(On August 27, 2007 national quality supervision test quarantine General makes 98th, announced since announced of day up purposes) first chapter General first article to strengthening food security regulatory, avoid and reduced not security food of against, protection consumers of body health and life security, according to People's Republic of China products quality method, and People's Republic of China food health method, and State on strengthening food, products security supervision management of special provides, legal regulations, developed this provides.
    Article in the People's Republic of China territory of production and sales of food recall and its supervisory activities shall abide by these provisions. Third article this provides by said not security food, is refers to has evidence proved on human health has or may caused against of food, including: (a) has induced food pollution, and food source sex disease or on human health caused against even death of food; (ii) may raised food pollution, and food source sex disease or on human health caused against of food; (three) contains on specific crowd may raised health against of ingredients and in food label and manual Shang not be identifies, or identifies not full, and not clear of food; (four) about legal
    And regulations of other unsafe food.
    The fourth recall in these rules refers to food producers in accordance with the prescribed procedure, caused by its production of a batch or categories of food security through Exchange, return, supplement or amendment to the consumer clear, activities to eliminate or reduce food safety hazards in a timely manner.
    Fifth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) in the terms of reference of the unified organization, supervision and administration of national coordination of food recalls.
    Quality and technology supervision departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial quality and technical supervision Department) shall be organized and carried out in the administrative area of the supervision and management of food recalls.
    Sixth State quality inspection administration and provincial quality and technical supervision departments to establish food recalls the Committee of experts (hereinafter "Committee of experts"), for the investigation of food safety hazards and hazard assessment of food safety provides technical support.
    Article seventh informatization construction of siqsaq should strengthen the management of food recalls, food recall information management systems in organizations, consistent collection, analysis and processing of information about food recalls.
    Local quality supervision departments at all levels on food producers to establish quality and safety record within their respective administrative areas, is responsible for the collection, analysis and processing within the administrative area of related food safety hazards and food recall information and escalation.
    Eighth in food production should establish and improve the product quality and safety files and related management systems should accurately record and save the production of raw material purchasing, production, processing, storage, transportation, sales and product identification information, save the consumer complaints, foodborne illness, food contamination incidents recorded, as well as food hazard dispute information archive.
    Nineth food production should be located, provincial or municipal quality and technical supervision departments to promptly report all information related to food safety hazards, including food safety hazard events such as consumer complaints, shall not be concealed or misrepresented its production of foods harmful to human health.
    Chapter two food safety hazards survey and evaluation of the tenth article to determine whether food is unsafe food, should carry out investigation of food safety hazards and food safety risk assessment.
    11th article food security against survey of main content including: (a) whether meet food security legal, and regulations or standard of security requirements; (ii) whether contains non-food with original accessories, and added non-food with chemical material or will non-food as food; (three) food of main consumption crowd of constitute and the proportion; (four) may exists security against of food number, and batch or category and circulation regional and range.
    12th article food security against assessment of main content including: (a) the food raised of food pollution, and food source sex disease, and or on human health caused of against, or raised above against of possibilities; (ii) not security food on main consumption crowd of against effect; (three) against of serious and emergency degree; (four) against occurred of short-term and long-term consequences.
    13th food producers to obtain a production of food may be a security hazard or the provincial quality and technical supervision departments, where food safety hazard investigation written notice shall immediately conduct survey on food safety hazards and food safety risk assessment.
    Food makers should municipal quality supervision departments, where the timely adoption of food security submitted to the provincial quality and technical supervision departments investigation, assessment reports, surveys, evaluation reports should include the provisions of the eighth, 11th and 12th elements referred to in article.
    14th food producers notice not to conduct food safety hazards survey and evaluation, or confirmed by the surveys and assessments not part of unsafe food, seat of the provincial quality and technical supervision departments should organize an Expert Committee of food safety hazards research and food safety risk assessment and identified.
    15th food producers and distributors should cooperate with the provincial quality and technical supervision departments investigation of food safety hazards, no food has passed any compliance reviews to refuse.
    16th food producer food safety hazard and food safety risk assessment results with their provincial quality and technical supervision departments of the organization when inconsistent with the results of the Committee of experts, provincial quality and technical supervision departments to take hearing process, verify the results and make decisions.
    17th food safety hazard assessment to confirm production caused by unsafe food, recall levels should be identified, and recall.
    18th article according to food security against of serious degree, food recalled level is divided into three level: (a) level recalled: has or may induced food pollution, and food source sex disease, on human health caused serious against even death of, or circulation range wide, and social effect big of not security food of recalled; (ii) II level recalled: has or may raised food pollution, and food source sex disease, on human health caused against, against degree General or circulation range smaller, and social effect smaller of not security food of recalled;
    (C) three levels of recall: has or is likely to cause food contamination, food-borne diseases pose a risk to human health, harm minor, or to the provisions of article paragraph (c) of recalls of unsafe food.
    Chapter III implementation of food recall voluntarily recalled the 19th confirmed food belong to should be the first section recalls of unsafe food, food producers should immediately cease the production and sale of unsafe food.
    20th confirmed food belongs to the date of the recall of unsafe food, recall shall, within the 1st level, two recalls should be in 2nd, three levels of recall should be within the 3rd, inform the concerned vendors to stop selling, inform consumers stop spending.
    21st issue to the community of food producers food recall information, should be in accordance with the relevant laws and regulations and the relevant provisions of the State administration of quality supervision, report to the provincial quality and technical supervision departments at or above.
    The 22nd confirmed food belongs to the date of the recall of unsafe food, recall on 3rd level, secondary recall shall be within the 5th, recalled shall, within the 7th grade, and food producers through local municipal quality and technical supervision Department food recall plans submitted to the provincial quality and technical supervision departments.
