Circulation of food safety supervision and administration
(July 30, 2009, of the State administration for industry and Commerce announced come into force on the date of promulgation, 43rd) Chapter I General provisions
The first food safety supervision and management in order to strengthen the circulation, maintain food market order, according to the People's Republic of China Food Safety Act (hereinafter referred to as the food safety law), the People's Republic of China regulations for the implementation of the food safety law (hereinafter referred to as the regulations for the implementation of the food safety law) and other provisions of laws and regulations, these measures are formulated.
Article People's Republic of China territory of circulation of food business shall comply with these measures.
Article of food business operators shall, in accordance with laws and regulations and food safety standards in the food business, establish and improve the system of food safety management and take effective measures to ensure food safety.
Food business operators responsible for their food security, social and public accountability, social responsibility.
Fourth industrial and commercial administrative organs in accordance with the laws, regulations and responsibilities under the provisions of and the measures of the State Council, to monitor the circulation of food safety management.
Fifth above the county level and its industrial and commercial administrative organs under the unified leadership of the local people's Government, is responsible for the circulation of food safety supervision and management within their respective jurisdictions.
Sixth and local industrial and commercial administrative organs at and above the county level shall closely work with other food supervision and management departments to strengthen their communication, and in accordance with the Division of responsibilities, shall exercise functions and assume responsibility.
Seventh to encourage and support food operators in order to improve food safety standards and adopt advanced technology and advanced management practices.
Eighth and local industrial and commercial administrative organs at and above the county level shall be in accordance with the laws, regulations and required food safety information under this approach, provides a facility for public inquiries, complaints, reports and any organization or individual has the right to report to the industrial and commercial administrative organs in violation of these regulations in the food business, to understand the flow of food security information, circulation of food safety supervision and administration of its observations and recommendations.
Chapter II food business
Nineth bans food business operators operating the following foods:
(A) non-food raw materials other than the production of food or food additive chemicals and other substances that may harm human health foods, or use recycled food as a raw material in the production of food;
(B) pathogenic microbes, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances harmful to human health than food safety standards for a limited number of foods;
(C) nutrients do not meet food safety standards specifically for infants and young children and other specific groups of primary and secondary food;
(D) deterioration, oil Rancidity, mildew and insect, filthy dirty, mixed with foreign bodies, adulteration of doping or abnormal sensory properties of food;
(E) death, poisoning or unknown poultry, livestock, wild animals, aquatic animals, meat and meat products;
(Vi) without the supervising agencies for animal health quarantine or not passed quarantine inspection of meat, or any inspection or unqualified meat products;
(G) packaging materials, containers and means of transport, such as pollution of the food;
(H) exceeding the shelf life of the food;
(IX) no label of prepackaged foods;
(J) the State prohibited business with special needs, such as food for disease prevention;
(11) food labels and instructions do not meet the food safety law specified in the 48th article of food;
(12) no Chinese labels and instructions in Chinese or Chinese labels and instructions in Chinese does not meet the Food Safety Act article 66th imported prepackaged food;
(13) other foods do not meet food safety standards or requirements.
On labels, marks or stopped operating instructions do not meet the food safety standards of food, food producers to take remedial measures can guarantee food safety cases can continue selling sales should be expressed to consumers when producers take remedial measures. Tenth in the food business, shall obtain a food distribution license, with circulation of the food business registration license, business license.
Without the food circulation permit and business license, shall not be engaged in the food business.
Food business operators operating conditions change, does not meet the requirements of food business, food business operator shall immediately take the corrective measures have the potential risk of food safety accident shall immediately stop the food business activities, and to report to the local industrial and commercial administrative organs at the county level; need to go through the licensing procedure should be in accordance with the law.
11th food enterprises should establish their own food safety management system, organizations participating in food safety training, food safety laws, regulations, rules, standards and other food safety knowledge, and establish training records; equipped with full-time or part-time food safety managers, do a good job for the food inspection, is engaged in the food business activities according to law. 12th food business operators should establish and implement employee health screening system and health record system. Food management practitioner shall conduct health examinations every year, obtained a health certificate before they can engage in food management, their check items shall conform to the seat of provinces, autonomous regions and municipalities directly under the provisions of.
