Food Safety Law of the PRC (2015)

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Food Safety Law of the People's Republic of China

Contents

Chapter I: General Provisions

Chapter II: Monitoring and Assessment of Food Safety Risks

Chapter III: Food Safety Standards

Chapter IV: Food Production and Operations

Section 1: Ordinary Provisions

Section 2: Controls on Food Production Process

Section 3: Labels, Instructions and Advertisements

Section 4: Special Foods

Chapter V: Food Testing

Chapter VII: Handling of Food Safety Incidents

Chapter VIII: Supervision and Management

Chapter IX: Legal Responsibility

 

(Adopted at the 7th Session of the Standing Committee of the 11th National People’s Congress on February 28, 2009; revised by the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015)

  Chapter I: General Provisions

Article 1: This Law is formulated to assure food safety and safeguard the people's health and life.

Article 2: Those engaging in the following activities within the territory of the People's Republic of China shall abide by this law:

(1) Food production and processing (hereinafter "food production"); food sales and food services (hereinafter "food operations").

(2) Production and trading of food additives;

(3) Production and trading of packaging materials, containers, detergents and disinfectants for food, as well as utensils and equipment used in food production and trading (hereafter referred to as “Food-Related Products”);

(4) Use of food additives and food-related products by food producers and traders;

(5) the storage and transportation of food;

(6) Managing the safety of food, food additives or food-related goods;

The quality and safety management of primary agricultural products for consumption (hereinafter referred to as “Edible Agricultural Products”) shall abide by the Law of the People’s Republic of China on Quality and Safety of Agricultural Products. However, this Law must be observed when developing quality and safety standards and releasing food safety information on edible agricultural products.

Article 3: Food safety efforts implement joint social governance in which prevention is put first, risk is managed, there is control of the complete process, to establish a scientific and strict oversight and management system.

Article 4: Food Producers and operations are responsible for the safety of the food the produce or trade in.

Food producers and traders shall strictly follow relevant laws, regulations and food safety standards in in production and business activities, ensure the safety of food, self-regulate, be responsible to the public and society, accept social supervision and bear social responsibility.

Article 5: The State Council shall establish a Food Safety Committee whose responsibilities will be determined by the State Council.

The regulatory departments food and drug administration under the State Council shall oversee and manage food production in accordance with this law and the responsibilities identified by the State Council.

The administrative department of health under the State Council have duties in accordance with this law and State Council provisions, to organize and launch food safety risk monitoring and risk assessment, and to formulate and release national food safety standards together with the food and drug administration departments of the State Council.

Other relevant departments of the State Council have duties in accordance with this law and State Council provisions to undertake relevant food safety efforts.

Article 6: Local people's governments at the county level or above are responsible for food safety oversight and management efforts within their administrative region, unifying leadership, organizing, and coordinating the administrative region's food safety oversight and management work, as well as responding to prominent matters in food safety, and establishing and completing mechanisms for oversight and management and information sharing for the entire course of food safety work.

Local People’s Government at the county level or above shall determine the duties of relevant administrative departments such as for food and drug administration, and health, in accordance with this Law and the State Council provisions. The relevant departments shall be responsible for the regulatory work on food safety within their respective jurisdiction.

The food and drug administration departments of people's governments at the County Level may establish remote institutions in townships or specified regions.

Article 7: Local people's governments at the county level or above implement responsibility systems for food safety oversight and management. Higher level people's governments are responsible for conducting review and evaluation of food safety oversight and management work by the people's government at the level below. Local People’s Government at the county level or above are responsible for conducting review and evaluation of food safety oversight and management work by the food and drug administration at that level and other relevant administrative departments.

Article 8: People's governments at the county level or above shall include food safety work within the economic and social development plan for that level, and place expenses for food safety efforts within the financial budget for that level of government, increasing the capacity of food safety oversight and management to provide safeguards for food safety efforts.

The food and drug administration and other relevant departments of people's governments at the county level or above shall enhance communication, close coordination, and exercise rights and bear the responsibilities in accordance with their respective duties.

Article 9: Food industry associations shall strengthen industry self-discipline and follow their articles of association to establish and complete mechanisms for industry regulation, awards and punishments; and guide and urge food producers and operations to produce and operate according to law, promote the construction of industry credibility, and publicize and spread knowledge related to food safety.

Consumer associations and other consumer organizations lawfully conduct social supervision of conduct that violates this law harming the lawful rights and interests of consumers.

Article 10: All levels of people's government shall strenghten publicity and education on food safety, spread food safety knowledge, and encourage social organizations to conduct educational activities regarding food safety laws and regulations, food safety standards and knowledge, to advocate healthy diets, and to raise consumers’ food safety awareness and self-protection ability.

The news media shall advance public interest publicity on food safety laws, regulations, standards and awareness and provide public opinion oversight of unlawful conduct. Publicity reports related to food safety shall be truthful and fair.

Article 11: The State encourages and supports basic and applied research related to food safety and encourages and supports food producers and operations to adopt advanced technologies and management practices to raise the level of food safety.

The state employs a strict management system for pesticides, accelerating the elimination of toxic, highly poisonous, and high residue pesticides, promoting the research and development and use of alternative products, and encouraging the use of high-efficacy, low toxin, and low residue pesticides.

Article 12: Any organization or individual has the right to report any unlawful acts during food production and trade and has the right to inquire about food safety information from relevant agencies and provide comments and suggestions about food safety regulation.

Article 13: Any organization or individual has the right to report any unlawful acts during food production and trade and has the right to inquire about food safety information from relevant agencies and provide comments and suggestions about food safety regulation.

  Chapter II: Monitoring and Assessment of Food Safety Risks

Article 14: A national monitoring system for food safety risks shall be established to monitor food-borne diseases, food contamination and other food-related hazards.

The state employs a strict management system for pesticides, accelerating the elimination of toxic, highly poisonous, and high residue pesticides, promoting the research and development and use of alternative products, and encouraging the use of high-efficacy, low toxin, and low residue pesticides.

The food and drug administration under the State Council and other relevant departments shall immediately verify report to the executive department of health under the State Council after hearing any information on food safety risks. For food safety risk information reported by relevant departments and information on food borne illness or other relevant illnesses reported by medical establishments, the State Council administrative departments of health shall analyse and research it together with the relevant departments of the State Council, and where it is found necessary, promptly adjust the national food safety risk monitoring plan.

Provincial, autonomous region, or directly governed municipality's administrative health departments, together with the departments for food and drug administration and quality oversight at the same level, summarize the specific conditions for the administrative region on the basis of the national food safety risk monitoring plan, and formulate or adjust that administrative district's food safety risk monitoring plans, and report to the State Council administrative departments of health for recording and implementation.

Article 15: Technology establishments undertaking food safety risk monitoring work shall follow the food safety risk monitoring plan and monitoring plan to developing monitoring work, to ensure that monitoring data it accurate and correct, and report monitorin data and analytic conclusions in accordance with the requirements of the food safety risk monitoring plan and monitoring plan.

Food safety risk monitoring personnel have the right to enter facilities of edible agricultural product cultivation and food production or operations, and take samples and collect relevant data. Market price shall be paid for samples collected.

Article 16: Where food safety risk monitoring results indicate that there is a possible food safety threat, the administrative health departments people's governments at the county level or above shall promptly report the relevant information to the food and drug administration and other departments, and report to the administrative health departments for that level of people's government and the people's government at the level above. The food and drug administration and other departments organize further investigation.

Article 17: The State establishes a food safety risk assessment system employing scientific methodology to conduct risk assessment of food, food additives and food-related products for biological, chemical or physical elements, on the basis of food safety risk monitoring information, scientific data and relevant information.

The administrative department of health under the State Council shall be responsible for organizing food safety risk assessments; and an expert committee on food safety risk assessment composed of experts in areas such as medical science, agriculture, food, nutrition, biology and the environment shall be established to conduct the food safety risk assessment. Food safety risk assessment conclusions are released by the administrative department of health under the State Council.

The safety assessment of pesticides, fertilizers, veterinary medicine, feed and feed additives shall be attended by experts from the expert committee on food safety risk assessment.

Food safety risk assessment must not collect fees from food procucers or operators, and market valued shall be paid for samples collected.

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

(1) Where any possible safety problem with food, food additives, or food related products t is discovered through food safety risk monitoring or a report;

(2) Where it is necessary to conduct risk assessment to provide a scientific basis for formulating or modifying national food safety standards;

(3) Where it is necessary to conduct risk assessment to determine key industries and product types for oversight and management;

(4) Where new factors that could endanger food safety are discovered;

(5) Where it is necessary to judge whether a certain factor constitutes a potential food safety risk;

(6) Other situations that the administrative department of health under the State Council finds require conducting risk assessment.

Article 19: Where State Council departments in charge of food and drug supervision and administration, quality supervision, agriculture administration, etc. find it necessary to conduct food safety risk assessment during their supervision and administration work, they shall give suggestions to the State Council health administration department to conduct food safety risk assessment, and shall also provide information or data such as the source of risk and relevant test data and conclusions. Where the situation is of the kind provided for in article 18 of this law, The administrative department of health under the State Council shall promptly conduct food safety risk assessment, and report the conclusions to the relevant departments of the State Council.

Article 20: The administrative health departments and agricultural departments of provincial level people's governments shall promptly report risk monitoring information on food and edible agricultural product to each other.

The administrative health departments and agricultural departments shall promptly report risk assessment information on food and edible agricultural product to each other.

Article 21: Food safety risk assessment conclusions shall be the scientific basis for developing and modifying food safety standards, as well as for oversight and management of food safety.

Where upon food safety risk assessment it is concluded that food, food additives or food-related products are unsafe, the State Council departments for food and drug administration and quality supervision shall, within the scope of their duties, report it to the public, inform consumers to stop eating or using them, and adopt corresponding measures to ensure that production and sale of the food, food additives or food-related products is stopped; where it is necessary to draft or revise relevant national food safety standards, The administrative department of health under the State Council shall join with the food and drug administration departments to immediately so draft or revise.

Article 22: The State Council food and drug administration departments shall, in conjunction with relevant State Council departments, conduct comprehensive analyses of the food safety situation according to the result of food safety risk assessments and food safety regulatory information. For foods showing high potential safety risks through comprehensive analyses, the department of food and drug safety under the State Council shall issue food safety alerts to the public in a timely manner, and release it to the public.

