Food Safety Law of the People's Republic of China (Full Text)

Food Safety Law of the People's Republic of ChinaArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(Adopted at the 7th Session of the Standing Committee of the 11th National People's Congress on February 28, 2009)Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Table of ContentsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter I General ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter II Food Safety Risk Monitoring and AssessmentArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter III Food Safety StandardsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter IV Food Production and OperationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter V Food InspectionArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter VI Food Import and ExportArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter VII Handling of Food Safety AccidentsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter VIII Supervision and AdministrationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter IX Legal LiabilityArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter X Supplementary ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                                 Chapter I General ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 1 This Law is enacted to ensure food safety and safeguard public health and life safety.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 2 The following activities conducted within the territory of the People's Republic of China shall comply with this Law:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Food production and processing (hereinafter referred to as food production), food distribution and catering services (hereinafter referred to as food operation);Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Production and operation of food additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Production and operation of packaging materials, containers, detergents, and disinfectants used for food, as well as tools and equipment used for food production and operation (hereinafter referred to as food-related products);Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Use of food additives and food-related products by food producers and operators;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Safety management of food, food additives, and food-related products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The quality and safety management of primary agricultural products intended for consumption (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the formulation of quality and safety standards for edible agricultural products and the publication of information related to the safety of edible agricultural products shall comply with the relevant provisions of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 3 Food producers and operators shall engage in production and operation activities in accordance with laws, regulations, and food safety standards, be responsible to society and the public, ensure food safety, accept social supervision, and assume social responsibility.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 4 The State Council shall establish a Food Safety Commission, whose functions and responsibilities shall be prescribed by the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The health administrative department of the State Council shall assume the responsibilities of comprehensive coordination of food safety, be responsible for food safety risk assessment, formulation of food safety standards, publication of food safety information, formulation of qualification accreditation conditions and inspection specifications for food inspection institutions, and organize the investigation and handling of major food safety accidents.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The quality supervision, industry and commerce administration, and state food and drug administration departments of the State Council shall, in accordance with this Law and the functions and responsibilities prescribed by the State Council, respectively implement supervision and administration over food production, food distribution, and catering service activities.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 5 Local people's governments at or above the county level shall uniformly be responsible for, lead, organize, and coordinate the food safety supervision and administration work within their respective administrative regions, establish and improve a working mechanism for whole-process food safety supervision and administration; uniformly lead and direct the response to food safety emergencies; improve and implement the food safety supervision and administration responsibility system, and conduct evaluations and assessments of food safety supervision and administration departments.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the food safety supervision and administration responsibilities of the health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at the same level. Relevant departments shall, within the scope of their respective responsibilities, be responsible for food safety supervision and administration work within their respective administrative regions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Institutions established by departments under people's governments at higher levels in lower-level administrative regions shall, under the unified organization and coordination of the local people's government, properly carry out food safety supervision and administration work in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 6 The health administration, agriculture administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall strengthen communication, closely cooperate, exercise their functions and powers in accordance with law according to their respective divisions of responsibilities, and assume responsibility.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 7 Food industry associations shall strengthen industry self-discipline, guide food producers and operators to engage in production and operation in accordance with law, promote the building of industry integrity, and publicize and popularize food safety knowledge.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 8 The State encourages social organizations and grassroots self-governing mass organizations to carry out the popularization of food safety laws, regulations, food safety standards, and knowledge, advocate healthy dietary practices, and enhance consumers' food safety awareness and capacity for self-protection.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

News media shall carry out public-interest publicity on food safety laws, regulations, food safety standards, and knowledge, and conduct public opinion supervision over acts violating this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 9 The State encourages and supports basic research and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technologies and advanced management practices to improve food safety levels.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 10 Any organization or individual shall have the right to report acts violating this Law in food production and operation, have the right to obtain food safety information from relevant departments, and put forward opinions and suggestions on food safety supervision and administration work. Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                           Chapter II Food Safety Risk Monitoring and AssessmentArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 11 The State establishes a food safety risk monitoring system to monitor foodborne diseases, food contamination, and harmful factors in food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The health administrative department of the State Council shall, together with relevant departments of the State Council, formulate and implement the national food safety risk monitoring plan. The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the national food safety risk monitoring plan and in light of the specific circumstances of their respective administrative regions, organize the formulation and implementation of food safety risk monitoring programs for their respective administrative regions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 12 Where the agriculture administration, quality supervision, industry and commerce administration, and state food and drug administration departments and other relevant departments of the State Council learn of information related to food safety risks, they shall immediately notify the health administrative department of the State Council. The health administrative department of the State Council shall, together with relevant departments, promptly adjust the food safety risk monitoring plan after verifying the information.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 13 The State establishes a food safety risk assessment system to conduct risk assessments of biological, chemical, and physical hazards in food and food additives.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The health administrative department of the State Council is responsible for organizing food safety risk assessment work, and shall establish a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, and other fields to conduct food safety risk assessments.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The safety assessment of pesticides, fertilizers, growth regulators, veterinary drugs, feed and feed additives, etc., shall include experts from the food safety risk assessment expert committee.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food safety risk assessment shall employ scientific methods and be conducted based on food safety risk monitoring information, scientific data, and other relevant information.