With the food safety law and the provisions of the regulations for the implementation of the food safety law shall not be engaged in the direct import and export of food illnesses employees may not engage in direct foodstuffs contact work.
13th food operator procurement food shall examine the supplier's license, business license, and food certification of documents.
Food enterprises should establish food raw materials purchase check record system to faithfully record the name of the food, specifications, quantity, batch number, shelf-life, the supplier name and contact information, date of purchase, and so on.
Encourage other food business operators in accordance with the provisions of the preceding paragraph to establish raw materials purchase check record system.
Uniform distribution mode of operation of the food business, from corporate HQ, verifying the supplier's license, business license and food certification of documents, food raw materials purchase check record can take copies of relevant information to affiliated business enterprises for future reference, or information technology, networking for future reference.
14th business enterprises engaged in food wholesale business selling food, should faithfully record the name of the wholesale food, specifications, quantity, batch number, shelf-life, purchase content such as user name and contact information, the date of sale, or keep sales receipts containing the above information.
Food enterprises that undertake wholesaling business should be issued to purchase sale containing the information prescribed in the preceding paragraph notes or lists, and stamped with the seal or signature.
15th wholesale food raw materials purchase check record, record or instrument shall be true to the retention period shall be not less than two years.
16th encourages the food business operators using advanced technical means to record matters of legislation, regulations and practices required to record.
17th operators of food storage, transportation and handling of food containers, tools, and equipment should be safe, harmless, clean to prevent food contamination, and meets the temperature necessary to ensure food safety and other special requirements, food may not be toxic, hazardous materials transport.
18th food trader for storage and sale of food should be checked on a regular basis, check the production date and shelf life of food, clean metamorphism, the expiry date and he does not meet the food safety standards of food, take the initiative to be withdrawn from the market, and make a record.
19th food business operators storing bulk food, indicating the name of the food shall be stored in location, production date, shelf life, producer name and contact information, and more.
Food operator sells food in bulk, bulk food containers, should be marked on the outer packaging of food names, production date, shelf life, production operator's name and contact information, and so on.
Food business operators selling raw food and cooked food products, should be consistent with food-safe temperatures, space and other special requirements to prevent cross contamination. 20th food trader selling pre-packaged food packaging should be tagged.
Label content shall comply with the provisions of article 42nd of the food safety law.
Food labels, instructions, and content shall not contain false, exaggerated, not related to disease prevention and treatment.
Food labels and instructions shall be legible and clear and easy to read.
Food business operators shall follow the food label identifying warning signs, warning or notice requirements, sales of prepackaged foods.
21st food business operators shall take the initiative to provide consumers with sales documents, food does not meet the food safety standards to fulfil obligations such as replacement or return.
Encourage food business in additional special mark on their sales of food packaging, to sell food and distinguish from other food operators sell food.
22nd food centralized trading market opened, Food Business Desk rental and food fairs, the Organizer, shall perform the following duty:
(A) review of entry food trader for the circulation permit and business license;
(B) the explicit admission of food safety management responsibility of food business operators;
(C) regularly on food business operators to check the operating environment and the conditions of admission;
(D) establish food trader files, document the basic of food business operators in the market, the main purchase channel, management, brand and supplier information;
(E) establishing and improving food management system, strengthen the food Manager training;
(F) setting information publicity media, time in the open market or food-related information released by the Executive;
(VII) other's food safety management obligations.
Food concentrated trading market of opened who, and food business counter of rental who and food fairs of held who found food operators not has business qualification of, should ban its admission sales; found food operators not has and by business food phase adapted of business environment and conditions of, can suspended or canceled its admission business qualification; found business not meet food security standard of food or has other violations of, should timely stop, and immediately will about situation report area business administration organ. 23rd food business operators should establish and enforce food delisting.