Article 23: Food and drug administration departments and other relevant departments of the people's governments at the county level and above, as well as the food safety risk assessment experts committee and technical bodies, shall organize food producers, food inspection agencies, approval agencies, food industry associations, consumer associations, news media organizations, etc., to carry out interactive communication with respect to food safety risk assessment information and food safety administration information, in accordance with principles of science, objectivity, timeliness, and openness.

Chapter III: Food Safety Standards

Article 24: The food safety standards shall be formulated to safeguard the public health, to be scientific, reasonable, safe and reliable.

Article 25: Food safety standards are compulsory standards. Outside of the food safety standards, other compulsory standards for food must not be developed.

Article 26: Food safety standards shall include the following:

(1) The limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins heavy metals, contaminants, and other substances hazardous to human health in food, food additives and food-related products;

(2) Varieties, scope of application, and dose of food additives;

(3) Requirements for nutritional ingredients in staple and supplementary food dedicated to babies and other specific populations;

(4) Requirements for labels, indications and instructions related to food safety requirements for sanitation, nutrition and so forth;

(5) Hygienic requirements for food production and trading processes;

(6) Quality requirements related to food safety;

(7) Foods testing methodology and process related to food safety;

(8) Other particulars necessary for developing food safety standards.

Article 27: The executive department of health under the State Council together with the state council department for food and drug administration shall formulate and release national food safety standards and the standardization administrative department under the State Council shall provide the national standard number.

The limits of pesticide residue and veterinary drug residue in food and their testing methods and procedures shall be developed by the executive department of health and agriculture under the State Council together with the state council department for food and drug administration.

The testing procedures for slaughtering livestock and poultry shall be developed by the executive department of agriculture under the State Council in conjunction with the executive department of health under the State Council.

Article 28: The formulation of national food safety standards shall base on the results of food safety risk assessments and take full account of the results of safety risk assessments for edible agricultural products, shall reference the relevant international standards and the results of international food safety risk assessments, shall release the draft national food safety standard to the public, and shall widely solicit the opinions or food producers, traders, consumers, relevant departments and other parties.

The national food safety standards shall be reviewed and approved by the national food safety standard evaluation committee organized by the executive health department under the State Council. The national food safety standard evaluation committee which is composed of experts in areas such as medicine, agriculture, food, nutrition, biology, and the enviornment as well as by representatives from relevant departments under the State Council, food industry associations, and consumer associations, conducts a review of aspects such as the science and feasibility of the draft national food safety standards.

Article 29: Where there is no national food safety standard for local specialty food, the health administration departments of provinces, autonomous regions and municipalities can formulate and publish local food safety standard, and file to the State Council health administration department for record. After national food safety standards are formulated, local food safety standards are immediately abolished.

Article 30: The State encourages food enterprises to develop enterprise standards more stringent than the national or local food safety standards, applied within that enterprise and reported for recording to the administrative health department for the provincial, autonomous region, or directly governed municipality people's government.

Article 31: The health administrative departments of people's government of and above provincial-level shall on their websites publish the formulated and filed food safety national standards, local standards and enterprise standards, so that the public can consult and download for free.

With regard to the problems encountered during the enforcement of food safety standards, health administrative departments of and above county-level people's governments shall provide instruction and explanation in a timely manner in consultation with other relevant departments.

Article 32: The health administrative departments of people's governments of and above provincial-level shall, in consultation with departments of the same level in charge of food and drug supervision and management, quality supervision, agriculture administration, etc., track and evaluate the enforcement status of food safety national standards and local standards, respectively, and revise the food safety standards according to the results of evaluation in a timely manner.

The departments in charge of food and drug supervision and administration, quality supervision, agriculture administration, etc. of people's governments of and above provincial-level, shall collect and compile the problems encountered during the enforcement of food safety standards, and report promptly to the health administration departments of the same level.

Where food producers and operators or food industry associations discover problems during the enforcement of food safety standards, they shall report immediately to the health administration departments.

  Chapter IV: Food Production and Operations

  Section 1: Ordinary Provisions

Article 33: All food production or trading activities shall comply with food safety standards and the following requirements:

(1) Have appropriate places for raw material treatment and food processing, packaging, and storage that are suitable for the variety and quantity of the food being produced or traded, make the environment tidy, and keep a required distance away from toxic or hazardous places, and other contamination sources

(2) Have appropriate production or trading equipment or facilities that are suitable for the variety and quantity of the food being produced or traded, have appropriate equipment or facilities for disinfection, changing clothes, cleansing, lighting, ventilation, anticorrosion, dust-proofing, fly-proofing, rat-proofing, pest-proofing, washing, and drainage of wastewater, and deposit of garbage and wastes.

(3) Have full-time or part-time professional food safety technical personnel, food safety management personnel and rules and regulations that guarantee food safety;

(4) Have reasonable equipment layout and operational flow to prevent cross-contamination between unprocessed foods and direct consumption foods, between raw materials and finished products, and to avoid food contacting with toxic or dirty items;

(5) Wash and sterilize the tableware, kitchenware, and containers holding direct consumption food before use, and wash and clean the kitchenware and utensils after use;

(5) Containers, tools, and equipment used for storing, transporting, loading and unloading food shall be safe, innocuous, kept clean to prevent food contamination, and shall meet the required temperature, humidity, and other special requirements to ensure food safety, and shall not store or transport food with toxic and harmful goods;

(7) Use nontoxic and clean packaging materials, tableware, drinking utensils and containers with ready-to-eat food;

(8) Food producers and operators shall keep personal hygiene, and when producing and operating food, shall wash hands clean and wear clean work clothes, headcovers, etc.; and use nontoxic and clean containers, sales tools and equipment when selling non-packaged ready-to-eat food;

(9) Use water that complies with the national hygienic standard for drinking water;

(10) Use detergents and disinfectors that are safe and harmless to the human body;

(11) Other requirements stipulated by laws and regulations.

Those who are not food producers or operations, engaging in the storage, transport or loading of foods shall comply with the provisions of item (6) above.

Article 34: It is prohibited to produce or engage in businesses involving the following foods, food additives and food-related products:

(1) Food made with non-food raw material or adding chemicals other than food additives or other substances possibly hazardous to human health, or food produced from recycled food as raw materials;

(2) Food, food additives, or food-related products containing contaminants such as pathogenic microbes, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other substances harmful to human health of an amount exceeding the the limit imposed by food safety standards;

(3) Food or food additives manufactured with raw materials or food additives exceeding their expiration dates;

(4) Foods using food additives exceeding the scope or quantity for additives.

(5) Principal and complementary food specially supplied to infants, children or other specific groups of people but with nutrition content incompatible with food safety standards;

(6) Food or food additives that are putrid or spoiled, that contain rancid fat, that are moldy or infested with bugs, that are filthy, unclean, mixed with foreign objects, or adulterated or with abnormal organoleptic properties;

(7) Meat, or the products thereof, of poultry, livestock, beasts, or aquatic livestock dying of diseases, of poison, or of known causes;

(8) Meat that is not quarantined according to regulations or does not pass the quarantine, or meat products that are not inspected or do not pass the inspections;

(9) Food or food additives that are contaminated by packaging materials, containers or transport equipment;

(10) Food or food additives labeled with false production dates or expiration dates or those that have passed their expiration dates;

(11) Pre-packaged food or food additives without labels;

(12) Food that is explicitly banned from production or operation by the State for special purposes such as disease prevention;

(13) Other food, food additives, or food-related products that violate Laws, regulations, or food safety standards.

Article 35: The State shall practice a license system for the production and operation of food. Persons that practice food production, food sales or food services shall obtain licenses according to law. However, those who sell edible agricultural product need not obtain licenses.

The food and drug administration of people's governments at the county level or above shall review applicants’ documents as required by items 1-4 of the first paragraph of Article 33 of the Law in accordance with the Law of the People’s Republic of China on Administrative Licensing, and shall inspect the applicant’s production or trading place if necessary. For applicants that comply with the requirements, a license shall be granted; for those that fail to comply with the requirements, a license shall not be granted and the reasons will be given in writing.

Article 36: Small food processing workshops, food vendors and others that engage in food production and operations shall comply with the food safety requirements of the Law suitable for their production or trading scale and conditions and ensure that the food being produced or traded are clean, nontoxic and harmless.; and the food and drug administration departments shall strengthen the supervision and management over them.

People's governments at or above the country level shall manage food processing workshops, food vendors and others in a comprehensive manner, strengthen services and unified planning, improvement the production and operation environments thereof, and encourage and support them to improve their production and operation conditions, to operate in fixed venues such as centralized trading markets or shops, or to operate at designated temporary operation areas and time.

Provinces, autonomous regions and municipalities shall formulate specific administrative measures for food-processing workshops and food vendors.

Article 37: Those who use new raw materials to produce food, or produce new varieties of food additives or food-related products shall submit safety assessment materials of relevant products to the health administrative department under State Council. The health administrative department under the State Council shall conduct review within sixty days after receiving such applications; and shall grant licenses and promulgate for those that comply with food safety standards; or shall deny licenses and state the reasons in writing for those that do not comply with food safety standards.

Article 38: Food producers shall not add any medicine to food, unless the added substance is traditionally considered as both food and Chinese medicine. The catalog of the substances traditionally considered as both food and Chinese medicine shall be developed and published by the executive department of health under the State Council in consultation of the food and drug supervision and administration department under the State Council.

Article 39:The State practices a license system for the production of food additives. Those that engage in the production of food additives shall possess venues, production equipment or facilities, professional technical personnel and management systems compatible with the varieties of food additives produced, and shall obtain food additive production license in accordance with the procedure stipulated by Article 35, Paragraph 2 of this Law.

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

Article 40: A food additive can be incorporated into the scope permitted for use only after it is found to be required technically and proven to be safe and reliable through the risk assessment. The national food safety standards shall be promptly revised on the basis of the technical technical requirements and the results of food safety assessments.

Food production and operations shall use food additives in accordance with national food safety standards.

