People's Republic Of China Food Safety Law

Original Language Title: 中华人民共和国食品安全法

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People's Republic of China Nineth President

   People's Republic of China Law on food safety are carried out by People's Republic of China the seventh meeting of the Standing Committee of the 11th NPC was adopted on February 28, 2009, are hereby promulgated and take effect on June 1, 2009.

         People's Republic of China President Hu Jintao

The February 28, 2009

People's Republic of China food safety law

(February 28, 2009 adopted at the seventh meeting of the Standing Committee of the 11th NPC)

Directory

Chapter I General provisions

Chapter II the food safety risk monitoring and assessment

Chapter III food safety standards

The fourth chapter engaged in food production

Fifth chapter food inspection

Sixth chapter of food import and export

The seventh chapter of food safety accident disposal

Supervision and administration of the eighth chapter

Nineth legal liability

The tenth chapter by-laws

Chapter I General provisions

First in order to ensure food safety and protect public health and safety, this law is enacted.

Article in the People's Republic of China engaged in the following activities shall abide by this law:

(A) where the food production and processing (hereinafter referred to as food production), food distribution and food and beverage services (hereinafter referred to as food products);

(B) the food additive production management;

(C) used for food packaging materials, containers, detergents and disinfectants used in food production management tool, equipment (hereinafter referred to as food-related products) of production and operation;

(D) the food producers and traders to use food additives and food-related products;

(E) the safe management of food, food additives and food-related products. For human consumption derived from primary agricultural products (hereinafter referred to as edible agricultural products) quality and safety management, compliance with the People's Republic of China agricultural products quality safety law requirements.

However, the development of edible farm product quality and safety standards, the edible agricultural products safety relevant published information shall comply with the relevant provisions of this law.

Article III food producers and traders shall, in accordance with the law, regulations and food safety standards in production and operation activities, responsible for the society and the public, ensuring food safety, subject to public supervision, and social responsibility.

Article fourth set up a food safety Commission under the State Council, its duties stipulated by the State Council.

Food safety coordination responsibilities entrusted to the health Administrative Department under the State Council, responsible for food safety risk assessment, food safety standards and food safety information, food inspection agency accreditation and test specification development organizations investigate and deal with major food safety incidents.

State administration of quality supervision, industrial and commercial administration and the State food and drug supervision and management departments in accordance with this law and the regulations of the State Council duties, respectively, food production, food circulation supervision and management, food and beverage service activities.

Local people's Governments at or above the county level is responsible for the fifth article, leadership, organizational, coordinating the Administration's food safety supervision and administration, the work of establishing and perfecting the food safety regulatory mechanism; unified leadership, command food safety emergency response work perfect, food safety supervision and management accountability, food safety supervision and management departments for review and evaluation. Local people's Governments at or above the county level in accordance with this law and the State Council determined the level of public health and agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and management of food safety supervision and administration.

Authorities responsible for the Administration in their respective areas of responsibility of food safety supervision and administration.

Higher people's Government Department in lower administrative bodies should be unified local government organizations, under the coordination of, food safety supervision and administration in accordance with law.

Sixth above the county level health and agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and management departments should strengthen communication, close cooperation, in accordance with their respective responsibilities, terms of reference according to the law and take responsibility.

Article seventh food industry associations shall strengthen self-discipline to guide food producers and production and management according to law, promote industry integrity, advocacy, disseminate knowledge about food safety.

Eighth State encourages social organizations and grassroots organizations to carry out food safety laws, regulations and standards for food safety and the popularization of knowledge, advocate a healthy way of eating, increase consumer food safety awareness and ability to protect themselves.

News media shall conduct food safety laws, regulations, and knowledge of food safety standards and public awareness, and to supervision by public opinion acts in violation of this law.

Nineth State encourages and supports basic and applied research related to food safety, encourage and support operators in order to improve the level of food safety in food production using advanced technology and advanced management practices.

Tenth article of any organization or individual is entitled to report food production acts in violation of the law, right to information about the Department of food safety, views and advice on food safety supervision and administration.

Chapter II the food safety risk monitoring and assessment

11th State establishes the food safety risk monitoring system for foodborne diseases and food contamination monitoring and harmful factors in food. The health Administrative Department under the State Council in conjunction with the departments concerned, the implementation of a national food safety risk monitoring plan.

The provinces, autonomous regions and municipalities the health Administrative Department under the State food safety risk monitoring plan, combined with the Administration's specific circumstances, organizations develop, implement the administration of the food safety risk monitoring programme. 12th State of agriculture administration, quality supervision, industry and commerce administration and relevant departments of the State food and Drug Administration received information on food safety risk, it shall immediately inform the health Administrative Department under the State Council.

The health Administrative Department under the State Council in conjunction with the departments concerned for information and verification, should adjust the food safety risk monitoring plan.

13th national food safety risk assessment system, for food, food additives, biological, chemical and physical hazards risk assessment.

The health Administrative Department under the State Council is responsible for food safety risk assessment, established by the medical, agricultural, food, nutrition and other aspects of food safety risk assessment Expert Committee consisting of experts in food safety risk assessment.

