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Circular Of The State Administration Of Quality Supervision, Inspection And Quarantine On The Revision Of The Regulation On Food Inspection Agency Accreditation Decisions

Original Language Title: 国家质量监督检验检疫总局关于修改《食品检验机构资质认定管理办法》的决定

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  For further optimization food test institutions qualification finds program and the term, combined new amendment of People's Republic of China food security method and test detection institutions qualification finds management approach (quality General makes 163th,), quality General decided on food test institutions qualification finds management approach for following modified: a, and will VIII article modified for: "food test institutions should meet state food drug supervision management sector provides of qualification finds conditions. "Second, the tenth article" 5th "is amended as" within the 5 working days "and thirdly" within 6 months "is amended as" 45 days "; the fourth is amended as:" the accreditation Department shall, within 20 working days from the date of the conclusion of the technical review, review the results of the technical review and make a decision on whether to approve it. Approved by decision, within 10 working days from date of approval, certificate of qualification issued to the applicant and permit its use of accreditation logo; approved, shall inform the applicant in writing and state the reasons. "Third, the 12th article is changed to:" the Food Inspection Agency accreditation certificate is valid for 6 years. "The second paragraph is amended as:" the Food Inspection Agency necessary to continue legally obtained the qualification period, qualification should be 3 months before the expiry of the certificate, apply to the accreditation Department for review of the replacement. "Section four, the 16th is revised as follows:" the CNCA according to relevant laws and regulations, State food and drug supervision and Administration Department, qualification requirements stipulated by the health Administrative Department under the State Council, the provisions of relevant national standards, development of food inspection agency accreditation guidelines. "Five, 20th paragraph amended as:" technical review group shall, in accordance with the criteria prescribed time limit organization review, review found that there is nonconformity, technical review panel shall notify the applicant's rectification, rectification period shall not exceed 30 working days. Overdue rectification or still do not meet the requirements after rectification, judged to be reviewing nonconformities.

"Six, the 35th" suspended months 6-12 qualification certificate "is amended as" suspension of qualification certificate for 3 months ". Seven, the 37th article is revised as follows: "food inspectors issued a false report in accordance with the People's Republic of China article 138th of the food safety law shall be punished. "Eight articles, advice, 38th revised as:" the food inspection agency recommended to consumers in advertising or other forms of food, in accordance with the People's Republic of China food safety 140th of the fourth paragraph of the Act shall be punished.

"The implementation of this decision with effect from October 1, 2015.



The Food Inspection Agency Accreditation regulations be revised according to this decision, publish it again. Food test institutions qualification finds management approach (August 5, 2010 national quality supervision test quarantine General makes 131th, announced according to June 19, 2015 national quality supervision test quarantine General on modified of decided Amendment) first chapter General first article for specification food test institutions qualification finds work, strengthening food test institutions of supervision management, upgrade food test institutions of technology capacity and management level, according to People's Republic of China food security method, and

People's Republic of China certification and accreditation provisions of regulations and other relevant laws, administrative regulations, and these measures are formulated.

Second the Food Inspection Agency accreditation in these measures refers to the basic condition and capacity of the food inspection agency according to law, are in accordance with food safety laws and regulations as well as relevant standards or technical specifications required to implement assessment and accreditation activities.

Article on the role of social issue has proved the data and results of food inspection agency accreditation activities shall abide by these measures.

Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) manage food inspection agency accreditation.

National Commission on certification and accreditation Administration (hereinafter referred to as CNCA) responsibility for food inspection agency qualification, implementation, supervision and overall coordination.

Provincial quality and technical supervision departments in accordance with the Division of duties, is responsible for areas within the Food Inspection Agency accreditation implementation and supervision and inspection work.

Article fifth food inspection agency accreditation work should be guided by objective and impartial, scientifically accurate, transparent, efficient and convenient principle and to avoid unnecessary duplication of recognition and accreditation.

Article sixth food inspection agencies and personnel engaged in food inspection activities, shall, in accordance with the relevant State laws and regulations and food safety standards and inspection instructions provisions respecting scientific, abide by professional ethics and guarantee issued to the public test data and results are objective, fair and accurate.

Chapter II qualification criteria and procedures article seventh food inspection institutions shall, in accordance with the relevant provisions of the law after obtaining the qualification, may engage in food inspection activities.

Failing to achieve qualification for the Food Inspection Agency shall not be issued to the public with proof of test data and results.

Article eighth Food Inspection Agency shall comply with the provisions of the food and Drug Administration Department under the State Council qualification criteria.

