general rule

first

In order to ensure food hygiene, prevent food pollution and harmful factors from harming human body, safeguard people's health and enhance people's physique, this Law is formulated.

second

The state practices a food hygiene supervision system.

essay

The health administrative department of the State Council is in charge of the supervision and management of food hygiene throughout the country.

The relevant departments of the State Council are responsible for the management of food hygiene within the scope of their respective duties.

Article 4

Anyone who engages in food production and marketing within the territory of People's Republic of China (PRC) must abide by this Law.

This law applies to all foods, food additives, food containers, packaging materials and tools, equipment, detergents and disinfectants for food. It is also suitable for food production and business premises, facilities and related environments.

Article 5

The state encourages and protects social organizations and individuals to exercise social supervision over food hygiene.

Anyone who violates this law has the right to report and accuse.

chapter two

food sanitation

Article 6

Food should be non-toxic, harmless, meet nutritional requirements, and have corresponding sensory characteristics such as color, fragrance and taste.

Article 7

The main and supplementary foods for infants and young children must conform to the nutrition and hygiene standards formulated by the health administrative department of the State Council.

Article 8

The process of food production and operation must meet the following hygiene requirements:

(a) keep the internal and external environment clean and tidy, take measures to eliminate harmful insects such as flies, rats and cockroaches and their breeding conditions, and keep a prescribed distance from toxic and harmful places;

(2) Food production and marketing enterprises shall have workshops or places suitable for the processing, handling, packaging and storage of food raw materials;

(three) there should be corresponding facilities for disinfection, dressing, washing, lighting, lighting, ventilation, anti-corrosion, dust prevention, fly prevention, rodent prevention, washing, sewage discharge and garbage and waste storage;

(4) The equipment layout and technological process shall be reasonable, so as to prevent the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and the food shall not contact with toxic and unclean substances;

(5) Tableware, drinking utensils and containers directly containing food must be washed and disinfected before use, and cookware and utensils must be washed and kept clean after use;

(6) Containers, packages, tools, equipment and conditions for storing, transporting and loading and unloading food must be safe and harmless, kept clean and prevented from food pollution;

(7) The food for direct entrance shall be packaged in small packages or non-toxic and clean packaging materials;

(eight) food production and marketing personnel should always maintain personal hygiene. When producing and selling food, you must wash your hands and wear clean work clothes and hats; When selling directly imported food, sales tools must be used;

(nine) the water must meet the hygienic standards for drinking water in urban and rural areas stipulated by the state;

(10) The detergents and disinfectants used shall be safe and harmless to human body.

Hygienic requirements for food vendors and food operators in urban and rural fairs in the process of food production and marketing shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government in accordance with this Law.

Article 9

The production and operation of the following foods are prohibited:

(a) corruption, rancidity, mildew, moth-eaten, unclean, mixed with foreign objects or other abnormal sensory properties, which may be harmful to human health;

(2) Containing or contaminated with toxic or harmful substances, which may be harmful to human health;

(three) containing pathogenic parasites and microorganisms, or the content of microbial toxins exceeds the national standard;

(four) meat and its products that have not been inspected by veterinary hygiene or are unqualified;

(5) Birds, livestock, beasts, aquatic animals and their products that have died of illness, poisoning or unknown causes;

(six) the container packaging is unclean, seriously damaged or the means of transport is unclean, resulting in pollution;

(seven) doping, adulteration, forgery, affecting nutrition and hygiene;

(8) Processing non-food raw materials, adding non-food chemicals or treating non-food as food;

(nine) beyond the shelf life;

(ten) in order to prevent diseases and other special needs, the administrative department of health of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the central government explicitly prohibit the sale;

(eleven) containing additives that have not been approved by the health administrative department of the State Council, or pesticide residues exceeding the allowable amount stipulated by the state;

(twelve) other do not meet the food hygiene standards and hygiene requirements.

Article 10

Drugs may not be added to food, except that they are traditionally both food and drugs as raw materials, seasonings or nutritional fortifiers.

chapter three

Hygiene of food additives

Article 11

The production, marketing and use of food additives must conform to the hygiene standards and hygiene management measures for the use of food additives; Food additives that do not meet the hygiene standards and hygiene management measures shall not be operated and used.

chapter four

Hygiene of food containers, packaging materials and food tools and equipment.

