(The Seventh Meeting of the Standing Committee of the 11th National People’s Congress on February 28, 2009 adopted the 14th meeting of the Standing Committee of the 12th National People’s Congress of April 24, 2015, based on December 29, 2018The seventh meeting of the Standing Committee of the 13th National People’s Congress of the National People’s Congress, “Amendment to the amendment to the Five Laws of the People’s Republic of China Product Quality Law”)
Table of contents
Chapter 1 General Principles
Chapter 2 Food Safety Risk Monitoring and Evaluation
Chapter III Food Safety Standards
Chapter 4 Food Production and Management
Section 1 generally stipulates
Section 2 production and operation process control
Section 3 label, instructions and advertisements
Section 4 Special Food
Chapter 5 Food Inspection
Chapter 6 Food Import and Export
Chapter VII Food Safety Accident Response
Chapter 8 Supervision and Management
Chapter 9 Legal Responsibility
Chapter 10
Chapter 1 General Principles
First article In order to ensure food safety, ensure the health and life safety of the public, this law is formulated.
Second To engage in the following activities in the People’s Republic of China, this law should be complied with:
(1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food management);
(2) Production and operation of food additives;
(3) The production and operations of the packaging materials for food, containers, detergents, disinfectants, and tools and equipment for food production and operation (hereinafter referred to as food -related products);
(4) Food producers and operators use food additives and food -related products;
(5) Storage and transportation of food;
(6) Safety management of food, food additives, food -related products.
The quality and safety management of primary products (hereinafter referred to as edible agricultural products), which is consumed by agriculture, complies with the provisions of the “Agricultural Product Quality and Safety Law of the People’s Republic of China”.However, if the market sales of edible agricultural products, the formulation of quality and safety standards, the announcement of safety information, and the announcement of the security information, and the law of this law, the agricultural investment items shall comply with the provisions of this law.
Article 3 Food safety work implements preventive, risk management, full -process control, social co -governance, and establish a scientific and strict supervision and management system.
Article 4 Food producers and operators are responsible for the safety of their production and operation of food.
Food production and operators shall engage in production and operation activities in accordance with laws, regulations and food safety standards to ensure food safety, integrity and self -discipline, responsible for society and the public, accept social supervision, and assume social responsibility.
The fifth The State Council establishes the Food Safety Committee, and its responsibilities are stipulated by the State Council.
In accordance with the responsibilities stipulated by the Law and the State Council’s duties, the State Council’s food safety supervision and management departments shall be supervised and managed on food production and operation activities.
The health administrative department of the State Council organizes food safety risk monitoring and risk assessment in accordance with the responsibilities stipulated in this Law and the State Council, and formulates and announce the national standards for food safety with the Food Safety Supervision and Administration Department of the State Council.
Other relevant departments of the State Council take the responsibilities stipulated in this law and the State Council, and assume relevant food safety work.
Article 6 Local people’s governments at or above the county level are responsible for food safety supervision and management in their administrative regions.And information sharing mechanism.
Local people’s governments at or above the county level determine the duties of food safety supervision and management, health administrative departments and other relevant departments at this level in accordance with the regulations of this law and the State Council.Relevant departments are responsible for food safety supervision and management in their own administrative areas within their respective responsibilities.
The food safety supervision and management department of the county -level people’s government may set up dispatch agencies in towns or specific areas.
Seventh The local people’s governments at or above the county level implement the food safety supervision and management responsibility system.The higher -level people’s government is responsible for evaluating and evaluating the food safety supervision and management of the next -level people’s government.Local people’s governments at or above the county level are responsible for evaluating and evaluating the food safety supervision and management of food safety supervision and management departments and other relevant departments at the county level.
eighth The people’s governments at or above the county level shall include food safety work into the national economic and social development plan at the level, include food safety work funds in the financial budget at the government, strengthen the construction of food safety supervision and management capabilities, and provide guarantee for food safety work.
The food safety supervision and management departments and other relevant departments of the people’s governments at or above the county level shall strengthen communication and close cooperation, divide the labor in accordance with their respective responsibilities, exercise their powers in accordance with the law, and bear responsibility.
Article 9 The Food Industry Association should strengthen industry self -discipline, establish and improve industry specifications and reward and punishment mechanisms in accordance with the charter, provide food safety information, technology and other services, guide and urge food production and operators to produce and operate in accordance with the law, promote the integrity of the industry, and promote and popularize food safety knowledge.
Consumer Associations and other consumer organizations conduct social supervision on violation of the provisions of this Law and harming the legitimate rights and interests of consumers.
Article 10 People’s governments at all levels should strengthen the publicity and education of food safety, popularize food safety knowledge, encourage social organizations, grass -roots mass autonomous organizations, food production operators to carry out food safety laws, regulations, and popularization of food safety standards and knowledge, and advocate healthEating methods to enhance consumer food safety awareness and self -protection ability.
News media should carry out public welfare publicity of food safety laws, regulations, and food safety standards and knowledge, and supervise public opinion illegal behavior.Propaganda and reports on food safety should be true and fair.
Article 11 The state encourages and supports basic research and application research related to food safety, and encourages and supports food production and operators to adopt advanced technology and advanced management specifications to improve the level of food safety.
The country’s use of pesticides has implemented a strict management system, accelerated the elimination of poison, high toxic, and high residue pesticides, promoted the research and development and application of alternative products, and encouraged the use of high -efficiency, low toxic and low residual pesticides.
Article 12 Any organization or individual has the right to report food safety illegal acts, understand food safety information from relevant departments in accordance with the law, and put forward opinions and suggestions on food safety supervision and management.
Article 13 Units and individuals who have made outstanding contributions in food safety work will be given commendation and rewards in accordance with relevant national regulations.
Chapter 2 Food Safety Risk Monitoring and Evaluation
Article 14 The state establishes a food safety risk monitoring system to monitor food -based diseases, food pollution, and harmful factors in food.
The health administrative department of the State Council, together with the Food Safety Supervision and Management of the State Council, formulated and implemented a national food safety risk monitoring plan.
After the State Council’s Food Safety Supervision and Administration Department and other relevant departments know about food safety risk information, they shall immediately verify and report to the health administrative department of the State Council.Regarding the food safety risk information notified by relevant departments and related disease information such as food -based diseases reported by medical institutions, the health administrative department of the State Council shall analyze and study the relevant departments of the State Council.
The health administrative departments of the people’s government of the provincial, autonomous regions, and municipalities directly under the Central Government, together with the food safety supervision and management departments of the same level, and other departments, in accordance with the national food safety risk monitoring plan, combined with the specific circumstances of their own administrative areas, formulate and adjust the food safety risk monitoring scheme in the administrative area, and reportThe health administrative department of the State Council filed and implemented.
Article 15 The technical institutions that undertake food safety risk monitoring should carry out monitoring work according to the food safety risk monitoring plan and monitoring plan to ensure that the monitoring data is true and accurate, and the monitoring data and analysis results are submitted to the monitoring plan and the requirements of the monitoring scheme in the food safety risk monitoring plan.
Food safety risk monitoring staff has the right to enter the relevant edible agricultural products planting and breeding, food production and operation places to collect samples and collect relevant data.The collection of samples should be paid at the market price.
Article 16 The results of food safety risk monitoring show that there may be potential food safety hazards, and the health administrative department of the people’s government at or above the county level shall promptly inform relevant information of food safety supervision and management departments at the same level, and reports the health administrative department of the people’s government and higher -level people’s governments.Food safety supervision and management departments shall organize further investigations.
Article 17 The state establishes a food safety risk assessment system. It uses scientific methods to monitor information, scientific data, and related information based on food safety risk monitoring information, and conducts risk assessment of biological, chemical and physical hazards in food, food additives, food -related products.
The health administrative department of the State Council is responsible for organizing food safety risk assessment work, and establishes food safety risk assessment expert committees composed of experts from medical, agriculture, food, nutrition, biology, and environmental experts conduct food safety risk assessment.The results of food safety risk assessment were announced by the State Council’s health administrative department.
For the safety assessment of pesticides, fertilizers, veterinary drugs, feed, and feed additives, experts from the Food Safety Risk Evaluation Expert Committee shall participate.
Food safety risk assessment shall not charge fees from manufacturers, and the collection of samples shall pay according to the market price.
Article 18 If one of the following circumstances, the food safety risk assessment should be carried out:
(1) Monitoring through food safety risk or receiving reports found that food, food additives, and food -related products may have hidden safety hazards;
(2) Provide scientific basis for the formulation or revision of the national standards for food safety to evaluate the risk assessment;
(3) In order to determine the key areas and varieties of supervision and management, the risk assessment is required;
(4) Finding new possible food safety factors;
(5) You need to determine whether a certain factor constitutes a hidden danger of food safety;
(6) The health administrative department of the State Council believes that other situations need to be evaluated by risk assessment.
Article 19 If the State Council’s Food Safety Supervision and Administration, Agricultural Administration and other departments find that if the food safety risk assessment needs to be conducted during the supervision and management work, it shall make suggestions for the evaluation of food safety risk assessment to the health administrative department of the State Council, and provide information such as risks, relevant inspection data, and conclusions.,material.If it belongs to the situation stipulated in Article 18 of this Law, the health administrative department of the State Council shall conduct a timely assessment of food safety risk and inform the relevant departments of the State Council.
20 The health administration and agricultural administrative departments of the people’s governments at or above the provincial level shall promptly notify the monitoring information of food and edible agricultural product safety risk monitoring information in a timely manner.
The health administration and agricultural administrative department of the State Council shall promptly notify information such as the results of food, edible agricultural product safety risk assessment results.
Article 21 The results of food safety risk assessment are the scientific basis for formulating, revising food safety standards, and implementing food safety supervision and management.
After evaluation of food safety risk, if food, food additives, and food -related products are not safe, the State Council’s food safety supervision and management departments shall immediately announce to the public in accordance with their respective responsibilities, inform consumers to stop eating or use, and take corresponding measures.To ensure that the food, food additives, and food -related products are stopped in production and operation; if it is necessary to formulate and revise national national standards for food safety, the health administrative department of the State Council shall, together with the Food Safety Supervision and Administration Department of the State Council to formulate and revise them immediately.
