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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

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Decision of the Government of the Plurinational State of the Republic of China on the revision of the Food Security Monitoring Scheme in the State of Hiroshima

(The 15th ordinary meeting of the People's Government of the Grand State of 14 May 2012 considered the adoption of the Decree No. 84 of 30 July 2012 on the date of publication of the date of publication)

At the 1415th Standing Conference of the Municipal Government, the Government decided to amend the Food Security Monitoring Management Approach to the Hiroshima City as follows:

Article 23 amends “on-site monitoring and settlement” as “calling, seizure”.

This decision is implemented since the date of publication.

The Modalities for Food Security Control in the Hiroshima City were released in accordance with this decision.

Annex: Modalities for food security monitoring (Amendments of 2012) (published by Decree No. 1 of 28 February 2004 [2004] of the People's Government of the State, 30 July 2012)

Chapter I General

Article 1 ensures the health and life safety of the people, in line with the relevant laws, regulations, such as the Food Health Act of the People's Republic of China, the People's Republic of China Product Quality Act, and develops this approach in the light of the reality of the city.

Article 2

The testing of food imports and exports and monitoring are carried out in accordance with the relevant national provisions.

Article III refers to food items such as food, vegetables, dairy, water products, and poultry livestock products, as well as products that are traditionally both food and pharmaceutical products, including planting, unprocessing or primary processing of food, vegetables, vegetables, fertilizers, water products, and fertilizers, as well as products that are processed, produced for cooking or drinkable, but not for treatment.

Article IV.

This approach refers to the fact that foods operated in this city should be inspected, tested, and that avian livestock product should be subject to quarantine, in line with national, provincial and municipal quality health safety requirements, without testing, testing, quarantine or testing, testing, and unqualified food management systems.

The Government encourages and leads businesses to produce quality foodstuffs. For foods that are free of charge, green food, organic food, brand products, etc., or are certified and operated by brands, may be exempted from inspection during the reporting period or certification period.

Article 5

Food producers should carry out self-assessments of foods operated by production or entrust with the inspection, testing of institutions with corresponding qualifications.

Industry associations should strengthen the supervision and self-regulation of the industry.

The relevant executive authorities of the urban, district and district levels should establish and improve food safety tests, testing systems; conduct testing, testing of all types of foods on a regular basis; guide, regulate, monitor self-assessment and industrial self-regulation of food producers.

Article 6. The Government of the city has established the Food Security Monitoring Management Team to harmonize the management of food safety oversight.

The Governments of the various districts, districts and municipalities are responsible for the management of food security in this area.

Article 7. The relevant administrative authorities of the Government shall, in accordance with the following provisions, manage food safety oversight:

(i) Business administration authorities are responsible for industrial guidance and management in the area of food circulation; refurbishing and regulating food circulation order; advancing institutional reforms in food circulation; establishing a sound food safety testing system; monitoring and management of the processing of veteran livestock products; and clearances established by the Avian livestock plant (ground); planning and adaptation of the entire city food operation network sites; and supervision of food seizures, retail markets in coordination with relevant sectors.

(ii) Agricultural administrative authorities are responsible for the planning and organization of the food-use production base; the implementation of the quality safety monitoring system for agricultural products; preventive, quarant and quality safety monitoring of flora and fauna and their products; the production, operation, use, supervision, etc., of seeds (increation, livestock), fertilizers, pesticides, veterinary pharmacies; and municipal feed management responsible for the production, operation, use and management of production, such as feeding additives.

(iii) Quality-technical oversight services are responsible for monitoring the management and quality of food-processing enterprises; organizational implementation and oversight management of the food quality security market system; development and monitoring of agricultural standard norms such as the organization of agricultural products; and supervision management for food quality certification.

(iv) Health administration authorities are responsible for overseeing the management of food hygiene in the areas of food production processing and circulation; clearance of food health permits; implementation of the quantification management system for food health surveillance; and improvement of the food pollutant monitoring network.

(v) Supervision of food operations in the business administration sector; registration of food-producing businesses and individual businessmen; supervision of the quality of food in the area of circulation; identification of violations of the law and undocumented, processed and operated food.

(vi) Environmental protection administrative authorities are responsible for the supervision of food-growth plants (grounds), food production bases and operating sites and pollution control.

(vii) Relevant administrations such as public security, planning, food medicine regulation, within their respective responsibilities, contribute to the safe supervision of foodstuffs.

Article 8

Chapter II Food production process management

Section I

Article 9. Governments of the urban, district, district and district levels should, in practice in the region, develop agricultural plantations consistent with health, quality, environment, safety standards, nutrient base planning; and promote agricultural production, the establishment and development of the breeding base.

