Circulation Of Hubei Province Food Safety Supervision And Administration

Original Language Title: 湖北省流通环节食品质量安全监督管理办法

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(June 18, 2007 Executive meeting consideration of Hubei Province on June 29, 2007, Hubei provincial people's Government promulgated as of August 1, 2007, No. 305) Chapter I General provisions article in order to strengthen the supervision and administration of circulation of food quality and safety, improving food quality, protecting the health and safety of consumers, in accordance with the relevant provisions, combined with the facts of the province, these measures are formulated.
    Article in circulation within the administrative area of the province engaged in the food business units and individuals (hereinafter referred to as food operator) shall abide by these measures.
    The third people's Governments above the county level shall bear overall responsibility for food safety within their respective administrative areas, unified leadership and coordination of food safety supervision and management in the region, for food safety supervision and administration to provide the necessary conditions and guarantees. Industrial and commercial administrative departments at and above the county level are responsible for supervision and administration of circulation of food quality and safety. Circulation of food safety supervision and administration and management carried out by the health at above county level, Business Administration Department in accordance with the provisions of relevant laws and regulations.
    , Commercial administrative departments for public health shall strengthen the food safety supervision and administration and business management.
    Food and Drug Administration above county level, quality and technical supervision, agriculture and other sectors within the scope of their respective mandates, shall perform the duty of supervision and management of food safety, mutual communication of information in a timely manner, the transfer case.
    Fourth article of any unit and individual have the right to industrial and commercial Administration Department or other relevant departments to report violations of these rules of conduct, and the monitoring of food quality and safety supervision and management.
    Industrial and commercial Administrative Department and other relevant departments should be subject to public supervision, supervision published telephone hotlines and the informer confidential.
    Chapter II responsibilities of food business operators article fifth food dealers shall, after obtaining the required licenses, may engage in business activities, and sales of food quality and safety. Sixth food business operators when operating, shall examine the food consistent with the identity is true, and meet the following requirements: (a) food quality inspection or quarantine, inspection certificate, (ii) shaped packing food marked in Chinese name, manufacturer's name and address, date of date of manufacture or packaging, shelf-life, and so on.
    Need prior let consumers knows of matters, should to appropriate of way be marked; (three) implemented food quality security market access system of food, must added posted food quality security market access logo; (four) food operators sales bulk food or itself points loaded food of, should to consumers express food name, and origin, and production enterprise, and production date or points loaded date, and shelf life; (five) national and province on food has other special provides of, by its implementation.
    Article seventh food an operator shall not operate a counterfeiting or fraudulent use of country of origin, name and address, license, health permit, quality certification marks identify foods shall not be forged, altered food date date of manufacture or packaging, shelf life.
    Article eighth food operators in the business activities, not doping, adulterate, no impurities, a defective product shall be subject to substandard food fake food, not misleading false propaganda, may not sell more than shelf life or spoilage of food, not marketing laws and regulations banning the sale of other food. Nineth food business operators should establish and implement incoming inspection of food inspection system, trading for the first time the food producer or supplier shall identify its business license and production permits, health permits, and save their copies.
    After verifying reviewed no less than once a year.
    Food operators to purchase food in batches to food producers or suppliers access to food quality inspection or quarantine and inspection certificates.
    Tenth food business operators should establish and enforce food purchase ledger systems, record suppliers, buying time, name and number, and shelf life of foods and other matters.
    Food business operators engaged in wholesale business, wholesale food sales accounting system should be established and implemented, record the purchaser, purchase time, name and number, and shelf life of foods and other matters.
    11th food business operators should establish and enforce food quality management system, according to the food shelf-life limits, regularly check the quality of food for sale food, inventory status, time expired, spoiled food.
    12th food business operators should establish and enforce food quality systems to ensure food provided by the corresponding food hygiene, quality standards or requirements. 13th food business operator shall establish and implement a delisting unqualified food, substandard food products, as well as laws and regulations prohibit operation of the food shall immediately stop sale, destruction and taken measures to deal with it.
    Already of serious danger to safety of food sold, in place of publication, and select the news media to cover the sales announcement, notify the purchaser immediately to stop the sale, consumption, food recalls, is responsible for the destruction.
