(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995, and promulgated by Order No. 59 of the President of the People's Republic of China on October 30, 1995)文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 1 This Law is enacted to ensure food hygiene, prevent food contamination and harmful factors from causing harm to human health, safeguard the people's health, and enhance the people's physical constitution.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 2 The State shall practise a system of food hygiene supervision.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 3 The administrative department of public health under the State Council shall be in charge of food hygiene supervision and administration throughout the country.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The relevant departments under the State Council shall, within the scope of their respective functions and duties, be responsible for food hygiene administration.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 4 All those who engage in food production or marketing within the territory of the People's Republic of China must abide by this Law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
This Law applies to all foods, food additives, food containers, packaging materials and food utensils, equipment, detergents and disinfectants; it also applies to the premises, facilities and relevant environment for food production and marketing.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 5 The State encourages and protects social supervision of food hygiene by social organizations and individuals.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Everyone shall have the right to report and make accusations against acts in violation of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter II Hygiene of Foods文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 6 Foods shall be non-toxic and harmless, conform to the nutritional requirements they should have, and possess the corresponding sensory characteristics such as colour, aroma and taste.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 7 Staple and supplementary foods exclusively for infants and young children must conform to the nutritional and hygiene standards formulated by the administrative department of public health under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 8 The process of food production and marketing must conform to the following hygiene requirements:文章源自FOFCC-http://fofcc.org.cn/am/11215/
(1) To maintain cleanliness and tidiness of the internal and external environment, adopt measures to eliminate flies, rats, cockroaches and other harmful insects and the conditions for their breeding, and keep a prescribed distance from toxic and harmful places;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(2) Food production and marketing enterprises shall have factory buildings or premises for the treatment, processing, packaging and storage of food raw materials that are commensurate with the variety and quantity of products;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(3) There shall be corresponding facilities for disinfection, changing clothes, washing, daylighting, lighting, ventilation, antisepsis, dustproofing, flyproofing, ratproofing, washing, sewage discharge, and the storage of garbage and waste;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(4) The layout of equipment and the technological process shall be reasonable, so as to prevent cross-contamination between food awaiting processing and food for direct consumption, and between raw materials and finished products; food shall not come into contact with toxic or unclean substances;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(5) Tableware, drinking utensils and containers holding food for direct consumption must be washed and disinfected before use; cooking utensils and other utensils must be washed and kept clean after use;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(6) The containers, packaging, tools, equipment and conditions for the storage, transportation, loading and unloading of food must be safe, harmless and kept clean, so as to prevent food contamination;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(7) Food for direct consumption shall be provided in small packages or use non-toxic and clean packaging materials;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(8) Personnel engaged in food production and marketing shall constantly maintain personal hygiene; when producing or selling food, they must wash their hands and wear clean work clothes and caps; when selling food for direct consumption, they must use sales tools;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(9) Water used must conform to the national hygiene standards for urban and rural drinking water;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(10) Detergents and disinfectants used shall be safe and harmless to the human body.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The hygiene requirements for food vendors and food operators in urban and rural fair trade during the process of food production and marketing shall be specifically prescribed by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government in accordance with this Law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 9 The production and marketing of the following foods are prohibited:文章源自FOFCC-http://fofcc.org.cn/am/11215/
(1) Foods that are putrid, deteriorated, rancid, mouldy, insect-infested, filthy and unclean, mixed with foreign matters, or otherwise abnormal in sensory characteristics, and may be harmful to human health;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(2) Foods that contain toxic or harmful substances or are contaminated by toxic or harmful substances, and may be harmful to human health;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(3) Foods that contain pathogenic parasites or microorganisms, or in which the content of microbial toxins exceeds the limits prescribed by the State;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(4) Meat and meat products that have not undergone veterinary hygiene inspection or have failed such inspection;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(5) Poultry, livestock, beasts, aquatic animals and other animals that died of disease, were poisoned to death, or died of unknown causes, and their products;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(6) Foods contaminated due to filthy and unclean containers or packaging, serious damage, or unclean transport vehicles;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(7) Foods that are adulterated, mixed with foreign substances or counterfeited, thereby affecting nutrition or hygiene;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(8) Foods processed with non-food raw materials, foods to which non-food chemical substances have been added, or foods in which non-food items are treated as food;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(9) Foods that have exceeded the shelf life;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(10) Foods that are specially prescribed by the administrative department of public health under the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government as prohibited from sale for special needs such as disease prevention;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(11) Foods containing additives that have not been approved for use by the administrative department of public health under the State Council, or in which pesticide residues exceed the allowable limits prescribed by the State;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(12) Other foods that do not conform to food hygiene standards and hygiene requirements.