The draft regulations for the implementation of the Food Safety Law have been issued for comments. Details are as follows;
Regulations for the Implementation of the Food Safety Law of the People's Republic of China (Draft)
Chapter I General Provisions
Article 1 These Regulations are formulated for the implementation of the Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law).
article 2 local people's governments at or above the county level shall strengthen the capacity building of food safety supervision and management, and provide guarantee for food safety supervision and management; Establish and improve the coordination mechanism of food safety supervision and management departments, integrate and improve the food safety information network, and realize the sharing of technical resources such as food safety information and food inspection institutions.
article 3 the departments of industry, information technology and commerce in the State Council shall formulate the development plan and industrial policy of the food industry, promote the optimization and upgrading of the industrial structure, guide the construction of the credit system of the food industry, and promote the healthy development of the food industry.
chapter ii food safety risk monitoring, assessment and food safety standards
article 4 the national food safety risk monitoring plan stipulated in article 11 of the food safety law shall be formulated by the health administrative department of the State Council in conjunction with the departments of quality supervision, industry and commerce administration, state food and drug supervision and administration of the State Council and the State Council commerce, according to the needs of food safety risk assessment, formulation or revision of food safety standards and food safety supervision and management.
article 5 the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall organize the quality supervision, industrial and commercial administration, food and drug supervision and administration, commerce and other departments at the same level in their respective places to formulate food safety risk monitoring plans in their respective administrative areas in accordance with the provisions of article 11 of the food safety law, and report them to the health administrative department of the State Council for the record.
the administrative department of health in the State Council shall notify the quality supervision, industry and commerce administration, state food and drug supervision and administration and the State Council commerce department of the filing situation.
Article 6 The departments of agriculture administration, quality supervision, industry and commerce administration, state food and drug supervision and administration in the State Council and commerce in the State Council should take the initiative to collect food safety risk information; When necessary, the administrative department of health of the State Council shall, jointly with the departments of agriculture administration, quality supervision, industry and commerce administration of the State Council, state food and drug supervision and management, and commerce of the State Council, timely adjust the food safety risk monitoring plan after verifying the information.
article 7 the health administrative department of the State Council shall, in addition to adjusting the food safety risk monitoring plan in accordance with article 12 of the food safety law, adjust the food safety risk monitoring plan according to the relevant disease information reported by medical institutions when necessary.
article 8 if a medical institution finds that the patients it receives belong to patients with food-borne diseases or food poisoning, or patients suspected of food-borne diseases or food poisoning, it shall promptly report relevant disease information to the health administrative department of the local people's government at the county level.
the health administrative department that receives the report shall summarize and analyze the information about the disease, and report to the health administrative department at a higher level in time; When necessary, you can directly report to the health administrative department of the State Council. Measures for reporting disease information shall be formulated by the administrative department of health of the State Council.
article 9 food safety risk monitoring shall be undertaken by the technical institutions determined by the health administrative department of the State Council in conjunction with the quality supervision, industrial and commercial administration and the state food and drug supervision and administration departments of the State Council.
technical institutions undertaking food safety risk monitoring shall systematically and continuously carry out monitoring work according to the food safety risk monitoring plan, ensure that the monitoring data are true, accurate and objective, and regularly submit the monitoring data and analysis results to the health administrative department of the State Council and the department that assigned the monitoring task.
the food safety risk monitoring staff can collect samples and relevant data, and can enter the relevant edible agricultural products planting and breeding, food production, food circulation or catering service places; When collecting samples, corresponding fees shall be paid.
article 11 the administrative department of health of the State Council shall collect and summarize the data and analysis results of food safety risk monitoring, and report them to the departments of quality supervision, industry and commerce administration, state food and drug supervision and administration and the State Council commerce.
Article 11 In any of the following circumstances, the health administrative department of the State Council shall organize food safety risk assessment:
(1) Risk assessment is needed to provide a scientific basis for the formulation or revision of national food safety standards;
(2) Risk assessment is necessary to determine the key areas and varieties of supervision and management, and to evaluate the effect of supervision and management measures;
(3) discovering new factors that may endanger food safety;
(4) it is necessary to judge whether a certain factor constitutes a food safety hazard;
(5) it is necessary to judge whether a certain food is safe;
(6) Risk assessment is required in accordance with Articles 44 and 63 of the Food Safety Law;
(7) there are other circumstances that the administrative department of health of the State Council considers necessary for risk assessment.
