Food Safety Law of the People's Republic of China文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(Adopted at the 7th Session of the Standing Committee of the 11th National People's Congress on 28 February 2009)文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Contents文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 1 General Provisions文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 2 food safety risk monitoring and assessment文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 3 food safety standards文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 4 food production and trading文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 5 Food inspection文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 6 Food import and export文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 7 handling of food safety incidents文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 8 Supervision and administration文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 9 legal liability文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 10 Supplementary provisions文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 1 General Provisions文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 1 This Law is enacted in order to guarantee food safety and safeguard the physical health and life safety of the public.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 2 The following activities within the territory of the People's Republic of China shall be governed by this Law:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) food production and processing (hereinafter referred to as food production), food circulation and catering services (hereinafter referred to as food business);文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) The production and sale of food additives;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) the production and sale of packaging materials, containers, detergents, and disinfectants for food, as well as tools and equipment used in food production and operation (hereinafter referred to as food-related products);文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(iv) food producers and businesses use food additives and food-related products;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) The safety management of food, food additives, and food-related products.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The quality and safety management of primary agricultural products for consumption derived from agriculture (hereinafter referred to as edible agricultural products) shall be governed by the provisions of the Agricultural Product Quality Safety Law of the People's Republic of China. However, the formulation of quality and safety standards concerning edible agricultural products and the publication of information regarding the safety of edible agricultural products shall be governed by the relevant provisions of this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 3 Food producers and traders shall engage in production and trading activities in accordance with laws, regulations and food safety standards, be responsible to society and the public, ensure food safety, accept public supervision, and assume social responsibility.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 4 The State Council shall establish a food safety committee, the working responsibilities of which shall be stipulated by the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The health administrative department of the State Council shall assume the responsibility for comprehensive coordination of food safety, and shall be responsible for food safety risk assessment, formulation of food safety standards, release of food safety information, formulation of qualification accreditation conditions and inspection specifications for food inspection agencies, and organisation of the investigation and handling of major food safety accidents.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The quality supervision, administration for industry and commerce, and food and drug supervision and administration departments of the State Council shall, in accordance with this Law and the responsibilities defined by the State Council, respectively implement supervision and management over food production, food circulation, and catering service activities.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 5 Local people's governments at or above the county level shall assume unified responsibility for, lead, organise and coordinate the supervision and administration of food safety within their respective administrative areas, and establish and improve a working mechanism for the whole-process supervision and administration of food safety; uniformly lead and command the response work to food safety emergencies; and improve and implement the responsibility system for food safety supervision and administration, and evaluate and assess the departments for food safety supervision and administration.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Local people's governments at or above county level shall, in accordance with this Law and the provisions of the State Council, determine the food safety supervision and administration duties of the departments of health administration, agriculture administration, quality supervision, administration for industry and commerce, and food and drug supervision and administration at their respective levels. The relevant departments shall be responsible for food safety supervision and administration within their respective administrative regions and within the scope of their respective duties.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Agencies established in lower-level administrative areas by departments of higher-level people's governments shall, under the unified organisation and coordination of the people's governments at their localities, properly carry out food safety supervision and management work in accordance with the law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 6 Health administrative, agricultural administrative, quality supervision, administration for industry and commerce, and food and drug supervision management departments at or above the county level shall strengthen communication, closely cooperate, exercise their functions and powers in accordance with the law according to their respective division of duties, and assume responsibility.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 7 Food industry associations shall strengthen industry self-regulation, guide food producers and traders in lawful production and operation, promote the building of industry integrity, and publicise and disseminate food safety knowledge.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 8 The State encourages social organisations and grassroots autonomous organisations of the masses to carry out work on the popularisation of food safety laws, regulations, food safety standards and knowledge, to advocate healthy dietary practices, and to enhance consumers' food safety awareness and self-protection capabilities.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
News media shall carry out public service advertising on food safety laws, regulations, standards and knowledge, and exercise public opinion supervision over acts in violation of this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 9 The State encourages and supports the conduct of basic and applied research related to food safety, and encourages and supports food producers and traders in adopting advanced technologies and advanced management practices to improve food safety levels.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 10 Any organisation or individual has the right to report violations of this Law in food production and business operations, the right to obtain food safety information from relevant departments, and the right to put forward opinions and suggestions regarding food safety supervision and management work. 文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 2 Food safety risk monitoring and assessment文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 11 The State shall establish a food safety risk monitoring system to monitor food-borne diseases, food contamination, and harmful factors in food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The health administrative department of the State Council, in conjunction with the relevant departments of the State Council, shall formulate and implement the national food safety risk monitoring plan. The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the national food safety risk monitoring plan and in light of the specific conditions of their respective administrative regions, organise the formulation and implementation of the food safety risk monitoring programmes for their respective administrative regions.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 12 Where the relevant departments of the State Council, such as those for agricultural administration, quality supervision, administration for industry and commerce, and the State Food and Drug Administration, obtain information regarding food safety risks, they shall immediately notify the health administrative department of the State Council. After verifying the information in conjunction with the relevant departments, the health administrative department of the State Council shall promptly adjust the food safety risk monitoring plan.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 13: The State shall establish a food safety risk assessment system to conduct risk assessments on biological, chemical, and physical hazards in food and food additives.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The health administrative department of the State Council shall be responsible for organising food safety risk assessment work, and shall establish a food safety risk assessment expert committee composed of experts in fields such as medicine, agriculture, food and nutrition to conduct food safety risk assessments.