards.
Article 67
The packaging of prepackaged food should have a label. The label should indicate the following:
(1) Name, specification, net content, and production date;
(2) List of ingredients or ingredients;
(3) The name, address, and contact information of the producer;
(4) Shelf life;
(5) Product standard code;
(6) Storage conditions;
(7) The general name of the food additives used in the national standards;
(8) Production license number;
(9) Other matters that should be indicated in laws, regulations or food safety standards. The label of the main and supplementary foods for infants and other specific groups shall also indicate the main nutrients and their contents. If the national food safety standards have other provisions on labeling matters, those provisions shall prevail.
Article 68
When selling bulk food, food business operators shall indicate the name, production date or production batch number, shelf life, name, address, and contact information of the food on the container and outer packaging of the bulk food.
Article 69
The production and operation of genetically modified food shall be marked in accordance with regulations.
Article 70
Food additives should have labels, instructions and packaging. The labels and instructions shall state the items specified in the first to sixth, eighth, and ninth items of Article 67 of this law, as well as the scope, amount, and method of use of food additives. The words "Food Additives" should be written on it.
Article 71
The labels and instructions of food and food additives must not contain false content, and must not involve disease prevention and treatment functions. The producers and operators shall be responsible for the contents of the labels and manuals they provide. The labels and instructions of food and food additives should be clear and conspicuous, and the production date and shelf life should be clearly marked and easy to identify. Food and food additives that are inconsistent with the contents of their labels and instructions shall not be marketed.
Article 72
Food business operators shall sell food in accordance with the warning signs, warning instructions or precautions on food labels.
Article 73
The content of food advertisements should be true and legal, must not contain false content, and must not involve disease prevention or treatment functions. Food producers and operators are responsible for the authenticity and legality of food advertising content. The food safety supervision and administration department of the people's government at or above the county level and other relevant departments, as well as food inspection agencies and food industry associations shall not recommend food to consumers in advertising or other forms. Consumer organizations may not recommend food to consumers by charging fees or in other ways for profit.
Article 74
The state implements strict supervision and management of special foods such as health foods, formulas for special medical purposes, and formulas for infants and young children.
Article 75
Health food claims for health functions should have a scientific basis and must not cause acute, subacute or chronic harm to the human body. The list of health food raw materials and the list of health functions allowed for health food claims shall be formulated, adjusted and published by the food safety supervision and administration department of the State Council in conjunction with the health administration department of the State Council and the State Administration of Traditional Chinese Medicine. The health food raw material catalog should include the name, amount and corresponding efficacy of the raw materials; the raw materials listed in the health food raw material catalog can only be used in the production of health food, and shall not be used in the production of other foods.
Article 76
Health foods that use raw materials not included in the health food raw material list and health foods imported for the first time shall be registered by the food safety supervision and administration department of the State Council. However, if the first imported health food contains supplementary vitamins, minerals and other nutrients, it should be reported to the food safety supervision and administration department of the State Council for record. Other health foods should be reported to the food safety supervision and administration department of the people's government of the province, autonomous region, and municipality directly under the Central Government for the record. The imported health food should be a product approved by the competent authority of the exporting country (region) to be marketed.
Article 77
For health foods that should be registered in accordance with the law, materials and samples such as health food research and development reports, product formulas, production processes, safety and health function evaluations, labels, instructions, etc. shall be submitted when registering, and relevant supporting documents shall be provided. The Food Safety Supervision and Administration Department of the State Council organizes a technical review and grants registration if it meets the requirements of safety and function claims; if it does not meet the requirements, it does not grant registration and gives reasons in writing. If a decision is made to approve the registration of health foods that use raw materials other than the health food raw materials list, the raw materials shall be included in the health food raw materials list in time. For health foods that should be filed in accordance with the law, product formulas, production processes, labels, instructions and materials indicating product safety and health functions should be submitted when filing.
Article 78
The labels and instructions of health foods must not involve disease prevention and treatment functions. The content should be true and consistent with the content of the registration or filing. It should specify suitable people, unsuitable people, functional ingredients or iconic ingredients and their contents, and declare " This product cannot replace drugs". The function and composition of the health food should be consistent with the label and instructions.
Article 79
In addition to complying with the provisions of the first paragraph of Article 73 of this law, health food advertisements should also declare that "this product cannot replace drugs"; its content should be approved by the food safety supervision and management department of the people's government of the province, autonomous region, or municipality where the production enterprise is located Review and approve, and obtain the health food advertisement approval document. The food safety supervision and administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall publish and timely update the approved health food advertisement catalogues and approved advertisement content.
Article 80
Formula foods for special medical purposes shall be registered by the food safety supervision and administration department of the State Council. At the time of registration, the product formula, production process, label, instructions, and materials indicating the product's safety, nutritional adequacy and clinical effects for special medical purposes should be submitted. The advertisement of formula foods for special medical purposes shall be governed by the "Advertising Law of the People's Republic of China" and other laws and administrative regulations on the administration of pharmaceutical advertisements.
Article 81
Infant formula food production enterprises shall implement the whole process quality control from the raw materials entering the factory to the finished product leaving the factory, and implement batch-by-batch inspection of the infant formula foods that leave the factory to ensure food safety. The raw milk, auxiliary materials and other food raw materials and food additives used in the production of infant formula foods shall comply with the provisions of laws, administrative regulations and national food safety standards to ensure the nutritional ingredients required for the growth and development of infants and young children. Infant formula food production enterprises shall file food raw materials, food additives, product formulas and labels with the food safety supervision and administration department of the people's government of the province, autonomous region, and municipality directly under the Central Government. The product formula of infant formula milk powder shall be registered by the food safety supervision and administration department of the State Council. When registering, the formula research and development report and other materials indicating the scientificity and safety of the formula should be submitted. It is not allowed to produce infant formula milk powder in sub-packages, and the same enterprise cannot use the same formula to produce infant formula milk powder of different brands.
Article 82
The registrant or recorder of health food, formula food for special medical purposes, and infant formula milk powder shall be responsible for the authenticity of the materials submitted. The food safety supervision and administration department of the people's government at or above the provincial level shall promptly announce the registered or filed catalogs of health foods, formula foods for special medical purposes, and infant formula milk powders, and keep confidential the business secrets of enterprises learned during registration or filing. Manufacturers of health food, formula food for special medical purposes, and infant formula milk powder shall organize their production in accordance with the technical requirements of the registered or filed product formula and production process.
Article 83
Companies that produce health foods, formula foods for special medical purposes, formula foods for infants and young children, and other main and supplementary foods for specific groups of people, should establish a production quality management system that is compatible with the food they produce in accordance with the requirements of good manufacturing practices. Conduct self-inspection on the operation of the system to ensure its effective operation, and submit a self-inspection report to the local county-level food safety supervision and management department.
Chapter 5: Food Inspection
Article 84
Food inspection agencies can only engage in food inspection activities after obtaining qualification accreditation in accordance with relevant national certification and accreditation regulations. However, unless otherwise provided by law. The qualification accreditation conditions and inspection specifications of food inspection agencies shall be stipulated by the food safety supervision and administration department of the State Council. The inspection report issued by the food inspection agency that complies with the provisions of this law has the same effect. People's governments at or above the county level shall integrate food inspection resources and realize resource sharing.
Article 85
Food inspection is carried out independently by an inspector designated by the food inspection agency. Inspectors shall inspect food in accordance with relevant laws and regulations, and in accordance with food safety standards and inspection specifications, respect science, abide by professional ethics, and ensure that the inspection data and conclusions issued are objective and fair, and no false inspection reports are issued.
Article 86
Food inspection implements the responsibility system of food inspection agencies and inspectors. The food inspection report shall be stamped with the official seal of the food inspection agency, and shall be signed or sealed by the inspector. Food inspection agencies and inspectors are responsible for the food inspection reports issued.
Article 87
The food safety supervision and administration department of the people's government at or above the county level shall conduct regular or irregular sampling inspections of food, and announce the inspection results in accordance with relevant regulations, and shall not be exempt from inspection. To conduct sampling inspections, the sampled samples shall be purchased, and the food inspection agency that meets the provisions of this law shall be entrusted to conduct the inspection, and relevant expenses shall be paid; inspection fees and other expenses shall not be collected from food producers and operators.
