Food Safety Law of the People's Republic of China文章源自FOFCC-http://fofcc.org.cn/am/11227/
(Adopted at the 7th Session of the Standing Committee of the 11th National People's Congress on February 28, 2009)文章源自FOFCC-http://fofcc.org.cn/am/11227/
Table of Contents文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter II Food Safety Risk Monitoring and Assessment文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter III Food Safety Standards文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter IV Food Production and Business Operations文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter V Food Inspection文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter VI Food Import and Export文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter VII Handling of Food Safety Accidents文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter VIII Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter IX Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter X Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 1 This Law is enacted to ensure food safety and protect public health and life safety.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 2 The following activities conducted within the territory of the People's Republic of China shall comply with this Law:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Food production and processing (hereinafter referred to as food production), food distribution and catering services (hereinafter referred to as food business operations);文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Production and business operations of food additives;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Production and business operations of packaging materials, containers, detergents, and disinfectants used for food, as well as tools and equipment used for food production and business operations (hereinafter referred to as food-related products);文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Use of food additives and food-related products by food producers and business operators;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Safety management of food, food additives, and food-related products.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The quality and safety management of primary agricultural products for consumption (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the formulation of quality and safety standards for edible agricultural products and the publication of information related to the safety of edible agricultural products shall comply with the relevant provisions of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 3 Food producers and business operators shall engage in production and business activities in accordance with laws, regulations, and food safety standards, be responsible to society and the public, ensure food safety, accept social supervision, and bear social responsibility.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 4 The State Council shall establish a Food Safety Committee, whose functions and responsibilities shall be prescribed by the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The health administrative department of the State Council shall undertake the responsibilities of comprehensive coordination of food safety, be responsible for food safety risk assessment, formulation of food safety standards, publication of food safety information, formulation of qualification accreditation conditions and inspection specifications for food inspection institutions, and organize the investigation and handling of major food safety accidents.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The quality supervision, industry and commerce administration, and state food and drug administration departments of the State Council shall, in accordance with this Law and the functions and responsibilities prescribed by the State Council, respectively implement supervision and management over food production, food distribution, and catering service activities.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 5 Local people's governments at or above the county level shall be uniformly responsible for, lead, organize, and coordinate the food safety supervision and management work within their respective administrative regions, establish and improve a working mechanism for whole-process food safety supervision and management; uniformly lead and direct the response to food safety emergencies; improve and implement the food safety supervision and management responsibility system, and conduct evaluations and assessments of food safety supervision and management departments.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the food safety supervision and management responsibilities of the health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at the same level. Relevant departments shall, within the scope of their respective responsibilities, be responsible for food safety supervision and management work within their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Institutions established by departments under people's governments at higher levels in lower-level administrative regions shall, under the unified organization and coordination of the local people's government, properly carry out food safety supervision and management work in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 6 The health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall strengthen communication, closely cooperate, exercise their functions and powers in accordance with law according to their respective divisions of responsibilities, and bear responsibility.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 7 Food industry associations shall strengthen industry self-discipline, guide food producers and business operators to engage in production and business operations in accordance with law, promote industry integrity building, and publicize and popularize food safety knowledge.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 8 The State encourages social organizations and grassroots self-governing mass organizations to carry out work on the popularization of food safety laws, regulations, standards, and knowledge, advocate healthy dietary practices, and enhance consumers' food safety awareness and self-protection capabilities.文章源自FOFCC-http://fofcc.org.cn/am/11227/
News media shall carry out public-interest publicity on food safety laws, regulations, standards, and knowledge, and conduct public opinion supervision over acts violating this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 9 The State encourages and supports basic research and applied research related to food safety, and encourages and supports food producers and business operators to adopt advanced technologies and advanced management practices to improve food safety levels.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 10 Any organization or individual has the right to report acts violating this Law in food production and business operations, has the right to obtain food safety information from relevant departments, and may put forward opinions and suggestions on food safety supervision and management work. 文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter II Food Safety Risk Monitoring and Assessment文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 11 The State establishes a food safety risk monitoring system to monitor foodborne diseases, food contamination, and harmful factors in food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The health administrative department of the State Council shall, together with relevant departments of the State Council, formulate and implement 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, based on the national food safety risk monitoring plan and in light of the specific circumstances of their respective administrative regions, organize the formulation and implementation of food safety risk monitoring programs for their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 12 Where the agriculture administration, quality supervision, industry and commerce administration, and state food and drug administration departments of the State Council and other relevant departments learn of information related to food safety risks, they shall immediately notify the health administrative department of the State Council. The health administrative department of the State Council shall, together with relevant departments, verify the information and promptly adjust the food safety risk monitoring plan.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 13 The State establishes a food safety risk assessment system to conduct risk assessments of biological, chemical, and physical hazards in food and food additives.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The health administrative department of the State Council shall be responsible for organizing food safety risk assessment work and shall establish a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, and other fields to conduct food safety risk assessments.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The safety assessment of pesticides, fertilizers, growth regulators, veterinary drugs, feed and feed additives, etc., shall be participated in by experts from the Expert Committee for Food Safety Risk Assessment.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food safety risk assessment shall be conducted using scientific methods, based on food safety risk monitoring information, scientific data, and other relevant information.