Article 41: Production of food-related products shall comply with laws, regulations and the national food safety standards. For packaging materials in direct contact with food and other food-related products with relatively high risks, production licenses are implemented according to State regulations concerning the administration of production licenses of industry products. Quality supervision departments shall strengthen the supervision and the administration of the production activities of food-related products.

Article 42: The State establishes a food safety full traceability system.

Food producers and operators shall, according to the provisions of this Law, establish food safety traceability systems to ensure that food is traceable. The States encourage that food producers and operators gather and collect production and operation information through information means to establish food safety traceability systems.

The drug and food supervision and administration department of the State Council establishes food safety full traceability collaboration mechanisms in consultation with agriculture administration and other departments of the State Council.

Article 43: Local people’s governments at all levels shall adopt measures to encourage scale production and chain operation and distribution of food.

The State encourages food producers and traders to participate in food safety liability insurance.

Section 2: Controls on Food Production Process

Article 44:Food production and operation enterprises shall establish and perfect food safety management systems, train their employees on food safety information, strengthen food inspection works, and engage in production and operation activities according to law.

The principal persons in charge in food production and operation enterprises shall implement the enterprise food safety management system and shall be fully responsible for the food safety works of the respective enterprise.

Food production and operation enterprises shall be equipped with food safety management personnel and shall strengthen their training and examination. After examinations, those who lack food safety management capabilities shall not assume such posts. Food and drug supervision and administration departments shall randomly select from enterprise food safety management personnel for supervision, inspection, and evaluation, and shall publish the statuses of evaluations. Supervision, spot inspection and evaluation shall not be charged for a fee.

Article 45:Food producers and operators shall establish and enforce practitioner health management systems. Personnel afflicted with diseases hazardous to food safety as stipulated by the health administrative department of the State Council shall not engage in work that has contact with directly consumed food.

Food production and operation personnel engaged in work that has contact with directly consumed foods shall take a medical check-up each year, and can work only after they have obtained a health certificate.

Article 46:Food production enterprises shall formulate and implement control requirements for the following matters to ensure that the food produced complies with food safety standards:

(1) Raw material controls such as raw material procurement, raw material acceptance check, and batch feeding;

(2) Main production links controls such as production procedure, equipment, storage and packaging;

(3) Inspection controls such as raw material inspection, semi-finished product inspection and finished product inspection; and

(3) Transport and delivery controls.

Article 47:Food safety producers shall establish food safety self-inspection systems and conduct inspections and evaluations of food safety statuses at regular intervals. Where production and operation conditions change and no longer comply with food safety requirements, food producers and operators shall immediately take rectification measures; where there are potential risks of food safety incidents, [food producers and operators] shall immediately cease food production and operation activities, and report to the food and drug supervision and administration department of the local county-level people's government.

Article 48:The State encourages food producers and traders to comply with good manufacturing practices (GMP) and to implement the Hazard Analysis and Critical Control Point (HACCP) system in order to raise the level of food safety management.

For food enterprises having been certified with GMP and HACCP, the certification institutions shall conduct the follow-up investigations according to law; for those failing to comply with the certification requirements, the certification institutions shall cancel the certificate according to law and promptly report to the food and drug administration for the people's government at the county level or above, and notify the public. The certification institution shall not charge any fees for the follow-up investigation.

Article 49: Edible agriculture products producers shall follow food safety standards and relevant State regulations when using pesticides, fertilizers, veterinary drugs, fodder, fodder additives and other agricultural inputs, shall strictly enforce regulations on safety intervals of the use of agricultural inputs or drug withdrawal periods, and shall not use agricultural inputs that are explicitly prohibited by the State. It is prohibited to use hypertoxic or highly toxic pesticides on vegetables, melons, fruits, tea-leves, Chinese medicinal herbs and other farm products stipulated by the State.

Enterprises producing edible agricultural products and farmers' specialized cooperative economic organizations shall establish record systems of the use of agricultural inputs.

Agriculture administration departments of people's governments at of above the county level shall strengthen the supervision, administration and guidance of the use of agricultural inputs, and shall establish or perfect agricultural inputs safe use systems.

Article 50:Food producers shall check the license of the supplier and compliance proofs of the product when purchasing food raw materials, food additives, and food-related products; In the absence of a compliance proofs, the food raw material shall be tested in accordance with food safety standards. Food producers must not purchase or use raw materials, food additives, and food-related products that do not comply with the food safety standards.

Food producers shall establish a record verification system for raw food materials, food additives, and food-related products entering inventory, accurately indicating information such as the name, specifications, quantity, production date or batch number, shelf-life, date of purchase, and the supplier's name and contact information, and shall store relevant proofs. The period for storing records and certificates must not be less than 6 months after the end of the product's shelf life; where there is no shelf-life, the storage period must not be less than 2 years.

Article 51:Food producers shall establish and maintain an inspection records system for outgoing food that examines the inspection compliance certificates and safety status of outgoing food, accurately recording information such as the name, specification, quantity, production date or batch number, shelf-life, inspection certificate number, and sale date, as well as the name, address and contact information of the purchaser. The period for storing records and certificates shall comply with the provisions of the second paragraph of article 50 of this law.

Article 52:Producers of food raw materials, food additives, or food-related products shall inspect the food raw materials, food additives, or food-related products being produced in accordance with food safety standards and the products can exit the factory or be sold only after they have passed the inspections.

Article 53:Food operations purchasing a foods shall check the license of the supplier and the food's compliance certificate from its inspection on leaving the factory (hereinafter "compliance documents").

Food operations shall establish an inspections record system for food entering inventory, accurately indicating information such as the name, specifications, quantity, production date or batch number, shelf-life, date of purchase, and the supplier's name and contact information, and shall store relevant proofs. The period for storing records and certificates shall comply with the provisions of the second paragraph of article 50 of this law.

Food operations enterprises that adopt a centralized distribution model may have the headquarters of the enterprises uniformly check the license of the supplier and compliance certificates of the food and create an inspection record for incoming food products

Operation enterprises engaged in food wholesale businesses shall establish food sales record systems to accurately record information such as the names, specifications, quantities, production dates or batch numbers, expiration dates, sales dates of foods and the names, addresses, and contacts of buyers, and shall keep relevant proofs. The period for storing records and certificates shall comply with the provisions of the second paragraph of article 50 of this law.

Article 54:Food operations shall store food in accordance with requirements for assuring food safety, and regularly check the food in storage and promptly remove the spoiled or outdated food.

Food operations storing food in bulk shall indicate at the storage facility information such as the food name, production date, shelf life or batch number, and name and contact information of the producer.

Article 55:Food and beverage service providers shall formulate and enforce raw material control requirements, and shall not purchase raw materials that do not meet food safety standards. It is advocated that food and beverage service providers make public manufacturing processes and publicly display information such as raw materials and the sources thereof.

Food and beverage service providers shall, during manufacturing processes, inspect the food and the raw materials to be processed, and shall not process or use [them] should circumstances stipulated by Article 34, Item 6 of this Law occur.

Article 56:Food and beverage service providers shall maintain at regular intervals the facilities and equipment used for food processing, storage, display, and for other purposes; and shall at regular intervals clean and calibrate heat preservation installations, refrigeration and freezing installations.

Food and beverage service providers shall clean and sterilize tableware and drinking utensils as required, and shall not use tableware or drinking utensils that have not been cleaned or sterilized; where food and beverage service providers entrust [other sterilization service units] to clean and sterilize tableware or drinking utensils, they shall entrust those that comply with provisions of this Law.

Article 57:The dining halls of schools, child-care facilities, old-care facilities, construction sites, and other centralized dining establishments shall strictly follow laws, regulations, and food safety standards; Where [these establishments] order from catering establishments, they shall order from enterprises that have obtained food production and operation licenses, and examine the ordered food as required. Catering establishments shall strictly follow laws, regulations, and food safety standards, process [food] not far in advance of each meal, and ensure food safety.

The competent authorities of centralized dining establishments such as schools, child-care facilities, old-age care facilities, and construction sites shall strength the food safety education and routine administration of said establishments, decrease food safety risks, and eliminate hidden food safety dangers in a timely manner.

Article 58:Units for the centralized sterilization of food and beverage utensils shall have relevant venues, equipment of facilities for washing and disinfection; water, cleaners and disinfectants shall comply with relevant national food safety standards and other national standards or hygiene norms.

Units for the centralized sterilization of food and beverage utensils shall inspect each batch of disinfected utensils, and release them after they pass inspection including a disinfection compliance certificate along with them. After they have been disinfected, food and beverage utensils shall bear information such as the disinfecting units' name, address, contact method, and the date of disinfection, as well as the period for use.

Article 59:Food additive producers shall establish an inspection records system for outgoing food additives that examines the inspection compliance certificates and safety status of outgoing food additives, accurately recording information such as the name, specification, quantity, production date or batch number, shelf-life, inspection certificate number, and sale date, as well as the name, address and contact information of the purchaser; and retain relevant proofs. The period for storing records and certificates shall comply with the provisions of the second paragraph of article 50 of this law.

Article 60:Food additive operations purchasing food additives shall check the suppliers' licenses and foods compliance certificates, accurately indicating information such as the food additives' name, specifications, quantity, production date or batch number, shelf-life, date of purchase, and the supplier's name and contact information, and shall store relevant proofs. The period for storing records and certificates shall comply with the provisions of the second paragraph of article 50 of this law.

Article 61:Those opening centralized trading markets, leasing counter space and organizing trade fairs shall lawfully inspect the permits of food businesses entering the venue, make clear their responsibility for food safety management, and periodically conduct inspections of their operating environment; where conduct violating provisions of this law are discovered, they shall promptly stop it and immediately report to the food and drug administration of the county level people's governments for that area.

Article 62:Providers of third-party online food trading platforms shall conduct real name registration of online food businesses and make clear their responsibilities for food safety management; where a permit should be obtained in accordance with law, they shall also inspect their permits.

Where providers of online third-party food trading platforms discover that an online food business has conduct in violation of the provisions of this law, they shall promptly stop it and immediately report to the food and drug administration of the county level people's governments for that area; where discovering conduct seriously violating the law, they shall immediately stop providing online trading platform services.