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 14 Where the health administrative department of the State Council discovers through food safety risk monitoring or upon receiving a report that food may pose a safety hazard, it shall immediately organize inspection and food safety risk assessment.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 15 The relevant departments of the State Council responsible for agriculture, quality supervision, industry and commerce administration, and state food and drug administration shall submit suggestions for food safety risk assessment to the health administrative department of the State Council and provide relevant information and materials.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The health administrative department of the State Council shall promptly notify the relevant departments of the State Council of the results of food safety risk assessments.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 16 The results of food safety risk assessments are the scientific basis for formulating and revising food safety standards and for implementing supervision and management of food safety.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where the results of a food safety risk assessment conclude that food is unsafe, the departments of the State Council responsible for quality supervision, industry and commerce administration, and state food and drug administration shall, in accordance with their respective duties, immediately take corresponding measures to ensure that the food ceases production and operation, and inform consumers to stop eating it; where relevant national food safety standards need to be formulated or revised, the health administrative department of the State Council shall immediately formulate or revise them.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 17 The health administrative department of the State Council shall, together with the relevant departments of the State Council, conduct a comprehensive analysis of the food safety situation based on the results of food safety risk assessments and food safety supervision and management information. For foods that, upon comprehensive analysis, are shown to possibly have a relatively high degree of safety risk, the health administrative department of the State Council shall promptly issue a food safety risk warning and make it public.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                                 Chapter III Food Safety StandardsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 18 The formulation of food safety standards shall aim to safeguard public health and be scientifically reasonable, safe, and reliable.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 19 Food safety standards are mandatory standards. Apart from food safety standards, no other mandatory food standards may be formulated.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 20 Food safety standards shall include the following contents:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Limit provisions for pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances harmful to human health in food and food-related products;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) The varieties, scope of use, and dosage of food additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Nutritional composition requirements for staple and supplementary foods exclusively for infants, young children, and other specific populations;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Requirements for labels, markings, and instructions related to food safety and nutrition;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Sanitary requirements for the process of food production and operation;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(6) Quality requirements related to food safety;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(7) Food inspection methods and procedures;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(8) Other contents that need to be formulated as food safety standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 21 National food safety standards shall be formulated and promulgated by the health administrative department of the State Council, and the standardization administrative department of the State Council shall provide the national standard numbers.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The limit provisions for pesticide residues and veterinary drug residues in food and their inspection methods and procedures shall be formulated by the health administrative department of the State Council and the agriculture administrative department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The inspection procedures for slaughtered livestock and poultry shall be formulated by the relevant competent departments of the State Council together with the health administrative department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where relevant product national standards involve contents stipulated by national food safety standards, they shall be consistent with the national food safety standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 22 The health administrative department of the State Council shall integrate the mandatory standards among the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards, and relevant food industry standards, and uniformly promulgate them as national food safety standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Before the national food safety standards stipulated by this Law are promulgated, food producers and operators shall produce and operate food in accordance with the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards, and relevant food industry standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 23 National food safety standards shall be reviewed and approved by the National Food Safety Standards Review Committee. The National Food Safety Standards Review Committee shall be composed of experts in medicine, agriculture, food, nutrition, and other fields, as well as representatives of relevant departments of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

In formulating national food safety standards, the results of food safety risk assessments shall be used as the basis, and the results of quality and safety risk assessments of edible agricultural products shall be fully considered, with reference to relevant international standards and international food safety risk assessment results, and opinions from food producers, operators, and consumers shall be extensively solicited.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 24 Where there are no national food safety standards, local food safety standards may be formulated.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The health administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall organize the formulation of local food safety standards, shall refer to and implement the provisions of this Law on the formulation of national food safety standards, and shall report them to the health administrative department of the State Council for the record.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 25 Where food produced by an enterprise has no national or local food safety standards, enterprise standards shall be formulated as the basis for organizing production. The State encourages food production enterprises to formulate enterprise standards that are stricter than national or local food safety standards. Enterprise standards shall be reported to the provincial health administrative department for the record and shall apply within the enterprise itself.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 26 Food safety standards shall be made available to the public for free consultation.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                                 Chapter IV Food Production and OperationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 27 Food production and operation shall comply with food safety standards and meet the following requirements:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Having premises for food raw material processing and food processing, packaging, storage, etc., commensurate with the variety and quantity of food produced or operated, keeping the premises clean and tidy, and maintaining the prescribed distance from toxic and harmful sites and other sources of contamination;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Having production and operation equipment or facilities commensurate with the variety and quantity of food produced or operated, and having corresponding equipment or facilities for disinfection, changing clothes, washing hands, lighting, illumination, ventilation, preservation, dust prevention, fly prevention, rat prevention, insect prevention, washing, as well as treatment of wastewater and storage of garbage and waste;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Having food safety professional and technical personnel, management personnel, and rules and regulations ensuring food safety;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Having a reasonable equipment layout and process flow to prevent cross-contamination between food awaiting processing and ready-to-eat food, and between raw materials and finished products, and to avoid food contact with toxic or unclean substances;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Tableware, drinking utensils, and containers holding ready-to-eat food shall be washed and disinfected before use, and cooking utensils and tools shall be washed and kept clean after use;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(6) Containers, tools, and equipment for storing, transporting, loading, and unloading food shall be safe, harmless, kept clean, prevent food contamination, and meet special requirements such as temperature necessary to ensure food safety; food shall not be transported together with toxic or harmful items;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(7) Ready-to-eat food shall have small packaging or use non-toxic and clean packaging materials and tableware;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(8) Food production and operation personnel shall maintain personal hygiene; when producing and operating food, they shall wash their hands and wear clean work clothes and hats; when selling unpackaged ready-to-eat food, they shall use non-toxic and clean sales tools;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(9) Water used shall comply with the national sanitary standards for drinking water;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(10) Detergents and disinfectants used shall be safe and harmless to the human body;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(11) Other requirements stipulated by laws and regulations.