Pesticides, fertilizers, growth regulators, veterinary drugs, animal feed and feed additives, such as safety assessments, there should be an Expert Committee on food safety and risk assessment experts.

Food safety risk assessment should be used in scientific method, according to the food safety risk monitoring information, scientific data and other relevant information.

14th the health Administrative Department under the State Council agreed the food safety risk monitoring or the complaint found that food may be unsafe, shall immediately organize inspection and food safety risk assessment.

15th state of agriculture administration, quality supervision, industry and commerce administration and the State food and drug supervision and management to the health Administrative Department under the State Council and other relevant departments should make recommendations for food safety risk assessment, and to provide relevant information and materials.

The health Administrative Department under the State Council shall promptly inform the relevant departments under the State Council's food safety risk assessment results.

16th in food safety risk assessment was developed, amendments to the food safety standards and the scientific basis for food safety supervision and administration.

Food safety risk assessment results, conclusions of food insecurity, the State Council quality supervision, industrial and commercial administration and the State food and drug supervision and management departments should take immediate and appropriate measures in accordance with their respective responsibilities, ensure that the food stopped production and advise consumers to stop eating; need to formulate, amend the relevant national standards for food safety, the health Administrative Department under the State Council, amendments should be enacted immediately. 17th the health Administrative Department under the State Council shall, jointly with relevant departments of the State Council, according to the food safety risk assessment, food safety supervision and administration information, comprehensive analysis of the food security situation.

On the comprehensive analysis shows that food may have a higher degree of security risks, health Administrative Department under the State food safety alert in a timely manner, and to the public.

Chapter III food safety standards

18th to develop food safety standards, for the purpose should be to safeguard public health, scientific and reasonable, safe and reliable. 19th food safety standards are enforced standards.

In addition to food safety standards, mandatory standard shall make no other food.

Article 20th food safety standards should include the following:

(A) food and food-related products in the pathogenicity of microbes, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances that harm human health limited provisions;

(B) the variety and scope of use of food additives and dosage;

(C) intended for infants and young children and other special groups of primary and secondary food nutrient requirements;

(Iv) with regard to food safety, nutrition labeling, identification, specification of requirements;

(E) food hygiene requirements for the production and management process;

(F) related to food safety and quality requirements;

(G) food inspection methods and procedures;

(H) the need to develop content for the food safety standards.

21st national food safety standards shall be formulated by the health Administrative Department is responsible for the development, publication, standardization Administrative Department under the State Council to provide national standards numbers.

Limits of pesticide residues, veterinary drug residues in food regulation and inspection methods and procedures by administrative departments of health under the State Council and departments of agriculture administration under the State Council.

Slaughtering of livestock and poultry inspection regulations shall be formulated by the competent Department in conjunction with the Health Administration Department under the State Council.

Content of the provisions of relevant national standards relating to food safety standards should be consistent with national food safety standards.

22nd the health Administrative Department under the State Council should be on the current quality of edible agricultural products safety standards, food sanitation standards, quality of food standards and food standards enforcement in the industry standard integration, unified release for food safety standards.

Provisions of this law before the promulgation of national standards on food safety, food producers and traders shall, in accordance with the current quality of edible agricultural products safety standards, food safety standards and food quality standards and industry standards relating to food production and operation of food. 23rd national food safety standards should be reviewed by the food safety standards Evaluation Committee adopted.
Food safety standards Evaluation Committee composed of medicine, agriculture, food, nutrition, and composed of experts in the field and representatives of the relevant departments under the State Council.

Developing national food safety standards should be based on the food safety risk assessment and fully consider the edible farm product quality safety risk assessment, taking into account relevant international standards and international food safety risk assessment, and extensively listen to the views of food producers and consumers.

Article 24th national food safety standards, food safety standards can be developed.

The provinces, autonomous regions and municipalities directly under the administrative departments of health under the development of food safety standards, reference should implement the provisions of this law on the national standards for food safety, and report to the Administrative Department of health under the State Council for the record. 25th production of food has no national or local standards on food safety, should develop standard as a basis for production. National food production enterprises were encouraged to develop strict food safety standards or local standards of corporate standards.

Corporate standard shall be reported to the provincial health administration departments, in the enterprise application.

26th food safety standards should be available for public inspection.

The fourth chapter engaged in food production

27th should be engaged in food production to meet the food safety standards and comply with the following requirements:

(A) compatible with food variety and quantity of production and management of food processing and food processing, packaging, storage, and other places, keep the site clean and tidy environment, and with toxic, harmful sites and other sources to maintain prescribed distance;

(B) with the production and operation of food varieties, which adapts to the number of production equipment or facilities, there is a corresponding disinfection, dressing, washing, lighting, lighting, ventilating, corrosion-resistant, dust-proof and insect-proof, rodent, pest control, cleaning and waste water treatment equipment or facilities, store garbage and waste;

(C) food safety professional technicians, management personnel, and to ensure that food safety rules and regulations;

(D) devices with reasonable layout and process flow, prevent processed food and foodstuffs, raw materials and finished products directly cross-contamination, avoid food contact poisons, dirt;