Article 63:The State establishes a food recall system. Where a food producer finds that the food being produced does not comply with food safety standards or has evidence showing that it might endanger people's health, the food producer shall immediately stop production of the food, recall the food product released to the market, notify relevant producers, traders and consumers, and create a record on recalls and notifications.

Where a food operation discovers that food being traded has any of the circumstances in the preceding paragraph, the food operation shall immediately suspend operations, notify relevant producers, operations and consumers, and create a record on the suspension of trading and notifications. Where the producer finds food shall be recalled shall be recalled, it shall immediately be recalled. Where a food operation causes its food to have circumstances provided for in the preceding paragraph, the food operation shall recall it.

Food producers and operators shall take measures such as harmless disposition or destruction of recalled foods to prevent their reentering the market. However, food producers may continue to sell foods recalled for reasons such as having labels, symbols or instructions not complying with food safety standards, so long as they have taken remedial measures and can ensure the foods' safety; remedial measures shall be made clear to consumers at the time of sale.

Food producers and sellers shall report food recalls to the food and drug administration of the county level people's governments for that area; and when it necessary to carry out harmless disposal or destruction of recalled foods, they shall report the time and place in advance. Where food and drug administrations feel it necessary, they may carry out on-site supervision.

Where a food producer or operation does not recall a food or stop operations in accordance with these provisions, the food and drug administration of the people's government at the county level or above may order it to recall the food or stop operations.

Article 64:Edible agricultural product wholesale markets shall be equipped with inspection equipment and staffed with inspection personnel, or shall entrust food inspection institutions complying with the provisions herein to conduct the sample-based inspections of edible agricultural products entering into the wholesale market for sale; where food not conforming to food safety standards is discovered, the seller shall be required to stop the sale immediately and such situation shall be reported to the food and drug administration.

Article 65: Food producers selling edible agricultural products shall establish an inspections record system for edible agricultural products entering inventory, accurately indicating information such as the their name, specifications, quantity, date of purchase, and the supplier's name, address and contact information, and shall retain relevant proofs. The period for storing records and certificates must not be less than 6 months.

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

Section 3: Labels, Instructions and Advertisements

Article 67:Pre-packaged food shall be labeled on its packaging. The label shall indicate the following matters:

(1) Name, specification, net content, and date of production;

(2) Table of ingredients or components;

(3) Producer name, address and contact information;

(4) Shelf life;

(5) Product standards code;

(6) Storage requirements;

(7) Generic name of the food additives as used in the national standard;

(8) Production License Number; and

(9) Other matters that laws, regulations or food safety standards provide shall be indicated.

The labels of principle and supplementary foods for special use by infants and other specific populations shall also indicate main nutritional ingredients and their contents.

Where national food safety standards have differing provisions on labeling, follow those provisions.

Article 68:Food operations selling bulk foods shall indicate on the container or package information such as its the food name, production date or batch number, and shelf life, as well as the name, address and contact information of the producer or operation.

Article 69:Production and operations in genetically modified foods shall follow provisions for conspicuous labeling.

Article 70:Food additives must be provided with a label, instructions and packaging. The label and instructions shall specify the information required in items 1-6, 8 and 9 of the first paragraph of Article 67 of this Law as well as the the scope of application, dosage levels, and application methods of the food additives, and the words “Food Additive” shall be indicated on the label.

Article 71:Labels, instructions and packaging of food and food additives must not contain false information, and must not involve disease prevention and treatment functions. Food producers are responsible for the content of label, instructions and packaging they provide.

Labels and instructions of food and food additives shall be clearly and conspicuously note the production date, shelf life and other matters, so that they are easily identified.

Food or food additives that are not consistent with the information contained in the label and instructions must not be put on the market.

Article 72:Food operations shall sell foods according to the warnings, hazard explanations, or precautions on the food label.

Article 73:The content of food advertisements shall be trand lawful, and must not include any false content, and must not involve disease prevention or treatment functions. Food producers and operations are responsible for the truthfulness and lawfulness of the content of food advertisements.

Food and drug administration departments of people's governments at the county level or above and other relevant departments and food inspection establishments and food industry associations, must not recommend food to customers through advertisements or any other means. Consumer organizations must must not collect fees or otherwise seek gain in making recommending foods to consumers.

  Section 4: Special Foods

Article 74:The State conducts strict oversight and management of special foods such as health foods, foods with medical applications and foods intended for infants or children.

Article 75:The stated health benefits of health foods should have a scientific basis and must not cause acute, secondary or chronic physical harms.

Catalogs of raw materials for health foods and the catalog of permissible health function claims for health foods is formulated, adjusted and published by the food and drug administration departments of the State Council together with the State Council Administrative health departments, the State Administration for Chinese medicine.

The catalog of raw materials for health foods shall include the name of the raw materials, the amount used, and the corresponding effects; and raw materials entered into the catalog of raw materials for health foods can only be used in the production of health foods and must not be used in production of other foods.

Article 76:Health foods made of raw materials not included in the catalog of raw materials for health care and health foods imported for the first time shall be subject to registration with the food and drug administration under the State Council. However, where initial imports of health foods made of nutrients such as vitamin supplements and minerals, they shall be filed with the food and drug administration under the State Council for recording. Other health foods shall be reported for recording to the food and drug administrations of people's governments of provinces, autonomous regions, or directly-governed municipalities.

Imported health foods should be products approved to be put on the market and sold by the competent authorities of the exporting nation (region).

Article 77: 依法应当注册的保健食品,注册时应当提交保健食品的研发报告、产品配方、生产工艺、安全性和保健功能评价、标签、说明书等材料及样品,并提供相关证明文件。 国务院食品药品监督管理部门经组织技术审评,对符合安全和功能声称要求的,准予注册;对不符合要求的,不予注册并书面说明理由。 对使用保健食品原料目录以外原料的保健食品作出准予注册决定的,应当及时将该原料纳入保健食品原料目录。

依法应当备案的保健食品,备案时应当提交产品配方、生产工艺、标签、说明书以及表明产品安全性和保健功能的材料。

Article 78: 保健食品的标签、说明书不得涉及疾病预防、治疗功能,内容应当真实,与注册或者备案的内容相一致,载明适宜人群、不适宜人群、功效成分或者标志性成分及其含量等,并声明“本品不能代替药物”。 保健食品的功能和成分应当与标签、说明书相一致。

Article 79:保健食品广告除应当符合本法第七十三条第一款的规定外,还应当声明“本品不能代替药物”;其内容应当经生产企业所在地省、自治区、直辖市人民政府食品药品监督管理部门审查批准,取得保健食品广告批准文件。 省、自治区、直辖市人民政府食品药品监督管理部门应当公布并及时更新已经批准的保健食品广告目录以及批准的广告内容。

Article 80:Formula food for special medical uses shall be registered with the food and drug supervision and administration department under the State Council. 注册时,应当提交产品配方、生产工艺、标签、说明书以及表明产品安全性、营养充足性和特殊医学用途临床效果的材料。

The Advertising Law of the People's Republic of China and the provisions of other laws and administrative regulations on the administration of drug advertisement shall apply to the the advertisement of formula food for special medical uses.

Article 81: 婴幼儿配方食品生产企业应当实施从原料进厂到成品出厂的全过程质量控制,对出厂的婴幼儿配方食品实施逐批检验,保证食品安全。

生产婴幼儿配方食品使用的生鲜乳、辅料等食品原料、食品添加剂等,应当符合法律、行政法规的规定和食品安全国家标准,保证婴幼儿生长发育所需的营养成分。

Producers of infant formula milk powder shall file for recording with the food and drug supervision and administration departments of the people's governments of provinces, autonomous regions, directly-governed municipalities matters such as food raw materials, food additives, product formula and labels.

The product formula of infant formula milk powder shall be registered with the food and drug supervision and administration department of the State Council. 注册时,应当提交配方研发报告和其他表明配方科学性、安全性的材料。

It is prohibited to produce infant formula milk powder through sub-assembly, and the same enterprise must not produce infant formula milk powder of different brands using the same formula.

Article 82: 保健食品、特殊医学用途配方食品、婴幼儿配方乳粉的注册人或者备案人应当对其提交材料的真实性负责。

省级以上人民政府食品药品监督管理部门应当及时公布注册或者备案的保健食品、特殊医学用途配方食品、婴幼儿配方乳粉目录,并对注册或者备案中获知的企业商业秘密予以保密。

保健食品、特殊医学用途配方食品、婴幼儿配方乳粉生产企业应当按照注册或者备案的产品配方、生产工艺等技术要求组织生产。

Article 83: 生产保健食品,特殊医学用途配方食品、婴幼儿配方食品和其他专供特定人群的主辅食品的企业,应当按照良好生产规范的要求建立与所生产食品相适应的生产质量管理体系,定期对该体系的运行情况进行自查,保证其有效运行,并向所在地县级人民政府食品药品监督管理部门提交自查报告。

Chapter V: Food Testing

Article 84:After receiving credentials in accordance with relevant State requirements on certification and accreditation, food testing establishments may engage in food testing. Except, however, where the law otherwise provides.

The accreditation conditions and testing procedures for food testing agencies shall be determined by the food and drug supervision and administration departments under the State Council.

Testing reports issued by food testing establishments that comply with the provisions of this Law have the same authority.

People's governments at or above the country level shall integrate food testing resources to achieve resource sharing.

Article 85: Food testing is conducted independently by the inspectors appointed by foo testing establishments.

Inspectors shall conduct testing on food in accordance with laws, regulations, food safety standards, and inspection and testing procedures; shall value science, observe professional ethics, and ensure that the testing data and conclusions are objective and fair; and must not issue false inspection testing reports.

