Chapter I General Principles

Chapter II Food Hygiene

Chapter III Food Additives Hygiene

Chapter IV Food Containers, Packaging Materials, and Food Tools and Equipment Hygiene

Chapter V Formulation of Food Hygiene Standards and Management Measures

Chapter VI Food Hygiene Management

Chapter VII Food Hygiene Supervision

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of guaranteeing the hygiene of food, preventing the contamination of food and the hazards of harmful factors to the human body, safeguarding the health of the people, and enhancing the physical fitness of the people.

Article 2 The state to implement food hygiene supervision system.

Article 3 The State Council health administrative department in charge of national food hygiene supervision and management work.

The relevant departments of the State Council shall be responsible for the management of food hygiene within their respective areas of responsibility.

Article 4 Anyone who engages in food production and operation in the field of the Chinese People's **** and the State must comply with this Law.

This Law applies to all food, food additives, food containers, packaging materials and food tools, equipment, detergents, disinfectants; also applies to food production and operation of premises, facilities and related environment.

Article 5 The state encourages and protects social groups and individuals to social supervision of food hygiene.

Anyone has the right to report and accuse any violation of this law.

Chapter II Food Hygiene

Article 6 Food shall be non-toxic, harmless, in line with the nutritional requirements should have, with the appropriate color, aroma, taste and other organoleptic properties.

Article VII is exclusively for infants and young children of the main and auxiliary food, must comply with the State Council administrative department of health to develop nutritional and health standards.

Article VIII of the food production and management process must meet the following health requirements:

(a) to maintain a clean internal and external environment, to take measures to eliminate flies, rats, cockroaches and other harmful insects and their breeding conditions, and toxic, harmful places to maintain the required distance;

(b) food production and management enterprises should have the variety of products, the number of food raw materials compatible with Handling, processing, packaging, storage and other plants or premises;

(C) there should be appropriate disinfection, changing, washing, lighting, ventilation, antiseptic, dust, fly, rodent, washing, sewage discharge, storage of garbage and waste facilities;

(D) equipment layout and process flow should be reasonable, to prevent the food to be processed and food directly in the mouth, raw materials and finished products Cross-contamination, food shall not come into contact with toxic substances, unclean substances;

(e) tableware, drinking utensils and containers holding food for direct entry must be washed and disinfected before use, cooking utensils, utensils must be washed after use, to maintain cleanliness;

(f) storage, transportation and loading and unloading of food containers and packaging, tools, equipment and conditions must be safe, harmless, clean, to prevent food contamination;

(vii) equipment layout and processes should be rational to prevent food to be processed and direct food, raw materials and finished products.

(VII) direct access to food should have small packages or use non-toxic, clean packaging materials;

(VIII) food production and management personnel should always maintain personal hygiene, production, sales of food, must wash their hands, wear clean clothes, hats; sales of direct access to food, you must use the vending tools;

(IX) water must be consistent with the state of urban and rural drinking water health standards. (IX) water must meet the national urban and rural drinking water health standards;

(X) the use of detergents, disinfectants should be safe for human beings, harmless.

The hygiene requirements for food vendors and urban and rural bazaar trade food operators in the process of food production and operation shall be specified by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the central government in accordance with this Law.

Article 9 prohibits the production and operation of the following foods:

(a) corruption and deterioration, rancidity of fats and oils, mold, worms, filth and uncleanliness, mixing with foreign matter or other sensory traits are abnormal, may be harmful to human health;

(b) contains poisonous or harmful substances or contaminated by poisonous or harmful substances, may be harmful to human health;

(c) (C) contains pathogenic parasites, microorganisms, or microbial toxin content exceeding national standards;

(D) without veterinary health inspection or unqualified meat and its products;

(E) sick, poisoned, or the cause of death of poultry, livestock, veterinary, aquatic animals and other products thereof;

(F) container packaging is dirty and unclean, severely damaged or (G) adulteration, adulteration, forgery, affecting nutrition, hygiene;

(H) processed with non-food raw materials, adding non-food chemical substances, or non-food as food;

(IX) more than the shelf life;

(J) for the prevention of special needs, the State Council, the administrative department of health or provincial, autonomous regions and municipalities directly under the Central People's Government. Or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government specifically prohibit the sale of;

(k) contains additives not approved by the State Council administrative department of health, or pesticide residues exceeding the permitted amount of the state;

(l) other food hygiene standards and hygiene requirements are not met.

