Food Safety Law of the People's Republic of ChinaบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(Adopted at the 7th Session of the Standing Committee of the 11th National People's Congress on February 28, 2009)บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Table of ContentsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter I General ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter II Food Safety Risk Monitoring and AssessmentบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter III Food Safety StandardsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter IV Food Production and OperationบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter V Food InspectionบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter VI Food Import and ExportบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter VII Handling of Food Safety AccidentsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter VIII Supervision and AdministrationบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter IX Legal LiabilityบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter X Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter I General ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 1 This Law is enacted to ensure food safety and safeguard public health and life safety.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 2 The following activities conducted within the territory of the People's Republic of China shall comply with this Law:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Food production and processing (hereinafter referred to as food production), food distribution and catering services (hereinafter referred to as food operation);บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) Production and operation of food additives;บทความมาจากFOFCC-http://fofcc.org.cn/th/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);บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Use of food additives and food-related products by food producers and operators;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) Safety management of food, food additives, and food-related products.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The quality and safety management of primary agricultural products 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 bear social responsibility.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 4 The State Council shall establish a Food Safety Committee, whose functions and responsibilities shall be prescribed by the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The health administrative department of the State Council shall assume the responsibility for 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 command 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 the food safety supervision and administration work within their respective administrative regions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Institutions established by departments under people's governments at higher levels in administrative regions at lower levels shall, under the unified organization and coordination of the local people's government where they are located, properly perform food safety supervision and administration work in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 bear responsibility.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 8 The State encourages social organizations and grassroots self-governing mass organizations to carry out work to popularize food safety laws, regulations, standards, and knowledge, advocate healthy dietary habits, and enhance consumers' food safety awareness and capacity for self-protection.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
News media shall carry out public-interest publicity on food safety laws, regulations, standards, and knowledge, and conduct public opinion supervision over acts violating this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 the level of food safety.บทความมาจากFOFCC-http://fofcc.org.cn/th/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. บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter II Food Safety Risk Monitoring and AssessmentบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 11 The State establishes a food safety risk monitoring system to monitor foodborne diseases, food contamination, and harmful factors in food.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, based on 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 12 Where the agriculture administration, quality supervision, industry and commerce administration, state food and drug administration, 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 13 The State establishes a food safety risk assessment system to conduct risk assessments on biological, chemical, and physical hazards in food and food additives.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Safety assessments of pesticides, fertilizers, growth regulators, veterinary drugs, feed, and feed additives shall include experts from the food safety risk assessment expert committee.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food safety risk assessments shall employ scientific methods and be conducted based on food safety risk monitoring information, scientific data, and other relevant information.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 14 Where the health administrative department of the State Council discovers through food safety risk monitoring or upon receiving reports that food may pose a safety hazard, it shall immediately organize inspection and food safety risk assessment.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 15 The agriculture administration, quality supervision, industry and commerce administration, and state food and drug administration departments of the State Council and other relevant departments shall submit recommendations for food safety risk assessment to the health administrative department of the State Council and provide relevant information and materials.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where the results of a food safety risk assessment conclude that food is unsafe, the quality supervision, industry and commerce administration, and state food and drug administration departments of the State Council 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 consuming 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 food that, upon comprehensive analysis, is shown to potentially 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter III Food Safety StandardsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 18 The formulation of food safety standards shall aim to safeguard public health and be scientifically sound, reasonable, safe, and reliable.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 19 Food safety standards are mandatory standards. Apart from food safety standards, no other mandatory food standards may be formulated.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 20 Food safety standards shall include the following contents:บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) The varieties, scope of use, and dosage of food additives;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Nutritional composition requirements for staple and supplementary foods exclusively for infants, young children, and other specific populations;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Requirements for labels, markings, and instructions related to food safety and nutrition;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) Sanitary requirements for the food production and operation process;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(6) Quality requirements related to food safety;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(7) Food inspection methods and procedures;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(8) Other contents that need to be established as food safety standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 21 National food safety standards shall be formulated and promulgated by the health administrative department of the State Council, and the standardization administration department of the State Council shall provide the national standard numbers.