Implementing Rules For The Supervision And Administration Of Quality And Safety Of Food Production And Processing Enterprises (For Trial Implementation)

Original Language Title: 食品生产加工企业质量安全监督管理实施细则(试行)

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(September 1, 2005 the State General Administration of quality supervision, inspection and quarantine promulgated as of September 1, 2005, 79th) Chapter I General provisions article to strengthen the supervision and administration of quality and safety of food production and processing enterprises, improve food quality and safety, protecting people's health and safety, in accordance with the People's Republic of China product quality law, the People's Republic of China regulations on the administration of production license for industrial products, and the decision of the State Council on further strengthening food safety
    State administration of quality supervision, inspection and quarantine and State Council (hereinafter referred to as AQSIQ) functions and other relevant provisions, these rules are formulated. Article in the People's Republic of China territory to sale for the purpose of food production and processing operations must comply with these rules.
    Food import and export management in accordance with laws, administrative regulations and the relevant provisions of the State.
    Food referred to in these rules are defined in article processing, production and sale of food for human consumption or consumption of products.
    Food production and processing enterprises referred to in these rules refers to a fixed plant (place), processing equipment and facilities, according to a certain process, processing, production, packaging unit for sales of food and individual (including individual businesses).
    Fourth food must comply with the national laws and administrative regulations and national standards, industry standards of quality and safety requirements, and meet the requirements of protection of health, safety, there is no unreasonable risk of risks to health and safety, poisonous and harmful substances shall not exceed the limits.
    Food quality and safety indicators include standard physical and chemical indicators, sensory, health indicators, and labels. Fifth article country implementation of food quality and safety market access system.
    Enterprises engaged in food production and processing, must have the necessary production conditions of guarantee food quality and safety (hereinafter "Prerequisites"), according to the prescribed procedure for industry products production license (hereinafter referred to as food production licenses), the production and processing of food products must be qualified and print (paste) food quality and safety market access once the flag, factory sales. States that have already adopted food production license, the enterprise did not make food production licenses, not production.
    Without inspection, not print (paste) food food quality and safety market access flags, no factory for sale. Article sixth AQSIQ is responsible for the Organization for the harmonization of food quality and safety supervision and administration of production and processing enterprises.
    Local quality and technical supervision departments in accordance with unified plans and requirements of the AQSIQ, is responsible for the organization within their respective mandates to implement supervision and administration of quality and safety of food production and processing enterprises.
    Article seventh quality safety supervision and management in food production and processing enterprises, should follow the science fair, open and transparent, the procedure is legal, accessible and efficient principles.
    Enterprises engaged in food production and processing quality and safety supervision and management work of institutions and personnel administration according to law, should be strictly controlled, warm service, honesty and self-discipline.
    Quality and technology supervision departments above the county level and quality safety supervision and management of enterprises engaged in food production and processing personnel, inspection bodies and inspection personnel are aware of State secrets and commercial secrets confidential. Eighth article any unit and individual have the right to the acts in violation of these rules and to report to the quality and technical supervision departments at all levels.
    Departments should promptly investigate and deal with accepting the report and confidentiality for whistle-blowers, the report gives awards to workers in accordance with the relevant provisions.
    Chapter II requirements Nineth food production and processing enterprises in food production and processing enterprises shall comply with the laws and regulations and industrial policies of the State enterprises to set up conditions.
    Tenth in food production and processing enterprises must possess and continuing to meet to ensure product quality and safety, environmental conditions and health requirements. 11th food production and processing enterprises must be able to ensure product quality and safety of production equipment, processing equipment and related auxiliary equipment, fitting in with the product quality and safety raw material handling, processing, packaging, storage and inspection factory buildings or places.
    Places of production and processing of food products require special equipment and shall comply with the conditions prescribed by the relevant laws and regulations and technical specifications. 12th in food production and processing enterprises used in food production and processing of raw materials, food additives (including food processing AIDS, the same below) shall comply with the relevant provisions of the State. Expiration shall not violate the provisions of the expired, unsanitary, filthy, metamorphic, recycling, contaminated by other food raw materials or non-edible raw materials, production and processing of food.
    Use of raw and auxiliary materials belong to the administration of production license, you must purchase certified enterprise products.
    13th in food production and processing enterprises must adopt scientific, reasonable food processing, production and processing procedures should be strict, standard and prevent biological, chemical and physical contamination, prevent processed food with direct entrance food, raw materials and semi-finished and finished products cross-contamination, food may not be exposure to toxic or hazardous materials or other dirty items. 14th in food production and processing enterprises must, in accordance with a valid product standard production.
