(Adopted at the 16th Session of the Standing Committee of the Eighth National People's Congress on 30 October 1995 and promulgated by Order No. 59 of the President of the People's Republic of China on 30 October 1995)文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 1 General Provisions文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 1 This Law is formulated in order to guarantee food hygiene, prevent food contamination and harmful factors from harming human health, safeguard public health, and enhance the physical fitness of the citizens.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 2 The State shall implement a food hygiene supervision system.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 3. The health administrative department under the State Council shall be responsible for the supervision and administration of food hygiene nationwide.文章源自FOFCC-http://fofcc.org.cn/en/11215/
The relevant departments of the State Council shall be responsible for food hygiene management within the scope of their respective duties.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 4 Any person engaged in food production and operation within the territory of the People's Republic of China must comply with this Law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
This Law applies to all foods, food additives, food containers, packaging materials, and utensils, equipment, detergents, and disinfectants used for food; it also applies to food production and operation premises, facilities, and related environments.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 5. The state encourages and protects social organisations and individuals in carrying out social supervision over food hygiene.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Anyone has the right to report and accuse violations of this Law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 2: Food Hygiene文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 6 Food shall be non-toxic and harmless, comply with the requisite nutritional requirements, and possess the corresponding sensory characteristics such as colour, aroma and taste.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 7: Staple and complementary foods exclusively intended for infants and young children must comply with the nutritional and hygienic standards formulated by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 8: The process of food production and trading must comply with the following hygienic requirements:文章源自FOFCC-http://fofcc.org.cn/en/11215/
(1) Maintain a clean and tidy internal and external environment, take measures to eliminate flies, rats, cockroaches and other harmful insects and their breeding conditions, and maintain a prescribed distance from toxic and hazardous places;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(2) Food production and trading enterprises shall have premises or facilities for food raw material handling, processing, packaging, and storage that are appropriate to the variety and quantity of their products;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(3) There shall be appropriate facilities for disinfection, changing clothes, washing, lighting, illumination, ventilation, antiseptic measures, dust prevention, fly prevention, rodent prevention, washing, sewage drainage, and the storage of refuse and waste;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(4) Equipment layout and technological processes shall be reasonable to prevent cross-contamination between food to be processed and ready-to-eat food, as well as between raw materials and finished products; food shall not come into contact with toxic or unclean substances;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(5) Tableware, drinking vessels, and containers holding food directly for consumption must be washed and disinfected before use; cookers and utensils must be washed after use and kept clean;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(6) containers, packaging, tools, equipment and conditions for the storage, transportation and loading and unloading of food must be safe and harmless, kept clean, and prevent food contamination;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(7) Ready-to-eat food shall be in small packages or use non-toxic, clean packaging materials;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(8) Food production and business operators shall constantly maintain personal hygiene, and when producing and selling food, they must wash their hands and wear clean work clothes and caps; when selling food for direct consumption, they must use sales utensils;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(9) The water used must comply with the national hygiene standards for urban and rural drinking water stipulated by the State;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(10) The detergents and disinfectants used shall be safe and harmless to human health.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Specific requirements for hygiene in the food production and business operation processes of food vendors and food business operators in urban and rural fairs 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/en/11215/
Article 9: It is prohibited to produce or trade the following food:文章源自FOFCC-http://fofcc.org.cn/en/11215/
(1) putrid, spoiled, rancid, mouldy, insect-infested, unclean, containing foreign matter or otherwise abnormal in sensory characteristics, and potentially harmful to human health;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(2) containing toxic or harmful substances or contaminated by toxic or harmful substances, which may be harmful to human health;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(3) containing pathogenic parasites or microorganisms, or in which the content of microbial toxins exceeds the national limits;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(4) meat and meat products that have not undergone veterinary and sanitary inspection or have failed the inspection;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(5) Poultry, livestock, beasts, aquatic animals and the like that have died of disease, poisoning or unknown causes, as well as their products;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(6) where contamination is caused by containers or packaging that are filthy or unclean, seriously damaged, or by unclean means of transport;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(7) Adulterated, mixed with impurities, or counterfeited in a way that affects nutrition or hygiene;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(8) processed using non-food raw materials, added with non-food chemical substances, or treating non-food items as food;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(9) past their use-by date;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(10) prohibited from sale by special regulations of the health administrative department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government for special needs such as disease prevention;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(11) containing additives not approved for use by the health administrative department of the State Council, or having pesticide residues exceeding the limits permitted by the state;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(12) Other foods that do not comply with food hygiene standards and sanitary requirements.