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 10 Medicines shall not be added to foods, except those that are traditionally both food and medicine and are added as raw materials, condiments or nutritional fortifiers.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter III Hygiene of Food Additives文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 11 The production, marketing and use of food additives must conform to the provisions of the hygiene standards for the use of food additives and the measures for hygiene administration; food additives that do not conform to the hygiene standards and the measures for hygiene administration shall not be marketed or used.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter IV Hygiene of Food Containers, Packaging Materials and Food Utensils and Equipment文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 12 Food containers, packaging materials and food utensils and equipment must conform to the provisions of hygiene standards and the measures for hygiene administration.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 13 The production of food containers, packaging materials and food utensils and equipment must use raw materials that conform to hygiene requirements. The products shall be easy to clean and disinfect.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter V Formulation of Food Hygiene Standards and Measures for Administration文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 14 The national hygiene standards, measures for hygiene administration and inspection regulations for foods, food additives, food containers, packaging materials, food utensils and equipment, detergents and disinfectants used for cleaning foods and food utensils and equipment, as well as the allowable limits of contaminants and radioactive substances in foods, shall be formulated or approved and issued by the administrative department of public health under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 15 For foods for which the State has not formulated hygiene standards, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local hygiene standards and report them to the administrative department of public health under the State Council and the administrative department in charge of standardization under the State Council for the record.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 16 Indicators of hygienic significance in the national product quality standards for food additives must be examined and approved by the administrative department of public health under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The safety evaluation of agricultural chemical substances such as pesticides and chemical fertilizers must be examined and approved by the administrative department of public health under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The veterinary hygiene inspection procedures for slaughtered livestock and poultry shall be formulated by the relevant administrative department under the State Council together with the health administrative department under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter VI Food Hygiene Management文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 17 The food production and operation management departments of people's governments at all levels shall strengthen the management of food hygiene and inspect the implementation of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
People's governments at all levels shall encourage and support the improvement of food processing techniques and promote the improvement of food hygiene quality.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 18 Food production and operation enterprises shall improve their own food hygiene management systems, be equipped with full-time or part-time food hygiene management personnel, and strengthen the inspection of the food they produce and operate.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 19 The site selection and design of newly built, expanded, or renovated projects of food production and operation enterprises shall meet hygiene requirements, and the health administrative department must participate in the design review and project acceptance.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 20 For new varieties of food and food additives produced using new resources, the production and operation enterprise must, before putting them into production, provide the materials required for the hygiene evaluation and nutritional evaluation of the products; for new varieties of food containers, packaging materials, and food utensils and equipment produced using new raw materials, the production and operation enterprise must, before putting them into production, provide the materials required for the hygiene evaluation of the products. The above-mentioned new varieties must also, before being put into production, provide samples and be submitted for approval in accordance with the prescribed food hygiene standard approval procedures.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 21 Prepackaged food and food additives must, on the package label or product specification, indicate in accordance with regulations and according to different products the product name, place of origin, factory name, production date, batch number or code, specifications, formula or main ingredients, shelf life, and method of consumption or use. The product specifications of food and food additives shall not contain exaggerated or false promotional content.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food packaging labels must be clear and easy to identify. Food sold on the domestic market must have Chinese labels.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 22 For food claimed to have specific health functions, the products and their specifications must be submitted to the health administrative department under the State Council for review and approval, and their hygiene standards and production and operation management measures shall be formulated by the health administrative department under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 23 Food claimed to have specific health functions shall not be harmful to human health, the content of its product specification must be truthful, and the functions and ingredients of the product must be consistent with the specification, without any falsehood.