Article 22 The State Council’s food safety supervision and management department shall, together with relevant departments of the State Council, comprehensively analyze the food safety status according to the results of food safety risk assessment and food safety supervision and management information.For foods with comprehensive analysis that have a high degree of security risks, the food safety supervision and management department of the State Council shall promptly propose a food safety risk warning and announce it to the society.
Article 23 The food safety supervision and management department of the people’s government at or above the county level, and other relevant departments, the expert committee of the food safety risk assessment and its technical institutions shall organize food manufacturers, food inspection agencies, and certification institutions in accordance with the principles of science, objective, timely, and disclosure, Food Industry Association, Consumer Association, and news media, communicate with food safety risk assessment information and food safety supervision and management information.
Chapter III Food Safety Standards
Article 24 The formulation of food safety standards should be scientific, reasonable, safe and reliable for ensuring the health of the public’s health.
Article 25 Food safety standards are the standard for enforcement.Except for food safety standards, other food mandatory standards shall not be formulated.
Article 26 Food safety standards should include the following content:
(1) Food, food additives, food -related products, pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollution substances, and other limited regulations that harm human health substances;
(2) The variety, scope and dosage of food additives;
(3) The requirements for the nutritional content of the main and auxiliary foods for infants and young children and other specific groups;
(4) The requirements for labels, signs, and manuals related to food safety requirements such as hygiene, nutrition;
(5) Sanitary requirements for the food production and operation process;
(6) Quality requirements related to food safety;
(7) Food inspection methods and regulations related to food safety;
(8) Other content that needs to be formulated as food safety standards.
Article 27 The national standard of food safety shall be formulated and announced by the health administrative department of the State Council, and the State Council’s food safety supervision and management department.
The limited regulations of pesticide residues and veterinary drug residues in food and its inspection methods and procedures are formulated by the health administrative department of the State Council and the agricultural administrative department of the State Council.
The inspection regulations for slaughtering livestock and poultry are formulated by the Agricultural Administration Department of the State Council and the health administrative department of the State Council.
Article 28 To formulate national standards for food safety, it shall be based on the results of food safety risk assessment and fully consider the results of edible agricultural product safety risk assessment results.Opinions of production operators, consumers, relevant departments and other aspects.
National standards for food safety shall be reviewed and approved by the National Standard Evaluation Committee of the Food Safety Administrative Department organized by the State Council.The National Standard Review Committee of Food Safety, experts in medicine, agriculture, food, nutrition, biology, environment and other aspects, as wellSexual review.
Article 29 For local specialty foods, if there is no national standard for food safety, the health administrative department of the people’s government of the province, autonomous region, and municipalities may formulate and announce local food safety local standards to report to the health administrative department of the State Council for record.After the national standards of food safety are formulated, the local standards will be abolished.
Article 30 The state encourages food production enterprises to formulate corporate standards strictly than national standards of food safety or local standards. It applies to the enterprise and reports to the health administrative department of the people’s government of the province, autonomous region, and municipalities directly under the Central Government.
Article 31 The health administrative departments of the people’s government at or above the provincial level shall announce national standards, local standards, and corporate standards for the formulation and filing of the formulation and filing of the formulation and filing for free inspection and download.
For the implementation of food safety standards, the health administrative department of the people’s government at or above the county level shall give guidance and answers in a timely manner with relevant departments.
Article 32 The health administrative departments of the people’s government at or above the provincial level shall, together with food safety supervision and management, agricultural administration and other departments at the same level, follow up and evaluate the implementation of national standards and local standards of food safety, and timely revise food safety standards based on the evaluation results.
Food safety supervision and management, agricultural administration and other departments at the provincial level shall collect and summarize the problems existing in the implementation of food safety standards, and inform the health administrative department at the same level in a timely manner.
If food safety standards have problems in the implementation of food safety standards and the food industry associations, they should immediately report to the health administrative department.
Chapter 4 Food Production and Management
Section 1 generally stipulates
Article 33 Food production and operation should meet food safety standards and meet the following requirements:
(1) Food and raw material treatment and food processing, food processing, packaging, storage and other places that are compatible with food varieties and quantities to maintain the environment of the place is clean, and keep the prescribed distance from the toxic, harmful venues and other pollution sources;
（二）具有与生产经营的食品品种、数量相适应的生产经营设备或者设施，有相应的消毒、更衣、盥洗、采光、照明、通风、防腐、防尘、防蝇、防鼠、防虫、洗涤And equipment or facilities that handle wastewater, store garbage and waste;
(3) Food and technical personnel, food safety management personnel and rules and regulations for food safety management personnel, food safety management personnel and food safety personnel;
(4) Have a reasonable equipment layout and process process to prevent the food of food, the cross -contamination of the food, raw materials and finished products, and prevent food contact with poison and unclean objects;
(5) The container of tableware, drinking utensils and placing directly imported food should be washed and disinfected before use.
(6) The containers, tools and equipment of storage, transportation, and loading and unloading food should be safe and harmless, keep clean, prevent food pollution, and meet special requirements such as the temperature and humidity required for food safety.Storage and transportation together;
(7) Foods directly at the entrance should use non -toxic and clean packaging materials, tableware, drinks and containers;
(8) Food production and operators should maintain personal hygiene. When producing and operating food, they should wash their hands and wear clean work clothes, hats, etc.; When selling direct food without packaging, they should use non -toxic and clean containers, clean containers, and clean containers, clean containers, and clean containers.Sales tools and equipment;
(9) The use of water should meet the health standards of drinking water stipulated in the state;
(10) The detergent and disinfectant used should be safe and harmless to the human body;
(11) Other requirements stipulated in laws and regulations.
If non -food production operators engaged in food storage, transportation, and loading and unloading, they shall comply with the provisions of the sixth paragraph of the previous paragraph.
Article 34 Prohibit the production and operation of the following foods, food additives, and food -related products:
(1) Foods produced with non -food raw materials or chemicals other than food additives and other foods that may endanger human health materials, or foods produced with recycled foods as raw materials;
(2) Pathotic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants, as well as other material content that harms human health than food safety standards, food additives, food -related products;
(3) Foods and food additives produced by food raw materials and food additives exceeding the shelf life;
(4) Foods that use food additives in over -range and over -limits;
(5) The nutritional ingredients do not meet the food safety standards for infants and young children and other specific people.
(6) Corruption deterioration, fatty acidity, moldy insects, dirty and unclean, mixed with foreign objects, adulterated or mixed or sensory traits of food and food additives;
(7) Poultry, animals, beasts, aquatic animals and products with sickness, poisoning, or unknown causes;
(8) Failure to conduct quarantine or unqualified meat in accordance with regulations, or unspeakable or unqualified meat products;
(9) Foods and food additives contaminated by packaging materials, containers, transportation tools, etc.
(10) Mark food and food additives that are marked with false production dates, quality periods or exceeding the shelf life;
(11) Pre -packaged food and food additives without labels;
(12) Foods that are prohibited and operated by the state for prevention and other special needs for prevention;
(13) Other foods, food additives, and food -related products that do not comply with laws, regulations or food safety standards.
Article 35 The state implements a permission system for food production and operation.Entering food production, food sales, and catering services shall obtain permission in accordance with the law.However, it is not necessary to obtain a permission to sell edible agricultural products.
The food safety supervision and management department of the local people’s governments at or above the county level shall review the relevant requirements of Article 33, paragraph 1, paragraph of paragraphs, paragraph 1 to the fourth to fourth to fourth to fourth to fourth to fourth to fourth -fourth to fourth to fourth to fourth -fourth to fourth -fourth to fourth -fourth to fourth -fourth to fourth to fourth.Data, if necessary, conduct on -site inspections of the applicant’s production and operation places; for those who meet the prescribed conditions, permits; for those who do not meet the prescribed conditions, they will not permit and explain the reasons in writing.
Article 36 Food production and processing small workshops and food vendors are engaged in food production and operation activities, which should meet the food safety requirements that are compatible with their production and operation scale and conditions stipulated in this Law to ensure that the food hygiene, non -toxic, harmless food safety, food safety they are produced and operatedThe supervision and management department shall strengthen supervision and management.
The local people’s governments at or above the county level shall comprehensively govern the food production and processing small workshops, food vendors, etc., strengthen services and unified planning, improve their production and operation environment, encourage and support their improvement of production and operation conditions, enter the centralized trading market, stores and other fixed fixed fixedOperation of the place, or in the designated temporary operation area and time period.
Specific management methods for food production and processing small workshops and food vendors are formulated by provinces, autonomous regions, and municipalities.
Article 37 The use of new food raw materials to produce foods, or new varieties of food additives and new varieties of food -related products, shall submit safety evaluation materials for related products to the health administrative department of the State Council.The health administrative department of the State Council shall organize review within 60 days from the date of receipt of the application; those who meet food safety requirements shall be permitted and announced; those who do not meet food safety requirements shall not permit and explain the reasons in writing.
Article 38 Drugs must not be added to foods for production and operation, but you can add a substance that is both a food and a Chinese medicinal material according to tradition.According to tradition, it is both the material directory of food and the material of Chinese medicinal materials.
Article 39 The state implements a license system for food additive production.Entering food additive production, there should be places, production equipment or facilities, professional and technical personnel and management systems that are compatible with the variety of food additives produced, and obtain food additive production in accordance with the procedures stipulated in Article 35 of this Law.license.
The production of food additives shall comply with national standards for laws, regulations and food safety.
Article 40 Food additives should be technically necessary and risk evaluation proven safety and reliability before they can be included in the range of allowable use; national standards for food safety shall be revised in time according to technical necessity and food safety risk assessment results.
Food producers and operators should use food additives in accordance with national standards for food safety.
Article 41 The production of food -related products shall meet national standards for laws, regulations and food safety.For food -related products with high risks such as packaging materials directly contacting foods, production permits are implemented in accordance with the provisions of national industrial product production license management.The food safety supervision and management department shall strengthen the supervision and management of food -related product production activities.
Article 42 The country establishes a system of food safety.
