People's Republic of China Food Safety Law Enforcement Ordinance

                                                                                          2012-03-27 State Department

 Order of the State Council of the People 's Republic of China

                                                                                                     No. 557

The Implementation Regulations of the Food Safety Law of the People's Republic of China was passed at the 73rd executive meeting of the State Council on July 8, 2009 and is hereby promulgated and will come into effect as of the date of promulgation.

Premier Wen Jiabao

July 20, 2009

The company is located in:

People's Republic of China Food Safety Law Enforcement Ordinance

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the "Food Safety Law of the People's Republic of China" (hereinafter referred to as the Food Safety Law).

Article 2 The local people's government at or above the county level shall perform its duties as prescribed by the Food Safety Law; strengthen the capacity building for food safety supervision and management so as to provide guarantee for food safety supervision and management; establish and improve the coordination and coordination mechanism for food safety supervision and administration departments, Food safety information network to achieve sharing of food safety information sharing and food inspection and other technical resources.

Article 3 Food producers and traders shall engage in production and business activities in accordance with laws, regulations and food safety standards, establish and improve a food safety management system, and take effective management measures to ensure food safety.

Food producers and traders are responsible for the food safety of their production and operation, responsible for the society and the public, and assume social responsibilities.

Article 4 The food safety supervision and administration department shall promulgate food safety information according to the provisions of the Food Safety Law and these Regulations so as to facilitate public consultation, complaint and reporting. Any organization or individual has the right to know the food safety information to the relevant departments.

Chapter II Food Safety Risk Monitoring and Evaluation

Article 5 The national food safety risk monitoring plan stipulated in Article 11 of the Food Safety Law shall be formulated by the health administrative department under the State Council together with the departments of quality supervision, administration of industry and commerce and the State Food and Drug Administration as well as the departments of commerce, industry and information of the State Council, Food safety risk assessment, the development and revision of food safety standards, food safety supervision and management work need to develop.

Article 6 The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the departments of quality supervision, administration of industry and commerce, food and drug administration, commerce, industry and informatization at the same level in accordance with the provisions of Article 11 of the Food Safety Law The food safety risk monitoring program in the administrative area shall be submitted to the health administrative department under the State Council for the record.

The health administrative department under the State Council shall notify the department of quality supervision, administration for industry and commerce and the state food and drug administration as well as the departments of commerce, industry and informatization under the State Council of filing the case.

Article 7 The administrative department of health under the State Council, together with relevant departments, shall, in addition to making adjustments to the national food safety risk monitoring plan in accordance with the provisions of Article 12 of the Food Safety Law, adjust the national food safety risk according to the reported disease information of medical institutions when necessary Monitoring plan.

After making adjustments to the national food safety risk monitoring plan, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the specific conditions in their respective administrative regions, make corresponding adjustments to the food safety risk monitoring plans in their respective administrative regions.

Article 8 When a medical institution discovers that the patients it receives belong to food-borne diseases, food poisoning patients or suspected food-borne diseases and suspected food poisoning patients, it shall promptly report to the health administrative department of the county-level people's government at the locality where the disease information .

The health administrative department that receives the report shall compile and analyze the relevant disease information, timely report it to the people's government at the same level and report to the higher level health administrative department at the same time; if necessary, it may directly report to the administrative department of health under the State Council and at the same time report to the people's government at the corresponding level Health Administration.

Article 9 The work of monitoring food safety risks shall be undertaken by the health administrative departments of the people's governments at or above the provincial level in conjunction with the technical institutions as determined by the departments of quality control, industrial and commercial administration, and food and drug administration at the same level.

The technical agencies that undertake food safety risk monitoring shall conduct monitoring work according to the food safety risk monitoring plan and monitoring plan to ensure that the monitoring data are true and accurate and report the monitoring data and analysis results in accordance with the requirements of the food safety risk monitoring plan and monitoring plan To the people's government at or above the provincial health administrative departments and issued the task of monitoring the department.

Food safety risk monitoring staff to collect samples, collect relevant data, you can enter the relevant edible agricultural products breeding, food production, food distribution or catering services. Collect samples, should pay the market price.