Food managers find their food does not meet the food safety standards, should immediately stop operating, under the plane kept separate, notify the relevant producers and consumers, and records may cease to operate and notifications, about reports district administration for industry and commerce.
Food trader was not in accordance with the provisions of the preceding paragraph ceases to carry food that does not meet the food safety standards, and industrial and commercial administrative organs may be ordered to stop operating.
24th food advertisement shall be true and legal, may not contain false or exaggerated content not related to disease prevention and treatment.
Food advertising must not contain food safety supervision and management departments of food inspection responsibilities or institutions, food industry associations, consumers ' associations to recommend food content.
25th societies or other organizations, individuals recommended to consumers in the false advertising of food, the expense of the legitimate rights and interests of consumers, joint and several liability with the food producers and traders.
26th food enterprises should develop a food safety accident solutions, regularly check the enterprise implementation of the food safety measures, eliminate hidden dangers of food safety accidents in a timely manner.
Food operators of food safety accident occurs is the cause or could cause food safety accidents of food and raw materials, tools, equipment, etc, should take immediate control measures such as sealing, and since the time of the accident report to the Administrative Department of health under the County within 2 hours.
Centralized trading market opened 27th to encourage food counter, food business for rent, food trade show organizers and condition of food enterprises with the necessary testing equipment, self test or inspection of food.
Chapter III supervision and management
28th and local industrial and commercial administrative organs at and above the county level shall, in accordance with the local people's government organizations in the development of the administration of food safety supervision and administration of the annual work plan.
29th and local industrial and commercial administrative organs at and above the county level shall fulfil the circulation of food safety supervision and administration, the right to take the law on food safety regulatory measures provided for in the 77th. 30th and local industrial and commercial administrative organs at and above the county level should be strictly responsible for monitoring the implementation, supervision and inspection of the food market.
Food business operators shall accept and cooperate with the supervision and inspection of the industrial and commercial administrative organs.
31st and local industrial and commercial administrative organs at and above the county level shall conduct supervision and inspection, supervision and inspection shall be recorded and found violations, should faithfully record, signed by the inspectors and food operators filed after, and investigate and punish according to law; the Office investigated and dealt with according to law, or transferred to the other organs dealt with according to law, should be enshrined in the supervision and inspection of records.
Archives management supervision record retention period should be consistent with the relevant provisions. 32nd and local industrial and commercial administrative organs at and above the county level should be established food operators of food safety credit files, recording license as issued, results of daily supervision and inspection, violation investigation and food business operators to stop operation does not meet the food safety standards of food, and so on.
Backing of the jinxin project, operators of food food safety credit as an enterprise credit classification supervision, individual credit classification classification regulation, market supervision system of important content on bad credit records of food business operators to increase supervision and inspection frequencies, strengthen supervision and management.
33rd and local industrial and commercial administrative organs at and above the county level shall strengthen the business activities of daily supervision and inspection on food operators; finding food business requirements are not met, shall be ordered to immediately correct, and be dealt with according to law; no longer meets the conditions for licensing, related license should be revoked.
34th and local industrial and commercial administrative organs at and above the county level should be published by the health Administrative Department under the State Council added or may be added to food non-food chemicals and other substances that may endanger human health take regulatory measures.
And local industrial and commercial administrative organs at and above the county level does not meet the food safety standards found in the supervision and inspection of food, order the food operators to stop operating, shall timely tracing of food sources and flows; involving other areas, shall promptly report to the higher administrative organs for industry and commerce, written to inform the relevant industrial and commercial administrative organs investigated and dealt with.
And local industrial and commercial administrative organs at and above the county level article 35th found in the supervision and inspection of food food operators did not meet food safety standards, which is caused by other reasons, shall promptly inform in writing the competent departments.
36th and local industrial and commercial administrative organs at and above the county level shall publish the email address or telephone, receiving inquiries, complaints, reported to receive inquiries, complaints, reports, shall, in accordance with the food safety law provisions of 80th replies, verify, process, and consultation reports, complaints, and respond to, verify, record, save.
