Circulation, Hebei Province, Food Quality And Safety Supervision And Management Interim Provisions

Original Language Title: 河北省流通环节食品质量安全监督管理暂行规定

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(December 11, 2007 Hebei Province Government 92nd times Executive Conference considered through December 29, 2007 Hebei Province Government makes 2007 15th, announced since February 1, 2008 up purposes) first article for strengthening circulation link food quality security of supervision management, guarantees human health and life security, according to State on strengthening food, products security supervision management of special provides, about legal, and regulations of provides, combined this province actual, developed this provides.
    Article in circulation within the administrative area of the province engaged in the food business and related supervisory activities shall abide by these provisions.
    Otherwise stipulated by laws, administrative regulations, and from its provisions.
    Third administrative areas of industrial and commercial administrative departments in charge of the circulation of food quality and safety supervision and administration.
    The people's Governments above the county level responsibilities relating to supervision and management departments in accordance with the regulations, do the circulation of food quality and safety-related work.
    Fourth article of any unit and individual have the right to industrial and commercial administration departments or other relevant supervision and management departments to report violations of the provisions of the Act.
    Administration of industry and Commerce and other relevant supervisory and administrative departments shall establish and improve the reporting system, announced to the public the Department's e-mail address, or telephone, to receive and investigate and punish reported crimes in a timely manner, and the informer confidential.
    Article fifth Administration for industry and Commerce and other relevant regulatory departments should play the commercial credit industry associations in the food industry-building and the role of industry self-regulation, education food quality and safety food operators comply with the laws, regulations and national standards, enhancing the awareness and self-discipline of food business operators.
    Sixth article food concentrated trading market opened who, and food fairs held who and food business counter rental enterprise, should review food operators of business qualification, clear food operators of food security management responsibility, regularly on food operators of business environment, and conditions, and internal food quality security management system and business of food whether meet statutory requirements of situation for check, found sales not meet statutory requirements of food or other violations Shi, should timely stop, and immediately report local business administration sector.
    Article seventh food operators should be responsible for the sales of food quality and safety, shall sell food does not meet the statutory requirements.
    Article eighth food business operators shall identify bodies or persons responsible for food quality and safety, and buy-by-batch inspection for quality and safety of food.
    Nineth food operators are required to establish and implement incoming inspection system testing supplier qualification, identified food certificates and product identification and establishment of food purchase ledger, faithfully record the name of the food, varieties, specifications, quantity, supplier and contact methods, production date, arrival time, or shelf life shelf life and so on. Engaged in wholesale business of food business operators shall set up food sales account record wholesale food names, varieties, specifications, quantity and flow of content.
    Centralized trading market in food sales of homemade food, should apply mutatis mutandis to wholesale food business operators the obligation to set up food sales account.
    Purchase ledger and sales ledger retained for periods of not less than 2 years. Tenth Article following food ban sales: (a) not by national about mandatory standard of requirements for label mark of pre packaging food; (ii) over shelf life or shelf life of food; (three) by senses identification has corruption metamorphic, and oil Rancidity, and mildew, and health insect, and filthy not clean, and mixed has foreign body or has other senses characters exception of food; (four) violation national provides no certificate ming of food; (five) law should quarantine, and test but not for quarantine, and test, forged quarantine, and test results or by quarantine, and
    Test not qualified of food; (six) not meet about food quality security standard, or not meet to products description, and real samples, way showed that quality status of food; (seven) contains national ban using or over standard of on human toxic, and harmful material of food; (eight) in accordance with national provides implemented food quality security market access system but not in packaging of significantly location clear marked corresponding logo of food.
    11th food trader selling processed cooked foods in bulk, should express food name, list of ingredients, producers (suppliers) the name and address, matters such as production date, shelf life or expiry date, and depending on the type of food and the quality requirements, take shelter, cover, respectively, among other measures. Article 12th fixed premises or counter food operators selling pre-packaged food labelling on the food refrigerated or frozen requirements, food business operators shall label by label temperature of stored food.
