Guangzhou Municipal People's Government To Amend The Decision Of The Guangzhou Food Safety Supervision And Administration

Original Language Title: 广州市人民政府关于修改《广州市食品安全监督管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379250.shtml

Guangzhou Municipal People's Government to amend the decision of the Guangzhou food safety supervision and administration

    (May 14, 2012 at the 15th Guangzhou people's Government Executive Meeting July 30, 2012, Guangzhou City people's Government announced come into force on the date of promulgation, 84th), municipal executive meeting of the 14th session of 15 decisions of the Guangzhou food safety supervision and administration as follows:

    23rd "site monitoring and storage" is amended as "sealing up, distraining."

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

    The Guangzhou food safety supervision and management measures under this decision revised republished.

    Report: food safety supervision and administration, Guangzhou City, 2012 (revised) (February 28, 2004, people's Government of Guangzhou City (2004), 1th, announced July 30, 2012, Guangzhou City people's Government, the 84th Amendment)

    Chapter I General provisions

    First to strengthen food safety supervision and management of production and operation, protect the people's health and safety, in accordance with the People's Republic of China food hygiene law and the People's Republic of China product quality law and other relevant laws and regulations, combined with the municipality, these measures are formulated.

    Article within the administrative area of the city food safety supervision and management of production and operation, application of this approach.

    Food import and export inspection and quarantine and supervision and administration in accordance with the relevant provisions of the State.

    Third article this approach by said food is refers to various for people edible or drinking of finished and raw materials and according to traditional is food is drug of items, including planting, and farming formed of without processing or after primary processing of food, and vegetables, and milk class, and aquatic products, and poultry livestock, agricultural, and after industrial processing, and making of for people edible or drinking of products, but not including to treatment for purpose of items.

    The fourth article of the municipal food market access system.

    Market access in these measures refers to operating in the city of foods should be subject to inspection and testing, poultry and livestock products should be subject to quarantine, with the quality of national, provincial and municipal health and safety requirements, without testing, inspection, and quarantine or inspection, detection, quarantine failed food no management system. Governments encourage and guide enterprises ' production and management and quality food.

    To make pollution-free agricultural products, green food, organic food, brand-name products, such as title or certification and branding of food products, in the title or the certification period of validity can be exempt.

    Food producers, the fifth article of the city post, industry self-regulation, a combination of government regulation of inspection and supervision system.

    Food producers should be carried out on the production and operation of food post or entrusted with a corresponding qualification of inspection and testing.

    Industry associations should enhance supervision, self-discipline in the industry.

    City, district and municipal people's Governments at the county level administrative departments should establish and improve the system of food safety inspection and testing regularly imposed on all kinds of food inspection and testing; self-test of guidance, standards, supervision of food producers and industry self-regulation.

    The sixth Municipal Government set up a leading group for food safety supervision and management, harmonization of food safety supervision and administration.

    The district, municipal people's Government at the county level in accordance with this method is responsible for food safety supervision and administration of their respective jurisdictions.

    Seventh government administrative departments shall, in accordance with the following provisions, food safety supervision and administration:

    (A) commercial administrative competent sector is responsible for food circulation of industry guide and management; reorganization and specification food circulation order, advance food circulation reform, established sound food security test detection system; is responsible for poultry livestock slaughter processing of supervision and management, and poultry livestock slaughter factory (field) established of audit; is responsible for city food business dot planning and adjustment; collaborative about sector on food wholesale, and retail market for supervision management.

    (Ii) agricultural administrative competent sector is responsible for edible agricultural production base of planning and organization construction; implementation agricultural quality security monitoring system; is responsible for flora and fauna and products of epidemic prevention, and quarantine and quality security monitoring; is responsible for seed (breeder, and breeding stock), and fertilizer, and pesticide, and veterinary drugs, production, and business, and using of supervision management; city feed management sector is responsible for feed, and feed additives, production, and business, and using of supervision management.