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 14 Where the health administrative department under the State Council discovers through food safety risk monitoring or upon receiving a report that food may have potential safety hazards, it shall immediately organize inspection and food safety risk assessment.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 15 The agriculture administration, quality supervision, industry and commerce administration, and state food and drug administration departments under the State Council shall propose recommendations for food safety risk assessment to the health administrative department under the State Council, and provide relevant information and materials.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The health administrative department under the State Council shall promptly notify the relevant departments under the State Council of the results of food safety risk assessment.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 16 The results of food safety risk assessment are the scientific basis for formulating and revising food safety standards and for implementing supervision and management over food safety.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where the results of food safety risk assessment conclude that food is unsafe, the quality supervision, industry and commerce administration, and state food and drug administration departments under the State Council shall, in accordance with their respective duties, immediately take corresponding measures to ensure that the food is discontinued from production and operation, and inform consumers to stop eating it; where it is necessary to formulate or revise relevant national food safety standards, the health administrative department under the State Council shall immediately formulate or revise them.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 17 The health administrative department under the State Council shall, together with the relevant departments under the State Council, conduct a comprehensive analysis of the food safety situation based on the results of food safety risk assessment and food safety supervision and management information. For food that, through comprehensive analysis, is shown to possibly have a relatively high degree of safety risk, the health administrative department under the State Council shall promptly issue a food safety risk warning and make it public.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter III Food Safety Standards文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 18 The formulation of food safety standards shall take safeguarding public health as its purpose and shall be scientifically reasonable, safe, and reliable.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 19 Food safety standards are mandatory standards. Apart from food safety standards, no other mandatory food standards may be formulated.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 20 Food safety standards shall include the following contents:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Provisions on the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances harmful to human health in food and food-related products;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) The varieties, scope of use, and dosage of food additives;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Nutritional composition requirements for staple and supplementary foods exclusively for infants and young children and other specific populations;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Requirements for labels, markings, and instructions related to food safety and nutrition;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Sanitation requirements for the food production and operation process;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(6) Quality requirements related to food safety;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(7) Food inspection methods and procedures;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(8) Other contents that need to be formulated as food safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 21 National food safety standards shall be formulated and promulgated by the health administrative department under the State Council, and the standardization administration department under the State Council shall provide the national standard numbers.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The limit provisions for pesticide residues and veterinary drug residues in food and their inspection methods and procedures shall be formulated by the health administrative department under the State Council and the agriculture administration department under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The inspection procedures for slaughtered livestock and poultry shall be formulated by the relevant competent departments under the State Council together with the health administrative department under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where relevant product national standards involve provisions of national food safety standards, they shall be consistent with the national food safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 22 The health administrative department under the State Council shall integrate the mandatory standards among the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards, and industry standards related to food, and uniformly promulgate them as national food safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Before the national food safety standards provided for in this Law are promulgated, food producers and operators shall produce and operate food in accordance with the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards, and industry standards related to food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 23 National food safety standards shall be reviewed and approved by the National Food Safety Standards Review Committee. The National Food Safety Standards Review Committee shall be composed of experts in medicine, agriculture, food, nutrition, and other fields, as well as representatives of relevant departments under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
In formulating national food safety standards, the results of food safety risk assessment shall be used as the basis, and the results of quality and safety risk assessment of edible agricultural products shall be fully considered, relevant international standards and international food safety risk assessment results shall be referenced, and the opinions of food producers and operators and consumers shall be extensively solicited.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 24 Where there are no national food safety standards, local food safety standards may be formulated.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall organize the formulation of local food safety standards, shall refer to and apply the provisions of this Law on the formulation of national food safety standards, and shall report them to the health administrative department under the State Council for filing.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 25 Where food produced by an enterprise has no national or local food safety standards, the enterprise shall formulate enterprise standards as the basis for organizing production. The State encourages food production enterprises to formulate enterprise standards that are stricter than national or local food safety standards. Enterprise standards shall be reported to the provincial health administrative department for filing and shall apply within the enterprise itself.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 26 Food safety standards shall be made available to the public for free consultation.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter IV Food Production and Operation文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 27 Food production and operation shall comply with food safety standards and meet the following requirements:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Having places for food raw material processing and food processing, packaging, storage, etc., commensurate with the varieties and quantities of food produced and operated, keeping such places clean and tidy, and maintaining the prescribed distance from toxic and harmful places and other sources of contamination;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Having production and operation equipment or facilities commensurate with the varieties and quantities of food produced and operated, and having corresponding equipment or facilities for disinfection, changing clothes, washing, lighting, illumination, ventilation, preservation, dust prevention, fly prevention, rat prevention, insect prevention, washing, as well as treatment of wastewater and storage of garbage and waste;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Having food safety professional and technical personnel, management personnel, and rules and regulations ensuring food safety;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Having a reasonable equipment layout and process flow to prevent cross-contamination between food awaiting processing and ready-to-eat food, and between raw materials and finished products, and to avoid food contact with toxic or unclean substances;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Tableware, drinking utensils, and containers holding ready-to-eat food shall be washed and disinfected before use, and cooking utensils and tools shall be washed after use and kept clean;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(6) Containers, tools, and equipment for storing, transporting, loading, and unloading food shall be safe, harmless, kept clean, prevent food contamination, and meet special requirements such as temperature necessary to ensure food safety; food shall not be transported together with toxic or harmful items;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(7) Ready-to-eat food shall have small packaging or use non-toxic and clean packaging materials and tableware;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(8) Food production and operation personnel shall maintain personal hygiene; when producing and operating food, they shall wash their hands and wear clean work clothes and hats; when selling unpackaged ready-to-eat food, they shall use non-toxic and clean sales tools;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(9) Water used shall comply with the national sanitary standards for drinking water;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(10) Detergents and disinfectants used shall be safe and harmless to the human body;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(11) Other requirements provided by laws and regulations.