People's Republic of China Food Safety Law

People's Republic of China Food Safety Law

President of the People's Republic of China

The twenty-first

The Food Safety Law of the People's Republic of China was amended and passed by the 14th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015. Now, the revised Food Safety Law of the People's Republic of China "Announcement, effective October 1, 2015.

Xi Jinping, chairman of the People's Republic of China

April 24, 2015

(Adopted at the Seventh Session of the Standing Committee of the Eleventh National People's Congress on February 28, 2009 as amended at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015)

table of Contents

Chapter I General Provisions

Chapter II Food Safety Risk Monitoring and Evaluation

Chapter III food safety standards

Chapter IV Food Production and Management

Section I General Provisions

Section II production and operation process control

Section III labels, brochures and advertising

Fourth special food

Chapter V Food Inspection

Chapter VI Food Import and Export

Chapter VII Food Safety Accident Disposal

Chapter VIII Supervision and Management

Chapter IX Legal Liability

Chapter X Supplementary Provisions


Chapter I General Provisions

Article 1 This Law is enacted in order to ensure the safety of food and protect the public's health and safety of life.

Article 2 The following activities in the territory of the People's Republic of China shall abide by this Law:

(1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food processing);

(B) the production and operation of food additives;

(3) Production and operation of packaging materials, containers, detergents, disinfectants and tools and equipment used for food production and management (hereinafter referred to as food-related products) for food;

(4) Food producers and traders use food additives and food-related products;

(E) food storage and transportation;

(F) of food, food additives, food-related products, safety management.

The quality and safety management of agricultural primary products (hereinafter referred to as edible agricultural products) for consumption shall comply with the provisions of the "Law of the People's Republic of China on the Quality and Safety of Agricultural Products". However, the marketing of edible agricultural products, the establishment of relevant quality and safety standards, the promulgation of relevant safety information and the provisions of this Law on agricultural inputs shall comply with the provisions of this Law.

Article 3 The food safety work shall be mainly prevention, risk management, full control and social co-governance, and a scientific and strict supervision and management system shall be established.

Article 4 Food producers and traders are responsible for the safety of their food products.

Food producers and traders shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to society and the public, accept social supervision and assume social responsibilities.

Article 5 The State Council shall establish a food safety committee whose duties shall be prescribed by the State Council.

The health administrative department under the State Council organizes the monitoring and risk assessment of food safety risks in accordance with the provisions of this Law and the duties of the State Council and formulates and publishes the national food safety standards in conjunction with the food and drug regulatory department under the State Council.

Other relevant departments under the State Council assume the responsibilities related to food safety in accordance with the provisions of this Law and the State Council.

Article 6 The local people's governments at or above the county level shall be responsible for the food safety supervision and administration in their respective administrative areas and shall unify the leadership, organization and coordination of food safety supervision and management in this administrative region and the response to emergencies in food safety so as to establish and improve the supervision over food safety Management mechanism and information sharing mechanism.

The local people's governments at or above the county level shall, in accordance with the provisions of this Law and the State Council, determine the duties of the supervisory and administrative departments for food and drug administration, the health administrative department and other relevant departments at their own level. The relevant departments are responsible for the food safety supervision and administration within their respective areas of responsibility.

The food and drug administration at the county level people's government may set up a dispatch office in a township or a specific area.

Article 7 The local people's government at or above the county level shall implement the food safety supervision and administration responsibility system. The people's government at the higher level shall be responsible for appraising and examining the food safety supervision and administration of the people's government at the next lower level. The local people's government at or above the county level shall be responsible for appraising and examining the food safety supervision and management of the food and drug regulatory authorities at the corresponding level and other relevant departments.

Article 8 The people's governments at or above the county level shall incorporate food safety work into their national economic and social development plans at this level and include the funds for food safety work in the government's financial budget at the corresponding level so as to strengthen the capacity building for food safety supervision and management so as to provide guarantee for food safety work .

The food and drug supervision and administration department of the people's government at or above the county level and other relevant departments shall strengthen communication and cooperate closely with each other and shall exercise their powers and responsibilities according to law according to their respective duties and responsibilities.

Article 9 The food trade associations shall strengthen self-discipline of the industry, establish and improve industry standards and rewards and punishment mechanisms in accordance with the Articles of Association, provide food safety information and technology and other services, guide and supervise food producers and traders in their production and operation according to law, promote honesty in the industry, publicize and popularize food safety knowledge.

Consumer associations and other consumer organizations shall conduct social supervision in accordance with the law in violation of the provisions of this Law and undermining the legitimate rights and interests of consumers.

Article 10 People's governments at all levels shall step up publicity and education on food safety, popularize food safety knowledge, encourage social organizations, grass-roots mass self-governing organizations and food producers and operators to carry out the popularization of food safety laws and regulations as well as food safety standards and knowledge, Advocate a healthy diet, enhance consumer food safety awareness and self-protection.

The news media should conduct public service announcements on food safety laws and regulations as well as food safety standards and knowledge, and supervise public opinion on food safety offenses. Publicity reports on food safety should be truthful and fair.

Article 11 The state encourages and supports basic research related to food safety and applies research and encourages and supports food producers and traders to adopt advanced technologies and advanced management practices in order to raise the level of food safety.

The state implements a strict management system on the use of pesticides, speeds up the phase-out of highly toxic, highly toxic and highly-residual pesticides, promotes the development and application of alternative products, and encourages the use of highly effective, low toxicity and low residual pesticides.

Article 12 Any organization or individual has the right to report violations of food safety, understand the food safety information with the relevant departments according to law, and make comments and suggestions on food safety supervision and administration.

Article 13 Units and individuals that have made outstanding contributions in food safety work shall be commended and rewarded in accordance with the relevant provisions of the state.

Chapter II Food Safety Risk Monitoring and Evaluation

Article 14 The state establishes a food safety risk monitoring system to monitor foodborne diseases, food contamination and harmful elements in food.

The health administrative department of the State Council, in conjunction with the food and drug administration and quality supervision departments under the State Council, formulates and implements the national food safety risk monitoring plan.

Upon receiving the information on food safety risks, the State Food and Drug Administration and other relevant departments shall immediately verify and notify the health administrative department of the State Council. Information on food safety risks notified by the relevant departments and food-borne diseases reported by medical institutions shall be analyzed and studied by the health administrative department under the State Council in conjunction with relevant departments under the State Council and adjusted as necessary to promptly adjust the national food safety risk monitoring plan.

The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the same-level food and drug supervision and management and quality supervision departments, shall formulate and adjust food safety risk monitoring in their respective administrative regions according to the national food safety risk monitoring plan and the specific conditions of their respective administrative regions The plan shall be submitted to the health administrative department of the State Council for the record and implementation.

Article 15 The technical institutes that undertake the work of monitoring food safety risks shall conduct monitoring work according to the food safety risk monitoring plan and monitoring plan, ensure that the monitoring data is true and accurate, and submit the monitoring data in accordance with the requirements of the food safety risk monitoring plan and monitoring plan And analyze the result.

Food safety risk monitoring staff have the right to enter the relevant edible agricultural products planting and breeding, food production and operation sites to collect samples, collect the relevant data. Collecting samples should pay for the market price.

Article 16 If the result of food safety risk monitoring indicates that there may be a potential food safety hazard, the health administrative department of the people's government at or above the county level shall promptly notify the relevant department of food and drug administration at the same level and report the same to the people's government at the corresponding level and the people's government at the higher level Health Administration. Food and drug administration and other departments should organize further investigations.

Article 17 The state shall establish a food safety risk assessment system and apply scientific methods to conduct biological, chemical and physical hazards in foods, food additives and food-related products according to the food safety risk monitoring information, scientific data and relevant information Risk assessment.

The health administrative department of the State Council is responsible for organizing the risk assessment of food safety and establishing a food safety risk assessment committee composed of experts in medicine, agriculture, food, nutrition, biology and environment to conduct a food safety risk assessment. The results of the food safety risk assessment shall be announced by the health administrative department of the State Council.

Safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives, etc., should be attended by experts from the Expert Committee on Food Safety Risk Assessment.

The risk assessment of food safety shall not charge the producer and trader, and the samples shall be paid according to the market price.

Article 18 In any of the following circumstances, a food safety risk assessment shall be conducted:

(1) Through the monitoring of food safety risks or receiving reports of the discovery of food, food additives, food-related products may be a safety hazard;

(2) To provide a scientific basis for formulating or revising the national food safety standards, and conducting risk assessment;

(3) In order to determine the key areas for supervision and management, the key species need to be assessed for risk;

(4) Discovering new factors that may endanger food safety;

(E) Need to determine whether a factor constitutes a food safety hazard;

(6) Other situations that the health administrative department under the State Council considers necessary for carrying out the risk assessment.

Article 19 The department of food and drug supervision and administration, quality supervision and agricultural administration under the State Council, when discovering the need for food safety risk assessment in its supervision and administration, shall put forward suggestions on food safety risk assessment to the administrative department of health under the State Council and provide sources of risks, Related inspection data and conclusions and other information and information. If it falls under the provisions of Article 18 of this Law, the health administrative department under the State Council shall promptly conduct a food safety risk assessment and notify the relevant departments of the State Council of the assessment results.

Article 20 The health administrative and agricultural administrative departments of the people's governments at or above the provincial level shall promptly notify each other of the monitoring information on the safety risk of agricultural products and food products.

The administrative department of health under the State Council and the agricultural administrative department shall promptly inform each other of such information as the assessment results of the safety risk of agricultural products and food products.

Article 21 The results of food safety risk assessment are the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management.

After assessing the safety of foodstuffs, food additives and food-related products, the State Council department in food and drug administration, quality supervision and other departments shall, according to their respective functions and duties, immediately make an announcement to the public informing consumers of the suspension of their consumption or use and taking Corresponding measures shall be taken to ensure that the production of food, food additives and food-related products ceases. For the formulation and revision of the national food safety standards, the health administrative department under the State Council shall immediately formulate and revise the food and drug administration under the State Council in conjunction with the food and drug regulatory department under the State Council.

Article 22 The food and drug administration under the State Council shall, in conjunction with the relevant departments under the State Council, conduct a comprehensive analysis of the state of food safety according to the results of food safety risk assessment and food safety supervision and management. For the foodstuffs that may have a higher degree of safety risk through comprehensive analysis, the food and drug supervision and administration department of the State Council should promptly put forward the food safety risk warning and make it public to the public.