Food production and operators shall establish a food safety traceability system in accordance with the requirements of this law to ensure that food traceability can be traced.The state encourages food production and operators to adopt information -based collection, retain production and operation information, and establish a food safety traceability system.
The Food Safety Supervision and Administration Department of the State Council, together with relevant departments such as the State Council’s agricultural administration, establishes the food safety back traceing and collaboration mechanism.
Article 43 Local people’s governments at all levels should take measures to encourage food large -scale production and chain operations and distribution.
The state encourages food production and operation enterprises to participate in food safety liability insurance.
Section 2 production and operation process control
Article 44 Food production and operation enterprises should establish a sound food safety management system, conduct food safety knowledge training for employees, strengthen food inspection work, and engage in production and operation activities in accordance with the law.
The main person in charge of food production and operation enterprises shall implement the food safety management system of the enterprise and be fully responsible for the company’s food safety work.
Food production and operation enterprises should be equipped with food safety management personnel to strengthen their training and assessment.Those who do not have food safety management capabilities after assessment shall not go to work.The food safety supervision and management department shall randomly supervise the random inspection and assessment of the food safety management personnel of the enterprise and announce the assessment.Supervision and random inspections shall not charge fees.
Article 45 Food producers and operators shall establish and implement the health management system of employees.Persons with the stipulated in the health administrative department of the State Council shall not engage in the work of direct contact with direct import food.
Food production and operators engaged in direct food work should conduct health inspections every year to obtain health certificates before they can work.
Article 46 Food manufacturers should formulate and implement control requirements for the following matters to ensure that the food produced meets food safety standards:
(1) Control of raw material procurement, raw materials acceptance, and investment;
(2) Production process, equipment, storage, packaging and other key link control;
(3) Inspection and control of raw materials inspection, semi -finished product inspection, and inspection of finished products;
(4) Transportation and delivery control.
Article 47 Food manufacturers should establish a food safety self -inspection system and regularly check and evaluate food safety status.If the production and operation conditions change and no longer meet the requirements of food safety, food production and operators shall immediately take rectification measures; if there is a potential risk of food safety accidents, food production and operation activities should be stopped immediately and the food safety of the county -level people’s government is located.Supervision and management department report.
Article 48 The state encourages food production and operation enterprises to meet the requirements of good production specifications, implement the system of hazardous analysis and key control points, and improve the level of food safety management.
For food production and operation enterprises that have passed good production specifications, analysis of hazards, and key control points systems, the certification institutions shall implement tracking surveys in accordance with the law; for enterprises that no longer meet the certification requirements, they shall withdraw certifications in accordance with the law, and timely to the people’s governments at or above the county level of the people’s governments at or above the county levelThe safety supervision and management department notified and announced to the society.The certification agency shall not charge a follow -up investigation.
Article 49 Edible agricultural product producers shall use agricultural input products such as pesticides, fertilizers, veterinary drugs, feed and feed additives in accordance with food safety standards and relevant national regulations.Agricultural investment.It is forbidden to use highly toxic, highly toxic pesticides for crops prescribed by countries such as vegetables, fruits, tea, and Chinese herbal medicines.
Economic Organization for Economic Organization for Farmers’ Professional Cooperation of Agricultural Products shall establish a record system for the use of agricultural input products.
The agricultural administrative departments of the people’s government at or above the county level shall strengthen the supervision and management and guidance of the use of agricultural input products, and establish and improve the system of safe use of agricultural input products.
Article 50 Food producers to purchase food raw materials, food additives, and food -related products shall check the licenses of suppliers and certifications of product qualifications; for food raw materials that cannot provide qualified certificates, they shall be inspected in accordance with food safety standards;Food safety standard food raw materials, food additives, food -related products.
Food manufacturers should establish a checking record system for food raw materials, food additives, food -related product purchase inspection, and truthfully record food raw materials, food additives, food -related products, specifications, quantity, production date or production batch number, shelf life, purchase date, supply date, supply date, supply date, supply date, supply date, supply date, supply date, supply date, supply date, supply date, supply date, supplyThe name, address, contact information, etc., and save relevant vouchers.Records and vouchers shall not be less than six months after the product shelf life expires; if there is no clear preservation period, the preservation period shall not be less than two years.
Article 51 Food production enterprises should establish a food factory inspection and record system, check out the inspection certificate and safety status of the factory food, and truthfully record the name, specifications, quantity, production date or production batch number, shelf life, inspection certificate number, sales date, purchase of goods, purchase date, and purchase of food.The name, address, contact information, etc., and save relevant vouchers.Records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this law.
Article 52 Producers with food, food additives, and food -related products shall test the food, food additives, and food -related products produced in accordance with food safety standards. After passing the inspection, the factory or sales can be sold.
Article 53 Food operators to purchase foods shall check the licenses of suppliers and qualified certificates of food ex -factory inspection or other qualified certificates (hereinafter referred to as qualified certification documents).
Food business enterprises should establish a food purchase inspection record system, and truthfully record the name, specifications, quantity, production date or production batch number, shelf life, purchase date, and supplier name, address, contact information, etc., and save relevant vouchers.Records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this law.
Food business enterprises with unified distribution operation methods can uniformly check the license and food qualification document documents of the supplier’s headquarters and conduct food purchase inspection records.
Operating enterprises engaged in food wholesale business should establish a food sales record system, and truthfully record the names, specifications, quantities, production date or production batch number, shelf life, sales date, address, contact information, and other contents of the wholesale food, and save the name, address, contact information, etc.Related vouchers.Records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this law.
Article 54 Food operators should store food in accordance with the requirements of ensuring food safety, check inventory food regularly, and clean up foods that have metamorphic or exceed the shelf life in time.
Food operators store bulk foods, which should indicate the name of the food, production date or production batch number, shelf life, producer name and contact information at the storage location.
Article 55 Catering service providers shall formulate and implement raw material control requirements, and shall not purchase food raw materials that do not meet food safety standards.Promote the public processing process of catering service providers, publicize food raw materials and its source information.
During the processing process, the catering service provider should check the food and raw materials to be processed during the processing process. If it is found that the situation specified in Article 34 of the Law, it shall not be processed or used.
Article 56 Catering service providers should regularly maintain food processing, storage, display and other facilities and equipment; regular cleaning, verifying thermal insulation facilities, refrigerated and freezing facilities.
Catering service providers shall clean and disinfect the tableware and drinks in accordance with the requirements, and shall not use uninterrupted disinfection tableware and drinks; if the catering service provider entrusts the disinfection of disinfection tableware and drinks, it shall commission the tableware that meets the conditions stipulated in this LawConcentrated disinfection service unit.
Article 57 The cafeterias of concentrated dining units such as schools, childcare institutions, pension institutions, and construction sites shall strictly abide by laws, regulations and food safety standards; if they order meals for food units, they shall order enterprises that obtain food production and operation permits, and they shall be ordered by the requirements of food production and operation.Check the food ordered food.The food supply unit shall strictly abide by laws, regulations and food safety standards to ensure food safety when meals.
The competent authorities of schools, childcare institutions, pension institutions, construction sites and other concentrated dining units shall strengthen food safety education and daily management of centralized dining units, reduce food safety risks, and timely eliminate hidden food safety hazards.
Article 58 The centralized disinfection service units of tableware and drinking utensils shall have the corresponding operating venue, cleaning and disinfection equipment or facilities. Washing agents and disinfection agents used in water and use shall meet the national standards of related food safety, and other national standards and sanitary norms.
The centralized disinfection service units of tableware and drinking utensils shall conduct batch inspections on disinfection tableware and beverages, and the factory can be issued after passing the inspection.Disinfected tableware and drinks should be marked with the name, address, contact information, disinfection date, and use period on independent packaging.
Article 59 Food additive producers shall establish a food additives to export the factory inspection record system, check the inspection certificate and safety status of factory products, and truthfully record the name, specifications, quantity, production date or production batch number, shelf life, inspection certificate number, sales date of the food additivesAnd related content, address, contact information and other related content, and save relevant vouchers.Records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this law.
Article 60 食品添加剂经营者采购食品添加剂，应当依法查验供货者的许可证和产品合格证明文件，如实记录食品添加剂的名称、规格、数量、生产日期或者生产批号、保质期、进货日期以及供货者名称、Address, contact information and other contents, and save relevant vouchers.Records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this law.
Article 61 The organizers, counters, and exhibition organizers of the concentrated trading market shall review the license of the food operators admitted in accordance with the law, clarify their food safety management responsibilities, regularly check their operating environment and conditions, and find that it violates this violation of this thisIf the law stipulates behavior, it shall stop and immediately report and immediately report the food safety supervision and management department of the county -level people’s government.
Article 62 The third -party platform provider of online food transactions shall register the real -name food operator of the network to clarify its food safety management responsibilities; if the license shall be obtained in accordance with the law, the license shall also be reviewed.
If the provider of the third -party platform of online food trading discovered that the food operator of the network is violating the acts stipulated in this Law, it shall stop and immediately report the food safety supervision and management department of the county -level people’s government at the local people’s government; if a serious violations are found, we should stop providing online transactions immediatelyPlatform service.
Article 63 The state establishes a food recall system.Food producers found that the food produced does not meet the food safety standards or has evidence to prove that it may endanger human health, and they should stop production immediately, recall the food that has been listed on sale, notify relevant production operators and consumers, and record the recall and notification situation.Essence
Food operators find that the food it operates has a stipulated situation in the previous paragraph, shall immediately stop the operation, notify relevant production operators and consumers, and record the stop operation and notification.Food producers believe that they should be recalled and they should be recalled immediately.If the food operators have the stipulated situation in the preceding paragraph due to food operators, food operators should be recalled.
Food manufacturers should take measures such as harmless treatment and destruction of the recalled food to prevent them from flowing into the market again.However, food producers can continue to be sold because of the recalled food, sign or instructions that do not meet the food safety standards, and food producers can continue to be sold when they take remedial measures and ensure food safety; they should show remedial measures to consumers when selling.
Food producers and operators shall report food recall and treatment to the food safety supervision and management department of the county -level people’s government at the local people’s government; if they need to be harmless and destroyed by the recalled food, the time and place should be reported in advance.The food safety supervision department believes that if necessary, on -site supervision can be implemented.