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 24 For food, food additives, and containers, packaging materials, and other utensils exclusively used for food, the producers must, after inspection in accordance with hygiene standards and hygiene management measures and after passing, may leave the factory or be sold.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 25 Food production and operation operators purchasing food and food raw materials shall, in accordance with relevant state regulations, obtain inspection qualification certificates or laboratory test reports, and sellers shall guarantee provision of the same. The scope and types requiring certificate requests shall be prescribed by the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 26 Food production and operation personnel must undergo a health examination every year; food production and operation personnel newly participating in work and temporarily participating in work must undergo a health examination and may participate in work only after obtaining a health certificate.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Persons suffering from digestive tract infectious diseases such as dysentery, typhoid, and viral hepatitis (including pathogen carriers), active pulmonary tuberculosis, purulent or exudative skin diseases, and other diseases hindering food hygiene shall not engage in work involving direct contact with ready-to-eat food.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 27 Food production and operation enterprises and food vendors must first obtain a hygiene license issued by the health administrative department before applying to the administrative department for industry and commerce for registration. Those that have not obtained a hygiene license shall not engage in food production and operation activities.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food production and operation operators shall not forge, alter, or lend hygiene licenses.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The measures for issuing and managing hygiene licenses shall be formulated by the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 28 Organizers of various types of food markets shall be responsible for food hygiene management within the markets and shall set up necessary public health facilities within the markets to maintain good environmental hygiene conditions.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 29 The food hygiene management work of urban and rural fair trade shall be the responsibility of the administrative departments for industry and commerce, and the food hygiene supervision and inspection work shall be the responsibility of the health administrative departments.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 30 Imported food, food additives, food containers, packaging materials, and food utensils and equipment must comply with the provisions of national hygiene standards and hygiene management measures.文章源自FOFCC-http://fofcc.org.cn/am/11215/
For the products listed in the preceding paragraph, before importation, the port imported food hygiene supervision and inspection agency shall conduct hygiene supervision and inspection. Only those that pass inspection may be imported. The customs shall release them upon the inspection qualification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11215/
When applying for inspection, the importing unit shall provide relevant materials and inspection reports on pesticides, additives, fumigants, and other related materials used in the exporting country (region).文章源自FOFCC-http://fofcc.org.cn/am/11215/
For the products listed in the first paragraph of this Article, inspection shall be conducted in accordance with national hygiene standards. If there are no national hygiene standards yet, the importing unit must provide hygiene evaluation materials issued by the health department or organization of the exporting country (region), which shall be reviewed and inspected by the port imported food hygiene supervision and inspection agency and submitted to the health administrative department under the State Council for approval.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 31 Export food shall be subject to hygiene supervision and inspection by the state import and export commodity inspection department.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The customs shall release the goods upon the certificate issued by the state import and export commodity inspection department.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter VII Food Hygiene Supervision文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 32 The health administrative departments of local people's governments at or above the county level shall exercise food hygiene supervision duties within their jurisdictions.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The food hygiene supervision agencies established by the competent railway and transportation administrative departments shall exercise the food hygiene supervision duties prescribed by the health administrative department under the State Council together with the relevant departments under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 33 The duties of food hygiene supervision are:文章源自FOFCC-http://fofcc.org.cn/am/11215/
(1) to conduct food hygiene monitoring, inspection, and technical guidance;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(2) to assist in training food production and operation personnel and supervise the health examinations of food production and operation personnel;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(3) to publicize food hygiene and nutrition knowledge, conduct food hygiene evaluations, and publish food hygiene conditions;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(4) to conduct hygiene review of the site selection and design of newly built, expanded, or renovated projects of food production and operation enterprises, and participate in project acceptance;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(5) to investigate food poisoning and food contamination accidents and take control measures;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(6) to conduct itinerant supervision and inspection of acts violating this Law;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(7) to investigate responsibility for acts violating this Law and impose administrative penalties according to law;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(8) to be responsible for other food hygiene supervision matters.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 34 The health administrative departments of people's governments at or above the county level shall appoint food hygiene supervisors. Food hygiene supervisors shall be served by qualified professional personnel and shall be issued certificates by the health administrative department at the same level.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food hygiene supervisors for railways and transportation shall be issued certificates by their superior competent departments.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 35 Food hygiene supervisors shall carry out tasks assigned by the health administrative department.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food hygiene supervisors must enforce the law impartially, be loyal to their duties, and shall not use their authority to seek personal gain.文章源自FOFCC-http://fofcc.org.cn/am/11215/
