Fujian Province, Fujian Provincial People's Government On The Revision Of The Food Production And Processing Workshop Supervision And Management Measures Of The Decision

Original Language Title: 福建省人民政府关于修改《福建省食品生产加工小作坊监督管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393728.shtml

Fujian province, Fujian Provincial people's Government on the revision of the food production and processing workshop supervision and management measures of the decision

    (August 6, 2013, Fujian Provincial people's Government, the 8th Executive meeting August 12, 2013, the Fujian Provincial people's Government announced come into force on the date of promulgation, 124th) Fujian Provincial people's Government for decision on June 25, 2012, published by the food processing workshop of Fujian province supervision and administration measures as follows: 33rd article modified for "canteen, and supermarket, and school violation this approach 22nd article second paragraph provides, in business activities in the using without test or test not qualified food of, by related supervision management sector ordered corrected, on illegal production business of food goods value amount insufficient 10,000 yuan of, at 5000 Yuan above 30,000 yuan following fine; on illegal production business of food goods value amount 10,000 yuan above of, at goods value amount twice times above five times times following fine, but highest not over 200,000 yuan.



    This decision shall come into force as of the date of.

    Attached: Fujian province food production processing small workshop supervision management approach (2013 amendment this) (June 25, 2013 Fujian Province Government 117th, makes announced according to August 6, 2013 Fujian Province Government 8th times Executive Conference considered through August 12, 2013 Fujian Province Government makes 124th, announced since announced of day up purposes of Fujian Province Government on modified straddling Fujian province food production processing small workshop supervision management approach of decided Amendment) first chapter General

    First in order to strengthen the supervision and management of food processing workshop, protecting public health and safety, in accordance with the People's Republic of China food safety law and the People's Republic of China regulations for the implementation of the food safety law and other laws and regulations, combined with the facts of the province, these measures are formulated.

Article in the province engaged in production and business activities in the administrative area of food production and processing small workshops and to supervise their activities, these measures shall apply.

    Food processing workshops mentioned in these measures refers to a fixed, independent production and processing establishments, employing fewer, smaller, simple production conditions, engaging in traditional, low-risk food processing units and individuals.

    Article III food processing workshops in accordance with the laws, regulations and food safety standards in production and operation activities, establish and improve the system of food safety management and take effective measures to ensure food safety, responsible for the production and management of food safety.

Fourth unified leadership, the people's Governments above the county level shall organize and coordinate supervision and management of food processing workshops, establish and improve the supervision and management system, study and solve major problems in supervision and management in a timely manner. Quality supervision and management departments at or above the County for food production and processing conditions for production and processing of small workshops approved and food quality supervision and management.

Business Administration, health administration, food and drug supervision and administration and public security departments in accordance with their respective functions, supervise and administer the law, food processing workshop. Township people's Government, neighborhood offices shall specify the relevant institutions and persons, the administrative supervision and administration of safety of food production and processing in small workshops.

    A villagers ' Committee shall assist in the supervision and management of food processing workshops. Five Governments at all levels should be based on actual needs overall planning, rational distribution, building suitable for food production and processing small centralized food processing establishments engaged in food production and processing activities.

    Encourage food processing workshop to focus on food processing establishments engaged in food production and processing activities.

    Sixth report to the people's Governments above the county level shall establish and improve food safety incentive system, protecting the legitimate rights and interests of the source; providing illegal clues and verified active personnel and other criminal cases and prosecuted, shall be rewarded.

    Chapter II production and management

Seventh engaged in food production and processing for the operation of small workshops shall comply with the following conditions:

(A) food variety, quantity and production suitable and in accordance with the food safety requirements of food raw material treatment and food production, packaging, storage and other fixed sites, keep the environment clean, and poisonous and harmful sites and other sources and keep specified distance;

(B) the production and processing area and living area separated in accordance with the food safety requirements;

(C) production and processing facilities, equipment and production processes to meet the food safety requirements and regulations;

(D) with traditional technology or other technology to ensure food safety;

(E) production and management personnel and to ensure food safety management systems;

    (F) the laws, regulations and other requirements of food safety standards.