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 administration department of the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where relevant product national standards involve contents stipulated by national food safety standards, they shall be consistent with the national food safety standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 24 Where there are no national food safety standards, local food safety standards may be formulated.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall organize the formulation of local food safety standards, shall refer to and apply the provisions of this Law regarding the formulation of national food safety standards, and shall report them to the health administrative department of the State Council for filing.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 25 Where food produced by an enterprise has no national or local food safety standards, the enterprise shall formulate enterprise standards 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 filing and shall apply within the enterprise.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 26 Food safety standards shall be made available to the public for free consultation.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter IV Food Production and OperationบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 27 Food production and operation shall comply with food safety standards and meet the following requirements:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Have premises for food raw material processing and food processing, packaging, storage, and the like that are commensurate with the variety and quantity of food produced or operated, keep such premises clean and tidy, and maintain the prescribed distance from toxic and harmful sites and other sources of contamination;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) Have production and operation equipment or facilities commensurate with the variety and quantity of food produced or operated, and have corresponding equipment or facilities for disinfection, changing clothes, washing hands and faces, lighting, illumination, ventilation, preservation, dust prevention, fly prevention, rat prevention, insect prevention, washing, and treatment of wastewater, storage of garbage, and waste;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Have food safety professional and technical personnel, management personnel, and rules and regulations ensuring food safety;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Have 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 avoid food contact with toxic or unclean substances;บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 articles;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(7) Ready-to-eat food shall have small packaging or use non-toxic and clean packaging materials and tableware;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(8) Food production and operation personnel shall maintain personal hygiene; when producing or 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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(9) Water used shall comply with the national sanitary standards for drinking water;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(10) Detergents and disinfectants used shall be safe and harmless to the human body;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(11) Other requirements stipulated by laws and regulations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 28 The production and operation of the following foods are prohibited:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Food produced using non-food raw materials or food with chemical substances other than food additives and other substances that may endanger human health added, or food produced using recycled food as raw materials;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 set by food safety standards;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Staple and supplementary foods specially for infants, young children and other specific groups of people whose nutritional composition does not conform to food safety standards;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Food that is putrid, deteriorated, rancid, moldy, infested with insects, filthy and unclean, mixed with foreign matter, adulterated or doped, or abnormal in sensory characteristics;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) Meat and meat products of poultry, livestock, beasts and aquatic animals that died of disease, poisoning or unknown causes;บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(7) Food contaminated by packaging materials, containers, transport vehicles, etc.;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(8) Food beyond its shelf life;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(9) Prepackaged food without labels;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(10) Food whose production and operation is explicitly prohibited by the State for special needs such as disease prevention;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(11) Other food that does not conform to food safety standards or requirements.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 29 The State applies a licensing system to 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
A food producer that has obtained a food production license does not need to obtain a food circulation license to sell the food it produces at its production site; a catering service provider that has obtained a catering service license does not need to obtain food production and circulation licenses to sell the food it makes and processes at its catering service site; and individual farmers do not need to obtain a food circulation license to sell their own edible agricultural products.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Small food production and processing workshops and food vendors engaged in food production and operation activities shall conform to the food safety requirements stipulated in 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 31 The quality supervision, industry and commerce administration, and food and drug supervision and administration 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 conduct on-site verification of the applicants' production and operation premises when necessary; if the prescribed conditions are met, they shall decide to grant the license; if the prescribed conditions are not met, they shall decide not to grant the license and explain the reasons in writing.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 32 Food production and operation enterprises shall establish and improve their own food safety management systems, strengthen training of employees in food safety knowledge, assign 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 33 The State encourages food production and operation enterprises to conform to the requirements of good manufacturing practices and to implement the hazard analysis and critical control point system so as to improve the level of food safety management.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
For food production and operation enterprises that have passed certification under good manufacturing practices and the hazard analysis and critical control point system, 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 administration departments, and announce this to the public. Certification bodies shall not charge any fees for conducting follow-up investigations.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 34 Food producers and 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, and persons suffering from active pulmonary tuberculosis, purulent or exudative skin diseases and other diseases that hinder food safety, shall not engage in work that involves direct contact with ready-to-eat food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food production and operation personnel shall undergo a health examination every year and may take up work only after obtaining a health certificate.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 specialized farmers' cooperative economic organizations shall establish a production record system for edible agricultural products.