    (C) the quality and technology supervision departments are responsible for the supervision of the food production and processing enterprises management and food quality monitoring for food quality and safety market access system of organization, implementation and supervision; responsible for formulating and supervising the implementation of the standard specification for agricultural products and other agricultural responsible for food quality supervision and management of the work.

    (D) the health Administrative Department is responsible for food production and processing and circulation in the field of food hygiene supervision management; audit food hygiene licenses issued introduction of graded management of food hygiene supervision system, perfect food pollutants surveillance network.

    (E) industrial and commercial administrative departments responsible for the supervision and management of food operations responsible for registration of enterprises engaged in food production and individual industrial and commercial households; circulation in the supervision and inspection of food quality; investigating the illegal business as well as undocumented, processing and selling food without a license violation.

    (F) the administrative departments in charge of environmental protection food processing plants (field), edible farm products production base and operating environment supervision and management and pollution control.

    (VII) public security, planning, food and drug administration and other relevant administrative departments within the scope of their respective duties, assist in food safety supervision and administration.

    Eighth trade associations can develop and promote food production and operation of industry standards, provide information, technical guidance for enterprises engaged in food production and services.

    Chapter II administration of food production and processing

    Section management of edible farm products production base

    Nineth of municipal, district and municipal people's Government at the county level shall be in accordance with local practice, developed in line with the health, quality, environment, safety standards for agricultural cultivation, breeding base plans; support the establishment and development of agricultural cultivation, breeding base.

    Agricultural and environmental protection Administrative Department shall, in accordance with their respective responsibilities, construction of agricultural plant breeding guidance and supervision. Tenth agricultural cultivation, breeding base should be a farm product safety tracking system.

    Technical specification for production, production records, records of pesticides, fertilizers, medicine, veterinary medicine, fish, feed and the use of feed additives as well as vaccination, quarantine, and so on.

    Other agricultural cultivation, animal husbandry production base of the management shall be referred, records of pesticide, fertilizer, veterinary medicine, fish medicine, feed and feed additives used.

    Agricultural administrative departments in accordance with the responsibility to develop implementation plan and organize the implementation of agricultural product safety tracking system.

    11th agricultural cultivation, breeding base of agricultural product safety inspection system should be established to provide qualification certificate for agricultural products.

    Livestock slaughter factory (field) slaughter of livestock should has origin County above animal epidemic prevention quarantine supervision institutions issued of quarantine qualified proved; factory (field) of meat products should stamped Sentinel slaughter factory (field) of meat products test qualified chapter and the this city animal epidemic prevention supervision institutions of veterinary quarantine qualified chapter, and has this city animal epidemic prevention supervision institutions issued of animal products quarantine qualified proved and Sentinel slaughter factory (field) issued of livestock products test qualified proved. After processing and packaging of agricultural products shall be attached with the label on the product packaging.

    Tags should be labelled in Chinese standard code, product name, net weight, production, processing units, production date, shelf life, etc.

    Plant breeding base of 12th agricultural security guarantee system should be established.

    Agricultural plant breeding base before the products on the market, should be on the security status of their products to agricultural and health administrative departments and operators to make commitments.

    Agricultural plant breeding base security commitment system by administrative departments of health, agriculture, in accordance with their respective responsibilities, to develop implementation plan and implementation.

    The 13th article of the city to implement pollution-free agricultural products and the production base for pollution-free agricultural products certification system.

    Agricultural production of pollution-free agricultural products, in accordance with the accreditation procedures and the provisions of the production base for pollution-free agricultural products certification program, application of pollution-free agricultural products and production base for pollution-free agricultural products certification.

    Certification through the national or provincial, can base the production and certification of agricultural products and their packaging labels corresponding marks; not through national or provincial certified, you may not use pollution-free agricultural products and production base for pollution-free agricultural products certification mark.

    14th agricultural cultivation, breeding base, as well as other plant poisonous and harmful substances exceeding the agricultural, aquaculture, harmless treatment should be carried out promptly, and shall not be listed for sale.

