(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)บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter I General ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/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 fitness.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 2 The State shall implement a food hygiene supervision system.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 4 All those who engage in food production and operation within the territory of the People's Republic of China must comply with this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
This Law applies to all foods, food additives, food containers, packaging materials, and food utensils, equipment, detergents, and disinfectants; it also applies to the premises, facilities, and related environment for food production and operation.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 5 The State encourages and protects social supervision of food hygiene by social organizations and individuals.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Everyone shall have the right to report and file charges against acts in violation of this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter II Hygiene of FoodบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 6 Food shall be non-toxic and harmless, meet the nutritional requirements it should have, and possess corresponding sensory characteristics such as color, aroma, and taste.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 7 Principal 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 8 The process of food production and operation must comply with the following hygiene requirements:บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(2) Food production and operation enterprises shall have factory buildings or premises for the handling, processing, packaging, and storage of food raw materials that are commensurate with the variety and quantity of products;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(3) There shall be corresponding facilities for disinfection, changing clothes, washing, daylighting, lighting, ventilation, antisepsis, dust prevention, fly prevention, rat prevention, washing, sewage discharge, and the storage of garbage and waste;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(4) The layout of equipment and the technological process shall be reasonable, so as to prevent cross-contamination between food awaiting processing and food for direct consumption, and between raw materials and finished products; food must not come into contact with toxic or unclean substances;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(5) Tableware, drinking utensils, and containers holding food for direct consumption must be washed and disinfected before use; cooking utensils and tools must be washed after use and kept clean;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(6) Containers, packaging, tools, equipment, and conditions for storing, transporting, loading, and unloading food must be safe, harmless, and kept clean to prevent food contamination;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(7) Food for direct consumption shall be packaged in small portions or use non-toxic and clean packaging materials;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 food for direct consumption, they must use sales tools;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(9) Water used must comply with the national hygiene standards for urban and rural drinking water;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(10) Detergents and disinfectants used shall be safe and harmless to the human body.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 prescribed 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 9 The production and operation of the following foods are prohibited:บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(1) Those that are putrid and deteriorated, rancid in fats, moldy, insect-infested, filthy and unclean, mixed with foreign matter, or otherwise abnormal in sensory characteristics, and may be harmful to human health;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(2) Those that contain toxic or harmful substances or are contaminated by toxic or harmful substances, and may be harmful to human health;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(3) Those that contain pathogenic parasites or microorganisms, or whose microbial toxin content exceeds the limits prescribed by the State;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(4) Meat and meat products that have not undergone veterinary hygiene inspection or have failed such inspection;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(5) Poultry, livestock, beasts, aquatic animals, and other animals that died of disease, poisoning, or unknown causes, and their products;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(6) Those contaminated due to filthy and unclean containers or packaging, serious damage, or unclean transport vehicles;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(7) Those that are adulterated, mixed with inferior substances, or counterfeited, affecting nutrition or hygiene;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(8) Those processed with non-food raw materials, with added non-food chemical substances, or with non-food substances used as food;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(9) Those that exceed the shelf life;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(10) Those that are specially 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;บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(12) Other foods that do not conform to food hygiene standards and hygiene requirements.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 10 Medicines must not be added to food, except those that are traditionally both food and medicine and are added as raw materials, condiments, or nutritional fortifiers.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter III Hygiene of Food AdditivesบทความมาจากFOFCC-http://fofcc.org.cn/th/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 conform to the hygiene standards and the measures for hygiene administration must not be operated or used.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter IV Hygiene of Food Containers, Packaging Materials, and Food Utensils and EquipmentบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 12 Food containers, packaging materials, and food utensils and equipment must comply with the provisions of hygiene standards and the measures for hygiene administration.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 13 The production of food containers, packaging materials, and food utensils and equipment must use raw materials that conform to hygiene requirements. Products shall be easy to clean and disinfect.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter V Formulation of Food Hygiene Standards and Administrative MeasuresบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 14 The national hygiene standards, hygiene administrative measures, and inspection procedures for food, food additives, food containers, packaging materials, food utensils and equipment, detergents and disinfectants used for cleaning food and food utensils and equipment, as well as the 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 in charge of standardization under the State Council for the record.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter VI Food Hygiene AdministrationบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 17: The food production and operation management departments of people's governments at all levels shall strengthen food hygiene management and inspect the implementation of this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
