People's Republic Of China Regulations On Implementation Of The Food Safety Law

Original Language Title: 中华人民共和国食品安全法实施条例

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People's Republic of China promulgated by Decree No. 557

                         People's Republic of China food safety law implementing regulations adopted by the State Council on July 8, 2009 at the 73rd Executive meeting, are hereby promulgated and, as of the date of promulgation.

    Prime Minister Wen Jiabao

The July 20, 2009

People's Republic of China regulations on implementation of the food safety law

Chapter I General provisions

Article in accordance with the People's Republic of China Food Safety Act (hereinafter referred to as the food safety law), this Ordinance is enacted.

Secondly local people's Governments at or above the county level shall perform the duties described the food safety law, strengthening food safety supervision and management capacity-building, for the protection of food safety supervision and administration of established sound coordination mechanisms for food safety supervision and management departments, consolidation, improve food safety information network to achieve food security food inspection technology, information sharing and resource sharing.

Article III food producers and traders shall, in accordance with the law, regulations and food safety standards in production and operation activities, establish and improve the system of food safety management and take effective measures to ensure food safety.

Food producers and is responsible for its production and management of food safety, social and public accountability, social responsibility.

Article fourth food safety supervision and management departments should be in accordance with the food safety law and required food safety information under this Ordinance, provides a facility for public consultation reports, complaints, any organizations and individuals have the right to understand the food safety information to the Department.

Chapter II the food safety risk monitoring and assessment

Article fifth food safety law article 11th national food safety risk monitoring plan by the health Administrative Department under the State Council in conjunction with the State quality supervision, industrial and commercial administration and the State food and drug administration and the State Department of business, industry and information technology sectors, according to the food safety risk assessment, food safety standards and revisions, food safety supervision and management needs.

Sixth of provinces, autonomous regions, municipalities and health administrative departments should organize peer quality supervision, industrial and commercial administration management and food and drug supervision and management, business, industry and information technology sectors, in accordance with the provisions of the food safety law, 11th, the food safety risk monitoring plan their respective administrative areas, reported the health Administrative Department under the State Council for the record.

The health Administrative Department under the State Council shall be filed to the State administration of quality supervision, industrial and commercial administration and State food and drug administration, and Department of State business, industrial and information technology departments.

Article seventh the health Administrative Department under the State Council in conjunction with the departments concerned, in accordance with food safety laws 12th article of a national food safety risk monitoring plan to make adjustments, if necessary, adjustment should be based on medical institutions to report information about disease national food safety risk monitoring plan.

Adjusted for the national food safety risk monitoring plan, provinces, autonomous regions and municipalities health Administrative Department should be combined with the specific circumstances of the Administration, on the administration of the food safety risk monitoring plan adjusted accordingly.

Eighth medical organizations found receiving patients belong to food-borne diseases, food poisoning patients or suspected food-borne disease patients, patients with suspected food poisoning, shall promptly report to the Administrative Department of health under the County information about the disease.

Reports relating to the administrative departments for public health shall compile, analyse disease information, timely reports to the people's Governments at the corresponding level, and report to the higher administrative departments of public health, if necessary, you can report directly to the health Administrative Department under the State Council, and the people's Governments at the corresponding level and the superior administrative departments of public health.

Nineth food safety risk monitoring work by the people's Governments above provincial level health administrative departments of quality supervision, industrial and commercial administration management and food and drug supervision and Management Department of technical institutions.

Undertake technical body of the food safety risk monitoring work shall, in accordance with the food safety risk monitoring plan and monitoring of programme monitoring, monitoring data is true and accurate and in accordance with the requirements of the food safety risk monitoring plan and monitoring programme, the monitoring data and analysis results submitted to the people's Governments above provincial level health administrative departments and monitoring mandate issued by departments. Food safety risk monitoring staff collecting samples, the collection of relevant data can enter any edible agricultural farming, food production, food circulation or catering services.

Samples, shall pay the costs in accordance with the market price.

Tenth of the food safety risk monitoring analysis results indicate that there may be a food safety hazard, provinces, autonomous regions and municipalities directly under the information shall promptly inform the Administrative Department of health under the administrative districts of the city-and county-level people's Governments and their administrative departments of public health.

11th the health Administrative Department under the State Council shall collect, summarize the food safety risk monitoring data and analysis results, and quality supervision, industrial and commercial administration under the State Council and the State food and drug administration and the State Council departments such as commerce, industry and information technology.