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 10 Food shall not have drugs added to it, except where they are added as raw materials, seasonings, or nutritional enhancers in accordance with tradition as substances that are both food and traditional Chinese medicine.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 3 Hygiene of food additives文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 11 The production, operation and use of food additives must comply with the provisions of the hygienic standards for the use of food additives and administrative measures for hygiene; food additives that fail to comply with the hygienic standards and administrative measures for hygiene shall not be operated or used.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter IV Hygiene of food containers, packaging materials, and utensils and equipment for food文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 12 Food containers, packaging materials, and utensils and equipment for food use must comply with the provisions of hygiene standards and administrative measures for hygiene.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 13 The production of food containers, packaging materials, and utensils and equipment for food use must use raw materials that meet sanitary requirements. Products shall be easy to clean and disinfect.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 5: Formulation of food hygiene standards and management measures文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 14. National health standards, health management measures and inspection procedures for foods, food additives, food containers and packaging materials, tools and equipment for food use, detergents and disinfectants for cleaning food and tools and equipment for food use, as well as allowable limits of contaminants and radioactive substances in food, shall be formulated or approved and promulgated by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 15 For foods for which no national hygiene standards have been formulated, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local hygiene standards, and shall report them to the health administrative department of the State Council and the administrative department for standardization under the State Council for the record.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 16: Indices of hygienic significance in the national product quality standards for food additives must be reviewed and approved by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
The safety evaluation of agricultural chemicals such as pesticides and chemical fertilisers must be reviewed and approved by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Regulations for the veterinary sanitary inspection of slaughtered livestock and poultry shall be formulated by the relevant administrative departments of the State Council in conjunction with the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 6: Food Hygiene Management文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 17. The food production and operation administrative departments of people's governments at all levels shall strengthen food hygiene management work, and inspect the enforcement of this Law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
People's governments at all levels shall encourage and support the improvement of food processing techniques to help raise food hygiene standards.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 18 Food production and business enterprises shall improve their food hygiene management systems, appoint full-time or part-time food hygiene management personnel, and strengthen the inspection work for the food they produce and sell.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 19 The site selection and design for the construction, expansion, or remodelling projects of food production and trading enterprises shall comply with sanitary requirements, and the health administrative department must participate in the design review and project acceptance inspection.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 20: Before putting new types of food or food additives produced from new resources into production, manufacturing and business enterprises must submit the data required for the health and nutritional evaluation of such products; before putting new types of food containers, packaging materials, utensils, and equipment for food produced from new raw materials into production, manufacturing and business enterprises must submit the data required for the health evaluation of such products. Before the aforesaid new varieties are put into production, samples must also be provided and submitted for examination and approval in accordance with the prescribed food hygiene standard examination and approval procedures.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 21 Pre-packaged foods and food additives must have their name, place of origin, manufacturer's name, production date, batch number or code, specification, formula or main ingredients, shelf life, and consumption or usage methods clearly indicated on their packaging labels or product instructions, respectively and in accordance with regulations, depending on the different products. Product instructions for foods and food additives must not contain exaggerated or false promotional content.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food packaging labelling must be clear and easily legible. Food sold on the domestic market must have Chinese labelling.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 22: Foods that claim to have specific health functions, along with their products and instructions, must be submitted to the health administrative department of the State Council for examination and approval. Their hygiene standards and administrative measures for production and operation shall be formulated by the health administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 23: Foods indicating specific health functions shall not be harmful to human health. The content of their product descriptions must be true, and the functions and ingredients of the products must be consistent with the descriptions without any falsehoods.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 24: Producers of food, food additives, and containers, packaging materials, and other utensils exclusively used for food must carry out inspections in accordance with health standards and administrative regulations on health, and may only release them from the factory or sell them after they have passed the inspection.