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 28 The production and operation of the following foods are prohibited:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Food produced using non-food raw materials or food with chemical substances other than food additives and other substances that may harm human health added, or food produced using recycled food as raw materials;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Food in which the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances harmful to human health exceeds the limits of food safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Staple and supplementary foods exclusively for infants and young children and other specific populations whose nutritional composition does not comply with food safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Food that is spoiled, deteriorated, rancid in fats, moldy, insect-infested, filthy, mixed with foreign matter, adulterated, or abnormal in sensory properties;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Meat and meat products of poultry, livestock, beasts, or aquatic animals that died from disease, poisoning, or unknown causes;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(6) Meat that has not been inspected by the animal health supervision institution or has failed inspection, or meat products that have not been tested or have failed testing;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(7) Food contaminated by packaging materials, containers, transport vehicles, etc.;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(8) Food beyond its shelf life;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(9) Prepackaged food without labels;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(10) Food that the state has explicitly prohibited from production and operation for special needs such as disease prevention;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(11) Other food that does not comply with food safety standards or requirements.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 29 The state implements a licensing system for food production and operation. Those engaged in food production, food circulation, and catering services shall obtain food production licenses, food circulation licenses, and catering service licenses in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
A food producer that has obtained a food production license does not need to obtain a food circulation license to sell the food it produces at its production site; a catering service provider that has obtained a catering service license does not need to obtain food production and circulation licenses to sell the food it makes and processes at its catering service site; individual farmers do not need to obtain a food circulation license to sell their self-produced edible agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Small food production and processing workshops and food vendors engaged in food production and operation activities shall comply with the food safety requirements stipulated in this Law that are appropriate to their production and operation scale and conditions, ensure that the food they produce and operate is hygienic, non-toxic, and harmless, and relevant departments shall strengthen supervision and management over them. Specific management measures shall be formulated 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/11227/
Article 30 Local people's governments at or above the county level shall encourage small food production and processing workshops to improve production conditions; encourage food vendors to enter fixed premises such as centralized trading markets and shops for operation.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 31 The quality supervision, industry and commerce administration, and food and drug supervision and management departments at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, review the relevant materials submitted by applicants as required by Items 1 to 4 of Article 27 of this Law, and conduct on-site verification of the applicant's production and operation premises when necessary; if the prescribed conditions are met, decide to grant the license; if the prescribed conditions are not met, decide not to grant the license and explain the reasons in writing.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 32 Food production and operation enterprises shall establish and improve their own food safety management systems, strengthen training for employees on food safety knowledge, assign full-time or part-time food safety management personnel, perform well the inspection of the food they produce and operate, and engage in food production and operation activities in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 33 The state encourages food production and operation enterprises to meet the requirements of good manufacturing practices, implement hazard analysis and critical control point systems, and improve food safety management levels.文章源自FOFCC-http://fofcc.org.cn/am/11227/
For food production and operation enterprises that have obtained certification for good manufacturing practices and hazard analysis and critical control point systems, the certification body shall conduct follow-up investigations in accordance with the law; for enterprises that no longer meet the certification requirements, it shall revoke the certification in accordance with the law, promptly notify the relevant quality supervision, industry and commerce administration, and food and drug supervision and management departments, and announce it to the public. Certification bodies shall not charge any fees for conducting follow-up investigations.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 34 Food producers and operators shall establish and implement a health management system for employees. Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever, and viral hepatitis, as well as persons suffering from active pulmonary tuberculosis, purulent or exudative skin diseases, or other diseases that hinder food safety, shall not engage in work that involves direct contact with ready-to-eat food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food production and operation personnel shall undergo a health examination every year and may only begin work after obtaining a health certificate.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 35 Producers of edible agricultural products shall use agricultural inputs such as pesticides, fertilizers, growth regulators, veterinary drugs, feed, and feed additives in accordance with food safety standards and relevant state regulations. Production enterprises of edible agricultural products and specialized farmers' cooperative economic organizations shall establish a production record system for edible agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Agricultural administrative departments at or above the county level shall strengthen the management and guidance of the use of agricultural inputs and establish and improve a safe use system for agricultural inputs.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 36 Food producers purchasing food raw materials, food additives, and food-related products shall verify the supplier's license and product qualification certification documents; for food raw materials for which qualification certification documents cannot be provided, they shall conduct inspections in accordance with food safety standards; they shall not purchase or use food raw materials, food additives, and food-related products that do not comply with food safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food production enterprises shall establish a system of records for incoming inspection of food raw materials, food additives, and food-related products, and truthfully record contents such as the name, specifications, quantity, supplier name and contact information, and date of purchase of food raw materials, food additives, and food-related products.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Records of incoming inspection of food raw materials, food additives, and food-related products shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 37 Food production enterprises shall establish a system of records for factory inspection of food, verify the inspection qualification certificate and safety status of food leaving the factory, and truthfully record contents such as the name, specifications, quantity, production date, production batch number, inspection qualification certificate number, purchaser name and contact information, and sales date of the food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Records of factory inspection of food shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 38 Producers of food, food additives, and food-related products shall inspect the food, food additives, and food-related products they produce in accordance with food safety standards, and may only release them from the factory or sell them after they pass inspection.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 39 Food operators purchasing food shall verify the supplier's license and food qualification certification documents.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food operation enterprises shall establish a system of records for incoming inspection of food, and truthfully record contents such as the name, specifications, quantity, production batch number, shelf life, supplier name and contact information, and date of purchase of the food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Records of incoming inspection of food shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://fofcc.org.cn/am/11227/
