Food Recall Management

Original Language Title: 食品召回管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399256.shtml

  Chapter I General provisions article to enhance food production and operations management, reduce and avoid the hazards of unsafe food, protecting public health and safety, in accordance with the People's Republic of China food safety provisions of the Act and its implementing regulations and other laws and regulations, these measures are formulated.

Article in the People's Republic of China territory, cessation of unsafe food, recall and disposal, supervision and management of production and operation, application of this approach.

Unsafe food refers to food safety laws and regulations prohibiting the production of food and other evidence that may be harmful to human health and food.

Article the food producers and traders shall bear the responsibility for food safety obligations, establish a sound management system, food safety information collection, analysis, perform stop production, recall of unsafe food and dispose of the obligation.

Fourth the State food and Drug Administration is responsible for directing the national food security to stop production, recall and disposal of supervisory and administrative work.

Local food and drug supervision and administration at or above the county level responsible for the administration of unsafe food products to stop production, recall and disposal of supervisory and administrative work.

Fifth food and drug supervision and administration departments at or above the county level shall organize the establishment by medicine, toxicology, chemistry, food, legal and other relevant experts in the field of food safety experts, to stop unsafe food production, recall and provide professional support.

Sixth the State food and Drug Administration is responsible for the analysis of the national food security to stop production, recall and disposal information, according to the food safety risk factors, improving food safety, supervision and management measures.

Local food and drug supervision and administration at or above the county level shall be responsible for collecting, analyzing and handling the Administration stop unsafe food production, recall and disposal information, supervision of food producers and primary responsibility for implementation.

Seventh to encourage and support the food industry association and strengthen industry self-regulation, develop industry standards, guide and promote the food producers and traders shall perform the cessation of unsafe food production, recall and disposal obligation.

Encourage and support the public stop of unsafe food production management, recall and disposal activities to public supervision.

Eighth chapter to stop production and operation food producers found that the production of food is unsafe food, should immediately stop production and operation, take the form of notice or public announcement to inform food producers to stop production, consumers to stop eating, and to take the necessary measures for prevention and control of food safety risks.

Food producers and traders of failing to stop the production and operation of unsafe food, and food and drug supervision and administration departments at or above the county level may be ordered to stop production and operation of unsafe food.

Nineth concentrated market of food offered, food rental business counter, food fair organizers found that operators of food food is unsafe food, it shall promptly take effective measures to ensure that all operators stop operating unsafe food.

Article tenth found third-party trading platform provider network food network food operators of food is unsafe food, it shall take measures such as stopping online trading platform services, ensure that food business operators cease operation of unsafe food.

11th food producers and production and operation of unsafe food products are not sold to consumers, is still in the control of other producers, food producers and traders shall immediately recover the unsafe food, and take the necessary measures to eliminate the risk.

12th chapter recall food production through self test self report, public complaints, operator and regulatory agency told to their production and operation of food is unsafe food, should be a voluntary recall.

Food producers should voluntarily recall unsafe food without a voluntary recall, food and drug supervision and administration departments at or above the county level may order the recall.

13th based on how serious and urgent food safety risks, food recalls are divided into three levels: (a) level of recall: after eating has or may lead to serious damage to health or even death, food producers should be aware of food safety risks started within 24 hours of the recall, and to report to the local food and drug supervision and administration at or above the county level recall program.

(B) secondary recall: has or may lead to health damage after eating, food producers should be aware of food safety risks within 48 hours after starting a recall, and to report to the local food and drug supervision and administration at or above the county level recall program. (C) three levels of recall: labelling, marking false labeling of foods, food producers should be aware of food safety risks within 72 hours after starting a recall, and to report to the local food and drug supervision and administration at or above the county level recall program.

Label, identify flaws, does not cause health damage after eating food, food production should be corrected, you can voluntarily recalled.

14th in food production should be in accordance with the recall program to recall unsafe foods. Local food and drug supervision and administration at or above the county level after receiving food producers recall program and, if necessary, may appoint an expert to assess the recall program.