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 28 The production and operation of the following foods are prohibited:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Food produced with non-food raw materials or food with chemical substances other than food additives and other substances that may harm human health added, or food produced using recycled food as raw materials;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Food in which the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances harmful to human health exceeds the limits of food safety standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Staple and supplementary foods exclusively for infants, young children, and other specific populations whose nutritional composition does not comply with food safety standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Food that is spoiled, rancid, moldy, infested with insects, filthy and unclean, mixed with foreign matter, adulterated or doped, or abnormal in sensory characteristics;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Meat and meat products of poultry, livestock, beasts, or aquatic animals that died of disease, poisoning, or unknown causes;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(6) Meat that has not been quarantined by the animal health supervision institution or has failed quarantine, or meat products that have not been inspected or have failed inspection;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(7) Food contaminated by packaging materials, containers, transport vehicles, etc.;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(8) Food beyond its shelf life;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(9) Prepackaged food without labels;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(10) Food whose production and operation are expressly prohibited by the State for special needs such as disease prevention;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(11) Other food that does not conform to food safety standards or requirements.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 29 The State implements a licensing system for food production and operation. Those engaged in food production, food circulation, and catering services shall obtain food production licenses, food circulation licenses, and catering service licenses in accordance with the law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

A food producer that has obtained a food production license and sells the food it produces at its production site does not need to obtain a food circulation license; a catering service provider that has obtained a catering service license and sells the food it makes and processes at its catering service site does not need to obtain food production and circulation licenses; individual farmers who sell their own edible agricultural products do not need to obtain a food circulation license.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Small food production and processing workshops and food vendors engaged in food production and operation activities shall meet the food safety requirements stipulated by this Law that are compatible with their production and operation scale and conditions, ensure that the food they produce and operate is hygienic, non-toxic, and harmless, and the relevant departments shall strengthen supervision and management over them. The specific administrative measures shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 30 Local people's governments at or above the county level shall encourage small food production and processing workshops to improve production conditions, and encourage food vendors to enter centralized trading markets, shops, and other fixed premises for operation.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 31 The quality supervision, industry and commerce administration, and food and drug supervision and management departments at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, review the relevant materials submitted by applicants as required by Items 1 to 4 of Article 27 of this Law, and when necessary conduct on-site verification of the applicant's production and operation premises; if the prescribed conditions are met, decide to grant the license; if the prescribed conditions are not met, decide not to grant the license and explain the reasons in writing.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 32 Food production and operation enterprises shall establish and improve their own food safety management systems, strengthen training for employees on food safety knowledge, equip themselves with full-time or part-time food safety management personnel, perform well the inspection of the food they produce and operate, and engage in food production and operation activities in accordance with the law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 33 The State encourages food production and operation enterprises to meet the requirements of good manufacturing practices and implement hazard analysis and critical control point systems to improve the level of food safety management.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

For food production and operation enterprises that have passed certification under good manufacturing practices and hazard analysis and critical control point systems, the certification bodies shall conduct follow-up investigations in accordance with the law; for enterprises that no longer meet the certification requirements, they shall revoke the certification in accordance with the law, promptly notify the relevant quality supervision, industry and commerce administration, and food and drug supervision and management departments, and announce it to the public. Certification bodies shall not charge any fees for conducting follow-up investigations.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 34 Food production and operation operators shall establish and implement a health management system for employees. Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever, and viral hepatitis, as well as persons suffering from active pulmonary tuberculosis, purulent or exudative skin diseases, or other diseases that hinder food safety, shall not engage in work that involves direct contact with ready-to-eat food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food production and operation personnel shall undergo a health examination every year and may begin work only after obtaining a health certificate.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 35 Producers of edible agricultural products shall use agricultural inputs such as pesticides, fertilizers, growth regulators, veterinary drugs, feed, and feed additives in accordance with food safety standards and relevant State regulations. Edible agricultural product production enterprises and farmers' professional cooperative economic organizations shall establish a production record system for edible agricultural products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Agricultural administrative departments at or above the county level shall strengthen the management and guidance of the use of agricultural inputs and establish and improve a safe use system for agricultural inputs.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 36 Food producers purchasing food raw materials, food additives, and food-related products shall verify the supplier's license and product qualification certification documents; for food raw materials for which qualification certification documents cannot be provided, they shall conduct inspections in accordance with food safety standards; they shall not purchase or use food raw materials, food additives, and food-related products that do not conform to food safety standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food production enterprises shall establish a purchase inspection record system for food raw materials, food additives, and food-related products, and truthfully record contents such as the name, specification, quantity, supplier name and contact information, and purchase date of food raw materials, food additives, and food-related products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Purchase inspection records for food raw materials, food additives, and food-related products shall be truthful, and the retention period shall not be less than two years.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 37 Food production enterprises shall establish a factory inspection record system for food, verify the inspection qualification certificate and safety status of food leaving the factory, and truthfully record contents such as the name, specification, quantity, production date, production batch number, inspection qualification certificate number, purchaser name and contact information, and sales date of the food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food factory inspection records shall be truthful, and the retention period shall not be less than two years.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 38 Producers of food, food additives, and food-related products shall inspect the food, food additives, and food-related products they produce in accordance with food safety standards, and may leave the factory or be sold only after passing inspection.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 39 Food operators purchasing food shall verify the supplier's license and food qualification certification documents.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food operation enterprises shall establish a food purchase inspection record system and truthfully record contents such as the name, specification, quantity, production batch number, shelf life, supplier name and contact information, and purchase date of the food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food purchase inspection records shall be truthful, and the retention period shall not be less than two years.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