    Sales of other food quality and freshness need to be refrigerated or frozen, refrigerated or frozen food business operators shall taken measures. 13th food producers found that production of its food safety problems exist, can cause damage to human health and safety, shall be announced to the public for information, inform the food business operators to stop selling, advised consumers to stop eating, is voluntarily recalling food, and reports to the relevant regulatory authorities.
    Food business operators shall immediately stop the sale of the food.
    Food business operators found that sales of its food safety problems exist, can cause damage to human health and safety, should immediately stop selling the food, and inform the producer or supplier, to report to the relevant regulatory authorities and returned to the supplier in a timely manner or destruction, for treatment and other effective measures.
    14th industrial and commercial administrative departments can use Visual inspection, rapid inspection or sampling inspection method for sales of food quality supervision and inspection according to inspection, examination results do not meet the legal requirements of food taken to immediately stop sales, withholding, hold temporary control measures and make a decision according to law.
    Rapid HIV testing should be used to the standards of testing equipment and included in the national standard test method.
    15th industrial and commercial administrative departments shall, in accordance with relevant mandatory standards, producers express implementation of standards or the quality of commitment, judging the quality of food. Article 16th food sales food carry out quality checks and inspection shall not be charged.
    Inspection, testing food samples should be required to buy, food business operators shall not be required provided free.
    17th industrial and commercial administrative departments of monitoring and checking the quality and safety of food, food business operators shall provide food coupons, books, sources, quantity, inventory, inventory, sales and other relevant circumstances and information shall not be refused on any grounds or obstacles.
    Article 18th food operators for industrial and commercial administration departments of inspection, examination disagrees with the results of the May 5th days after receipt of the results of inspections, tests, according to law to organize the implementation of food quality supervision and inspection of the industrial and commercial administrative departments or the industrial and commercial administrative departments to apply for review at a higher level.
    Results of inspection and testing errors for damage caused to individuals, shall bear the liability for damages. 19th of circulation industry and Commerce administrative departments did not meet the legal requirements of food, this level shall be announced to the public and to inform the relevant regulatory authorities of its name, type, size, batch, producers, managers, and results of inspections, tests, and order the food business operators within their respective administrative areas to stop sales of the same producers with variety, the same specification, with batches of food.
    Caused by transport, storage, except food does not meet the statutory requirements.
    Article 20th shall, jointly with relevant departments and units of the Administrative Department for industry and commerce, establish emergency response mechanism of circulation of major food safety accidents, develop emergency response plan for major food safety accidents.
    When the circulation of major food safety accidents, industrial and commercial administrations and other relevant departments and units should be in accordance with responsibilities under the emergency regulations, and promptly report to the people's Governments at the corresponding level, emergency handling of the accident.
    21st article business administration sector of staff in circulation link food quality security supervision management work in the has following behavior one of of, law give administrative sanctions: (a) shield, and indulgence food business violations of; (ii) to sales not meet statutory requirements food of party informed information, help its escape investigation of; (three) investigation food business violations Shi dereliction of, and malfeasance, caused serious consequences of; (four) other abuse, and negligence, and engages in of behavior. 22nd in violation of the provisions of article sixth, seventh and Nineth and tenth, 13th article, industrial and commercial administrative departments shall, in accordance with the provisions of relevant laws and regulations will be punished.
    Provisions of the relevant laws and regulations are not made, the Administrative Department for industry and commerce shall order correction within, and has illegally obtained illegal gains of more than 1 time fined not more than three times, but not more than 30,000 yuan; for there is no illegal income or the illegal income cannot be calculated, fined 500 Yuan and 10,000 yuan fine.
    23rd violates this article eighth, 11th, 12th article, the industrial and commercial administrative authority shall order correction within; it fails to mend, fined 100 Yuan more than 2000 Yuan fine.
                                                                  24th article of the regulations come into force on February 1, 2008.