Article 23 The food and drug supervision and administration department of the people's government above the county level and other relevant departments, the food safety risk assessment expert committee and its technical institutions shall organize food production operators and foodstuffs in accordance with the principles of science, objectivity, timeliness and openness Inspection agencies, certification bodies, food industry associations, consumer associations and the news media to exchange information on food safety risk assessment information and food safety regulatory information.

Chapter III food safety standards

Article 24 The formulation of food safety standards shall be scientific and reasonable, safe and reliable with the objective of safeguarding public health.

Twenty-fifth food safety standards are mandatory standards. In addition to food safety standards, no other food mandatory standards.

Article 26 The food safety standards shall include the following contents:

(1) Limited provisions on pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants in food, food additives and food-related products, and other harmful substances to human health;

(B) Food additives varieties, use, dosage;

(C) Specifically for infants and young children and other specific groups of primary and secondary food nutrients requirements;

(4) Requirements on labels, marks and instructions related to food safety requirements such as hygiene and nutrition;

(E) The health requirements of the food production and operation process;

(F) Quality requirements related to food safety;

(G) Food inspection methods and procedures related to food safety;

(8) Other contents that need to be formulated as food safety standards.

Article 27 The national standards for food safety shall be formulated and promulgated by the health administrative department under the State Council in conjunction with the food and drug administration department under the State Council. The standardization administrative department of the State Council shall provide the national standard number.

The limits of pesticide residues and veterinary drug residues in food and the test methods and procedures shall be formulated by the health administrative department under the State Council and the agricultural administrative department under the State Council in conjunction with the food and drug supervision and administration department under the State Council.

Slaughtering of livestock, poultry inspection regulations by the State Council department of agriculture administrative department in conjunction with the State Council department of health administration.

Article 28 The formulation of national food safety standards shall be based on the results of food safety risk assessment and taking full account of the results of safety risk assessment of edible agricultural products, referring to the relevant international standards and the results of international food safety risk assessment, and presenting the draft national standards on food safety to the public Announced, widely heard the views of food production operators, consumers, relevant departments and other aspects.

National standards for food safety should be reviewed and approved by the review committee of the national food safety standards organized by the health administrative department of the State Council. The national standards review committee for food safety consists of experts in medicine, agriculture, food, nutrition, biology and environment, as well as representatives from the relevant departments of the State Council, food industry associations and consumer associations. It is scientific and practical for the draft national food safety standards Sex and other review.

Article 29 Where there is no local food with national standards for food safety, the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government may formulate and promulgate local standards for food safety and report to the health administrative department under the State Council for the record. After the establishment of national standards for food safety, this local standard shall be repealed.

Article 30 The state encourages food producing enterprises to formulate enterprise standards that are stricter than national standards or local standards for food safety and shall be applicable in this enterprise and submitted to the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

Article 31 The health administrative departments of the people's governments at or above the provincial level shall publish the formulated and recorded food safety national standards, local standards and enterprise standards on their websites for free inspection and download by the public.

The implementation of food safety standards in the process of problems, the people's governments above the county level health administrative departments should be promptly with the relevant departments to give guidance and answer.

Article 32 The health administrative department of the people's government at or above the provincial level shall, in conjunction with the departments of food and drug supervision and administration, quality supervision and agricultural administration at the same level, conduct follow-up evaluations on the implementation of national and local standards for food safety, and on the basis of the evaluation results Timely revision of food safety standards.

The departments of food and drug administration, quality supervision and agricultural administration at or above the provincial level shall collect and compile the existing problems in the implementation of food safety standards and notify the health administrative departments at the same level in a timely manner.

Food producers and traders, food industry associations found that food safety standards in the implementation of the problems, it should immediately report to the health administrative departments.

Chapter IV Food Production and Management

Section I General Provisions

Article 33 The food production and operation shall meet the food safety standards and shall meet the following requirements:

(1) Having the raw materials for food processing and food processing, packaging and storage suitable for the production and operation of food varieties and quantities, keeping the environment clean and tidy and keeping the prescribed distance from the poisonous and harmful places and other pollution sources;

(2) The production and operation facilities or facilities that are suitable for the production and operation of food varieties and varieties shall have corresponding disinfection, dressing, washing, lighting, lighting, ventilation, preservation, dust prevention, flies prevention, rat prevention, pest control and washing As well as equipment or facilities for treating waste water and storing rubbish and waste;

(C) A full-time or part-time food safety professional and technical personnel, food safety management personnel and to ensure food safety rules and regulations;

(D) A reasonable layout of equipment and process to prevent the food to be processed and direct import of food, raw materials and finished products cross-contamination, to avoid food contact toxicants, unclean material;

(5) Tableware, drinkware and containers for direct importation of food shall be washed, disinfected, used for cooking utensils and utensils before use, and shall be washed and kept clean;

(6) The containers, tools and equipment for storing, transporting and handling foodstuffs shall be safe and harmless, be kept clean and prevent the contamination of foodstuffs and shall meet the special requirements of temperature and humidity required for food safety and shall not be contaminated with any poisonous or harmful food Items stored together, transport;

(7) Non-toxic, clean packaging materials, tableware, drinkware and containers shall be used for food directly imported;

(8) Food production and operation personnel shall maintain their personal hygiene. When producing and operating food, they should wash their hands and wear clean work clothes and hats, etc. When selling unpackaged direct-in-place food, non-toxic and clean containers shall be used. Sales tools and equipment;

(9) Water shall conform to the sanitary standards of domestic drinking water prescribed by the state;

(10) The detergents and disinfectants used shall be safe and harmless to the human body;

(11) Other requirements stipulated by laws and regulations.

Non-food producers and traders engaged in food storage, transportation and handling should comply with the provisions of the preceding paragraph sixth.

Article 34 The following foods, food additives and food-related products are prohibited from being manufactured and operated:

(1) Food other than foodstuffs or chemical substances other than food additives and other foodstuffs that may endanger the health of human beings, or foodstuffs produced from recycled foodstuffs;

(2) Food, food additives and food-related products of pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants and other substances that endanger the health of human beings that exceed the limit of food safety standards;

(C) With more than the shelf life of food ingredients, food additives, food production, food additives;

(D) Of the ultra-range, limited use of food additives food;

(E) Of the main and auxiliary foods whose nutritional content does not meet the food safety standards and is designed for infants and young children and other specific groups of people;

(F) Spoilage, spoilage of oil, moldy pests, dirty unclean, mixed with foreign body, adulteration doping or abnormal sensory properties of food, food additives;

(7) Poultry, livestock, beasts and aquatic animal meats and their products that are dead, poisoned or unknown;

(8) Failing to carry out the quarantine inspection or quarantine of unqualified meat products or unqualified meat products according to the provisions;

(Ix) Food contaminated by packaging materials, containers, conveyances, food additives;

(10) Food and food additive with false production date, expiry date or expired shelf life;

(11) Unlabeled prepackaged food, food additive;

(12) The state explicitly prohibits the production and operation of foodstuffs for special needs such as disease prevention;

(13) Other food, food additives, food-related products that do not comply with laws, regulations or food safety standards.

Article 35 The state practices a permit system for food production and operation. Engaged in food production, food sales, catering services, should be licensed according to law. However, the sale of edible agricultural products, do not need to obtain permission.

The food and drug supervision and administration department of the local people's government at or above the county level shall, in accordance with the Law of the People's Republic of China on Administrative Licensing, examine the relevant requirements of the first to fourth items of the first paragraph of Article 33 of this Law submitted by the applicant Information, if necessary, on-site verification of the applicant's place of production and operation; for those who meet the prescribed conditions, permission is granted; for those who do not meet the prescribed conditions, they shall not be permitted and the reasons are stated in writing.

Article 36 Food production and processing workshops, food vendors, etc. engaged in food production and business activities shall comply with the food safety requirements corresponding to the scale and conditions of their production and operation as provided for in this Law, and ensure the food hygiene, non-toxicity, Harmless, food and drug administration shall strengthen its supervision and management.

The local people's governments at or above the county level shall conduct comprehensive control over food production and processing workshops, food vendors, etc., strengthen their service and unify planning, improve their production and business environment, encourage and support their improvement of production and management conditions, access to centralized trading markets and shops, etc. Premises management, or in the designated temporary business area, time management.

The specific management measures for food production and processing workshops and food stalls shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.

Article 37 If new food raw materials are to be used for the production of food, or for the production of new varieties of food additives or new varieties of food-related products, the safety assessment materials of related products shall be submitted to the administrative department of health under the State Council. The administrative department of health under the State Council shall organize the examination within 60 days from the date of receiving the application; if the requirements for food safety are met, it shall be permitted and promulgated; if it does not meet the food safety requirements, it shall not be permitted and its reasons shall be stated in written form.

Article 38 No drugs may be added to foods that are produced or sold, but substances that are both traditional foods and traditional Chinese medicines may be added according to tradition. According to the tradition, the catalog of substances that are both foods and Chinese herbal medicines shall be formulated and promulgated by the health administrative department under the State Council in conjunction with the food and drug administration department of the State Council.

Article 39 The state practices a permit system for the production of food additives. Engaged in the production of food additives shall have the place, production equipment or facilities, professional and technical personnel and management system that are suitable for the varieties of food additives produced and obtain the food additive production according to the procedures prescribed in the second paragraph of Article 35 of this Law license.

Production of food additives should comply with laws, regulations and national food safety standards.

Article fortieth food additives should be technically necessary and risk-assessment proved safe and reliable before they can be included in the scope of use; the national food safety standards should be based on technical necessity and food safety risk assessment results timely revision.

Food producers and traders should use food additives in accordance with the national standards for food safety.

Article 41 The production of food-related products shall comply with laws, regulations and national standards for food safety. For food-related products with high risk of direct contact with food packaging materials, the production license shall be implemented in accordance with the provisions of the state on the administration of production license for industrial products. The quality supervision department shall strengthen the supervision and management over the production activities of food-related products.

Article 42 The state establishes a full traceability system for food safety.

Food producers and traders shall, in accordance with the provisions of this Law, establish a food safety traceability system to ensure traceability of food products. The state encourages food producers and operators to adopt information technology to collect and keep production and operation information and establish a food safety traceability system.

The Food and Drug Administration under the State Council, in conjunction with the relevant department of agriculture administration under the State Council, will establish a mechanism for the full traceability and coordination of food safety.

Article 43 Local people's governments at various levels shall take measures to encourage large-scale food production and chain operation and distribution.

The state encourages food production and operation enterprises to participate in food safety liability insurance.

Section II production and operation process control

Article 44 A food production and operation enterprise shall establish and improve a food safety management system, train employees on food safety knowledge, strengthen food inspection work, and engage in production and business activities in accordance with the law.

