The local market supervision and management departments at or above the county level shall be responsible for organizing the sampling inspection of food safety at the corresponding level, and implementing the sampling inspection of food safety organized by the market supervision and management departments at higher levels in accordance with regulations. Article 4 The market supervision and management department shall, in accordance with the principles of science, openness, fairness and impartiality, take the discovery and investigation of food safety problems as the guide, and organize food safety sampling inspection in the whole process of food production and business activities according to law.
Food producers and operators are the first responsible persons for food safety, and shall cooperate with the food safety sampling inspection organized and implemented by the market supervision and management departments according to law. Article 5 The market supervision and management department shall sign an entrustment agreement with the technical organization undertaking the sampling inspection of food safety (hereinafter referred to as the inspection organization) to clarify the rights and obligations of both parties.
Inspection institutions shall obtain qualification certification in accordance with relevant laws and regulations before engaging in inspection activities. Inspection institutions shall respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.
The market supervision and management department shall supervise and inspect the sampling inspection work of inspection institutions, and shall promptly deal with any defects in inspection capacity or major inspection quality problems in accordance with relevant regulations. Article 6 The State Administration of Market Supervision shall establish a national food safety sampling laboratory information system, regularly analyze food safety sampling inspection data, strengthen early warning of food safety risks, improve relevant supervision and management systems and supervise their implementation.
The local market supervision and management departments at or above the county level shall, in accordance with the provisions, submit and summarize the data of food safety sampling inspection in a timely manner through the national food safety sampling laboratory information system. Article 7 The State Administration of Market Supervision shall be responsible for organizing the formulation of food safety sampling inspection guidelines.
To carry out food safety sampling inspection, we should abide by the guidelines for food safety sampling inspection. Chapter II Planning Article 8 The State Administration of Market Supervision shall, according to the needs of food safety supervision, formulate the annual national food safety sampling plan.
The local market supervision and management departments at or above the county level shall, according to the annual sampling inspection plan formulated by the market supervision and management departments at higher levels and in combination with the actual situation, formulate the food safety sampling inspection work plan in their respective administrative areas.
Market supervision and management departments can carry out food safety sampling inspection irregularly according to the needs of work. Ninth food safety sampling inspection work plan and work plan shall include the following contents:
(1) Food varieties sampled for inspection;
(two) sampling procedures, sampling methods, sampling quantity and other sampling requirements;
(3) Inspection items, inspection methods, judgment basis and other inspection requirements;
(four) the method and time limit for the submission of sampling results and summary analysis;
(five) other contents stipulated by laws, regulations, rules and food safety standards. Tenth the following foods should be the focus of the food safety sampling inspection work plan:
(1) Foods with high risks and rising pollution levels;
(two) food with wide circulation, large consumption and many complaints from consumers;
(three) risk monitoring, supervision and inspection, special rectification, case inspection, accident investigation and emergency disposal of food with hidden dangers;
(four) the main and supplementary foods for infants and other specific groups;
(5) Food handled by schools, kindergartens, catering service units in tourist attractions, central kitchens and collective dining distribution units;
(six) the food that may be illegally added with non-edible substances announced by the relevant departments;
(seven) food that has caused health hazards abroad and there is evidence that it may cause harm in China;
(eight) other foods that should be sampled. Chapter III Sampling Article 11 The market supervision and administration department may conduct sampling by itself or entrust an inspection agency to do so. Food safety sampling shall meet the requirements of randomly selecting sampling objects and randomly determining sampling personnel.
The local market supervision and management departments at or above the county level shall, according to the requirements of the market supervision and management departments at higher levels, cooperate with the food safety sampling inspection. Twelfth food safety sampling inspection shall pay the sample fee. Thirteenth sampling units should establish a food sampling management system, clear job responsibilities, sampling process and work discipline, strengthen the training and guidance of sampling personnel, and ensure the quality of sampling work.
Sampling personnel should be familiar with the relevant provisions of food safety laws, regulations, rules and food safety standards.