Eighth under food production and processing workshop production of the following foods:

(A) non-food raw materials other than the production of food or food additive chemicals and other substances that may harm human health foods, or use recycled food as a raw material in the production of food;

(B) pathogenic microbes, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances harmful to human health than food safety standards for a limited number of foods;

(C) deterioration, oil Rancidity, mildew and insect, filthy dirty, mixed with foreign bodies, adulteration of doping or abnormal sensory properties of food;

(D) death, poisoning or unknown poultry, livestock, wild animals, aquatic animals, such as raw material for production of food inspection and quarantine or failed to pass the inspection and quarantine of meat as raw material in the production of food;

(E) packaging materials, containers and means of transport, such as pollution of the food;

(Vi) other foods do not meet food safety standards or requirements.

    Food processing workshops may not accept other producers commissioned production of processed food. Nineth establishing food processing workshops shall comply with the conditions laid down in article seventh, by the industry and commerce administration departments at or above the County pre-approved names, and shall obtain the quality supervision and management departments at or above the County after the conditions of production and processing of certificates of approval, for industrial and commercial registration.

Without production and processing conditions of business registration certificates of approval or not, shall not be engaged in food production and management activities.

Food production and processing conditions for production and processing of small workshops approval certificate is valid for 3 years.

    Food production and processing and small-scale production and processing conditions approved measures shall be formulated by the provincial quality supervision and management departments.

Food processing workshops of the tenth article may produce infant supplementary food, dairy products, soft drinks, canned food, specific groups of primary and secondary food, food claimed to have specific health functions such as high risk foods and non-traditional foods.

    Food production and processing small workshops producing and processing food to implement catalog management, specific food varieties with a list of districts and cities by quality supervision and management departments in accordance with the local conditions to develop and implementation reported to people's Governments at the same level for approval, and to the public.

    11th food production and processing small workshops may not be set up in residential living quarters, but the consent of interested owners, in accordance with the law, regulations and management unless the Statute.

    12th in food production and processing and small-scale production site for the lessor knew or should have known that food processing workshop production and processing article eighth of this approach ban on the production of food, should timely report the location above the county level, quality supervision, industry and commerce administration departments or township Governments, neighborhood offices, and supervision and management of the related regulatory authorities may be required. 13th food processing workshops should be in accordance with the standards of production.

    No corresponding national standards for food safety, provincial health administrative departments shall, in accordance with the actual needs of specific regional organizations to develop food safety standards that are primarily.

    Food processing workshop of the 14th article be established food ingredients, food additives and food products the incoming inspection system, may not purchase or use do not meet food safety standards, food ingredients, food additives and food-related products.

    15th food processing workshops in China should be commensurate with the work of food safety knowledge, annual health examinations, obtain health certificates before they can practice.

    16th in food production and processing workshops should be approved in the visible display of processing conditions certificate, business license, health certificates.

    17th food processing workshops should be in accordance with the food safety requirements, scope of use, amount of use of food additives. 18th food processing workshops should be tested on the production of food, unqualified food products may not be sold.

    Not food inspection of food processing workshops, should be entrusted with the statutory qualification of food inspection and testing bodies.

    19th article food production processing small workshop should in food of container or packaging Shang marked food of name, and production date, and shelf life, and producers name and the contact way, and production processing conditions approved certificate number, and clear, and striking, and lasting contains Ming "small workshop food" words; production processing pre packaging food of, also should meet People's Republic of China food security method 42nd article first paragraph first items to seventh items, and Nineth items provides. 20th cottage food production and processing of food quality and safety traceability system should be established record of raw material procurement, production and wholesale sales of food-related content, preserve food ingredients, food additives and food-related products purchase voucher.

    The retention periods of the records and supporting documents shall be not less than 2 years.

    21st article food production processing small workshop of production processing conditions occurred changes, not meet production processing requirements of, should immediately take rectification measures; has occurred food security accident of potential risk of, should immediately stop production business activities, and to County above quality supervision management sector or location Xiang Government, and subdistrict offices report; need again handle approved procedures of, should in 10th within to original approved organ application handle. 22nd food operator procurement of food production and processing of small-scale production and processing of food, examine its production and processing conditions of approval certificate, business license and certificate of food, food raw materials purchase check record account record food name, specification, quantity, production date, shelf life, the supplier name and contact information, date of purchase, and so on.

Raw materials purchase check record shall be true to the retention period shall be not less than 2 years.

    Food production and processing workshop production and processing of food, without inspection or test failed, canteens, supermarkets, schools, shall not be used.

23rd centralized trading market opened, counter and rental trade show organizers, for sale food production should be regularly checking the machining workshop production and processing of food, found in violation of these rules of conduct, should stop and report immediately to the local administration for industry and Commerce Department or the food and drug administration.