The executive authorities, such as urban agriculture, environmental protection, should guide and monitor the construction of agricultural plantations and breeding bases in accordance with their respective responsibilities.

Article 10 Agricultural cultivation and the promotion base should introduce a safety tracking system for agricultural products. The development of production technology protocols, the establishment of production record files, documenting the use of pesticides, fertilizers, veterinary medicines, fish feeds and feed additives, as well as sanitary, quarantine, etc.

Other agricultural plantations, breeders should record the use of pesticides, fertilizers, veterinies, fish pharmacies, feeds and feed additives, in the light of the management approach of the production base.

The implementation of the agricultural safety follow-up system has been developed and implemented by municipal agricultural administration authorities in accordance with their responsibilities.

Article 11. Agricultural cultivation and raising bases should establish a safety test system for agricultural products and provide prequalification certificates for agricultural testing.

The livestock dying plant (at the site) should have a qualification certificate from the quarantine sanitary surveillance body in more than sanitary sanitary sanitary stations; the meat from the plant (ground) should be added to the prequalification chapter of the cervical veterinary therapy and the veterinary sanitary sanitary chapter of the current municipal animal protection monitoring body, as well as a sanitary certificate of eligibility for the sanitary products from the sanitary monitoring body in the city.

After processing, packaging of agricultural products should be labelled on products packaging. The label shall be presented in Chinese as a product standard date, product name, net weight, production base, processing units, production date, maintenance period etc.

Article 12 Agricultural cultivation and raising bases should establish a safety commitment system for agricultural products.

Agricultural, health administrative authorities and operators should be committed to the safety of their products before the production market is produced.

The agricultural planting safety commitment system is developed and implemented by the municipal agricultural and health administration authorities in accordance with their respective responsibilities.

Article 13

Agricultural producers may apply for the accreditation of non-violent agricultural products and non-judicial agricultural production bases, in accordance with the provisions of the Non-Accreditation Process and the Process for the Certification of the Production of Native Agricultural Products.

Through national or provincial certifications, the certified markings can be marked in the production base and agricultural products and their packagings; the certification of the production base for non-violent agricultural products and non-violent agricultural products cannot be used without national or provincial certification.

Article XIV Agricultural cultivation, breeding base and other plantations, and the promotion of agricultural products with toxic hazardous substances should be treated in a timely manner and without marketing.

Aclamation, avian livestock breeding base (ground) and other places that are not eligible for quarantine or sick, death due to unknown ultry and products shall be treated in a timely manner in accordance with the relevant provisions and shall not be abandoned.

Section II

Article 15. The process of food production should be carried out in accordance with the relevant provisions for the acquisition of food health permits and food production permits and the production of processing food in accordance with the relevant provisions of the food health and quality management.

Article 16 should establish a food safety tracking system.

The procurement of food and its raw materials by food-processing enterprises and their raw materials should be inspected in accordance with national regulations to maintain the testing records of raw materials, semi-materials and pre-entry products and to retain samples. The remaining samples should be stored in a separate pool based on the type of goods and the number of copies.

The executive authorities of municipal health, quality technology oversee the implementation of the food safety tracking system in accordance with their respective responsibilities.

Article 17: Food-productive processing enterprises should establish testing systems, establish health and quality testing cells adapted to the scale of production, and test food for their production processing.

Food production processing enterprises should conduct health tests for foods processed in the production process of this enterprise, in accordance with health standards and hygiene management provisions, or commission a corresponding test agency with the qualifications of health tests.

Article 19 Food-product-processing enterprises should carry out food tests for the production of this enterprise in accordance with product standards and quality management provisions.

Food-processing enterprises should have a product trailer capability with quality testing and measurement tools adapted to the products produced. Enterprises that do not have the capacity to test the plants should be delegated to the National General Directorate for Quality Monitoring to conduct a product test by means of a uniformly published and qualified inspection body.

The acquisition of food production permits and the ability to produce plants can test themselves the quality of food that is part of the food production licence. The State's test of certain special foodstuffs is provided in accordance with the relevant national provisions.

Article 20 implements food security market access systems, which must be preceded by the “QS” mark on the quality of food security; the “QS” mark should be supplemented by food packaging or labelling of the lowest sales unit.

Chapter III Food operation management

Section I

Article 21 Food operators should establish a system of inspection of cargoes, request for tests, quarantine qualification certificates, and establish bank accounts.

Article 2 Operators of the Food Market should test untested and tested agricultural products and not operate without detection or detection of non-qualified food.

Collective meal units such as the city's hotels, bars, hospitals, schools, kindergartens, institutions and other businesses should procure the products of the food production base certified by the Government or the testing, testing, quarantine-friendly food. The procurement of non-qualified food causes poisoning of food, accountability for prosecution units and their principal leadership and direct responsibilities.