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 36 Food producers purchasing food raw materials, food additives and food-related products shall check the supplier's license and product qualification certificates; for food raw materials for which qualification certificates cannot be provided, they shall conduct inspection 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food production enterprises shall establish a system of records for the inspection on purchase of food raw materials, food additives and food-related products, and truthfully record the name, specification, quantity, supplier name and contact information, date of purchase and other contents of the food raw materials, food additives and food-related products.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The records of inspection on purchase of food raw materials, food additives and food-related products shall be truthful, and the retention period shall not be less than two years.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 37 Food production enterprises shall establish a system of records for factory inspection of food, check the inspection qualification certificate and safety status of the food leaving the factory, and truthfully record the name, specification, quantity, production date, production batch number, inspection qualification certificate number, purchaser name and contact information, sales date and other contents of the food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The records of factory inspection of food shall be truthful, and the retention period shall not be less than two years.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 release or sell them only after they pass inspection.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 39 Food operators purchasing food shall check the supplier's license and food qualification certificates.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food operation enterprises shall establish a system of records for the inspection on purchase of food, and truthfully record the name, specification, quantity, production batch number, shelf life, supplier name and contact information, date of purchase and other contents of the food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The records of inspection on purchase of food shall be truthful, and the retention period shall not be less than two years.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
For food operation enterprises that adopt a unified distribution and operation mode, the enterprise headquarters may uniformly check the supplier's license and food qualification certificates and keep the records of inspection on purchase of food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 40 Food operators shall store food in accordance with the requirements for ensuring food safety, regularly check inventory food, and promptly clean up food that has deteriorated or exceeded its shelf life.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 41 Where food operators store bulk food, they shall indicate at the storage location the name, production date, shelf life, producer name and contact information of the food and other contents.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where food operators sell bulk food, they shall indicate on the containers and outer packaging of the bulk food the name, production date, shelf life, producer or operator name and contact information of the food and other contents.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 42 Prepackaged food shall have labels on its packaging. The labels shall indicate the following matters:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Name, specification, net content and production date;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) Ingredient list or ingredients;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Producer's name, address and contact information;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Shelf life;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) Product standard code;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(6) Storage conditions;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(7) Common names in national standards of the food additives used;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(8) Production license number;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(9) Other matters that must be indicated as stipulated by laws, regulations or food safety standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
For staple and supplementary foods specially for infants, young children and other specific groups of people, the labels shall also indicate the main nutritional components and their contents.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 43 The State applies a licensing system to 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 regulations on the administration of production licenses for industrial products.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 under the State Council. The health administrative department under 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 the food safety requirements are met, it shall decide in accordance with the law to grant the license and announce it; if the food safety requirements are not met, it shall decide not to grant the license and explain the reasons in writing.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 under 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 47 Food additives shall have labels, instructions and packaging. The labels and instructions shall state the matters specified 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 shall be responsible for the content stated on the labels and instructions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The labels and instructions of food and food additives shall be clear, conspicuous, and easy to identify.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food and food additives that do not conform to the content stated on their labels and instructions shall not be placed on the market for sale.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 49: Food business operators shall sell prepackaged food in accordance with the requirements of the warning signs, warning statements, or precautions indicated on the food labels.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 50: Drugs shall not be added to food produced or operated, but substances that are traditionally both food and Chinese medicinal materials may be added. 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 51: The State implements 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 content must be truthful. It shall state the suitable population, unsuitable population, functional ingredients or marker ingredients and their contents, etc.; the functions and ingredients of the product must be consistent with the labels and instructions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 52: The organizers of centralized trading markets, counter lessors, and organizers of trade exhibitions shall examine the licenses of food business operators entering the venue, clarify the food safety management responsibilities of food business operators entering the venue, and regularly inspect the business environment and conditions of food business operators entering the venue. Upon discovering that a food business operator has violated the provisions of this Law, they shall promptly stop it and immediately report to the county-level administrative department for industry and commerce or the food and drug supervision and administration department at the place where it is located.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
If the organizers of centralized trading markets, counter lessors, and organizers of trade exhibitions fail to perform the obligations stipulated in the preceding paragraph, and a food safety accident occurs in the market, they shall bear joint and several liability.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, operators, and consumers, and record the recall and notification situation.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, operators, and consumers, and record the situation of stopping operation and notification. If the food producer considers that a recall should be conducted, it shall immediately recall the food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food producers shall take measures such as remediation, harmless treatment, and destruction for recalled food, and shall report the food recall and handling situation to the quality supervision department at or above the county level.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
