Administrative Measures On Quality And Safety Supervision In Food Production And Processing Enterprises

Original Language Title: 食品生产加工企业质量安全监督管理办法

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(July 18, 2003 national quality supervision test quarantine General makes 52nd, announced) first chapter General first article for from source strengthening food quality security of supervision management, improve food production processing enterprise of quality management and products quality security level, guarantees personal health and security, according to People's Republic of China products quality method, and industrial products production license pilot Ordinance, and State on further strengthening products quality work several problem of decided
    As well as the State Council circular of the State administration of quality supervision, inspection and quarantine (hereinafter "AQSIQ") functions and other relevant provisions, these measures are formulated.
    Article food mentioned in these measures refers to industrial processing, and production of, for people to eat or drink products. People's Republic of China territory of sale for the purpose of food production and processing activities, you must comply with these measures.
    Import and export of food according to the State administration of import and export commodities inspection and quarantine and supervision and management regulations.
    Article quality and safety of food must comply with the national laws, administrative regulations and mandatory standards and regulations, and meet the requirement of protection of human health, physical security, there is no unreasonable risk of risks to health and safety.
    Fourth article engaged in food production processing of enterprise (containing individual operators), must according to national implemented food quality security market access system of requirements, has guarantee food quality security essential of production conditions (following referred to "essential conditions"), by provides program gets food production license, by production processing of food must by test qualified and added printing (posted) food quality security market access logo Hou, party can factory sales. Enterprises did not make food production license may be producing and processing food. Without without production licenses for production, production without a license.
    Without inspection, not print (paste) food shall not ex-factory sales of food quality and safety market access flags.
    Article quality and technical supervision departments at all levels according to the AQSIQ's unified deployment and requirements, in the context of their respective responsibilities, responsible for organization and implementation of food quality and safety market access system, impose administrative penalties for violations. Sixth article of any units and individuals have the right to act in breach of these rules, the AQSIQ and local quality and technical supervision departments.
    Department accepting the report shall keep their informants confidential, and the report gives awards to workers in accordance with State regulations.
    Chapter II requirements seventh food production and processing enterprises in food production and processing enterprises shall comply with the laws, administrative regulations and the relevant policies and regulations of the State enterprises to set up conditions.
    Eighth in food production and processing enterprises must be able to ensure product quality and safety conditions. Nineth food production and processing enterprises must be able to ensure product quality and safety of production equipment, process equipment and auxiliary equipment, and guarantee the quality of products adapted to the raw material handling, processing, storage, and factory buildings or places.
    Special process equipment, such as production of food to radiation processing technology, shall comply with the measures and other relevant conditions laid down in rules and regulations.
    Tenth food processing should be scientific and reasonable, the production process should be strict, standard and prevent biological, chemical and physical contamination and prevent raw food and cooked food, raw materials and semi-finished products, finished products, stale food and fresh foods, such as cross-contamination. 11th food production and processing enterprises used in the production of food raw material, additives shall comply with the relevant provisions of the State.
    Non-edible raw materials shall not be used in processed foods. 12th in food production and processing enterprises must, in accordance with a valid product standard production.
    Quality and safety of food must comply with the laws and regulations of the mandatory standards, not required by mandatory standards shall comply with standard requirements for Corporate Express. 13th in food production and processing business owners and managers should be aware of and knowledge of laws and regulations related to food quality and safety; food companies must have adapted to the food production professionals, skilled workers, and quality staff.
    Personnel engaged in food production and processing must be in good health, free from infectious diseases and other diseases that affect food quality and safety. 14th in food production and processing enterprises should have a commensurate with production quality testing and measurement methods. Enterprises should have a product inspection, testing, testing equipment must be qualified through verification before use.
    Does not have the inspection capacity of the enterprise, announced to appoint a State administration of quality supervision, a legally authorized inspection agencies for product inspection.
    15th in food production and processing enterprises should establish standard system in the entire production process, standardize management, establish and perfect quality management system, from raw material procurement, product testing and after-sales service quality management of the entire process, establish quality accountability, enhance quality, strict enforcement of quality of the veto.
    Encourage enterprises in accordance with international quality management standards and technical specifications for access to quality system certification and HACCP certification, improving the quality of enterprise management level. 16th used in food packaging material must be clean, no pollution to food. Food packaging and labels must comply with appropriate regulations and requirements.
    Nude on great food in their factory packaging can be marked using labels and should be marked.
    17th food storage, transportation and handling of containers, packaging, utensils and equipment must be safe, keep it clean, no pollution to food.
    Chapter III food production license 18th provincial quality and technical supervision Department authorized the State General Administration of quality supervision organizations in the area of food production permits reception, business requirements, product quality inspection and food production license certification.