If food manufacturers fail to recall or stop operations in accordance with the provisions of this article, the food safety supervision and management department of the people’s government at or above the county level may order it to recall or stop operation.
Article 64 The edible agricultural product wholesale market should be equipped with inspection equipment and inspectors or entrusted food inspection agencies that comply with this Law to sample the sampling of edible agricultural products sold in the wholesale market; if they find that they do not meet food safety standardsAnd report to the food safety supervision and management department.
Article 65 Sellers of edible agricultural products should establish a check -up record system for the purchase of edible agricultural products, and truthfully record the names, quantity, purchase date, and supplier names, address, contact information and other contents of the edible agricultural products, and save relevant vouchers.Records and vouchers shall not be less than six months.
Article 66 Edible agricultural products that enter the market use food -related products such as fresh -keeping agents, preservatives and other foods and packaging materials during packaging, fresh -keeping, storage, and transportation, which shall meet national standards for food safety.
Section 3 label, instructions and advertisements
Article 67 There should be labels on the packaging of pre -packaged food.The label should be indicated by the following matters:
(1) Name, specifications, net content, production date;
(2) Ingredients or ingredients;
(3) The name, address, and contact information of the producer;
(4) The shelf life;
(5) Product standard code;
(6) Storage conditions;
(7) The common name of food additives used in national standards;
(8) Production license number;
(9) Other matters indicated by laws, regulations or food safety standards.
The labels for infants and young children and other specific groups should also indicate the main nutritional ingredients and their content.
If the national standards of food safety have other regulations on labeling, it is stipulated.
Article 68 Food operators sell bulk foods, and should indicate the name of food, production date or production batch number, shelf life, production operator name, address, and contact information on the container of bulk food, production date or production batch number, shelf life.
Article 69 Production and operational genetically modified food shall be significantly marked in accordance with regulations.
Seventy one Food additives should have labels, manuals and packaging.The labels and instructions should be stated that the matters stipulated in Article 67, paragraph 1, paragraph 1, paragraph 1 of this Law, and the scope, dosage, and usage methods of food additives, and in the label, andUpload the words “food additives”.
Seventy -one The labels and manuals of food and food additives shall not contain false content, and shall not involve disease prevention and treatment functions.Production operators are responsible for the label and manual it provided.
The labels and manuals of food and food additives should be clear and obvious. Matters such as production date and shelf life should be significantly marked and easy to identify.
Food and food additives do not match the contents of their labels and manuals, shall not be listed and sold.
Article 72 Food operators should sell foods in accordance with the warning signs, warning descriptions or precautions marked by the food label.
Seventy -three The content of food advertisements should be true and legal, and must not contain false content, and must not involve disease prevention and treatment functions.Food manufacturers are responsible for the authenticity and legitimacy of food advertising content.
The food safety supervision and management department of the people’s governments at or above the county level and other relevant departments, as well as the food inspection agencies, and the food industry associations shall not recommend food to consumers in advertising or other forms.Consumer organizations must not charge consumers to recommend foods to consumers by collecting fees or other benefits.
Section 4 Special Food
Article 74 The state implements strict supervision and management of special foods such as health food, special medical use formula food and infant formula food.
Article 75 Health food claims to have a scientific basis for health function, and must not have acute, subacute or chronic harm to the human body.
The health food catalog and the health care function directory that allows health foods is formulated, adjusted and announced by the State Council’s food safety supervision and management department in conjunction with the health administrative department of the State Council and the national Chinese medicine management department.
The health food raw material directory shall include the name of the raw material, the amount and the corresponding effects of the raw material; the raw materials included in the health food raw material catalog can only be used for health food production and cannot be used for other food production.
Article 76 Health foods that use raw materials outside the health food raw material and the first imported health food shall be registered by the State Council’s Food Safety Supervision and Administration Department.However, if the first -time imported health food belongs to nutrients such as vitamins, minerals, etc., it shall be reported to the Food Safety Supervision and Administration Department of the State Council for the record.Other health foods shall be reported to the food safety supervision and management departments of the people’s governments of the province, autonomous region, and municipality directly under the Central Government.
Imported health foods should be products that the competent departments of exporters (regions) are allowed to be listed and sold.
Article 77 The health food that should be registered in accordance with the law should be submitted to the R & D reports, product recipes, production technology, safety and health function evaluations, labels, manuals and other materials and samples of health foods, and provide relevant certification documents.After the State Council’s Food Safety Supervision and Administration Department has organized a technical review, it is allowed to register if it meets the requirements of safety and functional claims; if it does not meet the requirements, it will not register and explain the reasons in writing.If the health food that uses the raw materials outside the health food raw material catalog is allowed to register a registered decision, the raw material shall be incorporated into the health food raw material catalog in time.
The health foods that should be filed in accordance with the law shall be submitted to the product formula, production process, labels, manuals, and materials that indicate product safety and health functions when filing.
Article 70 The label and instructions of health foods must not involve the function of disease prevention and treatment. The content should be true, consistent with the content of registration or filing, stipulate that the suitable group, the inappropriate population, the efficacy ingredients or the iconic ingredients and its content, etc., and declare “This product cannot replace the drug. “The functions and composition of health food should be consistent with labels and manuals.
Article 79 In addition to the provisions of Article 73 of this Law, health food advertisements shall also declare that “this product cannot replace drugs”; its content shall be under the food safety supervision and management department of the provinces, autonomous regions, and municipalities of the provinces of the production enterprise.Examine approval and obtain a health food advertising approval document.The food safety supervision and management departments of the people’s governments of the provincial, autonomous regions, and municipalities shall announce and update the admitted health food advertising catalog and approved advertising content in a timely manner.
Article 80 Special medical use formula food shall be registered with the Food Safety Supervision and Administration Department of the State Council.When registering, it shall submit materials, production technology, labels, manuals, and materials that indicate the clinical effects of product safety, nutritional adequacy and special medical use.
Special medical use formula food advertisements are applicable to the “Advertising Law of the People’s Republic of China” and other laws and administrative regulations on the management of drug advertising management.
Article 81 Infant formula food manufacturers should implement the quality control of the entire process from raw materials to the factory from the finished product to the finished product, and implement batch inspection of infant formula food foods to ensure food safety.
Fresh milk, auxiliary materials and other food materials, food additives, etc. used by the production of infant formula foods, and food additives shall meet the requirements of laws and administrative regulations and national standards for food safety to ensure the nutritional content required for the growth and development of infants and young children.
Infant formula food manufacturers shall record food raw materials, food additives, product formulas, and labels to the food safety supervision and management department of the people’s government of the province, autonomous region, and municipality directly under the Central Government.
The product formula of infant formula milk powder shall be registered by the State Council’s Food Safety Supervision and Administration Department.When registering, it shall submit the formula R & D report and other materials that indicate the scientific and safety of the formula.
It is not allowed to produce infant formula milk powder in the form of packaging, and the same company shall not use the same formula to produce different brands of infant formula milk powder.
Article 82 The registrar or the recorder of health food, special medical use formula food, infant formula milk powder or recorder shall be responsible for the authenticity of the materials submitted.
The food safety supervision and management departments of the people’s government at or above the provincial level shall promptly publish the health food, special medical use formula food, infant formula milk powder catalog, and keep the business secrets known to register or filing.
Health food, special medical use formula food, infant formula milk powder production enterprises shall organize production in accordance with technical requirements such as registered or filing product formulas, production technology and other technical requirements.
Article 83 Production health foods, special medical use formula foods, infant formula foods, and other main and auxiliary foods dedicated to specific people shall establish a production quality management system that is compatible with the food produced in accordance with the requirements of good production specifications.The operation of the system conducts self -inspection to ensure its effective operation and submit a self -inspection report to the food safety supervision and management department of the county -level people’s government.
Chapter 5 Food Inspection
Article 84 Food inspection agencies can only be engaged in food inspection activities after obtaining qualifications in accordance with national certification and recognition.However, except for the law.
The qualification identification conditions and inspection specifications of the food inspection agency shall be stipulated by the Food Safety Supervision and Administration Department of the State Council.
The inspection report issued by the food inspection agencies stipulated in this Law has the same effect.
The people’s governments at or above the county level shall integrate food inspection resources to achieve resource sharing.
Article 85 The food inspection is independently performed by the inspector designated by the food inspection agency.
The inspector shall inspect food in accordance with the relevant laws and regulations, and in accordance with the food safety standards and inspection specifications, respect science, abide by professional ethics, and ensure that the inspection data and conclusions issue are objective and fair.
Article 86 Food inspection and implementation of food inspection agencies and inspectors are responsible.The food inspection report shall be stamped with the official seal of the food inspection agency, and there is a signature or seal of the inspector.Food inspection agencies and inspectors are responsible for the food inspection report issued.
Article 87 The food safety supervision and management department of the people’s government at or above the county level shall conduct regular or irregular sampling inspections on food, and announce the inspection results in accordance with relevant regulations, and shall not be exempted.For sampling inspections, the samples that should be extracted should be purchased, and the food inspection agencies that comply with this Law should be inspected and paid the relevant fees; they must not charge the inspection fee and other expenses from the food production and operators.
Article 88 If the inspection conclusion shall be objected in accordance with the provisions of this Law, the food safety supervision and management department of the food safety supervision and management department of the food safety supervision can be implemented within seven working days from the date of receiving the test conclusion.The application for re -inspection shall be submitted to the food safety supervision and management department of the acceptance of the re -inspection.The re -inspection conclusion issued by the re -inspection agency is the final inspection conclusion.The re -inspection agency and the initial inspection agency shall not be the same agency.The list of re -inspection agencies is jointly announced by the State Council’s certification and recognition of supervision and management, food safety supervision and management, health administration, agricultural administration and other departments.
The use of national regulations to conduct random inspections and detection of edible agricultural products. If the person who is spot -checked has objections to the test results, you can apply for re -examination within four hours from the time of the test results.Re -inspection shall not adopt fast testing methods.
Article 89 Food production enterprises can inspect the foods they produce, or they can also entrust the food inspection agencies complied with this Law for inspection.