If food producers and 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 supervision and administration departments at or above the county level may order them to recall or stop operating.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 54: The content of food advertisements shall be truthful and lawful, shall not contain false or exaggerated content, and shall not involve disease prevention or treatment functions.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food safety supervision and administration departments, institutions responsible for food inspection, food industry associations, and consumers associations shall not recommend food to consumers in the form of advertisements or other forms.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 55: If social organizations or other organizations or individuals recommend food to consumers in false advertisements, causing damage to the lawful rights and interests of consumers, they shall bear joint and several liability with the food producers and operators.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 56: Local people's governments at all levels encourage large-scale food production and chain operation and distribution.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter V Food InspectionบทความมาจากFOFCC-http://fofcc.org.cn/th/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. However, except as otherwise provided by law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 58: Food inspection shall be independently conducted by inspectors designated by food inspection institutions.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 60: Food safety supervision and administration departments shall not implement exemption from inspection for food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Quality supervision, administrative departments for industry and commerce, and food and drug supervision and administration 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
If quality supervision, administrative departments for industry and commerce, and food and drug supervision and administration 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 61: Food production and operation enterprises may inspect the food they produce themselves, or may entrust food inspection institutions conforming to the provisions of this Law to conduct inspection.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter VI Food Import and ExportบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 62: Imported food, food additives, and food-related products shall conform to China's national food safety standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Imported food shall be released by customs upon the strength 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 63: For imported food for which there are no national food safety standards 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 corresponding national food safety standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 64: If food safety incidents occurring overseas may affect the territory of China, or if serious food safety problems are 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 administrative, agricultural administrative, administrative for industry and commerce, and national food and drug supervision and administration departments of the State Council. The departments receiving the notification shall promptly adopt corresponding measures.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 67: Importers shall establish a system of records for food import and sales, and shall truthfully record contents such as the name, specifications, quantity, production date, production or import batch number, shelf life, names and contact information of exporters and purchasers, and delivery date of the food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food import and sales records shall be truthful, and the retention period shall not be less than two years.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 68: Exported food shall be supervised and spot-checked by entry-exit inspection and quarantine institutions, and customs shall release it upon the strength of the customs clearance certificate issued by the entry-exit inspection and quarantine institution.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, the inspection and quarantine of their imported and exported food shall be strengthened.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter VII Handling of Food Safety AccidentsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 70: The State Council shall organize the formulation of a national emergency plan for food safety accidents.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, the food safety accident emergency plans of the people's government at the next higher level, and the actual situation of the region, formulate food safety accident emergency plans for their administrative regions and report them to the people's government at the next higher level for filing.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food production and operation enterprises shall formulate food safety accident handling plans, regularly inspect the implementation of various food safety preventive measures in the enterprise, and promptly eliminate hidden dangers of food safety accidents.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 71: Units where a food safety accident occurs shall immediately handle 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 at the place where the accident occurs.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
If the agricultural administrative, quality supervision, administrative for industry and commerce, and food and drug supervision and administration departments discover a food safety accident in daily supervision and management, or receive a report on a food safety accident, they shall immediately notify the health administrative department.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
If a major food safety accident occurs, the county-level health administrative department receiving the report shall 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 in accordance with regulations. 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
No unit or individual may conceal, falsely report, or delay the reporting of a food safety accident, or destroy relevant evidence.บทความมาจากFOFCC-http://fofcc.org.cn/th/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:บทความมาจากFOFCC-http://fofcc.org.cn/th/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 treatment;บทความมาจากFOFCC-http://fofcc.org.cn/th/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, cease operating, and destroy them in accordance with the provisions of Article 53 of this Law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Seal up contaminated food tools and utensils, and order that they be cleaned and disinfected;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Do a good job in information release, lawfully release information on the food safety accident and its handling, and explain and clarify the possible harm.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where 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 an emergency plan, and handle the matter in accordance with the provisions of the preceding paragraph.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 73 Where 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 of accident responsibility, urge the relevant departments to perform their duties, and submit a report on the investigation and handling of accident responsibility to the people's government at the same level.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where 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 of accident responsibility in accordance with the provisions of the preceding paragraph.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 74 Where 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 accident site, and conduct an epidemiological investigation into the factors related to the food safety accident.