When carrying out tasks, food hygiene supervisors may inquire of food production and operation operators about the situation, obtain necessary materials, enter production and operation premises for inspection, and take samples without compensation in accordance with regulations. Production and operation operators shall not refuse or conceal.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food hygiene supervisors shall have the obligation to keep confidential the technical materials provided by production and operation operators.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 36 The health administrative departments of the State Council and of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, as needed, designate qualified units as food hygiene inspection units to conduct food hygiene inspections and issue inspection reports.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 37 Where a food production and operation operator has already caused a food poisoning accident or where there is evidence proving that it may cause a food poisoning accident, the health administrative department of the local people's government at or above the county level may take the following temporary control measures against the food production and operation operator:文章源自FOFCC-http://fofcc.org.cn/am/11215/
(1) to seal up the food and its raw materials that caused or may cause food poisoning;文章源自FOFCC-http://fofcc.org.cn/am/11215/
(2) to seal up contaminated food utensils and tools and order cleaning and disinfection.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Upon inspection, food that is contaminated shall be destroyed; food that is not contaminated shall be unsealed.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 38 Units where food poisoning occurs and units that receive patients for treatment shall, in addition to taking rescue measures, promptly report to the local health administrative department in accordance with relevant state regulations.文章源自FOFCC-http://fofcc.org.cn/am/11215/
After receiving such a report, the administrative department of public health under the local people's government at or above the county level shall promptly conduct investigation and handling, and take control measures.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter VIII Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 39 Whoever, in violation of the provisions of this Law, produces or markets food not up to the hygiene standards, thus causing a food poisoning accident or other food-borne diseases, shall be ordered to stop production or marketing, the food causing the food poisoning accident or other food-borne diseases shall be destroyed, the illegal gains shall be confiscated, and a fine of not less than one time but not more than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Whoever, in violation of the provisions of this Law, produces or markets food not up to the hygiene standards, thus causing a serious food poisoning accident or other serious food-borne diseases, and seriously endangering human health, or mixes toxic or harmful non-food raw materials into the food produced or marketed, shall be investigated for criminal liability according to law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Whoever commits any of the acts listed in this Article shall have his or her hygiene license revoked.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 40 Whoever, in violation of the provisions of this Law, engages in food production or marketing without obtaining a hygiene license or by forging a hygiene license shall be banned, the illegal gains shall be confiscated, and a fine of not less than one time but not more than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of not less than 500 yuan but not more than 30,000 yuan shall be imposed. Whoever alters or lends a hygiene license shall have the hygiene license confiscated, the illegal gains shall be confiscated, and a fine of not less than one time but not more than three times the illegal gains shall be imposed; if there are no illegal gains, a fine of not less than 500 yuan but not more than 10,000 yuan shall be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 41 Whoever, in violation of the provisions of this Law, fails to meet the hygiene requirements in the process of food production or marketing shall be ordered to make corrections and given a warning, and may also be fined not more than 5,000 yuan; if the offender refuses to make corrections or there are other serious circumstances, the hygiene license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 42 Whoever, in violation of the provisions of this Law, produces or markets food the production or marketing of which is prohibited shall be ordered to stop production or marketing, immediately announce the recall of the food already sold and destroy such food, the illegal gains shall be confiscated, and a fine of not less than one time but not more than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 43 Whoever, in violation of the provisions of this Law, produces or markets staple or supplementary food specially for infants and young children that does not meet the nutritional or hygiene standards shall be ordered to stop production or marketing, immediately announce the recall of the food already sold and destroy such food, the illegal gains shall be confiscated, and a fine of not less than one time but not more than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 44 Whoever, in violation of the provisions of this Law, produces, markets or uses food additives, food containers, packaging materials, food tools, equipment, detergents or disinfectants that do not meet the hygiene standards and the provisions of the hygiene administration measures shall be ordered to stop production or use, the illegal gains shall be confiscated, and a fine of not less than one time but not more than three times the illegal gains shall be imposed; if there are no illegal gains, a fine of not more than 5,000 yuan shall be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 45 Whoever, in violation of the provisions of this Law, produces or markets food that indicates a specific health care function without examination and approval by the administrative department of public health under the State Council, or the product instructions of such food contain false contents, shall be ordered to stop production or marketing, the