Article 86:食品检验实行食品检验机构与检验人负责制。 食品检验报告应当加盖食品检验机构公章,并有检验人的签名或者盖章。 食品检验机构和检验人对出具的食品检验报告负责。

Article 87: 县级以上人民政府食品药品监督管理部门应当对食品进行定期或者不定期的抽样检验,并依据有关规定公布检验结果,不得免检。 进行抽样检验,应当购买抽取的样品,委托符合本法规定的食品检验机构进行检验,并支付相关费用;不得向食品生产经营者收取检验费和其他费用。

Article 88: 对依照本法规定实施的检验结论有异议的,食品生产经营者可以自收到检验结论之日起七个工作日内向实施抽样检验的食品药品监督管理部门或者其上一级食品药品监督管理部门提出复检申请,由受理复检申请的食品药品监督管理部门在公布的复检机构名录中随机确定复检机构进行复检。 复检机构出具的复检结论为最终检验结论。 复检机构与初检机构不得为同一机构。 复检机构名录由国务院认证认可监督管理、食品药品监督管理、卫生行政、农业行政等部门共同公布。

采用国家规定的快速检测方法对食用农产品进行抽查检测,被抽查人对检测结果有异议的,可以自收到检测结果时起四小时内申请复检。 复检不得采用快速检测方法。

Article 89:Food producers or operations may conduct tests of food produced by themselves or entrust food testing establishments compliant with the provisions of this Law to conduct testing.  

Where a food industry association, consumer association or other organization or consumer needs to entrust a food testing agency to for food testing, they shall retain a food testing agency compliant with the provisions of this Law.

Article 90:The relevant provisions of this Law concerning food testing apply to the testing of food additives.

Chapter VI: Import and Export of Food

Article 91:State exit-entry inspection and quarantine department conducts the supervision and administration of imported and exported food.

Article 92:Imported food, food additives and food-related products shall comply with China’s national food safety standards.

进口的食品、食品添加剂应当经出入境检验检疫机构依照进出口商品检验相关法律、行政法规的规定检验合格。

进口的食品、食品添加剂应当按照国家出入境检验检疫部门的要求随附合格证明材料。

Article 93: 进口尚无食品安全国家标准的食品,由境外出口商、境外生产企业或者其委托的进口商向国务院卫生行政部门提交所执行的相关国家(地区)标准或者国际标准。 国务院卫生行政部门对相关标准进行审查,认为符合食品安全要求的,决定暂予适用,并及时制定相应的食品安全国家标准。 进口利用新的食品原料生产的食品或者进口食品添加剂新品种、食品相关产品新品种,依照本法第三十七条的规定办理。

出入境检验检疫机构按照国务院卫生行政部门的要求,对前款规定的食品、食品添加剂、食品相关产品进行检验。 检验结果应当公开。

Article 94: 境外出口商、境外生产企业应当保证向我国出口的食品、食品添加剂、食品相关产品符合本法以及我国其他有关法律、行政法规的规定和食品安全国家标准的要求,并对标签、说明书的内容负责。

进口商应当建立境外出口商、境外生产企业审核制度,重点审核前款规定的内容;审核不合格的,不得进口。

发现进口食品不符合我国食品安全国家标准或者有证据证明可能危害人体健康的,进口商应当立即停止进口,并依照本法第六十三条的规定召回。

Article 95:Where a food safety incident occurring overseas might impact China domestically, or where a major food safety problem has been detected in imported food, food additives or food-related products, the national exit-entry inspection and quarantine departments shall promptly issue a risk alert or take control measures and notify the administrative departments for food and drug administration, health and agriculture under the State Council. . These departments shall take corresponding actions immediately after receiving the notification

县级以上人民政府食品药品监督管理部门对国内市场上销售的进口食品、食品添加剂实施监督管理。 发现存在严重食品安全问题的,国务院食品药品监督管理部门应当及时向国家出入境检验检疫部门通报。 The national exit-entry inspection and quarantine departments shall promptly take corresponding actions.

Article 96:Exporters or agents exporting food to China, and importers of food shall be put on record at the national exit-entry inspection and quarantine department. Overseas food producers exporting food to China shall register at the national exit-entry inspection and quarantine agency. 已经注册的境外食品生产企业提供虚假材料,或者因其自身的原因致使进口食品发生重大食品安全事故的,国家出入境检验检疫部门应当撤销注册并公告。

The national exit-entry inspection and quarantine department shall regularly publish the lists of foreign exporters, agents and importers on record as well as registered overseas food producers.

Article 97:Imported pre-packaged food shall have Chinese language labels; shall have instruction books in accordance with law, and shall also have Chinese instruction books. Labels and instructions shall comply with this Law and provisions of other laws, regulations and food safety standards of China and shall indicate country of origin and name, address, and contact information of the domestic agent. Prepackaged food without Chinese-language labels or instructions or with labels and instructions that do not comply with this Law, must not be imported. 

Article 98: 进口商应当建立食品、食品添加剂进口和销售记录制度,如实记录食品、食品添加剂的名称、规格、数量、生产日期、生产或者进口批号、保质期、境外出口商和购货者名称、地址及联系方式、交货日期等内容,并保存相关凭证。 The period for storing records and certificates shall comply with the provisions of the second paragraph of article 50 of this law.

Article 99:Producers of exported food shall guarantee that their exported food complies with the standards of the importing countries (regions) or with contractual requirements.

Producers of exported food, planting or breeding farms of raw materials for exported food shall be put on record at the national exit-entry inspection and quarantine department.

Article 100:The national exit-entry inspection and quarantine department shall collect and consolidate safety the following information on imported and exported food and promptly give notice of it to relevant departments, institutions, and enterprises.

(一)出入境检验检疫机构对进出口食品实施检验检疫发现的食品安全信息;

(二)食品行业协会和消费者协会等组织、消费者反映的进口食品安全信息;

(三)国际组织、境外政府机构发布的风险预警信息及其他食品安全信息,以及境外食品行业协会等组织、消费者反映的食品安全信息;

(4) Other food safety information

The national exit-entry inspection and quarantine department shall implement credit management, establish credit records and and publish credit records to the public for food importers, exporters, and producers of export foods. 对有不良记录的进口商、出口商和出口食品生产企业,应当加强对其进出口食品的检验检疫。

Article 101: 国家出入境检验检疫部门可以对向我国境内出口食品的国家(地区)的食品安全管理体系和食品安全状况进行评估和审查,并根据评估和审查结果,确定相应检验检疫要求。

Chapter VII: Handling of Food Safety Incidents

Article 102:The State Council shall organize the formulation of emergency plans for national food safety incidents.

Local people's governments at the county level or above shall formulate emergency response plans for food safety incidents within their administrative region, based on relevant laws, regulations, and the food safety emergency response plan of the higher level government and the local situation and shall submit their plans to the higher level government for the official record.

食品安全事故应急预案应当对食品安全事故分级、事故处置组织指挥体系与职责、预防预警机制、处置程序、应急保障措施等作出规定。

Food producers and traders shall develop a response plan for food safety incidents, regularly inspect the implementation of preventive measures related to food safety, and promptly clear incidents and risks..

Article 103: The organization where a food safety incident has occurred shall take immediate actions to prevent the incident from spreading. The organization where the incident has occurred and institutions that receive and treat patients shall promptly report to the food and drug administration and the administrative department of health for the people's government at the county level.

The administrative departments of quality supervision, agriculture, and other such departments of people's governments at the county level or above shall report to the food and drug administration department at the same level upon discovering a food safety incident in their daily supervision and management or hearing a report of a food safety incident.

Where a food safety incident occurs, the food and drug administration department of the county level people's governments receiving the report shall report to the local People’s Government and the food and drug administration department People’s Government at the level above in accordance with the emergency response plan. The county level People’s Government and the food and drug administration department at the higher level shall report to higher authorities accordingly.

Units and individuals must not conceal, falsely report, delay reporting, and must not conceal, fabricate or destroy the evidence of any food safety accident.

Article 104: Having found that the patient it receives is one with or suspected of a foodborne disease, a medical institution shall promptly report relevant information to the health administrative department of the local county-level people's government. Where the health administrative department considers [the case] to be related to food safety, it shall promptly notify the food and drug supervision and administration department at the same level.

Where the health administrative departments of the people's governments at or above the county level discover information related to food safety in the course of investigating and handling infectious diseases or other public health emergencies, they shall promptly notify the food and drug supervision and administration departments at the same level.

Article 105: After receiving the food safety incident report, the food and drug administration departments of people's governments at the county level or above shall immediately work together with the administrative departments of health, quality supervision, agriculture and other departments to conduct an investigation and handle incident and take the following measures prevent or mitigate the hazard to the public:

(1) Carry out emergency first aid treatment, and organize health workers who can provide treatment to patients who have been harmed through food safety accidents;

(2) Preserve the food item, including raw materials, that are suspected to have caused the food safety accident, and immediately begin an investigation; if the food or raw materials are confirmed to have been contaminated, order the manager of the foodstuff production process to conduct a recall or stop production in accordance with Article 63 of this Law;

(3) Preserve samples of the contaminated food and any other interrelated products, and order a cleaning and sterilization of the food production environment;

(4) Properly handle news releases on disclosing the food safety accident and the treatment, explaining and clarifying on possible hazards.

Where a food safety incident occurs and requires initiation of the emergency response plan, the People’s Government at the county level or above shall immediately establish a commanding organization handling the incident, activate the emergency plan, and handle the accident according to the provisions of the preceding paragraph and the emergency response plan.

When a food safety accident occurs, public health control authorities at the county level and above should be responsible for conducting on-site hygienic interventions, and conduct an epidemiological study regarding the possible factors causing the issue. Relevant departments should provide full cooperation. Public health control authorities at the country level and above should submit epidemiological reports to food and drug regulatory administrations and public health administrative authorities at the same administrative level.

Article 106:  发生食品安全事故,设区的市级以上人民政府食品药品监督管理部门应当立即会同有关部门进行事故责任调查,督促有关部门履行职责,向本级人民政府和上一级人民政府食品药品监督管理部门提出事故责任调查处理报告。

The State Council food and drug supervision and administration department have responsibility for organizing the investigation of major food safety incidents involving more than two provinces, autonomous regions, or directly governed municipalities, in accordance with the provisions of the preceding paragraph.

Article 107:Investigations into food safety accidents should "seek truth from facts" and respect scientific principles. Investigations should also seek to quickly, accurately, and thoroughly identify the characteristics and cause of these food safety accidents, assign responsibility for the accident, and implement corrective measures.

In addition to identifying the liabilities of the organization where the food safety incident occurred, investigation of food safety incidents shall also cover any responsibility of staff at relevant regulatory organs, food inspection establishments, and certification institutions.