If the food industry associations and consumer associations and other organizations and consumers need to entrust food inspection agencies to inspect food, they shall commission the food inspection institutions that comply with this law.
Article Ninety The inspection of food additives applies to the provisions of the food inspection of this law.
Chapter 6 Food Import and Export
Article 91 The state entry and exit inspection and quarantine departments shall supervise and manage imports and export food safety.
Article 92 Imported food, food additives, and food -related products shall meet the national standards of food safety in my country.
Imported food and food additives shall pass the entry -exit inspection and quarantine agencies in accordance with the provisions of the relevant laws and administrative regulations of the import and export commodity inspection.
Imported food and food additives shall follow the requirements of the national entry -exit inspection and quarantine department in accordance with the request of the national entry and exit inspection and quarantine department.
Article 93 Foods without national standards of food safety are based on foreign exporters, overseas manufacturers, or importers entrusted to the State Council’s relevant countries (regions) standards or international standards to implement the health administrative department of the State Council.The health administrative department of the State Council reviews the relevant standards and believes that if it meets food safety requirements, it will be temporarily applied and formulate corresponding national standards for food safety in a timely manner.The new varieties of food or imported food additives and new food -related products produced by importing and using new food raw materials shall be handled in accordance with the provisions of Article 37 of this Law.
In accordance with the requirements of the State Council’s health administrative department, the entry and exit inspection and quarantine agencies inspect the food, food additives, and food -related products stipulated in the preceding paragraph.The test results should be made public.
Article 94 Overseas exporters and overseas manufacturers should ensure that food, food additives, food -related products exported to my country meet the laws and requirements of other relevant laws and administrative regulations and national standards for food safety. Essence
Importers shall establish a system for the review system of overseas exporters and overseas manufacturers to focus on reviewing the content specified in the preceding paragraph; those who fail to pass the review shall not be imported.
It is found that imported food does not meet the national standards of food safety in my country or has evidence to prove that it may endanger human health. The importers should immediately stop importing and recall in accordance with the provisions of Article 63 of the Law.
Article 95 Food safety incidents occurred overseas may have an impact on my country, or if severe food safety issues are found in imported food, food additives, and food -related products, the state entry and exit inspection and quarantine department shall take risk early warning or control measures in a timely manner, and to the State Council to the State Council Food safety supervision and management, health administration, and agricultural administrative department.The departments receiving the notification shall take corresponding measures in a timely manner.
The food safety supervision and management department of the people’s government at or above the county level shall supervise and manage the implementation of imported food and food additives sold in the domestic market.If there is a serious food safety problem, the Food Safety Supervision and Administration Department of the State Council shall promptly inform the state entry and exit inspection and quarantine department.The state immigration inspection and quarantine department shall take corresponding measures in a timely manner.
Article 96 Exporters or agents or importers who export foods in my country shall be filed with the national entry -exit inspection and quarantine department.Overseas food manufacturers exporting foods in my country shall be registered with the national entry -exit inspection and quarantine department.If a registered overseas food manufacturer provides false materials, or if it causes a major food safety accident due to its own reasons, the state entry and exit inspection and quarantine department shall withdraw the registration and announce it.
The national entry and exit inspection and quarantine department shall regularly announce the list of overseas exporters, agents, importers and overseas food manufacturers who have recorded.
Article 97 Imported pre -packaged foods and food additives should have Chinese labels; if there should be a manual according to law, there should be a Chinese instructions.The label and instructions shall meet the requirements of this law and other relevant laws and administrative regulations in my country and the requirements of national standards for food safety, and stipulate that the origin of food and the name, address, and contact information of domestic agents.If the pre -packaged food does not have Chinese labels, Chinese manuals or labels, and instructions, it shall not be imported.
Article 98 Importers should establish a system of food, food additive imports and sales records, and truthfully record the names, specifications, quantities, production date, production or import batch number of food and food additives, Dating date and other contents, and save relevant vouchers.Records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this law.
Article 99 Export food manufacturers should ensure that their export food meets the standards or contract requirements of importing countries (regions).
Export food production enterprises and export food raw materials planting and farms shall be filed with the national entry -exit inspection and quarantine departments.
One hundred The state entry and exit inspection and quarantine department shall collect and summarize the following import and export food safety information, and inform relevant departments, institutions and enterprises in a timely manner:
(1) Entry -exit inspection and quarantine agencies to implement food safety information discovered by import and export food for inspection and quarantine;
(2) Imported food safety information reflected by organizations and consumers such as the Food Industry Association and Consumers Association;
(3) Risk early warning information issued by international organizations, foreign government agencies, and other food safety information, as well as food safety information reflected by organizations and consumers such as overseas food industry associations;
(4) Other food safety information.
The state entry and exit inspection and quarantine department shall implement credit management, establish credit records, establish credit records, and announce them according to law.Importers, exporters and export food manufacturers with bad records should strengthen the inspection and quarantine of their import and export food.
1001 The state entry and exit inspection and quarantine department can evaluate and review the food safety management system and food safety status of foods exported to food in my country, and determine the corresponding inspection and quarantine requirements according to the results of the evaluation and review results.
Chapter VII Food Safety Accident Response
Article 1002 The State Council organized a national food safety accident emergency plan.
Local people’s governments at or above the county level shall formulate emergency plans for food safety accidents in their own administrative regions in accordance with the provisions of relevant laws and regulations and the actual situation of the food safety accidents and the actual situation of the administrative area.Record.
The emergency plan of food safety accidents shall regulate the grades of food safety accidents, the organizational command system and responsibilities of the accident disposal, prevention and early warning mechanism, disposal procedures, and emergency guarantee measures.
Food production and operation enterprises shall formulate a food safety accident disposal plan, regularly check the implementation of various food safety prevention measures in the enterprise, and eliminate hidden dangers of accidents in a timely manner.
1003 Units that occur in food safety accidents should take measures immediately to prevent the accident from expanding.Incident units and units receiving patients shall promptly report to the food safety supervision and management of the county -level people’s government and the health administrative department of the county -level people’s government in a timely manner.
The agricultural administration and other departments of the people’s government at or above the county level found that the food safety accidents or received a report from the accident in daily supervision and management shall immediately report to the food safety supervision and management department of the same level.
If a food safety accident occurs, the food safety supervision and management department of the county -level people’s government shall report to the food safety supervision and management department of the people’s governments and the people’s governments at the higher level in accordance with the provisions of the emergency plan.The food safety supervision and management department of the county -level people’s government and higher -level people’s governments shall be reported in accordance with the regulations of the emergency plan.
No unit or individual may conceal, report or report the food safety accidents, and may not hide, forge, or destroy relevant evidence.
1004 If a medical institution finds that the patients they receive are patients with food -based diseases or suspected patients, they shall report relevant information to the health administrative department of the local people’s government in a timely manner in accordance with regulations.If the health administrative department of the county -level people’s government believes that it is related to food safety, the food safety supervision and management department of the same level shall be notified in a timely manner.
The health administrative department of the people’s government at or above the county level found information related to food safety in the investigation and treatment of infectious diseases or other emergencies, and the food safety supervision and management department of the same level should be notified in a timely manner.
1005 After receiving a report from the food safety accidents of the people’s government at or above the county level, they should immediately conduct investigation and treatment with the health administration, agricultural administration and other departments of the same level, and take the following measures to prevent or reduce social harm:
(1) Carry out emergency rescue work and organize the treatment of persons who have caused personal injury due to food safety accidents;
(2) Foods and raw materials that can cause food safety accidents may be performed immediately; and for confirmation of contaminated foods and their raw materials, they are ordered to recall or stop operating in accordance with the provisions of Article 63 of this Law.Items
(3) Sealing contaminated food -related products, and ordering and disinfection;
(4) Do a good job in the release of information, publish food safety accidents and their treatment in accordance with the law, and explain and explain the hazards that may be generated.
If a food safety accident needs to start an emergency plan, the people’s governments at or above the county level shall immediately set up an accident disposal command agency to start emergency plans and deal with the provisions of the previous paragraphs and emergency plans.
In the event of a food safety accident, the prevention and control institutions at or above the county level shall carry out hygienic treatment of the accident site, and conduct an epidemic survey of factors related to the accident. The relevant departments shall assist.Prevention and control institutions at or above the county level shall submit an epidemiological survey report to food safety supervision and management and health administrative departments at the same level.
1006 In the event of a food safety accident, the food safety supervision and management department of the people’s government at or above the municipal level should immediately conduct an accident responsibility investigation with the relevant departments, urge relevant departments to perform their duties, and to the food safety supervision and management departments of the people’s government at the people at the same level and the people’s governments at the higher levelA report on investigation and handling of accident responsibility.
The major food safety accidents involving two or more provinces, autonomous regions, and municipalities shall be investigated by the State Council’s Food Safety Supervision and Administration Department in accordance with the provisions of the previous paragraphs.
1007 To investigate food safety accidents, we should adhere to the principles of seeking truth from facts and respecting science, timely and accurately to find out the nature and causes of the accident, identify the responsibility of the accident, and propose rectification measures.
In addition to investigating the food safety accidents, in addition to identifying the responsibilities of the accident unit, the responsibility of the supervision and management departments, food inspection agencies, certification agencies and their staff should be found.
1008 The food safety accident investigation department has the right to understand the situation related to the accident from relevant units and individuals, and requires relevant information and samples.Relevant units and individuals shall cooperate and provide relevant information and samples as required.
Any unit or individual shall not obstruct or interfere with the investigation of food safety accidents.
Chapter 8 Supervision and Management
1009 The food safety supervision and management departments of the people’s government at or above the county level determine the key, methods and frequency of supervision and management based on food safety risk monitoring, risk assessment results and food safety conditions, and implement risk grading management.
Local people’s governments at or above the county level organize food safety supervision and management, agricultural administration and other departments to formulate food safety supervision and management plans in their own administrative regions, and announce and organize implementation to the society.
The food safety annual supervision and management plan shall take the following matters as the focus of supervision and management:
(1) The main food for infants and young children and other specific groups;
(2) Added behavior in the production of health food and organizational production in accordance with the technical requirements of registration or filing, the label, instructions and publicity materials of health foods;
(3) Food production and operators with higher risk of food safety accidents;
(4) The results of food safety risk monitoring show that there may be possibilities for food safety hazards.