illegal gains shall be confiscated, and a fine of not less than one time but not more than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 46 Whoever, in violation of the provisions of this Law, fails to indicate or falsely indicates on the package label or product instructions of prepackaged food or food additives such prescribed particulars as the date of production and the term of quality guarantee, or fails to indicate Chinese labels in violation of the provisions, shall be ordered to make corrections and may also be fined not less than 500 yuan but not more than 10,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 47 Whoever, in violation of the provisions of this Law, engages in food production or marketing while the persons engaged in food production or marketing have not obtained health certificates, or fails to transfer, as prescribed, the persons engaged in food production or marketing who suffer from diseases and therefore must not come into contact with directly edible food, shall be ordered to make corrections and may also be fined not more than 5,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 48 Whoever, in violation of the provisions of this Law, causes a food poisoning accident or other food-borne diseases, or causes damage to another person due to other acts in violation of this Law, shall bear civil liability for compensation according to law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 49 The administrative penalties prescribed in this Law shall be decided by the administrative departments of public health under the local people's governments at or above the county level. Other organs exercising the power of food hygiene supervision as prescribed in this Law shall, within the scope of their prescribed duties, make decisions on administrative penalties in accordance with the provisions of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 50 If a party is dissatisfied with a decision on administrative penalty, it may, within 15 days from the date of receipt of the notice of penalty, apply to the organ at the next higher level of the organ that made the decision on penalty for reconsideration; the party may also, within 15 days from the date of receipt of the notice of penalty, directly bring a suit in a people's court.文章源自FOFCC-http://fofcc.org.cn/am/11215/
The reconsideration organ shall make a reconsideration decision within 15 days from the date of receipt of the application for reconsideration. If the party is dissatisfied with the reconsideration decision, it may, within 15 days from the date of receipt of the reconsideration decision, bring a suit in a people's court.文章源自FOFCC-http://fofcc.org.cn/am/11215/
If a party neither applies for reconsideration nor brings a suit in a people's court within the time limit, and fails to perform the penalty decision, the organ that made the penalty decision may apply to a people's court for compulsory enforcement.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 51 If an administrative department of public health, in violation of the provisions of this Law, issues a hygiene license to a producer or marketer that does not meet the conditions, administrative sanctions shall be given to the persons directly responsible; if the offender accepts bribes and the act constitutes a crime, criminal liability shall be investigated according to law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 52 If a food hygiene supervisor or administrator abuses his or her power, neglects his or her duty, or engages in malpractices for personal gain, thus causing a major accident and constituting a crime, criminal liability shall be investigated according to law; if the act does not constitute a crime, administrative sanctions shall be given according to law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 53 Whoever obstructs a food hygiene supervisor or administrator from performing his or her duties according to law by violence or threat shall be investigated for criminal liability according to law; whoever refuses or obstructs a food hygiene supervisor or administrator from performing his or her duties according to law without using violence or threat shall be punished by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Chapter IX Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 54 The meanings of the following terms in this Law are:文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food: refers to various finished products and raw materials for human consumption or drinking, as well as articles that are traditionally both food and medicine, but does not include articles used for therapeutic purposes.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food additive: refers to chemically synthesized or natural substances added to food for the purpose of improving food quality and color, aroma and taste, as well as for the needs of preservation and processing technology.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Nutritional fortifier: refers to natural or artificially synthesized food additives that fall within the scope of natural nutrients and are added to food to enhance nutritional components.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food container and packaging material: refers to products such as paper, bamboo, wood, metal, enamel, ceramics, plastic, rubber, natural fiber, chemical fiber and glass used for packaging and containing food, and coatings that come into contact with food.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food tool and equipment: refers to machinery, pipes, conveyor belts, containers, utensils, tableware, etc. that come into contact with food in the process of food production or marketing.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food production or marketing: refers to all activities such as the production (excluding planting and breeding), collection, purchase, processing, storage, transportation, display, supply and sale of food.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Food producer or marketer: refers to all units or individuals engaged in food production or marketing, including staff canteens and food vendors.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 55 The measures for the administration of exported food shall be formulated separately by the State import and export commodity inspection department together with the administrative department of public health under the State Council and the relevant administrative departments.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 56 The measures for the hygiene administration of food specially for military use and food for self-supply by the armed forces shall be formulated by the Central Military Commission in accordance with this Law.文章源自FOFCC-http://fofcc.org.cn/am/11215/
Article 57 This Law shall come into force on the date of promulgation. The Food Hygiene Law of the People's Republic of China (for Trial Implementation) shall be repealed at the same time.文章源自FOFCC-http://fofcc.org.cn/am/11215/