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 75 In investigating a food safety accident, in addition to ascertaining the responsibility of the unit where the accident occurred, it shall also ascertain the dereliction of duty or misconduct in office of the staff of the supervisory and administrative departments and certification bodies that have supervision and administration and certification duties.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter VIII Supervision and AdministrationบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 76 The local people's government at or above the county level shall organize its health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments to formulate an annual food safety supervision and administration plan for its administrative region, and organize and carry out work in accordance with the annual plan.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 administration duties, have the power to take the following measures:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Enter production and operation premises to carry out on-site inspection;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) Conduct sampling inspection of food produced and operated;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Consult and copy relevant contracts, invoices, account books, and other relevant materials;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 contaminated;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) Seal up premises illegally engaged in food production and operation activities.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
The agricultural administration department at or above the county level shall, in accordance with the duties provided by the Agricultural Product Quality and Safety Law of the People's Republic of China, supervise and administer edible agricultural products.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 and handling results of the supervisory inspection. The supervisory inspection record shall be signed by the supervisory inspection personnel and the food producer or operator and then placed on file.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 archives 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 archives, increase the frequency of supervisory inspection of food producers and operators with poor credit records.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 authority to handle them. The department with 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 administration 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 once; if a crime is suspected, they shall transfer the case to the public security organ in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) The overall national food safety situation;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) Food safety risk assessment information and food safety risk warning information;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Information on major food safety accidents and their handling;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Other important food safety information and information determined by the State Council to require unified release.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, based on their respective duties, release routine food safety supervision and administration information.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
When food safety supervision and administration departments release information, they shall ensure that it is accurate, timely, and objective.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 requiring unified release as provided in paragraph 1 of Article 82 of this Law, they shall report it to the competent department at the next higher level, and the competent department at the next 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 food safety information they learn of.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter IX Legal LiabilityบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 84 Whoever, in violation of the provisions of this Law, engages in food production and operation activities without a license, or produces food additives without a license, shall, by the relevant competent departments according to their respective division of duties, have the illegal gains, the illegally produced and operated food, food additives, and tools, equipment, raw materials, and other articles used for illegal production and operation confiscated; 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 85 Whoever, in violation of the provisions of this Law, falls under any of the following circumstances shall, by the relevant competent departments according to their respective division of duties, have the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other articles used for illegal production and operation confiscated; 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:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Producing food with non-food raw materials, or adding to food chemical substances other than food additives or other substances that may endanger human health, or producing food with recycled food as raw materials;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 set by food safety standards;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Producing or operating staple or supplementary food specially for infants and young children and other specific groups whose nutritional composition does not conform to food safety standards;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Operating food that is rotten and deteriorated, rancid in oil and fat, moldy and insect-infested, filthy and unclean, mixed with foreign matter, adulterated or doped, or abnormal in sensory properties;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) Operating the meat of poultry, livestock, beasts, or aquatic animals that died of disease, poisoning, or unknown causes, or producing or operating products made from the meat of poultry, livestock, beasts, or aquatic animals that died of disease, poisoning, or unknown causes;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(6) Operating meat that has not been quarantined by an animal health supervision institution or that failed quarantine, or producing or operating meat products that have not been inspected or that failed inspection;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(7) Operating food beyond its shelf life;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(8) Producing or operating food that the State has explicitly prohibited from production and operation for special needs such as disease prevention;บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(10) Food producers and operators still refusing to recall or cease operating food that does not conform to food safety standards after the relevant competent department orders them to recall or cease operating it.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 86 Whoever, in violation of the provisions of this Law, falls under any of the following circumstances shall, by the relevant competent departments according to their respective division of duties, have the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other articles used for illegal production and operation confiscated; 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:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) Operating food contaminated by packaging materials, containers, transport vehicles, or the like;บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) Food producers purchasing or using food raw materials, food additives, or food-related products that do not conform to food safety standards;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) Food producers and operators adding drugs to food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 87 Where any of the following circumstances occurs in violation of the provisions of this Law, the relevant competent departments shall, according to their respective functions and 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, the violator shall be ordered to suspend production or business until the license is revoked:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) failing to inspect purchased food raw materials and produced food, food additives, and food-related products;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) failing to establish and comply with the inspection record system and the ex-factory inspection record system;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) failing to file food safety enterprise standards in accordance with the provisions of this Law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(4) failing to store or sell food or clear inventory food in accordance with the prescribed requirements;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(5) failing to inspect licenses and relevant certification documents at the time of purchase;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(6) the labels or instructions of produced food or food additives involving disease prevention or treatment functions;บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 88 Where, in violation of the provisions of this Law, an entity 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 correction and give a warning; if relevant evidence is destroyed, the entity 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 original license-issuing department shall revoke the license.