chapter I general provisions
article 1 these measures are formulated in accordance with the food safety law of the people's Republic of China and other laws and regulations in order to strengthen the daily supervision and inspection of food production and business activities, implement the main responsibilities of food producers and operators and ensure food safety.
article 2 these measures shall be applicable to the daily supervision and inspection of the implementation of food safety laws, regulations, rules and food safety standards by food and drug supervision and management departments.
article 3 the daily supervision and inspection of food production and operation shall follow the principles of territorial responsibility, comprehensive coverage, risk management and information disclosure.
article 4 china food and drug administration is responsible for supervising and guiding the daily supervision and inspection of food production and operation throughout the country. The provincial food and drug supervision and administration department is responsible for supervising and guiding the daily supervision and inspection of food production and operation within its administrative area. City and county food and drug supervision and management departments are responsible for the implementation of the daily supervision and inspection of food production and operation within their respective administrative areas.
article 5 the municipal and county-level food and drug supervision and management departments may, on the basis of comprehensive coverage, randomly select food producers and operators and randomly select supervision and inspection personnel to conduct off-site inspection and cross-check.
article 6 food producers and operators and their employees shall cooperate with the food and drug supervision and administration department to carry out daily supervision and inspection of food production and operation, and ensure that the supervision and inspection personnel perform their duties according to law.
article 7 the food and drug supervision and administration departments at or above the provincial level shall strengthen the informatization construction of daily supervision and inspection of food production and operation, and the food and drug supervision and administration departments at the city and county levels shall record, summarize and analyze the daily supervision and inspection information of food production and operation, and improve the daily supervision and inspection measures. Food producers and business operators shall provide data and information related to food production and operation in accordance with the requirements of the food and drug supervision and administration department.
Chapter II Supervision and Inspection Matters
Article 8 The supervision and inspection matters in food production include the production environment conditions of food producers, incoming inspection results, production process control, product inspection results, storage and delivery control, nonconforming product management and food recall, employee management and food safety accident handling. In addition to the supervision and inspection items specified in the preceding paragraph, the supervision and inspection items in the production of health food also include producer qualification, product labels and instructions, entrusted processing, production management system, etc.
Article 9 The supervision and inspection items in food sales include the qualifications of food sellers, health management of employees, implementation of general regulations, implementation of prohibitive regulations, control of business process, incoming inspection results, food storage, unsafe food recall, labels and instructions, sales of special foods, sales of imported foods, handling of food safety accidents, sales of edible agricultural products, as well as market promoters, counter lessors, trade fairs and online food transactions of edible agricultural products.
article 11 the supervision and inspection items of catering service include the qualification of catering service providers, health management of employees, raw material control, processing and production process, management and publicity of food additives, maintenance of equipment and facilities, cleaning and disinfection of tableware, and handling of food safety accidents.
chapter iii requirements for supervision and inspection
article 11 the food and drug supervision and management departments at the municipal and county levels shall, in accordance with the annual food safety supervision and management plan of the municipal and county people's governments, work out annual daily supervision and inspection plans and implement food safety risk management according to factors such as food category, enterprise scale, management level, food safety status and credit records. The daily supervision and inspection plan shall include inspection items, inspection methods, inspection frequency, sampling food types and sampling proportion. The inspection plan shall be made public.
article 12 china food and drug administration shall formulate a list of main points of daily supervision and inspection according to the provisions of laws, regulations, rules and national standards for food safety concerning the obligations of food producers and operators. The provincial food and drug supervision and administration department may, according to the needs, refine and supplement the main points of daily supervision and inspection. City and county food and drug supervision and management departments shall, in accordance with the main points of daily supervision and inspection, carry out daily supervision and inspection of food producers and operators.
article 13 the local food and drug supervision and administration department at or above the county level shall train and examine the food safety laws, regulations, rules, standards, professional knowledge and key points of supervision and inspection for the supervision and inspection personnel.
Article 14 The food and drug supervision and administration departments at the municipal and county levels shall participate in the daily supervision and inspection by two or more supervisors. The supervision and inspection personnel shall be randomly selected by the food and drug supervision and administration department. Supervision and inspection personnel shall produce valid law enforcement certificates on the spot.
article 15 according to the daily supervision and inspection plan, the food and drug supervision and administration departments at the municipal and county levels may randomly select some contents in the list of daily supervision and inspection points for inspection, and may randomly conduct sampling inspection. The relevant inspection contents shall be clarified by the food and drug supervision and administration department before the implementation of the inspection, and the inspectors shall not arbitrarily change the inspection items. Sixteenth city and county food and drug supervision and management departments shall, in principle, cover all items in the daily supervision and inspection of food producers and operators within their respective administrative areas.
Legal basis:
Measures for the Administration of Food Safety Sampling Inspection
Article 41 After receiving the unqualified inspection conclusion of supervision sampling inspection, food producers and operators shall immediately take risk control measures such as sealing up unqualified food, suspending production and operation of unqualified food, notifying relevant producers and operators and consumers, recalling unqualified food that has been put on the market for sale, investigating unqualified reasons and making rectification, reporting the handling situation to the local market supervision and management department in a timely manner, and actively cooperating with the market supervision and management department for investigation and handling.
during the re-inspection and objection period, food producers and business operators shall not stop performing the obligations specified in the preceding paragraph. If the food producers and business operators fail to perform voluntarily, the market supervision and management department shall order them to perform.
when national interests and public interests need it, or to deal with major food safety emergencies, with the consent of the market supervision and administration department at or above the provincial level, the market supervision and administration department at or above the provincial level may organize investigation and analysis or conduct sampling inspection again to find out the reasons for non-conformity.