For food operation enterprises that implement a unified distribution and operation model, the enterprise headquarters may uniformly verify the supplier's license and food qualification certification documents and conduct records of incoming inspection of food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 40 Food operators shall store food in accordance with the requirements for ensuring food safety, regularly inspect inventory food, and promptly clean up food that has deteriorated or exceeded its shelf life.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 41 Where food operators store bulk food, they shall indicate at the storage location contents such as the name, production date, shelf life, producer name and contact information of the food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where food operators sell bulk food, they shall indicate on the containers and outer packaging of the bulk food contents such as the name, production date, shelf life, producer and operator name and contact information of the food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 42 The packaging of prepackaged food shall bear a label. The label shall indicate the following matters:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Name, specifications, net content, and production date;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Ingredients or ingredient list;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Name, address, and contact information of the producer;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Shelf life;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Product standard code;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(6) Storage conditions;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(7) Common names in national standards of the food additives used;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(8) Production license number;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(9) Other matters that must be indicated as required by laws, regulations, or food safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11227/
For staple and supplementary foods exclusively for infants, young children, and other specific populations, their labels shall also indicate the main nutritional components and their contents.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 43 The state implements a licensing system for the production of food additives. The conditions and procedures for applying for a food additive production license shall be implemented in accordance with the state regulations on the administration of production licenses for industrial products.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 44 Units or individuals applying to use new food raw materials for food production or to engage in production activities involving new varieties of food additives or new varieties of food-related products shall submit safety assessment materials for the relevant products to the health administrative department of the State Council. The health administrative department of the State Council shall, within 60 days from the date of receiving the application, organize a review of the safety assessment materials for the relevant products; if the food safety requirements are met, decide in accordance with the law to grant the license and announce it; if the food safety requirements are not met, decide not to grant the license and explain the reasons in writing.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 45 Food additives may only be included in the scope of permitted use when they are technically necessary and have been proven safe and reliable through risk assessment. The health administrative department of the State Council shall, based on technical necessity and the results of food safety risk assessment, promptly revise the standards for the varieties, scope of use, and dosage of food additives.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 46 Food producers shall use food additives in accordance with the provisions of food safety standards regarding the varieties, scope of use, and dosage of food additives; they shall not use chemical substances other than food additives or other substances that may endanger human health in food production.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 47 Food additives shall have labels, instructions, and packaging. The labels and instructions shall state the matters specified in Items 1 to 6, Item 8, and Item 9 of Paragraph 1 of Article 42 of this Law, as well as the scope of use, dosage, and method of use of the food additive, and the words “food additive” shall be stated on the label.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 48 The labels and instructions of food and food additives shall not contain false or exaggerated content, and shall not involve disease prevention or treatment functions. Producers shall be responsible for the content stated on the labels and instructions.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The labels and instructions of food and food additives shall be clear, conspicuous, and easy to identify.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food and food additives that do not conform to the contents stated on their labels or instructions shall not be placed on the market for sale.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 49 Food business operators shall sell prepackaged food in accordance with the warning signs, warning instructions, or precautions indicated on the food labels.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 50 Drugs shall not be added to food produced or operated, but substances that are traditionally both food and Chinese medicinal materials may be added. The catalogue of substances that are traditionally both food and Chinese medicinal materials shall be formulated and published by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 51 The State exercises strict supervision over food claimed to have specific health functions. The relevant supervisory and administrative departments shall perform their duties in accordance with the law and bear responsibility. Specific administrative measures shall be prescribed by the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food claimed to have specific health functions shall not cause acute, subacute, or chronic harm to the human body. Its labels and instructions shall not involve disease prevention or treatment functions, and the contents must be truthful. They shall state the suitable population, unsuitable population, functional ingredients or marker ingredients and their contents, etc.; the functions and ingredients of the product must be consistent with the labels and instructions.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 52 The organizers of centralized trading markets, counter lessors, and organizers of trade fairs shall examine the licenses of food business operators entering the venue, clarify the food safety management responsibilities of food business operators entering the venue, and regularly inspect the business environment and conditions of food business operators entering the venue. Upon discovering that a food business operator has committed an act violating the provisions of this Law, they shall promptly stop it and immediately report to the county-level administrative department for industry and commerce or the food and drug supervision and administration department at the place where they are located.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If the organizers of centralized trading markets, counter lessors, and organizers of trade fairs fail to perform the obligations prescribed in the preceding paragraph, and a food safety accident occurs in the market, they shall bear joint and several liability.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 53 The State establishes a food recall system. If a food producer discovers that the food it produces does not conform to food safety standards, it shall immediately stop production, recall the food already placed on the market for sale, notify the relevant producers, operators, and consumers, and record the recall and notification circumstances.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If a food business operator discovers that the food it operates does not conform to food safety standards, it shall immediately stop operating, notify the relevant producers, operators, and consumers, and record the circumstances of stopping operation and notification. If the food producer considers that a recall should be conducted, it shall immediately recall the food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food producers shall take measures such as remediation, harmless treatment, and destruction with respect to recalled food, and shall report the food recall and handling circumstances to the quality supervision department at or above the county level.