For food operation enterprises that adopt a unified distribution and operation model, the enterprise headquarters may uniformly verify the supplier's license and food qualification certification documents and conduct food purchase inspection records.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 40 Food operators shall store food in accordance with the requirements for ensuring food safety, regularly inspect inventory food, and promptly clean up food that has deteriorated or exceeded its shelf life.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 41 Where food operators store bulk food, they shall indicate at the storage location contents such as the name, production date, shelf life, producer name and contact information of the food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where food operators sell bulk food, they shall indicate on the containers and outer packaging of the bulk food contents such as the name, production date, shelf life, producer and operator name and contact information of the food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 42 The packaging of prepackaged food shall bear a label. The label shall indicate the following matters:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Name, specification, net content, and production date;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Ingredient list or ingredients;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Name, address, and contact information of the producer;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Shelf life;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Product standard code;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(6) Storage conditions;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(7) Common names in national standards of the food additives used;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(8) Production license number;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(9) Other matters that must be indicated as stipulated by laws, regulations, or food safety standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

For staple and supplementary foods specially for infants and young children and other specific populations, their labels shall also indicate the main nutritional components and their contents.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 43 The State implements a licensing system for the production of food additives. The conditions and procedures for applying for a food additive production license shall be implemented in accordance with the State's relevant regulations on the administration of industrial product production licenses.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 44 Units or individuals applying to use new food raw materials for food production or to engage in production activities involving new varieties of food additives or new varieties of food-related products shall submit safety assessment materials for the relevant products to the health administrative department of the State Council. The health administrative department of the State Council shall, within 60 days from the date of receiving the application, organize a review of the safety assessment materials for the relevant products; if they meet food safety requirements, it shall decide in accordance with the law to grant permission and announce it; if they do not meet food safety requirements, it shall decide not to grant permission and explain the reasons in writing.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 45 Food additives may be included in the scope of permitted use only when they are technically necessary and have been proven safe and reliable through risk assessment. The health administrative department of the State Council shall, based on technical necessity and the results of food safety risk assessment, promptly revise the standards for the varieties, scope of use, and dosage of food additives.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 46 Food producers shall use food additives in accordance with the provisions of food safety standards on the varieties, scope of use, and dosage of food additives; they shall not use chemical substances other than food additives or other substances that may endanger human health in food production.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 47 Food additives shall have labels, instructions, and packaging. The labels and instructions shall state the matters stipulated in Items 1 to 6, Item 8, and Item 9 of Paragraph 1 of Article 42 of this Law, as well as the scope of use, dosage, and method of use of the food additive, and the words “food additive” shall be stated on the label.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 48 The labels and instructions of food and food additives shall not contain false or exaggerated content, and shall not involve disease prevention or treatment functions. Producers are responsible for the content stated on the labels and instructions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The labels and instructions of food and food additives shall be clear, conspicuous, and easy to identify.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food and food additives that do not conform to the contents stated on their labels or instructions shall not be placed on the market for sale.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 49 Food business operators shall sell prepackaged food in accordance with the warning signs, warning instructions, or precautions indicated on the food labels.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 50 Drugs shall not be added to food produced or operated, except for substances that are traditionally both food and Chinese medicinal materials. The catalogue of substances that are traditionally both food and Chinese medicinal materials shall be formulated and published by the health administrative department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 51 The State shall exercise strict supervision over food claimed to have specific health functions. The relevant supervisory and administrative departments shall perform their duties in accordance with the law and bear responsibility. Specific administrative measures shall be prescribed by the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food claimed to have specific health functions shall not cause acute, subacute, or chronic harm to the human body. Its labels and instructions shall not involve disease prevention or treatment functions, and the contents must be truthful, stating the suitable population, unsuitable population, functional ingredients or marker components and their contents, etc.; the functions and ingredients of the product must be consistent with the labels and instructions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 52 The organizers of centralized trading markets, counter lessors, and exhibition fair organizers shall examine the licenses of food business operators entering the venue, clarify the food safety management responsibilities of food business operators entering the venue, regularly inspect the business environment and conditions of food business operators entering the venue, and upon discovering that a food business operator has violated the provisions of this Law, shall promptly stop it and immediately report to the county-level administrative department for industry and commerce or the food and drug supervisory and administrative department in the locality.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If the organizers of centralized trading markets, counter lessors, and exhibition fair organizers fail to perform the obligations prescribed in the preceding paragraph, and a food safety accident occurs in the market, they shall bear joint and several liability.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 53 The State establishes a food recall system. If a food producer discovers that the food it produces does not conform to food safety standards, it shall immediately stop production, recall the food already placed on the market for sale, notify the relevant producers, business operators, and consumers, and record the recall and notification circumstances.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If a food business operator discovers that the food it operates does not conform to food safety standards, it shall immediately stop operating, notify the relevant producers, business operators, and consumers, and record the circumstances of stopping operation and notification. If the food producer considers that a recall should be made, it shall immediately recall the food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food producers shall take remedial measures, harmless treatment, destruction, and other measures for the recalled food, and report the food recall and handling circumstances to the quality supervision department at or above the county level.