37th and local industrial and commercial administrative organs at and above the county level shall, in accordance with the Food Safety Act the relevant provisions of the food monitoring program and the local people's Government, to regular or irregular circulation food sampling inspection.
County and above place business administration organ on local Government developed of this administrative of food security annual supervision management plans in the determine of focus food, and consumers Shen (voted) v and the reported compared more of food, and market supervision check in the found problem compared concentrated of food, and according to handling case, and about sector informed of situation, on circulation link of food whether meet food security standard for not regularly sampling test.
The 38th local administration for industry and Commerce above the county level and their food needs to be tested in law enforcement, shall be commissioned in accordance with the law on food safety the Food Inspection Agency inspection, and pay the associated costs.
39th and local industrial and commercial administrative organs at and above the county level shall implement food sampling and rapid testing, sample, and pay the associated fees; no food operator's inspection fee and any other fees, requirements for financial expenses.
40th and local industrial and commercial administrative organs at and above the county level shall conduct sample tests on food, shall draw up a sampling inspection records, spot checks by sampling of food-related tickets, supply, quantity, inventory, sales and so on; inspection agencies in accordance with the sampling rules set by the State should be required to sample, and will inform the nominal sampling results for food producers.
41st and local industrial and commercial administrative organs at and above the county level shall carry out sampling inspection, sampling inspection sampling inspection operators shall cooperate with the work, provide truthful information by sampling inspection of food-related tickets, supply, quantity, inventory, inventory, sales and other information. 42nd about disagrees with the conclusions of the examination, may have right according to law.
Nominal by sampling inspection of operators or producers should apply to undertake review of food inspection agency for review, and explain the reasons. Directory of the recheck institutions shall be formulated by the certification and accreditation administration, health administration, agricultural Administration Department announced.
The recheck conclusion issued by the recheck institutions for final conclusions. The recheck institution by the recheck applicant to choose.
The recheck institution and initial inspection bodies must not be the same institution.
Review the conclusion that foods eligible, review the sampling inspection department's expense; review concluded that food does not pass the review fee shall be borne by the food producers and traders.
43rd article organization implementation sampling test of County and above place business administration organ should since received test results five a days within, will sampling test results notification was sampling test people, ordered its stop sales not meet food security standard of food, supervision other food operators on same batch of food Xia frame back city, and according to about provides, accurate, and timely, and objective to announced food security sampling test information.
44th implement sampling inspection sampling inspection and local administrative organs for industry and Commerce at or above the county level found in food safety cases do not fall under its jurisdiction leads, shall promptly inform in writing the competent administration for industry and commerce, or transferred to the relevant law enforcement agencies. Article 45th and local industrial and commercial administrative organs at and above the county level can be used in food safety supervision and administration of the regulations for the implementation of the food safety law article 50th of the rapid detection of food provisions for preliminary screening; for preliminary screening results indicate that food may not meet food safety standards, shall, in accordance with the food safety law 60th test the provisions of the third paragraph.
Preliminary screening results not as a basis for law enforcement.
46th overseas food safety incidents that took place could have an impact on China's territory, or of serious food safety problems found in imported food, and local industrial and commercial administrative organs at and above the county level after receiving the State entry and exit inspection and Quarantine Bureau of the notifications, shall take the appropriate measures.
And local industrial and commercial administrative organs at and above the county level shall receive the State entry and exit inspection and quarantine authorities for import and export food safety information, when necessary, take the appropriate measures.
And local industrial and commercial administrative organs at and above the county level in supervision and inspection of safety problems found in imported food should be informed in a timely manner concerning the import and export food safety information to inform the State administration for entry-exit inspection and quarantine departments.
47th and local industrial and commercial administrative organs at and above the county level shall be encouraged to establish food business subject databases, supervision and inspection database, a database of typical cases, relying on 12315 administrative law enforcement network, the use of advanced technology to enhance food supervision and inspection work, improve the level of food safety supervision and administration.
