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 standardize food safety sampling inspection, strengthen food safety supervision and management, and ensure public health and life safety. Article 2 These Measures shall apply to the food and drug supervision and administration departments in organizing and implementing sampling inspection of food safety supervision and risk monitoring. Article 3 china food and drug administration is responsible for organizing the nationwide food safety sampling inspection, and guiding the local food and drug supervision and administration departments to organize and implement the food safety sampling inspection.
the local food and drug supervision and administration departments at or above the county level are responsible for organizing the sampling inspection of food safety at the corresponding level, and implementing the sampling inspection of food safety organized by the food and drug supervision and administration departments at higher levels in accordance with regulations. Article 4 Food producers and business operators shall assume the obligation of being the first person responsible for food safety and cooperate with the food safety sampling inspection organized and implemented by the food and drug supervision and administration department according to law. Article 5 china food and drug administration shall establish a database of food safety sampling inspection, regularly study and analyze the data of food safety sampling inspection, and improve and supervise the implementation of relevant supervision and management systems.
the local food and drug supervision and administration departments at or above the county level shall strengthen the construction of information technology and submit the food safety sampling inspection data in a timely manner according to relevant requirements. Article 6 The food and drug supervision and administration department shall, in accordance with the principles of openness, fairness and impartiality, take the discovery and investigation of food safety issues as the guide, and organize food safety sampling inspection according to law. Article 7 The food and drug supervision and administration 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. Article 8 The food and drug supervision and administration department may supervise and evaluate the inspection institutions, and if it finds that there are defects in inspection ability or major inspection quality problems, it shall take relevant measures in time to deal with them. Ninth china food and drug administration is responsible for organizing the formulation of food safety sampling inspection guidelines.
food inspection institutions shall carry out food safety sampling inspection in accordance with the guidelines for food safety sampling inspection. Chapter II Planning Article 11 The food and drug supervision and administration department shall, in accordance with scientific and representative requirements, formulate a food safety sampling inspection plan covering the whole process of food production and operation activities, so as to realize the effective connection between supervision sampling inspection and risk monitoring. Eleventh china food and drug administration according to the needs of food safety supervision, formulate the national annual plan of food safety sampling inspection.
the local food and drug supervision and administration department at or above the county level shall, according to the annual work plan for sampling inspection formulated by the food and drug supervision and administration department at a higher level and combined with the actual situation, formulate the annual work plan for sampling inspection of food safety in its administrative region and report it to the food and drug supervision and administration department at the next higher level for the record.
food and drug supervision and management departments can carry out food safety sampling inspection irregularly according to the needs of their work in their daily supervision and management. Twelfth food safety sampling inspection work plan shall include the following contents:
(1) sampling inspection of food varieties;
(2) sampling procedures, sampling methods, sampling quantity and other sampling requirements;
(3) inspection requirements such as inspection items, inspection methods and judgment basis;
(4) summary and analysis of test results, and the method and time limit for submission;
(5) Other requirements stipulated by laws, regulations and rules. Article 13 The following foods should be the focus of the food safety sampling inspection work plan: < P > (1) Foods with high risk and rising pollution level;
(2) Foods with wide circulation, large consumption and many complaints and reports from consumers;
(3) Foods with great hidden dangers indicated by risk monitoring, supervision and inspection, special rectification, case inspection, accident investigation and emergency treatment;
(4) main and supplementary foods specially for infants, pregnant women, the elderly and other specific groups;
(5) food handled by canteens in schools and kindergartens, catering service units in tourist attractions, central kitchens and collective dining distribution units;
(6) foods that may be illegally added with non-edible substances announced by relevant departments;
(7) Food that has caused health hazards abroad and there is evidence that it may cause harm in China;
(8) Other foods that should be the focus of sampling inspection. Chapter III Sampling Article 14 The food and drug supervision and administration department may conduct sampling by itself or entrust a legally qualified food inspection agency to undertake food safety sampling. Fifteenth food inspection agencies 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.
food safety sampling personnel should be familiar with the relevant provisions of food safety laws, regulations, rules and standards. Sixteenth food safety supervision sampling and risk monitoring sampling shall pay fees. Seventeenth food safety supervision and sampling personnel in the implementation of sampling tasks should produce supervision and sampling notice, power of attorney and other documents and valid identity documents, and shall not be less than 2 people.
food safety sampling activities in case inspection and accident investigation shall be conducted or accompanied by food safety administrative law enforcement personnel.
institutions and personnel undertaking sampling tasks of food safety supervision shall not notify the sampled food producers and operators in advance.