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Experts from the Food Safety Risk Assessment Expert Committee shall participate in the safety evaluations of pesticides, fertilisers, growth regulators, veterinary drugs, feeds, and feed additives.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food safety risk assessment shall be conducted using scientific methods based on food safety risk monitoring information, scientific data and other relevant information.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 14 Where the health administrative department of the State Council discovers that food may pose a safety hazard through food safety risk monitoring or upon receiving a report, it shall immediately organise an inspection and food safety risk assessment.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 15. The relevant departments of the State Council, including agriculture administration, quality supervision, administration for industry and commerce, and food and drug administration, shall submit suggestions on food safety risk assessment to the health administration department of the State Council, and provide relevant information and data.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The health administration department of the State Council shall promptly inform the relevant departments of the State Council of the results of food safety risk assessments.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 16 Food safety risk assessment results shall serve as the scientific basis for formulating and revising food safety standards and for implementing supervision and management regarding food safety.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where the results of a food safety risk assessment lead to the conclusion that food is unsafe, the State Council departments for quality supervision, administrative industry and commerce, and food and drug supervision shall immediately take corresponding measures in accordance with their respective responsibilities to ensure the cessation of production and operation of such food, and inform consumers to stop consumption; where it is necessary to formulate or revise relevant national food safety standards, the State Council health administrative department shall formulate or revise them immediately.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 17 The health administration department of the State Council, in conjunction with the relevant departments of the State Council, shall conduct a comprehensive analysis of food safety conditions based on the results of food safety risk assessments and food safety supervision and management information. For foods that are indicated by the comprehensive analysis as potentially having a relatively high degree of safety risk, the health administration department of the State Council shall issue a food safety risk warning in a timely manner and publish it.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 3 Food Safety Standards文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 18 The formulation of food safety standards shall aim to safeguard the public physical health, and shall be scientific, reasonable, safe and reliable.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 19 Food safety standards shall be compulsory standards. No other compulsory standards for food shall be formulated other than food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 20 Food safety standards shall include the following contents:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) limits on pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, contaminants, and other substances harmful to human health in food and food-related products;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) the types, scope of use, and dosage of food additives;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) nutritional composition requirements for main and supplementary foods specially supplied to infants, young children, and other specific population groups;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(iv) Requirements regarding labelling, identification and instructions related to food safety and nutrition;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Hygiene requirements for the food production and trading process;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(6) quality requirements relating to food safety;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(7) Food inspection methods and procedures;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(8) Other matters that need to be formulated as food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 21: National food safety standards shall be formulated and promulgated by the health administrative department of the State Council, and the standardization administrative department of the State Council shall provide the national standard numbers.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Limits on pesticide residues and veterinary drug residues in food, together with their inspection methods and procedures, shall be formulated by the administrative department for health under the State Council and the administrative department for agriculture under the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Regulations for the inspection of slaughtered livestock and poultry shall be formulated by the competent department concerned of the State Council in conjunction with the health administration department of the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where national product standards involve provisions stipulated in national food safety standards, they shall be consistent with the national food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 22 The administrative department for health under the State Council shall integrate the currently effective mandatory standards among edible agricultural product quality and safety standards, food hygiene standards, food quality standards and relevant food industry standards, and shall uniformly promulgate them as national food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Before the national food safety standards stipulated in this Law are published, food producers and traders shall produce and trade food in accordance with the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards, and relevant food industry standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 23. National food safety standards shall be adopted through review by the National Food Safety Standard Review Committee. The National Food Safety Standard Review Committee shall be composed of experts in fields such as medicine, agriculture, food and nutrition, as well as representatives from relevant departments under the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
National food safety standards shall be formulated based on the results of food safety risk assessments, with full consideration given to the risk assessment results of edible agricultural product quality and safety, by making reference to relevant international standards and international food safety risk assessment results, and by extensively listening to the opinions of food producers, traders and consumers.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 24 Where there are no national food safety standards, local food safety standards may be formulated.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in organising the formulation of local food safety standards, refer to the provisions of this Law concerning the formulation of national food safety standards, and shall report them to the health administrative department of the State Council for the record.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 25 Where food produced by an enterprise has no national or local food safety standards, the enterprise shall formulate an enterprise standard to serve as the basis for organising production. The State encourages food production enterprises to formulate enterprise standards that are stricter than national or local food safety standards. Enterprise standards shall be filed with the provincial-level health administrative department and shall apply within the enterprise itself.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 26 Food safety standards shall be made available for public consultation free of charge.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter 4 Food Production and Trading文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 27: Food production and trading shall comply with food safety standards and meet the following requirements:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) have premises for food ingredient handling, food processing, packaging, storage and the like that are suited to the types and quantities of food produced and operated, keep the environment of such premises clean, and maintain the prescribed distances from toxic or hazardous premises and other sources of pollution;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) having production and business equipment or facilities appropriate to the varieties and quantities of food produced and operated, as well as corresponding equipment or facilities for disinfection, changing clothes, hand-washing, lighting, ventilation, antiseptic treatment, dust prevention, fly prevention, rat prevention, insect prevention, washing, and the treatment of wastewater and the storage of garbage and waste;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) having food safety technical and managerial personnel, as well as rules and regulations to ensure food safety;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(iv) having a rational equipment layout and technological process to prevent cross-contamination between food to be processed and ready-to-eat food, and between raw materials and finished products, and to avoid food coming into contact with toxic or unclean substances;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Tableware, drinking utensils and containers holding food for direct consumption shall be washed and disinfected before use; cookers and utensils shall be washed after use and kept clean;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(6) Containers, tools and equipment used for the storage, transportation and loading/unloading of food shall be safe, harmless and kept clean to prevent food contamination. They shall also meet special requirements such as temperature conditions necessary to ensure food safety, and shall not be transported together with toxic or harmful substances.