    Provincial quality and technical supervision Department may authorize the city (ground) level of quality and technology supervision departments of food production licenses to receive and review specific work, such as.
    19th in food production and processing enterprises in accordance with the principle of territorial jurisdiction and management, to the seat of the cities (prefectures)-level of quality and technical supervision departments to process food production license application.
    Business scope covers shall be applied for forensics products.
    New and new production of food companies, food production permits from the quality and technology supervision departments in a timely manner.
    In addition to limiting conditions stipulated by laws and administrative regulations, no unit may not otherwise be additional conditions, restrictions on corporate food production licenses. 20th provincial, municipal (ground) level of quality and technology supervision departments receive application materials, shall, within 15 working days review group, completed its review of the applications and data files. Materials meet the requirements of enterprises, food production licenses will be issued a notice of acceptance.
    Declarations do not meet the requirements of enterprise, quality and technology supervision departments shall notify the company within the 20 working days correction, overdue correction, deemed withdrawal of the application.
    Article 21st for a desk review of qualified enterprises, the review team in accordance with food production license review rules, within 40 working days to complete the enterprise requirements and inspection capability of on-site reviews and on-site examination of enterprises, by the review group sample. 22nd review team or apply for forensic enterprise shall, within 10 working days of the samples (except with special provisions) of the samples were delivered to a designated inspection authority.
    Inspection after receipt of samples shall be tested in accordance with the standards and requirements, and should be completed within the period specified in the inspection work.
    23rd article by essential conditions review and sent card test qualified and meet sent card conditions of, quality technology supervision sector should in 10 a days within on review report for audit, confirmed correct Hou, by provincial quality technology supervision sector unified summary meet sent card conditions enterprise of material, and in 15 a days within will meet sent card conditions of enterprise list and the related material submitted national quality General. 24th as prerequisites for review or certification test are not qualified and do not meet the certification requirements, quality and technical supervision departments should be issued to the enterprises of the food production license review notice of not and explain the reasons. Since food production from the date of issue of the permit review notice of not, notification of acceptance of their own original food production licenses cancelled.
    Enterprise received the unqualified food production license review notice of the date, should be immediately corrected, forensics applications 2 months before once again. Received the AQSIQ 25th article reported by the provincial quality and technical supervision Department of enterprises eligible for certification material, shall be approved within 10 working days.
    AQSIQ is responsible for the announcements list for the food production license.
    Article 26th provincial quality and technical supervision Department under AQSIQ approval, should be completed within 15 working days to meet the certification requirements of production enterprises issued production licenses for food and its copy of the work. 27th export food production and processing enterprises in the production of food in the People's Republic of China territory, shall, in accordance with the regulations, apply for food production licenses.
    Have access to entry-exit inspection and quarantine authority export food health certificate, registration certificate of the enterprise, or have already adopted HACCP system certification and verification of enterprise, when you apply for food production licenses, free enterprise requirements review.
    Won the national quality watchdog finds food certification business, applying for food production licenses, in accordance with the principle of no repeat, simplify or from enterprise resources to review. 28th food production permits will be valid for no more than 5 years.
    Food production license expiration date provided in the appropriate specification documents. 29th in food production enterprises shall permit before the expiry 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 required to apply for review procedures certificate change. 30th annual examination system against food production license. Make food production license of the Enterprise shall, within the period of validity of the certificate for each full 1 years ago located within 1 month of the cities (prefectures) above apply in audit quality and technology supervision departments. Annual examination by the accepting examined applications for quality and technical supervision Department Organization and implementation. Year of qualification, quality and technology supervision departments should sign on the production copy of the license year.

    31st the food production and processing enterprises in food raw materials, production technology, production equipment, such as significant changes in the conditions of production, or of the development and production of new types of food, shall, within 3 months after the change takes place, to the accept permit applications in food production food production license request to the quality and technical supervision Department.
    Accepting change applications, the quality and technical supervision departments should review whether the enterprise continues to satisfy prerequisite requirements of food production enterprises.
    Corporate name changes, shall within 3 months after the name change the original accept permit applications in food production food production license to the quality and technical supervision Department was renamed the application. 32nd 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.
    Provincial quality and technical supervision departments should promptly accept an application for corporate replacement food production licenses, according to the provisions of a replacement certificate procedures, and reported that the State General Administration of quality supervision for the record. Article 33rd QS production license in English letters plus 12-digits numbering. The abbreviation QS Quality Safety in English, before the serial number 4 for the Agency number, 4-bit number for the product category, the last 4 digits for the enterprise number.