Article 88
If there is any objection to the inspection conclusion implemented in accordance with the provisions of this law, the food producer and business operator may, within seven working days from the date of receipt of the inspection conclusion, report to the food safety supervision and management department that conducts sampling inspections or the food safety supervision and management department at the next higher level. When a re-inspection application is submitted, the food safety supervision and administration department that accepts the re-inspection application shall randomly select a re-inspection agency to conduct re-inspection in the published list of re-inspection agencies. The re-inspection conclusion issued by the re-inspection agency shall be the final inspection conclusion. The re-inspection institution and the initial inspection institution shall not be the same institution. The list of re-inspection agencies shall be jointly announced by the State Council’s certification and accreditation supervision and management, food safety supervision and management, health administration, and agricultural administration departments. The rapid testing methods prescribed by the state are used to conduct random inspections of edible agricultural products. If the person subject to the random inspection has objections to the test results, they can apply for re-inspection within four hours from the receipt of the test results. Re-inspection shall not use rapid detection methods.
Article 89
Food production enterprises may conduct inspections on the food they produce, or they may entrust food inspection agencies that comply with the provisions of this law to conduct inspections. Food industry associations, consumer associations and other organizations and consumers who need to entrust a food inspection agency to inspect food shall entrust a food inspection agency that meets the provisions of this law.
Article 90
The inspection of food additives shall be governed by the provisions of this law on food inspection.
Chapter VI: Food Import and Export
Article 91
The national entry-exit inspection and quarantine department shall supervise and manage the safety of imported and exported food.
Article 92
Imported food, food additives, and food-related products shall comply with my country's national food safety standards. Imported food and food additives shall be qualified by the entry-exit inspection and quarantine agency in accordance with the relevant laws and administrative regulations on import and export commodity inspection. Imported food and food additives shall be accompanied by qualified certification materials in accordance with the requirements of the national entry-exit inspection and quarantine department.
Article 93
When importing food for which there is no national food safety standard, the overseas exporter, overseas production enterprise or the importer entrusted by it shall submit the relevant national (regional) standards or international standards to be implemented to the health administration department of the State Council. The health administration department of the State Council reviews the relevant standards and decides that they meet the food safety requirements and decides to apply them temporarily, and promptly formulate corresponding national food safety standards. Import and use new food raw materialsProduced foods or imported new varieties of food additives and new food-related products shall be handled in accordance with Article 37 of this Law. The entry-exit inspection and quarantine agency shall inspect the food, food additives, and food-related products specified in the preceding paragraph in accordance with the requirements of the health administration department of the State Council. The inspection results should be made public.
Article 94
Overseas exporters and overseas production enterprises shall ensure that the food, food additives, and food-related products exported to my country comply with the requirements of this Law and other relevant laws and administrative regulations of my country and the requirements of national food safety standards, and shall be responsible for the contents of labels and instructions . Importers shall establish an audit system for overseas exporters and overseas production enterprises, focusing on the content specified in the preceding paragraph; those that fail the audit shall not be imported. If it is found that imported food does not meet my country's national food safety standards or there is evidence that it may endanger human health, the importer shall immediately stop the import and recall it in accordance with Article 63 of this law.
Article 95
Where food safety incidents occurring abroad may affect my country’s territory, or if serious food safety problems are found in imported food, food additives, or food-related products, the national entry-exit inspection and quarantine department shall promptly take risk warning or control measures and report to the State Council Notifications from food safety supervision and management, health administration, and agricultural administration departments. The department receiving the notification shall take corresponding measures in a timely manner. The food safety supervision and management department of the people's government at or above the county level shall supervise and manage imported food and food additives sold on the domestic market. If a serious food safety problem is found, the food safety supervision and administration department of the State Council shall promptly notify the national entry-exit inspection and quarantine department. The national entry-exit inspection and quarantine department shall take corresponding measures in a timely manner.
Article 96
Overseas exporters or agents and importers of imported food that export food to my country shall file with the national entry-exit inspection and quarantine department. Overseas food production enterprises that export food to my country shall be registered by the national entry-exit inspection and quarantine department. If a registered overseas food production enterprise provides false materials or causes a major food safety accident on imported food due to its own reasons, the national entry-exit inspection and quarantine department shall cancel the registration and make an announcement. The national entry-exit inspection and quarantine department shall regularly announce the list of registered overseas exporters, agents, importers and registered overseas food production enterprises.
Article 97
Imported pre-packaged foods and food additives shall have Chinese labels; if there are instructions in accordance with the law, they shall also have Chinese instructions. Labels and instructions shall comply with the provisions of this law, other relevant laws and administrative regulations of my country and the requirements of national food safety standards, and shall state the origin of the food and the name, address and contact information of the domestic agent. Prepackaged foods that do not have Chinese labels, Chinese instructions, or labels or instructions that do not comply with the provisions of this Article shall not be imported.
Article 98
Importers shall establish a record system for the import and sales of food and food additives, and truthfully record the names, specifications, quantities, production dates, production or import batch numbers, shelf life, names, addresses, and contact information of foods and food additives. , Delivery date, etc., and save relevant vouchers. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law.
Article 99
Exported food production enterprises shall ensure that their exported food meets the standards of the importing country (region) or contract requirements. Export food production enterprises and export food raw materials planting and breeding farms shall report to the national entry-exit inspection and quarantine department for the record.
Article 100
The national entry-exit inspection and quarantine department shall collect and summarize the following import and export food safety information, and timely notify relevant departments, institutions and enterprises:
(1) Food safety information discovered by the entry-exit inspection and quarantine agency on import and export food inspection and quarantine;
(2) Imported food safety information reported by the food industry associations, consumer associations and other organizations and consumers;
(3) Risk warning information and other food safety information issued by international organizations and foreign government agencies, as well as food safety information reported by overseas food industry associations and other organizations and consumers;
(4) Other food safety information. The national entry-exit inspection and quarantine department shall implement credit management on importers, exporters and export food production enterprises of imported and exported food, establish credit records, and publish them to the public in accordance with the law. For importers, exporters and export food production enterprises with bad records, the inspection and quarantine of their import and export food shall be strengthened.
Article 101
The national entry-exit inspection and quarantine department may evaluate and review the food safety management system and food safety status of countries (regions) that export food to my country, and determine corresponding inspection and quarantine requirements based on the results of the evaluation and review.
Chapter 7   Food Safety Incident Handling
Article 102
The State Council organizes the formulation of national emergency plans for food safety accidents. The local people’s government at or above the county level shall, in accordance with the relevant laws and regulations, the food safety accident emergency plan of the higher-level people’s government, and the actual situation of the administrative area, formulate the food safety accident emergency response plan of the administrative area and report it to the higher-level people’s government Record. The food safety accident emergency response plan shall provide for the classification of food safety accidents, the organization and command system and responsibilities of accident handling, prevention and early warning mechanisms, handling procedures, emergency safeguard measures, etc. Food production and operation enterprises shall formulate food safety accident handling plans, regularly check the implementation of various food safety precautions of their enterprises, and eliminate hidden accidents in time.
Article 103
The unit where a food safety accident has occurred shall take immediate measures to prevent the accident from expanding. The accident unit and the unit receiving patients for treatment shall promptly report to the food safety supervision and management and health administration departments of the county-level people's government where the accident occurred. The agricultural administrative departments of the people's governments at or above the county level shall immediately report to the food safety supervision and management department at the same level when they discover food safety accidents or receive reports of the accidents during their daily supervision and management. In the event of a food safety incident, the food safety supervision and management department of the people's government at the county level that received the report shall report to the people's government at the same level and the food safety supervision and management department of the people's government at a higher level in accordance with the provisions of the emergency plan. The county-level people's government and the food safety supervision and management department of the higher-level people's government shall report in accordance with the provisions of the emergency plan. No unit or individual shall conceal, lie or postpone the report of food safety incidents, and shall not conceal, forge or destroy relevant evidence.