Article 10 of the food shall not be added to the drug, but in accordance with the tradition of both food and medicine as raw materials, seasonings or nutrient-enhancing agents to join the exception.

Chapter III of the food additives health

Article 11 production, operation and use of food additives, food additives must be consistent with the use of health standards and hygiene management approach to the provisions of the food additives; food additives that do not meet the hygiene standards and hygiene management approach to food additives, shall not be operated, use.

Chapter IV Food containers, packaging materials and food with tools, equipment, health

Article XII of food containers, packaging materials and food with tools, equipment must comply with health standards and hygiene management practices.

Article XIII of food containers, packaging materials and food tools, equipment production must be used to meet the hygiene requirements of raw materials. Products should be easy to clean and disinfect. Chapter V Food Hygiene Standards and Management Measures.

Chapter V Food Hygiene Standards and Management Methods

Article 14 Food, food additives, food containers, packaging materials, food tools, equipment, detergents used to clean food and food tools, equipment, disinfectants, as well as food contaminants, radioactive substances in the permissible amount of national health standards, hygiene management methods and test procedures, by the State Council health administrative department to develop or approve the issuance. The administrative department of the State Council to develop or approve the issuance.

Article 15 The State has not formulated health standards for food, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government can formulate local health standards, the State Council administrative department of health and the State Council administrative department of standardization for the record.

Article XVI of the national product quality standards for food additives in the hygienic significance of the indicators, must be reviewed and agreed by the State Council administrative department of health.

Pesticides, fertilizers and other agricultural chemical substances, safety assessment, must be reviewed and agreed by the State Council administrative department of health.

The slaughter of livestock and poultry veterinary health inspection protocols, developed by the State Council in conjunction with the relevant administrative departments of the State Council administrative department of health.

Chapter VI Food Hygiene Management

Article 17 The food production and management departments of the people's governments at all levels shall strengthen the management of food hygiene, and the implementation of this law to carry out inspections.

The people's governments at all levels shall encourage and support the improvement of food processing technology, and promote the improvement of food hygiene quality.

Article 18 of the food production and management enterprises should improve the unit's food hygiene management system, with full-time or part-time food hygiene management personnel, to strengthen the production and management of food inspection work.

Article 19 of the food production and management enterprises of new construction, expansion, alteration of the site and design should meet the health requirements, its design review and acceptance of the project must have health administrative departments.

Article 20 The use of new resources for the production of food, food additives, new varieties, production and management of enterprises in the production, must be put forward before the product health assessment and nutritional assessment of the information required; the use of new raw materials produced by the food containers, packaging materials and food with new varieties of tools and equipment, production and management of enterprises in the production, the product must be put forward before the health assessment of the information required. The above new varieties before going into production also need to provide samples, and in accordance with the provisions of the food hygiene standards approval process for approval.

Article 21 shape packaging of food and food additives, must be marked on the package labeling or product instructions in accordance with the provisions of the different products were marked with the name, place of origin, factory name, date of production, batch number or code name, specifications, formulations or main ingredients, shelf life, consumption or use. Food, food additives, product instructions, there shall be no exaggeration or false propaganda.

Food packaging labels must be clear and easy to recognize. Food sold in the domestic market, there must be Chinese labeling.

Article 22 shows that a specific health function of food, its products and instructions must be reported to the State Council administrative department of health review and approval of its health standards and production and management practices, developed by the State Council administrative department of health.

Article 23 shows that food with specific health functions, shall not be harmful to human health, the content of the product specification must be true, the product's functions and ingredients must be consistent with the instructions, there shall be no false.

Article 24 of the food, food additives and dedicated to food containers, packaging materials and other utensils, the producer must be in accordance with health standards and hygiene management methods to implement the inspection and pass before leaving the factory or sale.