48th and local industrial and commercial administrative organs at and above the county level shall found in day-to-day supervision and management of food safety accidents, or receiving reports on food safety accident shall immediately to local health administrative departments.
Food safety accident occurs, and industrial and commercial administrative organs shall, in accordance with the relevant departments of the State Council's food safety accident investigation approach, under the unified leadership of the local people's Governments, with the health administration departments, timely responses, and measures to control developments and shall promptly report to the superior Administration for industry and commerce. Food safety accident investigation, should adhere to the principle of seeking truth from facts, respect science, timely and accurately identify the nature and causes of the accident.
Identified responsibility for the accident, propose corrective action.
Food safety accident no unit or individual is allowed to conceal, misrepresent, and delaying the report, not to destroy the evidence.
49th and local industrial and commercial administrative organs at and above the county level involved in food safety accident investigation, is entitled to the units and individuals to understand information relevant to food safety incidents, requested to provide relevant information and samples; the relevant units and individuals shall cooperate with the investigation and handling of food safety accidents, as required to provide relevant information and samples may not refuse.
No unit or individual may obstruct or interfere with the investigation and handling of food safety.
50th and local industrial and commercial administrative organs at and above the county level shall publicize the following daily food safety supervision and administration information:
(A) in accordance with the administrative licensing law of food security;
(B) be ordered to stop business directory of food, food additives and food-related products;
(C) investigating the food operator violations;
(D) special inspection of renovation work;
(E) the provisions of laws and administrative regulations of other daily food safety supervision and administration information.
And local industrial and commercial administrative organs at and above the county level based on the duty to publish daily food safety supervision and administration information concerning other food safety supervision and management departments of shall be announced.
Published daily food safety supervision and administration information should be accurate, timely, objective, and explain to such foods may harm, description.
Daily supervision and management information system developed by the provincial administration for industry and commerce in accordance with these measures.
51st and local industrial and commercial administrative organs at and above the county level shall informed of the food safety law 82nd release of information specified in the first paragraph need to be harmonized, should report to the superior administrative departments for industry and commerce, the authorities report immediately to the health Administrative Department under the State Council, if necessary, you can report directly to the health Administrative Department under the State Council.
And the local administration for industry and Commerce at or above the county level should inform each other with other food safety supervision and management departments informed of food safety information.
52nd of provinces, autonomous regions and municipalities directly under the administration of industry and commerce shall cooperate with the public health administrative departments at the food safety risk monitoring plan their respective administrative areas.
And local industrial and commercial administrative organs at and above the county level shall provide assistance in the collection of the regulations for the implementation of the food safety law of the 13th article of food safety risk assessment information and data.
The provinces, autonomous regions and municipalities Administration for industry and commerce shall cooperate with the public health administrative departments at the national food safety standards and the implementation of the food safety standards of evaluation are tracked separately.
Industrial and commercial administrative organs of provinces, autonomous regions and municipalities should be collected, total, in the implementation of food safety standards in existing problems, and promptly to inform the health Administrative Department at the same level.
The fourth chapter legal liability 53rd article violation this approach Nineth article first paragraph subsection (a), and (ii), and (three), and (four), and (five), and (six), and (eight), and (ten), and (13) items, 23rd article second paragraph of provides of, confiscated illegal proceeds, and illegal business of food and for illegal business of tool, and equipment, and raw materials, items; illegal business of food goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount five times times above 10 times times following fine
In serious cases, to revoke the licence.
54th article violation this approach tenth article of provides, without license engaged in food business activities of, confiscated illegal proceeds, and illegal business of food and for illegal business of tool, and equipment, items; illegal business of food goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount five times times above 10 times times following fine. 55th article violation this approach 12th article of provides, arrangements with food security method 34th article and food security method implementation Ordinance 23rd article by column disease of personnel engaged in contact directly entrance food of work, or violation this approach 13th article first paragraph, and second paragraph, 14th article first paragraph, 15th article, 18th article, 19th article, 20th article second paragraph of provides of, ordered corrected, give warning; refused to corrected of, at 2000 Yuan above 20,000 yuan following fine; plot serious of,
Order to suspend production until revoked licenses.