Article 104
If a medical institution finds that the patient it receives is a food-borne disease patient or a suspected patient, it shall promptly report the relevant information to the health administrative department of the people's government at the county level where it is located. If the health administrative department of the people's government at the county level believes that it is related to food safety, it shall promptly notify the food safety supervision and management department at the same level. The health administrative department of the people's government at or above the county level shall promptly report to the food safety supervision and management department at the same level when it finds information related to food safety during the investigation and handling of infectious diseases or other public health emergencies.
Article 105
After receiving a food safety incident report, the food safety supervision and management department of the people's government at or above the county level shall immediately conduct investigations and handling in conjunction with the health and agricultural administration departments at the same level, and take the following measures to prevent or reduce social harm:
(1) Carry out emergency rescue work and organize the rescue and treatment of persons who have been injured due to food safety accidents;
(2) Seal up the food and its raw materials that may cause food safety accidents, and immediately conduct inspections; for food and its raw materials that are confirmed to be contaminated, order the food producer and business operator to recall or suspend operations in accordance with Article 63 of this law ;
(3) Seal up the contaminated food-related products and order them to be cleaned and disinfected;
(4) Do a good job in information release, release food safety incidents and their handling in accordance with the law, and explain and explain the possible harm. In the event of a food safety accident that requires an emergency response plan, the people's government at or above the county level shall immediately establish an accident handling command agency, initiate an emergency response plan, and deal with it in accordance with the preceding paragraph and the emergency response plan. In the event of a food safety accident, the disease prevention and control agency at or above the county level shall conduct hygienic treatment of the accident site and conduct epidemiological investigations on factors related to the accident, and the relevant departments shall provide assistance. Disease prevention and control institutions at or above the county level shall submit epidemiological investigation reports to the food safety supervision and management and health administration departments at the same level.
Article 106
In the event of a food safety accident, the food safety supervision and administration department of the people's government at or above the districted city level shall immediately conduct an accident liability investigation with the relevant departments, supervise the relevant departments to perform their duties, and report to the people's government at the same level and the food safety supervision and management department of the people's government at the next higher level. Submit a report on the investigation and handling of the accident responsibility. For major food safety accidents involving two or more provinces, autonomous regions, and municipalities directly under the Central Government, the food safety supervision and administration department of the State Council shall organize accident liability investigations in accordance with the provisions of the preceding paragraph.
Article 107
Investigating food safety accidents shall adhere to the principles of seeking truth from facts and respecting science, find out the nature and cause of the accident in a timely and accurate manner, identify the responsibility for the accident, and propose corrective measures. In investigating food safety accidents, in addition to identifying the responsibilities of the accident unit, the responsibilities of the relevant supervision and management departments, food inspection agencies, certification agencies and their staff should also be identified.
Article 108
The food safety accident investigation department has the right to learn about the accident-related situation from relevant units and individuals, and request relevant materials and samples. Relevant units and individuals shall cooperate, provide relevant materials and samples as required, and shall not refuse. No unit or individual may obstruct or interfere with the investigation and handling of food safety incidents.
Chapter 8 Supervision and Management
Article 109
The food safety supervision and management department of the people's government at or above the county level shall determine the focus, method and frequency of supervision and management based on food safety risk monitoring, risk assessment results and food safety status, and implement risk management by level. The local people's government at or above the county level organizes the food safety supervision and management, agricultural administration and other departments at the same level to formulate the annual food safety supervision and management plan for the administrative region, and announces it to the public and organizes its implementation. The annual food safety supervision and management plan shall focus on the following matters:
(1) Main and supplementary foods exclusively for infants and other specific groups of people;
(2) The addition behavior in the production process of health food, the organization of production in accordance with the technical requirements of registration or filing, the health food label, instruction manual, and the promotion of related functions in the promotional materials;
(3) Food producers and operators with a higher risk of food safety accidents; (4) Items where the food safety risk monitoring results indicate that there may be hidden food safety hazards.
Article 110
The food safety supervision and management department of the people's government at or above the county level performs food safety supervision and management responsibilities and has the right to take the following measures to supervise and inspect the compliance of producers and operators with this law:
(1) Enter the production and business premises to conduct on-site inspections;
(2) Carry out sampling inspections on the food, food additives and food-related products produced and operated;
(3) Consult and copy relevant contracts, bills, account books and other relevant materials;
(4) Sealing up or detaining food, food additives, and food-related products that have evidence that it does not meet food safety standards or that there are hidden safety hazards and that are used in illegal production and operation;
(5) Seal up places that illegally engage in production and business activities.
Article 111
If the food safety risk assessment result proves that the food has potential safety hazards, and it is necessary to formulate or revise food safety standards, the health administration department of the State Council shall promptly stipulate the temporary limits and values ​​of hazardous substances in food in conjunction with relevant departments of the State Council before formulating or revising food safety standards. Temporary inspection methods are used as the basis for production, operation and supervision and management.
Article 112
The food safety supervision and management department of the people's government at or above the county level may use the rapid detection methods prescribed by the state to conduct random inspections on food in the food safety supervision and management work. For foods that may not meet the food safety standards due to random inspection results, they shall be inspected in accordance with Article 87 of this Law. If the results of random inspections determine that the relevant food does not meet the food safety standards, it may be used as the basis for administrative punishment.
Article 113
The food safety supervision and management department of the people’s government at or above the county level shall establish food safety credit files for food producers and operators, record the issuance of licenses, daily supervision and inspection results, and investigations of illegal activities, and publish them to the public according to law and update them in real time; for those with bad credit records Food producers and operators increase the frequency of supervision and inspection, and for food producers and operators with serious violations of the law, they can report to the investment authority, securities supervision and management agency and relevant financial institutions.
Article 114
If there are hidden food safety hazards in the process of food production and operation, and no timely measures are taken to eliminate them, the food safety supervision and management department of the people's government at or above the county level may conduct accountability interviews with the legal representative or main person in charge of the food producer and business operator. Food producers and operators shall immediately take measures to make rectifications and eliminate hidden dangers. Responsibility interviews and rectification should be included in the food safety credit files of food producers and operators.
Article 115
The food safety supervision and administration departments of the people's governments at or above the county level shall publish the e-mail addresses or telephone numbers of their departments, and accept consultations, complaints, and reports. When receiving consultations, complaints, and reports, those that belong to the department’s responsibilities shall be accepted and promptly responded, verified, and dealt with within the statutory time limit; for those that do not belong to the department’s responsibilities, they shall be transferred to the department authorized to handle and notify the consultation and complaint in writing , Whistleblower. The department authorized to deal with it shall deal with it in a timely manner within the statutory time limit without prevarication. For reports verified to be true, the reporter will be rewarded. Relevant departments shall keep the informant's information confidential and protect the lawful rights and interests of the informant. Where the whistleblower reports to the company where it belongs, the company shall not retaliate against the whistleblower by dissolving or changing the labor contract or by other means.
Article 116
The food safety supervision and administration departments of the people's governments at or above the county level shall strengthen the training of law enforcement personnel on food safety laws, regulations, standards and professional knowledge and law enforcement capabilities, and organize assessments. Those who do not possess the corresponding knowledge and capabilities shall not engage in food safety law enforcement. Food producers and operators, food industry associations, consumer associations, etc., if they find that food safety law enforcement personnel have violated laws and regulations during the law enforcement process, as well as irregular law enforcement activities, they can report to the people's government at the same level or higher for food safety supervision and management. Complaints and reports from departments or supervisory agencies. The department or agency that receives the complaint or report shall verify it and report the verified situation to the department where the food safety law enforcement personnel belongs; if it is suspected of violating the law or discipline, it shall be dealt with in accordance with this law and relevant regulations.
Article 117
If food safety supervision and management departments of the people's government at or above the county level fail to discover systemic food safety risks in a timely manner, and fail to eliminate hidden food safety hazards in the supervision and management area, the people's government at the same level may conduct accountability interviews with their main responsible persons. If the local people's government fails to perform food safety responsibilities and fails to eliminate major regional food safety hazards in a timely manner, the higher-level people's government may conduct responsibility interviews with its main responsible person. The food safety supervision and management departments and local people's governments interviewed shall immediately take measures to rectify and reform the food safety supervision and management work. Responsibility interviews and rectification should be included in the review and assessment records of the local people's government and relevant departments for food safety supervision and management.