(V) tableware, kitchenware and direct entrance in full bloom food containers before use should be washed, disinfected, Cookware, utensils should be washed after use and kept clean;

(Vi) food storage, transportation and handling of containers, tools, and equipment should be safe, harmless, clean and prevent food contamination, and meets the temperature necessary to ensure food safety and other special requirements, food may not be toxic, hazardous materials transport;

(G) direct entry of food should be packed or drug-free, clean packaging materials, utensils;

(VIII) personnel engaged in food production should maintain good personal hygiene, production and operation of food, hands should be washed, wear clean working clothes and hat when selling unpackaged foodstuffs directly, you should use nontoxic and sales tool for cleaning;

(I) the water used shall conform to the national drinking water standards;

(10) the detergents and disinfectants used should be safe and harmless to the human body;

(11) the laws, regulations and other requirements.

28th prohibits the production and operation of the following foods:

(A) non-food raw materials other than the production of food or food additive chemicals and other substances that may harm human health foods, or use recycled food as a raw material in the production of food;

(B) pathogenic microbes, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances harmful to human health than food safety standards for a limited number of foods;

(C) nutrients do not meet food safety standards specifically for infants and young children and other specific groups of primary and secondary food;

(D) deterioration, oil Rancidity, mildew and insect, filthy dirty, mixed with foreign bodies, adulteration of doping or abnormal sensory properties of food;

(E) death, poisoning or unknown poultry, livestock, wild animals, aquatic animals, meat and meat products;

(Vi) without the supervising agencies for animal health quarantine or not passed quarantine inspection of meat, or any inspection or unqualified meat products;

(G) packaging materials, containers and means of transport, such as pollution of the food;

(H) exceeding the shelf life of the food;

(IX) no label of prepackaged foods;

(10) for disease prevention, and other special needs of the countries banned the production and operation of food;

(11) other foods do not meet food safety standards or requirements. 29th national food production and operation through a licensing system.

Engaged in food production, food distribution, food and beverage service, food production, food circulation shall obtain a permit, food service permit.

Made food production food producers sell their production at its production sites in the food, do not need to license food circulation; access to catering services licensing food service provider in its food service establishments to sell its production of processed food, does not need permission from both food production and distribution; individual farmers sell their own consumption of agricultural products, does not need permission from both food circulation.

Food processing workshops and food vendors engaged in food production and management activities shall conform to the provisions of this law and its scale of production and operation, adapting to the conditions of food safety requirements to ensure the production and management of food hygiene, nonpoisonous, harmless, the departments concerned should strengthen its supervision and management, specific measures for the administration of provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress in accordance with this Act.

30th local people's Governments at or above the county level shall encourage food processing workshops to improve production conditions encouraging food vendors into the centralized trading markets, shops and other fixed place of business.

31st article County above quality supervision, and business administration, and food drug supervision management sector should in accordance with People's Republic of China administrative license method of provides, audit application people submitted of this method 27th article first items to fourth items provides requirements of related information, necessary Shi on applicants of production business places for site verification; on meet provides conditions of, decided granted license; on not meet provides conditions of, decided not license and written description reason.

32nd food production enterprises shall set up and perfect the food safety management system, strengthen the food safety knowledge training, staffed with full-time or part-time food safety managers, do a good job on the production and operation of food inspection, engaged in food production and management activities according to law.

33rd State encourages enterprises engaged in food production to meet good manufacturing practice requirements, the implementation of hazard analysis and critical control points system, raise the level of food safety management. The adoption of good manufacturing practices, hazard analysis and critical control point system certification of enterprises engaged in food production, certification bodies according to law, should be followed; no longer meets the certification requirements of the enterprise, it shall revoke certification, quality supervision, industrial and commercial administration management and food and drug supervision and management departments, and to the public.

Certification bodies to implement tracking does not charge any fees. Article 34th food producers and traders shall establish and implement a health management system.

Suffering from dysentery, typhoid, hepatitis and other infectious diseases of digestive tract of personnel, and people with active tuberculosis, Pyogenic disease or exudative skin diseases that hinder food safety personnel shall not engage in direct foodstuffs contact work.

Food production and management personnel shall conduct health examinations every year, obtained a health certificate before they can work. 35th edible agricultural products shall, in accordance with food safety standards and relevant regulations of the State use of pesticides, fertilizers, growth regulators, veterinary drugs, feedstuff and feed additives and other agricultural inputs.

Edible agricultural products production enterprises and farmers ' specialized cooperative economic organizations shall establish a record of edible agricultural products production system.

Agriculture administration departments at or above the county level shall strengthen the use of agricultural inputs and management, establish and perfect the system of the safe use of agricultural inputs.

Article 36th food producers buy food ingredients, food additives and food-related products, shall examine the supplier's license and product certificates; the failure to provide certificates of food raw material shall be tested in accordance with the food safety standards must not purchase or use do not meet food safety standards, food ingredients, food additives and food-related products.

Food production enterprises shall establish food ingredients, food additives and food-related raw materials purchase check record system record of food ingredients, food additives and food-related products, name, size, quantity, supplier name and contact information, date of purchase, and so on.

