Administrative Measures On Food Safety Standards

Original Language Title: 食品安全国家标准管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334075.shtml

Administrative measures on food safety standards

    (Published October 20, 2010 Ministry of health, the 77th come into force on December 1, 2010) Chapter I General provisions

    First to standardize food-safety standards (repair) work, in accordance with the People's Republic of China Food Security Act and its implementing regulations, these measures are formulated.

    Article the development of food safety standards should be for the purpose of protecting public health, according to the food safety risk assessment, scientific, reasonable, open and transparent, safe and reliable.

    Article III Ministry of health is responsible for food safety standards system (repair) work. Ministry of Health Organization food safety standards Evaluation Committee (hereinafter referred to as the Review Committee), responsible for the review of the draft national standards for food safety, providing advice on food safety standards.

    Committee for the review of professional committees and the secretariat established.

    Fourth national food safety standards system (repair) work plans, projects, including planning, drafting, review, approve, distribute and modify and review, and so on.

    Fifth to encourage citizens, legal persons and other organizations involved in food safety standards system (repair) work, make suggestions and recommendations.

    Chapter II plans, programs and projects

    Sixth Department of health in conjunction with the agriculture administration, quality supervision, administration for industry and Commerce 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.

    Seventh national standards for food safety plan and recent developments in the implementation plan should be clear national standards for food safety objectives, implement programmes and protection measures.

    Eighth Ministry of health according to the food safety standards of planning and its implementation plan and food safety-food safety standards need to be developed (the) plan. Nineth departments concerned believe that this Department is responsible for the supervision of food safety standards need to be developed in the area shall, on an annual basis, food safety standards (complete) set plans, project proposals to the Ministry of health.

    Project proposals should include the important problem to be solved, project background and rationale, the existing food safety risk monitoring and assessment basis, candidate standard drafting unit, and to sort order of priority project proposals.

    Any citizens, legal persons and other organizations can raise food safety standards project proposal.

    Tenth recommendation project of national food safety standards should be consistent with the provisions of the food safety law of the 20th.

    11th Review Committee according to the food safety standards requirements, to study the food safety standards of project proposals, submitted to the Ministry of health to develop food safety standards (complete) provides planning advice.

    12th Ministry of Health announces food safety standards of planning, implementation plans and (repair) before planned, should be open to the public for comment.

    13th national food safety standards system (repair) in the process of implementation of the plans can be adjusted according to the actual need.

    According to the food safety risk assessment and found major problems in food safety supervision, can be added to emergency food safety standards (practice) projects.

    Chapter drafting

    Article 14th tender, commissioned by the Ministry of health and other forms, selected with the appropriate technical capacity of units drafting food safety standards.

    15th promoted by research institutions, educational institutions, academic institutions, industry associations and other units, standards drafting group drafting standards.

    16th bear standard drafting units should be signed with the competent Directorates of the Ministry of health food safety food safety standards (the) book project entrustment.

    Article 17th drafting national standards for food safety, should be based on food safety risk assessment and edible farm product quality safety risk assessment based on results, full account of China's economic development level and the actual needs of the community, taking into account relevant international standards and international food safety risk assessments. 18th standard drafting unit and head of drafting in the drafting process, should conduct in-depth studies and assurance standards drafting of scientific authenticity. Standard drafting is completed, shall make a written request for standard units, research institutes, industries and businesses, consumers, experts, regulators and other areas.

    Consulted should provide a description for drawing up standard.

    19th drafting units should be completed within the time frame stipulated in the agreement to entrust the drafting and consultation work, Secretariat of the Committee for the review and approval of material submitted in a timely manner (hereinafter referred to as the Secretariat).

    The fourth chapter reviews

    20th draft food safety standards in accordance with the following procedure:

    (A) a preliminary review of the Secretariat;

    (B) the Professional Review Committee meeting of the Review Committee;

    (C) the Director of the Committee for the Review Conference for its consideration.