The main person in charge of food production and operation enterprises shall implement the enterprise food safety management system and be fully responsible for the food safety work of the enterprise.

Food production and operation enterprises should be equipped with food safety management personnel to strengthen their training and assessment. The examination does not have the capacity of food safety management shall not be posts. The food and drug supervision and administration department shall randomly conduct supervision and spot check assessment of enterprises' food safety management personnel and publish the examination results. Supervision spot checks may not charge fees.

Article 45 Food producers and traders shall establish and implement a system for the health management of employees. Persons suffering from food-safety diseases prescribed by the health administrative department under the State Council shall not engage in any work that involves direct access to food.

Food production and operation personnel engaging in the work of direct access to food shall conduct annual health examination and obtain a certificate of health before they can start their posts.

Article 46 The food production enterprise shall formulate and implement the control requirements on the following matters to ensure that the food products produced comply with the food safety standards:

(A) Raw material procurement, raw material acceptance, feeding and other raw materials control;

(B) The production process, equipment, storage, packaging and other key aspects of production control;

(3) Raw material inspection, semi-finished product inspection, finished product inspection and other inspection and control;

(D) Transportation and delivery control.

Article 47 Food producers and traders shall establish a self-inspection system for food safety and conduct regular inspection and evaluation on the status of food safety. Production and management conditions change, no longer meet the food safety requirements, food producers and traders should immediately take corrective measures; in the event of potential risks of food safety incidents, should immediately stop the food production and business activities, and to the local county government food and drug Supervision and administration report.

Article 48 The state encourages food production and operation enterprises to meet the requirements of good production practices, implement a hazard analysis and key control point system, and improve the food safety management level.

For food production and operation enterprises which pass the certification of good manufacturing practice, hazard analysis and critical control point, the certification body shall conduct follow-up investigation according to law; enterprises that no longer meet the certification requirements should be withdrawn their certification and promptly report to the people's government at or above the county level food Drug regulatory agencies informed, and announced to the community. The certification body shall not charge fees for the follow-up investigation.

Article 49 Producers of edible agricultural products shall, according to the standards of food safety and the relevant provisions of the State, use agricultural inputs such as pesticides, fertilizers, veterinary drugs, feedstuffs and feed additives, strictly implement the provisions of the safety intervals or withdrawal periods of agricultural inputs, Do not use agricultural inputs that the state explicitly prohibits. It is forbidden to apply the highly toxic and highly toxic pesticides to crops stipulated by the state such as vegetables, fruits, tea leaves and Chinese herbal medicines.

Producers of edible agricultural products and specialized cooperative economic organizations of peasants shall set up a recording system for the use of agricultural inputs.

The agricultural administrative department of the people's government at or above the county level shall step up the supervision and guidance over the use of agricultural inputs and establish and improve a safe use system for agricultural inputs.

Article 50 Where a food producer procures food raw materials, food additives or food-related products, it shall examine the supplier's permit and product certification of conformity; if it fails to provide conformity certification, it shall conduct the inspection according to the food safety standards; Or use food ingredients that do not meet food safety standards, food additives, food-related products.

The food manufacturer shall establish a system for checking and recording the purchase of food raw materials, food additives and food-related products, truthfully record the names, specifications, quantities, production dates or production lot numbers of food raw materials, food additives and food-related products, shelf life, purchase date and delivery Name, address, contact information and other content, and save the relevant documents. The duration of record keeping and voucher storage shall not be less than six months after expiry of the expiration date of the product; if there is no definite expiration date, the expiration date shall not be less than two years.

Article 51 The food production enterprise shall establish a record inspection system for the ex-factory food, check the inspection certificate and the safety status of the ex-factory food, faithfully record the name, specifications, quantity, production date or production batch number, shelf life, inspection certificate number, Sales date and purchaser name, address, contact information and other content, and save the relevant documents. The record keeping period and the vouchers shall be in accordance with the provisions of the second paragraph of Article 50 of this Law.

Article 52 The producers of food products, food additives and food-related products shall carry out the inspection on the food products, food additives and food-related products produced in accordance with the food safety standards, and may only be manufactured or sold after passing the inspection.

Article 53 If a food manufacturer purchases food, he shall examine the supplier's permit and the food factory inspection certificate or other certificate of conformity (hereinafter referred to as the certificate of conformity).

The food business shall establish a record inspection system for food purchase, truthfully record the name, specifications, quantity, production date or production lot number, shelf life, purchase date, supplier name, address and contact details of the food and keep relevant documents. The record keeping period and the vouchers shall be in accordance with the provisions of the second paragraph of Article 50 of this Law.

The implementation of a unified distribution mode of operation of food business enterprises, enterprises headquarters can be a unified inspection of the supplier's permit and food certification documents, food purchase inspection records.

The operating enterprises engaged in the wholesale business of food shall establish a food sales record system and faithfully record the name, specifications, quantity, production date or production batch number, shelf life, sales date, and the name, address and contact information of the purchaser of the wholesale food and keep the same Related documents. The record keeping period and the vouchers shall be in accordance with the provisions of the second paragraph of Article 50 of this Law.

Article 54 Food operators shall, in accordance with the requirements of ensuring food safety, store food items, periodically inspect the stocked food items, and promptly clean the food items that have deteriorated or have expired the shelf life.

Where a food dealer stores bulk food, the name of the food, the date of manufacture or the production batch number, the expiry date of the product, the name of the producer and the contact details shall be clearly marked on the storage location.

Article 55 Catering service providers shall formulate and implement raw material control requirements and may not purchase food raw materials that do not meet the food safety standards. Catering service providers to promote open processing, publicity and other sources of raw materials and other information.

Catering service providers shall check the food and raw materials to be processed in the process of processing and shall not process or use any food found under the provisions of Item 6 of Article 34 of this Law.

Article 56 Catering service providers shall regularly maintain such facilities and equipment as food processing, storage and display; and shall conduct regular cleaning and calibration of thermal insulation facilities and facilities for refrigerating and freezing.

Catering service providers shall, in accordance with the requirements, carry out the cleaning and disinfection of tableware and drinking utensils, and shall not use utensils or drinking utensils which have not been cleaned and disinfected; and if the catering service provider entrusts the cleaning and disinfection of utensils and drinking utensils, utensils complying with the provisions of this Law shall be entrusted , Concentrated drinking disinfection service units.

Article 57 The canteens of centralized dwelling units such as schools, childcare institutions, pension institutions and construction sites shall strictly comply with the laws, regulations and food safety standards. When ordering meals from a catering unit, they shall order from the enterprises that have obtained the license for food production and operation , And in accordance with the requirements of the ordered food inspection. The catering unit shall strictly abide by the laws, regulations and food safety standards and serve meals to ensure food safety.

The authorities in charge of centralized dining establishments such as schools, nurseries, pension institutions and construction sites shall step up their food safety education and daily management of centralized dining establishments, reduce the risk of food safety and promptly eliminate hidden dangers in food safety.

Article 58 The centralized disinfection service units of utensils and tableware shall have the corresponding workplaces, cleaning and disinfection equipment or facilities, water and detergents and disinfectants used shall conform to the relevant national food safety standards and other national standards and hygiene standards.

Disinfection tableware, drinkware intensive disinfection service units should disinfection tableware, drinkware batch inspection, inspection before leaving the factory, and should be accompanied by proof of disinfection. Disinfection after the tableware, drinkware should be marked on the independent packaging unit name, address, contact information, disinfection date and the use of deadlines and so on.

Article 59 Producers of food additives shall set up a system for the recordation of the ex-factory inspection of food additives, check the inspection certificates and safety conditions of the manufactured products, and truthfully record the names, specifications, quantities, production dates or production batch numbers of the food additives, the expiry date of the food additives, Card number, date of sale and the purchaser name, address, contact information and other related content, and save the relevant documents. The record keeping period and the vouchers shall be in accordance with the provisions of the second paragraph of Article 50 of this Law.

Article 60 Where a food additive operator purchases food additives, the supplier's permit and product certification documents shall be inspected in accordance with the law and the names, specifications, quantities, production dates or production lot numbers of the food additives accurately recorded, the expiry date, the purchase date, Cargo name, address, contact information and other content, and save the relevant documents. The record keeping period and the vouchers shall be in accordance with the provisions of the second paragraph of Article 50 of this Law.

Article 61 The promoters, counter renters and trade fair organizers of the centralized trading market shall review the permits of the food business operators attending the venue according to law, clarify their responsibility for food safety management, conduct regular inspections of their business environment and conditions, Anyone who finds any act in violation of the provisions of this Law shall be promptly stopped and immediately reported to the food and drug regulatory department of the people's government at the county level where it is located.

Article 62 The third-party platform provider of online food trading shall make a real-name registration of the food business operator of the online food business and clarify its responsibility for food safety management. Where it is necessary to obtain a permit according to law, its license shall also be examined.

If the third-party platform provider of networked food transactions discovers that the network operator has violated the provisions of this Law, he should promptly stop reporting immediately to the food and drug regulatory department of the county level people's government at the locality where he / she is located. Anyone found to have committed a serious illegal act shall immediately stop providing online transactions Platform service.

Article 63 The state establishes a food recall system. If the food producer discovers that the food it produces does not meet the food safety standards or there is evidence that it may endanger the health of human beings, the producer should immediately stop the production, recall the food that has been marketed, notify relevant producers and consumers and record the recall and notification .

If the food trader finds that the food products under his management have the situation as prescribed in the preceding paragraph, he shall immediately stop the operation and notify the relevant production and business operators and consumers and record the suspension of operation and notification. Food producers that should be recalled, it should be immediately called back. Because the food business operator causes the food that it operates to have the circumstance as stipulated in the preceding paragraph due to the food business operator, the food business operator shall recall.

Food producers and traders shall take such measures as decontamination and destruction of the recalled food so as to prevent it from entering the market again. However, in the case of food recalled due to non-compliance with the food safety standards due to the label, logo or instruction manual, the food producer may continue to sell the food without taking any remedial measures and ensuring food safety; and the consumer shall be informed of the remedial measures when it is sold.

The food producer and operator should report the recall and handling of the food to the food and drug regulatory department of the county level people's government at the locality where the food is to be recalled and dealt with. If the recalled food needs to be innocuously treated or destroyed, the time and place of the recall shall be reported in advance. Where the food and drug administration deems it necessary, on-site supervision may be implemented.

If the food producer or trader fails to recall or cease operations in accordance with the provisions of this Article, the food and drug supervision and administration department of the people's government at or above the county level may order it to recall or cease its operation.