Nineth Department of State related competent Department and approved the establishment of the Food Inspection Agency accreditation, the CNCA is responsible for implementing; apart from the bodies mentioned above, the Food Inspection Agency accreditation by the provincial quality supervision Department is responsible for the implementation. Tenth Article food test institutions qualification finds program: (a) application qualification finds of food test institutions (following referred to applicants), should to national recognize JISC or provincial quality supervision sector (following collectively qualification finds sector) proposed written application, and submitted meet this approach eighth article provides of related proved material, application material should real effective; (ii) qualification finds sector should on applicants submitted of application material for written review, And since received material of day up 5 a days within made accepted or not accepted of written decided; application material not complete or not meet statutory form of, should one-time told applicants need correction of all content; (three) qualification finds sector should since accepted application of day up 45 a days within, on applicants completed technology review work, review time not calculation in made approved of term within; (four) qualification finds sector should since technology review end of day up 20 a days within, on technology review results for review And make a decision on whether to approve it.

Approved by decision, within 10 working days from date of approval, certificate of qualification issued to the applicant and permit its use of accreditation logo; approved, shall inform the applicant in writing and state the reasons.

11th the CNCA and provincial quality supervision Department should regularly publish the list of food inspection agency shall obtain the qualification and testing scope, technological capabilities and other information, and provide access to the public channel.

12th food inspection agency accreditation certificate is valid for 6 years.

Food Inspection Agency needs to extend the law's validity of the qualification, qualification should be 3 months before the expiry of the certificate, apply to the accreditation Department for review of the replacement.

13th style, food inspection agency accreditation certificate number and qualification patterns developed centrally by the CNCA.

Food Inspection Agency shall be issued in its foreign food inspection reports or other promotional materials in the proper use of accreditation logo and certificate to verify their qualifications.

14th article has following case one of of, food test institutions should law to qualification finds sector application handle related change procedures: (a) food test institutions change qualification finds test project, and test method of; (ii) food test institutions name, and address, and statutory representative people, and authorized signed people and technology managers occurred changes of; (three) food test institutions occurred other major matters changes of.

Food Inspection Agency for additional qualification testing and qualification sector should be made reference to the provisions of the present article tenth.

15th because of major food safety accidents or other food safety emergencies, needs a temporary increase in food inspection for inspection projects and qualification Department shall activate contingency plans in a timely manner, and to the public the qualification requirements of food inspection institutions.

Chapter III technical review article 16th CNCA according to relevant laws and regulations, State food and drug supervision and Administration Department, qualification requirements stipulated by the health Administrative Department under the State Council, the provisions of relevant national standards, development of food inspection agency accreditation guidelines. 17th qualification Department shall review the requirements of the guidelines, form a technical assessment group, basic conditions, the applicant management system compliance and inspection capacities, qualifications for technical review.

Technical evaluation group should be made up of 2 or more reviewers and, if necessary, may engage technical experts to participate in the review.

18th technical review officer should have food inspection, research or management experience and assessment of ability to adapt, and qualified through qualification Department assessment.

19th technical review group to review the testing capacity of the applicant, should be reviewed to confirm that the applicant has the relevant proficiency testing, measurement, and test the audit evidence need for on-site tests, shall review the requirements of the guidelines for examination. 20th technical review group shall, in accordance with the criteria prescribed time limit organization review, review found that there is nonconformity, technical review panel shall notify the applicant's rectification, rectification period shall not exceed 30 working days.

Overdue rectification or still do not meet the requirements after rectification, judged to be reviewing nonconformities.

Technical evaluation group upon completion of the review, it shall submit a review comments and prepare assessment reports, submitted to the accreditation Department in a timely manner.

21st technical review group review found that there were significant problems of the applicant shall be promptly reported to the accreditation Department.

Head of the technical assessment group should be responsible to review activities and review conclusions, judges should be responsible for its evaluation.

22nd qualification Department food inspection agency accreditation should be technology assessment group supervision and inspection as well as reviewers assessment activities, and professional skills training in organizational review, improve the ability of reviewers review and level.
23rd reviewer has any of the following circumstances, qualification sector should be based on the seriousness of its decision to suspend or stop doing reviews: (a) fails to comply with the Food Inspection Agency accreditation guidelines implementation of evaluation activities; (b) the same applicant are implemented review and provide advice;

(Three) and applicants has interest relationship or its review may on just sex produced effect, not for avoided of; (four) revealed work in the by knows of national secret, and commercial secret and technology secret of; (five) received party gift, and securities and seek other improper interests of; (six) issued false or not real review conclusion of; (seven) violation national about provides of other behavior.

Supervision and administration of the fourth chapter article 24th AQSIQ unified supervision and management of Food Inspection Agency inspection activities.

CNCA is responsible for organizing the obtained qualification of food inspection institutions conducting supervision and inspection, found that food inspection agency violations of should be investigated and prosecuted, involving relevant departments of the State Council to inform the relevant departments have to handle.

25th CNCA shall be the provincial quality watchdog's food inspection agency accreditation to supervise and guide. Provincial quality supervision departments should organize regional (City), quality supervision departments at the county level for areas within the food inspection institutions conducting supervision and inspection or special supervision and inspection, (City), quality supervision departments at the county level shall, within the areas of day-to-day supervision of the Food Inspection Agency found violations, to investigate in a timely manner.