The relevant functional sectors of the city, district, district and district levels should enhance food security surveillance, conduct regular food tests and guide, monitor business and industry testing activities, establish a rapid food security monitoring mechanism and deploy food safety monitoring facilities. Foods found to be incompatible with quality health safety requirements, such as mandatory standards, can be sealed, seized and sent to the product quality testing body in a timely manner to review and re-qualified and should immediately lift administrative coercive measures.

Governments of the urban, district and district levels should organize joint screenings of agricultural production bases, food-processing enterprises and food markets in the relevant functional sectors, and will be made available on a regular basis, in accordance with the law.

Article 24 of this city introduces a food security information system. Municipal governments should establish a food safety information service platform, publish regular food safety information and provide consumer reporting and information access services.

Section II Management of food markets

Article 25 The food market as described in this approach is the food-continuing market, the meat (agriculture) market and the food supermarket.

The Government has supported, encouraged the establishment and development of the rift city and encouraged the upgrading or militarization of existing meat (agriculture) markets.

Restructuring of the meat (agriculture) market is developed by the municipal business administration authorities with the business, planning, health and environmental sectors.

Article 26 establishes the market for meat (agriculture) and the food-for-food market should be in line with the city's urban planning, business networking development planning and setting conditions.

The conditions established in the meat market, the food-contingent market are developed by commercial administrative authorities in conjunction with administrative authorities such as planning, business, agriculture, health, environmental protection.

Article 27 of this city imposes a system of responsibility for the operators of the food market.

Market operators are responsible for the management of food security in their markets.

Article 28 Operators have the following responsibilities:

(i) Managers with facilities that are adapted to the size of the food market and the quantity and quantity of foodstuffs;

(ii) Configuration of testing facilities adapted to the size of the food market; screening, testing and inspection of operating food in the market;

(iii) Coordinate with the administrative supervision management to promote the lawful operation of the industrial sector in the market, and to promote the marketing of the occupants in the market, and the quarantine food;

(iv) Organizing regular health inspections for food operators; and implementing temporary control measures in cooperation with the relevant administrative law enforcement authorities;

(v) licenses, tax registration certificates and various types of operating licences for operators operating in the registry area;

(vi) A food security agreement with the host operators to clarify the responsibility of both parties and to commit to the customers for the safety of food sold within their sites;

(vii) Market operators should establish warning cards at market locations, which are regularly published for poor records of operators in the market.

Section III

Article 29 prohibits the use of residues for food processing.

The treatment of residues, including flogging of flora and fauna that are not in line with food hygiene standards in the course of the operation of food production, oil from “greed water” and oil residue wastewater, oil sequestration and oil residue residues resulting from the treatment of oilwater sequestrationals or distributors.

Article 33 units that produce residues should be reported to the local, district-level environmental protection authorities, if required, to produce the types, quantity, recovery units that have abandoned food residues.

Article 31 shall be recovered, processed and disposed of by units consistent with the conditions set out in articles 33 and 33 of this approach.

Article III shall be subject to the following conditions:

(i) A collector with knowledge of the environment to prevent the contamination of residues;

(ii) There are transport tools that meet requirements in the areas of environmental, health and public safety transport management;

(iii) Removal storage sites and their facilities are in compliance with environmental protection requirements.

The Recycling Unit shall enter into an agreement on environmental liability for the recovery of food residues with the local, district and municipal environmental protection authorities, as well as an agreement on the disposal of food residues with the residue process units.

Article 33 shall be subject to the following conditions:

(i) The place of operation is in line with urban planning and environmental planning;

(ii) Professionals with disposal techniques for residues;

(iii) Constraint facilities that meet environmental protection requirements.

The residue process unit shall enter into a licence agreement on environmental responsibility for the disposal of residues, and the non-removable oil residues disposal agreement with the territorial district, district-level administrative authorities for environmental protection.

Article XIV Recycling and processing units should comply with the following provisions:

(i) The establishment of a system of defaulting sources, quantities and devolutions;

(ii) The introduction of a system for the transfer of food residues;

(iii) The establishment, training and accreditation system for sound operators;

(iv) Contatives resulting from the standard governance established.

Chapter IV Legal responsibility

Article 33 XV provides for the following administrative penalties:

(i) In violation of article 11, paragraph 1, of this approach, the administrative authorities of the agricultural sector are responsible for the correction of orders and fines of up to 50 million dollars; in violation of article 11, paragraph 2, the physical material of the zizure plant (ground) is not subject to the supervision of the competent chapter, the veterinary therapy, or the lack of qualified certificates of animal product quarantine and the identification of livestock products, the confiscation of meat and proceeds of the offence by the commercial administrative authorities and the operation of fines in violation of article 11, paragraph 3, of the technical supervision.