    According to corporate standards of production and implementation of food quality and safety market access management of food, its enterprise standard must comply with the laws and regulations and the relevant national standards, industry standards, not lower food quality and security standards. 15th in food production and processing enterprises must be compatible with the food production and processing of professional and technical personnel, skilled workers, quality management and inspection personnel. Personnel engaged in food production and processing must be in good health, free from infectious diseases and other diseases affecting the quality and safety of food, and have health certificates; inspection personnel must possess the relevant product testing capability, achieve food quality inspection qualification.
    Food production and processing enterprises shall have the appropriate knowledge of food quality and safety, heads and key management staff should also understand and knowledge of laws and regulations related to food quality and safety. 16th in food production and processing enterprises should have a commensurate with the products quality and safety inspection and measuring means, inspection and test instruments must be approved by the measurement standards or calibrated to meet the application requirements and can be used within the validity period.
    Enterprises should have product inspection capabilities, and provides for inspection.
    17th in food production and processing enterprises should establish a sound quality management system, to standardize the management of the whole process of production, from raw material procurement, production process control and inspection, inspection of products to service the whole process of quality management.
    State encourages the food production and processing enterprises in accordance with international quality management standards and technical specifications to obtain quality system certification management system certification or hazard analysis and critical control points (hereinafter referred to as HACCP certification), improving the quality of enterprise management level. 18th factory sales of food should be prepackaged or use other forms of packaging.
    For the packaging material must be clean, safe, and must conform to the requirements of the relevant national laws, regulations and standards. Factory sales of food should have a label.
    Food labels should be consistent with the requirements of relevant national laws, regulations and standards.
    19th food storage, transportation and handling of containers, packaging, utensils and equipment, detergents and disinfectants have to be safe, keep it clean, no pollution to food, can meet the need of ensuring food quality and safety. 20th article food production processing enterprise in production processing process in the is strictly prohibited following behavior: (a) violation national standards provides using or abuse food additives; (ii) using non-edible of raw materials production food; joined non-food with chemical material or will non-food as food; (three) to without test quarantine or test quarantine not qualified of meat production food; to fatality, and poison or death unknown of poultry, and livestock, and beast, and aquatic animal, production food; production contains pathogenic sex parasites, and microbial,
    Or microbial toxin content exceed the State limit of standard food (iv) adulterate food, impurities, shoddy, substandard food to imitate in food processing (v) forge the origin of a food, forgery or fraudulent use of others ' name and address, forgery or fraudulent use of quality marks; (vi) the production and use of country has been officially eliminated foods and related products.
    Chapter III food production license article 21st AQSIQ is responsible for the unified management of the national food production license; responsible for high risk food production licenses identified by provinces, autonomous regions and municipalities (hereinafter provincial) certificate of quality and technology supervision departments are responsible for reviewing products and specific measures and provincial food production supervision and guidance.
    Provincial quality and technical supervision Department under AQSIQ unified arrangement, shall organize the area part of food production, and responsible for the review of certification of work.
    () The levels of quality and technical supervision Department under AQSIQ or provincial quality and technical supervision departments to entrust the Organization of the district food production license accepted, corporate prerequisites verification and product quality inspection and service of food production license certificate.
    Quality and technology supervision departments at all levels in accordance with the principles of line, levels are responsible for, respectively, take food production responsibility. 22nd State quality inspection administration according to the conditions laid down in chapter II of the present rules, in accordance with the different characteristics of various types of food and related standards, to develop and publish food production license review general principles and rules for the various types of food production license review, provide for specific requirements for food production licenses.
    Review rules in accordance with the prescribed procedures in batches of food production licenses issued and implemented.
    23rd food producing and processing enterprises in accordance with the principle of territorial jurisdiction, within the prescribed time the seat of the provincial or city (ground) level of quality and technical supervision departments to process food production license application.
    After obtaining the business license of food production and processing enterprises, should apply separately for food production licenses, its scope should request evidence products. Article 24th food production food production and processing enterprises to apply for licenses should be required to provide the appropriate materials. In addition to limiting conditions stipulated by laws and administrative regulations, no unit may not otherwise be additional conditions, restrictions on corporate food production license, shall not require the applicant to submit any applications not related to technical information and other materials.

    25th provincial, municipal (ground) level quality and technology supervision departments receive enterprise applications, shall complete the review of application materials within the 5th. Application materials comply with the requirements of the enterprise, issued written decision of administrative licensing applications.
    Enterprise applications do not meet the requirements of the receiving Department shall issue administrative license application material correction notice, at once inform all applicants need to supplement content and inform enterprises within the 20th and correction; if the correction is not made, deemed withdrawal of the application.