    Article 14th after market shall obtain the required licenses in order to open market. For the food market of operators to provide undertakings shall perform the following obligations: (a) equipped with the size of the market and the food business, which adapts to the number of test facilities and equipment, management and food quality and safety, (ii) verification entry operator's business license, health permits, and other business documents. For operators to provide undertakings without a license is prohibited, and (iii) signed a food safety agreement and operating managers, identify food safety responsibilities, clear food quality inspection and sampling inspection measures. Both on its sales food of security to consumers made commitment; (four) organization about business personnel regularly for health check and built document; (five) urged operators sales after operators since check or market opened who checks test qualified of food; (six) in market significantly location established publicity brand, regularly announced food since check, and checks information and the business households of food quality security status records; (seven) tie business administration sector on market within by business of food for quality security checks,
    Coordinate with relevant administrative law enforcement departments to implement temporary food safety control measures.
    Market finds food operator acts in violation of these rules and shall promptly rectify; on the quality of food is due to the market sells food safety accidents, shall bear the relevant responsibility.
    15th food operators should be careful to deal with consumer complaints regarding food quality and safety, safeguard the legitimate rights and interests of consumers.
    Shopping malls, supermarkets, food wholesale markets should be identified and part-time in charge of consumer inquiries and complaints, dealing with food quality and safety disputes.
    16th the supervision and inspection of food business operators shall cooperate with the industrial and commercial administrative departments, deliver truthfully be food related tickets, books, contracts, place of supply, quantity, inventory, inventory, sales and other relevant information.
    17th chapter III food quality and safety supervision management of circulation industry and Commerce administrative departments of food quality and safety based on routine inspections and sampling a combination of supervision and management system.
    18th article business administration sector in circulation link food quality security supervision check in the, law exercise following terms: (a) on party suspected engaged in illegal activities of places implementation site check; (ii) to party survey understand and suspected illegal activities about of situation; (three) check out, and copy party about of contract, and invoice, and purchase and sale Taiwan account, and financial books and other about information; (four) on has evidence showed that serious against personal security of food, law take suspended sales, and seized or seized, measures;
    (E) destruction or supervised the destruction of prohibited foods; (vi) other functions stipulated by laws, rules and regulations.
    19th industrial and commercial administrative departments shall on the area of food business operators and trading place for regular patrols, check the qualifications of operators and incoming inspection and acceptance and so on self-regulation of the establishment and implementation of, check the source, identity and quality of the food, food quality and safety violations found and dealt with in a timely manner. 20th provincial industrial and commercial administration departments have organized circulation within the administrative area of the province, the quality of food sampling.
    City and county administrative departments of industry and Commerce approved by the provincial administration for industry and commerce, can be detected to be organized within their respective administrative areas.
    21st industrial and commercial administrative departments to sampling the food, shall, in accordance with the relevant laws and regulations and food quality and safety standards of sampling sampling rules, and according to the purchase price paid to the food business sample costs. Was detected, the detected any objection, since the date of receiving the test results in the 15th, and to organize the implementation of food sampling and testing of industrial and commercial administration departments or its superior industrial and commercial administrative departments to apply for review.
    Otherwise provided for by laws and regulations, from its provisions.
    22nd industrial and commercial administrative departments to test for substandard food, shall order the food operators to stop sales, timely corrective action. Testing identified as a serious danger to personal safety and substandard food, administration for industry and commerce shall order the food operators to immediately discontinue sales, recalls in a timely manner, and in accordance with the relevant provisions of the State published by appropriate means the food's name, batch, the parties, and the test results.
    Depending on your needs, provincial administration for industry and commerce may be ordered to stop sales in the administrative region of this province the same manufacturer with the varieties, specifications, lots of food, but in the transportation, storage, marketing and other aspects of food quality and safety problems caused by exception. Article 23rd can be authorized by the State administration for industry and Commerce Department of rapid detection method for nude, bulk food quality supervision and inspection and testing. Random person disagrees with the results of the sampling, sampling results within 4 hours from acceptance to apply for review. Review rapid detection methods can not be used. Rapid detection of errors the result to be damage caused by random people, shall bear the liability for damages.