12th under any of the following circumstances, the health Administrative Department under the State Council shall organize a food safety risk assessment:

(A) to develop or amend the food safety standards provide the scientific basis needed for risk assessment;

(B) to determine the focus of regulatory areas, focusing on the need for risk assessment;

(C) find new factors which may jeopardize the safety of food;

(D) the need to determine whether a particular factor constitutes potential food safety hazard;

(E) the health Administrative Department under the State Council deems it necessary to conduct a risk assessment of other cases.

13th Department of agriculture administration, quality supervision, industrial and commercial administration and the State food and drug supervision and management departments in accordance with the food safety law article 15th to food safety risk assessment recommendations to the Administrative Department of health under the State Council, shall provide the following information and data:

(A) the source and nature of risks;

(B) relevant testing data and conclusions;

(C) the scope of risks;

(D) other relevant information and data.

Agriculture administration, quality supervision, industry and Commerce above the county level administration and food and drug supervision and management departments should assist in the collection of the provisions of the preceding paragraph for food safety risk assessment information and data.

14th people's Governments above provincial level health and agriculture Administration Department shall timely make mutual notification of food safety risk monitoring and edible farm product quality safety risk monitoring information.

Health Administration and agriculture Administration Department shall timely make mutual notification of food safety risk assessment and edible farm product quality safety risk assessment and other related information.

Chapter III food safety standards 15th the health Administrative Department under the State Council in conjunction with the agriculture administration, quality supervision, industrial and commercial administration and the State food and drug administration and the State Department of Commerce, industry and information technology departments to develop food safety standards, such as planning and its implementation plan.

Develop national standards for food safety plans and their implementation plan, should be open for comments. 16th the health Administrative Department under the State Council shall select the corresponding technological ability of draft national standards for food safety.

Promote by research institutions, educational institutions, academia, industry associations and other organizations, joint draft national standards for food safety.

Draft food safety standards the health Administrative Department under the State Council shall be announced to the public and open for comment.

17th the food safety law, article 23rd food safety standards Evaluation Committee by the health Administrative Department under the State Council is responsible for organizing.

Food safety standards Evaluation Committee is responsible for reviewing draft food safety standards of scientific and practical content.

18th of provinces, autonomous regions and municipalities directly under the Administrative Department of health under the enterprise in accordance with the food safety law, 25th the corporate standards of the articles submitted for the record, sibling of agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and management, Commerce, industry and information technology departments.

19th the health Administrative Department under the State Council and provinces, autonomous regions, municipalities and health administrative departments shall, in conjunction with the agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration, commercial, industrial and information technology sectors, and on food safety standards and implementation of the food safety standards of evaluation are tracked separately, and should be based on the findings in due course revised food safety standards.

State Council and the Governments of provinces, autonomous regions and municipalities directly under the agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and management, business, industry and information technology and other sectors should be collected, total, in the implementation of food safety standards in existing problems, and promptly to inform the health Administrative Department at the same level.

Food producers, food industry associations food safety standard problems during the implementation process, shall immediately report to the food safety supervision and management departments.

The fourth chapter engaged in food production Article 20th food production enterprises shall be pre-approved company name, in accordance with the provisions of the food safety law after acquiring the food production, industrial and commercial registration.

Quality supervision and management departments at or above the county level in accordance with relevant laws, administrative regulations, audit related information, verification of production premises, inspection-related products for relevant information and sites comply with the requirements and related products to meet the food safety standards or requirements, should make the decision to grant permission. Other food producers and traders shall obtain the corresponding food production, food circulation and catering services, with the permission of industrial and commercial registration.

Laws and regulations on food production and processing small workshops and food vendors have provided, in accordance with its provisions.

Food production, food circulation and catering services license is valid for 3 years.

Article 21st of food producers and production and business conditions change, does not meet the requirements of food production, food producers and traders shall take immediate corrective actions; there is potential risk of food safety accident occurs, shall immediately cease food production and business activities, and the county administration of quality supervision, industrial and commercial administration or the food and Drug Administration report needs to go through the licensing procedure should be in accordance with the law.
Above the county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and management departments should strengthen the food producers and the business activities of daily supervision and inspection in; finding food production requirements are not met, shall be ordered to immediately correct, and be dealt with according to law; no longer meets the conditions for production and operation license should be revoked license.

22nd food production and trading enterprises shall, in accordance with the food safety law article 32nd organization staff participating in food safety knowledge and training, food safety laws, regulations, rules, standards and other food safety knowledge, and training records. 23rd food producers and traders shall, in accordance with the food safety law 34th article creation and implementation of employee health screening system and health record system.