    Where the production of licensed products, the enterprise must be marked on the packaging and label of the product license number. QS ****  ****  ****
          │    │    │
          │    │    │
          │    │    └─────获证企业序号
          │    │
          │    └────────产品类别编号
          │
          └───────────受理机关编号
    第四章  食品质量安全检验
    第 34 for the production and processing of food raw materials, additives, packaging material or container must implement the incoming system does not meet the requirements of quality and safety must not be used for food production, processing and packaging.
    Food factory must be tested, untested or unqualified food shall not be manufactured, sold. 35th article of food production license and product inspection capabilities of an enterprise, you can test its own production and processing, belongs to the food production licenses within the food.
    Otherwise provided in the country for some special testing of food, in accordance with the relevant provisions of the State.
    Implement a test on their own enterprise, shall each year to send samples to quality and technology supervision departments than the designated testing agencies.
    36th article of food inspection inspection agency as provided herein, must possess the competence and qualifications, in accordance with State regulations approved by metrological certification, review or by laboratory accreditation, before responsibility for food inspection and commissioning inspection tasks.
    37th do not have product inspection capabilities of enterprises, designated in accordance with the principle of the nearest ones to entrust the State General Administration of quality supervision and inspection agencies published uniform food inspection.
    Article 38th unit for inspection and sampling of food and staff, shall be in accordance with the relevant product standards and technical regulations requires the implementation of sampling and testing of products.
    Fifth chapter marks 39th implementation of food quality and safety food quality and safety market access system of food must be printed before delivery (paste) food quality and safety market access logo, no sign of food quality and safety market access, not ex-factory sales.
    40th food quality and safety market access mark is the quality mark, indicating that meet the basic requirements of quality and safety of food, with "quality and safety" Quality Safety of the English name abbreviation "QS".
    41st State quality inspection administration of food quality and safety market access flag (hereinafter "QS flags") model (see annex). 42nd enterprise use of food quality and safety market access symbol shows that the product has been tested and qualified, and meet basic requirements for food quality and safety.
    Obtaining food production licenses, delegates its shipped food through self-inspection or inspection, and shall set forth the minimum sales unit of food packaging or printed on the label (which is attached to) QS flags. Food quality and safety market access flags can be proportionally enlarged or reduced as needed, without deformation and discoloration.
    Food quality and safety market access logo by printing their own food production enterprises (post).
    Article 43rd printing (paste) food QS flags, during the quality guarantee period, non-consumer use or improper and quality problems, by producers and sellers in accordance with their respective obligations, shall bear legal responsibility. Sixth chapter of food quality and safety supervision and 44th food production licenses of the enterprises should ensure a sustainable and stable production of food, and accept supervision by the local quality and technical supervision departments and management.
    Food marketing enterprises, should check whether the food sold by QS flags and food production permit number. 45th of quality and technical supervision departments should be based on the characteristics of different types of food, regular supervision and inspection of food quality and safety, check whether companies continue to meet to ensure product quality requirements, whether to continue to ensure food quality and safety and food production licenses and the use of food quality and safety market access flags.
    Found in the supervision and inspection of the quality and safety of food, it shall notify the company rectification and in accordance with the relevant provisions, by the specified inspection organization over a given period to tightened inspection of food production and processing enterprises. 46th in food production and processing enterprises may not use expired, failure, deterioration of the dirty, nasty, stale, recycled or non-edible raw materials production and processing of food. Quality and technology supervision departments should strengthen food production and processing enterprises of raw materials, additives and packaging materials used for supervision and inspection.
    Check at the time of purchase of food raw material, obtain certificates from the supplier, or to make their own tests, commissioned by inspection. 47th using new resources, new varieties of food additives in the production of processed food, or of the use of new raw materials for food packaging, food production and processing enterprises must be carried out before production quality and safety testing, must be to provide quality and safety inspection of quality and technical supervision departments.
    Quality and technology supervision departments to supervise the use of these materials. 48th State quality inspection administration and provincial quality and technical supervision Department is responsible for food inspection institutions supervise and manage the work.
    Test results and reality, should hold responsibility for the inspection bodies. 49th disagrees with the conclusion of the enterprise supervision and inspection, from the date of receiving the inspection results in the 15th, to organize the supervision and inspection of quality and technology supervision departments or retest applications to the Management Department at a higher level. Quality and technology supervision departments should delegate statutory inspection institutions to conduct re-inspection, and shall receive written replies to the retest within 10th of.
    Re-inspection result shall be final conclusions.
    The seventh chapter review officers and inspectors working with enterprise requirements review 50th review officers should have a college degree or those with mid-level professional and technical qualifications of the position, familiar with and engaged in quality control or are familiar with and engaged in food production or inspection, after passing the examination, before they can take food production license review process.