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If a food producer or business operator fails to recall or stop operating food that does not conform to food safety standards in accordance with the provisions of this Article, the quality supervision, administrative department for industry and commerce, and food and drug supervision and administration department at or above the county level may order it to recall or stop operating.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 54 The contents of food advertisements shall be truthful and lawful, shall not contain false or exaggerated contents, and shall not involve disease prevention or treatment functions.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food safety supervision and administration departments, institutions undertaking food inspection duties, food industry associations, and consumers associations shall not recommend food to consumers through advertisements or other forms.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 55 If social organizations or other organizations or individuals recommend food to consumers in false advertisements, causing damage to the lawful rights and interests of consumers, they shall bear joint and several liability with the food producer or business operator.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 56 Local people's governments at all levels encourage large-scale food production and chain operation and distribution.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter V Food Inspection文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 57 A food inspection institution may engage in food inspection activities only after obtaining qualification accreditation in accordance with the relevant provisions of the State on certification and accreditation. However, where the law provides otherwise, such provisions shall prevail.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The conditions for qualification accreditation and inspection specifications of food inspection institutions shall be prescribed by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food inspection institutions that were approved for establishment by the relevant competent departments of the State Council or lawfully recognized before the implementation of this Law may continue to engage in food inspection activities in accordance with this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 58 Food inspection shall be independently conducted by inspectors designated by the food inspection institution.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Inspectors shall inspect food in accordance with the provisions of relevant laws and regulations and in accordance with food safety standards and inspection specifications, respect science, strictly observe professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 59 Food inspection shall implement a system under which the food inspection institution and the inspector are responsible. Food inspection reports shall be affixed with the official seal of the food inspection institution and shall have the signature or seal of the inspector. The food inspection institution and the inspector shall be responsible for the food inspection reports issued.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 60 Food safety supervision and administration departments shall not implement exemption from inspection with respect to food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The quality supervision, administrative department for industry and commerce, and food and drug supervision and administration department at or above the county level shall conduct regular or irregular sampling inspections of food. When conducting sampling inspections, they shall purchase the samples taken and shall not charge inspection fees or any other fees.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If the quality supervision, administrative department for industry and commerce, and food and drug supervision and administration department at or above the county level need to inspect food in law enforcement work, they shall entrust a food inspection institution conforming to the provisions of this Law to conduct the inspection and pay the relevant fees. If there is an objection to the inspection conclusion, a re-inspection may be conducted in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 61 Food production and operation enterprises may inspect the food they produce by themselves, or may entrust a food inspection institution conforming to the provisions of this Law to conduct inspection.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If food industry associations and other organizations or consumers need to entrust a food inspection institution to inspect food, they shall entrust a food inspection institution conforming to the provisions of this Law to conduct the inspection.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter VI Food Import and Export文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 62 Imported food, food additives, and food-related products shall conform to China's national food safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Imported food shall be released by customs upon presentation of the customs clearance certificate issued by the entry-exit inspection and quarantine institution after passing inspection by the entry-exit inspection and quarantine institution.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 63 For imported food for which there is no national food safety standard, or for the first import of a new variety of food additive or a new variety of food-related product, the importer shall submit an application to the health administrative department of the State Council and submit relevant safety assessment materials. The health administrative department of the State Council shall make a decision on whether to grant permission in accordance with the provisions of Article 44 of this Law, and shall promptly formulate the corresponding national food safety standard.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 64 If a food safety incident occurring overseas may affect the territory of China, or if serious food safety problems are discovered in imported food, the national entry-exit inspection and quarantine department shall promptly adopt risk warning or control measures and notify the health administration, agriculture administration, industry and commerce administration, and national food and drug supervision and administration departments of the State Council. The departments receiving the notification shall promptly take corresponding measures.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 65 Exporters or agents exporting food to the territory of China shall file records with the national entry-exit inspection and quarantine department. Overseas food production enterprises exporting food to the territory of China shall be registered with the national entry-exit inspection and quarantine department.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The national entry-exit inspection and quarantine department shall periodically publish the list of exporters and agents that have filed records and overseas food production enterprises that have been registered.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 66 Imported prepackaged food shall have Chinese labels and Chinese instructions. The labels and instructions shall conform to the provisions of this Law and other relevant laws and administrative regulations of China and the requirements of national food safety standards, and shall state the place of origin of the food and the name, address, and contact information of the domestic agent. Prepackaged food without Chinese labels or Chinese instructions, or whose labels or instructions do not conform to the provisions of this Article, shall not be imported.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 67 Importers shall establish a system of records for food import and sales, truthfully recording contents such as the name, specifications, quantity, production date, production or import batch number, shelf life, names and contact information of the exporter and purchaser, and delivery date of the food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food import and sales records shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 68 Exported food shall be supervised and spot-checked by the entry-exit inspection and quarantine institution, and customs shall release it upon presentation of the customs clearance certificate issued by the entry-exit inspection and quarantine institution.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Export food production enterprises and export food raw material planting and breeding farms shall file records with the national entry-exit inspection and quarantine department.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 69 The national entry-exit inspection and quarantine department shall collect and summarize import and export food safety information and promptly notify relevant departments, institutions, and enterprises.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The national entry-exit inspection and quarantine department shall establish and publish credit records of importers, exporters, and export food production enterprises for imported and exported food. For importers, exporters, and export food production enterprises with adverse records, inspection and quarantine of their imported and exported food shall be strengthened.