Article 108:Food safety investigatory authorities have the right to request information regarding the details of the food safety incident from relevant units and individuals, and require the submission of corroborating materials and samples. Relevant units and individuals should cooperate with investigations, and supply materials and samples as requested. They may not refuse.

No unit or individual may obstruct or interfere with the performance of food safety accident investigations.

  Chapter VIII: Supervision and Management

Article 109: 县级以上人民政府食品药品监督管理、质量监督部门根据食品安全风险监测、风险评估结果和食品安全状况等,确定监督管理的重点、方式和频次,实施风险分级管理。

Local People’s Governments at the county level or above organize the departments for food and drug administration, quality supervision, agriculture and other departments in formulating the annual plan for food safety oversight and management within their administrative region, publishing it and organizing its implementation.

食品安全年度监督管理计划应当将下列事项作为监督管理的重点:

(1) Principle and supplementary food intended for infants and other specific populations;

(二)保健食品生产过程中的添加行为和按照注册或者备案的技术要求组织生产的情况,保健食品标签、说明书以及宣传材料中有关功能宣传的情况;

(三)发生食品安全事故风险较高的食品生产经营者;

(四)食品安全风险监测结果表明可能存在食品安全隐患的事项。

Article 110:The food and drug administration, and administrative departments of quality supervision,and other departments for people's governments at the county level or above perform their respective duties of food safety oversight and management and have the right to take the following measuresand conduct supervision and inspection of producers and operators compliance with this law:

(1) Enter production and trading sites for field inspection;

(二)对生产经营的食品、食品添加剂、食品相关产品进行抽样检验;

(3) Review and copy relevant contracts, documents, notebooks, and other information;

(四)查封、扣押有证据证明不符合食品安全标准或者有证据证明存在安全隐患以及用于违法生产经营的食品、食品添加剂、食品相关产品;

(五)查封违法从事生产经营活动的场所。

Article 111:对食品安全风险评估结果证明食品存在安全隐患,需要制定、修订食品安全标准的,在制定、修订食品安全标准前,国务院卫生行政部门应当及时会同国务院有关部门规定食品中有害物质的临时限量值和临时检验方法,作为生产经营和监督管理的依据。

Article 112: 县级以上人民政府食品药品监督管理部门在食品安全监督管理工作中可以采用国家规定的快速检测方法对食品进行抽查检测。

对抽查检测结果表明可能不符合食品安全标准的食品,应当依照本法第八十七条的规定进行检验。 抽查检测结果确定有关食品不符合食品安全标准的,可以作为行政处罚的依据。

Article 113: 县级以上人民政府食品药品监督管理部门应当建立食品生产经营者食品安全信用档案,记录许可颁发、日常监督检查结果、违法行为查处等情况,依法向社会公布并实时更新;对有不良信用记录的食品生产经营者增加监督检查频次,对违法行为情节严重的食品生产经营者,可以通报投资主管部门、证券监督管理机构和有关的金融机构。

Article 114: 食品生产经营过程中存在食品安全隐患,未及时采取措施消除的,县级以上人民政府食品药品监督管理部门可以对食品生产经营者的法定代表人或者主要负责人进行责任约谈。 食品生产经营者应当立即采取措施,进行整改,消除隐患。 责任约谈情况和整改情况应当纳入食品生产经营者食品安全信用档案。

Article 115: 县级以上人民政府食品药品监督管理、质量监督等部门应当公布本部门的电子邮件地址或者电话,接受咨询、投诉、举报。 接到咨询、投诉、举报,对属于本部门职责的,应当受理并在法定期限内及时答复、核实、处理;对不属于本部门职责的,应当移交有权处理的部门并书面通知咨询、投诉、举报人。 有权处理的部门应当在法定期限内及时处理,不得推诿。 对查证属实的举报,给予举报人奖励。

有关部门应当对举报人的信息予以保密,保护举报人的合法权益。 举报人举报所在企业的,该企业不得以解除、变更劳动合同或者其他方式对举报人进行打击报复。

Article 116: 县级以上人民政府食品药品监督管理、质量监督等部门应当加强对执法人员食品安全法律、法规、标准和专业知识与执法能力等的培训,并组织考核。 不具备相应知识和能力的,不得从事食品安全执法工作。

食品生产经营者、食品行业协会、消费者协会等发现食品安全执法人员在执法过程中有违反法律、法规规定的行为以及不规范执法行为的,可以向本级或者上级人民政府食品药品监督管理、质量监督等部门或者监察机关投诉、举报。 接到投诉、举报的部门或者机关应当进行核实,并将经核实的情况向食品安全执法人员所在部门通报;涉嫌违法违纪的,按照本法和有关规定处理。

Article 117: 县级以上人民政府食品药品监督管理等部门未及时发现食品安全系统性风险,未及时消除监督管理区域内的食品安全隐患的,本级人民政府可以对其主要负责人进行责任约谈。

地方人民政府未履行食品安全职责,未及时消除区域性重大食品安全隐患的,上级人民政府可以对其主要负责人进行责任约谈。

被约谈的食品药品监督管理等部门、地方人民政府应当立即采取措施,对食品安全监督管理工作进行整改。

责任约谈情况和整改情况应当纳入地方人民政府和有关部门食品安全监督管理工作评议、考核记录。

Article 118: 国家建立统一的食品安全信息平台,实行食品安全信息统一公布制度。 国家食品安全总体情况、食品安全风险警示信息、重大食品安全事故及其调查处理信息和国务院确定需要统一公布的其他信息由国务院食品药品监督管理部门统一公布。 食品安全风险警示信息和重大食品安全事故及其调查处理信息的影响限于特定区域的,也可以由有关省、自治区、直辖市人民政府食品药品监督管理部门公布。 The information described above must not be released without authorization.

县级以上人民政府食品药品监督管理、质量监督、农业行政部门依据各自职责公布食品安全日常监督管理信息。

公布食品安全信息,应当做到准确、及时,并进行必要的解释说明,避免误导消费者和社会舆论。

Article 119: 县级以上地方人民政府食品药品监督管理、卫生行政、质量监督、农业行政部门获知本法规定需要统一公布的信息,应当向上级主管部门报告,由上级主管部门立即报告国务院食品药品监督管理部门;必要时,可以直接向国务院食品药品监督管理部门报告。

县级以上人民政府食品药品监督管理、卫生行政、质量监督、农业行政部门应当相互通报获知的食品安全信息。

Article 120:No entity or individual may fabricate or distribute false information about food safety.

县级以上人民政府食品药品监督管理部门发现可能误导消费者和社会舆论的食品安全信息,应当立即组织有关部门、专业机构、相关食品生产经营者等进行核实、分析,并及时公布结果。

Article 121: 县级以上人民政府食品药品监督管理、质量监督等部门发现涉嫌食品安全犯罪的,应当按照有关规定及时将案件移送公安机关。 Public security organs shall promptly review transferred cases and where finding that there are facts of a crime that needs to be pursued for criminal liability, they shall file the case and investigate.

公安机关在食品安全犯罪案件侦查过程中认为没有犯罪事实,或者犯罪事实显著轻微,不需要追究刑事责任,但依法应当追究行政责任的,应当及时将案件移送食品药品监督管理、质量监督等部门和监察机关,有关部门应当依法处理。

公安机关商请食品药品监督管理、质量监督、环境保护等部门提供检验结论、认定意见以及对涉案物品进行无害化处理等协助的,有关部门应当及时提供,予以协助。

Chapter IX: Legal Responsibility

Article 122:Where food producers or operations violate this Law by engaging in food production or operations without licenses, or in production of food additives without licenses, the food and drug administration departments of people's governments at the county level or above shall confiscate their unlawful gains and illegally produced or traded food and food additives, as well as tools, equipment, raw materials and other items used in illegal production or operations; where the total value of the food or food additives is less than RMB 10,000, they are subject to a fine of RMB 50,000 - 100,000; where the total value of the food or food additives is more than RMB 10,000 they are fined between 10 and 20 times the total value.

Where [those who] clearly know [others] have engaged in the illegal acts set forth in the preceding paragraph still provide the latter with production or operation venues or other conditions, the food and drug supervision and administration departments of people's governments at or above the county level shall order them to cease illegal acts, confiscate their unlawful gains, and impose a fine between RMB 50,000 and 100,000; where they infringe upon the lawful rights and interests of the consumers, they bear joint and several liabilities with the producers and operators of food and food additives.

Article 123:Where this Law is violated in any of the following circumstances, but it does not constitute a crime, the food and drug administration departments of people's governments at the county level or above shall confiscate their unlawful gains and illegally produced or traded food and food additives, and may confiscate tools, equipment, raw materials and other items used in illegal production or operations; where the total value of the food or food additives is less than RMB 10,000, they are subject to a fine of RMB 50,000 - 100,000; where the total value of the food or food additives is more than RMB 10,000 they are fined between 10 and 20 times the total value; and where the circumstances are serious, cancel their licence:

(1) Using non-food raw materials to produce food, adding chemical materials or other substances that may threaten human health other than food additives to food products, using recycled food products as the raw materials in food production, or selling any aforementioned food products;

(2) Producing or selling food items whose nutritional content does not meet safety standards in primary or supplementary food products meant for children and other specially identified groups;

(3) Selling fowl, livestock, or aquatic animal meat from organisms that died from illness, poison, or unknown causes, or producing or selling products derived therefrom;

(4) Produced food or food additives that are rotten or spoiled, has rancid fat, grows with molds or insects, is dirty or contaminated, contains foreign matters, has been adulterated, or displays abnormal sensory indication;

(5) Producing or selling food products that have been designated by the state not to be produced or sold on the basis of preventing disease or any other special reason;

(6) Producing or selling food products with added medicine.

Where [those] clearly know [others] have engaged in the illegal acts set forth in the preceding paragraph still provide the latter with production or operation venues of other conditions, the food and drug supervision and administration departments of people's governments at or above the county level shall order them to cease illegal acts, confiscate their unlawful gains, and impose a fine between RMB 100,000 and 200,000; where they infringe upon the lawful rights and interests of consumers, they shall bear joint and several liabilities with food producers and operators.

Where one illegally uses hypertoxic or highly toxic pesticides, aside from imposing penalties according to the provisions of relevant laws and regulations, the public security organs can impose detention as stipulated in Paragraph 1.