Article 64 The wholesale market for edible agricultural products shall be equipped with inspection equipment and inspection personnel or entrusted with a food inspection agency conforming to the provisions of this Law to carry out sampling inspection of edible agricultural products which are marketed in the wholesale market and shall be required to meet the food safety standards The seller immediately stops selling and reports to the food and drug administration.

Article 65 A seller of edible agricultural products shall establish a system of inspection and recording of the purchase of edible agricultural products, faithfully record the name, quantity, date of purchase and the name, address and contact information of the supplier of the edible agricultural product and keep relevant vouchers. Records and vouchers should be kept for a period of not less than six months.

Article 66 Food-related products, such as preservatives and preservatives, used in packaging, preservation, storage and transportation of edible agricultural products entering the market for sale shall comply with the national food safety standards.

Section III labels, brochures and advertising

Article 67 There shall be a label on the packaging of prepackaged food. The label should indicate the following:

(A) Name, size, net content, production date;

(B) Ingredients or ingredients list;

(3) Producer's name, address and contact information;

(D) Shelf life;

(E) Product code

(F) Storage conditions;

(G) The common names of the food additives used in the national standards;

(8) Production license number;

(9) Other matters that shall be clearly marked by laws, regulations or food safety standards.

Mainly for food for infants and young children and other specific groups of food, the label should also indicate the main nutrients and their content.

National standards for food safety label labeling matters otherwise provided, from its provisions.

Article 68 Where a food dealer sells bulk food, the name of the food, the date of manufacture or the batch number of the food, the expiry date of the food, the name, address and contact information of the manufacturer shall be indicated on the containers and packages of the bulk food.

Article 69 The production and operation of genetically modified foods shall be prominently marked in accordance with the provisions.

Article 70 food additives should have labels, instructions and packaging. The label and instruction manual shall specify the matters specified in the first to sixth, eighth and ninth paragraphs of the first paragraph of Article 67 of this Law as well as the scope, amount and method of use of food additives, Upload the "food additives" message.

Article 71 The labels and manuals of food and food additives shall not contain false contents and shall not be involved in disease prevention and treatment functions. Producer is responsible for the contents of the label and manual provided by it.

Food and food additives labels, instructions should be clear and obvious, the date of manufacture, shelf life and other matters should be marked, easy to identify.

Food and food additives and their labels, instructions do not match the content, shall not be marketed.

Article 72 The food dealer shall sell food in accordance with the warning labels, warning instructions or precautions indicated on the food labels.

Article 73 The content of food advertisements shall be true and lawful, shall not contain false contents, and shall not be involved in disease prevention and treatment functions. Food producers and traders are responsible for the authenticity and legitimacy of the contents of food advertisements.

Food and drug administrations and other relevant departments of people's governments at or above the county level as well as food inspection agencies and food trade associations shall not recommend foods to consumers in advertisements or other forms. Consumer organizations are not allowed to recommend food to consumers in the form of fees or other benefits.

Fourth special food

Article 74 The State exercises strict supervision and administration over special foods such as health food, special medical use formula food and infant formula food.

Article 75 Health food claims that health functions should have scientific basis and shall not cause acute, sub-acute or chronic harm to the human body.

The catalog of raw materials for health food and the catalog of health functions for which health food claims may be formulated, adjusted and promulgated by the State Council department in charge of food and drug administration in conjunction with the administrative department of health under the State Council and the State Administration of Traditional Chinese Medicine.

The catalog of raw materials for health food products shall include the name of raw materials, the amount used and their corresponding efficacy; the raw materials listed in the raw materials list of health food shall be used only for the production of health food products and shall not be used for the production of other food products.

Article 76 The health food products and the first-imported health food products which are used outside the catalog of raw materials for health food shall be registered by the State Food and Drug Administration under the State Council. However, the first imported health food that belongs to supplements of vitamins, minerals and other nutrients shall be reported to the State Food and Drug Administration for the record. Other health food products shall be reported to the food and drug supervision and administration department of the people's government of provinces, autonomous regions and municipalities directly under the Central Government for the record.

The imported health food should be the product approved by the competent authority of the exporting country (region) for marketing.

Article 77 Health food that should be registered in accordance with law shall be submitted with the R & D report, product formulation, production process, safety and health function evaluation, labeling, instruction manual, etc. of the health food product and the relevant supporting documents upon registration. The State Council department in charge of food and drug administration shall, after organizing the technical review, grant registration if the claim meets the requirements of safety and functionalities; and if it does not meet the requirements, it shall not be registered and the reasons are stated in writing. Where the decision on the approval of the registration of a health food that uses raw materials other than those listed on the raw materials list of the health food products is made, the raw materials shall be promptly included in the catalog of raw materials for health food products.

The health food that shall be filed according to law shall be submitted with the product formula, production process, label, instruction manual and materials indicating the product's safety and health care functions at the time of filing.

Article 78 The labels and manuals of health food products shall not be involved in disease prevention and treatment functions, and the contents thereof shall be true and shall be consistent with the contents of registration or filing, which shall indicate the appropriate population, unfit crowd, efficacy component or the symbolic component and its content Etc., and stated that "this product can not replace drugs." The function and composition of health food should be consistent with the label and instruction manual.

Article 79 In addition to conforming to the provisions of the first paragraph of Article 73 of this Law, an advertisement for health food products shall also state that "this product can not replace drugs"; its contents shall be subject to the approval of the people's government of the province, autonomous region or municipality directly under the Central Government where the manufacturing enterprise is located Food and Drug Administration review and approval, access to health food advertising approval documents. The food and drug supervision and administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall publish and promptly update the catalogs of approved health food advertisements and the approved advertisements.

Article 80 Special-purpose food for special medical purposes shall be registered by the State Food and Drug Administration. Upon registration, the product formulation, manufacturing process, labeling, instructions, and materials that indicate the safety of the product, adequacy of nutrition, and the clinical effect of the particular medical use should be submitted.

Special medical use formula food advertising "People's Republic of China Advertising Law" and other laws and administrative regulations on drug advertising management requirements.

Article 81 Infants and young children formula producing enterprises shall carry out the whole process quality control from raw materials into finished products to finished products, and carry out batch-by-batch inspection on infant formula delivered to the factory to ensure food safety.

Raw milk, accessories and other food raw materials and food additives used in the production of infant formulas should meet the requirements of laws, administrative regulations and national standards for food safety so as to ensure the nutrients required for the growth and development of infants and young children.

The infant formula manufacturer shall keep the food and drug administration of the people's government of the province, autonomous region or municipality directly under the Central Government for the record for such matters as food raw materials, food additives, product formulas and labels.

The product formula of infant formula milk powder should be registered by the State Food and Drug Administration. Registration, should be submitted to the formulation of R & D reports and other materials that show the scientific nature and safety of the formula.

No infant formula milk powder may be produced by aliquoting, and the same enterprise may not use the same formula to produce infant formula milk powder of different brands.

Article 82 The registered person or the record holder of the health food, special medical use formula food and infant formula milk powder shall be responsible for the authenticity of the submitted materials.

The food and drug supervision and administration department of the people's government at or above the provincial level shall promptly publish the catalog of registered or filed health food products, special medical use formula foods and infant formula milk powder and keep confidential the trade secrets of enterprises that have been registered or filed.

Health food, formula for special medical use, infant formula milk powder production enterprises shall organize production according to the technical requirements of registered or filed product formula and production technology.

Article 83 The enterprises that produce the health foods, formulas for special medical uses, formula for infants and young children and other special and supplementary food for specific groups of people shall, in accordance with the requirements of good manufacturing practice, establish a production quality management system System, conduct regular self-examination of the operation of the system to ensure its effective operation and submit a self-inspection report to the food and drug regulatory department of the people's government at the county level where it is located.

Chapter V Food Inspection

Article 84 The food inspection agency may engage in food inspection activities only after obtaining the qualification accreditation according to the relevant state certification and accreditation requirements. However, unless otherwise provided by law.

The qualification inspection conditions and inspection norms of the food inspection agencies shall be prescribed by the food and drug supervision and administration department of the State Council.

The inspection report issued by the food inspection agency that meets the provisions of this Law shall have the same effect.

People's governments at or above the county level should integrate food inspection resources and realize resource sharing.

Article 85 The food inspection shall be conducted independently by the inspection person designated by the food inspection agency.

The examiner shall, in accordance with the provisions of the relevant laws and regulations, inspect the food in accordance with the food safety standards and inspection norms, respect science, abide by professional ethics, and ensure that the inspection data and conclusions issued are objective and fair and shall not issue false inspection reports.

Article 86 Food Inspection Implement the responsibility system of food inspection agency and inspector. The food inspection report shall be stamped with the official seal of the food inspection agency with the signature or seal of the inspection person. Food inspection agencies and inspectors issued by the food inspection report is responsible.

Article 87 The food and drug supervision and administration department of the people's government at or above the county level shall conduct regular or irregular sample tests on foodstuffs and publish the test results in accordance with the relevant provisions and shall not be exempt from inspection. When carrying out sampling tests, the samples taken shall be purchased and entrusted to the food inspection agencies that comply with the provisions of this Law for inspection and to pay the related expenses; inspection fees and other expenses shall not be charged to the food producer or operator.

Article 88 Where there is any objection to the conclusion of the inspection conducted in accordance with the provisions of this Law, the food producer may, within seven working days from the date of receipt of the conclusion of the inspection, provide the food and drug regulatory department The food and drug administration shall submit an application for re-examination, and the food and drug supervision and administration department that accepts the application for re-examination shall make a re-inspection on the list of re-inspection agencies announced at random. The re-inspection conclusion issued by the re-inspection agency shall be the final inspection conclusion. The re-examination institution and the preliminary examination institution may not be the same institution. The list of re-examination bodies shall be jointly promulgated by departments under the State Council's certification and accreditation supervision and administration, food and drug supervision and administration, health administration and agricultural administration.

The fast detection method stipulated by the State shall carry out spot check on the edible agricultural products. If the spot checker has any objection to the test result, he may apply for the re-inspection within four hours from the receipt of the test result. Retest may not be used fast detection methods.

Article 89 A food manufacturer may, on its own, inspect the food it produces, or may entrust a food testing agency that meets the provisions of this Law to conduct an inspection.

Food industry associations and consumer associations and other organizations, consumers need to entrust the food inspection agencies to test the food, it should be commissioned in accordance with the provisions of this Law food inspection agencies.

Article 90 The inspection of food additives shall be governed by the provisions of this Law concerning food inspection.

Chapter VI Food Import and Export

Article 91 The entry-exit inspection and quarantine department of the state shall supervise and administer the import and export food safety.

Article 92 The imported food, food additives and food-related products shall conform to the national standards of food safety in China.