Article 118
The state establishes a unified food safety information platform and implements a unified publication system for food safety information. The overall situation of national food safety, food safetyProduced foods or imported new varieties of food additives and new food-related products shall be handled in accordance with Article 37 of this Law. The entry-exit inspection and quarantine agency shall inspect the food, food additives, and food-related products specified in the preceding paragraph in accordance with the requirements of the health administration department of the State Council. The inspection results should be made public.
Article 94
Overseas exporters and overseas production enterprises shall ensure that the food, food additives, and food-related products exported to my country comply with the requirements of this Law and other relevant laws and administrative regulations of my country and the requirements of national food safety standards, and shall be responsible for the contents of labels and instructions . Importers shall establish an audit system for overseas exporters and overseas production enterprises, focusing on the content specified in the preceding paragraph; those that fail the audit shall not be imported. If it is found that imported food does not meet my country's national food safety standards or there is evidence that it may endanger human health, the importer shall immediately stop the import and recall it in accordance with Article 63 of this law.
Article 95
Where food safety incidents occurring abroad may affect my country’s territory, or if serious food safety problems are found in imported food, food additives, or food-related products, the national entry-exit inspection and quarantine department shall promptly take risk warning or control measures and report to the State Council Notifications from food safety supervision and management, health administration, and agricultural administration departments. The department receiving the notification shall take corresponding measures in a timely manner. The food safety supervision and management department of the people's government at or above the county level shall supervise and manage imported food and food additives sold on the domestic market. If a serious food safety problem is found, the food safety supervision and administration department of the State Council shall promptly notify the national entry-exit inspection and quarantine department. The national entry-exit inspection and quarantine department shall take corresponding measures in a timely manner.
Article 96
Overseas exporters or agents and importers of imported food that export food to my country shall file with the national entry-exit inspection and quarantine department. Overseas food production enterprises that export food to my country shall be registered by the national entry-exit inspection and quarantine department. If a registered overseas food production enterprise provides false materials or causes a major food safety accident on imported food due to its own reasons, the national entry-exit inspection and quarantine department shall cancel the registration and make an announcement. The national entry-exit inspection and quarantine department shall regularly announce the list of registered overseas exporters, agents, importers and registered overseas food production enterprises.
Article 97
Imported pre-packaged foods and food additives shall have Chinese labels; if there are instructions in accordance with the law, they shall also have Chinese instructions. Labels and instructions shall comply with the provisions of this law, other relevant laws and administrative regulations of my country and the requirements of national food safety standards, and shall state the origin of the food and the name, address and contact information of the domestic agent. Prepackaged foods that do not have Chinese labels, Chinese instructions, or labels or instructions that do not comply with the provisions of this Article shall not be imported.
Article 98
Importers shall establish a record system for the import and sales of food and food additives, and truthfully record the names, specifications, quantities, production dates, production or import batch numbers, shelf life, names, addresses, and contact information of foods and food additives. , Delivery date, etc., and save relevant vouchers. The retention period of records and vouchers shall comply with the provisions of paragraph 2 of Article 50 of this Law.
Article 99
Exported food production enterprises shall ensure that their exported food meets the standards of the importing country (region) or contract requirements. Export food production enterprises and export food raw materials planting and breeding farms shall report to the national entry-exit inspection and quarantine department for the record.
Article 100
The national entry-exit inspection and quarantine department shall collect and summarize the following import and export food safety information, and timely notify relevant departments, institutions and enterprises:
(1) Food safety information discovered by the entry-exit inspection and quarantine agency on import and export food inspection and quarantine;
(2) Imported food safety information reported by the food industry associations, consumer associations and other organizations and consumers;
(3) Risk warning information and other food safety information issued by international organizations and foreign government agencies, as well as food safety information reported by overseas food industry associations and other organizations and consumers;
(4) Other food safety information. The national entry-exit inspection and quarantine department shall implement credit management on importers, exporters and export food production enterprises of imported and exported food, establish credit records, and publish them to the public in accordance with the law. For importers, exporters and export food production enterprises with bad records, the inspection and quarantine of their import and export food shall be strengthened.
Article 101
The national entry-exit inspection and quarantine department may evaluate and review the food safety management system and food safety status of countries (regions) that export food to my country, and determine corresponding inspection and quarantine requirements based on the results of the evaluation and review.
Chapter 7   Food Safety Incident Handling
Article 102
The State Council organizes the formulation of national emergency plans for food safety accidents. The local people’s government at or above the county level shall, in accordance with the relevant laws and regulations, the food safety accident emergency plan of the higher-level people’s government, and the actual situation of the administrative area, formulate the food safety accident emergency response plan of the administrative area and report it to the higher-level people’s government Record. The food safety accident emergency response plan shall provide for the classification of food safety accidents, the organization and command system and responsibilities of accident handling, prevention and early warning mechanisms, handling procedures, emergency safeguard measures, etc. Food production and operation enterprises shall formulate food safety accident handling plans, regularly check the implementation of various food safety precautions of their enterprises, and eliminate hidden accidents in time.
Article 103
The unit where a food safety accident has occurred shall take immediate measures to prevent the accident from expanding. The accident unit and the unit receiving patients for treatment shall promptly report to the food safety supervision and management and health administration departments of the county-level people's government where the accident occurred. The agricultural administrative departments of the people's governments at or above the county level shall immediately report to the food safety supervision and management department at the same level when they discover food safety accidents or receive reports of the accidents during their daily supervision and management. In the event of a food safety incident, the food safety supervision and management department of the people's government at the county level that received the report shall report to the people's government at the same level and the food safety supervision and management department of the people's government at a higher level in accordance with the provisions of the emergency plan. The county-level people's government and the food safety supervision and management department of the higher-level people's government shall report in accordance with the provisions of the emergency plan. No unit or individual shall conceal, lie or postpone the report of food safety incidents, and shall not conceal, forge or destroy relevant evidence.
Article 104
If a medical institution finds that the patient it receives is a food-borne disease patient or a suspected patient, it shall promptly report the relevant information to the health administrative department of the people's government at the county level where it is located. If the health administrative department of the people's government at the county level believes that it is related to food safety, it shall promptly notify the food safety supervision and management department at the same level. The health administrative department of the people's government at or above the county level shall promptly report to the food safety supervision and management department at the same level when it finds information related to food safety during the investigation and handling of infectious diseases or other public health emergencies.
Article 105
After receiving a food safety incident report, the food safety supervision and management department of the people's government at or above the county level shall immediately conduct investigations and handling in conjunction with the health and agricultural administration departments at the same level, and take the following measures to prevent or reduce social harm:
(1) Carry out emergency rescue work and organize the rescue and treatment of persons who have been injured due to food safety accidents;
(2) Seal up the food and its raw materials that may cause food safety accidents, and immediately conduct inspections; for food and its raw materials that are confirmed to be contaminated, order the food producer and business operator to recall or suspend operations in accordance with Article 63 of this law ;
(3) Seal up the contaminated food-related products and order them to be cleaned and disinfected;
(4) Do a good job in information release, release food safety incidents and their handling in accordance with the law, and explain and explain the possible harm. In the event of a food safety accident that requires an emergency response plan, the people's government at or above the county level shall immediately establish an accident handling command agency, initiate an emergency response plan, and deal with it in accordance with the preceding paragraph and the emergency response plan. In the event of a food safety accident, the disease prevention and control agency at or above the county level shall conduct hygienic treatment of the accident site and conduct epidemiological investigations on factors related to the accident, and the relevant departments shall provide assistance. Disease prevention and control institutions at or above the county level shall submit epidemiological investigation reports to the food safety supervision and management and health administration departments at the same level.
Article 106
In the event of a food safety accident, the food safety supervision and administration department of the people's government at or above the districted city level shall immediately conduct an accident liability investigation with the relevant departments, supervise the relevant departments to perform their duties, and report to the people's government at the same level and the food safety supervision and management department of the people's government at the next higher level. Submit a report on the investigation and handling of the accident responsibility. For major food safety accidents involving two or more provinces, autonomous regions, and municipalities directly under the Central Government, the food safety supervision and administration department of the State Council shall organize accident liability investigations in accordance with the provisions of the preceding paragraph.