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(7) Direct-consumption food shall be in small packages or use non-toxic, clean packaging materials and tableware;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(8) Food production and trading personnel shall maintain personal hygiene, wash their hands and wear clean work clothes and hats when producing and trading food; and use non-toxic and clean sales tools when selling unpackaged direct-consumption food;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(9) Water used shall comply with the national hygiene standards for drinking water;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(10) Detergents and disinfectants used shall be safe and harmless to human health;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(11) Other requirements stipulated by laws and regulations.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 28: The production and operation of the following foods is prohibited:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Food produced using non-food raw materials, food added with chemical substances other than food additives and other substances that may be harmful to human health, or food produced using recovered food as raw material;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) food in which the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances hazardous to human health exceeds the limit specified in food safety standards;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) baby and toddler foods and other staple and supplementary foods for specific populations whose nutritional components do not comply with food safety standards;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Food that is putrid, deteriorated, rancid, moldy, infested with insects, filthy and unclean, mixed with foreign matter, adulterated or doped, or abnormal in sensory characteristics;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Meat and meat products of poultry, livestock, beasts, or aquatic animals that died of disease, poisoning, or unknown causes of death;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(6) Meat that has not been quarantined by an animal health supervision institution or has failed quarantine, or meat products that have not been inspected or have failed inspection;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(7) Food contaminated by packaging materials, containers, transport vehicles, or the like;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(8) Food beyond its shelf life;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(9) Prepackaged food without labels;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(10) Food whose production and operation are expressly prohibited by the State for special needs such as disease prevention;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(11) Other food that does not conform to food safety standards or requirements.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 29 The State implements a licensing system for food production and operation. Those engaged in food production, food circulation, and catering services shall obtain food production licenses, food circulation licenses, and catering service licenses in accordance with the law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
A food producer that has obtained a food production license and sells the food it produces at its production site does not need to obtain a food circulation license; a catering service provider that has obtained a catering service license and sells the food it makes and processes at its catering service site does not need to obtain food production and circulation licenses; an individual farmer who sells self-produced edible agricultural products does not need to obtain a food circulation license.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Small food production and processing workshops and food vendors engaged in food production and operation activities shall meet the food safety requirements stipulated in this Law that are compatible with their scale and conditions of production and operation, and ensure that the food they produce and operate is hygienic, nontoxic, and harmless. The relevant departments shall strengthen supervision and administration over them, and the specific administrative measures shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 30 Local people's governments at or above the county level shall encourage small food production and processing workshops to improve production conditions, and encourage food vendors to operate in fixed premises such as centralized trading markets and shops.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 31 The quality supervision, industry and commerce administration, and food and drug supervision and administration departments at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, review the relevant materials submitted by applicants as required by Items 1 through 4 of Article 27 of this Law, and when necessary conduct on-site verification of the applicant's production and operation premises; if the prescribed conditions are met, they shall decide to grant the license; if the prescribed conditions are not met, they shall decide not to grant the license and explain the reasons in writing.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 32 Food production and operation enterprises shall establish and improve their own food safety management systems, strengthen training for employees on food safety knowledge, assign full-time or part-time food safety management personnel, perform well the inspection of the food they produce and operate, and engage in food production and operation activities in accordance with the law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 33 The State encourages food production and operation enterprises to meet the requirements of good manufacturing practices and to implement hazard analysis and critical control point systems to improve the level of food safety management.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
For food production and operation enterprises that have been certified under good manufacturing practices and hazard analysis and critical control point systems, the certification bodies shall conduct follow-up investigations in accordance with the law; for enterprises that no longer meet the certification requirements, they shall revoke the certification in accordance with the law, promptly notify the relevant quality supervision, industry and commerce administration, and food and drug supervision and administration departments, and announce this to the public. Certification bodies shall not charge any fees for conducting follow-up investigations.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 34 Food production and operation operators shall establish and implement a health management system for employees. Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever, and viral hepatitis, as well as persons suffering from diseases that hinder food safety such as active pulmonary tuberculosis and purulent or exudative skin diseases, shall not engage in work that involves direct contact with ready-to-eat food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food production and operation personnel shall undergo a health examination every year and may begin work only after obtaining a health certificate.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 35 Producers of edible agricultural products shall use agricultural inputs such as pesticides, fertilizers, growth regulators, veterinary drugs, feed, and feed additives in accordance with food safety standards and relevant State regulations. Enterprises producing edible agricultural products and specialized farmers' cooperative economic organizations shall establish a production record system for edible agricultural products.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Agricultural administrative departments at or above the county level shall strengthen the management and guidance of the use of agricultural inputs and establish and improve a safe use system for agricultural inputs.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 36 Food producers purchasing food raw materials, food additives, and food-related products shall verify the supplier's license and product qualification certification documents; for food raw materials for which qualification certification documents cannot be provided, they shall conduct inspection in accordance with food safety standards; they shall not purchase or use food raw materials, food additives, and food-related products that do not conform to food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food production enterprises shall establish a system of records for the inspection of purchased food raw materials, food additives, and food-related products, and truthfully record contents such as the name, specifications, quantity, supplier name and contact information, and date of purchase of the food raw materials, food additives, and food-related products.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Records of inspection of purchased food raw materials, food additives, and food-related products shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 37 Food production enterprises shall establish a system of records for factory inspection of food, verify the inspection qualification certificate and safety status of food leaving the factory, and truthfully record contents such as the name, specifications, quantity, production date, production batch number, inspection qualification certificate number, purchaser name and contact information, and sales date of the food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Records of factory inspection of food shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 38 Producers of food, food additives, and food-related products shall inspect the food, food additives, and food-related products they produce in accordance with food safety standards, and may leave the factory or sell them only after they pass inspection.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 39 Food operators purchasing food shall verify the supplier's license and food qualification certification documents.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food operation enterprises shall establish a system of records for the inspection of purchased food, and truthfully record contents such as the name, specifications, quantity, production batch number, shelf life, supplier name and contact information, and date of purchase of the food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Records of inspection of purchased food shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