Article 124:Where this Law is violated in any of the following circumstances, but it does not constitute a crime, the food and drug administration departments of people's governments at the county level or above shall confiscate their unlawful gains and illegally produced or traded food and food additives, and may confiscate tools, equipment, raw materials and other items used in illegal production or operations; where the total value of the food or food additives is less than RMB 10,000, they are subject to a fine of RMB 50,000 - 100,000; where the total value of the food or food additives is more than RMB 10,000 they are fined between 10 and 20 times the total value; and where the circumstances are serious, cancel their licence:

(1) Producing or trading food or food additives which exceed food safety standard limits in their content of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals, and other contaminants and other materials hazardous to human health;

(2) Producing food with food raw materials or food additives exceeding their shelf lives, or trading said food or food additives;

(2) Producing or trading food containing food additives exceeding scopes or quantity limits;

(4) Producing or trading food or food additives which are rotten or spoiled, have rancid fat, mold or insects, are dirty or contaminated, contain foreign matters, have been adulterated, or display abnormal sensory indications;

(5) Producing or trading food or food additives marked with false production dates or shelf lives, or exceeding shelf lives;

(6) Producing or trading health food, formula food for special medical uses or infant formula milk powder which have not been registered according to regulations, or failing to organize production [of said products] in accordance with registered product formula, manufacturing techniques and other technical requirements

(7) Producing infant formula milk powder through sub-assembly, or the same enterprise producing infant formula milk powder of different brands with the same formula;

(8) Producing food with new food raw materials or producing new varieties of food additives, having failed to pass safety assessment;

(9) Where after a food producer or operation has been ordered to recall a food or stop operations by a food and drug administration department, but still refuses to make the recall or suspend operations.

In addition to the circumstances stipulated by the preceding paragraph and by Articles 123 and 125 of this Law, where one produces or trades foods or food additives in violation of laws, regulations or food safety standards, he shall be punished in accordance with the preceding paragraph.

Where one produces new varieties of food-related products, having failed to pass safety assessment, or produces food-related products that do not comply with food safety standards, he shall be punished by the quality supervision departments of the people's governments at or above the county level in accordance with the first paragraph.

Article 125:Where this Law is violated in any of the following circumstances, the food and drug administration departments of people's governments at the county level or above shall confiscate their unlawful gains and illegally produced or traded food and food additives, and may confiscate tools, equipment, raw materials and other items used in illegal production or operations; where the total value of the food or food additives is less than RMB 10,000, they are subject to a fine of RMB 5,000 - 50,000; where the total value of the food or food additives is more than RMB 10,000 they are fined between 5 and 10 times the total value; and where the circumstances are serious, cancel their licence:

(1) Producing or trading food or food additives that have been contaminated by packaging materials, containers, transportation vehicles, and so forth;

(2) Producing or trading pre-packaged food or food additives without labels or the labels or instruction manuals thereof do not comply with the provisions of this Law;<br><br> (3) Producing transgenic food, having failed to indicate according to regulations;

(4) Food producers or operators purchasing or using food raw materials, food additives, or food-related products that do not comply with food safety standards.

Where the labels or instructions manuals of produced or traded food or food additives are flawed, but do not affect food safety nor will they mislead consumers, the food and drug supervision and administration departments of the people's governments at or above the country level shall order correction; where one refuses to rectify, [said departments] shall impose a fine of less than 2,000 yuan.

Article 126:Where this law is violated in any of the following circumstances, the food and drug administration departments of people's governments at the county level or above will order corrections or give warning; where correction are refused, be subject to a fine of RMB5,000 - 50,000; and where circumstances are serious, be ordered to stop business or even have their license revoked:

(1) conducting inspections of raw food material and produced food products against procedures by producers of food and food additives;

(二)食品生产经营企业未按规定建立食品安全管理制度,或者未按规定配备或者培训、考核食品安全管理人员;

(三)食品、食品添加剂生产经营者进货时未查验许可证和相关证明文件,或者未按规定建立并遵守进货查验记录、出厂检验记录和销售记录制度;

(四)食品生产经营企业未制定食品安全事故处置方案;

(五)餐具、饮具和盛放直接入口食品的容器,使用前未经洗净、消毒或者清洗消毒不合格,或者餐饮服务设施、设备未按规定定期维护、清洗、校验;

(六)食品生产经营者安排未取得健康证明或者患有国务院卫生行政部门规定的有碍食品安全疾病的人员从事接触直接入口食品的工作;

(七)食品经营者未按规定要求销售食品;

(八)保健食品生产企业未按规定向食品药品监督管理部门备案,或者未按备案的产品配方、生产工艺等技术要求组织生产;

(九)婴幼儿配方食品生产企业未将食品原料、食品添加剂、产品配方、标签等向食品药品监督管理部门备案;

(十)特殊食品生产企业未按规定建立生产质量管理体系并有效运行,或者未定期提交自查报告;

(十一)食品生产经营者未定期对食品安全状况进行检查评价,或者生产经营条件发生变化,未按规定处理;

(十二)学校、托幼机构、养老机构、建筑工地等集中用餐单位未按规定履行食品安全管理责任;

(十三)食品生产企业、餐饮服务提供者未按规定制定、实施生产经营过程控制要求。

餐具、饮具集中消毒服务单位违反本法规定用水,使用洗涤剂、消毒剂,或者出厂的餐具、饮具未按规定检验合格并随附消毒合格证明,或者未按规定在独立包装上标注相关内容的,由县级以上人民政府卫生行政部门依照前款规定给予处罚。

食品相关产品生产者未按规定对生产的食品相关产品进行检验的,由县级以上人民政府质量监督部门依照第一款规定给予处罚。

食用农产品销售者违反本法第六十五条规定的,由县级以上人民政府食品药品监督管理部门依照第一款规定给予处罚。

Article 127: 对食品生产加工小作坊、食品摊贩等的违法行为的处罚,依照省、自治区、直辖市制定的具体管理办法执行。

Article 128:Where, in violation of this Law, after a food safety incident occurs, the unit where it occurred fails to handle or report it, the food and drug administration departments of people's governments at the county level or above will order corrections or give warnings ; where relevant evidence is concealed, fabricated, or destroyed, oder the suspension of business and confiscation of unlawful gains, as well giving a fine of RMB 100,000 - 500,000; and where serious consequences result, cancel their license.

Article 129:In any of the following circumstances, violations of this Law, will be given the punishment according to Article 124 of this law by entry and exit inspection and quarantine organization:

(一)提供虚假材料,进口不符合我国食品安全国家标准的食品、食品添加剂、食品相关产品;

(二)进口尚无食品安全国家标准的食品,未提交所执行的标准并经国务院卫生行政部门审查,或者进口利用新的食品原料生产的食品或者进口食品添加剂新品种、食品相关产品新品种,未通过安全性评估;

(三)未遵守本法的规定出口食品;

(四)进口商在有关主管部门责令其依照本法规定召回进口的食品后,仍拒不召回。

违反本法规定,进口商未建立并遵守食品、食品添加剂进口和销售记录制度、境外出口商或者生产企业审核制度的,由出入境检验检疫机构依照本法第一百二十六条的规定给予处罚。

Article 130: 违反本法规定,集中交易市场的开办者、柜台出租者、展销会的举办者允许未依法取得许可的食品经营者进入市场销售食品,或者未履行检查、报告等义务的,由县级以上人民政府食品药品监督管理部门责令改正,没收违法所得,并处五万元以上二十万元以下罚款;造成严重后果的,责令停业,直至由原发证部门吊销许可证;使消费者的合法权益受到损害的,应当与食品经营者承担连带责任。

食用农产品批发市场违反本法第六十四条规定的,依照前款规定承担责任。

Article 131: 违反本法规定,网络食品交易第三方平台提供者未对入网食品经营者进行实名登记、审查许可证,或者未履行报告、停止提供网络交易平台服务等义务的,由县级以上人民政府食品药品监督管理部门责令改正,没收违法所得,并处五万元以上二十万元以下罚款;造成严重后果的,责令停业,直至由原发证部门吊销许可证;使消费者的合法权益受到损害的,应当与食品经营者承担连带责任。

消费者通过网络食品交易第三方平台购买食品,其合法权益受到损害的,可以向入网食品经营者或者食品生产者要求赔偿。 网络食品交易第三方平台提供者不能提供入网食品经营者的真实名称、地址和有效联系方式的,由网络食品交易第三方平台提供者赔偿。 网络食品交易第三方平台提供者赔偿后,有权向入网食品经营者或者食品生产者追偿。 网络食品交易第三方平台提供者作出更有利于消费者承诺的,应当履行其承诺。

Article 132: 违反本法规定,未按要求进行食品贮存、运输和装卸的,由县级以上人民政府食品药品监督管理等部门按照各自职责分工责令改正,给予警告;拒不改正的,责令停产停业,并处一万元以上五万元以下罚款;情节严重的,吊销许可证。

Article 133:  违反本法规定,拒绝、阻挠、干涉有关部门、机构及其工作人员依法开展食品安全监督检查、事故调查处理、风险监测和风险评估的,由有关主管部门按照各自职责分工责令停产停业,并处二千元以上五万元以下罚款;情节严重的,吊销许可证;构成违反治安管理行为的,由公安机关依法给予治安管理处罚。

违反本法规定,对举报人以解除、变更劳动合同或者其他方式打击报复的,应当依照有关法律的规定承担责任。

Article 134: 食品生产经营者在一年内累计三次因违反本法规定受到责令停产停业、吊销许可证以外处罚的,由食品药品监督管理部门责令停产停业,直至吊销许可证。

Article 135: 被吊销许可证的食品生产经营者及其法定代表人、直接负责的主管人员和其他直接责任人员自处罚决定作出之日起五年内不得申请食品生产经营许可,或者从事食品生产经营管理工作、担任食品生产经营企业食品安全管理人员。

因食品安全犯罪被判处有期徒刑以上刑罚的,终身不得从事食品生产经营管理工作,也不得担任食品生产经营企业食品安全管理人员。

Where employees of a food producer or operation violate the provisions of the preceding two paragraphs , the food and drug administration of the people's government at the county level or above cancel its licenses.