Imported food and food additives shall be tested and qualified by the exit and entry inspection and quarantine authorities in accordance with the relevant laws and administrative regulations on the inspection of import and export commodities.

Imported food, food additives should be in accordance with the requirements of the state exit and entry inspection and quarantine departments with proof of qualified materials.

Article 93 Where food imported into China that does not yet have the national food safety standards is submitted to the health administrative department under the State Council by the foreign exporter, the overseas manufacturing enterprise or its authorized importer, the relevant national (regional) standard or international standard shall be submitted. The State Council administrative department of health to review the relevant standards that meet the requirements of food safety, decided to temporarily apply, and in time to develop the appropriate national food safety standards. The import of new food products imported with new food raw materials or the import of new food additive varieties and new food-related products shall be handled in accordance with the provisions of Article 37 of this Law.

Entry-exit inspection and quarantine agencies shall, in accordance with the requirements of the health administrative department under the State Council, conduct inspection on the food products, food additives and food-related products as prescribed in the preceding paragraph. The test results should be made public.

Article 94 Both the overseas exporters and the overseas manufacturing enterprises shall ensure that the food products, food additives and food-related products exported to our country comply with this Law as well as other relevant laws and administrative regulations of our country and the requirements of the national food safety standards, and label , The contents of the manual is responsible.

The importer shall establish an auditing system for overseas exporters and overseas manufacturing enterprises, and review the contents stipulated in the preceding paragraph with emphasis; if it fails the examination, it may not import it.

If it finds that the imported food does not meet the national food safety standards of our country or there is evidence that it may endanger the health of human beings, the importer shall immediately stop the import and shall make a recall in accordance with the provisions of Article 63 of this Law.

Article 95 Where a food safety incident occurring overseas may have an impact on the territory of China or a serious food safety problem is found in imported food, food additives and food-related products, the entry-exit inspection and quarantine department of the state shall promptly take the risk warning or control Measures, and notify the Food and Drug Administration under the State Council, the health administration and the agricultural administrative department. The department that receives the notification shall take corresponding measures promptly.

The food and drug supervision and administration department of the people's government at or above the county level shall supervise the management of imported foodstuffs and food additives that are marketed on the domestic market. Where any serious food safety problem is found, the food and drug administration under the State Council shall promptly notify the exit-entry inspection and quarantine department of the state. The exit-exit inspection and quarantine department of the state shall take corresponding measures promptly.

Article 96 An importer who imports food from or to an overseas exporter or agent who exports food to China shall file it with the exit-exit inspection and quarantine department of the state for the record. An overseas food manufacturer that exports food to our country shall be registered by the entry-exit inspection and quarantine department of the State. Where a registered overseas food manufacturer provides false materials or causes a major food safety accident on the imported food due to its own reasons, the entry-exit inspection and quarantine department of the state shall revoke the registration and make a public announcement.

The entry-exit inspection and quarantine department of the state shall regularly publish the list of overseas exporters, agents, importers and overseas food producers that have already been registered.

Article 97 Imported prepackaged foodstuffs and food additives shall be labeled in Chinese. If there is a manual according to law, a Chinese manual shall also be provided. The labels and instructions shall comply with the requirements of this Law and other relevant laws and administrative regulations of our country and the national standards for food safety. They shall also contain the place of origin of the food as well as the name, address and contact information of the domestic agent. Pre-packaged food without Chinese labels, Chinese instructions or labels, instructions do not meet the provisions of this article shall not be imported.

Article 98 Importers shall establish a system for recording the import and sales of foodstuffs and food additives, accurately record the names, specifications, quantities, production dates, batch numbers of production or import, shelf life, names of overseas exporters and purchasers of foodstuffs and food additives , Address and contact information, delivery date and other content, and save the relevant documents. The record keeping period and the vouchers shall be in accordance with the provisions of the second paragraph of Article 50 of this Law.

Article 99 An export food production enterprise shall ensure that its export food meets the standards or contract requirements of the importing country (region).

Export food production enterprises and export of food raw materials for planting, farms should go to the State Exit-Entry Inspection and Quarantine departments for the record.

Article 100 The entry-exit inspection and quarantine authorities of the state shall collect and compile the following import and export food safety information and timely notify relevant departments, agencies and enterprises:

(1) The food safety information found by the exit and entry inspection and quarantine authorities on the inspection and quarantine of import and export foodstuffs;

(2) Imported food safety information reflected by organizations such as food industry associations and consumer associations;

(3) Risk warning information and other food safety information issued by international organizations and overseas government agencies, as well as food safety information reflected by consumers and organizations such as overseas food industry associations;

(D) Other food safety information.

The entry-exit inspection and quarantine department of the state shall implement credit management on the importers, exporters and export food producers of import and export food, establish a credit record and make it public to the public according to law. For those importers, exporters and export food producers with bad records, the inspection and quarantine of their import and export food should be strengthened.

Article 101 The entry-exit inspection and quarantine department of a country may assess and review the food safety management system and food safety status of the countries (regions) that export food in China and determine the corresponding inspection and quarantine requirements according to the assessment and examination results .

Chapter VII Food Safety Accident Disposal

Article 102 The State Council organizes the formulation of a contingency plan for national food safety accidents.

Local people's governments at or above the county level shall, in accordance with the provisions of the relevant laws and regulations and the contingency plans for food safety accidents of the people's governments at higher levels as well as the actual conditions in their respective administrative regions, formulate contingency plans for food safety incidents in their respective administrative areas and report them to the people's government at the next higher level For the record.

The contingency plan for food safety accidents shall stipulate the classification of food safety accidents, the organization and command system and responsibilities of accident handling, the mechanism of prevention and early warning, the disposal procedures and emergency safeguard measures.

The food production and operation enterprise shall formulate the food safety accident disposal plan, regularly check the implementation of all the food safety precautionary measures in the enterprise, and promptly eliminate the hidden dangers of the accident.

Article 103 The unit that incurs a food safety accident shall immediately take measures to prevent the accident from expanding. The accident unit and the unit receiving the treatment of the patient shall promptly report to the food and drug administration and health administrative department of the people's government at the county level where the accident occurred.

People's governments above the county level quality supervision, agricultural administration and other departments in the daily supervision and management found that food safety incidents or accidental reporting, it should immediately notify the same level of food and drug administration.

Where a food safety incident occurs, the food and drug supervision and administration department of the county-level people's government that receives the report shall, in accordance with the provisions of the contingency plan, report to the people's government at the corresponding level and the food and drug administration department of the people's government at a higher level. The people's government at the county level and the food and drug supervision and administration department of the people's government at the higher level shall submit a report in accordance with the provisions of the contingency plan.

No unit or individual may conceal, misrepresent, or delay the reporting of food safety incidents and may not conceal, falsify or destroy the evidence.

Article 104 Where a medical institution discovers that the patient it receives belongs to a food-borne illness patient or suspected patient, it shall promptly report the relevant information to the health administrative department of the people's government at the county level where it is located. If the health administrative department at the county level people's government considers that it is related to food safety, it shall promptly notify the same level drug and drug regulatory department.

When the health administrative departments of the people's governments at or above the county level investigate and deal with infectious diseases or other public health emergencies and find out food safety related information, they shall promptly notify the same level drug and food supervision and administration department.

Article 105 After receiving a food safety accident report, the food and drug supervision and administration department of the people's government at or above the county level shall immediately investigate and handle the same with the departments of health administration, quality supervision and agricultural administration and take the following measures to prevent Or reduce the social harm:

(A) To carry out emergency rescue work, organize the rescue of personnel caused by personal injury due to food safety accidents;

(2) Sealing the foodstuffs and their raw materials that may cause food safety accidents and inspecting them immediately; for the confirmation of the foodstuffs and their raw materials that are polluted, order the foodstuff producer and trader to recall or cease operations according to the provisions of Article 63 of this Law ;

(C) Sealed contaminated food-related products, and ordered to clean disinfection;

(D) Do a good job of information dissemination, according to the law on food safety incidents and their handling release, and explain the possible harm.

In the event of a food safety accident requiring initiation of an emergency plan, the people's government at or above the county level shall immediately set up an incident handling command organization, initiate an emergency plan, and handle it in accordance with the provisions of the preceding paragraph and the emergency plan.

In the event of a food safety accident, the disease prevention and control agency at or above the county level shall conduct sanitation treatment on the scene of the accident and carry out epidemiological investigation on the factors related to the accident, and relevant departments shall provide assistance. The disease prevention and control institutions at or above the county level shall submit an epidemiological investigation report to the same level of food and drug administration and health administrative department.

Article 106 Where there is a food safety accident, the food and drug supervision and administration department of the people's government at or above the level of a municipality directly under the Central Government at the municipal level or above shall immediately investigate the accidental responsibility with the relevant department, supervise the relevant department to perform its duties, and provide the people's government at the corresponding level and the people at the higher level The government food and drug supervision and management department put forward the accident responsibility investigation and handling report.

The major food safety accidents involving more than two provinces, autonomous regions and municipalities directly under the Central Government shall be investigated by the Food and Drug Administration under the State Council in accordance with the provisions of the preceding paragraph.

Article 107 When investigating a food safety accident, it shall uphold the principle of seeking truth from facts and respecting the science, timely and accurately checking the nature and causes of the accident, identifying the liability for the accident, and proposing rectification measures.

Investigation of food safety incidents, in addition to identifying the responsibility of the accident unit, should also identify the relevant regulatory authorities, food inspection agencies, certification bodies and their staff responsibilities.

Article 108 The department in charge of investigating food safety accidents shall have the right to know the relevant circumstances of the accident with the relevant units and individuals and request relevant materials and samples. Relevant units and individuals should cooperate with them and provide relevant materials and samples according to the requirements and shall not refuse.

No unit or individual may obstruct and interfere in the investigation and handling of food safety incidents.

Chapter VIII Supervision and Management

Article 109 The food and drug administration and quality supervision departments of the people's governments at or above the county level shall, according to the monitoring of food safety risks, the results of risk assessment and the status of food safety, determine the key points, methods and frequency of supervision and administration and implement the risk management at different levels.

Local people's governments at or above the county level organize their own food and drug administration, quality supervision and agricultural administrations at their respective levels to formulate annual supervision and management plans for food safety in their own administrative areas and make them publicized and implemented in the community.

The annual food safety supervision and control plan shall include the following items as the focus of supervision and management:

(A) The main food for infants and young children and other specific groups;

(2) The behavior of adding in the production of health food products and organizing the production according to the technical requirements of registration or filing, the labeling of health food products, the instructions and the publicity materials about the functions;

(3) Food producers and operators who have a higher risk of food safety accidents;

(D) Food safety risk monitoring results show that there may be food safety issues.

