Administrative Measures For The Food Inspection Agency Accreditation

Original Language Title: 食品检验机构资质认定管理办法

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/201102/20110200334090.shtml

Administrative measures for the Food Inspection Agency accreditation

    ~10 (August 5, 2010, State administration of quality supervision, inspection and quarantine announced the 131th as of November 1, 2010)

    Chapter I General provisions

    First to standardize the Food Inspection Agency accreditation work, strengthen supervision and management of food inspection institutions, enhance the technical and managerial levels of the Food Inspection Agency, in accordance with the People's Republic of China food safety law and the People's Republic of China certification and accreditation provisions of regulations and other relevant laws, administrative regulations, these measures are formulated.

    Second the Food Inspection Agency accreditation in these measures refers to the basic condition and capacity of the food inspection agency according to law, are in accordance with food safety laws and regulations as well as relevant standards or technical specifications required to implement assessment and accreditation activities.

    Article on the role of social issue has proved the data and results of food inspection agency accreditation activities shall abide by these measures.

    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) manage food inspection agency accreditation.

    National Commission on certification and accreditation Administration (hereinafter referred to as CNCA) responsibility for food inspection agency qualification, implementation, supervision and overall coordination.

    Provincial quality and technical supervision departments in accordance with the Division of duties, is responsible for areas within the Food Inspection Agency accreditation implementation and supervision and inspection work.

    Fifth food inspection agency accreditation work should be guided by objective and impartial, scientifically accurate, transparent, efficient and convenient principle and to avoid unnecessary duplication of recognition and accreditation.

    Sixth food inspection agencies and personnel engaged in food inspection activities, shall, in accordance with the relevant State laws and regulations and food safety standards and inspection instructions provisions respecting scientific, abide by professional ethics and guarantee issued to the public test data and results are objective, fair and accurate.

    Chapter II accreditation criteria and procedures

    Article seventh food inspection institutions shall, in accordance with the relevant provisions of the law after obtaining the qualification, may engage in food inspection activities.

    Failing to achieve qualification for the Food Inspection Agency shall not be issued to the public with proof of test data and results.

    Article eighth Food Inspection Agency shall meet the qualification requirements prescribed by the health Administrative Department under the State Council.

    Nineth Department of State related competent Department and approved the establishment of the Food Inspection Agency accreditation, the CNCA is responsible for implementing; apart from the bodies mentioned above, the Food Inspection Agency accreditation by the provincial quality supervision Department is responsible for the implementation.

    Tenth food inspection agency accreditation program:

    (A) the application for qualification of food inspection agencies (hereinafter applicant) shall be submitted to CNCA or provincial quality supervision Department (hereinafter referred to as accreditation Department) written application, and submitted in accordance with the provisions of article eighth correlation proof material, application materials should be real and effective;

    (B) the qualification Department application materials submitted by the applicant should be written, and from the date of receipt of the material within the 5th accept or not to accept a written decision application materials are incomplete or not in compliance with the statutory form, shall at once inform all applicants need to supplement content;

    (C) qualification Department shall within 6 months from the date of acceptance of the application, on the completion of the technical evaluation of the applicant assessment within a period of time do not calculate the approval; (D) qualification Department shall from the date of conclusion of the technical review in the 20th, and review the results of the technical review and make a decision on whether to approve it.

    Approved, certificate of qualification issued to the applicant and permit its use of accreditation logo; approved, shall inform the applicant in writing and state the reasons.

    11th the CNCA and provincial quality supervision Department should regularly publish the list of food inspection agency shall obtain the qualification and testing scope, technological capabilities and other information, and provide access to the public channel.

    12th food inspection agency accreditation certificate is valid for 3 years.

    Food Inspection Agency necessary to continue legally obtained qualification period shall be 6 months before the expiry date of the certificate of qualification, to apply to the accreditation Department for review of the replacement.

    13th style, food inspection agency accreditation certificate number and qualification patterns developed centrally by the CNCA.

    Food Inspection Agency shall be issued in its foreign food inspection reports or other promotional materials in the proper use of accreditation logo and certificate to verify their qualifications.

    14th under any of the following circumstances, food inspection agency shall apply to the accreditation Department go through relevant procedures:

    (A) the food inspection institutions change qualifications set of test items, test method;

    (B) the food inspection agency name, address, legal representative, authorized signatory, and technical managers to change;

    (C) other significant matters changes in food inspection institutions.