56th article violation this approach Nineth article first paragraph subsection (seven), and (nine), and (11), and (12) items, 20th article first paragraph of provides of, confiscated illegal proceeds, and illegal business of food and for illegal business of tool, and equipment, items; illegal business of food goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of, and at goods value amount twice times above five times times following fine; plot serious of, ordered discontinued closed, until revoked license.
57th in violation of provisions of the present article 17th, food enterprises is not in accordance with the requirements for the transport of food, ordered corrective action and give a warning; it refuses, order to suspend production, and more than 2000 Yuan and fined a maximum of 50,000 yuan in serious cases, by the original Licensing Department to revoke the licence.
58th article violates this article 22nd subparagraph (a), (b), (c) and the provisions of the second paragraph, more than 2000 Yuan and fined a maximum of 50,000 yuan, causing serious consequences, closure, by the original Licensing Department to revoke the licence. 59th in violation of the provisions of the first paragraph of article 24th of this approach, order the advertisers to stop advertising and matching advertising costs in the context of appropriate public corrections remove and advertisement costs more than 1 time fined not more than five times.
Violation of the provisions of the second paragraph of article 24th of this approach, confiscate the illegal income, according to law are directly responsible for the charge and the other persons given a demerit, demotion or removal from Office of disciplinary action.
60th in violation of the provisions of the second paragraph of this article 26th, food enterprises in food safety incidents is not disposed of, reporting, in accordance with the administrative authorities for industry and Commerce Division of responsibilities shall be ordered to correct and give a warning; destroy relevant evidence, closure, and concurrently impose a fine of less than 2000 Yuan and 100,000 yuan, causing serious consequences, the original license issuing Department revoked.
61st food trader's operating conditions change, not provided for in the second paragraph of this article tenth shall be ordered to correct and given a warning, causing serious consequences, in accordance with the food safety law provides for punishment of the 85th.
The 62nd under any of the following acts shall be ordered to correct, refuses, fined 10,000 yuan fine:
(A) food business operators to hire without health certificates of persons engaged in the food business;
(B) food trader does not take the initiative to provide proof of sale to consumers, or refusing to comply with food does not meet the food safety standards change, returns and other obligations;
(C) food business operators refuse to industrial and commercial administration authorities shall carry out supervision and inspection.
63rd in violation of the regulations, any of the following acts shall be ordered to correct, refuses, fined 10,000 yuan fine; the circumstances are serious, fined 10,000 yuan and 30,000 yuan fines:
(A) engaged in wholesale purchases of food enterprises to issue sales receipts or inventory;
(B) food centralized trading market opened, food and management the rental counter and food trade show organizers have not established food operators archives, document the basic of food business operators in the market, major purchase channels, business, brand and supplier information; no set food information publicity media, time in the open market or food-related information released by the Executive.
64th food trader initiative to eliminate or mitigate illegal consequences, or if there are other legal situation shall be given a lighter or mitigated punishment.
Offence minor and corrected without causing harm, not to punish.
65th and local industrial and commercial administrative organs at and above the county level shall found in the supervision and inspection of suspected offences under food operators in violation of these regulations, shall be transferred to the public security organs according to law.
66th and local industrial and commercial administrative organs at and above the county level shall not comply with food safety supervision and administration of statutory responsibilities, daily supervision and inspection in place, or abuse of power, negligence, malpractice, according to law are directly responsible for the charge and the other persons given a demerit or downgrade penalties, causing serious consequences, punishment imposed dismissal or dismissal; its chief should resign.
The fifth chapter supplementary articles
67th edible agricultural products supervision and management of the application of the People's Republic of China Law on quality safety of agricultural products.
68th explain these measures by the State administration for industry and commerce. 69th these measures come into force on the date of promulgation.