Article 107
Investigating food safety accidents shall adhere to the principles of seeking truth from facts and respecting science, find out the nature and cause of the accident in a timely and accurate manner, identify the responsibility for the accident, and propose corrective measures. In investigating food safety accidents, in addition to identifying the responsibilities of the accident unit, the responsibilities of the relevant supervision and management departments, food inspection agencies, certification agencies and their staff should also be identified.
Article 108
The food safety accident investigation department has the right to learn about the accident-related situation from relevant units and individuals, and request relevant materials and samples. Relevant units and individuals shall cooperate, provide relevant materials and samples as required, and shall not refuse. No unit or individual may obstruct or interfere with the investigation and handling of food safety incidents.
Chapter 8 Supervision and Management
Article 109
The food safety supervision and management department of the people's government at or above the county level shall determine the focus, method and frequency of supervision and management based on food safety risk monitoring, risk assessment results and food safety status, and implement risk management by level. The local people's government at or above the county level organizes the food safety supervision and management, agricultural administration and other departments at the same level to formulate the annual food safety supervision and management plan for the administrative region, and announces it to the public and organizes its implementation. The annual food safety supervision and management plan shall focus on the following matters:
(1) Main and supplementary foods exclusively for infants and other specific groups of people;
(2) The addition behavior in the production process of health food, the organization of production in accordance with the technical requirements of registration or filing, the health food label, instruction manual, and the promotion of related functions in the promotional materials;
(3) Food producers and operators with a higher risk of food safety accidents; (4) Items where the food safety risk monitoring results indicate that there may be hidden food safety hazards.
Article 110
The food safety supervision and management department of the people's government at or above the county level performs food safety supervision and management responsibilities and has the right to take the following measures to supervise and inspect the compliance of producers and operators with this law:
(1) Enter the production and business premises to conduct on-site inspections;
(2) Carry out sampling inspections on the food, food additives and food-related products produced and operated;
(3) Consult and copy relevant contracts, bills, account books and other relevant materials;
(4) Sealing up or detaining food, food additives, and food-related products that have evidence that it does not meet food safety standards or that there are hidden safety hazards and that are used in illegal production and operation;
(5) Seal up places that illegally engage in production and business activities.
Article 111
If the food safety risk assessment result proves that the food has potential safety hazards, and it is necessary to formulate or revise food safety standards, the health administration department of the State Council shall promptly stipulate the temporary limits and values ​​of hazardous substances in food in conjunction with relevant departments of the State Council before formulating or revising food safety standards. Temporary inspection methods are used as the basis for production, operation and supervision and management.
Article 112
The food safety supervision and management department of the people's government at or above the county level may use the rapid detection methods prescribed by the state to conduct random inspections on food in the food safety supervision and management work. For foods that may not meet the food safety standards due to random inspection results, they shall be inspected in accordance with Article 87 of this Law. If the results of random inspections determine that the relevant food does not meet the food safety standards, it may be used as the basis for administrative punishment.
Article 113
The food safety supervision and management department of the people’s government at or above the county level shall establish food safety credit files for food producers and operators, record the issuance of licenses, daily supervision and inspection results, and investigations of illegal activities, and publish them to the public according to law and update them in real time; for those with bad credit records Food producers and operators increase the frequency of supervision and inspection, and for food producers and operators with serious violations of the law, they can report to the investment authority, securities supervision and management agency and relevant financial institutions.
Article 114
If there are hidden food safety hazards in the process of food production and operation, and no timely measures are taken to eliminate them, the food safety supervision and management department of the people's government at or above the county level may conduct accountability interviews with the legal representative or main person in charge of the food producer and business operator. Food producers and operators shall immediately take measures to make rectifications and eliminate hidden dangers. Responsibility interviews and rectification should be included in the food safety credit files of food producers and operators.
Article 115
The food safety supervision and administration departments of the people's governments at or above the county level shall publish the e-mail addresses or telephone numbers of their departments, and accept consultations, complaints, and reports. When receiving consultations, complaints, and reports, those that belong to the department’s responsibilities shall be accepted and promptly responded, verified, and dealt with within the statutory time limit; for those that do not belong to the department’s responsibilities, they shall be transferred to the department authorized to handle and notify the consultation and complaint in writing , Whistleblower. The department authorized to deal with it shall deal with it in a timely manner within the statutory time limit without prevarication. For reports verified to be true, the reporter will be rewarded. Relevant departments shall keep the informant's information confidential and protect the lawful rights and interests of the informant. Where the whistleblower reports to the company where it belongs, the company shall not retaliate against the whistleblower by dissolving or changing the labor contract or by other means.
Article 116
The food safety supervision and administration departments of the people's governments at or above the county level shall strengthen the training of law enforcement personnel on food safety laws, regulations, standards and professional knowledge and law enforcement capabilities, and organize assessments. Those who do not possess the corresponding knowledge and capabilities shall not engage in food safety law enforcement. Food producers and operators, food industry associations, consumer associations, etc., if they find that food safety law enforcement personnel have violated laws and regulations during the law enforcement process, as well as irregular law enforcement activities, they can report to the people's government at the same level or higher for food safety supervision and management. Complaints and reports from departments or supervisory agencies. The department or agency that receives the complaint or report shall verify it and report the verified situation to the department where the food safety law enforcement personnel belongs; if it is suspected of violating the law or discipline, it shall be dealt with in accordance with this law and relevant regulations.
Article 117
If food safety supervision and management departments of the people's government at or above the county level fail to discover systemic food safety risks in a timely manner, and fail to eliminate hidden food safety hazards in the supervision and management area, the people's government at the same level may conduct accountability interviews with their main responsible persons. If the local people's government fails to perform food safety responsibilities and fails to eliminate major regional food safety hazards in a timely manner, the higher-level people's government may conduct responsibility interviews with its main responsible person. The food safety supervision and management departments and local people's governments interviewed shall immediately take measures to rectify and reform the food safety supervision and management work. Responsibility interviews and rectification should be included in the review and assessment records of the local people's government and relevant departments for food safety supervision and management.
Article 118
The state establishes a unified food safety information platform and implements a unified publication system for food safety information. The overall situation of national food safety, food safetyRisk warning information, major food safety incidents and their investigation and handling information, and other information determined by the State Council to be uniformly announced shall be published by the food safety supervision and administration department of the State Council. Food safety risk warning information and major food safety incidents and their investigation and processing information are limited to specific areas, and may also be announced by the food safety supervision and management departments of the people's governments of relevant provinces, autonomous regions, and municipalities. Unauthorized publication of the above information is not allowed. The food safety supervision and management and agricultural administrative departments of the people's governments at or above the county level publish daily food safety supervision and management information in accordance with their respective duties. The publication of food safety information should be accurate and timely, and necessary explanations should be made to avoid misleading consumers and public opinion.
Article 119
The food safety supervision and management, health administration, and agricultural administration departments of the local people’s governments at or above the county level shall report the information that needs to be published uniformly under this law and shall report to the higher-level competent department, which shall immediately report to the food safety regulatory department of the State Council; when necessary, It can directly report to the food safety supervision and administration department of the State Council. The food safety supervision and management, health administration, and agricultural administration departments of the people's governments at or above the county level shall notify each other of the food safety information they have learned.
Article 120
No unit or individual may fabricate or disseminate false food safety information. When the food safety supervision and management department of the people's government at or above the county level discovers food safety information that may mislead consumers and public opinion, it shall immediately organize relevant departments, professional institutions, and relevant food producers and operators to conduct verification and analysis, and announce the results in a timely manner.
Article 121
If the food safety supervision and administration departments of the people's government at or above the county level discover suspected food safety crimes, they shall promptly transfer the case to the public security organ in accordance with relevant regulations. The public security organs shall promptly review the transferred cases; if they believe that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case for investigation. In the process of investigating food safety crime cases, the public security agency believes that there are no criminal facts, or the criminal facts are significantly minor, and there is no need to pursue criminal responsibility. However, if administrative responsibility should be investigated according to law, the case should be promptly transferred to food safety supervision and management departments and supervisory agencies. Relevant departments should deal with it according to law. Where the public security organs request assistance from food safety supervision and management, ecological environment and other departments to provide inspection conclusions, confirmation opinions, and harmless treatment of the items involved, the relevant departments shall provide and assist in a timely manner.