For food operation enterprises that adopt a unified distribution and operation model, the enterprise headquarters may uniformly verify the supplier's license and food qualification certification documents and conduct records of inspection of purchased food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 40 Food operators shall store food in accordance with the requirements for ensuring food safety, regularly inspect inventory food, and promptly clean up food that has deteriorated or exceeded its shelf life.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 41 Where food operators store bulk food, they shall indicate at the storage location contents such as the name, production date, shelf life, producer name, and contact information of the food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where food operators sell bulk food, they shall indicate on the containers and outer packaging of the bulk food contents such as the name, production date, shelf life, producer or operator name, and contact information of the food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 42 Prepackaged food shall bear a label on its packaging. The label shall indicate the following matters:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Name, specifications, net content, and production date;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Ingredient list or formula list;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Producer's name, address, and contact information;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Shelf life;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Product standard code;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(6) Storage conditions;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(7) Common names in national standards of the food additives used;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(8) Production license number;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(9) Other matters that must be indicated as required by laws, regulations, or food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
For staple and supplementary foods specially for infants and young children and other specific populations, their labels shall also indicate the main nutritional components and their contents.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 43 The State implements a licensing system for the production of food additives. The conditions and procedures for applying for a food additive production license shall be implemented in accordance with the State regulations on the administration of production licenses for industrial products.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 44 Units or individuals applying to use new food raw materials to engage in food production or to engage in production activities involving new varieties of food additives or new varieties of food-related products shall submit safety assessment materials for the relevant products to the health administrative department of the State Council. The health administrative department of the State Council shall, within 60 days from the date of receiving the application, organize a review of the safety assessment materials for the relevant products; if the food safety requirements are met, it shall decide in accordance with the law to grant the license and announce it; if the food safety requirements are not met, it shall decide not to grant the license and explain the reasons in writing.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 45 Food additives may be included in the scope of permitted use only when they are technically necessary and have been proven safe and reliable through risk assessment. The health administrative department of the State Council shall, based on technical necessity and the results of food safety risk assessment, promptly revise the standards for the varieties, scope of use, and dosage of food additives.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 46 Food producers shall use food additives in accordance with the provisions of food safety standards on the varieties, scope of use, and dosage of food additives; they shall not use chemical substances other than food additives or other substances that may endanger human health in food production.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 47 Food additives shall have labels, instructions, and packaging. The labels and instructions shall state the matters specified in Items 1 through 6, Item 8, and Item 9 of Paragraph 1 of Article 42 of this Law, as well as the scope of use, dosage, and method of use of the food additive, and the words “food additive” shall be stated on the label.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 48 The labels and instructions of food and food additives shall not contain false or exaggerated content, and shall not involve disease prevention or treatment functions. Producers shall be responsible for the content stated on the labels and instructions.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The labels and instructions of food and food additives shall be clear, conspicuous, and easy to identify.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food and food additives that do not conform to the contents stated on their labels and instructions shall not be placed on the market for sale.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 49 Food business operators shall sell prepackaged food in accordance with the requirements of the warning signs, warning instructions, or precautions indicated on the food labels.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 50 Drugs shall not be added to food produced or operated, but substances that are traditionally both food and Chinese medicinal materials may be added. The catalogue of substances that are traditionally both food and Chinese medicinal materials shall be formulated and published by the health administrative department of the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 51 The State exercises strict supervision over food claimed to have specific health functions. The relevant supervisory and administrative departments shall perform their duties in accordance with the law and bear responsibility. Specific administrative measures shall be prescribed by the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food claimed to have specific health functions shall not cause acute, subacute, or chronic harm to the human body. Its labels and instructions shall not involve disease prevention or treatment functions, and the contents must be truthful. They shall state the suitable population, unsuitable population, functional ingredients or marker components and their contents, etc.; the functions and ingredients of the product must be consistent with the labels and instructions.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 52 The organizers of centralized trading markets, counter lessors, and organizers of trade fairs shall examine the licenses of food business operators entering the venue, clarify the food safety management responsibilities of food business operators entering the venue, and regularly inspect the business environment and conditions of food business operators entering the venue. If they discover that a food business operator has violated the provisions of this Law, they shall promptly stop it and immediately report to the county-level administrative department for industry and commerce or the food and drug supervisory and administrative department in the place where it is located.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If the organizers of centralized trading markets, counter lessors, and organizers of trade fairs fail to perform the obligations prescribed in the preceding paragraph, and a food safety accident occurs in the market, they shall bear joint and several liability.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 53 The State establishes a food recall system. If a food producer discovers that the food it produces does not conform to food safety standards, it shall immediately stop production, recall the food already placed on the market for sale, notify the relevant producers, operators, and consumers, and record the recall and notification circumstances.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If a food business operator discovers that the food it operates does not conform to food safety standards, it shall immediately stop operating, notify the relevant producers, operators, and consumers, and record the circumstances of stopping operation and notification. If the food producer considers that a recall should be conducted, it shall immediately recall the food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food producers shall take measures such as remediation, harmless treatment, and destruction for recalled food, and shall report the food recall and handling circumstances to the quality supervision department at or above the county level.