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Administrative Measures On Food Production And Operation Of Daily Supervision And Inspection In

Original Language Title: 食品生产经营日常监督检查管理办法

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  Chapter I General provisions article to enhance food production and operation activities of daily supervision and inspection, primary responsibility for implementation of the food producers and traders to ensure food safety, according to the People's Republic of China food safety law and other laws and regulations, these measures are formulated.

Second food and drug supervision and management departments of food (including food additives) producers implement food safety laws, rules and regulations and food safety standard of exercising day-to-day supervision and inspection, these measures shall apply.

Food production and operation of daily supervision and inspection in article shall follow the territorial responsible, comprehensive coverage, risk management and information disclosure principles.

Fourth the State food and Drug Administration is responsible for the supervision and guidance of national food production and operation of daily supervision and inspection work.

Provincial food and drug regulatory agency responsible for the supervision of food production and operation of daily supervision and inspection work within their respective administrative areas.

City and County Food and drug supervision and management is responsible for the implementation of food production and operation of daily supervision and inspection work within their respective administrative areas.

Fifth of municipal and County Food and drug supervision and management departments to implement daily supervision and inspection in food production and management, and comprehensive coverage based on randomly selected in the administrative area of the food producers and traders, randomly select inspectors implement remote check, cross check.

Sixth food production operator and its employees shall cooperate with the food and Drug Administration to implement daily supervision and inspection in food production and management, security personnel to perform their duties of supervision and inspection.

Seventh provincial food and drug supervision and management departments should strengthen the informatization construction of daily supervision and inspection in food production and management, city and County Food and drug supervision and Administration Department shall record, summary and analysis of daily supervision and inspection in food production and management information and improve the day-to-day supervision and inspection measures.

The food producers and traders shall, in accordance with the requirements of the food and drug administration food production related data information.

Chapter II supervision and inspection matters article eighth food production supervision and inspection matters include food producers in the production environment, incoming inspection results, process control, product testing results, control, storage and delivery of substandard goods management and food recall food safety accident in China, management, disposal, and so on.

Subject to supervision and inspection matters prescribed in the preceding paragraph, a health food production supervision and inspection matters include producer qualification, product label and package insert, the principal processing and production management system, and so on. Nineth article food sales link supervision check matters including food sellers qualification, and practitioners health management, and General provides implementation, and ban sex provides implementation, and business process control, and purchase identification results, and food storage, and not security food recalled, and label and manual, and special food sales, and imports food sales, and food security accident disposal, and edible agricultural sales, situation, and edible agricultural concentrated trading market opened who, and counter rental who, and fairs held who, and network food trading third party platform provides who, and

Food storage and transport and other legal obligations.

Tenth restaurant service supervision and inspection matters including catering service provider qualifications, employee health management, material control, production process, management of food additive use and publicity, equipment, facilities maintenance and disposal cleaning and disinfection of tableware, food safety accidents, and so on.

Chapter III supervision and inspection of the 11th city and food and drug supervision and management departments at the county level shall, in accordance with municipal and County food safety supervision and administration of the annual plan, according to food type, company size, management, food security, factors such as credit records, preparation of the annual programme of daily supervision and inspection, food safety risk management. Daily supervision and inspection plan shall include the matters, check, check the frequency and sampling, sampling and other kinds of food.

The inspection plan should be open to the public.

The 12th national food and drug supervision and administration in accordance with law, regulations, rules and provisions relating to obligations of food producers and food safety standards, development of daily supervision and inspection in the point table.

Provincial food and drug supervision and management departments as necessary, to refine the day-to-day supervision and inspection tables, supplementary.

City and County Food and drug supervision and management departments should follow the daily supervision and inspection in tables, imposed on food producers and the day-to-day supervision and inspection.

13th local food and drug supervision and administration at or above the county level shall supervise and inspect personnel in food safety laws, regulations, rules, standards, professional knowledge and supervision of training and assessment of elements.

14th of municipal and County Food and drug supervision and management departments to implement daily supervision and inspection, should consist of 2 or more (2) supervision and inspection personnel.

Inspectors should be randomly selected by the food and drug administration.

Inspectors should produce valid certificates on the spot. 15th under the day-to-day supervision and inspection plan, city and food and drug supervision and management departments at the county level can be randomly selected parts of daily supervision and inspection in the points table checks and random sampling inspection.

Relevant checks shall, before implementation of the inspection by the food and drug administration clearly, inspectors shall not be arbitrarily changed inspection matters.

16th of municipal and County Food and drug supervision and management departments in each of the administrative areas within the day-to-day supervision and inspection of the food producers and traders, in principle, should cover the entire project.

17th daily supervision and inspection in food production and management, key projects should be based on an on-site inspection mode for most projects can take the form of written examination.

18th encourages food producers and food choice, safe third party professional agencies to evaluate their food production and operation management system, the assessment results as reference for day-to-day supervision and inspection.

Inspectors shall, in accordance with article 19th daily supervision and inspection in tables and results of the inspection record form requirements of daily supervision and inspection record, and the judge, determine the result.

Supervision and inspection results into meet, meet and do not meet the 3 forms.