Article 100 The food safety supervision and management department of the people’s government at or above the county level fulfills the duties of food safety supervision and management, and has the right to take the following measures to supervise and inspect the production and operators comply with the situation of this law:
(1) Enter the site inspection of the production and operation venues;
(2) Sample inspection of food, food additives, and food -related products for production and operation;
(3) Check and copy relevant information about contracts, bills, books, and other relevant information;
(4) Seeing and seizure evidence proves that it does not meet food safety standards or has evidence to prove that there are hidden safety hazards and foods, food additives, and food -related products for illegal production and operation;
(5) Check out the place where illegal production and operation activities are engaged in production and operation activities.
Article 111 The results of food safety risk assessment prove that food safety hazards are required and the food safety standards need to be formulated and revised. Before formulating and revising food safety standards, the health administrative department of the State Council shall promptly, with the relevant departments of the State Council stipulated in the temporary limited ends and of the harmful substances in foods.Temporary inspection methods are the basis for production, operation and supervision and management.
Article 112 The food safety supervision and management department of the people’s governments at or above the county level can use the national regulation of fast testing methods in food safety supervision and management.
Foods that may not comply with food safety standards for random inspection tests shall be inspected in accordance with the provisions of Article 87 of this Law.If the results of the spot check and test determine that the food is not complied with food safety standards, it can be used as a basis for administrative penalties.
Article 113 The food safety supervision and management department of the people’s government at or above the county level shall establish food safety credit files for food production and operators, record the issuance of permits, daily supervision and inspection results, and investigation and punishment of illegal acts.Food and operators increase the frequency of supervision and inspection. For food production and operators with serious violations of laws, they can notify investment authorities, securities supervision and management institutions and relevant financial institutions.
Article 114 In the process of food production and operation, there are hidden dangers of food safety. If the measures are not taken in time, the food safety supervision and management department of the people’s government at or above the county level may interview the legal representative or main person in charge of food production operators.Food production and operators should immediately take measures to rectify and eliminate hidden dangers.Responsibility interviews and rectification should be included in food safety and credit files for food production and operators.
Article 115 Food safety supervision and management departments of the people’s governments at or above the county level shall announce the email address or telephone number of their departments, and accept consultation, complaints, and reports.After receiving consultation, complaints, and reports, those who belong to the duties of the headquarters shall be accepted and answered, verified, and handled in time within the statutory period; for those who do not belong to the duties of the headquarters, they shall be transferred to departments with the right to deal with, Reporter.The authorities with the right to deal with shall be handled in a timely manner within the statutory period and shall not be pushed.Report the reporter for verification.
Relevant departments shall keep confidential information on the information of the reporter and protect the legitimate rights and interests of the reporter.If the reporter reports the company where the company is located, the company shall not be able to relieve or change the labor contract or other methods to retaliate against the reporter.
Article 116 Food safety supervision and management departments of the people’s governments at or above the county level shall strengthen the training of food safety laws, regulations, standards, and professional knowledge and law enforcement capabilities of law enforcement personnel, and organize assessment.Those who do not have corresponding knowledge and ability shall not engage in food safety law enforcement.
Food production operators, food industry associations, consumer associations, etc. found that food safety law enforcement officers have violated laws and regulations and irregular law enforcement behaviors in the processDepartment or supervisory agencies complained and reported.The departments or agencies that receive complaints and reports shall verify and report it to the department where the food safety law enforcement personnel are located; if they are suspected of violations of laws and discipline, they shall be dealt with in accordance with this law and relevant regulations.
Article 117 Food safety supervision and management departments at or above the county level have not discovered the systemic risk of food safety in time and did not eliminate the hidden dangers of food safety in the supervision and management area in a timely manner, and the people’s governments at the class may interview their main responsible persons.
If the local people’s government fails to fulfill the duties of food safety and fails to eliminate the hidden dangers of major regional food safety in time, the higher -level people’s government may interview their main responsible persons.
The interviewed food safety supervision and management departments and local people’s governments shall immediately take measures to rectify food safety supervision and management.
Responsibility interviews and rectification should be included in the evaluation and evaluation records of food safety supervision and management of local people’s governments and relevant departments.
Article 118 The state establishes a unified food safety information platform and implements a unified publishing system for food safety information.The overall situation of national food safety, food safety risk warning information, major food safety accidents and investigation processing information, and other information that the State Council is determined by the State Council is uniformly announced by the State Council’s food safety supervision and management department.If the impact of food safety risk warning information and major food safety accidents and their investigation processing information is limited to specific areas, the food safety supervision and management departments of the people’s government of the relevant provinces, autonomous regions, and municipalities may be announced.The above information shall not be released without authorization.
Food safety supervision and management of the people’s governments at or above the county level, and the agricultural administrative department announced the daily supervision and management information of food safety in accordance with their respective responsibilities.
The publication of food safety information should be accurate, timely, and necessary explanations to avoid misleading consumers and public opinion.
Article 119 Food safety supervision and management, health administration, and agricultural administrative departments at the county level at or above the county level are informed of the information that requires uniformly published the provisions of this Law. They should report to the superior authorities and shall immediately report the food safety supervision and management department of the State Council shall be reported to the higher authority.You can directly report to the Food Safety Supervision and Administration Department of the State Council.
Food safety supervision and management, health administration, and agricultural administrative departments at the people’s governments at or above the county level shall notify the food safety information learned from each other.
Article 120 No unit or individual may be fabricated or distributed false food safety information.
The food safety supervision and management department of the people’s government at or above the county level found that food safety information that might mislead consumers and public opinion should immediately organize relevant departments, professional institutions, related food production and operators, etc. to verify and analyze, and announce the results in a timely manner.
Article 121 Food safety supervision and management departments of the people’s governments at or above the county level find that suspected food safety crimes shall be transferred to the public security organs in a timely manner in accordance with relevant regulations.The public security organs shall be reviewed in a timely manner for the transfer of the transfer; if a criminal facts need to be investigated for criminal responsibility, they shall be filed for investigation.
During the investigation of food safety criminal cases, the public security organs believed that there was no criminal facts, or the facts of the crime were significantly mild. If there was no need to investigate criminal responsibility, but if the administrative responsibility shall be held in accordance with the law, the case shall be transferred to the food safety supervision and management authorities and the supervision authorities in a timely manner.Relevant departments shall deal with it in accordance with the law.
If the public security organs invite food safety supervision and management, ecological environment and other departments to provide inspection conclusions, identification opinions, and assistance to the items involved in the case, the relevant departments shall provide timely assistance to assist.
Chapter 9 Legal Responsibility
Article 122 In violation of the provisions of this Law, those who have not obtained food production and operation permits are engaged in food production and operation activities, or those who have not obtained food additive production permits are engaged in food additive production activities, shall be confiscated by the food safety supervision and management department of the people’s government at or above the county levelFood, food additives, and tools, equipment, raw materials and other items used for illegal production and operation; if the value of food and food additives that illegal production and operation and operation, the value of less than 10,000 yuan, and a fine of more than 100,000 yuan or less;If the amount is more than 10,000 yuan, it will be fined more than ten times the amount of the goods.
Knowing that illegal acts stipulated in the preceding paragraph still provide them with production and operation venues or other conditions, the food safety supervision and management department of the people’s government at or above the county level or order illegal acts, confiscate illegal income, and at 50,000 yuan and 100,000 yuan.The following fines; if the legitimate rights and interests of consumers are damaged, they shall bear joint responsibility with the production and operators of food and food additives.
Article 123 In violation of the provisions of this Law, one of the following circumstances, if it does not constitute a crime, the food safety supervision and management department of the people’s government at or above the county level confiscates illegal income and illegal production and operation, and may not collect tools and equipment used for illegal production and operation., Raw materials and other items; those illegal production and operation and operation of food value of less than 10,000 yuan, and imposed a fine of 100,000 yuan or less; if the value of the value of the goods is 10,000 yuan, the value of the goods is more than fifteen times or moreThe fines of less than thirty times; if the circumstances are serious, the license is revoked, and the public security organs can be detained by the public security organs directly responsible for the person in charge and other directly responsible persons.
(1) Use non -food ingredients to produce foods, add chemicals other than food additives to food, and other substances that may endanger human health, or use recycled foods as raw materials, or operate the above foods;
(2) The production and operation of nutrients does not meet the food safety standards for the main and auxiliary foods of infants and children and other specific groups;
(3) Poultry, animals, beasts, aquatic animal meats with unknown death, poisoning, or unknown causes, or production and operation of their products;
(4) Study of meat that fails to conduct quarantine or quarantine in accordance with regulations, or produce and operate meat products that have not been inspected or inspected in unqualified;
(5) Foods that are prohibited from production and operations in order to prevent disease prevention in production and operations;
(6) Foods that add medicines for production and operation.
Knowing that illegal acts stipulated in the preceding paragraph still provide them with production and operation venues or other conditions, the food safety supervision and management department of the people’s government at or above the county level or order illegal acts, confiscate illegal income, and be 100,000 yuan and more than 200,000If a fine below the yuan; if the legitimate rights and interests of consumers are damaged, they shall bear joint responsibility with food production and operators.
Those who use highly toxic and highly toxic pesticides in illegal law shall be detained in accordance with relevant laws and regulations, and the public security organs may be detained in accordance with the provisions of the first paragraph.