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If food producers or operators fail to recall or stop operating food that does not conform to food safety standards in accordance with the provisions of this Article, the quality supervision, administrative departments for industry and commerce, and food and drug supervisory and administrative departments at or above the county level may order them to recall or stop operating.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 54 The contents of food advertisements shall be truthful and lawful, shall not contain false or exaggerated contents, and shall not involve disease prevention or treatment functions.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food safety supervisory and administrative departments, institutions undertaking food inspection duties, food industry associations, and consumers associations shall not recommend food to consumers in advertisements or other forms.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 55 If social groups or other organizations or individuals recommend food to consumers in false advertisements, causing damage to the lawful rights and interests of consumers, they shall bear joint and several liability with the food producers and operators.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 56 Local people's governments at all levels encourage large-scale food production and chain operation and distribution.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter V Food Inspection文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 57 A food inspection institution may engage in food inspection activities only after obtaining qualification accreditation in accordance with the relevant provisions of the State on certification and accreditation. However, where the law provides otherwise, such provisions shall prevail.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The conditions for qualification accreditation and inspection specifications of food inspection institutions shall be prescribed by the health administrative department of the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food inspection institutions established with the approval of the relevant competent departments of the State Council or lawfully recognized before the implementation of this Law may continue to engage in food inspection activities in accordance with this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 58 Food inspection shall be independently conducted by inspectors designated by the food inspection institution.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Inspectors shall inspect food in accordance with the provisions of relevant laws and regulations and in accordance with food safety standards and inspection specifications, respect science, strictly observe professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 59 Food inspection shall implement a responsibility system of the food inspection institution and the inspectors. Food inspection reports shall be affixed with the official seal of the food inspection institution and shall have the signature or seal of the inspectors. The food inspection institution and the inspectors shall be responsible for the food inspection reports issued.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 60 Food safety supervisory and administrative departments shall not implement exemption from inspection for food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Quality supervision, administrative departments for industry and commerce, and food and drug supervisory and administrative departments at or above the county level shall conduct regular or irregular sampling inspections of food. When conducting sampling inspections, they shall purchase the samples taken and shall not charge inspection fees or any other fees.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If quality supervision, administrative departments for industry and commerce, and food and drug supervisory and administrative departments at or above the county level need to inspect food in law enforcement work, they shall entrust food inspection institutions conforming to the provisions of this Law to conduct the inspection and pay the relevant fees. If there are objections to the inspection conclusion, a re-inspection may be conducted in accordance with the law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 61 Food production and operation enterprises may inspect the food they produce by themselves, or may entrust food inspection institutions conforming to the provisions of this Law to conduct inspection.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If food industry associations and other organizations or consumers need to entrust food inspection institutions to inspect food, they shall entrust food inspection institutions conforming to the provisions of this Law to conduct the inspection.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter VI Food Import and Export文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 62 Imported food, food additives, and food-related products shall conform to the national food safety standards of our country.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Imported food shall be released by customs upon the strength of the customs clearance certificate issued by the entry-exit inspection and quarantine institution after passing inspection by the entry-exit inspection and quarantine institution.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 63 For imported food for which there are no national food safety standards yet, or for the first import of a new variety of food additive or a new variety of food-related product, the importer shall submit an application to the health administrative department of the State Council and submit relevant safety assessment materials. The health administrative department of the State Council shall make a decision on whether to grant permission in accordance with the provisions of Article 44 of this Law, and shall promptly formulate the corresponding national food safety standards.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 64 If food safety incidents occurring overseas may affect the territory of our country, or if serious food safety problems are discovered in imported food, the national entry-exit inspection and quarantine department shall promptly take risk warning or control measures and notify the health administrative, agriculture administrative, industry and commerce administrative, and national food and drug supervisory and administrative departments of the State Council. The departments receiving the notification shall promptly take corresponding measures.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 65 Exporters or agents exporting food to the territory of our country shall file records with the national entry-exit inspection and quarantine department. Overseas food production enterprises exporting food to the territory of our country shall be registered with the national entry-exit inspection and quarantine department.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The national entry-exit inspection and quarantine department shall regularly publish the list of exporters and agents that have filed records and overseas food production enterprises that have been registered.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 66 Imported prepackaged food shall have Chinese labels and Chinese instructions. The labels and instructions shall conform to the provisions of this Law and other relevant laws and administrative regulations of our country and the requirements of national food safety standards, and shall state the place of origin of the food and the name, address, and contact information of the domestic agent. Prepackaged food without Chinese labels or Chinese instructions, or whose labels or instructions do not conform to the provisions of this Article, shall not be imported.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 67 Importers shall establish a system of records for food import and sales, truthfully recording contents such as the name, specifications, quantity, production date, production or import batch number, shelf life, names and contact information of exporters and purchasers, and delivery date of the food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food import and sales records shall be truthful, and the retention period shall not be less than two years.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 68 Exported food shall be supervised and spot-checked by the entry-exit inspection and quarantine institution, and customs shall release it upon the strength of the customs clearance certificate issued by the entry-exit inspection and quarantine institution.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Export food production enterprises and planting and breeding farms for export food raw materials shall file records with the national entry-exit inspection and quarantine department.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 69 The national entry-exit inspection and quarantine department shall collect and summarize import and export food safety information and promptly notify relevant departments, institutions, and enterprises.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The national entry-exit inspection and quarantine department shall establish credit records for importers, exporters, and export food production enterprises of imported and exported food and shall publish them. For importers, exporters, and export food production enterprises with poor records, inspection and quarantine of their imported and exported food shall be strengthened.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter VII Handling of Food Safety Accidents文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 70 The State Council shall organize the formulation of a national emergency plan for food safety accidents.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, the food safety accident emergency plans of the people's government at the next higher level, and the actual local conditions, formulate food safety accident emergency plans for their administrative regions and report them to the people's government at the next higher level for the record.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food production and operation enterprises shall formulate food safety accident disposal plans, regularly inspect the implementation of various food safety preventive measures in the enterprise, and promptly eliminate hidden dangers of food safety accidents.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 71 Units where a food safety accident occurs shall immediately dispose of it to prevent the accident from expanding. The unit where the accident occurs and the unit receiving patients for treatment shall promptly report to the county-level health administrative department in the place where the accident occurs.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If the agriculture administrative, quality supervision, industry and commerce administrative, and food and drug supervisory and administrative departments discover a food safety accident in daily supervision and management, or receive a report on a food safety accident, they shall immediately notify the health administrative department.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