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If food producers or business operators fail to recall or stop operating food that does not conform to food safety standards in accordance with the provisions of this Article, the quality supervision, administrative departments for industry and commerce, and food and drug supervisory and administrative departments at or above the county level may order them to recall or stop operating.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 54 The contents of food advertisements shall be truthful and lawful, shall not contain false or exaggerated contents, and shall not involve disease prevention or treatment functions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food safety supervisory and administrative departments, institutions undertaking food inspection duties, food industry associations, and consumers associations shall not recommend food to consumers through advertisements or other forms.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 55 If social organizations or other organizations or individuals recommend food to consumers in false advertisements, thereby causing damage to the lawful rights and interests of consumers, they shall bear joint and several liability with the food producers and business operators.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 56 Local people's governments at all levels shall encourage large-scale food production and chain operation and distribution.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                                  Chapter V Food InspectionArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 57 Food inspection institutions may engage in food inspection activities only after obtaining qualification accreditation in accordance with the relevant provisions of the State on certification and accreditation, unless otherwise provided by law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The conditions for qualification accreditation and inspection norms of food inspection institutions shall be prescribed by the health administrative department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food inspection institutions established with the approval of the relevant competent departments of the State Council or lawfully recognized before the implementation of this Law may continue to engage in food inspection activities in accordance with this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 58 Food inspection shall be conducted independently by inspectors designated by food inspection institutions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Inspectors shall inspect food in accordance with the provisions of relevant laws and regulations and in accordance with food safety standards and inspection norms, respect science, strictly observe professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 59 Food inspection shall implement a responsibility system of food inspection institutions and inspectors. Food inspection reports shall be affixed with the official seal of the food inspection institution and shall have the signature or seal of the inspector. Food inspection institutions and inspectors shall be responsible for the food inspection reports issued.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 60 Food safety supervisory and administrative departments shall not implement exemption from inspection for food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Quality supervision, administrative departments for industry and commerce, and food and drug supervisory and administrative departments at or above the county level shall conduct regular or irregular sampling inspections of food. When conducting sampling inspections, they shall purchase the samples taken and shall not charge inspection fees or any other fees.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If quality supervision, administrative departments for industry and commerce, and food and drug supervisory and administrative departments at or above the county level need to inspect food in law enforcement work, they shall entrust food inspection institutions conforming to the provisions of this Law to conduct the inspection and pay the relevant fees. If there are objections to the inspection conclusion, a re-inspection may be conducted in accordance with the law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 61 Food production and business enterprises may inspect the food they produce by themselves, or may entrust food inspection institutions conforming to the provisions of this Law to conduct inspection.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If food industry associations and other organizations or consumers need to entrust food inspection institutions to inspect food, they shall entrust food inspection institutions conforming to the provisions of this Law to conduct the inspection.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter VI Food Import and ExportArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 62 Imported food, food additives, and food-related products shall conform to China's national food safety standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Imported food shall be released by customs upon presentation of the customs clearance certificate issued by the entry-exit inspection and quarantine institution after passing inspection by the entry-exit inspection and quarantine institution.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 63 For imported food for which there is no national food safety standard yet, or for the first import of a new variety of food additive or a new variety of food-related product, the importer shall submit an application to the health administrative department of the State Council and submit relevant safety assessment materials. The health administrative department of the State Council shall make a decision on whether to grant permission in accordance with the provisions of Article 44 of this Law, and shall promptly formulate the corresponding national food safety standard.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 64 If a food safety incident occurring abroad may affect the territory of China, or if a serious food safety problem is discovered in imported food, the national entry-exit inspection and quarantine department shall promptly adopt risk early warning or control measures and notify the health administration, agriculture administration, administration for industry and commerce, and national food and drug supervisory and administrative departments of the State Council. The departments receiving the notification shall promptly adopt corresponding measures.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 65 Exporters or agents exporting food to the territory of China shall file records with the national entry-exit inspection and quarantine department. Overseas food production enterprises exporting food to the territory of China shall be registered with the national entry-exit inspection and quarantine department.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The national entry-exit inspection and quarantine department shall regularly publish the list of exporters and agents that have filed records and overseas food production enterprises that have been registered.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 66 Imported prepackaged food shall have Chinese labels and Chinese instructions. The labels and instructions shall conform to the provisions of this Law and other relevant laws and administrative regulations of China and the requirements of national food safety standards, and shall state the place of origin of the food and the name, address, and contact information of the domestic agent. Prepackaged food without Chinese labels or Chinese instructions, or whose labels or instructions do not conform to the provisions of this Article, shall not be imported.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 67 Importers shall establish a system of records for food import and sales, truthfully recording the name, specifications, quantity, production date, production or import batch number, shelf life, names and contact information of exporters and purchasers, delivery date, and other contents of the food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food import and sales records shall be truthful, and the retention period shall not be less than two years.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 68 Exported food shall be supervised and spot-checked by entry-exit inspection and quarantine institutions, and customs shall release it upon presentation of the customs clearance certificate issued by the entry-exit inspection and quarantine institution.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Export food production enterprises and export food raw material planting and breeding farms shall file records with the national entry-exit inspection and quarantine department.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 69 The national entry-exit inspection and quarantine department shall collect and summarize import and export food safety information and promptly notify relevant departments, institutions, and enterprises.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The national entry-exit inspection and quarantine department shall establish credit records for importers, exporters, and export food production enterprises of imported and exported food, and shall publish them. For importers, exporters, and export food production enterprises with bad records, inspection and quarantine of their imported and exported food shall be strengthened.