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 25: Food producers and business operators, when purchasing food and its raw materials, shall obtain inspection qualified certificates or laboratory analysis sheets in accordance with relevant state regulations, and sellers shall ensure their provision. The scope and categories for which certificates are required shall be stipulated by the health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 26 Food production and trading personnel must undergo a health examination every year; newly recruited and temporary food production and trading personnel must undergo a health examination and obtain a health certificate before they can start work.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Persons suffering from dysentery, typhoid fever, viral hepatitis or other digestive tract infectious diseases (including pathogen carriers), active pulmonary tuberculosis, purulent or exudative skin diseases, and other diseases detrimental to food hygiene, shall not engage in work involving direct contact with ready-to-eat food.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 27: Food production and trading enterprises and food vendors must first obtain a health permit issued by the health administrative department before applying for registration with the administrative department for industry and commerce. Those who have not obtained a health permit shall not engage in food production and trading activities.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food producers and traders must not forge, alter, or lend their hygiene licenses.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Measures for the administration of the issuance of hygiene licences shall be formulated by the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 28 Organisers of all types of food markets shall be responsible for food hygiene management within their markets, install necessary public health facilities within the markets, and maintain a good standard of environmental hygiene.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 29 Food hygiene management in urban and rural fair trade shall be the responsibility of the administrative departments for industry and commerce, and food hygiene supervision and inspection work shall be the responsibility of the administrative departments for health.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 30: Imported foods, food additives, food containers, packaging materials, and utensils and equipment for use with food must comply with the provisions of national hygiene standards and hygienic administration measures.文章源自FOFCC-http://fofcc.org.cn/en/11215/
The import of the products listed in the preceding paragraph shall be subject to sanitary supervision and inspection by the port import food hygiene supervision and inspection authorities. Those that pass the inspection shall be permitted to be imported. Customs shall release the goods upon presentation of the certificate of inspection.文章源自FOFCC-http://fofcc.org.cn/en/11215/
When declaring for inspection, the importing entity shall provide relevant information and inspection reports regarding the pesticides, additives, fumigants, etc., used by the exporting country (region).文章源自FOFCC-http://fofcc.org.cn/en/11215/
Importing the first-listed products shall be subject to inspection in accordance with national health standards. Where no national health standards exist yet, the importing entity must provide health evaluation data issued by the health authorities or organisations of the exporting country (region), which shall be examined and inspected by the port import food health supervision and inspection agency and reported to the health administrative department of the State Council for approval.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 31 Exported foodstuffs shall be subject to sanitary supervision and inspection by the state import and export commodity inspection authorities.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Customs shall release the goods upon presentation of the certificates issued by the state import and export commodity inspection authorities.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 7: Food Hygiene Supervision文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 32 Local people's governments at or above the county level shall, within their jurisdiction, exercise administrative supervision over food hygiene.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food hygiene supervision institutions established by railway and transport administrative authorities shall exercise the food hygiene supervision responsibilities stipulated by the health administrative department of the State Council in conjunction with the relevant departments of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 33 The duties of food hygiene supervision are:文章源自FOFCC-http://fofcc.org.cn/en/11215/
(1) To carry out food hygiene monitoring, inspection and technical guidance;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(2) assist in the training of food production and trading personnel, and supervise the health examinations of food production and trading personnel;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(3) Promote food hygiene and nutrition knowledge, conduct food hygiene evaluations, and publish food hygiene conditions;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(4) conduct sanitary reviews of the site selection and design for the construction, expansion, or renovation projects of food production and trading enterprises, and participate in the acceptance check of the projects;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(5) investigate food poisoning and food contamination incidents, and take control measures;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(6) conducting mobile supervision and inspections regarding violations of this Law;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(7) investigate liabilities for violations of this Law and impose administrative penalties in accordance with the law;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(8) responsible for other food hygiene supervision matters.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 34 Food hygiene supervisors shall be appointed by the health administrative departments of local people's governments at or above the county level. Food hygiene supervisors shall be recruited from qualified professionals and issued with certificates by the health administrative department at the same level.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food hygiene inspectors for railways and transport shall be issued with certificates by their higher-level competent authorities.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 35. Food hygiene inspectors shall carry out tasks assigned by the health administrative authorities.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food hygiene inspectors must enforce the law impartially, remain faithful to their duties, and must not use their authority to seek personal gain.