Article 110 The food and drug regulatory department and the quality supervision department of the people's government at or above the county level shall perform their respective duties of food safety supervision and management and shall have the right to take the following measures to supervise and inspect the compliance of this Law with the production and business operators:

(A) To enter the production and operation sites to implement on-site inspection;

(2) Carrying out sampling inspection on the food products, food additives and food-related products produced and handled;

(3) To inspect and copy the relevant contracts, bills, books and other relevant materials;

(D) Seizure, seizure of evidence that does not meet the food safety standards or there is evidence of potential safety hazards as well as for the illegal production and operation of food, food additives, food-related products;

(E) Seized illegal places engaged in production and business activities.

Article 111 Before the formulation and revision of food safety standards, the health administrative department under the State Council shall, in a timely manner, make provisions in the food provisions in the food products in a timely manner in accordance with the provisions of the Food Safety Risk Assessment of Proved Food Safety Risk and the need to formulate and amend the food safety standards. Temporary limit value of harmful substances and temporary test methods, as the basis for production and management and supervision and management.

Article 112 The food and drug supervision and administration department of the people's government at or above the county level may, in the course of food safety supervision and administration, carry out spot checks on foodstuffs by adopting the rapid test methods specified by the state.

The sampling test results show that may not meet the food safety standards of food should be in accordance with the provisions of Article 87 of this Act to be tested. Spot checks to determine the results of the food does not meet food safety standards, can be used as the basis for administrative penalties.

Article 113 The food and drug supervision and administration department of the people's government at or above the county level shall establish a food safety credit file for food production and business operators, record the issuance of permits, the results of routine supervision and inspection, the investigation and punishment of illegal acts, etc., and announce to the public and update in real time ; Increase the frequency of supervision and inspection of food producers and operators that have bad credit records; and may notify the competent investment departments, securities regulatory authorities and relevant financial institutions of food production and business operators with serious violations of the law.

Article 114 Where there is a potential food safety hazard in the process of food production and operation and the measures are not taken promptly to eliminate it, the food and drug supervision and administration department of the people's government at or above the county level may be responsible for the legal representative or chief responsible person of the food production and operator Interview. Food producers and traders should take immediate measures to rectify and eliminate hidden dangers. The status of appointment and rectification should be included in the food safety credit file of the food producer and trader.

Article 115 The departments of food and drug administration, quality supervision and other departments of the people's government at or above the county level shall publish the e-mail address or telephone number of their department and shall receive consultation, complaint and report. Upon receipt of the consultation, complaint or report, if the department belongs to this department, it shall accept the case and timely reply, verify and handle it within the statutory time limit. If it does not belong to the department, it shall be handed over to the department that has the right to handle and inform the department in written form. Whistleblower. Departments that have the right to deal with should be promptly handled within the statutory time limit and may not push. To verify the report is true, whistleblower incentives.

Relevant departments shall keep the informants' information in confidence and protect the lawful rights and interests of informants. Where a whistleblower reports an enterprise, the enterprise may not retaliate against the whistleblower by releasing, changing a labor contract or otherwise.

Article 116 The food and drug administration and quality supervision departments of the people's government at or above the county level shall strengthen the training of law enforcement officials on food safety laws, regulations, standards, professional knowledge and law enforcement ability, and organize the examination. Do not have the appropriate knowledge and ability, shall not engage in food safety law enforcement.

Food production operators, food industry associations, consumer associations and other law enforcement officers found that food safety law enforcement officers in violation of laws and regulations in the process of conduct and non-standard law enforcement activities can be at the same level or higher people's government food and drug supervision and management, Quality supervision departments or supervisory organs complain and report. The department or organ that has received the complaint or report shall verify the situation and notify the department in charge of the food safety law enforcement officers of the verified situation. Anyone who is suspected of breaking the law or discipline shall be dealt with in accordance with this Law and the relevant provisions.

Article 117 Where the departments of food and drug supervision and administration of the people's government at or above the county level fail to detect the systematic risk of food safety in time and eliminate the hidden dangers of food safety within the supervision and management area in time, the people's government at the corresponding level may, for its principal responsible person Conduct a contract of responsibility.

Where the local people's government fails to perform its duties of food safety and fails to promptly eliminate hidden dangers of major food safety in the region, the higher people's government at higher levels may hold an account of responsibility on the principal responsible persons.

The food and drug administrations and other departments to be interviewed and the local people's governments shall immediately take measures to rectify the supervision and management of food safety.

The appointment of responsibility and the rectification shall be included in the appraisals and assessment records of the food safety supervision and management of the local people's governments and relevant departments.

Article 118 The state establishes a unified food safety information platform and implements the system of unveiling the uniform information on food safety. The state food safety general situation, food safety risk warning information, major food safety accidents and their investigation and handling information, and other information that the State Council determines that they need to be uniformly announced shall be promulgated by the food and drug regulatory department under the State Council. Food safety risk warning information and major food safety incidents and investigation of the impact of information processing is limited to a particular area, but also by the provinces, autonomous regions and municipalities directly under the Central Government Food and Drug Administration announced. The above information may not be released without authorization.

People's governments at or above the county level food and drug administration, quality supervision, agricultural administration according to their respective responsibilities to publish daily food safety supervision and management information.

Publish food safety information, it should be accurate, timely, and make the necessary explanations to avoid misleading consumers and public opinion.

Article 119 Any local administrative department of food and drug administration at the county level or above, the administrative department of public health, the department of quality control and the administrative department of agriculture who receives the information that needs to be uniformly promulgated by the provisions of this Law shall report to the competent department at a higher level and immediately report to the competent department at a higher level The State Food and Drug Administration may, if necessary, report directly to the food and drug administration under the State Council.

People's governments at or above the county level food and drug administration, health administration, quality supervision, agricultural administrative departments shall inform each other informed of food safety information.

Article 120 No unit or individual may fabricate or distribute false food safety information.

Where the food and drug regulatory department of the people's government at or above the county level finds any food safety information that may mislead consumers and public opinion, it shall immediately organize the relevant departments, professional institutions, relevant food producers and operators to verify and analyze the results and publish the results in time.

Article 121 Where any food and drug regulatory department or quality supervision department of the people's government at or above the county level finds any suspected crime of food safety, it shall promptly transfer the case to the public security organ in accordance with the relevant provisions. The transfer of cases, the public security organs should be promptly reviewed; think there is a criminal need to be held criminally responsible, it should file for investigation.

In the course of the investigation of food safety crime cases, the public security organ considers that there is no criminal fact or that the criminal facts are obviously minor and do not need to be investigated for criminal responsibility. However, if the administrative responsibilities should be investigated in accordance with the law, the public security organ should promptly transfer the case to the food and drug administration and quality supervision departments The supervisory authority and the relevant department shall handle it according to law.

Where a public security organ requests the departments of food and drug administration, quality supervision and environmental protection departments to provide examination conclusions, determine opinions and provide harmless treatment for the involved items, the relevant departments shall provide and assist them promptly.

Chapter IX Legal Liability

Article 122 Whoever, in violation of the provisions of this Law, engages in food production and business activities without obtaining a food production and operation license or without food additives production license and engaged in food additive production activities, shall be confiscated by the food and drug supervision and administration department of the people's government at or above the county level Illegal gains and illegal production and operation of food, food additives and used for illegal production and operation of tools, equipment, raw materials and other items; Illegal production and operation of food, food additives value less than 10,000 yuan, and more than 50,000 yuan A fine of less than 10,000 yuan; the value of goods more than 10,000 yuan, and the value of the goods more than ten times the amount of twenty times the following fine.

Anyone who knowsingly engages in the illegal activities prescribed in the preceding paragraph and still provides them with production and business premises or other conditions shall be ordered by the food and drug administration department of the people's government at or above the county level to stop the illegal activities and confiscate their illegal gains and shall be liable for 50,000 to 100,000 yuan The following fines; so that the legitimate rights and interests of consumers have been compromised, and food, food additives producers and take joint and several liability.

Article 123 Anyone who violates the provisions of this Law by one of the following circumstances and does not yet constitute a crime shall be subject to the confiscation of illegal gains and illegal production and operation of food by the food and drug supervision and administration department of the people's government at or above the county level, Illegal production and operation of tools, equipment, raw materials and other items; Illegal production and operation of the food value of less than 10,000 yuan, and 100,000 yuan more than 150,000 fine; value of more than 10,000 yuan, and 15 times the value of the value of more than 30 times the fine; the circumstances are serious, to revoke the permit, and may be directly responsible for the public security organs and other personnel directly responsible for more than five days the following detained:

(1) Producing food with non-food raw materials, adding chemical substances other than food additives and other substances that may endanger human health in the food, or using the recovered food as the raw material to produce food or operate the above-mentioned food;

(B) The production and operation of nutritional content does not meet the food safety standards specifically for infants and young children and other specific groups of primary and secondary food;

(3) Operating the meat of poultry, livestock, beasts and aquatic animals that have died, are poisoned or whose cause of death is unknown, or produce or manage their products;

(4) Engaging in the business of failing to carry out the quarantine inspection or quarantine inspection of unqualified meat, or producing or selling unqualified meat products;

(5) The production and operation countries explicitly ban the production and operation of foodstuffs for special needs such as disease prevention;

(F) Production and operation of drugs to add food.

Anyone who knowsingly engages in the illegal activities prescribed in the preceding paragraph and still provides them with premises for production or business operations or other conditions shall be ordered by the food and drug regulatory department of the people's government at or above the county level to stop the illegal activities and confiscate the illegal gains and impose illegal income of 100,000 to 200,000 Shall be fined not more than RMB Yuan. Where the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the food producer and operator.

Anyone who violates the law by using highly toxic or highly toxic pesticides may be given a detention by the public security organ in accordance with the provisions of the first paragraph except in accordance with the relevant laws and regulations.