Chapter 9   Legal Liability
Article 122
Anyone who violates the provisions of this law and engages in food production and business activities without a food production and business license, or engages in food additive production activities without a food additive production license, shall be confiscated by the food safety supervision and management department of the people's government at or above the county level. Food, food additives, and tools, equipment, raw materials and other items used in illegal production and operation; where the value of illegal production and operation of food and food additives is less than 10,000 yuan, a fine of 50,000 yuan to 100,000 yuan shall be imposed; If the amount is more than 10,000 yuan, a fine of more than ten times and less than twenty times the value of the goods shall be imposed. If the food safety supervision and administration department of the people’s government at or above the county level knowingly engages in the illegal acts specified in the preceding paragraph still provides them with production and business premises or other conditions, the food safety supervision and administration department of the people’s government at or above the county level shall order them to stop the illegal acts, confiscate the illegal income, and impose a penalty of 50,000 yuan to 100,000 yuan. The following fines; if the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers and operators of food and food additives.
Article 123
In violation of the provisions of this law, one of the following circumstances does not constitute a crime, the food safety supervision and management department of the people's government at or above the county level shall confiscate the illegal income and illegally produced food, and may confiscate tools and equipment used in the illegal production and operation , Raw materials, etc.; if the value of illegally produced food is less than 10,000 yuan, a fine of 100,000 yuan up to 150,000 yuan shall be imposed; if the value of the food is more than 10,000 yuan, 15 times the value A fine of not more than 30 times; if the circumstances are serious, the permit shall be revoked, and the person in charge and other persons directly responsible may be detained for not less than 5 days but not more than 15 days by the public security organ:
(1) Use non-food raw materials to produce food, add chemical substances other than food additives to food and other substances that may harm human health, or use recycled food as raw materials to produce food, or sell the aforementioned food;
(2) Production and operation of main and supplementary foods for infants and other specific groups of people whose nutritional components do not meet food safety standards;
(3) Dealing in meat from poultry, livestock, beasts, and aquatic animals that died of disease, poisoning, or the cause of death is unknown, or produce and sell their products;
(4) Dealing in meat that has not been quarantined or failed to pass the quarantine inspection according to regulations, or produced and sold meat products that have not been inspected or failed to pass the inspection;
(5) The production and operation of food for which the country expressly prohibits the production and operation for special needs such as disease prevention;
(6) Production and operation of foods with added drugs. Where the food safety supervision and administration department of the people’s government at or above the county level knowingly engages in the illegal acts specified in the preceding paragraph still provides them with production and business premises or other conditions, the food safety supervision and administration department of the people’s government at or above the county level shall order the illegal acts to cease, confiscate the illegal gains, and impose a penalty of more than 100,000 yuan and 200,000 yuan. Fines below RMB yuan; if consumers' legitimate rights and interests are harmed, they shall be jointly and severally liable with food producers and operators. Those who illegally use highly toxic or highly toxic pesticides may be detained by public security organs in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations.
Article 124
In violation of the provisions of this law, one of the following circumstances does not constitute a crime, the food safety supervision and administration department of the people's government at or above the county level shall confiscate illegal income, illegal production and operation of food and food additives, and may confiscate the illegal production and operation Tools, equipment, raw materials and other items; illegally produced food and food additives with a value of less than 10,000 yuan shall be fined not less than 50,000 yuan but not more than 100,000 yuan; if the value of the goods is more than 10,000 yuan, the value of the goods shall also be imposed A fine of more than ten times but not more than twenty times; if the circumstances are serious, the permit shall be revoked:
(1) The production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants, and other foods and food additives whose content of substances harmful to human health exceeds the limit of food safety standards;
(2) Using food raw materials and food additives beyond the expiration date to produce food and food additives, or to sell the above-mentioned food and food additives;
(3) The production and operation of foods that use food additives beyond the scope or limit;
(4) Production and operation of foods and food additives that are rancid, rancid, moldy, insects, dirty, mixed with foreign matter, adulterated, or with abnormal sensory properties;
(5) Food and food additives with false production date, expiration date or expiration date marked in production and operation;
(6) The production and operation of health foods, formula foods for special medical purposes, and infant formula milk powders that are not registered in accordance with regulations, or the production is not organized in accordance with the technical requirements of registered product formulas and production processes;
(7) To produce infant formula milk powder in subpackages, or the same enterprise produces infant formula milk powder of different brands with the same formula;
(8) Using new food raw materials to produce food, or producing new varieties of food additives, but failing the safety assessment;
(9) Food producers and operators still refuse to recall or stop operating after the food safety supervision and administration department orders them to recall or stop operating. Except for the circumstances stipulated in the preceding paragraph and Article 123 and Article 125 of this Law, those who produce and operate food or food additives that do not comply with laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph . Those who produce new varieties of food-related products that fail the safety assessment or produce food-related products that do not meet the food safety standards shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of paragraph 1.
Article 125
In violation of the provisions of this law, in any of the following circumstances, the food safety supervision and management department of the people's government at or above the county level shall confiscate illegal income and illegal production and operation of food and food additives, and may confiscate tools, equipment, and raw materials used in illegal production and operation And other items; if the value of illegally produced food and food additives is less than 10,000 yuan, a fine of 5,000 yuan to 50,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, the value of the goods shall be five times or more than ten. If the circumstances are serious, it shall be ordered to suspend production and business until the permit is revoked:
(1) The production and operation of food and food additives contaminated by packaging materials, containers, transportation tools, etc.;
(2) Production and operation of unlabeled prepackaged foods, food additives, or foods and food additives whose labels and instructions do not meet the provisions of this law;
(3) The production and operation of genetically modified food is not labelled as required;
(4) Food producers and operators purchase or use food raw materials, food additives, and food-related products that do not meet food safety standards. If the labels and instructions of the food or food additives produced and operated are defective but do not affect food safety and will not mislead consumers, the food safety supervision and administration department of the people's government at or above the county level shall order correction; if they refuse to make correction, the penalty shall be 2,000 Fines below yuan.
Article 126
Violation of the provisions of this law and one of the following circumstances shall be ordered by the food safety supervision and administration department of the people’s government at or above the county level to make corrections and be given a warning; those who refuse to make corrections shall be fined not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, they shall be ordered Suspension of production and business until the license is revoked:
(1) Producers of food and food additives fail to inspect purchased food raw materials and produced food and food additives in accordance with regulations;
(2) The food production and operation enterprise fails to establish a food safety management system in accordance with the regulations, or fails to allocate, train, or assess food safety management personnel in accordance with the regulations;
(3) Food and food additive producers and operators fail to inspect licenses and relevant certification documents when purchasing goods, or fail to establish and comply with purchase inspection records, factory inspection records and sales record systems as required;
(4) The food production and operation enterprise has not formulated a food safety accident handling plan;
(5) Tableware, drinking utensils, and containers for directly ingested food have not been washed, disinfected or unqualified before use, or catering service facilities and equipment have not been regularly maintained, cleaned, and verified as required;
(6) Food producers and operators arrange for persons who have not obtained health certificates or suffer from diseases that hinder food safety as prescribed by the health administrative department of the State Council to engage in work that comes into contact with directly imported food;
(7) Food business operators fail to sell food as required by regulations;
(8) The health food production enterprise fails to file with the food safety supervision and administration department as required, or fails to organize production according to the filed product formula, production process and other technical requirements;
(9) Infant formula food production enterprises fail to file food raw materials, food additives, product formulas, labels, etc. with the food safety supervision and management department;
(10) The special food production enterprise fails to establish a production quality management system and operates effectively as required, or fails to submit a self-inspection report on a regular basis;
(11) Food producers and operators fail to inspect and evaluate food safety on a regular basis, or the production and operation conditions have changed, and they fail to deal with them in accordance with regulations;
(12) Schools, childcare institutions, elderly care institutions, construction sites and other centralized dining units fail to perform food safety management responsibilities in accordance with regulations;
(13) Food production enterprises and catering service providers fail to formulate and implement production and operation process control requirements in accordance with regulations. The centralized disinfection service unit for tableware and drinking utensils violates the provisions of this law to use water, detergents and disinfectants, or the tableware or drinking utensils that leave the factory fail to pass the inspection according to the regulations and are accompanied by the disinfection qualification certificate, or they fail to mark the relevant on the independent packaging according to the regulations. The administrative department of health of the people’s government at or above the county level shall impose penalties in accordance with the provisions of the preceding paragraph. Food-related product producers who fail to inspect the food-related products produced in accordance with regulations shall be punished by the food safety supervision and administration department of the people’s government at or above the county level in accordance with the first paragraph. Any seller of edible agricultural products who violates Article 65 of this Law shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the first paragraph.