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                               Chapter VII Handling of Food Safety AccidentsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 70 The State Council shall organize the formulation of a national emergency plan for food safety accidents.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, the emergency plans for food safety accidents of the people's government at the next higher level, and the actual conditions of the region, formulate emergency plans for food safety accidents in their administrative regions and report them to the people's government at the next higher level for filing.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food production and business enterprises shall formulate food safety accident disposal plans, regularly inspect the implementation of various food safety preventive measures in the enterprise, and promptly eliminate hidden dangers of food safety accidents.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 71 Units where a food safety accident occurs shall immediately dispose of it to prevent the accident from expanding. The unit where the accident occurs and the unit receiving patients for treatment shall promptly report to the county-level health administrative department in the place where the accident occurs.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If the agriculture administration, quality supervision, administration for industry and commerce, and food and drug supervisory and administrative departments discover a food safety accident in routine supervision and management, or receive a report on a food safety accident, they shall immediately notify the health administrative department.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If a major food safety accident occurs, the county-level health administrative department receiving the report shall, in accordance with regulations, report to the people's government at the same level and the health administrative department of the people's government at the next higher level. The county-level people's government and the health administrative department of the people's government at the next higher level shall report upward in accordance with regulations.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

No unit or individual may conceal, falsely report, or delay reporting a food safety accident, or destroy relevant evidence.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 72: After receiving a report of a food safety accident, the health administrative department at or above the county level shall immediately, together with the relevant agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments, conduct an investigation and handling, and take the following measures to prevent or mitigate social harm:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Carry out emergency rescue work; for persons suffering personal injury as a result of a food safety accident, the health administrative department shall immediately organize medical treatment;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Seal up the food and its raw materials that may cause the food safety accident, and immediately conduct inspection; for food and its raw materials confirmed to be contaminated, order the food producer or operator to recall, stop operating, and destroy them in accordance with Article 53 of this Law;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Seal up contaminated food tools and utensils, and order them to be cleaned and disinfected;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Do a good job in information release, release information on the food safety accident and its handling in accordance with law, and explain and clarify the possible harm.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If a major food safety accident occurs, the people's government at or above the county level shall immediately establish a food safety accident handling command body, activate the emergency plan, and handle it in accordance with the provisions of the preceding paragraph.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 73: If a major food safety accident occurs, the health administrative department of the people's government at or above the level of a city divided into districts shall immediately, together with the relevant departments, conduct an investigation into the responsibility for the accident, urge the relevant departments to perform their duties, and submit a report on the investigation and handling of the accident responsibility to the people's government at the same level.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

If a major food safety accident involves two or more provinces, autonomous regions, or municipalities directly under the Central Government, the health administrative department of the State Council shall organize the investigation into the responsibility for the accident in accordance with the provisions of the preceding paragraph.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 74: If a food safety accident occurs, the disease prevention and control institution at or above the county level shall assist the health administrative department and the relevant departments in carrying out sanitary handling at the scene of the accident, and conduct an epidemiological investigation into the factors related to the food safety accident.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 75: In investigating a food safety accident, in addition to ascertaining the responsibility of the entity involved in the accident, it is also necessary to ascertain the dereliction of duty and misconduct of the staff of the supervisory and management departments and certification bodies that have supervisory management and certification duties.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                                  Chapter VIII: Supervision and ManagementArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 76: The local people's government at or above the county level shall organize the health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at the same level to formulate an annual food safety supervision and management plan for their administrative region, and organize and carry out work in accordance with the annual plan.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 77: The quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level, in performing their respective food safety supervision and management duties, have the right to take the following measures:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Enter production and operation premises to carry out on-site inspection;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Conduct sampling inspection of food produced and operated;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Consult and copy relevant contracts, invoices, account books, and other relevant materials;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Seal up and seize food that has evidence proving it does not conform to food safety standards, illegally used food raw materials, food additives, food-related products, and tools and equipment used for illegal production and operation or that have been contaminated;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Seal up premises illegally engaged in food production and operation activities.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The agricultural administrative department at or above the county level shall, in accordance with the duties prescribed by the Agricultural Product Quality and Safety Law of the People's Republic of China, supervise and manage edible agricultural products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 78: When the quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level conduct supervisory inspection of food producers and operators, they shall record the circumstances of the supervisory inspection and the handling results. The supervisory inspection record shall be signed by the supervisory inspection personnel and the food producer or operator and then filed.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 79: The quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall establish food safety credit files for food producers and operators, recording such circumstances as license issuance, routine supervisory inspection results, and investigation and handling of illegal acts; based on the records in the food safety credit files, increase the frequency of supervisory inspection for food producers and operators with poor credit records.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 80: When the health administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level receive consultations, complaints, or reports, if they fall within the duties of the department, they shall accept them and promptly reply, verify, and handle them; if they do not fall within the duties of the department, they shall notify in writing and transfer them to the department with the authority to handle them. The department with the authority to handle them shall handle them promptly and may not shift responsibility; if they involve a food safety accident, they shall be handled in accordance with the relevant provisions of Chapter VII of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 81: The health administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall perform their food safety supervision and management duties in accordance with statutory authority and procedures; for the same illegal act of a producer or operator, they may not impose an administrative penalty of a fine more than twice; if a crime is suspected, they shall transfer the case to the public security organ in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 82: The state establishes a unified food safety information release system. The following information shall be uniformly released by the health administrative department of the State Council:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) The overall national food safety situation;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Food safety risk assessment information and food safety risk warning information;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Information on major food safety accidents and their handling;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Other important food safety information and information determined by the State Council to require unified release.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