Daily supervision and inspection results shall be entered into the food producers and traders of food safety credit files.

20th the food producers and traders shall, in accordance with the requirements of the food and drug administration, opening up food production establishments, answering related inquiries, provide relevant contracts, bills, books and other relevant information, assist in the production and operation of on-site inspection and sampling inspection.

21st the food producers and traders shall, in accordance with the supervision and inspection personnel requirements, site inspections, interviews and hold one instrument for sampling and inspection.

Inspected organizations reject the results of daily supervision and inspection record form to sign or seal, the supervisory and inspective personnel shall be indicated in the results of daily supervision and inspection record form reason and persons concerned may be invited as witnesses signature, stamp, or take audio and video recording, as a basis for law enforcement.

22nd city and food and drug supervision and management departments at the county level shall, within 2 working days after the end of daily supervision and inspection, to the general public daily supervision and inspection in time, inspection results and to check information such as the name of the person, and in the production premises prominently posting results of daily supervision and inspection record form.

Food producers and posted the results of daily supervision and inspection record form should be maintained until the next routine inspection.

23rd results of daily supervision and inspection in line with base food producers, municipal and county levels in food and drug supervision and management departments should supervise and inspect the written request rectification of problems found.

The units under inspection shall make the rectification, and rectification reports on food and drug supervision and Administration Department.

Inspectors can follow and record corrective results.

24th daily supervision and check result does not meet, there is potential risk of food safety accident occurs, food producers and traders shall immediately cease food production activities.

25th of municipal and County Food and Drug Administration found in the daily supervision and inspection in the food producers and traders of food safety problems, has failed to take timely and effective measures to eliminate, food producers and traders can be legal representative or major principal responsibility for interviews.

Responsibility for interviews and rectification shall be entered into the food producers and food safety credit files. 26th article city, and County food drug supervision management sector implementation daily supervision check, right to take following measures, was check units shall not refused to, and block, and interference: (a) into food production business, places implementation site check; (ii) on was check units production business of food for sampling test; (three) check out, and copy about contract, and notes, and books and other about information; (four) seized, and

Seizure of evidence does not meet the food safety standards or if there is evidence to prove the existence of security risks, and used in illegal production and management of food, tools and equipment; (e) seizure of illegally engaged in production and business activities of the site, (vi) other measures stipulated in laws and regulations.

27th of municipal and County Food and drug administration food safety violations found in the daily supervision and inspection, investigation should be carried out.

Investigation produce transcripts, as well as photos, videos and other evidence preservation measures, shall comply with the relevant provisions of the food and Drug Administration punishment procedure.

28th of municipal and County Food and Drug Administration found in the daily supervision and inspection in cases of illegal clue, not part of the duties or beyond the jurisdiction of the Department, shall promptly transfer the right to deal with sector; alleged to constitute a crime shall be transferred to the public security organs in a timely manner.

Fourth chapter legal liability article 29th food producers and tearing up, altered the day-to-day supervision and inspection results record form, or does not maintain records of daily supervision and inspection in the results table until the next routine inspection, by the city and County's food and drug regulatory agency ordered corrective action and give a warning and fined 2000 Yuan and 30,000 yuan.

30th food production operators to violate the provisions of article 24th of this approach, by the food and drug administration departments at or above the county level in accordance with the food safety law of the 126th, paragraph provides for processing.

31st article food production operators has following refused to, and block, and interference food drug supervision management sector for supervision check case one of of, by County above food drug supervision management sector according to food security method 133th article first paragraph of provides for processing: (a) refused to, and delay, and limit supervision check personnel into was check places or regional of, or limit check time of; (ii) refused to or limit extraction samples, and video, and photo and copy, survey forensics work of; (Three) no due reason not provides or delay provides and check related of contract, and records, and notes, and books, and electronic data, material of; (four) claimed main head, and competent personnel or related staff not on-the-job, or deliberately to stop production business, way cheat, and misleading, and escape check of; (five) to violence, and threat, method hinder supervision check personnel law perform duties of; (six) hidden, and transfer, and sold, and damaged supervision check personnel law seized, and seized of property of; (seven) forged, and hidden, and

Destroying evidence or provide false testimony, and (VIII) other officers perform their duties of supervision and inspection.

Article 32nd food producers refuse, obstruct or interfere with the supervision and inspection, in violation of relevant provisions of the law on public security administration punishments, by public security organs dealing with the transfer of food and drug supervision and management departments in accordance with law.

33rd the food producers and traders to violence, threats and other methods to prevent the inspectors from performing their duties according to law, constitute a crime, by the public security organs dealing with the transfer of food and drug supervision and management departments in accordance with law.

34th supervisors and inspectors in the daily supervision and inspection in the acts of malfeasance, by appointment and removal or the supervisory organs to those responsible prosecuted administratively; suspected of constituting a crime, the law transferred to judicial organs for handling.

The fifth chapter supplementary articles article 35th city and County Food and drug supervision and administration on food production and processing of small workshops, food vendors and other day-to-day supervision and inspection, refer to this approach. 36th these measures come into force May 1, 2016.