Provisional Regulations On Food Production Safety Supervision And Administration

Original Language Title: 食品生产企业安全生产监督管理暂行规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398684.shtml

Provisional Regulations on food production safety supervision and administration

    (Released January 3, 2014 the State administration of work safety, the 66th since March 1, 2014) Chapter I General provisions

    First work for strengthening the safety of food production enterprises, prevention and reduction of production safety accidents and safeguard the life and property safety of employees, in accordance with the People's Republic of China work safety Act and other relevant laws, administrative regulations, this provision is enacted. Second, supervision and management of production safety in food production enterprises, these provisions shall apply.

Agricultural products from farming link access to wholesale, retail or prior to production and processing enterprises, supervision and management of production safety, these rules do not apply.

    Food production enterprises in these rules refers to agriculture, fisheries, animal husbandry, forestry, or chemical products, semi-finished products as raw materials, processing, production through industrialization, people eat or drink goods businesses.

III the State administration of work safety on work safety supervision and management of the national food production enterprise.

Local people's Governments at or above the county level work safety supervision and management departments and the departments concerned (hereinafter referred to as departments responsible for food production safety supervision) duties described under the people's Governments at the corresponding level, in accordance with the principle of jurisdictional supervision and hierarchical responsibility, within the administrative area of food production and the work of production safety supervision and administration of enterprises.

    Food production enterprise engineering building safety, fire safety and safety of special equipment, in accordance with the laws, administrative rules and regulations stipulated by the relevant local people's Governments at or above the county level departments responsible for special supervision and management.

Fourth food production enterprises are the main safety responsibilities, the main responsible person of the enterprise's overall responsibility for work safety, in charge of work safety Chief and other officials responsible for safety within their mandates.

    Group to which it belongs or holding food production enterprise of the supervisor responsible for work safety.

    Chapter II basic safety requirements

    Fifth food production enterprises should strictly follow the safety laws, administrative regulations and national standards, industry standards and regulations, and establish and improve the responsibility system for production safety, the safety regulations and safety rules.

Sixth the food production enterprises employing more than 300 people, you should set up safety management in institutions, with more than 3 full-time safety Manager, and at least 1 registered safety engineer.

    Food production enterprises other than those prescribed in the preceding paragraph, shall be equipped with certified safety engineer, full-time or part-time production safety management staff, or entrust the safety agency to provide security services.

Article seventh the food production enterprises shall support production management and full-time safety Manager in discharging their management responsibilities, and to ensure that the conditions necessary to carry out its work.

    Large-scale food production safety management organs of the appointment, which should include a copy of local people's Governments at the County food production enterprise safety production supervision departments.

    Article eighth the food production enterprises shall advance the standardization construction of safety, strengthen production safety based on safety management standardization, equipment standardization, standardization and job site behavior standardization, continuous improvement, and constantly improve the level of enterprise security. Nineth food production enterprises, renovation and expansion project (hereinafter referred to as project) safety devices, must be the main part of the project designed, built and put into production and use.

    Construction projects put into production and use, shall, within 5 working days of report location for food production safety supervision departments.

Article tenth of the food production enterprises shall delegate has the qualifications prescribed by the State of engineering design, construction and supervision, design, construction and supervision of construction.

    Engineering design, construction units and supervising units shall in accordance with the relevant laws and administrative regulations, national standards or industry standards for design, construction and supervision, and be responsible for the outcome of its work.

    11th food production enterprises shall, in accordance with the relevant provisions of laws and administrative rules and regulations, strengthen the engineering construction, fire safety, safety management of special equipment; need for approval and acceptance of the matter, it shall submit an application to the relevant authorities; without the approval of relevant departments according to law or qualified acceptance shall not be put into production and use. 12th the food production enterprises shall, in accordance with the established troubleshooting, interim provisions on the administration of production safety accident accident investigation system of governance, clear accident management measures, responsibilities, funding, timing and planning, to detect and eliminate potential accidents.

    Troubleshooting, governance should faithfully record the accident, to keep employees informed, and where the report is responsible for food production safety supervision departments. 13th food production enterprises of processing, production and other projects have more than one contractor or lessee, or the presence of space crossed, should the contractor or lessee for unified coordination and management of production safety.

    Contractor or lessee shall obey the unified management of food production enterprises, and take responsibility for job site safety. 14th new employment, seasonal food production enterprises shall return and adjustment on the job and leave for more than six months back to work in China, the corresponding safety education and training.

    Without a safety education and training qualified practitioners, not posts.

15th the food production enterprises shall regularly carry out hazard identification, and workplace may arise in the process of and the risk factors, preventive measures and accident emergency measures and inform the employees in writing, shall not conceal or deceive. When employees found that directly endanger the safety of an emergency has the right to stop work or take possible emergency measures to evacuate in workplaces.

    Food production enterprises shall not reduce its wages, benefits and termination of labor contracts.

    Chapter III security of operations management

16th in food production enterprises and workplaces shall comply with the following requirements:

(A) production facility, in accordance with the relevant provisions of the State are equipped with temperature, pressure, flow, liquid level and dust concentrations and combustible and toxic gas concentration process indicators, such as alarm devices;

(B) electrical equipment facilities and premises, protection and power distribution facilities installation of residual current operated protective devices or other devices against electric shock;

(C) involves high temperature facilities and equipment such as baking, frying and positions, using the necessary anti-overheating alarm cut off and insulation panels, walls and other protection facilities;

(D) involve starch combustible dust explosion hazard, such as premises, facilities and equipment, using inert, explosion, flame burst, venting and other measures to prevent dust explosions, safety measures and conditions in conformity with the safety regulations for dust explosion protection (GB15577), such as national or industrial standards requirements; (E) oil tanks (tank), filter, compressed air, gas station, pressure vessel, pressure piping, cables, tunnels (Gou) and other key fire and explosion site, take effective and reliable surveillance, monitoring, warning, fire and explosion, antivirus and other security measures.