    If it is a matter of not food production license is required by law, or does not belong to this sector the complaint, shall immediately inform the applicant will not be accepted, to the inadmissibility decisions of administrative license, or inform the applicant to apply to the relevant administrative body.
    26th accepting corporate food production license to the application date, AQSIQ or provincial quality and technical supervision departments should be made within 60 days to grant approval or disapproval decision.
    Time required for product testing (including sample delivery, Inspection Agency inspection and objection handling time) are not included in the provisions of the preceding paragraph within the period. 27th written decision of administrative license applications issued, provincial or city (ground) level verification team of quality and technical supervision departments should, in accordance with the General principles of food production license review and review rules, 20th complete prerequisites and inspection capacity in the field of verification. On-site verification time should not normally exceed 2nd. Local quality and technical supervision departments should send observers to monitor the verification of the quality of work.
    The verification team leader accountability system into practice.
    On-site verification of qualified enterprises, food production license review by the inspection team in accordance with General rules and review requirements in the field of extraction and storage of samples and informed the companies qualified for the product certification and inspection the inspection agencies of the task lists and contact information, selected by the independent.
    Inspectors examining the field of enterprise, shall not make things difficult for enterprises, may not ask for or accept property of the Enterprise shall not seek other improper benefits. 28th Enterprise shall send the samples to test in the 7th after the sample bodies.
    Inspection after receipt of samples shall be tested in accordance with the standards and requirements, completed in the 15th test (test items with special requirements). Article 29th disagrees with the results of the inspection, from the date of receiving the inspection results in the 15th, to test the quality and technology supervision departments or apply for review on its level of quality and technical supervision departments. Acceptance of the application of quality and technical supervision departments should make the admissibility of written replies to the retest in the 5th.
    In addition to national standards do not allow review of objective circumstances, to meet the review criteria, shall organize a review. Review the verification team sealed samples should be adopted, in accordance with the original inspection programmes inspection and judging.
    Undertake review of inspection bodies by accepting an application for review of quality and technical supervision departments identified in the qualified inspection agencies.
    30th City (ground) level of quality and technical supervision departments to accept review shall be effective as of the date of acceptance in the 30th, enterprise application, on-site verification and inspection material submitted to the provincial quality and technical supervision Department.
    By the provincial quality and technical supervision Department is responsible for the approval of the provincial quality and technical supervision departments unified summary audit materials, according to the relevant regulations and decisions whether or not to grant permission. The AQSIQ is responsible for examination and approval, provincial quality and technical supervision departments should be within 40 days from the date of acceptance of enterprise applications enterprise application materials, on-site verification and inspection material reported that the State General Administration of quality supervision.
    General Administration of quality supervision in accordance with the relevant provisions of the State makes the decision whether or not to grant permission.
    AQSIQ, the quality and technology supervision departments at the provincial level before making a decision, or provincial quality and technical supervision departments reported to the enterprises before the material, shall, within the time limit provided for in rule 26th organization permission checks.
    Article 31st of on-site verification and inspection of enterprises, the AQSIQ or provincial quality and technical supervision departments should be granted production licensing decisions, and since the date of the decision in the 10th, to corporate food production licenses issued and copies.
    Product verification or inspection qualified enterprise on the spot, the AQSIQ or provincial quality and technical supervision departments should make no licensing decisions, and since the date of the decision in the 10th, issued no written decision on the administrative license to enterprise.
    Article 32nd AQSIQ or provincial quality and technical supervision departments, within the mandate of the food production licenses of the enterprises made announcements and food production permit issuing timely notification of health, industry and commerce, and other relevant departments. Article 33rd export food production and processing of food production and processing enterprises in People's Republic of China territory, shall, in accordance with the provisions of this rule, apply for food production licenses.
    Has been the national accreditation and entry-exit inspection and quarantine authority export food health certificate, registration certificate of the enterprise, when you apply for food production licenses may be exempted from verification of the enterprise conditions.
    Have passed the HACCP certification and other countries implementing a food certification business, applying for food production licenses, in accordance with the principle of no repeat may be exempted from or streamline necessary conditions of verification. 34th food production permits will be valid for 3 years. Expires, the companies continue to produce should be in food production licenses before the expiration of 6 months, apply to the accepted food production license renewal application to the quality and technical supervision Department.
    Quality and technology supervision departments should be reviewed according to the procedures set out for the enterprise and issue a certificate.