Article 12 The health administrative department of the State Council shall timely report the results of food safety risk monitoring and risk assessment and other relevant information to the agricultural administrative department of the State Council.
the administrative department of agriculture of the State Council shall timely report the results of risk monitoring and risk assessment of edible agricultural products to the administrative department of health of the State Council.
if the health administrative department of the State Council requires the agricultural administrative department of the State Council to provide the safety assessment results of pesticides, fertilizers, growth regulators, veterinary drugs, feeds and feed additives and other related materials according to the needs of food safety risk assessment, the agricultural administrative department of the State Council shall provide them in time.
article 13 the administrative department of health of the State Council shall, jointly with the departments of agriculture administration, quality supervision, industry and commerce administration, state food and drug supervision and administration and the State Council commerce, formulate the national food safety standard planning and implementation plan. The formulation of the national food safety standard planning and implementation plan shall be publicly solicited.
Article 14 The health administrative department of the State Council shall select units with corresponding technical capabilities to draft the national food safety standards; It is advocated that research institutions, educational institutions, academic organizations, trade associations and other different units should draft the draft national food safety standards together.
The administrative department of health in the State Council should publish the draft national food safety standards to the public for comments.
article 15 the food safety national standard review Committee stipulated in article 23 of the food safety law is composed of relevant experts organized by the health administrative department of the State Council, and representatives from health administration, agricultural administration, quality supervision, industrial and commercial administration, state food and drug supervision and management in the State Council, and industry, information technology and commerce in the State Council.
the national food safety standards review Committee is responsible for reviewing the scientific and practical nature of the draft national food safety standards and the connection between the draft standards and relevant national standards. The working procedures of the National Standards Review Committee for Food Safety shall be formulated by the health administrative department of the State Council.
article 16 the health administrative department of the people's government of a province, autonomous region or municipality directly under the central government shall notify the local quality supervision, industrial and commercial administration, food and drug supervision and management departments at the same level of the enterprise standards submitted for filing by enterprises in accordance with article 25 of the food safety law.
article 17 the administrative department of health of the State Council shall, jointly with the departments of agriculture administration, quality supervision, industry and commerce administration, state food and drug supervision and administration of the State Council and commerce of the State Council, follow up and evaluate the implementation of the national food safety standards, and shall timely organize the revision of the national food safety standards according to the evaluation results.
if the State Council agricultural administration, quality supervision, industrial and commercial administration, state food and drug supervision and administration, the State Council commerce and other departments find problems in the implementation of food safety standards, they shall promptly notify the health administrative department of the State Council.
chapter iii food production and operation
article 18 food producers and operators shall, after obtaining food production licenses, food circulation licenses and catering service licenses according to law, go through industrial and commercial registration according to law.
the validity period of food production license, food circulation license and catering service license is 4 years.
article 19 if the production and operation conditions of food producers and business operators change and do not meet the requirements of food production and operation, they shall immediately stop food production and operation activities and report to the local county-level quality supervision, industrial and commercial administration or food and drug supervision and management departments.
article 21 a food production and marketing enterprise shall, in accordance with the provisions of article 32 of the food safety law, organize employees to participate in food safety training, learn food safety laws, regulations, standards and food safety knowledge, clarify food safety responsibilities, and establish training files.
article 21 food producers and business operators shall establish and implement a health examination system and a health record system for employees in accordance with the provisions of article 34 of the food safety law. If employees suffering from diseases that are prohibited from engaging in the work of contacting directly imported food according to the Food Safety Law engage in the work of contacting directly imported food, food producers and operators shall adjust them to other jobs that do not affect food safety.
article 22 food production enterprises shall establish and implement food safety management systems such as raw material acceptance, production process safety management, storage management, equipment management and unqualified product management, and constantly improve the food safety guarantee system to ensure food safety.
article 23 a food production enterprise shall formulate and implement measures such as purchasing control, feeding control and other key production processes, packaging, storage and transportation control, and inspection control.
if the food production process does not meet the requirements of control measures, the food production enterprise shall immediately find out the reasons and take corrective measures.
article 24 a food production enterprise shall, in addition to recording the incoming goods inspection and the outgoing food inspection in accordance with the provisions of articles 36 and 37 of the food safety law, truthfully record the safety management in the food production process. The retention period of records shall not be less than 2 years.
article 25 food production enterprises shall keep samples in accordance with the relevant inspection regulations when conducting ex-factory inspection of food in accordance with article 38 of the food safety law.
article 26 when establishing a food incoming inspection record system in accordance with paragraph 2 of article 39 of the food safety law, a food trading enterprise shall truthfully record the name, specification, quantity, production batch number, shelf life, supplier's name and contact information, purchase date and other contents of the food, or keep a receipt containing the above information. The retention period of records and bills shall not be less than 2 years.