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter VII Handling of Food Safety Accidents文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 70 The State Council shall organize the formulation of a national emergency plan for food safety accidents.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, the food safety accident emergency plans of the people's government at the next higher level, and the actual conditions of their respective regions, formulate food safety accident emergency plans for their administrative regions and report them to the people's government at the next higher level for the record.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food production and operation enterprises shall formulate food safety accident handling plans, regularly inspect the implementation of various food safety preventive measures in the enterprise, and promptly eliminate hidden dangers of food safety accidents.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 71 Units where a food safety accident occurs shall immediately handle it to prevent the accident from expanding. The unit where the accident occurs and the unit receiving patients for treatment shall promptly report to the county-level health administrative department at the place where the accident occurs.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If the agriculture administration, quality supervision, industry and commerce administration, and food and drug supervision and administration departments discover a food safety accident in routine supervision and management, or receive a report on a food safety accident, they shall immediately notify the health administrative department.文章源自FOFCC-http://fofcc.org.cn/am/11227/
If a major food safety accident occurs, the county-level health administrative department receiving the report shall report to the people's government at the same level and the health administrative department of the people's government at the next higher level in accordance with regulations. The county-level people's government and the health administrative department of the people's government at the next higher level shall report upward in accordance with regulations.文章源自FOFCC-http://fofcc.org.cn/am/11227/
No unit or individual may conceal, falsely report, or delay reporting a food safety accident, or destroy relevant evidence.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 72 After receiving a report on a food safety accident, the health administrative department at or above the county level shall immediately, together with the relevant agriculture administration, quality supervision, industry and commerce administration, and food and drug supervision and administration departments, conduct investigation and handling, and adopt the following measures to prevent or mitigate social harm:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Carry out emergency rescue work. For persons suffering personal injury as a result of a food safety accident, the health administration department shall immediately organize treatment;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Seal up the food and food raw materials that may cause the food safety accident and immediately conduct inspection; for food and food raw materials confirmed to be contaminated, order the food producer or operator to recall, stop operating, and destroy them in accordance with Article 53 of this Law;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Seal up contaminated food tools and utensils and order them to be cleaned and disinfected;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Do a good job in information release, release information on the food safety accident and its handling in accordance with the law, and explain and clarify the possible harm.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where a major food safety accident occurs, the people's government at or above the county level shall immediately establish a food safety accident handling command body, activate the emergency plan, and handle the matter in accordance with the provisions of the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 73 Where a major food safety accident occurs, the health administration department of the people's government at or above the level of a city divided into districts shall immediately, together with the relevant departments, conduct an investigation into the responsibility for the accident, urge the relevant departments to perform their duties, and submit an investigation and handling report on the accident responsibility to the people's government at the same level.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where a major food safety accident involves two or more provinces, autonomous regions, or municipalities directly under the Central Government, the health administration department under the State Council shall organize an investigation into the responsibility for the accident in accordance with the provisions of the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 74 Where a food safety accident occurs, the disease prevention and control institution at or above the county level shall assist the health administration department and the relevant departments in carrying out sanitary handling at the scene of the accident and conduct an epidemiological investigation into the factors related to the food safety accident.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 75 In investigating a food safety accident, in addition to ascertaining the responsibility of the entity involved in the accident, it shall also ascertain the dereliction of duty and misconduct of the staff of the regulatory departments and certification bodies responsible for supervision and administration and certification.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter VIII Supervision and Administration文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 76 The local people's government at or above the county level shall organize the health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at the same level to formulate an annual food safety supervision and administration plan for their administrative region, and organize and carry out work in accordance with the annual plan.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 77 The quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall, in performing their respective food safety supervision and administration duties, have the power to take the following measures:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Enter production and operation premises to carry out on-site inspection;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Conduct sampling inspection of food produced and operated;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Consult and copy relevant contracts, bills, account books, and other relevant materials;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Seal up and seize food that has evidence proving it does not conform to food safety standards, illegally used food raw materials, food additives, food-related products, and tools and equipment used for illegal production and operation or that have been contaminated;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Seal up premises illegally engaged in food production and operation activities.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The agriculture administration department at or above the county level shall, in accordance with the duties prescribed by the Law of the People's Republic of China on the Quality and Safety of Agricultural Products, supervise and administer edible agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 78 Where the quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level conduct supervisory inspection of food producers and operators, they shall record the circumstances and handling results of the supervisory inspection. The supervisory inspection record shall be signed by the supervisory inspection personnel and the food producer or operator and then filed.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 79 The quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall establish food safety credit files for food producers and operators, recording such matters as issuance of licenses, results of routine supervisory inspection, and investigation and handling of illegal acts; based on the records in the food safety credit files, they shall increase the frequency of supervisory inspection of food producers and operators with bad credit records.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 80 Where the health administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level receive consultations, complaints, or reports, they shall accept those that fall within their own departmental duties and promptly reply, verify, and handle them; for those that do not fall within their own departmental duties, they shall notify in writing and transfer them to the department with authority to handle them. The department with authority to handle them shall handle them promptly and may not shift responsibility; where a food safety accident is involved, it shall be handled in accordance with the relevant provisions of Chapter VII of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 81 The health administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall perform their food safety supervision and administration duties in accordance with statutory authority and procedures; for the same illegal act of a producer or operator, they may not impose an administrative penalty of a fine more than once; where a crime is suspected, they shall transfer the case to the public security organ in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 82 The state establishes a unified food safety information release system. The following information shall be uniformly released by the health administration department under the State Council:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) The overall national food safety situation;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Food safety risk assessment information and food safety risk warning information;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Information on major food safety accidents and their handling;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Other important food safety information and information that the State Council determines needs to be uniformly released.文章源自FOFCC-http://fofcc.org.cn/am/11227/