People's governments at all levels shall encourage and support the improvement of food processing techniques and promote the enhancement of food hygiene quality.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 18: Food production and operation enterprises shall improve their own food hygiene management systems, assign full-time or part-time food hygiene management personnel, and strengthen the inspection of the food they produce and operate.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 19: The site selection and design of new construction, expansion, or renovation projects of food production and operation enterprises shall meet hygiene requirements, and the design review and project acceptance shall require the participation of the administrative department of public health.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 20: For new varieties of food and food additives produced using new resources, the production and operation enterprise must, before putting them into production, submit the materials required for the hygiene evaluation and nutritional evaluation of such products; for new varieties of food containers, packaging materials, and food utensils and equipment produced using new raw materials, the production and operation enterprise must, before putting them into production, submit the materials required for the hygiene evaluation of such 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 21: Prepackaged food and food additives must, on the package label or product specification, indicate in accordance with regulations and according to different products 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 specifications of food and food additives shall not contain exaggerated or false promotional content.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food package labels must be clear and easy to identify. Food sold on the domestic market must have Chinese labels.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 22: For food claimed to have specific health functions, the product and its specification must be submitted to the administrative department of public health under the State Council for review and approval, and its hygiene standards and production and operation management measures shall be formulated by the administrative department of public health under the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 23: Food claimed to have specific health functions shall not be harmful to human health, the content of its product specification must be truthful, and the functions and ingredients of the product must be consistent with the specification, without any falsehood.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 24: For food, food additives, and containers, packaging materials, and other utensils exclusively used for food, the producers must, after inspection confirms compliance in accordance with hygiene standards and hygiene management measures, release them from the factory or sell them.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 thereof. The scope and types requiring certificate acquisition shall be prescribed by the administrative department of public health of the people's government of the province, autonomous region, or municipality directly under the Central Government.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 hindering food hygiene shall not engage in work involving direct contact with ready-to-eat food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 27: Food production and operation enterprises and food vendors must first obtain a hygiene license issued by the administrative department of public health 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food production and operation operators shall not forge, alter, or lend hygiene licenses.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
The measures for issuing and managing hygiene licenses shall be formulated by the administrative department of public health of the people's government of the province, autonomous region, or municipality directly under the Central Government.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 28: Organizers of various types of 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 29: The food hygiene management work of urban and rural fair trade shall be the responsibility of the administrative department for industry and commerce, and the food hygiene supervision and inspection work shall be the responsibility of the administrative department of public health.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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).บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
For the products listed in the first paragraph of this Article, inspection shall be conducted in accordance with national hygiene standards. If no national hygiene standard yet exists, the importing unit must provide hygiene evaluation materials issued by the health department or organization of the exporting country (region), which shall be reviewed and inspected by the port imported food hygiene supervision and inspection agency and submitted to the administrative department of public health under the State Council for approval.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 31: Export food shall be subject to hygiene supervision and inspection by the state department for import and export commodity inspection.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
The customs shall release the goods upon the certificate issued by the state department for import and export commodity inspection.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter VII: Food Hygiene SupervisionบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 32: The administrative departments of public health of local people's governments at or above the county level shall exercise food hygiene supervision duties within their jurisdictions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
The food hygiene supervision agencies established by the competent administrative departments of railways and transportation shall exercise the food hygiene supervision duties prescribed by the administrative department of public health under the State Council together with the relevant departments under the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 33: The duties of food hygiene supervision are:บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(1) To conduct food hygiene monitoring, inspection, and technical guidance;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(2) To assist in training food production and operation personnel and supervise the health examinations of food production and operation personnel;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(3) To publicize food hygiene and nutrition knowledge, conduct food hygiene evaluations, and publish food hygiene conditions;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(4) To conduct hygiene review of the site selection and design of new construction, expansion, or renovation projects of food production and operation enterprises, and participate in project acceptance;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(5) To investigate food poisoning and food contamination accidents and take control measures;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(6) To conduct itinerant supervision and inspection of acts violating this Law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(7) To trace responsibility for acts violating this Law and impose administrative penalties in accordance with law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(8) To be responsible for other food hygiene supervision matters.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 34: The administrative departments of public health of people's governments at or above the county level shall establish food hygiene supervisors. Food hygiene supervisors shall be qualified professional personnel and shall be issued certificates by the administrative department of public health at the same level.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food hygiene supervisors for railways and transportation shall be issued certificates by their superior competent departments.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 35: Food hygiene supervisors shall carry out the tasks assigned by the administrative department of public health.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food hygiene supervisors must enforce the law impartially, be loyal to their duties, and shall not use their authority to seek personal gain.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
When carrying out tasks, food hygiene supervisors may inquire of food production and operation operators about relevant circumstances, obtain necessary materials, enter production and operation premises for inspection, and take samples without compensation in accordance with regulations. Production and operation operators shall not refuse or conceal information.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food hygiene supervisors shall have the obligation to keep confidential the technical materials provided by production and operation operators.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 36: The administrative departments of public health under 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 37: Where food poisoning accidents have already occurred or there is evidence proving that food poisoning accidents may occur, the administrative departments of public health 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:บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(1) Seal up the food and its raw materials that caused or may cause food poisoning;บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
(2) Seal up contaminated food utensils and tools, and order cleaning and disinfection.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
If inspection confirms that the food is contaminated, it shall be destroyed; if the food is not contaminated, it shall be unsealed.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 38: Units where food poisoning occurs and units that receive patients for treatment shall, in addition to taking rescue measures, promptly report to the local administrative department of public health in accordance with relevant state regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