    35th during the period of food production licenses, change of product-related standards, requirements, provincial or city (ground) level of quality and technical supervision departments should be organized according to AQSIQ uniform requirements necessary on-site verification and inspection. Enterprise production conditions, testing tools, technologies or process changes, an enterprise should apply in the 20th after the change.
    Provincial or municipal (ground) level of quality and technology supervision departments shall, in accordance with the food production license review General review and on-site verification and inspection rules of the new organization. Article 36th AQSIQ, the provincial and city (ground) level of quality and technical supervision departments to establish food production license management system, will be informed about food production licenses, certification of materials filed in time.
    The preservation of archival materials for up to 4 years.
    Fourth chapter 37th of food quality and safety testing in food production and processing enterprises for the production and processing of food raw materials, food additives, packaging materials and containers must implement incoming inspection system does not meet the requirements of quality and safety, shall not be used for food production and processing.
    Article 38th food factory must be tested, untested or not qualified, not ex-factory sales. With factory test ability of enterprises, can be manufactured according to requirements to the test. Do not have product inspection capabilities of enterprises, they must appoint a qualified inspection agencies to conduct factory inspection.
    Implementation of food quality and safety market access system management for food, according to review the provisions of that rule.
    Implement a test on their own enterprise, quality and technical supervision departments should annually to send samples to designated inspection agency conducted a comparison test. 39th for food production and processing enterprises of products a compulsory inspection system.
    Mandatory inspection of quality and technology supervision departments are responsible for determining frequency, and their implementation.
    Has passed the HACCP certification, quality and stability of large enterprises, national and provincial inspection qualified enterprise should reduce the frequency of mandatory inspection.
    Has not been included in food production license management and in the production process does not control, does not have standards and means of inspection capabilities of enterprises, mandatory inspection frequency should be increased.
    40th article of the rules of the inspection of food quality and safety inspection agency, must be set up according to law or statutory inspection agencies authorized by law, in accordance with State regulations approved by metrological certification, review or by laboratory accreditation, and by the provincial quality and technical supervision departments at or above the specified.
    Quality and technology supervision departments at all levels shall, in accordance with the People's Republic of China industrial products production permit and other relevant provisions of management measures for the implementation of the Ordinance, to bear these rules manage food inspection inspection bodies. 41st article of food inspection inspection authority shall, in accordance with national standards and technical regulations and other requirements related to the implementation of product testing.
    Inspection should be objective, impartial and timely survey report, and responsible for the inspection report.
    42nd inspection organizations and inspectors to conduct product testing, should follow the principle of good faith and the principles of enterprise, to provide reliable and convenient testing service, without delay, shall not make things difficult for enterprises.
    Inspection organizations and inspectors shall not engage in include list of product-related production and sales activities, shall not be featured in its own name or supervise, supervision of inspection of pin included in the list of products. The fifth chapter of food quality and safety market access mark 43rd with food production license certificate in food production license certificate includes an original and a copy. Certificate shall set forth the name and address, address, product name, certificate number, date of issue, period of validity and other related content.
    Food production license copy for record accept supervision and inspection of the quality and technology supervision departments. Food production license certificate type (see annex 1) stipulated by the State administration of quality supervision.
    Food production permit certificates printed by the State administration of quality supervision, and food production Licensing Department seal. 44th business name changes, shall in the 20th after the name change to the original accept permit applications in food production food production license to the quality and technical supervision Department was renamed the application.
    Of quality and technical supervision departments should be accepted from the date of acceptance of the completed 10th change review report and materials, 10th kernel by the original Licensing Department. 45th enterprises shall keep food production license certificate, caused by destruction or force majeure production license certificate is lost or illegible, should be above the provincial newspaper published a statement in a timely manner, while the provincial quality and technical supervision departments. Additional applications by businesses, quality and technical supervision departments should promptly accepted by the provincial quality and technical supervision Department according to the provisions of a replacement certificate procedures.

    46th food quality and safety market access logo food production license logo, belonging to the quality mark, with "quality and safety" Quality Safety of English abbreviations "QS" says its model formulated by the State administration of quality supervision (see in annex 2, hereinafter referred to as QS flags). 47th implementation of food quality and safety market access system of food, the factory must be printed on its packaging or labeling (posted) QS flags.
    No QS flags, no factory for sale.
    48th enterprises use QS flags that corporate commitment to its product has been tested and qualified, and meet basic requirements for food quality and safety.
    Print (paste) food QS flags, during the quality guarantee period, non-consumer use or improper quality and safety issues, by the producer or seller in accordance with their respective obligations, shall bear legal responsibility. 49th company when you use QS flags, you can zoom in or out as required by the model, but not deformation and discoloration.
    QS logo printed freely by the food production and processing enterprises (post).