    24th industrial and commercial administrative departments shall establish a circulation of food quality and safety alerts, rapid response and emergency response mechanisms.
    Area in which personal injury or seriously endangered public interests and social stability of food quality and safety accident shall immediately report to the local government as provided in emergency and higher authorities, and to take measures to control the movement of suspected food; by other sectors of food safety accidents, involved in food and related materials should be transferred to other departments in a timely manner.
    25th industrial and commercial administrative departments shall, in accordance with the relevant provisions of the State, and peer advocacy, and food and drug supervision and management departments joined hands to establish food safety information disclosure system, published in the news media, food premises food safety information.
    Fourth chapter legal liability article 26th staff of administrative departments for industry and commerce in circulation of food quality and safety supervision and administration, any one of the following acts, the level or superior administrative Department for industry and commerce shall order rectification, criticized in serious cases, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) the harboring and indulgence of violations of the food business, (ii) tipped off to illegal food operators to help them escape from investigation and (iii) conferred by these measures are failing to perform their duties of supervision and administration, of negligence, dereliction of duty causing serious consequences and (iv) other acts of abuse of power, negligence, malpractice.
    27th article violates this article fifth, sixth, seventh, eighth, 14th paragraph, by the administrative departments for industry and Commerce above the county level in accordance with the People's Republic of China product quality law, and of the People's Republic of China Consumer Protection Act and the unlicensed investigation against procedures, laws and regulations shall be investigated and prosecuted.
    28th article violates this article Nineth and tenth, 11th and 16th articles, industry and commerce administration departments at or above the county level shall be ordered to correct and give a warning; it refuses to, impose a penalty of 300 and 5000 Yuan.
    29th in violation of the provisions of article 13th, industry and commerce administration departments at or above the county level shall be ordered to correct, given a warning and a penalty of more than 300 yuan, 20000 Yuan in serious cases, punished in accordance with related laws and regulations constitutes a crime, criminal responsibility shall be investigated according to law.
    30th article violates provisions of the second paragraph of this article 14th, third paragraph, by the industry and commerce administration departments at or above the county level shall be ordered to correct and give a warning; refuses, and fined 1000 Yuan, fined a maximum of 10000 in serious cases, punished in accordance with relevant laws and regulations; food safety accidents, constitute a crime, criminal responsibility shall be investigated according to law. Violation of the provisions of this article 22nd 31st article, sales of substandard food products, industrial and commercial administrative departments in accordance with the People's Republic of China product quality law and other laws and regulations shall be investigated and dealt with.
    Operator's initiative to stop selling may be given a lighter or mitigated punishment. 32nd article 23rd according to these measures, were found selling substandard food, industrial and commercial administrative departments shall be ordered to immediately stop sales, substandard food be dealt with in accordance with the relevant laws and regulations, and more than 300 yuan, fined a maximum of 5000 Yuan in serious cases, in accordance with the People's Republic of China product quality law and other laws and regulations shall be investigated and dealt with.
    Operator's initiative to stop selling may be given a lighter or mitigated punishment.
    Violations listed in the 33rd article this way, such as those involving other departments listed in the third paragraph of article management terms of reference, by the relevant departments to investigate and punish.
    34th violations listed herein, such as management involves several administrative law enforcement authority should be strictly in accordance with the People's Republic of China administrative punishment law, the provisions of article 24th of to parties concerned, the same offence shall not be given more than two penalties administrative penalties.
    Fifth chapter supplementary articles article 35th food circulation in these measures refers to food production, consumption began after the session ends before the purchase, storage, transport, display, supplies, sales, excluding food operators ' practices.
    Article 36th acts to prevent the abuse of discretion, the provincial administration for industry and commerce should be based on the way the fourth chapter of the administrative punishment, specific provisions are made.
    37th due to agricultural primary products supervision and management, management of pig slaughtering, food production and quality certification, in accordance with the provisions of relevant State laws and regulations.
                                                                                            38th article of the rules take effect on August 1, 2007.