For the information specified in items 2 and 3 of the preceding paragraph, if its impact is limited to a specific region, it may also be released by the health administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government. The agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall release routine food safety supervision and management information in accordance with their respective duties.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food safety supervision and management departments shall ensure that the information they release is accurate, timely, and objective.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 83: When the local health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level learn of information specified in paragraph 1 of Article 82 of this Law that requires unified release, they shall report it to the competent department at the higher level, and the competent department at the higher level shall immediately report it to the health administrative department of the State Council; when necessary, they may report it directly to the health administrative department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

The health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall mutually notify each other of the food safety information they learn of.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

                                  Chapter IX: Legal LiabilityArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 84: If, in violation of the provisions of this Law, a person engages in food production and operation activities without a license, or produces food additives without a license, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, food additives, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food or food additives is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than five times but not more than ten times the value shall also be imposed.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 85: If, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than five times but not more than ten times the value shall also be imposed; if the circumstances are serious, the license shall be revoked:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Producing food with non-food raw materials or adding to food chemical substances other than food additives and other substances that may endanger human health, or producing food with recycled food as raw materials;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Food in which the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances harmful to human health exceeds the limits of food safety standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Producing or operating staple and supplementary foods for infants and young children and other specific groups whose nutritional composition does not conform to food safety standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Food that is spoiled, rancid, moldy, infested with insects, filthy and unclean, mixed with foreign matter, adulterated or doped, or abnormal in sensory characteristics;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Operating meat of poultry, livestock, beasts, or aquatic animals that died of disease, were poisoned to death, or died of unknown causes, or producing or operating products made from meat of poultry, livestock, beasts, or aquatic animals that died of disease, were poisoned to death, or died of unknown causes;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(6) Operating meat that has not been quarantined by the animal health supervision institution or that failed quarantine, or producing or operating meat products that have not been inspected or that failed inspection;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(7) Operating food beyond its shelf life;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(8) Producing or operating food that the state has explicitly prohibited from production and operation for special needs such as disease prevention;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(9) Using new food raw materials to engage in food production or engaging in the production of new varieties of food additives or new varieties of food-related products without safety assessment;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(10) After the relevant competent department orders a food producer or operator to recall or stop operating food that does not conform to food safety standards, the producer or operator still refuses to recall or stop operating.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 86: If, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than two times but not more than five times the value shall also be imposed; if the circumstances are serious, order suspension of production and business until the license is revoked:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Operating food contaminated by packaging materials, containers, transport tools, and the like;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Producing or operating prepackaged food or food additives without labels, or food or food additives whose labels or instructions do not conform to the provisions of this Law;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Food producers purchasing or using food raw materials, food additives, or food-related products that do not conform to food safety standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Food producers or operators adding drugs to food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 87: If, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, order correction and give a warning; if correction is refused, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed; if the circumstances are serious, order suspension of production and business until the license is revoked:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Failing to inspect purchased food raw materials and produced food, food additives, and food-related products;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Failure to establish and comply with a inspection record system and a factory inspection record system;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Failure to file a food safety enterprise standard in accordance with the provisions of this Law;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(4) Failure to store and sell food or clear inventory food in accordance with the prescribed requirements;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(5) Failure to inspect licenses and relevant certification documents at the time of purchase;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(6) Labels or instructions of produced food or food additives involving disease prevention or therapeutic functions;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(7) Arranging persons suffering from diseases listed in Article 34 of this Law to engage in work involving direct contact with ready-to-eat food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 88 Where, in violation of the provisions of this Law, a unit involved in an accident fails to carry out disposal or report after a food safety accident occurs, the relevant competent departments shall, according to their respective functions and duties, order it to make corrections and give it a warning; if it destroys relevant evidence, it shall be ordered to suspend production or business, and shall also be fined not less than 2,000 yuan but not more than 100,000 yuan; if serious consequences are caused, the department that originally issued the license shall revoke the license.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 89 Where, in violation of the provisions of this Law, any of the following circumstances exists, penalties shall be imposed in accordance with the provisions of Article 85 of this Law:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(1) Importing food that does not conform to China's national food safety standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(2) Importing food for which no national food safety standards yet exist, or importing for the first time a new variety of food additive or a new variety of food-related product without safety assessment;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

