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