Article 25 The purchase of food and its raw materials, food production operators should be in accordance with the relevant provisions of the State for inspection certificates or laboratory tests, the seller shall ensure that the provision. Need to request the scope and type of provinces, autonomous regions and municipalities directly under the Central People's Government health administrative departments.

Article 26 of the food production and management personnel must be conducted annually health checks; new and temporary participation in the work of food production and management personnel must undergo a health check and obtain health certificates before they can participate in the work.

Anyone suffering from dysentery, typhoid fever, viral hepatitis and other infectious diseases of the digestive tract (including carriers), active tuberculosis, suppurative or exudative skin diseases and other food hygiene diseases, shall not participate in contact with the work of the direct entry of food.

Article 27 of the food production and management enterprises and food vendors, must first obtain a health permit issued by the administrative department of health before applying for registration with the administration for industry and commerce. Without a health license, shall not engage in food production and business activities.

Food production and operation shall not be forged, altered, loaned health license.

The issuance of health licenses by the provincial, autonomous regions and municipalities directly under the Central People's Government health administrative departments.

Article 28 The organizers of the various types of food markets shall be responsible for food hygiene management in the market, and set up the necessary public **** sanitation facilities in the market, to maintain good environmental health conditions.

Article 29 The urban and rural market trade in food hygiene management by the administration for industry and commerce is responsible for food hygiene supervision and inspection by the health administration.

Article 30 The imported food, food additives, food containers, packaging materials and food with tools and equipment, must comply with national health standards and hygiene management measures.

The import of the products listed in the preceding paragraph, by the port of imported food hygiene supervision and inspection agencies for health supervision, inspection. Qualified test, before being allowed to import. Customs clearance with the certificate of inspection.

The import unit in the declaration of inspection, should provide the exporting country (region) used pesticides, additives, fumigants and other relevant information and inspection reports.

Import of the products listed in paragraph 1, in accordance with national health standards for inspection, there is no national health standards, the import unit must provide the exporting country (region) of the health department or organization issued by the health assessment information, the port of imported food hygiene supervision and inspection agencies to review the inspection and report to the State Council health administrative department for approval.

Article 31 The export of food by the State Import and Export Commodity Inspection Department for health supervision and inspection.

Customs release with the certificate issued by the State Import and Export Commodity Inspection Department.

Chapter VII Food Hygiene Supervision

Article 32 of the local people's governments at or above the county level, the administrative department of health within the jurisdiction to exercise food hygiene supervision.

The food hygiene supervision agencies established by the administrative departments of railways and transportation shall exercise the duties of food hygiene supervision prescribed by the health administrative department of the State Council in conjunction with the relevant departments of the State Council.

Article 33 The duties of food hygiene supervision are:

(1) to carry out food hygiene monitoring, inspection and technical guidance;

(2) to assist in the training of food production and management personnel, supervision of food production and management personnel health checks;

(3) to publicize the knowledge of food hygiene and nutrition, to carry out food hygiene evaluation, and to publicize the food hygiene;

(4) to promote food hygiene, nutritional knowledge, food hygiene evaluation, and to publicize food hygiene;

(D) new food production and management enterprises, expansion, alteration of the site and design of health review, and participate in the acceptance of the project;

(E) food poisoning and food contamination accidents investigated and control measures;

(F) violation of this law to conduct inspections and inspections;

(G) violations of this law Tracing responsibility and administrative penalties in accordance with the law;

(viii) Responsible for other food hygiene supervision matters.

Article 34 The health administrative departments of the people's governments at or above the county level to establish food hygiene supervisors. Food hygiene supervisor by qualified professionals, by the same level of health administration department issued a certificate.

The food hygiene supervisor of the railway, transportation, issued by their higher authorities.

Article 35 The food hygiene supervisor to carry out the tasks assigned by the health administrative department.

Food hygiene supervisors must be impartial, loyal to their duties, and shall not use their powers for personal gain.

Food hygiene supervisors in the implementation of the task, can be to the food production and operation of the situation, for the necessary information, into the production and operation of the premises for inspection, in accordance with the provisions of the gratuitous sampling. Production operators shall not refuse or conceal.