After receiving the report, the administrative department of public health of the local people's government at or above the county level shall promptly conduct investigation and handling and take control measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter VIII: Legal LiabilityบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 39: Whoever, in violation of the provisions of this Law, engages in the production or sale of food that does not meet the hygiene standards and causes a food poisoning accident or other food-borne diseases shall be ordered to stop production or sale, the food causing the food poisoning or other food-borne diseases 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Whoever, in violation of the provisions of this Law, engages in the production or sale of food that does not meet the hygiene standards, causing a serious food poisoning accident or other serious food-borne diseases, and causing serious harm to human health, or mixes toxic or harmful non-food raw materials into the food produced or sold, shall be investigated for criminal liability in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
If any of the acts listed in this Article is committed, the hygiene license shall be revoked.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 40: Whoever, in violation of the provisions of this Law, engages in food production or sale without obtaining a hygiene license or by forging a hygiene license 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. Whoever alters or lends a hygiene license shall have the hygiene license confiscated, the illegal gains confiscated, and a fine of not less than one time but not more than three times the illegal gains 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 41: Whoever, in violation of the provisions of this Law, fails to meet the hygiene requirements in the process of food production or sale shall be ordered to make corrections and given a warning, and may be fined not more than 5,000 yuan; if the person refuses to make corrections or there are other serious circumstances, the hygiene license shall be revoked.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 42: Whoever, in violation of the provisions of this Law, produces or sells food that is prohibited from being produced or sold shall be ordered to stop production or sale, shall immediately announce the recall of the food already sold, and shall destroy such food, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the illegal gains; 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 43: Whoever, in violation of the provisions of this Law, produces or sells staple or supplementary foods exclusively for infants and young children that do not meet the nutritional or hygiene standards shall be ordered to stop production or sale, shall immediately announce the recall of the food already sold, destroy such food, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the illegal gains; 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 44: Whoever, in violation of the provisions of this Law, produces, sells, or uses food additives, food containers, packaging materials, food tools, equipment, detergents, or disinfectants that do not meet the hygiene standards and the provisions of the hygiene administration measures 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 45: Whoever, in violation of the provisions of this Law, produces or sells food that indicates a specific health care function without examination and approval by the health administrative department of the State Council, or where the contents of the product instructions of such food are false, shall be ordered to stop production or sale, 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 46: Whoever, in violation of the provisions of this Law, fails to indicate or falsely indicates on the package label or product instructions of prepackaged food and food additives such prescribed matters as the production date and shelf life, or fails to indicate Chinese labeling in accordance with regulations, shall be ordered to make corrections and may be fined not less than 500 yuan but not more than 10,000 yuan.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 47: Whoever, in violation of the provisions of this Law, engages in food production or sale while food production or sale personnel have not obtained health certificates, or fails to transfer, in accordance with regulations, production or sale personnel suffering from diseases and therefore not allowed to contact directly edible food, shall be ordered to make corrections and may be fined not more than 5,000 yuan.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 48: Whoever, in violation of the provisions of this Law, causes a food poisoning accident or other food-borne diseases, or causes damage to others due to other acts in violation of this Law, shall bear civil compensation liability in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 50: If a party is dissatisfied with a decision on administrative penalty, it may, within 15 days from the date of receipt of the penalty notice, 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 penalty notice, directly bring a suit in a people's court.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
The reconsideration organ shall make a reconsideration decision within 15 days from the date of receipt of the application for reconsideration. If the party is dissatisfied with the reconsideration decision, it may, within 15 days from the date of receipt of the reconsideration decision, bring a suit in a people's court.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
If the 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 51: If a health administrative department, in violation of the provisions of this Law, issues a hygiene license to a producer or seller 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 investigated in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 52: If food hygiene supervision and management personnel abuse their power, neglect their duties, or engage in malpractices for selfish ends, causing a major accident, and the act constitutes a crime, criminal liability shall be investigated in accordance with law; if the act does not constitute a crime, administrative sanctions shall be given in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 53: Whoever obstructs food hygiene supervision and management personnel from performing their duties in accordance with law by violence or threats shall be investigated for criminal liability in accordance with law; whoever refuses or obstructs food hygiene supervision and management personnel from performing their duties in accordance with law without using violence or threats shall be punished by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Chapter IX Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 54: For the purposes of this Law, the meanings of the following terms are:บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food means 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food additives: 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Nutritional fortification substances: 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food containers and packaging materials: refers to products such as paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, and glass used for packaging and holding food, and coatings that come into contact with food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food tools and equipment: refers to machinery, pipes, conveyor belts, containers, utensils, tableware, and the like that come into contact with food during the process of food production and sale.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food production and sale: refers to all activities such as the production of food (excluding planting and breeding industries), collection, purchase, processing, storage, transportation, display, supply, and sales.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Food producers and sellers: refers to all units or individuals engaged in food production and sale, including staff canteens, food vendors, and the like.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 55: The administrative measures for exported food shall be formulated separately by the State import and export commodity inspection department together with the health administrative department of the State Council and the relevant administrative departments.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/
Article 56: The hygiene administration measures for food specially for military use and food for self-supply by the military shall be formulated by the Central Military Commission in accordance with this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11215/