Assessment concluded that the recall should be modified, food production should be amended immediately, and in accordance with the amended recall recall.

15th article food recalled plans should including following content: (a) food producers of name, and residence, and statutory representative people, and specific head, and contact way, basic situation; (ii) food name, and trademark, and specifications, and production date, and batch, and number and recalled of regional range; (three) recalled reasons and the against consequences; (four) recalled grade, and process and the time; (five) recalled notification or announcement of content and the released way; (six) related food production operators of obligations and responsibility;

(G) recalls the disposal measures, the costs of food, (VIII) recall the desired effect.

16th article food recalled announcement should including following content: (a) food producers of name, and residence, and statutory representative people, and specific head, and contact phone, and electronic mailbox,; (ii) food name, and trademark, and specifications, and production date, and batch,; (three) recalled reasons, and grade, and start date, and regional range; (four) related food production operators of obligations and consumers return and the compensation of process. 17th unsafe food in the provinces, autonomous regions and municipalities directly under the sale, food recall notice shall be in the provincial food and Drug Administration website and posted on the provincial media.

Provincial food and Drug Administration recall notice issued by the Web site should be linked with the State food and Drug Administration Web site.

Unsafe food in two or more provinces, autonomous regions and municipalities in sales, food recall announcements in the State food and Drug Administration website and posted on the Central Government main media.

Article 18th level recall, food production should be completed within 10 working days from the date of announcement of recall.

Implementation of two-level recall, food production should be completed within 20 working days from the date of announcement of recall.

Three-tier recall, food production should be completed within 30 working days from the date of announcement of recall.

Complex, agreed by the local food and drug supervision and administration at or above the county level, food production may be appropriately extended the recall time and published.

Article 19th after operators of food producers to recall unsafe food should be taken immediately to stop purchasing, sales, and suspend unsafe food and posted in a conspicuous position in the business place measures such as recall notices issued by the producers, with the food producers recall work.

Article 20th food operators due to their own reasons as a result of unsafe foods should be based on the provisions of laws and regulations within the scope of their voluntary recall. Recall unsafe food food operators shall inform the supplier.

Supplier shall timely inform the producers.

Food business in a recall notice or should be noted due to its announcement of reason leads to food insecurity.

Article 21st because producers could not be determined, bankruptcy, unable to recall unsafe food, food business operators shall, within their scope of business is voluntarily recalling unsafe food.

22nd food trader recalls of unsafe food programs, reference to the relevant provisions of the food producers to recall unsafe food handling.

Fourth chapter disposal article 23rd food producers and traders shall, in accordance with the provisions of laws and regulations, due to cessation of production management, recall of unsafe food, out of the market recovery, decontamination, destruction, disposal measures.

Food producers and failing to dispose of unsafe foods, local food and drug supervision and administration at or above the county level can be ordered to legally dispose of unsafe food.

Added 24th article of illegal non-edible substances, spoilage, mortality of livestock and poultry of serious harm to human health and safety, such as unsafe food, the food producers and traders shall be destroyed immediately. Does not have the destroyed condition, can be dealt with by unsafe food producers and traders focused on the destruction of.

The food producers and traders focused on the destruction of the former should be reported to the local food and drug supervision and administration at or above the county level.

25th due to labels, logos do not meet food safety standards and recalls of foods, food producers can take remedial measures and to guarantee the food security situation, continue to sell, sales should express remedies to consumers.

Article 26th to harmless treatment of unsafe food, to realize resource recycling, food producers and can be handled in accordance with the relevant provisions of the State.

27th food producers and operators of unsafe food disposal cannot be determined, shall organize relevant experts to assess and dispose according to the assessment. 28th the food producers and traders shall faithfully record the cessation of production, recall and dispose of unsafe food names, trademarks, specifications, batch, production date, quantity, and so on.

Records retained for periods of not less than 2 years.