Food ingredients, food additives and food-related products raw materials purchase check record shall be true to the retention period shall be not less than two years.

37th the food production enterprises shall establish a food factory check record system, inspection of factory food inspection certificate and the security situation, and record food name, specification, quantity, date of manufacture, batch purchases, certificate number, name and contact information, the date of sale, and so on.

Food-factory check record shall be true to the retention period shall be not less than two years.

Article 38th producers of food, food additives and food-related products, should be in accordance with the food safety standard for the production of food, food additives and food-related products tested, examined and passed before the factory or sales.

39th food operator procurement food shall examine the supplier's license and food certification of documents.

Food enterprises should establish food raw materials purchase check record system to faithfully record the name of the food, specifications, quantity, batch number, shelf-life, the supplier name and contact information, date of purchase, and so on.

Food raw materials purchase check record shall be true to the retention period shall be not less than two years.

Uniform distribution mode of operation of food operating enterprises can centrally by the headquarters of the identification of suppliers permit qualified certificates and food, food raw materials purchase check record.

40th food business operators shall ensure that food safety of storing food, stock foods on a regular basis, timely liquidation deteriorated or exceeding the shelf life of food.

41st food business operators storing bulk food, indicating the name of the food shall be stored in location, production date, shelf life, producer name and contact information, and more.

Food operator sells food in bulk, bulk food containers, should be marked on the outer packaging of food names, production date, shelf life, production operator's name and contact information, and so on. 42nd article should have a label on the packaging of pre-packaged foods.

Label should contain the following:

(A) the name, size, net weight, production date;

(B) the ingredient or ingredients;

(C) the producer's name, address and contact information;

(D) the guarantee period;
(E) the code of product standards;

(F) the recommended storage conditions;

(G) the use of food additives in the national standard of the common name;

(H) production licence number;

(I) the provisions of laws and regulations, or the food safety standards must be identified other matters.

Primary and secondary food intended for infants and young children and other specific crowd, its label should also indicate the main nutritional components and contents. 43rd national licensing system for the production of food additives.

Application for food additive approval conditions, procedures, in accordance with the relevant provisions of the administration of production license for industrial products. Section 44th for use of new raw materials in food production or food additive varieties and new varieties of food-related products in the production activities of the entity or individual, shall be submitted to the Administrative Department of health under the State Council materials related to product safety assessment.

The health Administrative Department under the State Council shall, within 60 days of receipt of the application materials related to product safety assessment organization to review to comply with food safety requirements, decision to grant the license and made public according to law; do not meet the food safety requirements, decided not to license, and written explanations. Article 45th food additives should be technically necessary and safe and reliable through risk assessment, shall be included in the allowed range.

The health Administrative Department under the State Council shall, in accordance with the technical necessities and food safety risk assessment, food additives in a timely manner, scope of use, revision of the standards.

46th in food production should be in accordance with the food safety standards on food additives, uses, dosage range of the requirement to use food additives food additives shall not be used in food production other than chemicals and other substances that may harm human health. 47th article of food additives must have labels, instructions and packaging.

Labels and instructions shall set forth the 42nd article of this law first to sixth, prescribed by the eighth or Nineth matters, as well as the use of food additives, dosage, usage, and stated the label "food additives". 48th labels and instructions for food and food additives shall not contain false, exaggerated, not related to disease prevention and treatment.

Producer is responsible for the content contained on the labels and instructions.

Labels and instructions for food and food additives shall be legible and clear and easy to read.

Foods and food ingredients and the labels and instructions contained in the content, not listed for sale.

49th food business operators shall follow the food label identifying warning signs, warning or notice requirements, sales of prepackaged foods. 50th production operations shall not be added to the food and drug, but you can add both food and traditional Chinese herbal medicine materials.

According to the tradition of both food and traditional Chinese medicine material directory by the health Administrative Department under the State Council formulated and promulgated. 51st state claims to have specific health functions of food under strict supervision. The relevant supervision and management departments should perform their duties according to law, and take responsibility.

Specific management measures formulated by the State Council.

Food claimed to have specific health functions of the body shall not be acute, subacute or chronic hazard labels or instructions shall not be involved in disease prevention, treatment, content must be true, shall set forth the crowd, it's not the crowds or iconic elements and their content, and functional components; the functions and composition of the product must be consistent with the labels and instructions.

52nd article concentrated trading market of opened who, and counter rental who and fairs held who, should review admission food operators of license, clear admission food operators of food security management responsibility, regularly on admission food operators of business environment and conditions for check, found food operators has violation this method provides of behavior of, should timely stop and immediately report location County business administration sector or food drug supervision management sector.

Centralized trading market opened, counter the lessor and fair organizers have not met their obligations under the preceding paragraph, the market of food safety accident occurs shall bear joint and several liability. 53rd national food recall system.

Food producers found that the food does not meet food safety standards, should cease production immediately, recall of foods has been listed for sale, notify the relevant producers and consumers, and record the recall and notification situations. Food business operators found that food does not meet the food safety standards of their, shall immediately cease business, notify the relevant producers and consumers, and records may cease to operate and notifications.