Article 124 In violation of the provisions of this Law, one of the following circumstances, if it does not constitute a crime, the food safety supervision and management department of the people’s governments at or above the county level confiscates illegal income and food additives that illegally produces and operates illegal production and operation.Tools, equipment, raw materials and other items; those illegal production and operations of food and food additives are less than 10,000 yuan, and they are fined 50,000 yuan to 100,000 yuan.The amount of more than ten times or less than twice; if the circumstances are serious, the license is revoked:
(1) Portable microorganisms of production and operation, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants, as well as other substances that endanger human health than food safety standards for food safety standards; food additives;
(2) Use food raw materials, food additives to produce food, food additives, or operate the above food and food additives;
(3) Foods that use food additives in the production and operation of over -range and over -limits;
(4) Foods and food additives that produce and operate corruption, fatty acids, moldy insects, dirty and unclean, mixed with foreign bodies, adulterated or mixed or sensitive traits;
(5) Production and operation marked the fake production date, shelf life or food additives that exceed the shelf life;
(6) The production and operation of health food, special medical use formula food, infant formula milk powder, or technical requirements for registered product formulas, production technology and other technical requirements for production and operations are not organized;
(7) Production of infant formula milk powder in a packing method, or the same formula to produce infant formula milk powder of different brands in the same formula;
(8) Use new food raw materials to produce foods, or produce new varieties of food additives, and fail to pass safety assessment;
(9) Food production and operators still refuse to recall or stop operation after the food safety supervision and management department ordered them to recall or stop operation.
Except for the situation stipulated in Article 123 and 125 of this law, if the production and operation does not comply with food, regulations or food safety standards, the production and operation shall be given a punishment in accordance with the provisions of the previous paragraphsEssence
For new varieties of food -related products, those who fail to pass safety assessment or produce food -related products that do not meet food safety standards shall be punished by the food safety supervision and management department of the people’s government at or above the county level in accordance with the provisions of the first paragraph.
Article 125 In violation of the provisions of this Law, one of the following circumstances, the food safety supervision and management department of the people’s government at or above the county level confiscates illegal income and food additives that illegally produces and operates illegal production and operation.Elementary items; those who have illegal production and operation and operating food and food additives are less than 10,000 yuan, and they are fined 5,000 yuan to 50,000 yuan; the amount of goods value is 10,000 yuan, and the value of the goods is more than five times the amount of the value of more than ten or more.If the fines are under double the case; if the circumstances are serious, the production is ordered to suspend the business until the license is revoked:
(1) Production and operation of food and food additives contaminated by packaging materials, containers, transportation tools, etc.
(2) Pre -packaged food, food additives or labels, and instructions that are not labeled in production and operation do not meet the food and food additives stipulated in this Law;
(3) Production and operation GM foods are not marked as required;
(4) Purchasing or using food raw materials, food additives, and food -related products that do not meet food safety standards.
The labels and manuals of food and food additives produced and operated are defective but do not affect food safety and do not mislead consumers.Fine below yuan.
Article 126 In violation of the provisions of this Law, if there is one of the following circumstances, the food safety supervision and management department of the people’s government at or above the county level shall be ordered to make corrections and give warnings; if they refuse to make correctionsDiscontinue production and business until the license is revoked:
(1) Food and food additive producers did not test the purchased food raw materials and food and food additives produced by the purchased food;
(2) Food production and operation enterprises have not established a food safety management system in accordance with regulations, or failed to be equipped or training or assess food safety management personnel in accordance with regulations;
(3) Food and food additive production operators did not check the license and relevant certification documents when they purchased the goods, or failed to establish and comply with the purchase inspection records, factory inspection records and sales records in accordance with regulations;
(4) Food production and operation enterprises do not formulate a food safety accident disposal plan;
(5) The containers of tableware, drinks, and placing directly imported foods are unqualified before use, disinfection, or cleaning and disinfection, or catering service facilities and equipment have not been regularly maintained, cleaned, and checked in accordance with regulations;
(6) Food production operators arrange for those who have not obtained a health certificate or have stipulated by the health administrative department of the State Council.
(7) Food operators did not sell foods in accordance with regulations;
(8) Health food manufacturers have not recorded the filing of the food safety supervision and management department in accordance with regulations, or the production of product formulas and production processes that have not been recorded in accordance with regulations;
(9) Infant formula food manufacturers have not filed food raw materials, food additives, product formulas, labels, etc. from the food safety supervision and management department;
(10) Special food manufacturers have not established a production quality management system in accordance with regulations and effectively operate, or submit a self -inspection report without regularly;
(11) Food production and operators have not regularly checked food safety status, or the production and operation conditions have changed, and they are not treated as regulations;
(12) Concentrated dining units such as schools, childcare institutions, pension institutions, and construction sites have not fulfilled the responsibility of food safety management in accordance with regulations;
(13) Food manufacturers and catering service providers have not formulated and implemented the control requirements of the production and operation process in accordance with regulations.
The centralized disinfection service units of tableware and beverages violated the use of water, using detergents, disinfection agents, or factory tableware or drinks that were not checked in accordance with regulations, or qualified with disinfection, or failed to mark related related packaging in accordance with regulations.The content of the content shall be punished by the health administrative department of the people’s government at or above the county level in accordance with the provisions of the previous paragraphs.
If food -related product producers do not test food -related products in accordance with regulations, the food safety supervision and management department of the people’s government at or above the county level shall be punished in accordance with the provisions of the first paragraph.
If the sellers of edible agricultural products violate Article 65 of the Law, the food safety supervision and management department of the people’s government at or above the county level shall be punished in accordance with the provisions of the first paragraph.
Article 127 The punishment for illegal acts of food production and processing workshops, food vendors, etc., shall be implemented in accordance with the specific management measures formulated by the province, autonomous region, and municipalities.
Article 128 In violation of the provisions of this Law, if the accident unit fails to deal with or report the food safety accident, the relevant authorities shall be corrected in accordance with their respective responsibilities and give warnings;, And imposed a fine of less than 500,000 yuan or less; if it causes serious consequences, the license is revoked.
Article 129 In violation of the provisions of this Law, if there is one of the following circumstances, the entry -exit inspection and quarantine agency shall be punished in accordance with the provisions of Article 124 of the Law:
(1) Provide false materials, imported foods, food additives, and food -related products that do not meet the national standards of food safety in my country;
(2) Foods without national standards of food safety, the standards that have not been submitted to the underworld and are reviewed by the State Council’s health administrative department, or imported new varieties of food additives and food -related products produced by imported food raw materials.No security assessment;
(3) Foods that have not complied with the provisions of this Law;
(4) Importers still refuse to recall after the relevant competent authorities order them to recall imported foods in accordance with the provisions of this Law.
In violation of the provisions of this Law, if an importer has not established and abides by food, food additive imports and sales records, overseas exporters or production enterprises reviewing systems, the entry -exit inspection and quarantine agencies shall be given in accordance with the provisions of Article 126 of this Law.Punishment.
Article 130 In violation of the provisions of this Law, the organizers of the concentrated trading market, the counter leaser, and the organizers of the exhibition session allow the food operators who have not obtained the license in accordance with the law to enter the market to sell food, or fail to perform the obligations such as inspections and reports, and the people of the people at or above the county levelThe government’s food safety supervision and management department ordered to make corrections, confiscated illegal income, and imposed a fine of 50,000 yuan and more than 200,000 yuan; if serious consequences, they were ordered to suspend business until they were revoked by the original certificate department.If it is damaged, it shall bear joint responsibility with the food operator.
If the edible agricultural wholesale market violates the provisions of Article 64 of this Law, it shall bear responsibility in accordance with the provisions of the previous paragraph.
Article 131 In violation of the provisions of this Law, the provider of the third -party platform of online food trading does not conduct real -name registration, review permits on the online food operators, or fails to perform the reports and stop providing online trading platform services.The supervision and management department ordered to make corrections, confiscated illegal income, and imposed a fine of more than 50,000 yuan to more than 200,000 yuan; if serious consequences were caused, they were ordered to suspend business until the original certificate department was revoked, Should assume joint responsibility with food operators.
If consumers purchase food through a third -party platform of online food trading, their legitimate rights and interests are damaged, and they can ask for compensation from the food operator or food producer of the network.If the provider of the third -party platform of online food trading cannot provide the real name, address and effective contact information of the food operator of the network, it will be compensated by the provider of the third -party platform of the online food transaction.After compensation for the third -party platform provider of online food trading, it has the right to recover from the food operator or food producer of the network.Third -party platform providers of online food transactions are more conducive to consumer commitments, and their commitments should be fulfilled.
Article 132 In violation of the provisions of this Law, if the food storage, transportation, and loading and unloading cannot be carried out as required, the food safety supervision and management departments of the people’s governments at or above the county level shall be ordered to make corrections in accordance with their respective responsibilities.Fined fines of 10,000 yuan or less; if the circumstances are serious, the license is revoked.
Article 133 In violation of the provisions of this Law, if the relevant departments, institutions, and staff of relevant departments, institutions, and their staff will carry out food safety supervision and inspection, accident investigation, risk monitoring, and risk assessment in accordance with the law, the relevant competent authorities will be suspended from production in accordance with their respective responsibilities, and they will be suspended and suspended, and they will be discontinued, and they will be discontinued and shall be held.For more than 50,000 yuan and less than 50,000 yuan; if the circumstances are serious, the permit is revoked; if it constitutes a violation of public security management, the public security organs shall be punished by public security management according to law.
In violation of the provisions of this Law, if the reporter cracks out retaliation with the labor contract or other methods, it shall bear responsibility in accordance with the relevant laws.
Article 134 Food producers and operators have accumulated three times in one year due to violations of the provisions of this Law and were ordered to discontinue production and suspension of business and revoking licenses, and the food safety supervision and management department ordered the suspension of production and suspension until the license was revoked.
Article 135 Food producers and operators who have been revoked permits, their legal representatives, the person in charge of the direct responsibility, and other direct responsible persons shall not apply for food production and operation permits within five years from the date of making the decision to make, or engage in food production and management management, serve asFood production and operation enterprise food safety management personnel.
Those who have been sentenced to more than prison for food safety crimes shall not be engaged in food production and management management, nor can they be engaged in food safety management personnel for food production and operation for life.
If the employees of food manufacturers employer violate the first two provisions, the food safety supervision and management department of the people’s government at or above the county level is revoked.
Article 136 Food operators have fulfilled the obligations such as the purchase inspection stipulated in this Law. They have sufficient evidence to prove that they do not know that the purchased food does not meet the food safety standards and can truthfully illustrate its purchase source.Foods that do not meet food safety standards; those who cause personal, property or other damage shall be liable for compensation according to law.
