Regulations for the implementation of the food saf

The regulations for the implementation of the food safety law of the people's Republic of China, decree of the State Council of the people's Republic of China No. 557, and the regulations for the implementation of the food safety law of the people's Republic of China, which were adopted at the 73rd executive meeting of the State Council on July 8, 2009, are hereby promulgated and shall enter into force as of the date of promulgation

Premier Wen Jiabao

July 20, 2009

regulations for the implementation of the food safety law of the people's Republic of China

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the food safety law of the people's Republic of China (hereinafter referred to as the food safety law)

Article 2 local people's governments at or above the county level shall perform the duties stipulated in the food safety law; Strengthen the capacity-building of food safety supervision and management to provide guarantee for food safety supervision and management; Establish and improve the coordination mechanism of food safety supervision and management departments, integrate and improve the food safety information network, and realize the sharing of food safety information and technical resources such as food inspection

Article 3 food producers and operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, establish and improve food safety management systems, and take effective management measures to ensure food safety

food producers and operators are responsible for the food safety of their production and operation, the society and the public, and the society

Article 4 the food safety supervision and administration department shall publish food safety information in accordance with the provisions of the food safety law and these regulations to facilitate public consultation, complaints and reporting; Any organization or individual has the right to obtain food safety information from relevant departments

Chapter II food safety risk monitoring and evaluation

Article 5 the national food safety risk monitoring plan stipulated in Article 11 of the food safety law shall be formulated and revised by the health administration department of the State Council in conjunction with the quality supervision, industry and commerce administration, the state food and Drug Administration and the commerce, industry and information technology departments of the State Council in accordance with the food safety risk assessment, food safety standards Food safety supervision and management

Article 6 the health administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall organize the quality supervision, industry and commerce administration, food and drug supervision and administration, commerce, industry and information technology departments at the same level to formulate food safety risk monitoring plans for their respective administrative regions in accordance with the provisions of Article 11 of the food safety law, and submit them to the health administration department of the State Council for the record

the administrative department of health under the State Council shall notify the quality supervision, Administration for Industry and commerce, State Food and drug administration, and commerce, industry and information technology departments of the State Council of the record

Article 7 the health administration department of the State Council, together with relevant departments, shall not only adjust the national food safety risk monitoring plan in accordance with the provisions of Article 12 of the food safety law, but also adjust the national food safety risk monitoring plan according to the relevant disease information reported by medical institutions when necessary

after the national food safety risk monitoring plan is adjusted, the health administrative department of the people's Government of the province, autonomous region and municipality directly under the central government shall make corresponding adjustments to the food safety risk monitoring plan of the administrative region in combination with the specific situation of the administrative region

Article 8 if a medical institution finds that the patients it receives belong to patients with foodborne diseases or food poisoning, or suspected patients with foodborne diseases or food poisoning, it shall timely report the relevant disease information to the administrative department of health of the local people's government at the county level

the health administrative department receiving the report shall summarize and analyze the relevant disease information, report to the people's government at the same level in time, and report to the higher health administrative department at the same time; When necessary, it may directly report to the administrative department of health under the State Council, as well as to the people's government at the same level and the administrative department of health at a higher level

Article 9 food safety risk monitoring shall be undertaken by the technical institutions determined by the administrative department of health of the people's government at or above the provincial level in conjunction with the quality supervision, industry and commerce administration, food and Drug Administration and other departments at the same level

the technical institution undertaking the food safety risk monitoring work shall carry out the monitoring work according to the food safety risk monitoring plan and monitoring plan, ensure the authenticity and accuracy of the monitoring data, and submit the monitoring data and analysis results to the health administration department of the people's government at or above the provincial level and the department assigned the monitoring task in accordance with the requirements of the food safety risk monitoring plan and monitoring plan

food safety risk monitoring staff can collect samples and relevant data, and can enter relevant places for planting and breeding of edible agricultural products, food production, food circulation or catering services. For the collection of samples, the fees shall be paid according to the market price

Article 10 if the results of food safety risk monitoring and analysis show that there may be hidden dangers of food safety, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall timely notify the relevant information to the people's governments at the municipal and county levels divided into districts in their administrative regions and their health administrative departments

Article 11 the administrative department of health under the State Council shall collect and summarize the monitoring data and analysis results of food safety risks, and notify the departments of quality supervision, Administration for Industry and commerce, State Food and Drug Administration and commerce, industry and information technology under the State Council

Article 12 in any of the following circumstances, the health administration department of the State Council shall organize food safety risk assessment:

(1) risk assessment is necessary to provide scientific basis for the formulation or revision of national food safety standards