Food hygiene inspectors on the production of technical information provided by the operator has the obligation of confidentiality.

Article 36 of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government of the health administration, according to the need to determine the conditions of the unit as a food hygiene inspection unit, food hygiene inspection and issue inspection reports.

Article 37 of the local people's governments at or above the county level, the administrative department of health has caused food poisoning accidents or evidence that may lead to food poisoning accidents, the food production and operation of the following temporary control measures can be taken:

(a) sealing of food and its raw materials caused by food poisoning or may lead to food poisoning;

(b) sealing of contaminated food tools and utensils. (B) seal the contaminated food tools and utensils, and ordered to clean and disinfect.

After testing, the food is contaminated, be destroyed; not contaminated food, be unsealed.

Article 38 The occurrence of food poisoning units and units to receive patients for treatment, in addition to take rescue measures, should be in accordance with relevant state regulations, and promptly report to the local health administrative departments.

The local people's government at or above the county level, the health administrative department shall, upon receipt of the report, promptly investigate and take control measures.

Chapter VIII Legal Liability

Article 39 Violation of the provisions of this Law, the production and operation of food that does not meet the hygiene standards, resulting in food poisoning accidents or other food-borne diseases, shall order the production and operation to stop, and destroy the food that led to food poisoning or other food-borne diseases, confiscate the illegal income and impose a fine of more than double the amount of the illegal income of more than five times the amount of the following fine; no illegal income

Violation of the provisions of this Law, the production and operation of food does not meet the hygiene standards, resulting in serious food poisoning accidents or other serious food-borne diseases, causing serious harm to human health, or in the production and operation of food mixed with toxic, harmful non-food raw materials, shall be investigated for criminal responsibility.

One of the acts listed in this article, revocation of the health license.

Article 40 violation of the provisions of this Law, did not obtain a health license or forged health license to engage in food production and management activities, shall be banned, confiscate the illegal income, and impose a fine of more than double the illegal income of more than five times the following fine; no illegal income, a fine of more than 500 yuan of less than 30,000 yuan. Alteration, lending health license, seize the health license, confiscate the illegal income, and impose a fine of more than double or triple the illegal income; no illegal income, a fine of more than five hundred yuan ten thousand yuan.

Article 41 violation of the provisions of this Law, food production and management process does not meet the hygiene requirements, shall order correction, give a warning, and may be fined not more than 5,000 yuan; refused to make corrections, or there are other serious circumstances, the revocation of health permits.

Article 42 Violation of the provisions of this Law, the production and operation of prohibited production and operation of food, ordered to stop production and operation, immediately announced the recovery of sold food, and destroy the food, confiscate the illegal income, and impose a fine of more than double the illegal income of more than five times the fine; there is no illegal income, shall be sentenced to more than 1,000 yuan of less than 50,000 yuan of the fine. In serious cases, the revocation of the health license.

Article 43 violation of the provisions of this Law, the production and management does not meet the nutritional and hygiene standards for infants and young children of the main and auxiliary food, and ordered to stop the production and operation of the immediate announcement of the recovery of the sold food, and destruction of the food, confiscate the illegal income, and impose a fine of more than double the illegal income of more than five times the following fine; without the illegal income, a fine of more than one thousand yuan to less than 50,000 yuan. In serious cases, the revocation of the health license.

Article 44 Violation of the provisions of this Law, the production and management or use of food additives, food containers, packaging materials and food tools, equipment, as well as detergents, disinfectants do not comply with the health standards and hygiene management methods, shall order the production or use, confiscate the illegal income, and impose a fine of not less than double the illegal income of not less than three times; no illegal income, a fine of five thousand yuan The following fine.

Article 45 Violation of the provisions of this Law, without the examination and approval of the health administrative department of the State Council and the production and operation of food products that indicate a specific health function, or the content of the product specification of the food product is false, shall order the cessation of the production and operation of the confiscation of the illegal income, and shall be subject to a fine of not less than double the illegal income of not more than five times the amount of the fine; without the illegal income of not less than one thousand yuan to 50,000 yuan of the following fine. The circumstances are serious, revoke the health license.