    Food Inspection Agency for additional qualification testing and qualification sector should be made reference to the provisions of the present article tenth.

    15th because of major food safety accidents or other food safety emergencies, needs a temporary increase in food inspection for inspection projects and qualification Department shall activate contingency plans in a timely manner, and to the public the qualification requirements of food inspection institutions.

    Chapter III technical review

    16th CNCA in accordance with relevant laws and regulations, conditions of qualification of the health Administrative Department under the State Council and the provisions of the relevant national standards, development of food inspection agency accreditation guidelines. 17th qualification Department shall review the requirements of the guidelines, form a technical assessment group, basic conditions, the applicant management system compliance and inspection capacities, qualifications for technical review.

    Technical review group shall be made up of 2 or more reviewers and, if necessary, may engage technical experts to participate in the review.

    18th technical review officer should have food inspection, research or management experience and assessment of ability to adapt, and qualified through qualification Department assessment.

    The 19th technical review group to review the testing capacity of the applicant, should be reviewed to confirm that the applicant has the relevant proficiency testing, measurement, and test the audit evidence need for on-site tests, shall review the requirements of the guidelines for examination.

    20th technical review group shall, in accordance with the criteria prescribed time limit organization review, review found that there is nonconformity, technical review panel shall notify the applicant's rectification, fails to still do not meet the requirements after rectification or modification, determination for reviewing nonconformities.

    Technical evaluation group upon completion of the review, it shall submit a review comments and prepare assessment reports, submitted to the accreditation Department in a timely manner.

    21st technical review group review found that there were significant problems of the applicant shall be promptly reported to the accreditation Department.

    Head of the technical assessment group should be responsible to review activities and review conclusions, judges should be responsible for its evaluation.

    22nd qualification Department food inspection agency accreditation should be technology assessment group supervision and inspection as well as reviewers assessment activities, and professional skills training in organizational review, improve the ability of reviewers review and level.

    23rd reviewer has any of the following circumstances, qualification sector should be based on the seriousness of its decision to suspend or stop doing reviews:

    (A) fails to comply with the Food Inspection Agency accreditation the review of the implementation of the guidelines;

    (B) the same applicant are implemented review and provide advice;

    (C) and the applicant has an interest in or its review may affect impartiality, not avoided;

    (D) disclosed confidential the State secrets, business secrets and know-how;

    (E) accept party cash gifts, securities and to gain other improper interests;

    (Vi) provide false or untrue conclusions of the review;

    (VII) other acts in violation of the relevant provisions of the State.

    Supervision and administration of the fourth chapter

    24th AQSIQ unified supervision and management of Food Inspection Agency inspection activities.

    CNCA is responsible for organizing the obtained qualification of food inspection institutions conducting supervision and inspection, found that food inspection agency violations of should be investigated and prosecuted, involving relevant departments of the State Council to inform the relevant departments have to handle.

    25th CNCA shall be the provincial quality watchdog's food inspection agency accreditation to supervise and guide. Provincial quality supervision departments should organize regional (City), quality supervision departments at the county level for areas within the food inspection institutions conducting supervision and inspection or special supervision and inspection, (City), quality supervision departments at the county level shall, within the areas of day-to-day supervision of the Food Inspection Agency found violations, to investigate in a timely manner.

    Provincial quality supervision departments in the area should be the result of violations reported to the State administration of quality supervision, and the CNCA.

    Organizations directly under the entry-exit inspection and Quarantine Bureau to their day-to-day supervision and management of the Food Inspection Agency found irregularities, timely rectification process and timely reporting on important matters.

    26th the AQSIQ, CNCA, provincial quality supervision departments should organize the Food Inspection Agency proficiency testing and interlaboratory to ensure food inspection agency continue to break Taiwan's quality is recognized, and encouraged food inspection agencies in the relevant departments under the State Council, as well as international organizations, conformity assessment bodies and other institutions to carry out proficiency testing and interlaboratory, continue to increase the level and ability.

    27th food inspection agency should be independent of the stakeholders involved in food inspection activities, not under the influence of any factors which may interfere with their technical judgment and to ensure that test data and results from the effect of other organizations or persons.

    Food Inspection Agency shall not recommended to consumers in advertising or other forms of food.