(2) risk assessment is required to determine the key areas and key varieties of supervision and management

(3) finding new factors that may endanger food safety

(4) it is necessary to judge whether a certain factor constitutes a potential food safety hazard

(V) other situations that the health administration department of the State Council deems necessary for risk assessment

Article 13 the relevant departments of the State Council, such as the agricultural administration, quality supervision, industry and commerce administration and the State Food and drug administration, shall provide the following information and materials to the health administration department of the State Council in accordance with the provisions of Article 15 of the food safety law:

(1) the source and nature of the risk

(II) relevant test data and conclusions

(III) scope of risk

(IV) other relevant information and materials

local agricultural administration, quality supervision, industrial and commercial administration, food and drug supervision and administration and other relevant departments at or above the county level shall assist in collecting the food safety risk assessment information and materials specified in the preceding paragraph

Article 14 the administrative departments of health and agriculture of the people's governments at or above the provincial level shall timely inform each other of the relevant information on food safety risk monitoring and the quality and safety risk monitoring of edible agricultural products

the health administration and agricultural administration departments of the State Council shall timely inform each other of the results of food safety risk assessment and the results of quality and safety risk assessment of edible agricultural products and other relevant information

Chapter III food safety standards

Article 15 the health administration department of the State Council shall formulate the national food safety standard plan and its implementation plan in conjunction with the agricultural administration, quality supervision, industry and commerce administration, the national food and Drug Administration and the commerce, industry and information technology departments of the State Council. Opinions shall be solicited publicly for the formulation of the national food safety standard plan and its implementation plan

Article 16 the health administration department of the State Council shall select units with corresponding technical capabilities to draft national standards for food safety. Research institutions, educational institutions, academic groups, industry associations and other units are encouraged to jointly draft national standards for food safety

the health administration department of the State Council shall publish the draft national standard for food safety to the public for public comments

Article 17 the national food safety standard review committee stipulated in Article 23 of the food safety law shall be organized by the health administration department of the State Council

the national food safety standard review committee is responsible for reviewing the scientificity and practicality of the draft national food safety standard

Article 18 the health administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall notify the agricultural administration, quality supervision, industry and commerce administration, food and drug administration, commerce, industry and information technology departments at the same level of the enterprise standards submitted for filing in accordance with Article 25 of the food safety law

Article 19 the administrative department of health under the State Council and the administrative departments of health under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, together with the departments of agricultural administration, quality supervision, Administration for Industry and commerce, food and drug administration, commerce, industry and informatization at the same level, track and evaluate the implementation of national standards and local standards for food safety respectively, And shall organize the revision of food safety standards in a timely manner according to the evaluation results

the departments of agriculture administration, quality supervision, industry and commerce administration, food and drug administration, commerce, industry and information technology of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall collect and summarize the problems existing in the implementation of food safety standards, and timely notify the administrative department of health at the same level

if food producers and operators and food industry associations find problems in the implementation of food safety standards, they should immediately report to the food safety supervision and administration department

Article 20 to establish a food production enterprise, the name of the enterprise shall be approved in advance, and the industrial and commercial registration shall be handled after obtaining the food production license in accordance with the provisions of the food safety law. Quality supervision and management departments at or above the county level shall review relevant materials, verify production sites and inspect relevant products in accordance with relevant laws and administrative regulations; If the relevant materials and places meet the specified requirements and the relevant products meet the food safety standards or requirements, the decision to grant the license shall be made

other food producers and operators shall apply for industrial and commercial registration after obtaining the corresponding food production license, food circulation license and catering service license according to law. Where laws and regulations have other provisions on small food production and processing workshops and food vendors, such provisions shall prevail

the validity period of food production license, food circulation license and catering service license is 3 years

Article 21 if the production and operation conditions of food producers and operators change and do not meet the requirements of food production and operation, food producers and operators shall immediately take corrective measures; If there is a potential risk of food safety accidents, the food production and operation activities shall be stopped immediately and reported to the local county-level quality supervision, industrial and commercial administration or food and drug supervision and administration departments; If it is necessary to go through the license formalities again, it shall be handled according to law

the quality supervision, industrial and commercial administration and food and drug supervision and administration departments above the county level should strengthen the daily supervision and inspection of the production and business activities of food producers and operators; If it is found that the situation does not meet the requirements of food production and operation, it shall be ordered to correct immediately and be dealt with according to law; If it no longer meets the conditions of the production and operation license, the relevant license shall be revoked according to law

Article 22 food production and operation enterprises shall, in accordance with the provisions of Article 32 of the food safety law, organize their employees to participate in food safety knowledge training, and learn food safety laws, regulations, rules, standards and other food safety knowledge