    Slaughterhouses, livestock feeding base (field) and other places not passed quarantine inspection or the livestock and their products of death, cause of death unknown, infected poultry faeces shall promptly in accordance with the relevant provisions of the decontamination, should not be discarded.

    Section II food production and processing enterprises

    15th engaged in food production and processing, health permit shall be obtained in accordance with the relevant provisions of the food and food production licenses, in accordance with the relevant provisions of the food safety and quality management in the production of processed food.

    16th in food production and processing enterprises should establish food safety tracking system. Food production and processing enterprises in the procurement of food and raw materials obtained the qualification certificate shall, in accordance with national provisions, keep raw materials, semi-finished products and finished products inspection before delivery record, and a sample.

    Reserve samples should be in accordance with the variety, lot number, store sample library will be enhanced.

    Health, Department of quality and technical supervision administration in accordance with their respective responsibility develop implementation plan and organize the implementation of food safety tracking system.

    17th inspection system should be established in food production and processing enterprises, establish health and quality commensurate with the scale of production laboratory, testing on the production and processing of food.

    18th in food production and processing enterprises shall, in accordance with health standards and regulations for the production and processing of food hygiene inspection or entrust a qualified Inspection Agency inspection, health inspection certificate issued.

    19th in food production and processing enterprises shall, in accordance with product standards and quality requirements for the production and processing of food inspection. Food production and processing enterprises should have product inspection capabilities, with commensurate with production quality testing and measurement methods.

    Does not have the inspection capacity of the Enterprise shall be commissioned by the State administration of quality supervision, inspection and quarantine announced, a qualified inspection agencies for product inspection. Access to food production licenses and product inspection capabilities of enterprise, you can test its food production license within the scope of the license to the production and processing of food quality.

    Otherwise provided in the country for some special testing of food, in accordance with the relevant provisions of the State.

    20th implementation of food quality and safety market access system of food must be printed before delivery (paste) food quality and safety market access "QS" signs "QS" logo should be the minimum sales unit of food packaging or label print (post).

    Chapter III food business management

    First the food business management

    21st purchase food business operators should establish an inspection system, obtain the incoming goods inspection and quarantine certificates, and establish account.

    22nd food operators should be without inspection and testing of agricultural products for testing, must not operate without detection or detection of food. The city's hotels, restaurants, hospitals, schools, kindergartens, and other enterprises and food units, such as purchases of government-certified food production bases of agricultural products or the food for testing, inspection, and quarantine.

    Purchase of food poisoning incidents caused by substandard food, hold unit and its main leaders and persons accountable. 23rd city, district, county-level cities relevant functional departments should strengthen the monitoring of food safety, food on a regular basis to carry out the inspection and guidance, supervision and inspection activities in enterprises and industries, establishing food safety detection system, configure the mobile food safety monitoring facilities.

    Found not to comply with the mandatory standards of food quality and health safety requirements can seal up, distrain, and timely delivery of product quality inspection agency review, review the qualifying, compulsory administrative measures shall be terminated immediately.

    Municipal, district, municipal people's Government at the county level shall organize relevant departments to agricultural production base and food markets, food production and processing enterprises for joint checks, and checks and according to the results published on a regular basis. 24th article of the municipal food security communications system.

    Municipal Governments should establish a food security information service platform, regularly publish information on food safety, and to provide reports and information service for consumers.

    Section II food market management

    The 25th food market in these measures refers to the wholesale food market, meat dishes (agricultural) market, food supermarkets.

    Government support and encourage the establishment and development of fresh food supermarket to encourage existing meat dishes (farmer) upgrade market or supermarket transformation.

    Meat dishes (farmer), business, improvement of market conditions and requirements by the administrative departments for industry and commerce, planning, health, environmental protection departments separately.

    Article 26th meat dishes (agricultural) market, wholesale food markets should be in line with the urban planning, the commercial network development plan and the establishment of conditions.

    Meat dishes (agricultural) market, a wholesale food market conditions, by the relevant departments for business planning, business, agriculture, health, environmental protection and other administrative departments.