Article 124 Anyone who violates the provisions of this Law by one of the following circumstances and does not yet constitute a crime shall be subject to the confiscation of illegal gains and the illegal production and operation of foodstuffs and food additives by the food and drug supervision and administration department of the people's government at or above the county level, Confiscate the tools, equipment, raw materials and other items used for the illegal production and operation; if the value of the food or food additive illegally produced or sold is less than 10,000 yuan, a fine of 50,000 to 100,000 yuan shall be imposed; a fine of 10,000 yuan Above, and impose a fine of more than ten times but not more than 20 times of the value of the goods; if the circumstances are serious, the license of revocation:

(1) Food and food additives that produce and manage pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants and other substances that endanger the health of human beings in excess of the food safety standards;

(2) Producing foodstuffs, food additives or foodstuffs or food additives with foodstuffs and food additives over the shelf life;

(C) The production and operation of ultra-range, ultra-limited use of food additives in food;

(D) The production and operation of spoilage, rancidity, moldy pests, dirty unclean, mixed with foreign body, adulteration doping or abnormal sensory properties of food, food additives;

(E) Production and operation marked false production date, shelf life or more than the shelf life of food, food additives;

(6) Organizing the production of health food, special medical use formula food, infant formula milk powder which has not been registered as required, or failing to follow the technical requirements of the registered product formula and production technology;

(7) Producing infant formula milk powder by means of aliquoting or producing infant formula milk powder of different brands under the same formula by the same enterprise;

(8) The use of new foodstuffs to produce foodstuffs, or the production of new foodstuff additives varieties, fail the safety assessment;

(9) After the food and drug supervision and administration department ordered the food production and operation department to order it to recall or cease operation, it refused to recall or cease its operation.

Except as provided in the preceding paragraph and Articles 123 and 125 of this Law, production and operation of food and food additives that do not conform to laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph. .

Production of new varieties of food-related products that fail the safety assessment or produce food-related products that do not meet the food safety standards shall be punished by the quality supervision department of the people's government at or above the county level in accordance with the provisions of the first paragraph.

Article 125 Anyone who violates the provisions of this Law by one of the following circumstances shall be subject to the confiscation of illegal incomes and foods and food additives illegally produced and handled by the food and drug supervision and administration department of the people's government at or above the county level, If the value of the food or food additive illegally produced or sold is less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed and a fine of more than 10,000 yuan in value shall be imposed. The value of the goods shall be fined not less than five times but not more than ten times the value of the goods; if the circumstances are serious, the company shall be ordered to suspend production and suspension of business until the license is revoked:

(1) Production and operation of food contaminated by packaging materials, containers, means of transport, food additives;

(2) The production and operation of unlabeled prepackaged foodstuffs, food additives or labels, the instructions of which do not conform to the provisions of this Law;

(C) Production and operation of genetically modified food is not required to be marked;

(4) Food producers and traders purchase or use food raw materials, food additives and food-related products that do not meet the food safety standards.

Producers and traders of food, food additives labels, manual flaws but does not affect food safety and will not cause consumer misleading by the people's government at or above the county food and Drug Administration shall order correction; refused to correct, at 2000 Yuan fine.

Article 126 Whoever violates the provisions of this Law by one of the following circumstances shall be ordered by the food and drug administration department of the people's government at or above the county level to make corrections and be given a warning; if refuses to make corrections, the department in charge of food and drug administration under the people's government at or above the county level shall be sentenced to not more than 50,000 yuan Fine; serious cases, shall be ordered to suspend production until the revocation of permits:

(1) The producers of food products and food additives fail to inspect the purchased food raw materials, food products and food additives as required;

(2) The food production and operation enterprise fails to establish the food safety management system as required or fails to equip or train the food safety management personnel as required;

(3) Producers and traders of food and food additives fail to examine the permits and relevant supporting documents upon purchase, or fail to establish and comply with the purchase inspection record, the factory inspection record and the sales record system as required;

(4) The food production and operation enterprise has not formulated the food safety accident disposal plan;

(5) Containers for utensils, drinkware and direct-in-use foodstuffs are not cleaned, disinfected or disinfected before use, or the catering service facilities and equipment are not regularly maintained, cleaned and checked according to the provisions;

(6) Where a food producer or trader arranges for personnel not to obtain a health certificate or suffering from food safety diseases prescribed by the health administrative department under the State Council to engage in direct exposure to food,

(7) The food dealer fails to sell food as required;

(8) If the health food manufacturer fails to make the filing with the food and drug administration department according to the provisions, or fails to organize the production according to the technical requirements of the formulated product formula and production process,

(I) An infant formula manufacturer fails to keep a record for food and drug administrations with food ingredients, food additives, product formulas and labels;

(10) Where a special food manufacturer fails to establish a production quality management system as required and operates effectively, or fails to submit a self-inspection report on a regular basis;

(11) Food producers and traders do not check and appraise the status of food safety regularly, or the conditions of production and operation have changed and are not dealt with according to the provisions;

(12) The centralized meal units such as schools, nurseries, pension institutions and construction sites fail to fulfill their food safety management responsibilities as required;

(13) Food production enterprises and catering service providers fail to formulate and implement the control requirements of the production and operation process as required.

Tableware, drinking fountains concentrated disinfection service units in violation of the provisions of this Law, the use of water, the use of detergents, disinfectants, or factory cutlery, drinking utensils failed to comply with the requirements and with the certificate of disinfection, or not in the independent packaging marked on the relevant The contents 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 preceding paragraph.

If the food-related product producer fails to inspect the food-related products produced according to the provisions, the quality supervision department of the people's government at or above the county level shall impose a punishment according to the provisions of the first paragraph.

Anyone who sells agricultural products sellers in violation of the provisions of Article 65 of this Law shall be punished by the food and drug supervision and administration department of the people's government at or above the county level according to the provisions of the first paragraph.

Article 127 The penalties for the illegal acts of food production and processing workshops, food vendors, etc. shall be implemented in accordance with the specific management measures formulated by the provinces, autonomous regions and municipalities directly under the Central Government.

Article 128 Whoever, in violation of the provisions of this Law, fails to dispose or report accidental food safety incidents, shall be ordered to make corrections by relevant competent departments according to their respective duties and responsibilities and be given a warning; if the relevant evidences are concealed, falsified or destroyed, They shall be ordered to stop production and to suspend business operations, the illegal gains shall be confiscated and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; if serious consequences are caused, the permit shall be revoked.

Article 129 Anyone who violates the provisions of this Law by one of the following circumstances shall be punished by the entry-exit inspection and quarantine agency in accordance with the provisions of Article 124 of this Law:

(1) Providing false materials and importing food, food additives and food-related products that do not meet the national standards for food safety in China;

(II) The import of foodstuffs that do not yet have the national food safety standards has not been submitted for implementation by the standards and examined by the administrative department of health under the State Council, or the import of foodstuffs made from new foodstuffs or new varieties of foodstuff additives, new varieties of foodstuffs, Failure to pass safety assessment;

(3) Failing to comply with the provisions of this Law for the export of food;

(4) After the relevant competent department orders the importer to recall the imported food in accordance with the provisions of this Law, the importer still refuses to recall it.

Where an importer fails to establish and comply with the system for recording the import and sale of foodstuffs, additives and foodstuffs, and the system of examination and approval of an exporter or manufacturer of foreign products in violation of the provisions of this Law, the entry-exit inspection and quarantine institution shall give it according to Article 126 of this Law Punishment.

Article 130 Anyone who, in violation of the provisions of this Law, permits the operators of food markets not allowed to enter the market to sell food, or fails to perform the inspection, reporting and other obligations in accordance with the provisions of this Law, sponsors of counter markets, counter renters and organizers of trade fairs The food and drug supervision and administration department of the people's government at or above the county level shall order it to make corrections and confiscate the illegal gains and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; if serious consequences are caused, it shall be ordered to suspend business until the permit is revoked by the original license-issuing department; So that the legitimate rights and interests of consumers have been compromised, and food operators should bear joint and several liability.

If the edible agricultural products wholesale market violates the provisions of Article 64 of this Law, it shall bear the responsibility according to the provisions of the preceding paragraph.

Article 131 Whoever, in violation of the provisions of this Law, fails to fulfill the obligations of real-name registration, examination of permits, or failure to perform the reporting and stop the provision of online trading platform services by third-party platform providers of online food transactions, The food and drug supervision and administration department of the people's government at or above the county level shall order it to make corrections, confiscate the illegal gains and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; if serious consequences are caused, it shall be ordered to suspend business until the license is revoked by the original card issuing department; If the lawful rights and interests of the person are harmed, the food business operator shall bear the joint liability.

Consumers who purchase food through the third party platform of online food trading and whose lawful rights and interests have been harmed may claim compensation from the network food service operator or food producer. The third party platform provider of online food trading can not provide the real name, address and valid contact information of the inbound food business operator and is compensated by the third party platform provider of online food trading. After compensation from the provider of the third-party platform for online food trading, it has the right to seek compensation from the food operator or the food producer who accesses the network. Internet food trading platform for third-party providers to make more favorable commitments to consumers, they should fulfill their commitments.

Article 132 Anyone who, in violation of the provisions of this Law, fails to provide food storage, transportation and handling as required, shall be ordered by the departments of food and drug administration under the people's government at or above the county level to make corrections and be given a warning; refuses to make corrections , Ordered to stop production and business, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the license shall be revoked.

Article 133 Whoever, in violation of the provisions of this Law, refuses, obstructs or interferes with the relevant departments, agencies and their staff members in carrying out food safety supervision and inspection, accident investigation and handling, risk monitoring and risk assessment in accordance with the law shall, according to their respective duties and responsibilities, Division of labor shall be ordered to suspend production and to suspend business and a fine of not less than 2,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the license shall be revoked; if a violation of law and order administrative act is constituted, the public security organ shall give the public security organ a punishment according to law.

Anyone who, in violation of the provisions of this Law, takes any action against the whistleblower in the form of dissolution, alteration of a labor contract or other means of retaliation shall be liable in accordance with the provisions of the relevant laws.

Article 134 Where food producers and traders accumulate three times within a year due to a violation of the provisions of this Law to be ordered to stop production or to suspend business operations, the food and drug supervision and administration department shall order it to suspend production and suspend business until the license is revoked.

Article 135 Food producers and traders whose licenses have been revoked and their legal representatives, persons in direct charge and other personnel directly responsible shall not apply for food production and operation permission or engage in business within five years from the date of the punishment decision Food production and management work, as food production and operation of food safety management personnel.

Food safety crime was sentenced to more than a fixed-term imprisonment, lifelong may not engage in food production and management work, nor as food production and operation of food safety management personnel.

Food producers and traders hiring staff who violate the provisions of the preceding two paragraphs shall be revoked the permit by the food and drug administration of the people's government at or above the county level.

Article 136 A food manufacturer who fulfills the obligation of inspection of goods as provided for in this Law shall be exempted if it has sufficient evidence that it does not know that the purchased food does not meet the food safety standards and can truthfully state the source of its purchase They shall confiscate their food that does not meet the food safety standards according to law; and cause personal, property or other damages, they shall be liable for compensation according to law.