(ii) In violation of article 13, paragraph 3, of this approach, the responsibility of the agricultural administrative authorities shall be changed, the seizure of their mark, confiscation of proceeds of the violation and fined between 1 and 2 times the proceeds of the violation.

(iii) In violation of article 14 of the present approach, warnings are given by animal protection monitoring bodies; denial of correction is being handled by animal protection monitoring bodies by law and the treatment of the costs is borne by the offender.

(iv) In violation of article 15 of this approach, the failure to obtain food-health permits for the operation of food production is prohibited by the health administration authorities, forfeiture proceeds of law, and imposes a fine of more than three times the proceeds of the offence, with no fine of up to 3,000 dollars in violation of the law; failure to obtain food production licences for self-product production, by virtue of which the quality technical supervision is responsible for the cessation of the sale, the time limit for the acquisition of food production permits, and a fine of 15 to 20 per cent of the proceeds of the sale of the offence;

(v) In violation of article 16 of this approach, the health administration authorities and the quality technical supervision sector are warned in accordance with their respective functions.

(vi) In violation of article 18 of this approach, food-processing enterprises do not carry out health tests for the processing of food, or do not provide a certificate of eligibility for sanitation tests, with a fine of more than 3,000 dollars for the health administration authorities.

(vii) In violation of article 19 of this scheme, food-producing enterprises do not have a product quality test capability and are not subject to a prescribed inspection of the plant, or the food-producing enterprises have a product test capability, which is not tested by the quality technical supervision sector, are converted to the time limit by the quality technical supervision sector; the delay or circumstances are severely fined by 3,000 dollars; and, in serious circumstances, the release of food production permits.

(viii) In violation of article 20 of this approach, enterprises that have obtained food production permits are not allowed to be added to the “QS” mark for food packaging (subject to food) and are converted by the quality technical supervision sector; in the event of severe fines of up to 3,000 yen for food production.

Article 36 operated by one of the following acts:

(i) In violation of article 21 of this approach, the failure to establish a vetting system or bank accounts, the change of time limits by the business administration sector, the delay and the imposition of a fine of up to 1,000 dollars, the non-implementation of the already established inspection receipt system, the conversion of the business administration sector to the record and the fine of up to 200 dollars.

(ii) In violation of article 22 of this approach, the agricultural administrative authorities impose a fine of more than 5,000 dollars.

(iii) In violation of article 29, paragraph 1, of the scheme, the sanitary administrative authorities are responsible for halting the production of the operation, forfeiture the proceeds of the conflict and impose a fine of more than five times the proceeds of the violation; and impose a fine of up to 500,000 dollars in the absence of the proceeds of the offence; and, in the event of a serious suspension of health permits.

(iv) In violation of article 33 of this approach, the period of time is changed by the executive authorities of the municipality, district, district and district to the environment, with a fine of up to 10,000 dollars.

(v) In violation of article 31 of this scheme, the residues of the residues are transferred to units that are not in compliance with article 32 of the present approach and the conditions laid down in article 33, which are subject to a fine of up to 30,000 dollars for the environmental protection sector at the district, district level.

(vi) In violation of article 32, article 33, of this approach, unauthorized recovery and processing activities for the disposal of food residues are carried out, and the environmental protection sector at the district, district and district levels is responsible for the cessation of the offence and for the confiscation of proceeds of illicit exploitation, which may be fined by $ 10,000.

(vii) In violation of article 34 of this approach, the absence of a system of devoting, the non-implementation of the residues transfer unit system, with a fine of up to 30,000 dollars for the environmental protection sector at the district, district level.

In violation of article 28, subparagraphs (i), (v), (vi), (vii) of this approach, the market operator is subject to a fine of €300,000 in the business administration, in contravention of article 28, subparagraphs (ii), (iii), (iv), and a fine of up to $20,000 for the business administration sector.

Article 33 Eighteen producers, sellers are diffused in foods and are used as a recuperation, with subsidised or unqualified products, constituting criminal liability by the judiciary in accordance with article 101 of the People's Republic of China Criminal Code.

In violation of this approach, the denial and obstruction of the functioning of the State's staff is dealt with by public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China; the use of violence, threat methods constitute crimes by the judiciary in accordance with the People's Republic of China Criminal Code.

Article 40 Staff in the executive branch of the city's commerce, agriculture, quality, health, business and environmental protection are not performing the corresponding duties under this approach or abuse of authority, negligence, in favour of private fraud, bribes, subject to administrative disposition by law, which constitutes an offence, and are criminalized by law.

Chapter V

Article 40