In order to strengthen the safety supervision of food produced by food production enterprises, and to 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 Legislative Affairs Office of the State Council published the full text of the Provisions on the Administration of Food Recall (Draft for Solicitation of Comments) on its official website today to solicit public comments. All relevant units or individuals may submit revision opinions and provide feedback to the General Administration of Quality Supervision, Inspection and Quarantine before May 31, 2011. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
The following is the full text of the draft for solicitation of comments: 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Provisions on the Administration of Food Recall (Draft for Solicitation of Comments) 文章源自FOFCC-http://fofcc.org.cn/en/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 health and life safety. 文章源自FOFCC-http://fofcc.org.cn/en/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 implemented by food production enterprises. 文章源自FOFCC-http://fofcc.org.cn/en/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/en/11329/
(1) food that does not conform to food safety standards; 文章源自FOFCC-http://fofcc.org.cn/en/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/en/11329/
(3) food that may cause food contamination, foodborne diseases, or harm to human health; 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(4) food that contains ingredients that may cause health hazards to specific groups of people but is not labeled on the food label and instructions, or is labeled incompletely or unclearly; 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(5) other unsafe food as provided by relevant laws and regulations. 文章源自FOFCC-http://fofcc.org.cn/en/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 or correction of labeling, among other methods. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 5 Food production enterprises shall be responsible for the safety of the food they produce and shall effectively perform their recall obligations. 文章源自FOFCC-http://fofcc.org.cn/en/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/en/11329/
Local 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/en/11329/
Article 7 Any unit or individual shall have the right to report to quality supervision departments at all levels any violation of these Provisions by food production enterprises. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 8 Food production enterprises shall establish and improve product quality and safety files and relevant management systems, accurately record and preserve information in the production process such as the procurement of raw and auxiliary materials, production and processing, storage and transportation, sales, and product labeling, and preserve files 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/en/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 is harmful to human health. 文章源自FOFCC-http://fofcc.org.cn/en/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 on 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/en/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/en/11329/
The contents of a food recall plan include: 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(1) the name, quantity, batch, and sales region of the food; 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(2) the possible hazards; 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(3) the measures to be taken, the time limit, and the expected results; 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(4) other contents that need to be explained. 文章源自FOFCC-http://fofcc.org.cn/en/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/en/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/en/11329/
Article 14 Food production enterprises shall promptly subject recalled unsafe food to harmless treatment or destruction. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
For recalled food subject to harmless treatment measures, the products after harmless treatment shall not be reused for food production and sales. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
For recalled food subject to destruction measures, 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/en/11329/
For food recalled because labels, markings, or instructions do not conform to food safety standards, if the food production enterprise adopts remedial measures such as affixing additional labels or attaching supplementary explanations to improve the original labels, markings, or instructions, and can ensure food safety, the food may continue to be sold; at the time of sale, the remedial measures shall be clearly indicated to consumers. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 15 A food production enterprise 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/en/11329/
If the recall is not 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/en/11329/
Article 16 Where a food production enterprise should recall unsafe food but fails to do so, the provincial quality supervision department may issue a recall order, 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/en/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/en/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/en/11329/
Article 19 Quality supervision departments shall supervise the implementation of food recalls by food production enterprises and may take the following measures in accordance with law: 文章源自FOFCC-http://fofcc.org.cn/en/11329/
(1) enter production premises to conduct on-site inspections; 文章源自FOFCC-http://fofcc.org.cn/en/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/en/11329/
(3) conduct sampling inspections of food voluntarily recalled by enterprises when it has not been determined whether the food conforms to food safety standards. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 20 Quality supervision departments shall record the circumstances of food recalls by food production enterprises in the food safety credit files of food producers and operators. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 21 Where a food production enterprise violates the provisions of 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 upon expiration of the time limit, it shall be fined not more than 30,000 yuan. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 22 Where a food production enterprise still refuses to recall after being ordered to do so by a quality supervision department, 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/en/11329/
Article 23 The implementation of a food recall by a food production enterprise does not exempt it from other legal liabilities it bears in accordance with law. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Where a food production enterprise voluntarily implements a recall, administrative penalties may be given leniently or mitigated in accordance with law. 文章源自FOFCC-http://fofcc.org.cn/en/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 in accordance with 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/en/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/en/11329/
Article 26 The AQSIQ shall be responsible for the interpretation of these Provisions. 文章源自FOFCC-http://fofcc.org.cn/en/11329/
Article 27 These Provisions shall come into force on * * , 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/en/11329/