    The 27th article of the municipal food market Manager responsibility system.

    Market operators on the market within the management responsibility of food safety.

    28th market operators have the following responsibilities:

    (A) equipped with food markets and food operations, which adapts to the number of facilities equipment and full-time food sanitation and safety quality supervision and management;

    (B) allocation and food markets to adapt to the size of facilities; to operate a food market in the conduct of inspections, testing and inspection according to relevant regulation;

    (C) coordinates the administrative supervision and management departments supervise the market legitimate business management industry door, push marketing sales management industry door in inspection and quarantine of food;

    (D) organizing regular health checks on food business operators; coordinate with relevant administrative law enforcement departments to implement the provisional control measures;

    (V) verification, registration for operating within the business license, tax registration certificate, and various business licenses;

    (Vi) signed a food safety agreement and operating management industry door, clear responsibilities, on their sales of food security commitment to our customers in the field;

    (VII) market operators should be established in the market place warning signs on the market in the management industry door record to be published on a regular basis.

    Section III management of waste edible oil

    29th prohibits using waste edible oil for food processing.

    Referred to in this way waste edible oils, including food production and management process does not meet the standards of food hygiene in animal and vegetable fats, from "slops" in the refining of oil and oil-containing wastewater, oil-water separator or grease grease separation treatment.

    30th units shall comply with the requirements of the waste edible oils to truthfully, county environmental protection authorities of waste edible oil type, quantity, recycle units.

    31st waste edible fats and oils should be consistent with the approach the 32nd, article 33 conditions unit, processing, is forbidden.

    32nd waste edible oil recovery unit shall comply with the following conditions:

    (A) master knowledge in prevention of pollution from waste edible oil collection service;

    (B) compliance with environmental, health and public security traffic management requirements of transportation;

    (C) the trans-shipment of waste edible oil storage sites and their facilities comply with environmental protection requirements.

    Recycling units with area, the County Department of environmental protection administration signed waste cooking oil recycling environmental responsibility agreement, and waste edible oils and waste edible oil processing units signed agreement.

    33rd waste edible oil processing units shall comply with the following conditions:

    (A) place of business in accordance with urban planning and environmental planning;

    (B) has mastered technology of waste edible oil processing professionals;

    (C) meet the environmental protection requirements of pollution control facilities.

    Waste edible oil processing units with district and county-level cities waste edible oil processing and environmental protection Administrative Department of environmental protection signed responsibility agreement, and waste edible oils and waste edible oil recovery unit signed the agreement.

    Article 34th waste cooking oil recycling, processing units shall comply with the following provisions:

    (A) the establishment of waste edible oil source, quantity and destination of the machine account system;

    (B) a single waste edible oil transfer system;

    (C) establish and improve the system of trained and certified operators;

    (D) in accordance with the provisions of the standards governing pollutants.

    The fourth chapter legal liability

    35th production of processed foods of any of the following acts, the following administrative penalties: (A) violation this approach 11th article first paragraph provides of, by agricultural administrative competent sector ordered corrected, and sentenced 1000 Yuan above 50,000 yuan following fine; violation 11th article second paragraph provides, slaughter factory (field) factory (field) of meat products not stamped meat products test qualified chapter, and veterinary quarantine qualified chapter, or not has animal products quarantine qualified proved and livestock products test qualified proved of, by commercial administrative competent sector confiscated meat products and illegal proceeds, can and at illegal business amount 3 times times following fine

    ; Violation of the article 11th paragraph, be warned by the quality and technology supervision departments, and shall be ordered to correct.

    (B) violations of the 13th paragraph these measures, by the Administrative Department of agriculture ordered corrective action and collect marked, confiscate the illegal income, and illegal gains shall be sentenced to 1 to twice times the fine.