If a major food safety accident occurs, the county-level health administrative department receiving the report shall report to the people's government at the same level and the health administrative department of the people's government at the next higher level in accordance with regulations. The county-level people's government and the health administrative department of the people's government at the next higher level shall report upward in accordance with regulations.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
No unit or individual may conceal, falsely report, or delay reporting a food safety accident, or destroy relevant evidence.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 72: Upon receiving a report of a food safety accident, the health administrative department at or above the county level shall immediately conduct an investigation and handling in conjunction with the relevant agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments, and shall take the following measures to prevent or mitigate social harm:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Carry out emergency rescue work; for persons suffering personal injury as a result of a food safety accident, the health administrative department shall immediately organize medical treatment;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Seal up the food and its raw materials that may cause the food safety accident, and immediately conduct testing; for food and its raw materials confirmed to be contaminated, order the food producer or operator to recall, cease operating, and destroy them in accordance with the provisions of Article 53 of this Law;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Seal up contaminated food tools and utensils, and order their cleaning and disinfection;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Do a good job in information release, release information on the food safety accident and its handling in accordance with the law, and explain and clarify the possible harm.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where a major food safety accident occurs, the people's government at or above the county level shall immediately establish a food safety accident handling command body, activate the emergency plan, and handle the matter in accordance with the provisions of the preceding paragraph.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 73: Where a major food safety accident occurs, the health administrative department of the people's government at or above the level of a city divided into districts shall immediately conduct an investigation of accident responsibility in conjunction with the relevant departments, urge the relevant departments to perform their duties, and submit an investigation and handling report on accident responsibility to the people's government at the same level.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where a major food safety accident involves two or more provinces, autonomous regions, or municipalities directly under the Central Government, the health administrative department of the State Council shall organize the investigation of accident responsibility in accordance with the provisions of the preceding paragraph.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 74: Where a food safety accident occurs, the disease prevention and control institution at or above the county level shall assist the health administrative department and the relevant departments in carrying out sanitary handling at the accident site, and shall conduct an epidemiological investigation into the factors related to the food safety accident.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 75: In investigating a food safety accident, in addition to ascertaining the responsibility of the entity involved in the accident, it shall also ascertain the circumstances of dereliction of duty or misconduct in office by staff members of the regulatory departments and certification bodies responsible for supervision and administration and certification.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter VIII: Supervision and Administration文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 76: Local people's governments at or above the county level shall organize the health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at the same level to formulate an annual food safety supervision and administration plan for their administrative region, and shall organize and carry out work in accordance with the annual plan.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 77: The quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level, in performing their respective food safety supervision and administration duties, have the power to take the following measures:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Enter production and operation premises to carry out on-site inspections;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Conduct sampling inspections of food produced and operated;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Consult and copy relevant contracts, invoices, account books, and other relevant materials;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Seal up and seize food that has evidence proving it does not conform to food safety standards, illegally used food raw materials, food additives, and food-related products, as well as tools and equipment used for illegal production and operation or that have been contaminated;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Seal up premises illegally engaged in food production and operation activities.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The agricultural administration department at or above the county level shall, in accordance with the duties provided in the Agricultural Product Quality and Safety Law of the People's Republic of China, supervise and administer edible agricultural products.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 78: When the quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level conduct supervisory inspections of food producers and operators, they shall record the circumstances and handling results of the supervisory inspection. The supervisory inspection record shall be signed by the supervisory inspection personnel and the food producer or operator and then filed.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 79: The quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall establish food safety credit archives for food producers and operators, recording such circumstances as license issuance, routine supervisory inspection results, and investigation and handling of illegal acts; based on the records in the food safety credit archives, they shall increase the frequency of supervisory inspections of food producers and operators with bad credit records.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 80: When the health administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level receive consultations, complaints, or reports, if they fall within the duties of the department, they shall accept them and promptly provide replies, verify, and handle them; if they do not fall within the duties of the department, they shall notify in writing and transfer them to the department with authority to handle them. The department with authority to handle them shall handle them promptly and may not shift responsibility; if they involve a food safety accident, they shall be handled in accordance with the relevant provisions of Chapter VII of this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 81: The health administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall perform their food safety supervision and administration duties in accordance with statutory authority and procedures; for the same illegal act of a producer or operator, they may not impose an administrative penalty of a fine more than twice; if a crime is suspected, they shall transfer the case to the public security organ in accordance with the law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 82: The State establishes a unified food safety information release system. The following information shall be uniformly released by the health administrative department of the State Council:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) The overall national food safety situation;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Food safety risk assessment information and food safety risk warning information;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Information on major food safety accidents and their handling;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Other important food safety information and information determined by the State Council to require unified release.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