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food hygiene supervisors may, when carrying out their duties, make enquiries of food producers and traders, request necessary documentation, enter production and trading premises for inspection, and take samples free of charge in accordance with regulations. Producers and traders must not refuse or conceal information.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food hygiene inspectors have an obligation to maintain the confidentiality of technical data provided by manufacturers and operators.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 36 The health administrative authorities of the State Council and of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, according to needs, designate qualified units as food hygiene inspection units to conduct food hygiene inspections and issue inspection reports.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 37: Local people's governments' health administrative departments at or above the county level may take the following temporary control measures against food producers and traders that have already caused food poisoning incidents or where there is evidence proving they may lead to food poisoning incidents:文章源自FOFCC-http://fofcc.org.cn/en/11215/
(1) Sealing up foods and their raw materials that have caused or may cause food poisoning;文章源自FOFCC-http://fofcc.org.cn/en/11215/
(2) Seal up the contaminated food-processing tools and utensils, and order them to be cleaned and disinfected.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Following inspection, the contaminated food shall be destroyed, and the uncontaminated food shall be unsealed.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 38. The unit in which food poisoning occurs and the unit receiving patients for treatment shall, in addition to taking emergency rescue measures, promptly report to the local health administrative department in accordance with relevant state regulations.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Upon receiving the report, the local people's governments at or above the county level with health administrative responsibilities shall promptly investigate, handle and take control measures.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 8 Legal Liability文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 39: Whoever, in violation of the provisions of this Law, produces or trades in food that does not meet sanitary standards, thereby causing a food poisoning accident or other food-borne diseases, shall be ordered to suspend production and trade, and to destroy the food that caused the food poisoning or other food-borne diseases; their illegal gains shall be confiscated, and they shall be fined not less than one time but not more than five times the illegal gains; if there are no illegal gains, they shall be fined not less than 1,000 yuan and not more than 50,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Anyone who violates the provisions of this Law by producing or trading food that does not comply with health standards, thereby causing a severe food poisoning accident or other serious food-borne illness, resulting in serious harm to human health, or by mixing toxic or harmful non-food raw materials into the food produced or traded, shall be investigated for criminal responsibility in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Anyone who engages in any of the acts listed in this Article shall have their hygiene licence revoked.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 40. Anyone who, in violation of the provisions of this Law, engages in food production and trading activities without obtaining a hygiene licence or by counterfeiting a hygiene licence shall have their operations suppressed, their illegal gains confiscated, and shall be fined not less than one time and not more than five times the illegal gains; where there are no illegal gains, a fine of not less than 500 yuan and not more than 30,000 yuan shall be imposed. Anyone who alters or lends a hygiene licence shall have their hygiene licence revoked, their illegal gains confiscated, and shall be fined not less than one time and not more than three times the illegal gains; where there are no illegal gains, a fine of not less than 500 yuan and not more than 10,000 yuan shall be imposed.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 41. Where, in violation of the provisions of this Law, the food production or trading process fails to meet sanitary requirements, an order to rectify shall be given, a warning shall be issued, and a fine of up to 5,000 yuan may be imposed; if the offender refuses to rectify or has other serious circumstances, the sanitary licence shall be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 42. Anyone who violates the provisions of this Law by producing or trading in foods whose production or trading is prohibited shall be ordered to cease production and trading, immediately issue a public notice to recall the foods already sold, and destroy such foods; the illegal gains shall be confiscated, and a fine of not less than one time and not more than five times the illegal gains shall be imposed; where there are no illegal gains, a fine of not less than 1,000 yuan and not more than 50,000 yuan shall be imposed. Where the circumstances are serious, the hygiene licence shall be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 43. Anyone who violates the provisions of this Law by producing or operating staple or supplementary foods specially for infants and young children that do not meet nutritional and hygiene standards shall be ordered to cease production and operation, immediately announce the recall of the foods sold, destroy the foods, and have their illegal gains confiscated, and shall also be fined not less than one time and not more than five times the illegal gains; if there are no illegal gains, a fine of not less than 1,000 yuan and not more than 50,000 yuan shall be imposed. Where the circumstances are serious, the hygiene licence shall be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 44. Whoever violates the provisions of this Law by producing, operating or using food additives, food containers, packaging materials, utensils, equipment, detergents or disinfectants for food that do not comply with sanitary standards and administrative measures for hygiene shall be ordered to cease production or use, their illegal gains shall be confiscated, and a fine of not less than one time and not more than three times the illegal gains shall be imposed; if there are no illegal gains, a fine of not more than 5,000 yuan shall be imposed.