Provincial quality supervision departments in the area should be the result of violations reported to the State administration of quality supervision, and the CNCA.

Organizations directly under the entry-exit inspection and Quarantine Bureau to their day-to-day supervision and management of the Food Inspection Agency found irregularities, timely rectification process and timely reporting on important matters.

26th the AQSIQ, CNCA, provincial quality supervision departments should organize the Food Inspection Agency proficiency testing and interlaboratory to ensure food inspection agency continue to meet the qualification criteria, and encourages food inspection agencies in the relevant departments under the State Council, as well as international organizations, conformity assessment bodies and other institutions to carry out proficiency testing and interlaboratory, continue to increase the level and ability.

27th food inspection agency should be independent of the stakeholders involved in food inspection activities, not under the influence of any factors which may interfere with their technical judgment and to ensure that test data and results from the effect of other organizations or persons.

Food Inspection Agency shall not recommended to consumers in advertising or other forms of food.

28th Food Inspection Agency shall designate test independent food inspection, and inspection and testing business clients interested persons should be avoided.

Food inspection shall not be its food inspection and testing activities involve business client relations of interests and shall not participate in any activities that affect their independence of judgment and integrity in.

Food inspection shall meet and food inspection and testing capacity and level of activities adapted to and in line with State regulations on food inspection personnel qualification requirements. Article 29th food inspection food inspection bodies and inspection system. Food Inspection Agency shall, in accordance with the relevant laws and regulations, inspection requirements and food inspection reports issued by the Commission inspection of the contract. Food inspection reports should be stamped with the seal of the Food Inspection Agency, and Inspector (authorized signatory) signature or seal.

Food inspection agencies and inspectors responsible for food inspection report issued by.

30th article food test institutions has following case one of of, qualification finds sector should law handle qualification finds Certificate cancellation procedures: (a) qualification finds certificate validity expires, not application continued of; (ii) qualification finds certificate validity expires, by review not meet continued approved decided of; (three) food test institutions law terminated of; (four) legal regulations provides of should cancellation of other case.

31st the Food Inspection Agency complaints and complaint mechanisms should be established, and enterprises engaged in food production, food industry association and other organizations or consumers of entrusted inspection conclusions controversial.

Any units or individuals in the Food Inspection Agency inspection activities illegal acts, to reported to the accreditation Department, qualification Department shall timely investigate and deal with, and the informer confidential.

Chapter fifth penalty 32nd applicant apply for the Food Inspection Agency accreditation or review the replacement, withholding relevant information or provide false information to apply for the Food Inspection Agency accreditation, qualification Department not to accept or not to approve and give warning applicants may not apply again in 1 year food inspection agency accreditation.

33rd applicant by fraud, bribery or other improper means to acquire food inspection agency certificates of qualification, qualification Department shall revoke accreditation certificates within 3 years of the applicant may not apply again for the Food Inspection Agency accreditation.

Article 34th failing to achieve qualification for the Food Inspection Agency authorization issued to the public with proof of test data and results, quality and technology supervision departments above the county level shall instruct their correction, fine of 30,000 yuan, and to the public. 35th article food test institutions has following case one of of, County above quality technology supervision sector should ordered its corrected, at 30,000 yuan following fine; plot serious of, ordered deadline rectification, suspended qualification finds certificate 3 months, certificate suspended during shall not foreign issued food test report: (a) cannot continued meet qualification finds conditions continues to engaged in food test activities of; (ii) violation this approach provides,

Unauthorized increased test project or beyond qualification finds approved range engaged in food test activities and foreign issued food test report of; (three) accept effect test just sex of funding or exists effect test just sex behavior of; (four) not in accordance with food security standard, and test specification of provides for food test, caused bad consequences of; (five) using bear administrative organ specified test task, for other violations behavior of.

36th article food test institutions has following case one of of, qualification finds sector should revoked its qualification finds certificate: (a) issued false food test report or issued of food test report not real caused serious consequences of; (ii) hired national about legal, and administrative regulations provides ban engaged in food test staff of; (three) qualification finds certificate suspended during foreign issued food test report of; (four) late not rectification or rectification Hou still not meet qualification finds requirements of;

(E) revocation of qualification according to law in other circumstances.

37th food inspectors issued a false report in accordance with the People's Republic of China article 138th of the food safety law shall be punished.

Article 38th food inspection agencies in advertising or other recommended to consumers in the form of food, in accordance with the People's Republic of China food safety 140th of the fourth paragraph of the Act shall be punished.

39th in the Food Inspection Agency accreditation, supervision and administration of personnel who abuse their powers, neglect their duties or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

40th for the food inspection agency other offences, shall be punished in accordance with relevant laws and regulations.

Sixth chapter supplementary articles article 41st of agricultural products quality and safety testing organization of quality management, in accordance with the People's Republic of China relevant provisions of the law on quality safety of agricultural products.

42nd article of the approach by the AQSIQ to interpret. 43rd these measures shall come into force on November 1, 2010.