(3) Exporters failing to comply with the provisions of this Law in exporting food.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where, in violation of the provisions of this Law, an importer fails to establish and comply with a food import and sales record system, penalties shall be imposed in accordance with the provisions of Article 87 of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 90 Where, in violation of the provisions of this Law, the organizer of a centralized trading market, a counter lessor, or the organizer of a trade exhibition allows a food business operator that has not obtained a license to enter the market to sell food, or fails to perform obligations such as inspection and reporting, the relevant competent departments shall, according to their respective functions and duties, impose a fine of not less than 2,000 yuan but not more than 50,000 yuan; if serious consequences are caused, it shall be ordered to suspend business, and the department that originally issued the license shall revoke the license.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 91 Where, in violation of the provisions of this Law, food transportation is not carried out in accordance with the requirements, the relevant competent departments shall, according to their respective functions and duties, order correction and give a warning; if correction is refused, it shall be ordered to suspend production or business, and shall also be fined not less than 2,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the department that originally issued the license shall revoke the license.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 92 Where a unit has its food production, circulation, or catering service license revoked, the person directly in charge shall not engage in food production and business management work for five years from the date the penalty decision is made.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where a food producer or business operator employs a person who is prohibited from engaging in food production and business management work to engage in management work, the department that originally issued the license shall revoke the license.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 93 Where, in violation of the provisions of this Law, a food inspection institution or food inspector issues a false inspection report, the competent department or institution that granted its qualification shall revoke the inspection qualification of that inspection institution; the person directly in charge of the inspection institution and the food inspector shall be given a sanction of removal from office or dismissal in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where, in violation of the provisions of this Law, a person of a food inspection institution who has received a criminal penalty or a sanction of dismissal shall not engage in food inspection work for ten years from the date the criminal penalty is completed or the sanction decision is made. Where a food inspection institution employs a person who is prohibited from engaging in food inspection work, the competent department or institution that granted its qualification shall revoke the inspection qualification of that inspection institution.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 94 Where, in violation of the provisions of this Law, false publicity is made about food quality in advertisements to deceive consumers, penalties shall be imposed in accordance with the provisions of the Advertising Law of the People's Republic of China.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where, in violation of the provisions of this Law, a food safety supervision and administration department, an institution responsible for food inspection duties, a food industry association, or a consumers association recommends food to consumers through advertisements or other forms, the relevant competent departments shall confiscate the illegal gains and, in accordance with law, give the person directly in charge and other persons directly responsible a sanction of recording a major demerit, demotion, or removal from office.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 95 Where, in violation of the provisions of this Law, a local people's government at or above the county level fails to perform its duties in food safety supervision and administration, and a major food safety accident occurs in its administrative region, causing serious social impact, the person directly in charge and other persons directly responsible shall be given a sanction of recording a major demerit, demotion, removal from office, or dismissal in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where, in violation of the provisions of this Law, a health administration, agriculture administration, quality supervision, industry and commerce administration, food and drug supervision and administration department at or above the county level or another relevant administrative department fails to perform its duties as provided in this Law, or abuses its power, neglects its duty, or engages in malpractices for personal gain, the person directly in charge and other persons directly responsible shall be given a sanction of recording a major demerit or demotion in accordance with law; if serious consequences are caused, a sanction of removal from office or dismissal shall be given; the principal person in charge shall resign from office by taking the blame.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 96 Where, in violation of the provisions of this Law, personal injury, property damage, or other damage is caused, liability for compensation shall be borne in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Where food that does not conform to food safety standards is produced or food that is clearly known not to conform to food safety standards is sold, consumers may, in addition to demanding compensation for losses, also demand from the producer or seller compensation of ten times the purchase price.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 97 Where, in violation of the provisions of this Law, both civil compensation liability and payment of fines or pecuniary penalties shall be borne, and the property is insufficient to pay both at the same time, civil compensation liability shall be borne first.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 98 Where, in violation of the provisions of this Law, a crime is constituted, criminal liability shall be pursued in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Chapter X Supplementary ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 99 For the purposes of this Law, the meanings of the following terms are:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food: refers to various finished products and raw materials for human consumption or drinking, as well as articles that are traditionally both food and medicine, but does not include articles used for therapeutic purposes.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food safety means that food is nontoxic and harmless, meets the nutritional requirements it should have, and does not cause any acute, subacute, or chronic harm to human health.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Prepackaged food means food that is prepackaged in fixed quantities or made in packaging materials or containers.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food additive means an artificially synthesized or natural substance added to food to improve food quality, color, aroma, and taste, and for the needs of preservation, freshness retention, and processing technology.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Packaging materials and containers used for food mean products such as paper, bamboo, wood, metal, enamel, ceramics, plastic, rubber, natural fibers, chemical fibers, and glass used for packaging or holding food or food additives, and coatings that directly contact food or food additives.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Tools and equipment used for food production and business operations mean machinery, pipes, conveyor belts, containers, utensils, tableware, and the like that directly contact food or food additives during the production, circulation, and use of food or food additives.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Detergents and disinfectants used for food mean substances directly used for washing or disinfecting food, tableware, tools and equipment that directly contact food, or food packaging materials and containers.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Shelf life means the period during which prepackaged food maintains its quality under the storage conditions indicated on the label.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Foodborne disease means an infectious or toxic disease caused by pathogenic factors in food entering the human body.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food poisoning means an acute or subacute disease occurring after eating food contaminated by toxic or harmful substances or eating food containing toxic or harmful substances.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Food safety accident means an accident arising from food, such as food poisoning, foodborne disease, or food contamination, that harms or may harm human health.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 100 Where a food producer or business operator has already obtained the corresponding license before this Law takes effect, that license shall remain valid.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 101 This Law applies to food safety management of dairy products, genetically modified food, pig slaughtering, alcoholic beverages, and edible salt; where laws or administrative regulations provide otherwise, those provisions shall apply.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 102 Measures for the administration of food safety in railway operations shall be formulated by the health administration department of the State Council together with the relevant departments of the State Council in accordance with this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Measures for the administration of food safety for food specially used by the military and food supplied by the military itself shall be formulated by the Central Military Commission in accordance with this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 103 The State Council may, according to actual needs, make adjustments to the food safety supervision and administration system.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/

Article 104 This Law shall take effect as of June 1, 2009. The Food Hygiene Law of the People's Republic of China shall be repealed at the same time.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11227/