Food producers should recall, should be immediately recalled.

Food producers should recall foods take remediation, decontamination, destruction of measures and handling of food recalls and quality supervision departments above the county level report.

Food producers are not in accordance with the provisions of this article recalls or stopped operation does not meet the food safety standards of food, quality supervision, industry and Commerce above the county level administration, food and Drug Administration may be ordered to recall or stop operating.

54th food advertisement shall be true and legal, may not contain false or exaggerated content not related to disease prevention and treatment.

Food safety supervision and management departments or food inspection of institutions, food industry associations, consumers ' associations shall not be advertisements or other recommended to consumers in the form of food.

55th societies or other organizations, individuals recommended to consumers in the false advertising of food, the expense of the legitimate rights and interests of consumers, joint and several liability with the food producers and traders.

56th local people's Governments at various levels to encourage food production, distribution and chain operation.

Fifth chapter food inspection 57th food inspection agencies in accordance with the relevant provisions after obtaining the qualification, may engage in food inspection activities.

However, except as otherwise provided by law.

Food Inspection Agency accreditation and test specifications, by the health Administrative Department under the State Council.

Before the promulgation of this law by the competent departments of the State Council approved the establishment or food inspection institutions determined by the law, may, in accordance with the law in its food inspection activities.

Article 58th food inspection and testing specified by the Food Inspection Agency independence.

Inspectors shall, in accordance with the relevant provisions of laws and regulations and in accordance with the food safety standards and inspection criteria to test food, respect for science, abide by professional ethics and guarantee certificate of test data and conclusions with objectivity, impartiality, and shall not issue false inspection reports. 59th food inspection food inspection bodies and inspection system. Food inspection reports should be stamped with the seal of the Food Inspection Agency, and the Inspector's signature or seal.

Food inspection agencies and inspectors responsible for food inspection report issued by.

60th food safety supervision and management departments of food may not implement the exemption. Above the county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and administration on food for regular or irregular sampling inspection.

Sample tests, should purchase the extraction of samples, no examination fee and any other charges. Above the county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and management in law enforcement is needed to test the food, the Food Inspection Agency shall be commissioned in accordance with the provisions of this law, and pay the associated costs.

About disagrees with the conclusions of the examination, may have right according to law.

61st enterprises engaged in food production can be tested for the production of food on their own, can also be commissioned in accordance with the provisions of this law the Food Inspection Agency inspection.

Food industry association and other organizations, consumers need to be inspected by the Food Inspection Agency to test the food, the Food Inspection Agency shall be commissioned in accordance with the provisions of this law.

Sixth chapter of food import and export

62nd imported foods, food additives, and food-related products should be in line with China's food safety standards.

Imported foods shall be subject to the entry-exit inspection and quarantine authorities after passing inspection, customs clearance certificate issued by the entry-exit inspection and quarantine authorities release. 63rd there are no national standards for food safety food imported, or imported for food additive varieties and new varieties of food-related products, the importer shall make application to the Administrative Department of health under the State Council and submitted to the relevant safety assessment materials.

The health Administrative Department under the State Council in accordance with the provisions of this law article 44th decided whether or not to grant licenses, and set up corresponding national standards for food safety. 64th overseas food safety incidents that took place could have an impact on China's territory, or of serious food safety problems found in imported food, State administration for entry-exit inspection and quarantine departments shall take the risk or control measures in a timely manner, and to the State health and agriculture administration, administration for industry and Commerce and State food and drug supervision and administration departments.

Informed the receiving Department shall take appropriate measures in a timely manner. 65th export food to the country's exporters and agents to the State administration for entry-exit inspection and quarantine authorities.

To export food to the outbound food production enterprises in the country should be registered by the State administration for entry-exit inspection and Quarantine Bureau.

State administration for entry-exit inspection and quarantine departments should regularly publish has registered exporters, agents and list of registered outbound food production enterprises. 66th article imported prepackaged food must have labels and instructions in Chinese. Labels or instructions shall be in conformity with this law and other relevant laws, administrative regulations and the requirements of food safety standards, set forth the food origin as well as within the agent's name, address, contact information.

Prepackaged food without labelling, user manual or labels and instructions do not conform to the provisions of this article may not be imported.

67th importers of food imports and sales record-keeping system should be established, faithfully record the name of the food, specifications, quantity, date of manufacture, production or import batch number, shelf-life purchases, exporters and the name and contact information, date of delivery, and so on.

Food import and sales records shall be true to the retention period shall be not less than two years.

68th export food by the entry-exit inspection and quarantine institutions supervise and sampling, customs entry-exit inspection and quarantine institutions issue the clearance certificate is released.

Export food production and export of food raw materials plant, farms should be to the State administration for entry-exit inspection and quarantine Department.
69th national entry-exit inspection and quarantine authorities should collect, collect import and export food safety information, and inform the relevant departments, agencies and enterprises.

State administration for entry-exit inspection and quarantine departments should establish import and export food importers, exporters and export credit records of food production enterprises, and to the public.

The bad records of importers, exporters and export food production enterprises shall strengthen its food import and export inspection and quarantine.