    50th food production license number alphanumeric QS and composed of 12 digits.
    51st made food production license of the enterprise should be in the product packaging or printed on the label (paste) food production license number. 52nd no unit and individual shall forge, alter, or using food production license certification, QS and food production permit number.
    Achieve corporate food production licenses shall not be leased, lent or in any other form of transfer of food production license certification, QS and food production permit number.
    53rd State quality inspection administration and provincial quality and technical supervision departments should be based on food production licenses businesses, revoked according to law in a timely manner, decisions of withdrawal and cancellation of food production, and the cancellation of food production licenses to society announcements.
    54th sixth chapter of food quality and safety supervision in food production and processing enterprises should continue to have the prerequisites for ensuring food quality and safety, to ensure sustainable and stable production of food.
    Food production and processing enterprises shall be responsible for the production and processing of food quality and safety, and should clearly promise not to abuse of food additives, do not use non-food raw materials production and processing of food, without toxic and hazardous substances in the production and processing of food, not producing fake and shoddy products. 55th enterprises buy raw materials, food additives, the identity should be identified, to obtain certification from suppliers or to make his own tests, commissioned by inspection, and incoming account.
    Food production and processing enterprises will use food additives and other matters of State requirements for the record reported that the County quality and technology supervision departments.
    New varieties of food production and processing enterprises use of food additives, new raw material in the production of food containers, packaging materials, utensils and equipment used for the new variety shall be obtained above the provincial level before using the safety evaluation report issued by security agencies, and retained for future reference. Food production and processing enterprises shall establish a production and sales records.
    Sales records should indicate the name of the food, specifications, batch number, date of purchase, unit name, the volume of retail sales, retail sales and so on. Enterprises should establish the food safety files, save the enterprise records, production records and inspection records of food safety-related information.
    Food quality and safety records should be kept for 3 years.
    Article 56th consecutive stops production and processing of food production license certified products 1 years, new production process, should apply to the accepted food production license of quality and technical supervision departments to make applications for on-site verification. 57th in food production and processing enterprises using new resources to produce food, must be in accordance with the relevant provisions in or above the provincial level before the operation safety assessment safety assessment bodies, and will evaluate the results report to the local quality and technical supervision departments at the county level.
    Enterprise responsible for the authenticity of the report.
    Article 58th food production license of the Enterprise shall, within the period of validity of the certificate for each full 1 years ago, within 1 month of the County quality and technology supervision departments submit annual reports continue to ensure food quality and safety requirements.
    59th consigned production of processed food, delegates must be separately to the local city (ground) level of quality and technology supervision departments, and submit both copies of business license and OEM contracts. Processed into food quality and safety market access management of food, except those that meet the requirements of the preceding paragraph, is entrusted must be effective food production license of the enterprise has been made, the production and processing of food should be referred to the principal for all sales, the record should also be submitted when the client's copy of production license.
    Processed food packaging or label should also be in accordance with the provisions on indicating product identification, marking food production license number and the name and address of the producers. 60th levels of quality and technology supervision departments on a regular basis or occasionally on food quality and safety and health conditions, food production and processing enterprises continue to ensure food quality and safety requirements for supervision and inspection.
    Through inspections, tightened inspection, visit, mandatory inspection, supervision, annual review and inspection of law enforcement, strengthen supervision and inspection, and urge enterprises to regulate production and business activities.
    Quality and technology supervision departments at all levels to implement supervision and inspection shall be without prejudice to the normal production and operation activities shall not solicit or accept a business property or seek other benefits.
    Article 61st of quality and technical supervision departments at all levels should establish quality and safety of food production and processing enterprises management, detailed record of basic situation of enterprises, product quality and safety, and corporate governance, achieve dynamic management. 62nd levels of quality and technical supervision Department classification supervision system of food production enterprises.
    According to the area of food production and processing enterprises in the production conditions, the management level and product quality, and other factors to determine quality and safety levels, implementing category management. 63rd production activities and inspections of food production enterprises. Inspections, should faithfully record the detailed rules for the implementation of the present situation of the enterprise.
    Inspection finds problems, be dealt with in accordance with the relevant provisions. 64th State quality inspection administration and quality and technical supervision departments at all levels should be based on different types of food characteristics and product quality, implementation of food quality and safety supervision.
    Supervision should be carried out in accordance with the regulations.
    Supervision should focus on check the tendency of quality problem areas, quality and stability of enterprises as well as micro-organisms, harmful substances, additives, toxic heavy metals and other key indicators.