Engaged in the direct entry personnel working in food and suffering from dysentery, typhoid, viral hepatitis a, hepatitis e and other gastrointestinal diseases, and people with active tuberculosis, purulent or exudative skin disease prevent diseases on food safety, food producers and traders shall be adjusted to another without affecting the food security of jobs.

Food production and management personnel in accordance with the food safety law 34th article health checks, check such matters shall conform to the seat of provinces, autonomous regions and municipalities directly under the provisions of. 24th food production and trading enterprises shall, in accordance with the food safety law article 36th, 37th article, 39th article provides for the establishment of raw materials purchase check record system, food-factory check record system record record matters legal, or keep information related to the purchase or sale of notes.

Retained for periods of not less than 2 years of records, notes.

25th centralize and unify the procurement of raw materials group of food production enterprises, by the corporate HQ, verifying the supplier's license and product certificate, the raw materials purchase check record; the failure to provide certificates of food raw material shall be tested in accordance with the food safety standards.

Article 26th the food production enterprises shall establish and implement a material inspection, process safety management, storage management, equipment management, failed food safety management systems such as product management, and constantly improve the food safety system to ensure food safety.

27th in food production enterprises should be developed and implemented following the control requirements to ensure factory foods meet food safety standards:

(A) procurement of raw materials, raw materials acceptance, feeding material control;

(B) production processes, equipment, storage, packaging and other critical control point;

(C) the testing of raw materials, semi-finished products and finished products inspection, inspection control;

(D) transport, delivery control.

Food does not meet the requirements of the production process, the food production enterprises shall identify the cause and take corrective measures immediately. 28th food production enterprises in accordance with the food safety law, 36th, 37th and food provision for raw materials purchase check record factory inspection record shall also faithfully record food production safety management in the process.

Record retention periods of not less than 2 years. Article 29th enterprises engaged in food wholesale business selling food, should faithfully record the name of the wholesale food, specifications, quantity, batch number, shelf-life, purchase content such as user name and contact information, the date of sale, or keep sales receipts with relevant information.

Retained for periods of not less than 2 years of records, notes.

30th State encourages foodstuff producers and operators in the use of advanced technology, record food safety law and the Ordinances required to record matters.

31st catering service provider shall develop and implement the procurement of raw materials control requirements to ensure the purchase of raw materials to meet the food safety standards.

Catering service provider should check to be processed in the production process of food and raw materials, found to be abnormal spoilage or other sensory properties, and shall not be processed or used.

Article 32nd catering service enterprises shall regularly maintain food processing, storage, exhibition facilities, equipment cleaned on a regular basis, check insulation facilities and cold storage and freezing facilities.

Catering service providers shall in accordance with the requirements of tableware and kitchenware for cleaning, disinfection, and may not be used without cleaning and disinfection of tableware and kitchenware. Article 33rd in accordance with food safety laws article 53rd recalled food, food production should be harmless or destroy, prevent them from once again into the market.

On labels, marks or specifications do not meet food safety standards and recalls of foods, food producers to take remedial measures and ensures food safety cases can continue to sell sales should express remedies to consumers.

Above the county level administration of quality supervision, industrial and commercial administration management and food and drug supervision and management departments should be food producers to recall food that does not meet the food safety standards and food business operators to stop operation does not meet the food safety standards of foodstuffs in credited to food producers and food safety credit files.

Fifth chapter food inspection

34th the applicant in accordance with food safety laws 60th article provides food inspection agencies to undertake review work (hereinafter referred to as recheck institutions) for review, it shall explain the reasons. Directory of the recheck institutions shall be formulated by the certification and accreditation administration, health administration, agricultural Administration Department announced.

The recheck conclusion issued by the recheck institutions for final conclusions. The recheck institution by the recheck applicant to choose.

The recheck institution and initial inspection bodies must not be the same institution.

35th food production operator in accordance with the food safety law sample 60th article disagrees with the conclusions apply for retest, recheck conclusion that foods eligible, review the sampling inspection department's expense; review concluded that food does not pass the review fee shall be borne by the food producers and traders.

Sixth chapter of food import and export Article 36th imported food importer shall hold the contract, invoices, packing lists, bills of lading and other necessary documents and related approval documents, to the customs entry-exit inspection and quarantine inspection. Imported food inspection shall be subject to the entry-exit inspection and quarantine agencies.

Customs entry-exit inspection and quarantine institutions issue the clearance certificate is released.

37th 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 submit to the entry-exit inspection and quarantine authorities in accordance with the food safety law article 63rd license documents obtained, entry-exit inspection and quarantine agencies shall, in accordance with the requirements of the health Administrative Department under the State Council for examination.