    Centralized trading market opened, counter the lessor and fair organizers have not met their obligations under the preceding paragraph, food safety accident occurs shall bear joint and several liability.

    Chapter III supervision and management

24th in food production and processing small workshops related to supervision and management departments and township people's Government, neighborhood offices shall strengthen the supervision and management of food processing workshops, in close cooperation and timely communications on regulatory information.

    Township people's Government, neighborhood offices should address the problems and organize inspections, special rectification.

    25th article above the county level, quality supervision and industrial and commercial administrative departments should promptly announced to food production and processing of small workshops and production conditions for approval and registration and inform the Township people's Government, where the food processing workshop, neighborhood offices.

26th article food production processing small workshop related supervision management sector should established food production processing small workshop security archives, respectively records production processing conditions approved, and business registered registration, and daily supervision check, and violations investigation and the products quality supervision checks, information; according to food production processing small workshop security archives of records, on has bad credit records of food production processing small workshop should increased supervision check and products quality supervision checks frequency, and will its list timely to social announcement.

    Due to production does not meet the food safety standards of food production and processing of food are announced more than two small workshops, quality supervision and management departments should revoke its processing conditions for production and processing of certificates of approval, and is no longer accepting applications for its production and processing conditions of approval.

    27th Township people's Governments, neighborhood offices and quality supervision, industry and commerce administration, health administration, public security and other departments to strengthen communication, coordination, receiving the report or finding small workshops there are violations of food production and processing, shall promptly inform the information related to supervision and management departments, and in line with the relevant regulatory authorities for investigation.

    28th in food production and processing small to conceal the situation or to furnish false information in production and processing conditions of approval, handled by the quality supervision and management departments at or above County revoked conditions for production and processing of certificates of approval, within a year is no longer accepting applications for its production and processing conditions of approval.

    The fourth chapter legal liability

29th cottage food production and processing in violation of the rules of any of the following acts, by the relevant regulatory authority shall order rectification, and concurrently impose a fine of less than 1000 Yuan and 10,000 yuan; it refuses, fines of between 10,000 yuan and 30,000 Yuan:

(A) disobey the seventh article to the third requirement, does not meet the conditions of production and business activities;

    (B) violation of the the eighth paragraph these measures, other producers commissioned production of processed food.

    30th cottage food production and processing in violation of the article tenth paragraph, production of food outside the list of varieties of food, the quality supervision and management departments at or above the County shall order rectification, and fined a maximum of 5000 Yuan and 30,000 yuan.

    31st in food production and processing workshops in violation of these regulations the 16th article, no visible display of processing conditions of certificates of approval, the quality supervision and management departments at or above the County shall order rectification, and fined a maximum of between 3000 and 300 yuan; it refuses, fined a maximum of 3000 Yuan and 10,000 yuan.

    32nd food processing workshops in violation of these regulations the 19th article, not according to standard requirements for food labeling, by the relevant regulatory authority shall order rectification, and fined a maximum of between 3000 and 300 yuan; it refuses, fined a maximum of 3000 Yuan and 30,000 yuan.

    33rd article canteen, and supermarket, and school violation this approach 22nd article second paragraph provides, in business activities in the using without test or test not qualified food of, by related supervision management sector ordered corrected, on illegal production business of food goods value amount insufficient 10,000 yuan of, at 5000 Yuan above 30,000 yuan following fine; on illegal production business of food goods value amount 10,000 yuan above of, at goods value amount twice times above five times times following fine, but highest not over 200,000 yuan.

The 34th article violates these rules, Governments at all levels failed to carry out duties, the administrative area of a major food safety accidents, causing serious social repercussions, the supervisor directly responsible according to law officers and other personnel with direct responsibility for demerit, demotion, dismissal or discharge penalties.

    Violation of this regulation, supervision and management departments of the failure to comply with these rules duty or abuse of power, negligence, malpractice, according to law are directly responsible for the charge and the other persons given a demerit or downgrade penalties, causing serious consequences, punishment imposed dismissal or dismissal; its chief should resign.

    35th acts in violation of these rules, laws and regulations on penalties from its provisions caused property losses, the violator shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    36th before the implementation of these measures has made the appropriate license, the license validity period remain in force.

    37th food manufacturing and selling in these measures refers to the same place making and selling food business, including the shop in front and factory. 38th article of the rules take effect on August 1, 2012.