    65th of quality and technical supervision departments at all levels to food quality and safety problems occur, tightened inspection. 66th article of quality and technical supervision departments at all levels should make food production license review of the annual report of the company.
    If necessary, on-site verification and inspection of enterprises. 67th of quality and technical supervision departments at all levels to achieve corporate food production license does not meet the necessary improvements in the conditions of implementation of a return visit.
    Visits should be documented.
    68th in the supervision and administration of quality and technology supervision departments at all levels, found outside the jurisdiction of the district's safety should be timely informed of the quality and technology supervision departments have jurisdiction.
    Significant food safety events should be submitted immediately to the superior quality and technology supervision departments, can also report directly to the AQSIQ.
    69th State quality inspection administration and provincial quality and technical supervision departments should establish information gathering, risk assessment and risk early warning released pose a food safety risk early warning mechanism. 70th article quality and technical supervision departments at all levels should establish the food safety events rapid response mechanisms.
    Response to sudden major food quality and safety, shall immediately organize surveys and product analysis, measures to control the expansion and targeted regulation. 71st to implement a recall system for unsafe food. Food production and processing enterprises of serious quality and safety problems found in its products, should be a voluntary recall has a factory for sale have a problem food enterprises do not recall, ordered by local quality and technical supervision departments to recall Enterprise refused to implement, announcement by the provincial quality and technical supervision Department recalled.
    Specific measures shall be prescribed separately.
    72nd State quality inspection administration and provincial quality and technical supervision departments should establish serious violations reported system, regularly publish production of fake and shoddy foods list.
    73rd State quality inspection administration and provincial quality and technical supervision departments should check out inspection reports, test result comparison, inspection and test report of the test is objective, impartial, and timely supervision and inspection. Inspectors and inspection organizations and inspectors made things difficult for enterprises, enterprises have the right to State quality inspection administration and quality and technology supervision departments above the county level complaints.
    AQSIQ and the quality and technical supervision departments above the county level complaint, it shall promptly investigate and deal with.
    The seventh chapter inspectors and inspection article 74th national qualification prerequisites verification personnel engaged in enterprise management system, food inspection implementation level (Professional) qualification management system.
    Inspectors, including food production licenses registered Inspector, Senior Inspector and technical experts. 75th AQSIQ is responsible for uniform inspectors and inspection personnel evaluation standards, uniform training of inspectors and inspectors of teachers, Organization for the harmonization of registration Inspector and senior examiner examination registration.
    Provincial quality and technical supervision Department is responsible for organizing the district inspectors and inspection personnel training, personnel responsible for the inspection test certificate.
    76th State administration of quality supervision inspection staff requirements registration regulation, provincial quality and technical supervision Department is responsible for the inspection and registration of members of management. 77th provincial quality and technical supervision Department according to needs, to identify technical experts to participate in on-site verification.

    Technical specialist means an inspector a certificate of registration is not made, but can provide technical advice necessary conditions for enterprise verification of professional and technical personnel.
    When working on-site verification, technical experts, and not as a member of the verification team, does not participate in the verification conclusions of the decision. Technical experts should meet certain conditions and approval by the provincial quality and technical supervision and the State administration of quality supervision record.
    Persons without approval or for the record should not be used as technical experts to participate in the work of verification. 78th inspectors, inspection staff approved by the registration or after filing, to be certified.
    Without qualified personnel obtained the relevant qualification certificates, shall not act as verification or inspection.
    Served as Inspector of the verification team leader must be approved by the provincial quality and technical supervision Department and reported that the State General Administration of quality supervision for the record.
    Eighth chapter legal 79th in food production and processing enterprises of one of the following conditions, ordered to stop production and sales, confiscate the illegal production and sales of the product, and the illegal production and sales of the product (including the sold and unsold products, the same below) above 3 times below the value of the equivalent amount of fines has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) did not make food production licenses without production license management, food production and processing, (ii) has been written off food production license or license expired continued production and processing of food production food production license and (iii) beyond the scope of license without production license management, food production and processing.
    80th article made food production license of enterprise production conditions, and test means, and production technology or process occurred changes of, not according to this rules provides handle again application review procedures of, ordered stop production sales, confiscated illegal production sales of products, and deadline handle related procedures; late still not handle of, at illegal production sales products goods value amount 3 times times following fine; has illegal proceeds of, confiscated illegal proceeds; constitute crime of, law held criminal.
    Changes in access to food production licenses by business name, is not in accordance with these rules and regulations change, ordered relevant formalities; overdue handling shall be ordered to stop production and sales, confiscate the illegal production and sales of the product, and the illegal production and sales of the product value of the equivalent amount of fines has illegally obtained, confiscation of illicit proceeds.