The seventh chapter of food safety accident disposal

70th Cabinet-level organizations to develop national food safety emergency.

Local people's Governments at or above the county level shall, in accordance with the relevant laws and regulations of food safety emergency and higher people's Governments and the actual situation of the region, food safety emergency plan for their respective administrative areas and reported to people's Governments at a higher level for the record.

Enterprises engaged in food production should be the development of food safety solutions, regularly check the enterprise implementation of the food safety measures, eliminate hidden dangers of food safety accidents in a timely manner. 71st food safety accident occurs the entity shall be disposed of and prevent accidents expanded.

Accident treatment and receive patients shall promptly report to the health Administrative Department at county level where the accident occurred.

Agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and management in the daily supervision and management of food safety accidents, or receiving reports on food safety accident, it shall immediately inform the Administrative Department of public health. Major food safety accidents occur, received a report of the health Administrative Department at county level shall, in accordance with the provisions of the local government and the superior administrative departments of health under reporting.

And the superior administrative departments of health under the people's Governments at the county level should be reported in accordance with regulations.

Food safety accident no unit or individual is allowed to conceal, misrepresent, and delaying the report, not to destroy the evidence.

72nd health administrative departments at and above the county level shall receive food safety after reports of the accident shall immediately, in conjunction with relevant agriculture administration, quality supervision, industrial and commercial administration management and food and drug regulatory authorities for investigation, and adopt the following measures to prevent or mitigate harm to society:

(A) carrying out emergency rescue work, personnel of food safety accidents resulting in bodily injury, health administrative departments shall immediately organize the treatment;

(B) handling may result in food and its raw materials of food safety accidents and immediately tested; for the acknowledgement belongs to the contaminated food and its raw materials, ordering food producers and 53rd according to this law, it shall be recalled, stop operation and destruction;

(C) handling contaminated food tools and utensils, and orders for cleaning and disinfection;

(D) publish job information, the handling of food safety accidents and published according to law, and to explain the hazards that may arise, description.

Major food safety accidents occur, the people's Governments above the county level shall immediately set up a food safety accident disposal command to activate the emergency plan, and dispose of in accordance with the provisions of the preceding paragraph.

73rd major food safety accidents, district of the city-level administrative departments of health under accident investigation shall immediately, in conjunction with relevant departments, and urge the relevant departments to carry out duties, investigation and handling of accidents reported to the the people's Governments at the corresponding level.

Major food safety accidents involving two or more provinces, autonomous regions and municipalities, organized by the health Administrative Department under the State Council in accordance with the provisions of the preceding paragraph accident investigations.

74th food safety accidents, disease prevention and control institutions above the county level shall assist the Administrative Department of public health and the relevant departments on the scene of the accident for treatment, and the factors associated with food safety accident conducting epidemiological investigations.

75th food safety accident investigation, in addition to the responsibility of identifying the unit should also identify those regulatory and certification responsibilities of regulatory authorities, certification body staff of dereliction of duty, malfeasance.

Supervision and administration of the eighth chapter

76th local people's Governments at or above the county level shall organize the health administration and agriculture administration, quality supervision, industry and commerce administration, food and drug administration food safety supervision and administration of the annual program of the respective administrative areas, and in accordance with the annual work plan.

77th above county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and management departments to carry out their own food safety supervision and administration, are entitled to take the following measures:

(A) entering the place of business to conduct inspections;

(B) the sampling inspection for production of food;

(C) consult and copy the relevant contracts, bills, account books and other relevant materials;

(D) the sealing up, seizing evidence does not meet the food safety standards of food, illegal use of food ingredients, food additives and food-related products, as well as for illegal business operation or contaminated tools, equipment;

(E) seizure of illegal food production and business activities of the site.

Agriculture administration departments at or above the county level shall, in accordance with the People's Republic of China agricultural product quality safety responsibilities under the Act, management of edible farm products monitored. 78th above county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and Management Department to supervise and inspect the food producers and traders, inspection and processing of the results shall be recorded.

Supervision and inspection record signed by the inspectors and food producers filed after.

79th above county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and management departments should establish food producers and food safety credit files, recording license issuing, results of daily supervision and inspection, violations investigated; according to the food safety credit files recorded with bad credit records of food producers and traders to increase supervision and inspection frequency. 80th or above the county level health administration, quality supervision, industry and commerce administration, food and Drug Administration receives inquiries, complaints or information, are part of our responsibility in this sector, shall accept and respond in a timely manner, verify, process; not part of the duties of the Department, shall be notified in writing and hand over power to deal with the Department.

Competence to deal with the sector should be processed in a timely manner shall not excuse; food safety accidents, and dispose of in accordance with the relevant provisions of the seventh chapter.

81st and above the county level health administration, quality supervision, industry and commerce administration, food and drug supervision and management departments shall, in accordance with the legal permission to perform food safety oversight and program management responsibility; producers and operators of the same offence shall not be given more than two penalties administrative penalties; suspected of a crime shall be transferred to the public security organs according to law. 82nd national food safety information release system.