Article 127
Penalties for illegal activities in small food production and processing workshops, food vendors, etc. shall be implemented in accordance with specific management measures formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 128
In violation of the provisions of this law, if the accident unit fails to handle or report after a food safety accident, the relevant competent department shall order corrections and give warnings in accordance with their respective responsibilities; those who conceal, forge, or destroy relevant evidence shall be ordered to suspend production and business, and the illegal income shall be confiscated , And impose a fine of 100,000 yuan up to 500,000 yuan; if serious consequences are caused, the license shall be revoked.
Article 129
Violation of the provisions of this law in any of the following circumstances shall be punished by the entry-exit inspection and quarantine agency in accordance with the provisions of Article 124 of this law:
(1) Providing false materials and importing food, food additives, and food-related products that do not meet my country's national food safety standards;
(2) Importing food for which there is no national food safety standard, failing to submit the implemented standards and having been reviewed by the administrative department of health under the State Council, or importing food produced with new food raw materials or imported new varieties of food additives or new varieties of food-related products, Failed the safety assessment;
(3) Exporting food without complying with the provisions of this law;
(4) The importer still refuses to recall the imported food after the relevant competent authority orders it to recall the imported food in accordance with the provisions of this law. In violation of the provisions of this law, if the importer fails to establish and comply with the record system for the import and sales of food and food additives, and the review system for overseas exporters or production enterprises, the entry-exit inspection and quarantine agency shall give the award in accordance with the provisions of Article 126 of this law Punishment.
Article 130
In violation of the provisions of this law, the organizers of centralized trading markets, counter renters, and fair organizers allow food operators who have not obtained a license to enter the market to sell food, or fail to perform inspections, reporting, and other duties, the people at or above the county level The government’s food safety supervision and management department shall order corrections, confiscate illegal gains, and impose a fine of 50,000 yuan up to 200,000 yuan; if serious consequences are caused, the business shall be ordered to suspend business until the license is revoked by the original license-issuing department; the legitimate rights and interests of consumers In case of damage, it shall bear joint liability with the food business operator. Any edible agricultural product wholesale market that violates the provisions of Article 64 of this Law shall be liable in accordance with the provisions of the preceding paragraph.
Article 131
In violation of the provisions of this law, if the third-party online food trading platform provider fails to perform real-name registration and review licenses for the online food business operators, or fails to perform the obligations of reporting or stopping providing online trading platform services, the food safety of the people’s government at or above the county level The supervision and management department shall order corrections, confiscate illegal gains, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; if serious consequences are caused, the business shall be ordered to close until the license is revoked by the original license-issuing department; the legitimate rights and interests of consumers are harmed , Should bear joint and several liability with the food business operator. Consumers who purchase food through a third-party platform for online food transactions and whose legal rights are harmed can claim compensation from the online food business operator or food producer. If the online food transaction third-party platform provider cannot provide the real name, address and effective contact information of the online food business operator, the online food transaction third-party platform provider shall compensate. After the third-party platform provider of online food transactions pays compensation, it has the right to recover the compensation from the online food business operator or food producer. If a third-party platform provider of online food transactions makes a promise that is more beneficial to consumers, it shall fulfill its promise.
Article 132
In violation of the provisions of this law, the food safety supervision and management departments of the people’s government at or above the county level shall be assigned their duties according to their respective responsibilities.Workers shall be ordered to make corrections and given a warning; if they refuse to make corrections, they shall be ordered to suspend production and business, and imposed a fine of 10,000 yuan up to 50,000 yuan; if the circumstances are serious, the permit shall be revoked.
Article 133
In violation of the provisions of this law, refuse, obstruct, interfere with relevant departments, institutions and their staff in carrying out food safety supervision and inspection, accident investigation and handling, risk monitoring, and risk assessment in accordance with the law, the relevant competent departments shall order the suspension of production and business in accordance with their respective division of responsibilities and impose punishments. A fine of not less than 2,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the permit shall be revoked; if the violation constitutes a violation of public security management, the public security organ shall impose public security management penalties in accordance with the law. Anyone who violates the provisions of this law and retaliates against the whistleblower by dissolving or changing the labor contract or by other means shall be liable in accordance with the provisions of the relevant laws.
Article 134
Where a food producer or business operator has been ordered to suspend production and business operations or other penalties other than the revocation of a license for violation of the provisions of this law three times in a year, the food safety supervision and administration department shall order the suspension of production and business until the license is revoked.
Article 135
Food producers and operators whose licenses have been revoked and their legal representatives, directly responsible persons in charge and other directly responsible persons shall not apply for food production and business licenses, or engage in food production and business management work, or hold positions within five years from the date when the penalty decision is made. Food safety management personnel of food production and operation enterprises. Those who have been sentenced to fixed-term imprisonment or higher for food safety crimes shall not engage in food production and operation management for life, or serve as food safety management personnel in food production and operation enterprises. Where a food producer or business operator violates the provisions of the preceding two paragraphs, the food safety supervision and administration department of the people's government at or above the county level shall revoke the license.
Article 136
If a food business operator has fulfilled the obligation of inspection and other provisions of this law, has sufficient evidence to prove that it does not know that the food purchased does not meet the food safety standards, and can truthfully explain the source of the purchase, it may be exempted from punishment, but it shall be confiscated according to law. Food that does not meet food safety standards; if it causes personal, property or other damage, it shall be liable for compensation in accordance with the law.
Article 137
In violation of the provisions of this law, technical institutions and technical personnel undertaking food safety risk monitoring and risk assessment work provide false monitoring and evaluation information, the supervisors and technical personnel directly responsible for the technical institutions shall be dismissed or expelled according to law; those who are qualified to practice , The practising certificate shall be revoked by the competent authority that granted it.
Article 138
In violation of the provisions of this law, if a food inspection agency or food inspector issues a false inspection report, the competent authority or agency granting the qualification shall revoke the inspection qualification of the food inspection agency, confiscate the inspection fees collected, and impose inspection fees at least five times A fine of less than ten times and a fine of less than 10,000 yuan shall be imposed if the inspection fee is less than 10,000 yuan; the person in charge and the food inspection personnel directly responsible for the food inspection agency shall be dismissed or expelled; resulting in major food safety In the event of an accident, the person in charge and the food inspector directly responsible shall be expelled. Persons from food inspection agencies who have been expelled in violation of the provisions of this Law shall not be engaged in food inspection work within ten years from the date of the sanction decision; they shall be subject to criminal penalties for violations of food safety laws or for the issuance of false inspection reports resulting in major food safety incidents. The personnel of the food inspection agency who have been expelled shall not engage in food inspection work for life. Where a food inspection agency employs personnel who are not allowed to engage in food inspection work, the competent authority or agency that granted the qualification shall revoke the inspection qualification of the food inspection agency. Where a food inspection agency issues a false inspection report that damages the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and business operator.
Article 139
In violation of the provisions of this law, if the certification body issues a false certification conclusion, the certification and accreditation supervision and management department shall confiscate the collected certification fee and impose a fine of five times to ten times the certification fee. If the certification fee is less than 10,000 yuan, a fine of 50,000 yuan will be imposed. Fines above 100,000 yuan; if the circumstances are serious, the business shall be ordered to suspend business until the approval document of the certification body is revoked and announced to the public; the person in charge directly responsible and the certification person directly responsible shall be revoked of their practice qualifications. If a certification body issues a false certification conclusion that damages the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and business operator.