For the information specified in items 2 and 3 of the preceding paragraph, if its impact is limited to a specific region, it may also be released by the health administration department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government. The agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall release routine food safety supervision and administration information in accordance with their respective duties.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food safety supervision and administration departments shall release information accurately, promptly, and objectively.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 83 Where the local health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level learn of information specified in paragraph 1 of Article 82 of this Law that needs to be uniformly released, they shall report it to the competent department at the higher level, and the competent department at the higher level shall immediately report it to the health administration department under the State Council; when necessary, they may report it directly to the health administration department under the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11227/
The health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall mutually notify each other of the food safety information they learn of.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter IX Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 84 Where, in violation of the provisions of this Law, a person engages in food production and operation without a license, or produces food additives without a license, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, food additives, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food or food additives is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than five times but not more than ten times the value shall also be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 85 Where, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than five times but not more than ten times the value shall also be imposed; if the circumstances are serious, the license shall be revoked:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Using non-food raw materials to produce food, or adding chemical substances other than food additives and other substances that may endanger human health to food, or using recycled food as raw materials to produce food;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Food in which the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances harmful to human health exceeds the limits of food safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Producing or operating staple and supplementary foods for infants and other specific groups whose nutritional composition does not conform to food safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Food that is spoiled, deteriorated, rancid in fats, moldy, insect-infested, filthy, mixed with foreign matter, adulterated, or abnormal in sensory properties;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Operating meat of poultry, livestock, beasts, or aquatic animals that died of disease, were poisoned to death, or died of unknown causes, or producing or operating products made from meat of poultry, livestock, beasts, or aquatic animals that died of disease, were poisoned to death, or died of unknown causes;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(6) Operating meat that has not been quarantined by an animal health supervision institution or that failed quarantine, or producing or operating meat products that have not been inspected or that failed inspection;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(7) Operating food beyond its shelf life;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(8) Producing or operating food that the state has explicitly prohibited from production and operation for special needs such as disease prevention;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(9) Using new food raw materials to engage in food production, or engaging in the production of new varieties of food additives or new varieties of food-related products, without safety assessment;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(10) After the relevant competent department orders a food producer or operator to recall or stop operating food that does not conform to food safety standards, the producer or operator still refuses to recall or stop operating.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 86 Where, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than two times but not more than five times the value shall also be imposed; if the circumstances are serious, order suspension of production and business until the license is revoked:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Operating food contaminated by packaging materials, containers, transport vehicles, or the like;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Producing or operating prepackaged food or food additives without labels, or food or food additives whose labels or instructions do not conform to the provisions of this Law;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Food producers purchasing or using food raw materials, food additives, or food-related products that do not conform to food safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Food producers or operators adding drugs to food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 87 Where, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, order correction and give a warning; if correction is refused, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed; if the circumstances are serious, order suspension of production and business until the license is revoked:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Failing to inspect purchased food raw materials and produced food, food additives, and food-related products;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Failing to establish and comply with the inspection record system and the factory inspection record system;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Failure to file a food safety enterprise standard in accordance with the provisions of this Law;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(4) Failure to store and sell food or dispose of inventory food in accordance with the prescribed requirements;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(5) Failure to inspect licenses and relevant certification documents when purchasing food;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(6) Labels or instructions of produced food or food additives that involve disease prevention or therapeutic functions;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(7) Arranging persons suffering from diseases listed in Article 34 of this Law to engage in work involving direct contact with ready-to-eat food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 88 Where, in violation of the provisions of this Law, a unit involved in a food safety accident fails to carry out disposal or report after the occurrence of the food safety accident, the relevant competent departments shall, according to their respective functions and duties, order it to make corrections and give it a warning; if it destroys relevant evidence, it shall be ordered to suspend production or business, and shall also be fined not less than 2,000 yuan but not more than 100,000 yuan; if serious consequences are caused, the original issuing department shall revoke its license.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 89 Where, in violation of the provisions of this Law, any of the following circumstances exists, penalties shall be imposed in accordance with the provisions of Article 85 of this Law:文章源自FOFCC-http://fofcc.org.cn/am/11227/
(1) Importing food that does not conform to China's national food safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(2) Importing food for which no national food safety standards yet exist, or importing a new variety of food additive or a new variety of food-related product for the first time without safety assessment;文章源自FOFCC-http://fofcc.org.cn/am/11227/