Following information published by the health Administrative Department under the State Council:

(A) the overall food security situation in the country;

(B) the food safety risk assessment and food safety alert information;

(C) major food safety accidents and processing information;

(D) other important food safety information and determine the need for uniformity of the information published by the State Council. Second item, third item of information required in the preceding paragraph, its impact is limited to a specific area, also can be made by the people's Governments of provinces, autonomous regions and municipalities health administration announced.

Agriculture administration, quality supervision, industry and Commerce above the county level administration, food and drug administration released daily food safety supervision and administration information in accordance with their respective responsibilities.

Food safety supervision and management departments to release information should be accurate, timely, and objective.

83rd place health above the county level administration and agriculture administration, quality supervision, industry and commerce administration, food and Drug Administration informed 82nd article of this law need to be harmonized information published, shall report to the higher authorities, by superior departments immediately report to the health Administrative Department under the State Council, if necessary, you can report directly to the health Administrative Department under the State Council.

Health Administration at or above the county level, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and management departments should inform each other informed of food safety information.

Nineth legal liability 84th article violation this method provides, without license engaged in food production business activities, or without license production food additives of, by about competent sector according to their duties Division, confiscated illegal proceeds, and illegal production business of food, and food additives and for illegal production business of tool, and equipment, and raw materials, items; illegal production business of food, and food additives goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of,

More than five times the amount in value terms and fined a maximum of 10 times.

85th article violation this method provides, has following case one of of, by about competent sector according to their duties Division, confiscated illegal proceeds, and illegal production business of food and for illegal production business of tool, and equipment, and raw materials, items; illegal production business of food goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount five times times above 10 times times following fine; plot serious of, revoked license:

(A) non-food raw materials to produce food or add food additives in foods other than chemicals and other substances that might harm human health, or made from recycled food as a raw material in the production of food;

(B) the production and operation of pathogenic microbes, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances harmful to human health than food safety standards for a limited number of foods;

(C) production and management nutrients do not meet food safety standards specifically for infants and young children and other specific groups of primary and secondary food;

(D) deterioration, oil Rancidity, mildew and insect management, filthy dirty, mixed with foreign bodies, adulteration of doping or abnormal sensory properties of food;

(E) the operation of death, poisoning or unknown poultry, livestock, wild animals, aquatic animals, death, poisoning or unknown or production and management of poultry, livestock, wild animals, aquatic animal products;

(Vi) operating without the supervising agencies for animal health quarantine or not passed quarantine inspection of meat, or operation without inspection or unqualified meat products;

(G) operating over the shelf life of the food;

(H) production and operation for disease prevention, and other special needs of the countries banned the production and operation of food;

(I) the use of new raw materials in food production or food additive varieties and new varieties of food-related products, without the use of security evaluation;
(J) the food producers and traders in the relevant authorities shall order its recall or stop after the operation does not meet the food safety standards of food, still refuses to recall or stop operating.

86th article violation this method provides, has following case one of of, by about competent sector according to their duties Division, confiscated illegal proceeds, and illegal production business of food and for illegal production business of tool, and equipment, and raw materials, items; illegal production business of food goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount twice times above five times times following fine; plot serious of, ordered discontinued closed, until revoked license:

(A) business was packaging materials, containers and means of transport, such as pollution of the food;

(B) production without labels of prepackaged foods, food additives or labels and instructions of food, food additive does not comply with the provisions of this law;

(C) procurement, food producers do not meet food safety standards, food ingredients, food additives and food-related products;

(D) added to food producers and operators in the food and drug.

87th in violation of the provisions of this law, any of the following circumstances, the relevant authorities in accordance with their respective responsibilities, correction and give a warning; it refuses to, more than 2000 Yuan and fined a maximum of 20,000 yuan; the circumstances are serious, shall be ordered to suspend production until revoked licenses:

(A) not to purchase raw materials and the production of food, food additives and food-related products for testing;

(B) failure to establish and adhere to check record system, factory check record system;

(C) develop food safety standard in accordance with the provisions of this law, for the record;

(D) not according to the requirements for storage and sale of food or clean up inventory of food;

(E) is not identification when purchasing the license and related documents;

(F) production of food, food additives, labels and instructions related to disease prevention, healing;

(G) arrangements for persons suffering from the diseases listed in article 34th direct foodstuffs contact work.

88th in violation of the provisions of this law, not disposed of after the food safety accident occurs, report by the relevant authorities in accordance with their respective responsibilities, correction, be warned; destroy relevant evidence, order to suspend production, and concurrently impose a fine of less than 2000 Yuan and 100,000 yuan, causing serious consequences, the original license issuing Department revoked.

89th in violation of the provisions of this law, any of the following circumstances, in accordance with the provisions of this law article 85th penalty:

(A) import did not meet national standards for food safety food in China;

(B) there are no national standards for food safety food imports, or imported for food additive varieties and new varieties of food-related products, without the use of security evaluation;

(C) the exporter failed to comply with the provisions of the export food.

Violation of the provisions of this law, importers and comply with food imports and sales record-keeping system has not been established, in accordance with the provisions of law 87th penalty.