Article 136: 食品经营者履行了本法规定的进货查验等义务,有充分证据证明其不知道所采购的食品不符合食品安全标准,并能如实说明其进货来源的,可以免予处罚,但应当依法没收其不符合食品安全标准的食品;造成人身、财产或者其他损害的,依法承担赔偿责任。

Article 137: 违反本法规定,承担食品安全风险监测、风险评估工作的技术机构、技术人员提供虚假监测、评估信息的,依法对技术机构直接负责的主管人员和技术人员给予撤职、开除处分;有执业资格的,由授予其资格的主管部门吊销执业证书。

Article 138: 违反本法规定,食品检验机构、食品检验人员出具虚假检验报告的,由授予其资质的主管部门或者机构撤销该食品检验机构的检验资质,没收所收取的检验费用,并处检验费用五倍以上十倍以下罚款,检验费用不足一万元的,并处五万元以上十万元以下罚款;依法对食品检验机构直接负责的主管人员和食品检验人员给予撤职或者开除处分;导致发生重大食品安全事故的,对直接负责的主管人员和食品检验人员给予开除处分。

违反本法规定,受到开除处分的食品检验机构人员,自处分决定作出之日起十年内不得从事食品检验工作;因食品安全违法行为受到刑事处罚或者因出具虚假检验报告导致发生重大食品安全事故受到开除处分的食品检验机构人员,终身不得从事食品检验工作。 食品检验机构聘用不得从事食品检验工作的人员的,由授予其资质的主管部门或者机构撤销该食品检验机构的检验资质。

Where food inspection establishments issue false inspection reports, causing damages to the lawful rights and interests of consumers, they shall bear joint liabilities with the food producer or operation.

Article 139: 违反本法规定,认证机构出具虚假认证结论,由认证认可监督管理部门没收所收取的认证费用,并处认证费用五倍以上十倍以下罚款,认证费用不足一万元的,并处五万元以上十万元以下罚款;情节严重的,责令停业,直至撤销认证机构批准文件,并向社会公布;对直接负责的主管人员和负有直接责任的认证人员,撤销其执业资格。

Where certification authorities issue false certification conclusions, causing damages to the lawful rights and interests of consumers, they shall bear joint liabilities with the food producer and trader.

Article 140:Advertising containing false publicity on food to cheat the consumers in violation of the Law, or publication of documents that have not been approved or advertising content that is not the same as that approved for health foods,is punished according to the Advertising Law of the People’s Republic of China.

Where Advertising agents or publishers design, draft or publish false food advertisements, causing injury to the lawful rights and interests of consumers, they shall bear joint liabilities with the food producer and trader.

Social groups or other organizations or individuals who recommend foods to consumers in false advertisements or other false publicity, causing injury to the lawful rights and interests of consumers, shall bear joint liabilities with the food producer and trader.

Where, in violation of this law, a food and drug administration or other such department, food inspection establishment, food industry association, recommends foods to consumers via advertising or other forms, or where consumer associations recommend foods to consumers for a fee or to otherwise gain a bennefit, the relevant authorities shall confiscate the unlawful gains, and the persons who are directly in charge and and other directly responsible personnel shall be given the punishments of demerits, demotion or removal from the office; and where circumstances are serious, terminated.

对食品作虚假宣传且情节严重的,由省级以上人民政府食品药品监督管理部门决定暂停销售该食品,并向社会公布;仍然销售该食品的,由县级以上人民政府食品药品监督管理部门没收违法所得和违法销售的食品,并处二万元以上五万元以下罚款。

Article 141 : 违反本法规定,编造、散布虚假食品安全信息,构成违反治安管理行为的,由公安机关依法给予治安管理处罚。

媒体编造、散布虚假食品安全信息的,由有关主管部门依法给予处罚,并对直接负责的主管人员和其他直接责任人员给予处分;使公民、法人或者其他组织的合法权益受到损害的,依法承担消除影响、恢复名誉、赔偿损失、赔礼道歉等民事责任。

Article 142: 违反本法规定,县级以上地方人民政府有下列行为之一的,对直接负责的主管人员和其他直接责任人员给予记大过处分;情节较重的,给予降级或者撤职处分;情节严重的,给予开除处分;造成严重后果的,其主要负责人还应当引咎辞职:

(一)对发生在本行政区域内的食品安全事故,未及时组织协调有关部门开展有效处置,造成不良影响或者损失;

(二)对本行政区域内涉及多环节的区域性食品安全问题,未及时组织整治,造成不良影响或者损失;

(三)隐瞒、谎报、缓报食品安全事故;

(四)本行政区域内发生特别重大食品安全事故,或者连续发生重大食品安全事故。

Article 143: 违反本法规定,县级以上地方人民政府有下列行为之一的,对直接负责的主管人员和其他直接责任人员给予警告、记过或者记大过处分;造成严重后果的,给予降级或者撤职处分:

(一)未确定有关部门的食品安全监督管理职责,未建立健全食品安全全程监督管理工作机制和信息共享机制,未落实食品安全监督管理责任制;

(二)未制定本行政区域的食品安全事故应急预案,或者发生食品安全事故后未按规定立即成立事故处置指挥机构、启动应急预案。

Article 144: 违反本法规定,县级以上人民政府食品药品监督管理、卫生行政、质量监督、农业行政等部门有下列行为之一的,对直接负责的主管人员和其他直接责任人员给予记大过处分;情节较重的,给予降级或者撤职处分;情节严重的,给予开除处分;造成严重后果的,其主要负责人还应当引咎辞职:

(一)隐瞒、谎报、缓报食品安全事故;

(二)未按规定查处食品安全事故,或者接到食品安全事故报告未及时处理,造成事故扩大或者蔓延;

(三)经食品安全风险评估得出食品、食品添加剂、食品相关产品不安全结论后,未及时采取相应措施,造成食品安全事故或者不良社会影响;

(四)对不符合条件的申请人准予许可,或者超越法定职权准予许可;

(五)不履行食品安全监督管理职责,导致发生食品安全事故。

Article 145 : 违反本法规定,县级以上人民政府食品药品监督管理、卫生行政、质量监督、农业行政等部门有下列行为之一,造成不良后果的,对直接负责的主管人员和其他直接责任人员给予警告、记过或者记大过处分;情节较重的,给予降级或者撤职处分;情节严重的,给予开除处分:

(一)在获知有关食品安全信息后,未按规定向上级主管部门和本级人民政府报告,或者未按规定相互通报;

(二)未按规定公布食品安全信息;

(三)不履行法定职责,对查处食品安全违法行为不配合,或者滥用职权、玩忽职守、徇私舞弊。

Article 146: 食品药品监督管理、质量监督等部门在履行食品安全监督管理职责过程中,违法实施检查、强制等执法措施,给生产经营者造成损失的,应当依法予以赔偿,对直接负责的主管人员和其他直接责任人员依法给予处分。

Article 147:Violators of this Law causing personal or property damage or other harm are liable for compensation in accordance with law. When producers or operators have insufficient assets for payment of civil compensatory liability and fines , the civil compensation shall be enforced first.

Article 148:Where consumers are harmed by food that does not meet food safety standards, they may request compensation from food traders, and may also request compensation from food producers. 接到消费者赔偿要求的生产经营者,应当实行首负责任制,先行赔付,不得推诿;属于生产者责任的,经营者赔偿后有权向生产者追偿;属于经营者责任的,生产者赔偿后有权向经营者追偿。

生产不符合食品安全标准的食品或者经营明知是不符合食品安全标准的食品,消费者除要求赔偿损失外,还可以向生产者或者经营者要求支付价款十倍或者损失三倍的赔偿金;增加赔偿的金额不足一千元的,为一千元。 However, this excludes food with labels and instructions with defects that do not impact food safety and will not mislead consumers.

Article 149:Where violations of this Law constitute a crime, criminal liability is to be pursued in accordance with law.

Chapter X: Supplementary Provisions

Article 150:In this law, the following terms have these meanings:

Food refers to all kinds of processed or unprocessed substances offered for eating or drinking, as well as substances traditionally considered both food or Chinese medicine materials, but excluding substances solely used for therapeutic purposes.

Food Safety means the assurance that the food is nontoxic, harmless, and compliant with reasonable nutritional requirement, and will not cause any acute, chronic and potential hazards to human health.

Pre-packaged Food means food which is packaged or made in containers or packaging materials in fixed amounts.

Food Additive means any artificial or natural substance, including nutritional supplements, used to improve the quality, color, fragrance, or flavor of food, and used by adding to food to prevent rotting, keep freshness or as required by processing techniques.

Used as Food Container and Packaging Materials means paper, bamboo, wood, metal, porcelain, plastic, rubber, natural fiber, chemical fiber, or glass materials used to contain food or additives, or coatings in direct contact with food or additives.

Tools and equipment used in food production or operations means machines, pipes, conveyor belts, containers, appliances, utensils and other objects that have direct contact with food or food additives during the course production, sale or use of food or food additives.

Used as a food detergent or disinfectant mean substances that are directly used to wash or sterilize food, utensils, drinking vessels and tools, equipment or food containers and packaging materials that have direct contact with food.

Food shelf life means the period for which food will maintain its quality if stored in the manner indicated.

Food Borne Disease means any pathogenic substances entering the body through food which cause infectious, toxic or other disease, including food poisoning.

Food Safety Incident means incidents harmful to human health or potentially harmful incidents caused by food borne diseases or contaminated food.

Article 151:Where this law has no provisions on the food safety management of genetically modified food and salt,apply the provisions of other laws and administrative regulations.

Article 152:The administration measures for food safety in the railway and civil aviation transport shall be formulated by the food and drug supervision and administration department under the State Council together with other relevant departments of the State Council.

The food and drug supervision and administration department under the State Council shall formulate specific management measures for health foods in accordance with this law.

The quality supervision department under the State Council shall formulate specific administrative measures for the production activities of food-related products according to this Law.

Food supervision and administration at national frontier ports shall be enforced by exit-entry inspection and quarantine units according to this Law and other relevant laws and administrative regulations.

The measures for administration of food safety of the special foods and self-supplied foods in the army shall be developed by the Central Military Committee according to this Law.

Article 153:The State Council may adjust the food safety oversight and managemnet system for food safety based on actual requirements.

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

 

 

 

 

 

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