Article 10 If the results of food safety risk monitoring and analysis indicate that there may be potential food safety risks, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall promptly notify relevant information to the municipal, county-level people's governments and their health administrations department.

Article 11 The health administrative department under the State Council shall collect and compile the monitoring data and analysis results of food safety risks and notify the departments of quality supervision, administration of industry and commerce and the state food and drug administration as well as the commerce, industry and informationization departments of the State Council.

Article 12 In any of the following circumstances, the health administrative department under the State Council shall organize the work on food safety risk assessment:

(1) to provide a scientific basis for formulating or revising the national food safety standards and conducting risk assessment;

(2) In order to determine the key areas for supervision and management, key species need to be assessed for risk;

(Iii) discovering new factors that may jeopardize food safety;

(D) need to determine whether a certain factor constitutes a food safety hazard;

(5) Other situations that the health administrative department under the State Council considers necessary for risk assessment.

Article 13 The relevant departments of the State Council in charge of agricultural administration, quality supervision, industrial and commercial administration and the State Food and Drug Administration shall, in accordance with the provisions of Article 15 of the Food Safety Law, make food safety risk assessment recommendations to the administrative department of health under the State Council and shall provide the following information and materials :

(A) the source and nature of the risk;

(B) the relevant test data and conclusions;

(C) the scope of the risk involved;

(4) Other relevant information and information.

Relevant departments of local agricultural administrations, quality supervision, administration of industry and commerce, food and drug administration and other relevant departments at or above the county level shall assist in the collection of food safety risk assessment information and information as prescribed in the preceding paragraph.

Article 14 The health administrative and agricultural administrative departments of the people's governments at or above the provincial level shall promptly notify each other of the relevant information on food safety risk monitoring and the monitoring of quality and safety risks of edible agricultural products.

The administrative department of health under the State Council and the agricultural administrative department shall promptly notify each other of the relevant information on the results of the food safety risk assessment and the results of the risk assessment on the quality and safety of edible agricultural products.

Chapter III food safety standards

Article 15 The administrative department of health under the State Council shall, in conjunction with the department of agriculture administration, quality supervision, administration of industry and commerce and state food and drug administration under the State Council, and the departments of commerce, industry and information technology under the State Council, formulate the national standards for food safety planning and its implementation plan. Formulation of national standards for food safety planning and implementation plan, should seek public comments.

Article 16 The administrative department of health under the State Council shall choose units with the corresponding technical capabilities to draft a draft national food safety standard. Promote the research institutions, educational institutions, academic groups, industry associations and other units to jointly draft the draft national food safety standards.

The health administrative department under the State Council shall publicize the draft national food safety standards to the public and solicit opinions publicly.

Article 17 The review committee of the national food safety standards stipulated in Article 23 of the Food Safety Law shall be organized by the health administrative department of the State Council.

The national standards review committee for food safety is responsible for reviewing the scientific and practical aspects of the draft national standards for food safety.

Article 18 The administrative department of health under the people's government of a province, autonomous region or municipality directly under the Central Government shall submit the enterprise standard submitted for filing to the enterprise in accordance with the provisions of Article 25 of the Food Safety Law to the agricultural administration, quality supervision, administration of industry and commerce, and food and drug administration Management, business, industry and information technology and other departments informed.

Article 19 The administrative department of health under the State Council and the administrative department of health under the people's government of a province, autonomous region or municipality directly under the Central Government shall, jointly with the departments of agriculture administration, quality supervision, administration of industry and commerce, food and drug administration, commerce, industry and informatization at the same level, The implementation of local standards for food safety and national standards shall be tracked separately and the food safety standards revised and revised in due time according to the evaluation results.

The departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall collect and summarize the problems existing in the implementation of food safety standards in the administration of agriculture, quality supervision, administration of industry and commerce, food and drug administration, commerce, industry and informationization, and promptly Notify the health administrative department at the same level.

Food producers and operators, food industry associations found that the implementation of food safety standards in the process of problems, it should immediately report to the food safety supervision and management.