For the information specified in items 2 and 3 of the preceding paragraph, if its impact is limited to a specific region, it may also be released by the health administrative department of the people's government of the relevant province, autonomous region, or municipality directly under the Central Government. The agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall release routine food safety supervision and administration information in accordance with their respective duties.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food safety supervision and administration departments shall release information accurately, promptly, and objectively.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 83: Where the local health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level learn of information requiring unified release as provided in paragraph 1 of Article 82 of this Law, they shall report it to the competent department at the higher level, and the competent department at the higher level shall immediately report it to the health administrative department of the State Council; when necessary, they may report it directly to the health administrative department of the State Council.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
The health administration, agricultural administration, quality supervision, industry and commerce administration, and food and drug administration departments at or above the county level shall mutually notify each other of food safety information they learn of.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter IX: Legal Liability文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 84: Where, in violation of the provisions of this Law, a person engages in food production and operation activities without a license, or produces food additives without a license, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, food additives, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food or food additives is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than five times but not more than ten times the value shall also be imposed.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 85: Where, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than five times but not more than ten times the value shall also be imposed; if the circumstances are serious, the license shall be revoked:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Producing food with non-food raw materials or adding to food chemical substances other than food additives or other substances that may endanger human health, or producing food with recycled food as raw materials;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) food in which the content of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants, and other substances hazardous to human health exceeds the limit specified in food safety standards;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Producing or operating staple and supplementary foods specially for infants and young children and other specific groups whose nutritional composition does not conform to food safety standards;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Food that is putrid, deteriorated, rancid, moldy, infested with insects, filthy and unclean, mixed with foreign matter, adulterated or doped, or abnormal in sensory characteristics;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Operating meat of poultry, livestock, beasts, or aquatic animals that died of disease, were poisoned to death, or died of unknown causes, or producing or operating products made from meat of poultry, livestock, beasts, or aquatic animals that died of disease, were poisoned to death, or died of unknown causes;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(6) Operating meat that has not been quarantined by an animal health supervision institution or that failed quarantine, or producing or operating meat products that have not been inspected or that failed inspection;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(7) Operating food beyond its shelf life;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(8) Producing or operating food that the State has explicitly prohibited from production and operation for special needs such as disease prevention;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(9) Using new food raw materials to engage in food production, or engaging in the production of new varieties of food additives or new varieties of food-related products, without safety assessment;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(10) After the relevant competent department orders a food producer or operator to recall or cease operating food that does not conform to food safety standards, the producer or operator still refuses to recall or cease operating.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 86: Where, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, confiscate the illegal gains, the illegally produced and operated food, and tools, equipment, raw materials, and other items used for illegal production and operation; if the value of the illegally produced and operated food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall also be imposed; if the value is 10,000 yuan or more, a fine of not less than two times but not more than five times the value shall also be imposed; if the circumstances are serious, order suspension of production and business until the license is revoked:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Operating food contaminated by packaging materials, containers, transport tools, or the like;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Producing or operating prepackaged food or food additives without labels, or food or food additives whose labels or instructions do not conform to the provisions of this Law;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Food producers purchasing or using food raw materials, food additives, or food-related products that do not conform to food safety standards;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Food producers or operators adding drugs to food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 87: Where, in violation of the provisions of this Law, any of the following circumstances exists, the relevant competent departments shall, according to the division of their respective duties, order correction and give a warning; if correction is refused, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed; if the circumstances are serious, order suspension of production and business until the license is revoked:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Failing to inspect purchased food raw materials and produced food, food additives, and food-related products;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Failure to establish and comply with a inspection record system or an ex-factory inspection record system;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) Failure to file a food safety enterprise standard in accordance with the provisions of this Law;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(4) Failure to store or sell food or clear inventory food in accordance with the prescribed requirements;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(5) Failure to inspect licenses and relevant certification documents at the time of purchase;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(6) Labels or instructions of produced food or food additives involving disease prevention or therapeutic functions;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(7) Arranging persons suffering from diseases listed in Article 34 of this Law to engage in work involving direct contact with ready-to-eat food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 88 Where, in violation of the provisions of this Law, a unit involved in an accident fails to carry out disposal or report after a food safety accident occurs, the relevant competent departments shall, according to their respective functions and duties, order it to make corrections and give it a warning; if it destroys relevant evidence, it shall be ordered to suspend production or business, and shall also be fined not less than 2,000 yuan but not more than 100,000 yuan; if serious consequences are caused, the original issuing department shall revoke its license.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 89 Where, in violation of the provisions of this Law, any of the following circumstances exists, penalties shall be imposed in accordance with the provisions of Article 85 of this Law:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(1) Importing food that does not conform to China's national food safety standards;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(2) Importing food for which no national food safety standards yet exist, or importing a new variety of food additive or a new variety of food-related product for the first time without safety assessment;文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