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 89 Where any of the following circumstances occurs in violation of the provisions of this Law, punishment shall be imposed in accordance with the provisions of Article 85 of this Law:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(1) importing food that does not conform to China's national food safety standards;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(2) importing food for which no national food safety standards yet exist, or importing a new variety of food additive or a new variety of food-related product for the first time, without safety assessment;บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
(3) exporters failing to comply with the provisions of this Law in exporting food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where, in violation of the provisions of this Law, an importer fails to establish and comply with the food import and sales record system, punishment shall be imposed in accordance with the provisions of Article 87 of this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 permits a food 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, the violator shall be ordered to suspend business, and the original license-issuing department shall revoke the license.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, the violator 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 original license-issuing department shall revoke the license.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 92 Where a entity has its food production, circulation, or catering service license revoked, the person directly in charge shall not engage in food production and operation management work within five years from the date the penalty decision is made.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where a food producer or operator employs a person who is prohibited from engaging in food production and operation management work to engage in management work, the original license-issuing department shall revoke the license.บทความมาจากFOFCC-http://fofcc.org.cn/th/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; and shall, in accordance with law, impose on the person directly in charge of the inspection institution and the food inspector the sanction of removal from office or dismissal.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where, in violation of the provisions of this Law, a person of a food inspection institution has received a criminal punishment or the sanction of dismissal, that person shall not engage in food inspection work within 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 94 Where, in violation of the provisions of this Law, false publicity is made about food quality in advertisements to deceive consumers, punishment shall be imposed in accordance with the provisions of the Advertising Law of the People's Republic of China.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Where, in violation of the provisions of this Law, a food safety supervision and administration department, an institution responsible for food inspection, a food industry association, or a consumers association recommends food to consumers in advertisements or other forms, the relevant competent departments shall confiscate the illegal gains and, in accordance with law, impose on the person directly in charge and other persons directly responsible the sanction of a major demerit, demotion, or removal from office.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, in accordance with law, be given the sanction of a major demerit, demotion, removal from office, or dismissal.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 any other 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, in accordance with law, be given the sanction of a major demerit or demotion; if serious consequences are caused, the sanction of removal from office or dismissal shall be given; and the principal person in charge shall resign from office.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 96 Where, in violation of the provisions of this Law, personal injury, property damage, or other harm is caused, liability for compensation shall be borne in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 97 Where, in violation of the provisions of this Law, a party should bear civil compensation liability and pay a fine or penalty, and its property is insufficient to pay both at the same time, it shall first bear civil compensation liability.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Chapter X Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 99 For the purposes of this Law, the meanings of the following terms are:บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
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/11227/
Food safety means that food is non-toxic and harmless, meets the nutritional requirements it should have, and does not cause any acute, subacute, or chronic harm to human health.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Prepackaged food means food prepackaged in fixed quantities or made in packaging materials or containers.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Packaging materials and containers used for food mean products such as paper, bamboo, wood, metal, enamel, ceramics, plastics, 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Tools and equipment used for food production and operation mean machinery, pipes, conveyor belts, containers, utensils, tableware, and the like that directly contact food or food additives in the process of production, circulation, and use of food or food additives.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Detergents and disinfectants used for food mean substances directly used for washing or disinfecting food, tableware, and tools, equipment, food packaging materials, and containers that directly contact food.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Shelf life means the period during which prepackaged food maintains its quality under the storage conditions indicated on the label.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Foodborne disease means an infectious or toxic disease caused by pathogenic factors in food entering the human body.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food poisoning means an acute or subacute disease occurring after eating food contaminated by toxic or harmful substances or after eating food containing toxic or harmful substances.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Food safety accident means an accident originating from food, such as food poisoning, foodborne disease, or food contamination, that harms or may harm human health.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 100 Where a food producer or operator has already obtained the corresponding license before this Law comes into force, that license shall remain valid.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 prevail.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 103 The State Council may, according to actual needs, make adjustments to the food safety supervision and administration system.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/
Article 104 This Law shall come into force on June 1, 2009. The Food Hygiene Law of the People's Republic of China shall be repealed at the same time.บทความมาจากFOFCC-http://fofcc.org.cn/th/11227/