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 45: Any person who, in violation of the provisions of this Law, produces or trades in foods claiming to have specific health functions without being examined and approved by the health administrative department of the State Council, or whose product instructions contain false information, shall be ordered to cease production and trading, have their illegal gains confiscated, and be fined not less than one time and not more than five times the illegal gains; if there are no illegal gains, a fine of not less than 1,000 yuan and not more than 50,000 yuan shall be imposed. Where the circumstances are serious, the health licence shall be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 46 Where, in violation of the provisions of this Law, the packaging labels or product instructions of pre-packaged foods and food additives fail to state such prescribed particulars as the date of manufacture or shelf life, or state them falsely, or where Chinese labels are not provided in violation of the provisions, an order shall be given to make corrections, and a fine of not less than 500 yuan and not more than 10,000 yuan may be imposed.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 47 Where, in violation of the provisions of this Law, food production and business personnel engage in food production and business without obtaining a health certificate, or where production and business personnel suffering from diseases that are prohibited from contacting direct-entrance food are not reassigned in accordance with regulations, they shall be ordered to correct, and may be fined up to 5,000 yuan.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 48: Anyone who violates the provisions of this Law, thereby causing food poisoning accidents or other food-borne diseases, or causing damage to others through other acts in violation of this Law, shall bear civil liability for compensation in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 49. The administrative penalties provided for in this Law shall be decided by the health administrative authorities of the local people's governments at or above the county level. Other organs exercising food hygiene supervision powers provided for in this Law shall make decisions on administrative penalties in accordance with the provisions of this Law and within the scope of their prescribed duties.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 50 If a party is dissatisfied with an administrative penalty decision, they may apply for review to the authority at the level above the authority that made the penalty decision within fifteen days from the date of receiving the penalty notice; alternatively, the party may directly file a lawsuit in the people's court within fifteen days from the date of receiving the penalty notice.文章源自FOFCC-http://fofcc.org.cn/en/11215/
The review authority shall make a review decision within fifteen days from the date of receipt of the review application. Where a party is dissatisfied with the review decision, they may bring a lawsuit in a people's court within fifteen days from the date of receipt of the review decision.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Where the party concerned neither applies for review nor institutes legal proceedings in the people's court within the time limit, and also fails to fulfil the penalty decision, the organ that made the penalty decision may apply to the people's court for compulsory enforcement.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 51 Where the health administrative department, in violation of the provisions of this Law, issues a hygiene licence to a producer or trader who does not meet the conditions, administrative sanctions shall be imposed on the persons directly in charge and other directly responsible persons; if bribery is accepted and a crime is constituted, criminal responsibility shall be pursued in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 52 Where food hygiene supervisory and administrative personnel abuse their power, neglect their duties, or engage in malpractice for personal gain, resulting in a major accident and constituting a criminal offence, criminal responsibility shall be pursued in accordance with the law; if it does not constitute a criminal offence, administrative sanctions shall be imposed in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 53. Anyone who uses violence or threats to obstruct food hygiene supervisors from performing their duties in accordance with the law shall be investigated for criminal responsibility in accordance with the law; anyone who refuses or obstructs food hygiene supervisors from performing their duties in accordance with the law without using violence or threats shall be punished by the public security organs in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Chapter 9 Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 54. For the purposes of this Law, the meanings of the following terms are:文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food: refers to all finished products and raw materials for human consumption or drinking, as well as items that are traditionally both food and medicine, but does not include items intended for the purpose of treatment.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food additives: chemical or natural substances added to food to improve its quality, colour, aroma, and flavour, as well as to meet the needs of preservation and processing technology.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Nutrient fortifier: a natural or synthetic food additive belonging to the range of natural nutrients added to food to enhance its nutritional value.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food containers and packaging materials: Refers to products such as paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibres, chemical fibres, and glass used for packaging and holding food, as well as coatings that come into contact with food.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food utensils and equipment: refers to machinery, pipelines, conveyor belts, containers, appliances, tableware, etc., that come into contact with food during its production and operation.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food production and trading: refers to all activities relating to food production (excluding planting/crops and animal husbandry/farming), collection, acquisition, processing, storage, transport, display, supply, and sales.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Food business operators: refers to all entities or individuals engaged in food production and business operations, including staff canteens, food stallholders, etc.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 55. Administrative measures for export food shall be formulated separately by the State entry-exit commodity inspection department in conjunction with the health administration department of the State Council and other relevant administrative departments.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 56: The administrative measures for the hygiene of military-dedicated foodstuffs and self-supplied foodstuffs shall be formulated by the Central Military Commission in accordance with this Law.文章源自FOFCC-http://fofcc.org.cn/en/11215/
Article 57 This Law shall come into force as of the date of promulgation. The Food Hygiene Law of the People's Republic of China (Trial) shall be repealed simultaneously.文章源自FOFCC-http://fofcc.org.cn/en/11215/