(3) The exporter failing to comply with the provisions of this Law in exporting food.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where, in violation of the provisions of this Law, an importer fails to establish and comply with a food import and sales record system, penalties shall be imposed in accordance with the provisions of Article 87 of this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 90 Where, in violation of the provisions of this Law, the organizer of a centralized trading market, a counter lessor, or the organizer of a trade exhibition allows a food operator that has not obtained a license to enter the market to sell food, or fails to perform obligations such as inspection and reporting, the relevant competent departments shall, according to their respective functions and duties, impose a fine of not less than 2,000 yuan but not more than 50,000 yuan; if serious consequences are caused, it shall be ordered to suspend business, and the original issuing department shall revoke its license.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 91 Where, in violation of the provisions of this Law, food transportation is not carried out in accordance with the requirements, the relevant competent departments shall, according to their respective functions and duties, order correction and give a warning; if it refuses to make corrections, it shall be ordered to suspend production or business, and shall also be fined not less than 2,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the original issuing department shall revoke its license.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 92 A unit whose food production, circulation, or catering service license has been revoked, its directly responsible person in charge shall not engage in food production and operation management work for five years from the date the penalty decision is made.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where a food producer or operator employs a person who is prohibited from engaging in food production and operation management work to engage in management work, the original issuing department shall revoke its license.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 93 Where, in violation of the provisions of this Law, a food inspection institution or food inspector issues a false inspection report, the competent department or institution that granted its qualifications shall revoke the inspection qualifications of that inspection institution; and shall, in accordance with law, impose on the directly responsible person in charge of the inspection institution and the food inspector the sanction of removal from office or dismissal.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where, in violation of the provisions of this Law, a person of a food inspection institution who has received a criminal penalty or the sanction of dismissal shall not engage in food inspection work for ten years from the date the criminal penalty is completed or the sanction decision is made. Where a food inspection institution employs a person who is prohibited from engaging in food inspection work, the competent department or institution that granted its qualifications shall revoke the inspection qualifications of that inspection institution.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 94 Where, in violation of the provisions of this Law, false publicity is made about food quality in advertisements to deceive consumers, penalties shall be imposed in accordance with the provisions of the Advertising Law of the People's Republic of China.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where, in violation of the provisions of this Law, a food safety supervision and administration department, an institution responsible for food inspection, a food industry association, or a consumers association recommends food to consumers through advertisements or other forms, the relevant competent departments shall confiscate the illegal gains and, in accordance with law, impose on the directly responsible person in charge and other directly responsible personnel the sanction of a major demerit, demotion, or removal from office.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 95 Where, in violation of the provisions of this Law, a local people's government at or above the county level fails to perform its duties in food safety supervision and administration, and a major food safety accident occurs in its administrative region and causes serious social impact, the directly responsible person in charge and other directly responsible personnel shall, in accordance with law, be given the sanction of a major demerit, demotion, removal from office, or dismissal.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where, in violation of the provisions of this Law, a health administration, agriculture administration, quality supervision, industry and commerce administration, food and drug supervision and administration department at or above the county level or another relevant administrative department fails to perform its duties as provided in this Law, or abuses its powers, neglects its duties, or engages in malpractices for personal gain, the directly responsible person in charge and other directly responsible personnel shall, in accordance with law, be given the sanction of a major demerit or demotion; if serious consequences are caused, they shall be given the sanction of removal from office or dismissal; and its principal person in charge shall resign from office.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 96 Where, in violation of the provisions of this Law, personal injury, property damage, or other damage is caused, liability for compensation shall be borne in accordance with law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Where food that does not conform to food safety standards is produced, or food that is clearly known not to conform to food safety standards is sold, consumers may, in addition to demanding compensation for losses, also demand from the producer or seller payment of compensation equal to ten times the purchase price.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 97 Where, in violation of the provisions of this Law, one should bear civil compensation liability and pay a fine or penalty, and his property is insufficient to pay both at the same time, he shall first bear civil compensation liability.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 98 Where, in violation of the provisions of this Law, a crime is constituted, criminal liability shall be pursued in accordance with law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Chapter X Supplementary Provisions文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 99 The meanings of the following terms in this Law are:文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food: refers to all finished products and raw materials for human consumption or drinking, as well as items that are traditionally both food and medicine, but does not include items intended for the purpose of treatment.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food safety means that food is non-toxic and harmless, conforms to the nutritional requirements it should have, and does not cause any acute, subacute, or chronic harm to human health.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Prepackaged food means food that is prepackaged in fixed quantities or made in packaging materials or containers.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food additive means an artificially synthesized or natural substance added to food to improve food quality, color, aroma, and taste, and for the needs of preservation, freshness retention, and processing technology.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Packaging materials and containers used for food mean products such as paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, and glass used for packaging or holding food or food additives, and coatings that directly contact food or food additives.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Tools and equipment used for food production and operation mean machinery, pipes, conveyor belts, containers, utensils, tableware, and the like that directly contact food or food additives during the production, circulation, and use of food or food additives.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Detergents and disinfectants used for food mean substances directly used for washing or disinfecting food, tableware, tools and equipment that directly contact food, or food packaging materials and containers.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Shelf life means the period during which prepackaged food maintains its quality under the storage conditions indicated on the label.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Foodborne disease means an infectious or toxic disease caused by pathogenic factors in food entering the human body.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food poisoning means an acute or subacute disease occurring after eating food contaminated by toxic or harmful substances or after eating food containing toxic or harmful substances.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Food safety accident means an accident originating from food, such as food poisoning, foodborne disease, or food contamination, that harms or may harm human health.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 100 Where a food producer or operator has already obtained the corresponding license before this Law takes effect, that license shall remain valid.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 101 This Law applies to food safety management of dairy products, genetically modified food, pig slaughtering, alcoholic beverages, and edible salt; where laws or administrative regulations provide otherwise, their provisions shall be followed.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 102 Measures for the administration of food safety in railway operations shall be formulated by the health administration department under the State Council together with the relevant departments under the State Council in accordance with this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Measures for the administration of food safety for food specially used by the military and food supplied by the military itself shall be formulated by the Central Military Commission in accordance with this Law.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 103 The State Council may, according to actual needs, make adjustments to the food safety supervision and administration system.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/
Article 104 This Law shall take effect as of June 1, 2009. The Food Hygiene Law of the People's Republic of China shall be repealed at the same time.文章源自FOFCC-http://www.fofcc.org.cn/en/11227/