(3) Exporters failing to comply with the provisions of this Law in exporting food.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where, in violation of the provisions of this Law, an importer fails to establish and comply with a food import and sales record system, penalties shall be imposed in accordance with the provisions of Article 87 of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 90 Where, in violation of the provisions of this Law, the organizer of a centralized trading market, a counter lessor, or the organizer of an exhibition allows a food operator that has not obtained a license to enter the market to sell food, or fails to perform obligations such as inspection and reporting, the relevant competent departments shall, according to their respective functions and duties, impose a fine of not less than 2,000 yuan but not more than 50,000 yuan; if serious consequences are caused, it shall be ordered to suspend business, and the original issuing department shall revoke its license.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 91 Where, in violation of the provisions of this Law, food transportation is not carried out in accordance with the requirements, the relevant competent departments shall, according to their respective functions and duties, order correction and give a warning; if it refuses to make corrections, it shall be ordered to suspend production or business, and shall also be fined not less than 2,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the original issuing department shall revoke its license.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 92 Where a unit has its food production, circulation, or catering service license revoked, the person directly in charge shall not engage in food production and operation management work for five years from the date the penalty decision is made.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where a food producer or operator employs a person who is prohibited from engaging in food production and operation management work to engage in management work, the original issuing department shall revoke its license.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 93 Where, in violation of the provisions of this Law, a food inspection institution or food inspector issues a false inspection report, the competent department or institution that granted its qualification shall revoke the inspection qualification of that inspection institution; the person directly in charge of the inspection institution and the food inspector shall be given the sanction of removal from office or dismissal in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where, in violation of the provisions of this Law, a person of a food inspection institution who has received a criminal penalty or the sanction of dismissal shall not engage in food inspection work for ten years from the date the criminal penalty is completed or the sanction decision is made. Where a food inspection institution employs a person who is prohibited from engaging in food inspection work, the competent department or institution that granted its qualification shall revoke the inspection qualification of that inspection institution.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 94 Where, in violation of the provisions of this Law, false publicity is made about food quality in advertisements to deceive consumers, penalties shall be imposed in accordance with the provisions of the Advertising Law of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where, in violation of the provisions of this Law, a food safety supervision and administration department, an institution responsible for food inspection, a food industry association, or a consumers association recommends food to consumers through advertisements or other means, the relevant competent departments shall confiscate the illegal gains and, in accordance with law, give the person directly in charge and other persons directly responsible the sanction of a major demerit, demotion, or removal from office.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 95 Where, in violation of the provisions of this Law, a local people's government at or above the county level fails to perform its duties in food safety supervision and administration, and a major food safety accident occurs in its administrative region, causing serious social impact, the person directly in charge and other persons directly responsible shall be given the sanction of a major demerit, demotion, removal from office, or dismissal in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where, in violation of the provisions of this Law, a health administration, agriculture administration, quality supervision, industry and commerce administration, food and drug supervision and administration department at or above the county level, or any other relevant administrative department, fails to perform its duties as provided in this Law, or abuses its power, neglects its duty, or engages in malpractices for personal gain, the person directly in charge and other persons directly responsible shall be given the sanction of a major demerit or demotion in accordance with law; if serious consequences are caused, they shall be given the sanction of removal from office or dismissal; the principal person in charge shall resign from office.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 96 Where, in violation of the provisions of this Law, personal injury, property damage, or other damage is caused, liability for compensation shall be borne in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Where food that does not conform to food safety standards is produced, or food that is clearly known not to conform to food safety standards is sold, consumers may, in addition to demanding compensation for losses, also demand payment of compensation of ten times the price from the producer or seller.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 97 Where, in violation of the provisions of this Law, one should bear civil compensation liability and pay a fine or penalty, and the property is insufficient to pay both at the same time, civil compensation liability shall be borne first.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 98 Where, in violation of the provisions of this Law, a crime is constituted, criminal liability shall be pursued in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Chapter X Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 99 The meanings of the following terms in this Law are:文章源自FOFCC-http://fofcc.org.cn/am/11227/
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/11227/
Food safety means that food is non-toxic and harmless, conforms to the nutritional requirements it should have, and does not cause any acute, subacute, or chronic harm to human health.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Prepackaged food means food that is prepackaged in fixed quantities or made in packaging materials or containers.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food additive means an artificially synthesized or natural substance added to food to improve food quality, color, aroma, and taste, and for the needs of preservation, freshness retention, and processing technology.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Packaging materials and containers used for food mean products such as paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, and glass used for packaging or holding food or food additives, and coatings that directly contact food or food additives.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Tools and equipment used for food production and operation mean machinery, pipes, conveyor belts, containers, utensils, tableware, and the like that directly contact food or food additives during the production, circulation, and use of food or food additives.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Detergents and disinfectants used for food mean substances directly used for washing or disinfecting food, tableware, tools and equipment that directly contact food, or food packaging materials and containers.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Shelf life means the period during which prepackaged food maintains its quality under the storage conditions indicated on the label.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Foodborne disease means an infectious or toxic disease caused by pathogenic factors in food entering the human body.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food poisoning means an acute or subacute disease occurring after eating food contaminated by toxic or harmful substances or after eating food containing toxic or harmful substances.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Food safety accident means an accident arising from food, such as food poisoning, foodborne disease, or food contamination, that harms or may harm human health.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 100 Where a food producer or operator has already obtained the corresponding license before this Law takes effect, that license shall remain valid.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 101 This Law applies to food safety management of dairy products, genetically modified food, pig slaughtering, alcoholic beverages, and edible salt; where laws or administrative regulations provide otherwise, those provisions shall be followed.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 102 Measures for the administration of food safety in railway operations shall be formulated by the health administration department of the State Council together with the relevant departments of the State Council in accordance with this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Measures for the administration of food safety for food specially used by the military and food supplied by the military itself shall be formulated by the Central Military Commission in accordance with this Law.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 103 The State Council may, according to actual needs, make adjustments to the food safety supervision and administration system.文章源自FOFCC-http://fofcc.org.cn/am/11227/
Article 104 This Law shall take effect on June 1, 2009. The Food Hygiene Law of the People's Republic of China shall be repealed at the same time.文章源自FOFCC-http://fofcc.org.cn/am/11227/