38th state entry and exit inspection and Quarantine Bureau found in imported food food safety standards do not provide and substances that may harm human health, shall, in accordance with the food safety law, 12th article to inform the Administrative Department of health under the State Council. 39th to export food to the outbound food production enterprises in the country in accordance with the food safety law article 65th registered, the registration is valid for 4 years.

Registered outbound food production enterprises to provide false information, or due to causes related to outbound food production enterprises imported foods major food safety accidents, and State administration for entry-exit inspection and Quarantine Bureau shall revoke the registration, and shall be published. 40th food additives should have labels and instructions in Chinese. Labels and instructions shall conform to the food safety law and other relevant laws, administrative regulations and the requirements of food safety standards, containing the food additive of origin and within the agent's name, address, contact information.

Food additives do not have labels and instructions in Chinese or labels and instructions do not conform to the provisions of this article may not be imported.

41st entry-exit inspection and quarantine authorities in accordance with the food safety law 62nd article of imported food inspection, in accordance with the food safety law article 68th exercise supervision over exported food, sampling, and the specific measures formulated by the State administration for entry-exit inspection and Quarantine Bureau.

42nd national entry-exit inspection and quarantine departments should establish an information collection network, in accordance with the food safety law, provisions of article 69th, collect, compile, communicate the following information:

(A) the entry-exit inspection and quarantine authorities on food import and export inspection and quarantine of food security information;

(B) the imported food safety information reflected by industry associations, consumers;

(C) international organizations and foreign government agencies publish information on food safety, risk information, as well as outside organizations such as industry associations, consumer food safety information reflected;

(D) other food safety information.

Received communications department when necessary, take the appropriate measures.

Food safety supervision and management departments should be informed in a timely manner involving import and export food safety information to inform the State administration for entry-exit inspection and Quarantine Bureau.

The seventh chapter of food safety accident disposal

Article 43rd unit of food safety accident occurs on the lead or may lead to food safety accidents of food and raw materials, tools, equipment, etc, should take immediate control measures such as sealing, and since the time of the accident report to the Administrative Department of health under the County within 2 hours.

44th food safety accident investigation, should adhere to the principle of seeking truth from facts, respect science, timely and accurately identify the nature and causes of the accident, finds that responsibility for the accident, propose corrective action.

Departments involved in food safety accident investigation should be organized under the coordination of the Administrative Department of public health division of labor and cooperation, mutual coordination, improving the efficiency of the investigation and handling of accidents.

Food safety accident investigation approach formulated by the health Administrative Department under the State Council in conjunction with the relevant departments of the State Council.

Article 45th departments involved in food safety accident investigation has the right to the units and individuals understand the circumstances surrounding the accident and requested to provide relevant information and samples.

Relevant units and individuals shall cooperate with the investigation and handling of food safety accidents, as required to provide relevant information and samples may not refuse.

46th no unit or individual may obstruct or interfere with food safety incident investigations.

Supervision and administration of the eighth chapter 47th local people's Governments at or above the county level shall, in accordance with the food safety law, 76th annual regulatory plan for food safety developed under article should include food sampling inspection of contents.

Designed for specific populations such as infants, the elderly, the sick primary and secondary food shall strengthen sampling inspection. Agriculture administration, quality supervision, industry and Commerce above the county level administration and food and drug supervision and management departments should be in accordance with the food safety supervision and administration of the annual plan for sampling inspection.

Sampling and testing requirements for sample as well as by financial expenses.
48th County people's Governments should be organized, coordinated to the health administration and agriculture administration, quality supervision, industrial and commercial administration management and food and drug administration, shall conduct supervision within the administrative area of food producers and management of high risk food producers and food safety accident occurs, should focus on strengthening the supervision and management.

In State health administrative sector announced food security risk warning information, or received location province, and autonomous regions, and municipalities Government health administrative sector in accordance with this Ordinance tenth article provides informed of food security risk monitoring information Hou, set district of city level and County Government should immediately organization this level health administrative, and agricultural administrative, and quality supervision, and business administration, and food drug supervision management sector take has targeted of measures, prevent occurred food security accident.

49th the health Administrative Department under the State Council should be based on disease information and regulatory information, to find the Add or may be added to food and non-food chemical substances and other substances that may be harmful to human health directory and test method be made public; the State Council quality supervision, industrial and commercial administration and the State food and drug supervision and management departments should adopt appropriate regulatory measures. 50th article quality supervision, and business administration, and food drug supervision management sector in food security supervision management work in the can used State quality supervision, and business administration and national food drug supervision management sector finds of fast detection method on food for preliminary screen check; on preliminary screen check results showed that may not meet food security standard of food, should in accordance with food security method 60th article third paragraph of provides for test.