Article 137 In violation of the provisions of these Laws, technical institutions and technical personnel who undertake food safety risk monitoring and risk assessment provides false monitoring and evaluation information, and the supervisors and technicians directly responsible for technical institutions shall be dismissed and fired;The competent authorities who have granted their qualifications revoke the practice certificate.
Article 138 In violation of the provisions of this Law, if the food inspection agencies and food inspectors issue false inspection reports, the competent authorities or institutions that grant their qualifications shall withdraw the qualifications of the food inspection institution, confiscate the inspection costs charged, and be more than five times the inspection costs.If a fine of less than ten times, the inspection cost is less than 10,000 yuan, and a fine of 50,000 yuan is 100,000 yuan.In the accident, the directors and food inspectors who are directly responsible will be fired.
In violation of the provisions of this Law, personnel who have been expelled for food inspection institutions shall not engage in food inspection work within ten years from the date of decision to make decisions; major food safety accidents have occurred due to criminal punishment due to food safety violations or due to false inspection reports.Food inspection institutions who are fired are not allowed to engage in food inspection work for life.Anyone who hires the food inspection agency shall not engage in food inspection work shall withdraw their qualifications or institutions to revoke the inspection qualifications of the food inspection agency.
If the food inspection agency issues a false inspection report to damage the legitimate rights and interests of consumers, it shall bear joint responsibility with the food production and operators.
Article 139 In violation of the provisions of this Law, the certification agency issues a false certification conclusion that the certification and recognition supervision and management department confiscates the certification fee received, and a fine of less than ten times the certification fee is less than 10,000 yuan.The above fines of less than 100,000 yuan; if the circumstances are serious, they are ordered to suspend business until they revoke the approved documents of the certification agency and announce it to the society; they will revoke their practice qualifications for direct responsible personnel and certified personnel who have direct responsibilities.
If the certification agency issues a false certification conclusion to damage the legitimate rights and interests of consumers, it shall bear joint responsibility with food production and operators.
Article 140 In violation of the provisions of this Law, in the advertisement, fake publicity, deceive consumers, or publish health food advertisements that have not obtained approval documents, advertising content and approval documents, shall be punished in accordance with the provisions of the “Advertising Law of the People’s Republic of China”.
If the advertising operator and publisher design, produce, and release false food advertisements and damage the legitimate rights and interests of consumers, they shall bear joint responsibility with food manufacturers.
Social groups or other organizations, individuals, and individuals recommend food to consumers in false advertisements or other false propaganda to damage the legitimate rights and interests of consumers, shall bear joint responsibility with food production and operators.
In violation of the provisions of this Law, food safety supervision and management and other departments, food inspection agencies, and food industry associations recommend food to consumers in advertisements or other forms. Consumer organizations recommend foods to consumers in a way to collect fees or other benefits.Relevant competent departments confiscated illegal income, and given a large number of overhauls, relegation or dismissal to the direct responsible persons and other directly responsible persons in accordance with the law; if the circumstances are serious, they will be expelled.
If the food is falsely propagated and the circumstances are serious, the food safety supervision and management department of the people’s government at or above the provincial level decides to suspend the sale of the food and announce it to the society; if the food is still sold, the food safety supervision and management department of the people’s government at or above the county level is confiscatedIllegal income and food sold illegal sales will be fined 20,000 yuan and 50,000 yuan.
Article 141 In violation of the provisions of this Law, fabrication and distribution of false food safety information, which constitutes a violation of public security management, shall be punished by public security organs in accordance with the law.
If the media fabricate and distributes false food safety information, the relevant authorities shall be punished according to law, and shall be punished by the person in charge and other directly responsible persons; if the legitimate rights and interests of citizens, legal persons or other organizations will be damagedCivil liability such as influence, restoration of reputation, compensation loss, and apology.
Article 142 In violation of the provisions of this Law, if the local people’s governments at or above the county level have one of the following actions, they will be punished by the person in charge and other direct responsible persons; if the circumstances are relatively heavy, a downgrade or dismissal shall be given.For fired sanctions; if serious consequences, the main person in charge should also resign:
(1) For food safety accidents that occur in this administrative area, they fail to organize and coordinate relevant departments to carry out effective disposal in time, causing adverse effects or losses;
(2) For regional food safety issues involving multiple links in this administrative area, fail to organize rectification in time, causing adverse effects or losses;
(3) Concealing, lying reports, and reporting food safety accidents;
(4) Special major food safety accidents occur in this administrative area, or major food safety accidents occur continuously.
Article 143 In violation of the provisions of this Law, if the local people’s governments at or above the county level have one of the following actions, they give warning, remembers or remembers to be punished for direct responsible persons and other direct responsible persons;
(1) The duties of food safety supervision and management of relevant departments are not determined, and the work mechanism and information sharing mechanism are not established and improved by the entire food safety supervision and management mechanism.
(2) The emergency plan for food safety accidents in the administrative area is not formulated, or the accident disposal command agency and emergency plan were initiated immediately after the food safety accident.
Article 144 In violation of the provisions of this Law, if there is one of the following actions such as food safety supervision and management, health administration, agricultural administration and other departments at the people’s government at or above the county level, they will be punished by the person in charge and other directly responsible persons;, Give a downgrade or dismissal; if the circumstances are serious, a fired sanction is given; if it causes serious consequences, the main person in charge should also resign:
(1) Concealing, lying reports, and reporting food safety accidents;
(2) Failure to investigate and deal with food safety accidents in accordance with regulations, or fail to deal with food safety accident reports in time, causing the accident to expand or spread;
(3) After the food safety risk assessment, the unsafe conclusions of food, food additives, and food -related products are not taken in time, and corresponding measures are not taken in time to cause food safety accidents or adverse social impacts;
(4) Permit for applicants who do not meet the requirements, or beyond the legal authority permit;
(5) Do not perform the duties of food safety supervision and management, leading to food safety accidents.
Article 145 In violation of the provisions of this Law, food safety supervision and management, health administration, agricultural administration and other departments at the people’s governments at or above the county level have one of the following actions, causing adverse consequences, to warn, record or remember the directors and other direct responsible personnel.If you are overweight; if the circumstances are heavier, you will be relegated or dismissed; if the circumstances are serious, the fired punishment is given:
(1) After learning about food safety information, fail to report to the superior authorities and the people’s governments at the same level in accordance with regulations, or not to notify each other in accordance with regulations;
(2) Food safety information is not published in accordance with regulations;
(3) Do not fulfill the legal duties, do not cooperate with the investigation and punishment of food safety violations, or abuse their powers, neglect their duties, and have the fraud.
Article 146 In the process of fulfilling the duties of food safety supervision and management, food safety supervision and management departments shall implement law enforcement measures such as inspection and mandatory inspections and compulsory laws to cause losses to production operators.Give punishment.
Article 147 In violation of the provisions of this Law and cause personal, property or other damage, it shall bear the liability for compensation in accordance with the law.When the property of the manufacturer is not sufficient to bear the liability for civil compensation at the same time, and pay the fine or fine, the civil compensation liability is first assumed.
Article 148 If consumers are damaged because foods that do not meet food safety standards, they can request compensation for the operators, or they can also ask producers to compensate for losses.The manufacturer who receives consumer compensation shall implement the first responsible system, pay first, and shall not be pushed; if it belongs to the producer responsibility, the operator has the right to recover from the producer after compensation; if it belongs to the operator’s responsibility, the producer compensation compensationLater, he has the right to recover from the operator.
The production of foods that do not meet the food safety standards or the operation knows that it is a food that does not meet the food safety standards. In addition to requiring compensation for losses, consumers can also ask producers or operators.The amount of compensation is less than 1,000 yuan, which is 1,000 yuan.However, the labels and manuals of food have flaws that do not affect food safety and do not mislead consumers.
Article 149 In violation of the provisions of this Law and constitutes a crime, criminal responsibility is investigated in accordance with the law.
Chapter 10
Article 100 The meaning of the following words in this law:
Food refers to the finished products and raw materials for various people to eat or drink, as well as items that are both foods and Chinese medicinal materials according to tradition, but excluding items for the purpose of treatment.
Food safety refers to the non -toxic and harmless food, which meets the nutritional requirements that should have, and does not cause any acute, subacute or chronic harm to human health.
Pre -packaged food refers to foods that are quantitatively packaged or made in packaging materials and containers.
Food additives refer to artificial synthesis or natural substances in food in order to improve food quality and color, aroma, taste, and the needs of anticorrosive, preserving and processing technology, including nutritional reinforcements.
Packaged materials and containers used for food refer to paper, bamboo, wood, metal, metal, enamel, ceramics, plastic, rubber, natural fiber, chemical fiber, glass and other products for packaging, blooming food or food additivesCoating of food additives.
The tools and equipment for food production and operation refer to the machinery, pipelines, teleportation belts, containers, utensils, tableware, etc. of food or food additives during the production, sales, and use of food or food additives.
The detergent and disinfection used for food refer to the substances that are directly used for washing or disinfection of food, tableware, drinking tools, and tools, equipment or food packaging materials and containers that are directly exposed to food.
The shelf life of the food refers to the time limit for food to maintain quality under the storage conditions indicated.
Food -based diseases refer to diseases such as infectious and toxicity caused by the pathogenic factor in food into the human body, including food poisoning.
Food safety accidents refer to accidents that originate from food, food pollution, etc., which are caused by food, which is harmful or harmful to human health.
Article 151 If the food safety management of genetically modified food and salt does not provide regulations, other laws and administrative regulations are applied.
Article 152 The management of food safety in railway and civil aviation operations is formulated by the State Council’s Food Safety Supervision and Administration Department in accordance with the relevant departments of the State Council in accordance with this Law.
The specific management measures for health foods shall be formulated by the Food Safety Supervision and Administration Department of the State Council in accordance with this Law.
The specific management measures for food -related product production activities shall be formulated by the Food Safety Supervision and Administration Department of the State Council in accordance with this Law.
The supervision and management of food at the border port shall be implemented in accordance with the provisions of this law and relevant laws and administrative regulations.
Food safety management measures for special foods and self -care foods are formulated by the Central Military Commission in accordance with this Law.
Article 153 According to actual needs, the State Council can adjust the food safety supervision and management system.