Circulation Of Food Quality And Safety In Henan Province Supervision And Administration

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

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(December 14, 2005 Henan Province Government 123th times Executive Conference considered through December 22, 2005 Henan Province Government makes 96th, announced since January 1, 2006 up purposes) first article to strengthening circulation link food quality security of supervision management, improve food quality level, clear food quality responsibility, ensure food security, protection consumers lawful rights and interests of, according to People's Republic of China products quality method and national about provides, combined this province actual, developed this approach.
    Article in circulation within the administrative area of the province food management and supervisory activities of units and individuals, must comply with these measures.
    The third leadership of the people's Governments at various levels shall strengthen the food safety work, coordination, support for food quality and safety supervision and management departments, and provide necessary conditions for food quality and safety supervision and management.
    Industrial and commercial administration departments at all levels are responsible for supervision and administration of circulation of food quality and safety.
    The food and Drug Administration above county level, of quality and technical supervision, health, agriculture and other sectors in their respective areas of responsibility in the implementation of food quality and safety supervision and administration in accordance with law.
    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 administrations or other competent authorities should keep their informants confidential, and shall be awarded.
    Article fifth food operators should be responsible for the quality of its food, and take effective measures to maintain the quality of selling food.
    Sixth food business operators should establish and implement incoming inspection of food inspection system. Food business operator shall provide initial trading supplier the identification of appropriate business license, health permit and save copies of checks once a year later.
    For each purchase by instalment should be obtained from the supplier of food products quality inspection certificates and sales documents.
    Seventh article food or its packaging Shang of identifies must real, and meet following requirements: (a) has food quality test qualified proved; (ii) has Chinese marked of food name, and production factory factory name and site; (three) has Chinese marked of food specifications, and weight, and by containing main ingredients of name and content; need prior let consumers knows of, should out packaging Shang marked, or advance to consumers provides about information; (four) in significantly location clear to marked production date and shelf life;
    (E) implementation of food quality and safety market access system of food, food quality and safety market access mark must also be affixed.
    Sales of bulk food, operators shall provide consumers express food name, country of origin, manufacturer, production date and shelf life.
    Article eighth food operators for the purchase of food should be to establish a sound purchase ledgers, record suppliers, purchase date, name, quantity, and shelf life of foods and other matters.
    Bulk sales of food business operators shall establish a bulk sales ledgers, record the purchaser, purchase time, name, number, and shelf life of foods and other matters.
    Nineth food marketers may not forge the origin may not be forged, fraudulent use of another producer's name and address, or production license, shall not be forged, fraudulent use of certification mark for quality marks.
    Article tenth food operators sell food, not doping, adulterate, no impurities, a defective product shall be subject to substandard food fake food.
    Operators shall not sell more than shelf life of foods, perishable food shall forge, alter the production date and shelf life of food.
    11th food managers find themselves selling the food does not meet the quality standards, it should be to stop selling and to take immediate and effective measures will have been sold to food recalls; unsold or recall of food, food business operators shall take destruction measures to deal with it.
    Article 12th centralized trading market opened shall establish an internal management system and signed a food safety agreement and operating food business, identify responsibility, within their field sales commitments to consumers for food safety.
    Cities, County (city, district) people's Governments should encourage and supervise food operators to establish an inspection Chamber with a certain scale, to self test the type of food.
    13th industrial and commercial administrative departments to Visual inspection and sampling combined with the food quality supervision and inspection system, the circulation of food quality supervision and inspection work carried out.
    Food business operators shall cooperate with the industrial and commercial administrative departments of supervision and inspection, and provide check related tickets, books and food supply, quantity, inventory, inventory, sales and other relevant information shall not be refused.
    14th decision shall be based on the quality of food is the food of the mandatory standard, express standard or quality commitment; no mandatory standard, express standard or the quality of commitment, an enterprise shall adopt appropriate voluntary standards as a basis for judging the quality of food.
    15th industrial and commercial administrative departments should strengthen the supervision and inspection of food quality, do not meet the quality standards established by the detection of food, industrial and commercial administration departments can release the food's name, batch, Manager, producer, and test results.
    Food provided for in the preceding paragraph, the provincial administration for industry and commerce may be ordered to stop in sales the same manufacturer within the administrative area of the province, with varieties, specifications, lots of food, but due to transportation, storage, marketing link except as caused by quality problems. 16th article food operators has following behavior one of of, by business administration sector ordered deadline corrected; late not corrected of, at 500 Yuan above 3000 Yuan following fine; constitute crime of, law held criminal: (a) violation this approach sixth article second paragraph provides not to initial trading of supply people identification, and obtained related documents, and voucher of; (ii) violation this approach seventh article provides no added posted food quality security market access logo, or sales bulk food not to consumers express food name, and origin, and
    Manufacturers, production date and shelf life; (c) in violation of these regulations under article eighth has not established a sound, sales ledger and (iv), no manufacturer name, no address, no production date and shelf life of packaged foodstuffs; (e) violation of paragraph II of this article 13th refused to cooperate with supervision and inspection.
    Food trader violated these measures stipulated in article Nineth and tenth, in accordance with the People's Republic of China product quality law and the product quality supervision and management in Henan province Ordinance shall be punished.
    17th food trader in violation of these regulations section 11th, does not meet the standards of food quality and food is recalled and destroyed and refused to recall and destroy, by the Administrative Department for industry and Commerce ordered to recall take destruction measures to be dealt with, and more than 2000 Yuan and fined a maximum of 20000 Yuan.
    Food operators to voluntary recall does not meet the quality standards of food may be given a lighter punishment. 18th article business administration sector of staff in circulation link food quality security supervision management activities in the, has following behavior one of of, by its where units or superior organ give administrative sanctions; constitute crime of, law held criminal: (a) shield, and indulgence food operators of violations of; (ii) to illegal sales food of party tipped off, help its escape investigation of; (three) investigation food business violations dereliction of, and malfeasance caused serious consequences of; (four) other abuse, and
    Acts of negligence, malpractice.
                                                          19th article this way come into force on January 1, 2006.