when selling food, an operating enterprise engaged in food wholesale business shall truthfully record the name, specification, quantity, production batch number, shelf life, name and contact information of the purchaser, sales date and other contents of the wholesale food, or keep the sales bill containing the above information. The retention period of records and bills shall not be less than 2 years.
article 27 the state encourages food producers and business operators to use advanced technical means to record matters required by the food safety law and these regulations.
article 28 catering service providers shall formulate and implement raw material procurement control measures to ensure that the purchased food and food raw materials meet food safety standards.
catering service providers should check the food and food raw materials to be processed in the process of making and processing, and may not process or use them if they find corruption or other sensory properties abnormal.
Article 29 A catering service enterprise shall regularly maintain facilities and equipment such as food processing, storage and display; Regularly clean and check thermal insulation facilities and cold storage and freezing facilities; Wash and disinfect tableware and drinking utensils as required, and store the disinfected tableware and drinking utensils in a special cleaning cabinet for later use. Unserified tableware and drinking utensils shall not be used.
article 31 the food recalled in accordance with article 53 of the food safety law shall be treated harmlessly or destroyed by food producers to prevent it from entering the market again. However, if the recalled food can ensure food safety by modifying the labels, labels, instructions and other remedial measures, food producers can continue to sell after taking remedial measures.
the quality supervision, industrial and commercial administration and food and drug supervision and administration departments at or above the county level shall record the recall or cessation of food business by food producers and operators in the food safety credit files of food producers and operators.
chapter iv food inspection
article 31 where an application for re-inspection is made in accordance with paragraph 3 of article 61 of the food safety law, relevant information shall be provided.
The list of food inspection institutions undertaking re-inspection shall be jointly published by the certification and accreditation supervision and management, health administration, agricultural administration and other departments of the State Council; The re-inspection conclusion issued by the food inspection agency in the list is the final inspection conclusion.
article 32 food producers and business operators apply for re-inspection if they disagree with the conclusion of sampling inspection conducted in accordance with article 61 of the food safety law. if the conclusion of re-inspection shows that the food is qualified, the re-inspection fee shall be borne by the sampling inspection department; If the re-inspection conclusion shows that the food is unqualified, the re-inspection expenses shall be borne by the food producers and operators.
Article 33 If a food inspection agency accepts the entrustment of a food producer or operator to conduct inspection and finds that the sample submitted for inspection is under any of the following circumstances, which may cause food safety accidents, it shall immediately report to the health administrative department of the people's government at the county level where the food producer or operator is located:
(1) It is contaminated by toxic and harmful substances;
(2) containing unknown substances or non-food raw materials;
(3) Other circumstances that seriously fail to meet the food safety standards.
the health administrative department that receives the report shall timely notify the local food safety supervision and administration department at the same level of relevant information.
chapter v food import and export
article 34 when importing food without national food safety standards, or importing new varieties of food additives and new varieties of food-related products for the first time, the importer shall submit the license documents obtained in accordance with article 63 of the food safety law when applying to the national entry-exit inspection and quarantine department for inspection.
after the administrative department of health of the State Council has made a decision on granting permission to imported products in accordance with the provisions of article 63 of the food safety law, the entry-exit inspection and quarantine institution shall conduct inspection in accordance with the provisions of the administrative department of health of the State Council.
article 35 an overseas food production enterprise that is registered in accordance with article 65 of the food safety law and exports food to China shall have a registration period of 4 years. During the validity period of registration, if it is found that the registered overseas food production enterprises provide false materials, or the related imported food causes major food safety accidents, the national entry-exit inspection and quarantine department shall cancel the registration and make an announcement.
Article 36 Imported food additives shall have Chinese labels and instructions. Labels and instructions shall conform to the provisions of the Food Safety Law, other relevant laws and administrative regulations of China and the requirements of national food safety standards, and specify the origin of food additives and the name, address and contact information of domestic agents. Food additives that do not have Chinese labels and instructions or whose labels and instructions do not conform to the provisions of this Article shall not be imported.
article 37 the measures for entry-exit inspection and quarantine institutions to conduct inspection on imported food in accordance with article 62 of the food safety law and conduct supervision and sampling inspection on exported food in accordance with article 68 of the food safety law shall be formulated by the national entry-exit inspection and quarantine department.
article 38 the state entry-exit inspection and quarantine department shall set up an information collection network to collect, summarize and report the following information in accordance with article 69 of the food safety law:
(1) unsafe food letters discovered by entry-exit inspection and quarantine institutions during inspection and quarantine of imported and exported food.