Supervision and administration of the fifth chapter 29th local food and drug supervision and administration at or above the county level shall discover unsafe food, it shall notify the relevant food producers to stop production or recall, to take appropriate measures to eliminate food safety risks.
30th local food and drug supervision and administration at or above the county level shall find that food producers and production and operation of the food may be unsafe food, survey, food producers and traders shall actively assist.

31st local food and drug supervision and administration at or above the county level shall be for food producers to stop production, recall and dispose of unsafe food for site supervision and examination.

Article 32nd food producers to stop production, recall and disposal there exists a big risk of unsafe food, you should stop production and management, recall and dispose of unsafe food products within 5 working days of the end to the local food and drug supervision and administration at or above the county level shall report in writing.

Article 33rd local food and drug supervision and administration at or above the county level may require food producers and regular or irregular reporting unsafe food products to stop production and management, recall and disposal.

34th local food and drug supervision and administration at or above the county level shall be submitted by the food producers and food security to stop production, recall and disposal reports were evaluated.

Evaluation concluded that food producers and the measures taken are not sufficient to control food safety risks, local food and drug supervision and administration at or above the county level shall order the food producers and traders to take more effective measures to stop production, recall and dispose of unsafe food.

35th for the prevention and control of food safety risks, local food and drug supervision and administration at or above the county level may issue warning information, requiring food producers to stop production and operation of unsafe food, prompting consumers to stop eating unsafe food.

36th local food and drug supervision and administration at or above the county level shall stop unsafe food production, recall and disposal of the particulars of the food producers and traders credit profile.

Sixth chapter legal liability article 37th food related to unsafe food production operator in violation of these regulations to stop production, recall and disposal provisions of the food safety provisions of laws and regulations, in accordance with the relevant provisions.

38th article food production operators violation this approach eighth article first paragraph, and 12th article first paragraph, and 13th article, and 14th article, and 20th article first paragraph, and 21st article, and 23rd article first paragraph, and 24th article first paragraph of provides, not immediately stop production business, and not active recalled, and not by provides time started recalled, and not according to recalled plans recalled not security food or not according to provides disposal not security food of, by food drug supervision management sector give warning, and at 10,000 yuan above 30,000 yuan following fine.

39th food trader in violation of the provisions of article 19th, mismatch between food producers to recall unsafe food, granted by the food and Drug Administration warning and a fine of between 5,000 yuan and 30,000 yuan.

40th food production operator in violation of this article 13th, 24th, 32nd, the provisions of article II, is not required to fulfil their relevant reporting obligations, by the food and Drug Administration ordered corrective action and give a warning; it refuses to, more than 2000 Yuan and fined a maximum of 20,000 yuan.

41st food production operator in violation of the provisions of the second paragraph of article 23rd, the food and drug supervision and management departments to order the food producers and traders shall dispose of unsafe food, food producers and refuses or delays the performance, given by the food and Drug Administration warned and fined a maximum of 20,000 yuan and 30,000 yuan.

42nd food producers violating the provisions of article 28th of this approach, is not on the required record-keeping does not stop producing safe food management, recall and disposal, by the food and Drug Administration ordered corrective action and give a warning; it refuses to, more than 2000 Yuan and fined a maximum of 20,000 yuan.

Article 43rd food producers to stop production, recall and dispose of unsafe food, does not exempt shall bear the legal responsibility.

Food production operator has taken to stop production, recall and disposal of food security measures to eliminate or mitigate harmful consequences, and shall be given a lighter or mitigated punishment against a minor and correct, causes no harmful consequences, no administrative penalties.

44th local food and drug supervision and administration at or above the county level shall not perform the duties as provided herein, adverse consequences, in accordance with the People's Republic of China relevant provisions of the food safety law, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions.

Seventh chapter supplementary articles article 45th this approach is suitable for food, food additives and health food products.

Food producers access to wholesale and retail markets or ceases to carry on production and processing enterprises of edible agricultural products, recall and disposal, in accordance with the measures implemented.

 

46th article of the rules take effect on September 1, 2015.