Chapter IV Food Production and Management

Article 20 The establishment of a food production enterprise shall pre-approve the name of the enterprise and, after obtaining the food production license according to the provisions of the Food Safety Law, shall handle the registration of the industrial and commercial administration. The quality supervision and administration departments at or above the county level shall, in accordance with the relevant laws and administrative regulations, examine the relevant materials, verify the production sites and examine the related products; if the relevant materials and places comply with the requirements and the relevant products meet the food safety standards or requirements, they shall make a permit Decided.

Other food producers and marketers shall handle business registration after obtaining the corresponding food production licenses, food distribution licenses and catering services according to law. Laws and regulations on food production and processing small workshops and food vendors otherwise provided, in accordance with its provisions.

Food production licenses, food circulation licenses and catering services are valid for 3 years.

Article 21 Where the conditions for the production and operation of food producers and traders change and do not meet the requirements of food production and operation, the food producer and trader shall immediately take corrective measures; and in the case of a potential risk of food safety accidents, stop the food production and operation immediately Activities, and to the local county-level quality supervision, industrial and commercial administration or food and drug supervision and management departments to report; need to re-apply for permission, it should be handled according to law.

The departments of quality supervision, industrial and commercial administration and food and drug supervision and administration at or above the county level shall step up the daily supervision and inspection of the production and business activities of the food production and operation supervisors, and if they find that they do not meet the requirements of food production and operation, they shall be ordered to correct immediately and deal with them according to law; No longer meet the conditions of production and operation permit, it should be in accordance with the relevant revocation of the permit.

Article 22 Food production and operation enterprises shall, in accordance with the provisions of Article 32 of the Food Safety Law, organize staff and workers to participate in food safety knowledge training, learn food safety laws, regulations, rules, standards and other food safety knowledge and establish training files.

Article 23 Food producers and traders shall, in accordance with the provisions of Article 34 of the Food Safety Law, establish and implement a health check system and a health file system for practitioners. People engaged in direct access to food work suffer from digestive diseases such as dysentery, typhoid fever, hepatitis A virus and hepatitis E, as well as those with active tuberculosis, suppurative or exudative dermatosis Safe disease, food producers and operators should be adjusted to other jobs that do not affect food safety.

The food production and operation personnel shall carry out the health examination in accordance with the provisions of the second paragraph of Article 34 of the Food Safety Law, and the inspection items and other matters shall comply with the provisions of the province, autonomous region and municipality directly under the Central Government.

Article 24 A food production and operation enterprise shall, in accordance with the provisions of the second paragraph of Article 36, the first paragraph of Article 37, and the second paragraph of Article 39 of the Food Safety Law, establish a recording and inspection record system of incoming goods, Test the recording system, truthfully record the matters recorded by law, or retain the purchase or sale of the instrument containing the relevant information. Records, notes shelf life of not less than 2 years.

Article 25 The group-based food production enterprises that implement the centralized and uniform procurement of raw materials may conduct the inspection of incoming goods by uniformly inspecting the suppliers' permits and product certification documents from the headquarter of the enterprise. For those food raw materials that can not provide the certification documents, Should be in accordance with food safety standards for testing.

Article 26 Food production enterprises shall establish and implement food safety management systems such as the inspection and acceptance of raw materials, safety management of production processes, storage management, equipment management and management of substandard products, and constantly improve the food safety guarantee system to ensure food safety.

Article 27 A food manufacturer shall formulate and implement control requirements on the following matters to ensure that the manufactured food meets the food safety standards:

(A) raw material procurement, raw material acceptance, feeding and other raw materials control;

(B) the production process, equipment, storage, packaging and other key aspects of production control;

(3) Raw material inspection, semi-finished product inspection, finished product inspection and other inspection and control;

(D) transport, delivery control.

Food production process does not meet the requirements of the control requirements, the food production enterprises should immediately identify the cause and take corrective measures.

Article 28 In addition to the record of purchase inspection and the inspection of food products that are manufactured and shipped by food production enterprises in accordance with the provisions of Article 36 and Article 37 of the Food Safety Law, the food production enterprises shall truthfully record the safety of the food production process