    51st food inspection personnel should have stipulated qualifications or those with primary qualifications for professional and technical positions (including quality professional primary qualification), worked in food inspection inspection or related field, and passing the examination before they can bear the quality inspection of food. 52nd national prerequisites for food quality and safety review of the qualification of the personnel management system, food inspection implementation level (Professional) qualification management system. Review, inspection personnel be certified.
    Without qualified personnel, may not engage in the review or inspection. 53rd AQSIQ is responsible for articulating inspectors and inspection personnel evaluation standards and training materials, train teachers, Organization for the harmonization of certification review, inspection personnel assessment.
    Provincial quality and technical supervision Department is responsible for organizing the area Inspector and inspector training. 54th gaqsiq inspectors and inspectors of the qualification of registered management. Registration is valid for 3 years.
    During the period of registration, examiners and inspectors shall, in accordance with the uniform requirements of the General Administration of quality supervision, relevant continuing education.
    Eighth chapter penalty is 55th article food production processing or sales enterprise has following situation one of of, by quality technology supervision sector ordered its stop production, and sales, deadline made food production license; and at illegal production sales products (including has sold and not sold of food) goods value amount 15% to 20% of fine; has illegal proceeds of, confiscated illegal proceeds; caused loss of, law held responsibility.
    (A) unauthorized production without access to food production permit, (ii) commissioned production of processed food without a license and (iii) food production permit expired and continued production; (d) exceeds permitted unauthorized production; (e) sale of unlicensed products.
    56th article of food production license of the enterprise is not marked in accordance with the regulations on the food packaging production permit number and print (paste) QS flags, to order the rectification are serious, punishable by a 30,000 yuan fine, revoked the food production licenses.
    57th and QS signs of forgery, fraudulent use of food production licenses, obtained production license transfer or alter the production permit number or logo, by the quality and technology supervision departments shall be ordered to correct, and in accordance with the People's Republic of China product quality law 53rd are punishable in serious cases, revoked the food production licenses. Illegal to accept and use production license number provided by others, in accordance with the provisions of the preceding paragraph shall be punished.

    58th annual review or audit the enterprise fails not qualified, not complying with the provisions of change requests and continue to produce, by the quality and technology supervision departments be ordered to rectify; fails to make corrections, in accordance with the People's Republic of China product quality law provides for punishment of the 53rd in serious cases, revoked the food production licenses.
    Use does not comply with the provisions of article 59th raw materials production and processing of food, food additive, in accordance with the People's Republic of China product quality law 50th article are punishable in serious cases, revoked the food production licenses.
    60th article food production enterprise not has products factory test capacity and not by provides for delegate factory test and unauthorized factory sales of, or food production enterprise has products factory test capacity and not by provides implementation products factory test of, by quality technology supervision sector ordered deadline corrected; late not modified of or plot serious of, at 30,000 yuan following fine; plot serious of, revoked food production license.
    61st 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.
    62nd article does not comply with the mandatory standards of food quality and safety, in accordance with the People's Republic of China product quality law 49th article are punishable in serious cases, revoked the food production licenses.
    63rd article enterprise in production processing process in the, exists doping fake, behavior of; due to products quality security reasons occurred accident caused serious consequences of; in national supervision checks or provincial quality technology supervision sector organization of supervision check in the, quality security index continuous 2 times checks test not qualified of; enterprise refused to accept supervision check of, consequences and plot serious of, by sent card sector revoked food production license, and according to about legal regulations give administrative punishment.
    64th inspection agencies in violation of the provisions of article, falsification of test results or issuing false certificates, in accordance with the People's Republic of China product quality law article 57th penalty and cancel the qualification of its inspection tasks; cancel the measurement certification, laboratory accreditation and review of accreditation.
    65th personnel engaged in food quality and safety supervision and management abuse, negligence, malpractice, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    Engaged in food quality and safety supervision and administration of quality and technology supervision Department of the above violations, given a warning and informed criticism; the circumstances are serious, cancel its food production licenses to review the qualifications for a job.
    66th article review, inspection personnel at work without 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, until the cancellation of qualification.
    67th enterprise, inspection agencies on quality and technical supervision departments to review certification and disagrees with the conduct of administrative punishment, according to law on administrative reconsideration or administrative proceedings. Nineth chapter supplementary articles article 68th application for food production licenses and commissioned products quality inspection, shall pay fees in accordance with the relevant provisions of the State.
    Rate file approved by the State administration of commodity prices.
    69th this approach by the AQSIQ to interpret.
    70th these measures come into force on the date of promulgation.
                                                                                      (Editor's Note: see the original file of the drawings)

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