Article 46 violation of the provisions of this Law, shaped packaged food and food additives on the packaging labeling or product instructions are not marked or false labeling date of production, shelf life and other prescribed matters, or violation of the provisions of the Chinese labeling is not ordered to make corrections, and may be sentenced to a fine of more than five hundred yuan ten thousand yuan.

Article 47 violation of the provisions of this Law, food production and management personnel do not obtain health certificates and engaged in food production and management, or suffering from disease shall not be in contact with the direct entry of food production and management personnel, not in accordance with the provisions of the transfer, and shall order correction, and may be fined not more than five thousand yuan.

Article 48 Violation of the provisions of this Law, resulting in food poisoning accidents or other food-borne diseases, or other violations of this Law caused damage to others, shall bear civil liability.

Article 49 The administrative penalties provided for in this Law shall be decided by the health administrative departments of the local people's governments at or above the county level. Other authorities exercising the right to supervise food hygiene under this Law shall, within the scope of their duties, decide on administrative penalties in accordance with the provisions of this Law.

Article 50 The parties to the administrative penalty decision is not satisfied, you can within fifteen days from the date of notification of the penalty to the organ that makes the penalty decision to apply for reconsideration of the organ of a higher level; the parties can also be notified of the date of the penalty within fifteen days directly to the people's court.

The reconsideration organ shall make a decision on reconsideration within fifteen days from the date of receipt of the application for reconsideration. If the party is not satisfied with the review decision, it can be filed in the People's Court within fifteen days from the date of receipt of the review decision.

The parties do not apply for reconsideration or to the people's court, and does not fulfill the penalty decision, the authority to impose penalties may apply to the people's court for compulsory execution.

Article 51 The administrative department of health in violation of the provisions of this Law, the production and operation of non-compliance with the conditions of the issuance of health permits, the personnel directly responsible for the administrative sanctions; acceptance of bribes, constituting a crime, shall be investigated for criminal responsibility.

Article 52 The supervision and management of food hygiene personnel abuse of power, dereliction of duty, malpractice, causing major accidents, constituting a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be given administrative sanctions.

Article 53 The use of violence, threatening methods to obstruct the food hygiene supervision and management personnel to perform their duties in accordance with law, shall be investigated for criminal responsibility; refusal to obstruct the food hygiene supervision and management personnel to perform their duties in accordance with law without the use of violence, threatening methods, shall be punished by the public security organs in accordance with the regulations on public security administration penalties.

Chapter IX Supplementary Provisions

Article 54 The meaning of the following terms of this Law:

Food: refers to all kinds of finished products and raw materials for human consumption or drinking as well as items that are both food and medicine according to tradition, but does not include items for therapeutic purposes.

Food additives: chemical synthetic or natural substances added to food to improve its quality and color, aroma and taste, as well as for preservation and processing.

Nutritional enhancers: natural or synthetic food additives belonging to the range of natural nutrients added to food in order to enhance the nutritional content.

Food containers, packaging materials: refers to packaging, holding food with paper, bamboo, wood, metal, enamel, ceramics, plastic, rubber, natural fibers, chemical fibers, glass and other products and coatings in contact with food.

Food tools, equipment: refers to food in the production and management process in contact with food machinery, pipelines, conveyor belts, containers, utensils, tableware and so on.

Food production and management: refers to all food production (excluding planting and farming), collection, acquisition, processing, storage, transportation, display, supply, sales and other activities.

Food production and operation: refers to all units or individuals engaged in food production and operation, including staff canteens, food vendors.

Article 55 of the export of food management, by the State Import and Export Commodity Inspection Department, in conjunction with the State Council administrative department of health and the relevant administrative departments to formulate.

Article 56 The sanitary management measures for special food and self-supplied food for the military shall be formulated by the Central Military Commission in accordance with this Law.

Article 57 This Law shall come into force on the date of its promulgation. The Law of the People's Republic of China on Food Hygiene (for Trial Implementation) is hereby repealed.