    81st made food production license of the enterprise are not annual reports submitted in accordance with these rules, a rectification; fails to mend, and fined 5,000 yuan fine.
    82nd article of food production licenses of companies not complying with the provisions of this rule marked QS flags and food production permit number, a rectification; fails to mend, illegal production and sales of products the value of 30% to the following penalty has illegally obtained, confiscation of illegal income; the circumstances are serious, revoked the food production licenses.
    83rd made food production license of the enterprise lease, lend or transfer of food production license certification, QS and food production permit number, a rectification, fined a maximum of 200,000 yuan and in serious cases, revoked the food production licenses.
    Illegally accepted and others provide food production license certification, QS and food production permit number shall be ordered to stop production and sales, confiscate the illegal production and sales of products, illegal production and sales of the product above 3 times below the value of the equivalent amount of fines has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
    84th made food production of licensed products by the State supervision or provincial supervision and spot checks of unqualified and ordered rectification; due rectification has not qualified to review, revoked the food production licenses.
    Access to food production license of the product supervision by the national or provincial supervision involving safety and health standards and other mandatory requirements item or a product characteristic properties of project 2 times in a row is not qualified, revoked the food production licenses.
    85th made food production licenses because of food quality and safety indicators failed because of an accident with serious consequences, and revoked the food production licenses, and treated in accordance with the relevant laws and regulations.
    86th forged, altered, used by food production license certificate, QS or food production licence number shall be ordered to correct, confiscate the illegal production and sales of the products, and illegal production and sales of the product above 3 times below the value of the equivalent amount of fines has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
    87th in food production and processing enterprises use deception, bribery or other improper means to obtain food production license, revoked license, and a penalty of 200,000 yuan enterprises allowed to re-apply in 3 years food production license constitutes a crime, criminal responsibility shall be investigated according to law. Food production and processing enterprises to hide relevant information or provides false materials in food production license application inadmissible or not to license and given a warning.
    Within the food production and processing enterprises in 1 may not apply again for food production.
    88th made food production license of the enterprise responsible for the supervision and inspection of the quality and technology supervision departments to conceal the situation, provide false materials or refuse to provide authentic materials reflecting its activities, correction, fines of between 30,000 yuan.
    89th in food production and processing enterprises cannot keep should have environmental conditions, hygiene requirements, plant, premises, equipment, facilities or test conditions, a rectification, fines of between 5,000 yuan; it fails to, it is recommended that relevant administrative licences revoked by the Department and achieve corporate food production licenses revoked the food production licenses. 90th in food production and processing enterprises in production and processing activities without production license that is used in the implementation of production license management products, correction, fines of between 50,000 yuan and 200,000 Yuan; has illegally obtained, confiscation of illicit proceeds.
    Food production licenses of the enterprises have achieved this behavior and the circumstances are serious, revoked the food production licenses.
    Parties had ample evidence to prove that they do not know the product to production without production license permits the management of products and be able to truthfully explain stock sources, be given a lighter or mitigated punishment. Adulterate 91st in food production, impurities, shoddy or substandard products as qualified product, in accordance with the People's Republic of China product quality law 50th article are punishable.
    Food production licenses of the enterprises have achieved this behavior, revoked the food production licenses. 92nd production and used in the production of the country has been officially eliminated foods and related products, in accordance with the People's Republic of China product quality law article 51st penalty.
    Food production licenses of the enterprises have achieved this behavior and the circumstances are serious, revoked the food production licenses. 93rd false product origin, forge or fraudulently using name, address, forgery or fraudulent use of certification mark for quality marks, in accordance with the People's Republic of China product quality law 53rd are punishable.
    Food production licenses of the enterprises have achieved this behavior and the circumstances are serious, revoked the food production licenses. 94th following acts of food production and processing enterprises, a rectification; fails or if the circumstances are serious, shall be ordered to stop production and sales, fines of between 30,000 yuan.
    Food production licenses of the enterprises have achieved this behavior and the circumstances are serious, revoked the food production licenses. (A) delegate not made food production license of enterprise production processing has implemented production license management of food of; (ii) not by this rules provides implementation factory test of; (three) violation provides using expired of, and failure of, and metamorphic of, and filthy not clean of, and recycling of, and by other pollution of food or non-edible of raw materials production processing food of; (four) using new resources production food, and using food additives new varieties, and new of raw materials production of food container, and packaging material and food with tool, and
    Equipment not accompanied by the safety assessment report of new varieties and (v) is not carried out according to the rules processed food records or not according to stipulations in the commissioned production of food packaging label.