    28th Food Inspection Agency shall designate test independent food inspection, and inspection and testing business clients interested persons should be avoided.

    Food inspection shall not be its food inspection and testing activities involve business client relations of interests and shall not participate in any activities that affect their independence of judgment and integrity in.

    Food inspection shall meet and food inspection and testing capacity and level of activities adapted to and in line with State regulations on food inspection personnel qualification requirements.

    29th food inspection food inspection bodies and inspection system. Food Inspection Agency shall, in accordance with the relevant laws and regulations, inspection requirements and food inspection reports issued by the Commission inspection of the contract. Food inspection reports should be stamped with the seal of the Food Inspection Agency, and Inspector (authorized signatory) signature or seal.

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

    30th Food Inspection Agency any of the following circumstances, qualification Department shall handle the qualification certificate cancellation procedures:

    (A) the expiry date of the certificate of qualification, not to seek an extension;

    (B) the qualification certificate expiry review does not meet the extended approval decisions;

    (C) the Food Inspection Agency terminated according to law;

    (D) other circumstances as stipulated by laws and regulations shall be revoked.

    31st the Food Inspection Agency complaints and complaint mechanisms should be established, and enterprises engaged in food production, food industry association and other organizations or consumers of entrusted inspection conclusions controversial.

    Any units or individuals in the Food Inspection Agency inspection activities illegal acts, to reported to the accreditation Department, qualification Department shall timely investigate and deal with, and the informer confidential.

    Chapter fifth penalty

    32nd applicant apply for the Food Inspection Agency accreditation or review the replacement, withholding relevant information or provide false information to apply for the Food Inspection Agency accreditation, qualification Department not to accept or not to approve and give warning applicants may not apply again in 1 year food inspection agency accreditation.

    33rd applicant by fraud, bribery or other improper means to acquire food inspection agency certificates of qualification, qualification Department shall revoke accreditation certificates the applicant allowed to re-apply in 3 years food inspection agency accreditation.

    Article 34th failing to achieve qualification for the Food Inspection Agency authorization issued to the public with proof of test data and results, quality and technology supervision departments above the county level shall instruct their correction, fine of 30,000 yuan, and to the public.

    35th Food Inspection Agency any of the following circumstances, quality and technology supervision departments above the county level shall instruct their correction, fines of between 30,000 yuan in serious cases, to order the rectification, suspension of qualification certificate for 6-12 months, during the suspension of the certificate shall not be issued by the foreign food inspection reports:

    (A) does not continue to meet the qualification criteria continues to engage in food inspection activities;

    (B) the violation of these rules, without increased testing, or beyond the scope of qualifications approved for food inspection activities and foreign food inspection reports issued;

    (C) accept the impact test the fairness of financing or affect the behavior of test fairness;

    (D) fails to comply with food safety standards and food inspection inspection instructions provisions, adverse consequences;

    (E) use of administrative agencies to task, for other violations.

    Article 36th Food Inspection Agency any of the following circumstances, qualification Department shall revoke its accreditation certificate:

    (A) issues a false food inspection reports or false food inspection reports issued by causing serious consequences;

    (B) employment of relevant State laws and administrative rules and regulations prohibit food inspection staff;

    (C) qualification during the suspension of the certificate issued by the foreign food inspection reports;

    (D) overdue corrective or corrective actions still do not meet the qualification requirements;

    (E) revocation of qualification according to law in other circumstances.

    37th food inspectors issued a false report, the relevant competent authorities shall make its removal or expulsion decisions; subject to criminal punishment or be expelled of the food inspection agency personnel, completion of penalty or within 10 years from the date of the decision shall not be engaged in food inspection.

    Article 38th food inspection agencies in advertising or other recommended to consumers in the form of food, in accordance with the People's Republic of China food safety 94th provisions of the second paragraph of the Act will be punished.

    39th in the Food Inspection Agency accreditation, supervision and administration of personnel who abuse their powers, neglect their duties or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    40th for the food inspection agency other offences, shall be punished in accordance with relevant laws and regulations.

    The sixth chapter supplementary articles

    41st of agricultural products quality and safety testing organization of quality management, in accordance with the People's Republic of China relevant provisions of the law on quality safety of agricultural products.

    42nd article of the approach by the AQSIQ to interpret. 43rd these measures shall come into force on November 1, 2010.