    23rd article food producers submitted of food recalled plans main content including: (a) stop production not security food of situation; (ii) notification sellers stop sales not security food of situation; (three) notification consumers stop consumption not security food of situation; (four) food security against of type, and produced of reasons, and may by effect of crowd, and serious and emergency degree; (five) recalled measures of content, including implementation organization, and contact way and recalled of specific measures, and range and time,;
    (Vi) recall the desired results; (VII) Recalling food after treatment.
    24th shall recall the implementation date, recall every 3rd level, secondary recall each 7th grade recall every 15th through municipal quality and technical supervision Department of the location of food recall in progress submitted to the provincial quality and technical supervision departments report.
    Food producers to recall program to change, food recall should be described in the progress report.
    Location of city-level quality supervision departments should put forward opinions on food recall in progress report, inform food producers and report the location of the provincial quality and technical supervision departments.
    Second section ordered recalled 25th article by confirmed has following situation one of of, national quality General should ordered food producers recalled not security food, and can released about food security information and consumption warning information, or take other avoid against occurred of measures: (a) food production who deliberately hide food security against, or food production who should active recalled and not take recalled action of; (ii) due to food producers of fault caused food security against expanded or again occurred of;
    (C) national supervision and spot check found that food producers in the production of food safety problems, may cause damage to human health and safety.
    Food producers after receiving the ordered a recall notice, should immediately stop manufacturing and selling unsafe food.
    Article 26th food producers shall, after receiving the ordered a recall notice, in accordance with the provisions of article 20th notification.
    Food producers should be in accordance with the provisions of article 23rd food recall reports, in accordance with the provisions of this article 22nd Provincial quality and technical supervision departments, where the time limit by the AQSIQ approval immediately recalled; report was not approved by the food recall, food makers should modify the reports, according to demand the recall.
    27th in food production should be in accordance with the provisions of article 24th, food recall in progress reports submitted.
    Location of city-level quality supervision departments shall, in accordance with the provisions of article 24th handling comments on the recall of periodic progress reports, and escalation of the situation the AQSIQ.
    Recalls section III evaluation and supervision and 28th in food production should save recall records, includes food recall of batches, number, scale, causes, consequences, and so on.
    29th food producers shall, on the expiration of food recall in the 15th, to the seat of the provincial quality and technical supervision departments submitted a recall report; to order the recall, it shall report to AQSIQ.
    Provincial quality and technical supervision departments, where the 30th food producers should organize an Expert Committee to review the recall summary reports, to assess recall effect, and notify the food producers to review conclusions; order the recall, should be reported to the State administration of quality supervision record.
    Food quality supervision departments at or above the provincial level, where the producers found that recall did not achieve the desired results, inform food producers continued or further food recalls.
    31st in food production should be harmless treatment of unsafe food in time; should be destroyed in accordance with the relevant provisions of the food, it shall be destroyed.
    Food producers to recall food and reprocessing should have detailed records, and report to the local municipal quality supervision departments, accept supervision municipal quality and technical supervision departments.
    32nd city-level quality supervision departments should be provided within the terms of reference of the food producers recall the progress and monitor after recall of food processing. The 33rd article of any units and individuals in violation of these provisions can be prescribed or the recall, complaints or reports to the levels of quality and technical supervision authorities, food producers may not by any means restricted.
    Receive complaints or reports of the Department shall timely investigate and keep their informants confidential.
    The fourth chapter legal liability article 34th food producers implement food recalls while not exempt from other legal responsibility according to law.
    Producers of this voluntary recall may be lighter or mitigated punishment according to law.
    Food producers in violation of the provisions of article 35th 19th or 25th of article does not stop the production and sale of unsafe food, with a warning, rectification; fails to mend and fined 30,000 yuan fines; violations of related laws and regulations, in accordance with the provisions of the relevant laws and regulations.
    36th food production with one of the following conditions, be warned that a rectification; fails to mend, fined a maximum of 20,000 yuan.
    (A) receiving notice from the quality and technology supervision departments investigation of food safety hazards, but no investigations in a timely manner, (ii) refused to cooperate with the food safety hazard investigation of quality and technology supervision departments; (iii) timely submission of food safety hazards in accordance with this requirement investigation, assessment reports.
    37th food producers in violation of the provisions of the 20th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th article, with a warning, rectification; fails to mend and fined 30,000 yuan fines; violations of related laws and regulations, in accordance with the provisions of the relevant laws and regulations.
    Article 38th food producers in violation of the obligations imposed by the provisions of article 28th, with a warning, rectification; fails to mend, fined a maximum of 20,000 yuan.
    39th food producers in violation of the obligations imposed by the provisions of article 31st, with a warning, rectification; fails to mend and fined 30,000 yuan fines; violations of related laws and regulations, in accordance with the provisions of the relevant laws and regulations.
    40th corporate personnel engaged in food recall management, as well as commissioned to carry out the investigation of food safety hazards, hazard assessment of food safety experts or staff fabricated the spread of false information, breach of the confidentiality provisions, forge or relating to false conclusions or advice shall be given administrative sanctions; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law. 41st administrative penalties stipulated in these regulations, by the quality and technology supervision departments above the county level according to law, in the terms of reference.
    Laws, administrative rules and regulations on administrative penalty otherwise provided, in accordance with the provisions of relevant laws and administrative regulations.
    Fifth chapter supplementary articles of 42nd article import and export food recall management, the entry-exit inspection and quarantine administration in accordance with the relevant provisions of the State administration of quality supervision.
    The 43rd article of the information covered by the provisions of publishing, document format requirements shall be separately formulated by the AQSIQ.
    The 44th article of the regulation by AQSIQ to interpret.
                                                                        45th article of the regulations come into force on the date of promulgation.