Safety and interlocking devices should not be split up and dismissed, acoustic and optical alarm signals should not be cut off; (F) specification for design of refrigeration plant in line with the cold storage (GB50072), the cold storage safety regulations (GB28009) and other provisions of national or industrial standards, set gas concentration alarm device, and refrigeration motor interlocks, linked with the exhaust fan.

    In the packing room, split and other crowded places, by direct evaporation of ammonia refrigeration systems is strictly prohibited. 17th article food production enterprise involved production, and store and using dangerous chemicals of, should strictly according to dangerous chemicals Security Management Ordinance, legal, and administrative regulations, and national standards or industry standard of provides, according to dangerous chemicals of type and dangerous characteristics, in production, and store and using places set corresponding of monitoring, and monitoring, and ventilation, and anti-Sun, and thermostat, and fire, and fire, and explosion-proof, and relief pressure, and antivirus, and neutralization, and moisture, and anti-mine, and anti-electrostatic, and anti-corrosion, and anti-leak and protection surrounding di, security facilities equipment,

Regular maintenance and safety equipment to ensure its normal operation.

    Intermediates as hazardous chemicals in food production enterprises shall, in accordance with the relevant stipulations of dangerous chemicals production licenses. 18th the food production enterprises shall regularly organize on workplaces, warehouses, equipment and facilities used in China, certified, labor protective equipment are outfitted with checks and use, risk management, screening questions should be immediate corrective action; cannot be immediately corrected, should develop appropriate preventive measures and corrective action plan, rectification.

    Checks should be recorded and signed by the persons concerned. 19th the food production enterprises shall strengthen the management of fire control and security, in accordance with the relevant provisions of configuring and maintaining fire-fighting equipment in good working condition.

    Workplaces should be equipped with clearly marked, and meet the requirements of the emergency exits and evacuation routes, prohibited blocking, locking workplaces exits and evacuation routes.

20th the food production enterprises shall use special equipment safety technical specification requirements, and in accordance with the regulations of the State registration, regular inspections.

    Food production enterprises shall have risk factors relating to the sites and facilities, equipment is set on obvious security warning marks and warning specifications.

    Article 21st food production enterprise works at heights, lifting, near high-voltage transmission lines operation, welding gas welding, hot work, and working in confined spaces such as sinkholes, job approval system should be made, to arrange for specialized personnel are responsible for site safety management, implementation of site safety management measures.

    Supervision and administration of the fourth chapter
22nd the people's Governments above the county level shall be responsible for the production of food safety supervision departments and the administrative law enforcement personnel shall, within the scope of their duties to strengthen supervision and inspection of food safety violations of the relevant legal and administrative regulations, national standards or trade standards and violations of this provision, shall be given administrative punishment.

    23rd local people's Governments at or above the county level shall be responsible for the production of food safety supervision departments should be included in the annual food production enterprises law enforcement plan, clear check key enterprises, key issues, and standards imposed on major accident hazards found during the inspection tag handling. 24th article County above place Government is responsible for food production enterprise safety regulatory of sector received food production enterprise report of major accident hidden Hou, should according to need, for site verification, urged food production enterprise according to governance programme excluded accident hidden, prevent accident occurred; necessary Shi, can ordered food production enterprise temporarily discontinued closed or stop using; major accident hidden governance Hou, by County above place Government is responsible for food production enterprise safety regulatory of sector review agreed,

    Party may resume production and use.

    25th local people's Governments at or above the county level shall be responsible for the production of food safety supervision departments to food manufacturers when conducting supervision and inspection, found the existing engineering building, fire and special equipment, such as accidents or violations, should be transferred to the people's Governments at the corresponding level in a timely manner to relevant departments.

    The fifth chapter legal liability

26th the food production enterprises shall have one of the following acts, rectification, and may be fined not more than 20,000 Yuan:

(A) in violation of the provisions of the present article seventh, large-scale food production safety management organs of the appointment, not at the same time a copy of local responsible food production safety supervision Department;

(B) violation of the provisions of the present article Nineth, construction projects put into production and use, do not report within 5 business days is located is responsible for food production enterprise of safety production supervision departments;

    (C) violation of the provisions of the present article 12th, incident troubleshooting, management may not be accurately recorded, and to inform the workers.

    27th in food production enterprises do not have the laws, administrative regulations and the safety conditions stipulated by national or industrial standards, suspend production for rectification and still does not have the conditions for safe production, local people's Governments at or above the county level shall be responsible for the production of food safety supervision departments should be brought to the people's Governments at the corresponding level shall be closed.

    28th supervisors and inspectors in the supervision and inspection of food production enterprises, abuse of power, negligence, malpractice, and disciplined in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    Administrative penalties stipulated in article 29th of this by the local people's Governments at or above the county level are responsible for food production safety supervision departments, relevant laws, rules and regulations on administrative penalty types, magnitude and otherwise provided by the authorities, in accordance with its provisions.

    The sixth chapter supplementary articles 30th article of the regulations come into force on March 1, 2014.