Article 137 Whoever, in violation of the provisions of this Law, provides technical agencies or technicians who undertake food safety risk monitoring or risk assessment to provide false monitoring and assessment information shall, according to law, directly supervise competent technical personnel and technicians in technical institutions, Dismissed; with the qualifications of the competent authorities granted by the competent authorities to revoke the practicing certificate.

Article 138 Whoever, in violation of the provisions of this Law, a food inspection agency or a food inspection agency issues a false inspection report shall, with the qualification granted to the competent department or agency, revoke the inspection qualification of the food inspection agency and confiscate the inspection fees collected, A fine of five times or more but less than ten times the inspection fee shall be imposed and a fine of not more than 10,000 yuan for inspection fees shall be imposed and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed upon him; Disposal; lead to major food safety incidents, the immediate responsibility of the supervisors and food inspectors were dismissed.

In violation of the provisions of this Law, food inspection agencies that are subject to dismissal shall not engage in food inspection within 10 years from the date of the decision on dismissal; they are subject to criminal penalties for food safety offenses or major food safety incidents resulting from the issuance of a false inspection report Dismissed by the food inspection agency personnel may not be engaged in food testing for life. If the food inspection agency hires a person who may not engage in food inspection work, the competent department or institution that granted the qualification shall revoke the inspection qualification of the food inspection agency.

Where a food inspection agency issues a false inspection report to the detriment of the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and operator.

Article 139 Whoever, in violation of the provisions of this Law, issues a false certification conclusion by a certification body, confiscates the certification fee charged by the certification and accreditation supervision and administration department and a fine of not less than five times and not more than ten times the certification fee, and the certification fee is less than 10,000 yuan , And be fined not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, it shall be ordered to suspend business until the document of approval by the certification body is revoked and publicized to the public; and the person who is directly responsible and the person who is directly responsible shall be revoke The qualification.

If the certification body issues a false certification conclusion that harms the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and operator.

Article 140 Anyone who, in violation of the provisions of this Law, falsely advertises food products to cheat consumers or issues advertisements on health food products that have not obtained the approval documents or whose advertisement contents are inconsistent with the approval documents shall, in accordance with the Advertising Law of the People's Republic of China "The provisions of the punishment.

Where an advertiser or publisher designs, produces or publishes a fake food advertisement that harms the legitimate rights and interests of consumers, it shall bear joint and several liability with the food producer and operator.

Social organizations or other organizations or individuals recommending food to consumers in fake advertisements or other false propaganda so that the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the food producer and operator.

In violation of the provisions of this Law, food and drug supervision and administration departments, food inspection agencies and food trade associations recommend foods to consumers in the form of advertisements or other forms, and consumer organizations recommend foods to consumers by way of collecting fees or other ways of gaining profits Relevant competent departments shall confiscate the illegal gains, and give direct oversight, demotion or dismissal of competent persons directly in charge and other directly responsible personnel according to law; and if the circumstances are serious, they shall be dismissed.

If the food is falsely advertised and the circumstances are serious, the food and drug administration of the people's government at or above the provincial level shall decide to suspend the sale of the food and announce it to the public; if the food is still being sold, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the food; Illegal gains and illegal sales of food, and 20,000 yuan a fine of 50,000 yuan.

Article 141 Anyone who, in violation of the provisions of this Law, makes or distributes false food safety information constitutes a violation of law and order administration shall be punished by the public security organ for law and order administration according to law.

Where the media makes or distributes false food safety information, relevant competent authorities shall give penalties according to law and penalties shall be imposed on the persons directly in charge and other persons directly responsible for the damage; if the legitimate rights and interests of citizens, legal persons or other organizations have been harmed, such acts shall be eliminated according to law Influence, reputation restoration, compensation for damages, apology and other civil liabilities.

Article 142 Anyone who commits one of the following acts in violation of the provisions of this Law in violation of the provisions of this Law shall directly punish directly responsible executives and other personnel directly responsible for the case; if the circumstances are serious, they shall be given a downgrade or Dismissal punishment; circumstances are serious, give dismissal punishment; cause serious consequences, the principal person in charge should also resign:

(1) Failing to timely organize and coordinate the relevant departments in carrying out effective disposition of food safety accidents occurring in their own administrative areas, resulting in adverse effects or losses;

(2) Failing to organize the remediation in a timely manner for the regional food safety issues involving many links in its administrative area, resulting in adverse effects or losses;

(C) Conceal, false report, slow food safety incidents reported;

(4) A particularly serious food safety accident occurs in its own administrative area or a continuous major food safety accident occurs.

Article 143 Whoever, in violation of the provisions of this Law, violates one of the following acts of a local people's government at or above the county level shall give a direct warning to the person in charge and other personnel directly responsible for it; , Give demotion or dismissal punishment:

(1) The food safety supervision and management responsibilities of relevant departments have not been established, the working mechanism and information sharing mechanism for the entire food safety supervision and management have not been established, and the responsibility system for food safety supervision and management has not been implemented;

(2) Failing to formulate a contingency plan for food safety accidents in its own administrative region or failing to immediately establish an accident handling command organization after the occurrence of a food safety accident, and initiating an emergency plan.

Article 144 Whoever, in violation of the provisions of this Law, has any of the following acts committed by the departments of food and drug administration, health administration, quality control and agriculture administration under the people's government at or above the county level shall, in the case of any of the following acts, directly charge competent personnel and other directly responsible personnel Given a record overstepped; circumstances heavier, to be demoted or dismissed punishment; the circumstances are serious, given dismissal punishment; cause serious consequences, the principal person in charge should also resign:

(A) Conceal, false information, slow food safety incidents reported;

(2) Failure to investigate and deal with food safety accidents according to the regulations or failing to timely handle the reports of food safety incidents, causing the accidents to expand or spread;

(3) Failing to take appropriate measures in time after obtaining food, food additives and food-related products unsafe conclusions through food safety risk assessment, resulting in food safety accidents or adverse social impacts;

(4) To grant permission to applicants who do not meet the requirements or to grant permission beyond the legal authority;

(5) Failing to perform the duties of food safety supervision and management, resulting in a food safety accident.

Article 145 Anyone who, in violation of the provisions of this Law, violates one of the following acts of food and drug administration, health administration, quality supervision and agricultural administration or other departments of the people's government at or above the county level and thereby causes adverse consequences, Other directly responsible personnel to give a warning, remember or remember too much punishment; serious cases, to be demoted or dismissed; in serious cases, to be dismissed:

(1) Failing to report to the higher authorities and the people 's government at the corresponding level after failing to obtain the relevant food safety information or failing to notify each other as required;

(B) Fails to publish food safety information;

(3) Failing to perform its statutory duties, failing to cooperate in investigating and handling food safety violations, or abusing its power, neglecting its duties and favoritism.

Article 146 Food and drug administration, quality supervision and other departments in performing their duties of food safety supervision and management shall illegally carry out law enforcement measures such as inspections and enforcement and cause losses to producers and operators, and shall make compensation according to law, Responsible executives and other directly responsible personnel shall be punished according to law.

Article 147 Anyone who, in violation of the provisions of this Law, causes personal, property or other damages, shall be liable for compensation according to law. If the producer and trader's property is not sufficient to shoulder civil liability for compensation and to pay fines and penalties at the same time, it shall bear civil liability for compensation first.

Article 148 Consumers who claim damages for food that does not meet the food safety standards may claim compensation from the operator or claim damages from the producers. The producer and trader receiving the consumer compensation requirements shall implement the first responsibility system and shall first pay the compensation and shall not prevaricate. If the producer or operator belongs to the responsibility of the producer, the operator shall have the right to seek compensation from the producer after compensation; if the producer or operator belongs to the responsibility of the operator, After the right to recover the operator.

Producing foods that do not meet the food safety standards or operating food that is known to be non-conforming to food safety standards, the consumer may claim compensation from the producer or operator for ten times the price or three times the loss, in addition to claiming damages; The amount of compensation is less than one thousand yuan for one thousand yuan. However, the labeling of foods, the existence of instructions without affecting the food safety and consumer misleading flaws will not be excluded.

Article 149 Anyone who, in violation of the provisions of this Law, constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter X Supplementary Provisions

Article 150 The meaning of the following terms in this Law:

Food refers to all kinds of finished and raw materials for human consumption or consumption, as well as articles which are traditionally both traditional and traditional Chinese medicines, but not for therapeutic purposes.

Food safety means that the food is non-toxic and harmless, meets the nutrition requirements that should be provided and does not cause any acute, sub-acute or chronic harm to human health.

Pre-packaged food, refers to pre-quantitative packaging or production in packaging materials, containers of food.

Food Additives are synthetic or natural substances, including nutrition fortifiers, that are added to foods to improve food quality and color, aroma and flavor as well as the need for preservation, preservation and processing.

Packaging materials and containers for foodstuffs refer to products such as paper, bamboo, wood, metal, enamel, ceramic, plastic, rubber, natural fiber, chemical fiber, glass and other products for packaging, foodstuffs or food additives or Coatings for food additives.

Tools, equipment for the production and operation of foodstuffs refer to machinery, pipes, conveyors, containers, utensils, tableware, etc. that are in direct contact with foodstuffs or food additives during the production, sale or use of foodstuffs or food additives.

Detergents, disinfectants for foodstuffs refer to substances which are used directly for washing or disinfecting food, tableware, drinkware and tools, equipment or food packaging materials and containers in direct contact with foodstuffs.

The shelf-life of a food, which means that the food retains its quality under the indicated storage conditions.

Food-borne illness refers to infectious, toxic and other diseases caused by pathogenic factors in food, including food poisoning.

Food safety incidents, refers to food-borne diseases, food contamination and other sources of food, human health hazards or may be hazardous accidents.

Article 151 The food safety management of genetically modified food and salt, which is not provided for in this Law, shall be governed by the provisions of other laws and administrative regulations.

Article 152 The administrative measures on food safety in railway and civil aviation operations shall be formulated by the food and drug supervision and administration department under the State Council in conjunction with the relevant departments under the State Council in accordance with this Law.

The specific measures for the management of health food shall be formulated by the food and drug supervision and administration department under the State Council in accordance with this Law.

The specific administrative measures for the production activities of food-related products shall be formulated by the quality supervision department of the State Council in accordance with this Law.

The supervision and administration of food at border crossings shall be implemented by the exit and entry inspection and quarantine agencies in accordance with this Law and other relevant laws and administrative regulations.

The food safety management measures for military-only food and food for own use shall be formulated by the Central Military Commission in accordance with this Law.

Article 153 The State Council may make adjustments to the food safety supervision and management system according to actual needs.

Article 154 This law shall come into force on October 1, 2015.