    (C) violations of the provisions of article 14th, given by the supervising agencies for animal epidemic prevention warning refuses, for processing by the supervising agencies for animal epidemic prevention law, required the violator's expense. (Four) violation this approach 15th article provides, not made food health license engaged in food production business activities of, by health administrative competent sector be banned, confiscated illegal proceeds, and sentenced illegal proceeds 3 times times above 5 times times following fine, no illegal proceeds of, sentenced 1000 Yuan above 30,000 yuan following fine; not made food production license unauthorized production of, by quality technology supervision sector ordered its stop production sales, deadline made food production license, and at illegal production sales products goods value amount 15%

    To 20% fine, has illegally obtained, confiscation of illegal income losses, shall be investigated for criminal responsibility.

    (E) violating these rules article 16th, by the health Administrative Department quality and technical supervision departments and in accordance with their respective functions warning and order them to correct.

    (F) disobey article 18th, food production and processing enterprises are not on the production and processing of food hygiene inspection, or no health inspection certificate is provided, the Department of health administration fined 1000 Yuan and 30,000 yuan fine.

    (Seven) violation this approach 19th article provides, food production enterprise not has products factory quality 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 according to 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.

    (VIII) disobey the 20th article, made food production license of the enterprise, is not in accordance with the regulations on the food packaging printing (with) "QS" logo, by the quality and technology supervision departments shall be ordered to correct serious, to a 30,000 yuan fine, revoked the food production licenses.

    36th food business has one of the following acts, the following administrative penalties:

    (A) disobey the 21st article does not establish the incoming inspection system or account, the industrial and commercial administrative authority shall order correction within, overdue change, below 1000 Yuan fine does not perform checking system has been established, the Administrative Department for industry and commerce shall order rectification, and concurrently impose a fine of less than 200 Yuan.

    (B) violate the provisions of article 22nd of this approach, the Department of agriculture administration penalty of 5000 Yuan and 20,000 yuan.

    (C) violation of the provisions of the first paragraph of article 29th of this approach, by the health Administrative Department shall be ordered to stop production and operation, confiscate the illegal income and imposed illegal gains more than 1 time 5 times less fine; no illegal income, and fined 1000 Yuan and 50,000 yuan fine; the circumstances are serious, their hygiene license withdrawn.

    (D) violations of the provisions of article 30th by the municipal, district, a city Administrative Department of environmental protection a rectification, and a 10,000 yuan fine.

    (E) violation of these measures article 31st and waste edible oils referred to these measures are not in line with the 32nd article, article 33 conditions unit, processing, by the district or county-level city environmental protection department fined 30,000 yuan fine.

    (Vi) condition of violating these rules set forth in the 32nd, 33, of unauthorized waste cooking oil recycling, processing activities, by the district or county-level city environmental protection Department be ordered to desist from the illegal act, confiscate, may be fined a maximum of 10,000 yuan.

    (VII) in violation of these regulations article 34th, machine account system has not been established, not a single waste edible oil transfer system, by the district or county-level city environmental protection department fined 30,000 yuan fine.

    37th article market operators violation this approach 28th article subsection (a), and (five), and (six), and (seven) items provides of, by business administration sector ordered deadline corrected, late not modified of, at 3000 Yuan fine; violation 28th article subsection (ii), and (three), and (four) items provides of, by business administration sector sentenced 20,000 yuan following fine.

    Article 38th in adulterate food producers and sellers, with impurities, shoddy or substandard products as qualified product, which constitutes a crime, by judicial organs in accordance with the People's Republic of China Criminal Code article 140th held criminally responsible.

    39th in violation of these regulations, refuse or obstruct the national staff from performing their duties, by the public security organs in accordance with the People's Republic of China on public security administration punishments Act; the use of violence, threat, constitutes a crime, the judicial organs in accordance with the People's Republic of China Criminal Code dealing with.

    40th, Commerce, agriculture, quality supervision, public health, industry and commerce, environmental protection and other administrative staff in food safety supervision and management departments of activity, failure to comply with these rules of the corresponding duty or abuse of power, dereliction of duty and favoritism, bribe, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    41st these measures come into force on April 1, 2004.