    95th following acts of food production and processing enterprises, a rectification; fails or if the circumstances are serious, the penalty of between 5,000 yuan.
    (A) not by this rules provides for forced test, and than on test or added strict test of; (ii) no standard or not by standard Organization production of; (three) not by this rules provides implementation purchase acceptance system and established purchase Taiwan account of; (four) not will using food additives situation record or not by national provides for other record of; (five) no production records or sales records of.
    96th food production and processing enterprises of the rule 20th (b), (c), (d), (e), (f), in accordance with the People's Republic of China Law on food hygiene provisions of 42nd.
    97th in food production and processing enterprises in violation of regulations on food additives, food containers, packagings, utensils and equipment, as well as detergents and disinfectants, according to the People's Republic of China article 44th of the provisions of the food sanitation law.
    98th enterprises revoked the food production licenses, not to re-apply in 3 years food production licenses.
    99th article quality and technology supervision departments above the county level has been made according to suspicions of illegal evidence or reports that made food production licenses of the enterprises of food production licenses revoked, to immediately suspend its production licenses. Suspended license for the 7th (product testing time).
    On lawful investigation and decides not to revoke, withhold a certificate shall be promptly returned to the enterprise. 100th company or Inspection Agency inspection, testing instruments fall within the compulsory verification of measuring instruments, failing to apply for accreditation or fall within the non-compulsory certification of measuring instruments that did not own periodic verification or give other metrology institutes, calibration on a regular basis, and not qualified to continue the use of certified, in accordance with the People's Republic of China metrology 46th of the provisions of the implementing regulations.

    101th article bear products sent card test task of test institutions forged test conclusion or issued false proved of, ordered corrected, on units at 50,000 yuan above 100,000 yuan following of fine, on directly is responsible for of competent personnel and other directly responsibility personnel at 10,000 yuan above 50,000 yuan following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, revoked its test qualification; constitute crime of, law held criminal.
    Inspection organizations and inspectors in connection with the implementation of food quality and safety market access management of production and sales of food-related activities, or to recommend or on its behalf producers, include the administration of production license for sale of its testing of food, fined a maximum of 20,000 yuan and 100,000 Yuan; has illegally obtained, confiscation of illegal gains in serious cases, revocation of their inspection qualifications.
    102th inspectors, inspection personnel at work is not science, not just to carry out their duties, depending on the seriousness of the criticism, warning or removed from jobs and other necessary administrative sanctions in serious cases, disqualification case constitutes a crime, criminal responsibility shall be investigated according to law.
    103th engaged in food quality and safety supervision and management work of institutions and staff violations, in accordance with the People's Republic of China regulations on the administration of production license for industrial products, 60th, 61st, 62nd, 63rd, 64th. 104th revoked the food production licenses provided for in the rules of administrative punishment by the provincial or city (ground) level of quality and technology supervision departments. Decides to cancel before food production license issued by the State administration of quality supervision, by the provincial quality and technical supervision administration of departments according to prescribed procedures for approval.
    Decided to revoke issued by the provincial quality and technical supervision Department of the food production permit, city of (ground) level of quality and technical supervision departments should be according to the program approved by the provincial quality and technical supervision departments.
    Administrative punishment decision revoked the food production licenses should inform peer health authorities, industrial and commercial administrative departments and other departments concerned.
    Other administrative penalties stipulated in these rules by the quality and technology supervision departments above the county level based on the terms of reference of the decision.
    105th in food production and processing enterprises administrative organ refuses to accept the given administrative penalties pursuant to these rules, administrative reconsideration or administrative proceedings in accordance with law. Nineth chapter supplementary articles article 106th food producing and processing enterprises apply for food production licenses and related product quality inspection, shall pay fees in accordance with the relevant provisions of the State.
    Charges in accordance with the national and provincial-level prices (price) departments approved files.
    107th working days the time provided in these rules, excluding legal holidays. 108th by AQSIQ is responsible for the interpretation of these rules. These rules shall take effect on September 1, 2005.
    AQSIQ released July 18, 2003 the management of quality and safety supervision in food production and processing enterprises annulled simultaneously.
    Annex: 1. food production license certificate style 2.QS logo style annex 1: (Editor Note: this paper pattern see manuscript) Annex 2: Appendix 11 food market access logo style, and size and the color requirements logo graphics (Editor Note: here graphics see manuscript) logo dedicated color (color) figure (Editor Note: here graphics see manuscript) logo graphics text combination constitute (Editor Note: here graphics see manuscript) logo figure fell grid
                                                                        (Editor's Note: graphics here see original) logo data is charted (Editor's Note: graphics here see original)

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