90th article violation this method provides, concentrated trading market of opened who, and counter rental who, and fairs of held who allows not made license of food operators into market sales food, or not perform check, and report, obligations of, by about competent sector according to their duties Division, at 2000 Yuan above 50,000 yuan following fine; caused serious consequences of, ordered closed, by original sent card sector revoked license.

91st article violates the provisions of this law, is not in accordance with the requirements for the transport of food, by the competent authorities in accordance with their respective responsibilities, correction and give a warning; it refuses, order to suspend production, and more than 2000 Yuan and fined a maximum of 50,000 yuan in serious cases, by the original Licensing Department to revoke the licence.

92nd revoked the food production, circulation or catering service license units, persons directly in charge of five years from the date of making the decision on sanction shall not be engaged in food production and operation management.

Food producers and employment shall not be engaged in food production and operation management of personnel engaged in the management of, the original license issuing Department revoked.

93rd in violation of the provisions of this law, food inspection agency, food inspectors issued a false report, by grant qualified authorities or institutions withdraw the inspection qualification inspection; directly responsible for inspection agencies in accordance with law officers and food inspection staff dismissal or discharge penalties. Violation of the provisions of this law, subject to criminal punishment or be expelled of the food inspection agency personnel, completion of penalty or within ten years from the date of the decision shall not be engaged in food inspection.

Food inspection agency hired food inspection personnel shall not engage in, by grant qualified authorities or institutions withdraw the qualification of inspection and testing bodies.

94th in violation of the provisions of this law, in advertisements for false advertising on food quality, consumer fraud, in accordance with the People's Republic of China advertisement law provides for punishment.

Violation of the provisions of this law, food safety supervision and management departments or food inspection of institutions, food industry associations, consumers ' associations to advertising or other recommended foods to consumers in the form of, the relevant authorities shall confiscate the illegal income, according to law are directly responsible for the charge and the other persons given a demerit, demotion or removal from Office of disciplinary action.

95th in violation of the provisions of this law, local people's Governments at or above the county level shall not fulfilled its responsibilities in food safety supervision and management, the administrative area of a major food safety accidents, causing serious social repercussions, the supervisor directly responsible according to law officers and other personnel with direct responsibility for demerit, demotion, dismissal or discharge penalties.

Violation this method provides, County above health administrative, and agricultural administrative, and quality supervision, and business administration, and food drug supervision management sector or other about administrative sector not perform this method provides of duties or abuse, and negligence, and engages in of, law on directly is responsible for of competent personnel and other directly responsibility personnel give remember than or downgraded of disposition; caused serious consequences of, give dismissed or fired of disposition; its main head should resigned.

96th in violation of the provisions of this law, personal, property or other damage shall bear liability.

Production does not meet the food safety standards of food or is knowingly selling food did not meet food safety standards, consumer in addition seeks compensation for loss, can also be paid to the producer or seller compensation for 10 times the price.

97th in violation of the provisions of this law, shall bear civil liability for and payment of fines and penalties, the property is not enough for payment at the same time, bear civil liability.

98th in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.

The tenth chapter by-laws

99th article this law, the following terms mean:

Food, for human consumption or consumption of finished products and raw materials as well as traditional food and medicine items but not for therapeutic purposes.

Food safety, food nonpoisonous, harmless, in line with the proper nutritional requirements, to human health do not cause any acute, subacute or chronic hazards.

Prepackaged foods, prepackaged in advance or in the production of packaging materials and containers of food.

Food additives, referring to improve food quality and color, aroma, taste, and for corrosion protection, preservation and processing need to be added to food in the synthetic or natural material.

Packaging materials and containers for the food, packaging, containing food or food additive used in paper, bamboo, wood, metal, enamel, ceramics, plastics, rubbers, natural fibres, chemical fiber, glass products, such as paint and direct contact with food or food additives.

For food production and operation of tools, equipment, means food or food additive production, circulation, use in direct contact with food or food additives, machinery, pipes, conveyor belt, container, utensil, utensils, etc.

Detergents and disinfectants for food and directly used for washing or disinfection of food, tableware and direct food contact tools, equipment or material of food packaging materials and containers.

Shelf life of prepackaged food labels under specified storage conditions maintain the quality of the term.

Foodborne diseases, infections caused by pathogenic factors in food enters the body, toxic and other diseases.

Food poisoning, food is contaminated by toxic and harmful food or eating foods containing toxic substances occur after acute and subacute disease.

Food safety accidents, food poisoning, foodborne illness, food contamination comes from food, hazard or possible hazardous to human health.

100th food producers in the implementation of this law has been made before the corresponding license, the license remains in force.

101th dairy, genetically modified food, slaughtering, alcohol and salt in food safety management, this law is applicable; otherwise stipulated by laws, administrative regulations, in accordance with its provisions.

102th railway operations in the food safety management measures shall be formulated by the health Administrative Department under the State Council together with the relevant departments in accordance with this law.

Army private food specially used or food food safety management measures shall be formulated by the Central Military Commission in accordance with this law.

103th State according to actual needs, food safety supervision and management system can be made. 104th this law shall come into force on June 1, 2009. People's Republic of China food hygiene law repealed at the same time.

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