    21st the Secretariat to conduct a preliminary review of draft national standards for food safety should include integrity, normative, and the entrustment agreement. 22nd standards adopted by the Secretariat to undertake a preliminary review, the Ministry of Health Web site for public comment.

    The period for public comment for two months.

    Article 23rd feedback will be collected by the Secretariat to the drafting, drafting unit shall study the feedback, and to improve the standards draft, to not accept the opinions shall state the reasons. 24th-Professional Committee is responsible for the scientific, practical review of the standards. Review standards, must have more than two-thirds (including two-thirds) members to attend. Review a consensus approach. Not the case consensus, should be fully discussed on the basis of a vote.

    Three-fourths per cent of participating members (including three-fourths) agreed upon, standard review.

    Professional Committee should prepare minutes of the meeting, recorded the discussion process, significant differences and deal with the situation. Failed the review standards, professional standard drafting Committee shall issue a written document, description of reason and not by proposed amendments.

    Standard drafting units modified again to trial.

    Review approved in principle but need to modify standard, modified by the secretariat based on review comments; professional sub-committees can be modified according to the specific situation of the standards again after triage or letter.

    25th-professional standard of review adopted by the Commission and signed by the Chairman of the Professional Committee review comments, submitted to the Director of the Committee for the Review Conference for its consideration.

    26th standards adopted by the Director of the Committee for the Review Conference to consider the draft articles shall be signed by the Chief technical architect of the CRIC deliberations.

    Consider standards are not adopted, the Review Committee shall issue a written opinion, stated not by reason.

    Consideration decided to revise the retrial after, shall, in accordance with amendments made by the Committee for the review of the Secretariat organizational standards drafting unit with modifications, approval again.

    After the 27th criterion considered by standard drafting unit shall, within the time provided by the Secretariat to submit for approval all the materials needed.

    28th Secretariat to submit materials for review, submitted to the Ministry of health, Center for health inspection.

    Article 29th Ministry of health, Center for health inspection in accordance with professional Committee to review comments and consideration by the Director of the Committee for the review of comments, to audit the content and format of standard materials for approval, audit comments and feedback to the Secretariat.

    Auditing standards by the Ministry of health adopted by the Monitoring Centre submitted to the Ministry of health.

    Article 30th in special cases, the Ministry of health food safety standards can be adjusted for public comment period on the draft, and directly by the Professional Committee meeting, Director of the Committee for the Review Conference to review.

    31st draft food safety standards in accordance with the provisions of the World Trade Organization (WTO) notification procedures.

    The fifth chapter approved and published

    32nd review standard, published as a Ministry.

    33rd national food safety standards within 20 working days from the date of release published on the website of the Ministry of health, for inspection by the public free. Article 34th Ministry of health is responsible for the interpretation of the national food safety standards.

    Explained to the Ministry of Health issued a document published in the form of food safety standards and food safety standards have the same effect.

    Chapter sixth revision and review

    35th National food safety standards following the publication of individual content when an adjustment should be made, through the Ministry of food safety standards change. Article 36th after the implementation of food safety standards, review committees should be reviewed in due course, propose recommendations remain valid, revised or repealed.

    On the need to amend the food safety standards should be incorporated into food safety standards revised project plan.

    37th Health Review Committee should be organized, the provincial health administrative departments and units to track the implementation of the standard evaluation.

    Any citizens, legal persons and other organizations can be given to standards in the implementation of observations and recommendations.

    The seventh chapter by-laws

    Article 38th national food safety standards (the) funds into financial budgetary arrangements set out and in accordance with the relevant financial and economic system and the administrative measures on special funds management.

    39th national food safety standards are issued by scientific and technological achievements, and as the basis of standard main drafters of professional accreditation.

    40th pesticide, veterinary drug residues in food standard (repair) work should be implemented according to relevant regulations of the Ministry of health, the Ministry of agriculture.

    Number of food safety standards should be based on the Ministry of health and national consultations and the relevant provisions.

    41st place food safety standard system (complete) provides for reference to these measures. 42nd these measures shall come into force on December 1, 2010.