Article 140
Violation of the provisions of this law, false propaganda of food in advertisements, deceiving consumers, or publishing health food advertisements that have not obtained approval documents, and the contents of the advertisements are inconsistent with the approval documents, shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China. Advertising operators and publishers who design, produce, and publish false food advertisements that damage the legitimate rights and interests of consumers shall bear joint and several liability with food producers and operators. If social groups, other organizations, or individuals recommend food to consumers in false advertisements or other false propaganda, which damages the legitimate rights and interests of consumers, they shall bear joint and several liability with food producers and operators. In violation of the provisions of this law, food safety supervision and management departments, food inspection agencies, and food industry associations recommend food to consumers through advertisements or other forms, and consumer organizations recommend food to consumers by charging fees or other ways to seek benefits. Relevant competent departments confiscate illegal gains, and impose penalties of major demerits, demotion or dismissal on the directly responsible persons in charge and other directly responsible persons in accordance with the law; if the circumstances are serious, they shall be expelled. If the food is falsely publicized and the circumstances are serious, the food safety supervision and administration department of the people's government at or above the provincial level shall decide to suspend the sale of the food and announce it to the public; if the food is still being sold, the food safety supervision and administration department of the people's government at or above the county level shall confiscate it Illegal income and illegal sale of food shall be fined 20,000 yuan up to 50,000 yuan.
Article 141
Violation of the provisions of this law, fabricating or disseminating false food safety information, which constitutes a violation of public security management, shall be punished by the public security agency in accordance with law. Where the media fabricates or disseminates false food safety information, the relevant competent authorities shall impose penalties in accordance with the law, and impose sanctions on the directly responsible persons in charge and other directly responsible persons; if the lawful rights and interests of citizens, legal persons or other organizations are harmed, they shall be liable for elimination according to law Civil liabilities such as affecting, restoring reputation, compensating for losses, and apologizing.
Article 142
In violation of the provisions of this Law, local people’s governments at or above the county level commit one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a major demerit penalty; if the circumstances are serious, they shall be degraded or removed from office; if the circumstances are serious, Dismissal shall be given; if serious consequences are caused, the person in charge shall also take the blame and resign:
(1) Failure to promptly organize and coordinate relevant departments to carry out effective handling of food safety accidents that occurred in the administrative area, causing adverse effects or losses;
(2) Failure to organize rectification in time for regional food safety issues involving multiple links in the administrative area, causing adverse effects or losses;
(3) Concealing, misreporting, or delaying the reporting of food safety incidents; (4) A particularly serious food safety incident occurs within the administrative area, or a serious food safety incident occurs continuously.
Article 143
In violation of the provisions of this law, local people's governments at or above the county level commit one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given warnings, demerits or major demerits; if serious consequences are caused, they shall be degraded or dismissed:
(1) The food safety supervision and management responsibilities of the relevant departments have not been determined, the food safety supervision and management working mechanism and information sharing mechanism have not been established and perfected, and the food safety supervision and management responsibility system has not been implemented;
(2) Failure to formulate an emergency response plan for food safety accidents in the administrative area, or failing to establish an accident handling command agency and initiate an emergency response plan immediately after a food safety accident occurs.
Article 144
In violation of the provisions of this law, the food safety supervision and management, health administration, agricultural administration and other departments of the people's government at or above the county level commit one of the following acts, the directly responsible person in charge and other directly responsible persons shall be penalized for serious offense; , Give demotion or dismissal sanctions; if the circumstances are serious, give expulsion sanctions; if serious consequences are caused, the main person in charge shall also take the blame and resign:
(1) Concealing, falsely reporting, or delaying reporting food safety incidents;
(2) Failure to investigate and deal with food safety incidents in accordance with regulations, or failing to handle food safety incident reports in a timely manner, causing the accident to expand or spread;
(3) After the food safety risk assessment has reached a conclusion that food, food additives, and food-related products are unsafe, failing to take corresponding measures in time, causing food safety accidents or adverse social impacts;
(4) Granting permission to applicants who do not meet the requirements, or granting permission beyond legal authority;
(5) Failure to perform food safety supervision and management duties, resulting in food safety incidents.
Article 145
In violation of the provisions of this law, where the food safety supervision and management, health administration, agricultural administration and other departments of the people’s government at or above the county level commit one of the following acts, causing adverse consequences, the directly responsible person in charge and other directly responsible persons shall be warned, recorded or recorded If the circumstances are serious, demotion or dismissal will be given; if the circumstances are serious, expulsion will be given:
(1) After learning the relevant food safety information, failing to report to the superior authority and the people's government at the same level as required, or failing to inform each other as required;
(2) Failing to publish food safety information as required;
(3) Failing to perform statutory duties, failing to cooperate with the investigation and handling of food safety violations, or abuse of power, negligence of duty, or malpractice for personal gain.
Article 146
Food safety supervision and management departments, in the process of performing food safety supervision and management responsibilities, illegally implement inspections, compulsory and other law enforcement measures, causing losses to producers and operators, they shall compensate according to law, and the directly responsible persons in charge and other directly responsible persons shall be compensated according to law. Give sanctions.
Article 147
Anyone who violates the provisions of this law and causes personal, property or other damage shall be liable for compensation in accordance with the law. When the property of the producer and business operator is not enough to bear civil compensation liability and pay fines and penalties at the same time, he shall first bear civil compensation liability.
Article 148
Consumers who suffer damage due to food that does not meet the food safety standards may demand compensation from the business operator or the producer for compensation. The producer and business operator who receives a consumer compensation request shall implement the first responsibility system and pay compensation first without prevarication; if it is the responsibility of the producer, the operator has the right to recover the compensation from the producer after the compensation; if it is the responsibility of the operator, the producer shall compensate Later, it has the right to claim compensation from the operator. When producing food that does not meet the food safety standards or operating foods that do not meet the food safety standards, in addition to demanding compensation for losses, consumers can also demand compensation from the producer or operator for ten times the price or three times the loss; If the amount of compensation is less than 1,000 yuan, 1,000 yuan. However, the labels and instructions of the food have defects that do not affect food safety and will not mislead consumers.
Article 149
Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.
Chapter Ten
Article 150
The meaning of the following terms in this law: Food refers to all kinds of finished products and raw materials for human consumption or drinking, and articles that are both food and Chinese medicinal materials according to tradition, but do not include articles for the purpose of treatment. Food safety refers to food that is non-toxic and harmless, meets the required nutritional requirements, and does not cause any acute, subacute or chronic harm to human health. Pre-packaged food refers to food that is pre-packaged in a fixed amount or prepared in packaging materials or containers. Food additives refer to synthetic or natural substances added to food to improve the quality and color, aroma, and taste of food, as well as for the needs of anti-corrosion, preservation and processing technology, including nutritional fortifiers. Packaging materials and containers used for food refer to paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fiber, chemical fiber, glass and other products used for packaging, holding food or food additives, and products that directly contact food or Food additive coatings. Tools and equipment used for food production and operation refer to machinery, pipes, conveyor belts, containers, utensils, tableware, etc. that directly contact food or food additives during the production, sale, and use of food or food additives. Detergents and disinfectants used for food refer to substances directly used for washing or disinfecting food, tableware, drinking utensils, tools, equipment, or food packaging materials and containers that directly contact food. The shelf life of food refers to the period during which food maintains its quality under the indicated storage conditions. Food-borne diseases refer to infectious and toxic diseases caused by pathogenic factors in food entering the human body, including food poisoning. Food safety accidents refer to food-borne diseases, food contamination, and other accidents that originate from food and are harmful or potentially harmful to human health.
Article 151
The food safety management of genetically modified foods and table salt shall be governed by other laws and administrative regulations if this law does not provide for it.
Article 152
The administrative measures for food safety in the operation of railways and civil aviation shall be formulated by the food safety supervision and administration department of the State Council in conjunction with relevant departments of the State Council in accordance with this law. The specific management measures for health food shall be formulated by the food safety supervision and management department of the State Council in accordance with this law. The specific management measures for the production activities of food-related products shall be formulated by the food safety supervision and administration department of the State Council in accordance with this law. The supervision and management of food at frontier ports shall be implemented by the entry-exit inspection and quarantine agency in accordance with the provisions of this Law and relevant laws and administrative regulations. The food safety management measures for military food and self-supplied food shall be formulated by the Central Military Commission in accordance with this Law.
Article 153
The State Council may make adjustments to the food safety supervision and management system based on actual needs.
Article 154
This law shall come into force on October 1, 2015.

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