Preliminary screening results not as a basis for law enforcement.

51st food safety law 82nd article information provided the daily food safety supervision and administration, including:

(A) in accordance with the food safety law, the implementation of administrative licensing;

(B) be ordered to stop production and operation of food, food additives and food-related products list;

(C) investigate and deal with violations in food production undertakings;

(D) special inspection of renovation work;

(E) the provisions of laws and administrative regulations of other daily food safety supervision and administration information.

The information prescribed in the preceding paragraph involving more than two food safety supervision and management departments of, published jointly by the relevant departments.

52nd food safety supervision and management departments in accordance with the food safety law required information under section 82nd should also explain to such foods may harm, description.

53rd article health administrative, and agricultural administrative, and quality supervision, and business administration, and food drug supervision management, sector should announced this units of e-mail address or phone, accept Advisory, and complaints, and reported; on received of advisory, and complaints, and reported, should in accordance with food security method 80th article of provides for replies, and verified, and processing, and on advisory, and complaints, and reported and replies, and verified, and processing of situation be records, and save.

54th State Council of industry and information technology, business and other sectors according to the responsibilities of food industry development programs and policies, take measures to promote the optimization of the industrial structure, strengthen guidance to the food industry credit system, promote the healthy development of the food industry.

Nineth legal liability

55th food producers and production changes in operating conditions, usage not in accordance with this Ordinance, article 21st, by the competent authority shall order rectification and give a warning, causing serious consequences, 85th of the rules shall be punished in accordance with the food safety law.

56th catering service provider fails to comply with this Ordinance 31st article development, implementation of the raw materials purchase control requirements, in accordance with the food safety law provides for punishment of the 86th.

Catering services provider has not been checked in accordance with article 31st of this Ordinance specified in the second paragraph be processed food and raw materials, or found to be corrupt or other abnormal sensory traits is still processing, use, 85th of the rules shall be punished in accordance with the food safety law.

57th under any of the following circumstances, in accordance with the food safety provisions of law 87th penalty:

(A) where the food production enterprise fails to comply with the 26th article of the Bill to establish and implement food safety management systems;

(B) where the food production enterprise fails to comply with this regulation article 27th develop, implement production process control, or does not meet the requirements of the food production scenario did not take corrective action in accordance with the provisions;

(C) where the food production enterprise fails to comply with this regulation article 28th record food production safety management and preservation of records;

(D) undertaking engaged in wholesale food service enterprise fails to comply with article 29th of this Ordinance record and keep sales information or reserve sales receipts;

(E) the catering service enterprise fails to comply with the first paragraph of section 32nd regular maintenance, cleaning and calibration facilities, equipment;

(Vi) where the catering service providers were not provided for in the second paragraph of this section 32nd to tableware and kitchenware for cleaning, disinfection, or use without cleaning and disinfection of tableware and kitchenware.

Article 58th 40th article of food additives does not comply with the Ordinance, by the entry-exit inspection and quarantine authorities confiscate illegal food additives against imports of food additive value of less than 10,000 yuan, and more than 2000 Yuan and fined a maximum of 50,000 yuan; the value of more than 10,000 yuan, and a value more than twice times the amount fined a maximum of 5 times.

59th medical organizations fails to comply with the regulations under article eighth report information about disease, the public health Administrative Department shall be ordered to correct and given a warning.

60th food safety accident occurs the unit is not in accordance with this regulation article 43rd to take measures and report, in accordance with the food safety law provides for punishment of the 88th.

61st local people's Governments at or above the county level shall not comply with food safety supervision and administration of statutory responsibilities, 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.

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 food security supervision management statutory duties, and daily supervision check not in place 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.

The tenth chapter by-laws

62nd article of the Ordinance the meaning of the following terms:

Food safety risk assessment, biological foods, food additives, chemical and physical hazards to human health the scientific assessment of the potential adverse effects, including hazard identification, hazard characterization, exposure assessment and risk characterization.

Catering service through instant processing, commercial sales and service work, providing food to consumers and consumer sites and facilities of the service activity.

63rd edible farm product quality safety risk monitoring and risk assessment of agriculture administration departments at or above the county level shall, in accordance with the People's Republic of China agricultural products quality and safety law provisions.

Frontier port supervision and management of food by the entry-exit inspection and quarantine authorities in accordance with the food safety law and the provisions of this Ordinance and the relevant laws, administrative regulations implemented.

Food and Drug Administration claim to have specific health functions of food under strict supervision, the specific measures shall be formulated separately by the State Council. 64th these regulations come into force on the date of promulgation.

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