In order to strengthen the safety supervision of food produced by food production enterprises, eliminate and reduce the harm of unsafe food, the General Administration of Quality Supervision, Inspection and Quarantine revised the Provisions on the Administration of Food Recall. The full text of the Provisions on the Administration of Food Recall (Draft for Comments) was published on the official website of the Legislative Affairs Office of the State Council today to solicit public opinions. Relevant units or individuals may submit comments for revision and feed them back to the General Administration of Quality Supervision, Inspection and Quarantine before May 31, 2011. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
The full text of the draft for comments is as follows: 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Provisions on the Administration of Food Recall (Draft for Comments) 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 1 These Provisions are formulated in accordance with the Food Safety Law of the People's Republic of China and its implementing regulations and other laws and regulations in order to strengthen the safety supervision of food produced by food production enterprises, eliminate and reduce the harm of unsafe food, and safeguard public physical health and life safety. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 2 These Provisions apply to food recall activities conducted by food production enterprises within the territory of the People's Republic of China, and to the supervision of food recalls by food production enterprises. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 3 For the purposes of these Provisions, "unsafe food" means food for which there is evidence proving that it has caused or may cause harm to human health, including: 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(1) food that does not conform to food safety standards; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(2) food that has already induced food contamination, foodborne diseases, or harm to human health, or even death; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(3) food that may cause food contamination, foodborne diseases, or harm to human health; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(4) food that contains ingredients that may cause health hazards to specific groups of people but is not labeled, or is not fully or clearly labeled, in the food label and instructions; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(5) other unsafe food as provided by relevant laws and regulations. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 4 For the purposes of these Provisions, "recall" means the activity by which a food production enterprise, in accordance with prescribed procedures, promptly eliminates or reduces food safety hazards in a certain batch or category of unsafe food caused by its production reasons by means of return, correction of labels, or other methods. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 5 Food production enterprises shall be responsible for the safety of the food they produce and shall effectively perform the obligation to recall. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 6 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) shall, within the scope of its functions and powers, uniformly organize and coordinate nationwide supervision of food recalls. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Quality supervision departments at or above the county level (hereinafter referred to as local quality supervision departments) shall, according to the division of responsibilities, be responsible for the supervision of food recalls within their respective administrative regions. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 7 Any unit or individual shall have the right to report to quality supervision departments at all levels any act of a food production enterprise in violation of these Provisions. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 8 Food production enterprises shall establish and improve product quality and safety archives and relevant management systems, accurately record and preserve information in production links such as procurement of raw and auxiliary materials, production and processing, storage and transportation, sales, and product labeling, and preserve archives such as consumer complaints, foodborne disease incidents, food contamination incidents, and information on food hazard disputes. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 9 Food production enterprises shall promptly report to local quality supervision departments all relevant food safety hazard information, including consumer complaints and food safety hazard incidents, and shall not conceal or falsely report the fact that the food they produce harms human health. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 10 Where a food production enterprise discovers that the food it produces is unsafe food, it shall immediately stop production, submit a food recall plan to the local quality supervision department within 3 days, and take necessary measures to notify relevant producers, operators, and consumers of the information of the food to be recalled, take effective measures such as returns, and recall food that has already been sold. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 11 Food production enterprises shall implement recalls in accordance with the food recall plan and shall be responsible for the effectiveness of the recall. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
The contents of a food recall plan include: 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(1) the name, quantity, batch, and sales region of the food; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(2) the possible hazards; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(3) the measures to be taken, the time limit, and the expected effects; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(4) other contents that need to be explained. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 12 Where a food production enterprise needs to change its food recall plan during a food recall, it shall report to the local quality supervision department within 3 days after the change and submit a new food recall plan. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 13 During the implementation of a recall, a food production enterprise shall record the circumstances of notifying relevant producers, operators, and consumers, as well as the quantity and handling of recalled food, and shall promptly report to the local quality supervision department. The record retention period shall not be less than 2 years. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 14 Food production enterprises shall promptly subject recalled unsafe food to harmless treatment or destroy it. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Where harmless treatment measures are taken for recalled food, the products after harmless treatment shall not be reused for food production and sales. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Where destruction measures are taken for recalled food, the destruction process shall conform to the provisions of relevant laws and regulations such as those on environmental protection. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
For food recalled because labels, markings, or instructions do not conform to food safety standards, food production enterprises may continue to sell it if they take remedial measures such as affixing additional labels or attaching supplementary explanations to improve the original labels, markings, or instructions, and can ensure food safety; when selling, they shall clearly indicate the remedial measures to consumers. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 15 Food production enterprises shall submit a recall summary to the local quality supervision department within 7 days after the expiration of the recall period. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
If the recall has not been completed upon expiration of the food recall period, the food production enterprise shall continue or conduct the food recall again, submit a periodic recall report to the local quality supervision department every 2 days, and submit a recall summary to the local quality supervision department within 7 days after completing the food recall.文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 16 Where a food production enterprise should recall unsafe food but fails to do so, the provincial quality supervision department may issue an order to recall, order it to recall and announce the matter to the public; in the investigation and handling of a food safety accident, if it is confirmed that the food and its raw materials are contaminated, the provincial quality supervision department shall order the food production enterprise to recall and announce the matter to the public. When necessary, the AQSIQ shall order the food production enterprise to recall and announce the matter to the public. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 17 Where a quality supervision department orders a food production enterprise to recall food, it shall order the food production enterprise to implement the recall in accordance with the relevant requirements of these Provisions, and may order it to submit a periodic progress report on the food recall every 2 days. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 18 After the ordered recall is completed, the provincial quality supervision department shall report the relevant circumstances to the AQSIQ for the record. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 19 Quality supervision departments shall supervise the implementation of food recalls by food production enterprises and may take the following measures according to law: 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(1) enter production sites to conduct on-site inspections; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(2) consult and copy relevant contracts, invoices, account books, and other relevant materials such as recall notice records, recall process records, and records of handling recalled food; 文章源自FOFCC-http://fofcc.org.cn/am/11329/
(3) conduct sampling inspections of food voluntarily recalled by enterprises where it has not been determined whether it conforms to food safety standards. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 20 Quality supervision departments shall record the circumstances of food recalls by food production enterprises in the food safety credit archives of food producers and operators. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 21 Where a food production enterprise violates Article 10, Article 12, Article 13, or Article 15 of these Provisions, it shall be given a warning and ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not more than 30,000 yuan. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 22 Where a food production enterprise still refuses to recall after being ordered by a quality supervision department to do so, administrative penalties shall be imposed in accordance with the relevant provisions of Article 85 of the Food Safety Law of the People's Republic of China. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 23 The implementation of a food recall by a food production enterprise does not exempt it from other legal liabilities it bears according to law. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Where a food production enterprise voluntarily implements a recall, administrative penalties may be given leniently or mitigated according to law. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 24 The administrative penalties provided for in these Provisions shall be implemented by quality supervision departments at or above the county level within the scope of their functions and powers according to law. Where laws and administrative regulations provide otherwise for the administrative penalty authority, the provisions of the relevant laws and administrative regulations shall apply. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 25 The recall of imported and exported food shall be implemented in accordance with relevant provisions. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 26 These Provisions shall be interpreted by the AQSIQ. 文章源自FOFCC-http://fofcc.org.cn/am/11329/
Article 27 These Provisions shall come into force as of * month * day, 201*. The Provisions on the Administration of Food Recall issued by the AQSIQ on August 27, 2007 shall be repealed simultaneously.文章源自FOFCC-http://fofcc.org.cn/am/11329/