Article 12

Food containers, packaging materials, tools and equipment used for food must conform to hygiene standards and hygiene management measures.

Article 13

Raw materials that meet hygiene requirements must be used in the production of food containers, packaging materials, tools and equipment for food. Products should be easy to clean and disinfect.

chapter five

Formulate food hygiene standards and management measures

Article 14

Food, food additives, food containers, packaging materials, tools and equipment for food, detergents and disinfectants for cleaning food, tools and equipment for food, and allowable limits of pollutants and radioactive substances in food shall be formulated or approved by the administrative department of health of the State Council.

Article 15

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local hygiene standards for foods for which the state has not formulated hygiene standards, and report them to the health administrative department of the State Council and the standardization administrative department of the State Council for the record.

Article 16

Hygienic indicators in the national product quality standards for food additives must be examined and approved by the health administrative department of the State Council.

Safety evaluation of agricultural chemicals such as pesticides and fertilizers must be approved by the administrative department of health of the State Council.

Veterinary health inspection rules for livestock and poultry slaughter shall be formulated by the relevant administrative department of the State Council in conjunction with the administrative department of health of the State Council.

Chapter vi

Food hygiene management

Article 17

The food production, operation and management departments of the people's governments at all levels shall strengthen the management of food hygiene and check the implementation of this law.

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

Food production and marketing enterprises should improve the food hygiene management system of their own units, equip full-time or part-time food hygiene management personnel, and strengthen the inspection of the food they produce and market.

Article 19

The site selection and design of new, expanded and rebuilt projects of food production and operation enterprises shall meet the hygiene requirements, and the design review and project acceptance must be attended by the health administrative department.

Article 20

For new varieties of food and food additives produced by using new resources, production and operation enterprises must provide the information needed for product hygiene evaluation and nutrition evaluation before putting into production; For new varieties of food containers, packaging materials, food tools and equipment produced with new raw materials, production and operation enterprises must provide the information needed for product hygiene evaluation before putting into production. Samples should be provided before the above new varieties are put into production, and submitted for approval according to the prescribed food hygiene standards approval procedures.

Article 21

Product name, place of origin, factory name, production date, batch number or code, specifications, formula or main ingredients, shelf life, eating or using method, etc. It must be indicated on the packaging label or product manual according to different products. Product descriptions of food and food additives shall not contain exaggerated or false propaganda contents.

Food packaging labels must be clear and legible. Foods sold in the domestic market must have Chinese labels.

Article 22

The products and instructions of foods with specific health care functions must be submitted to the health administrative department of the State Council for examination and approval, and the health standards and management measures for production and operation shall be formulated by the health administrative department of the State Council.

Article 23

Foods with specific health care functions shall not be harmful to human health, and the contents of the product manual must be true, and the functions and components of the product must be consistent with the manual, and there shall be no falsehood.

Article 24

Food, food additives, containers, packaging materials and other utensils specially used for food must be inspected in accordance with hygiene standards and hygiene management measures before leaving the factory or being sold.

Article 25

When purchasing food and its raw materials, food producers and business operators shall obtain inspection certificates or test sheets in accordance with relevant state regulations, and sellers shall guarantee to provide them. The scope and types of required documents shall be stipulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 26

Food production and marketing personnel must carry out health examination every year; Food production and marketing personnel who have joined the work newly or temporarily must have a health examination and obtain a health certificate before they can take part in the work.

Anyone who suffers from dysentery, typhoid fever, viral hepatitis and other digestive tract infectious diseases (including pathogen carriers), active tuberculosis, suppurative or exudative skin diseases and other diseases that hinder food hygiene shall not take part in direct contact with imported food.

Article 27

Before applying for registration with the administrative department for industry and commerce, food production and marketing enterprises and food vendors must first obtain the hygiene license issued by the administrative department for health. Those who have not obtained the hygiene license shall not engage in food production and business activities.

Food producers and business operators shall not forge, alter or lend hygiene licenses.

Measures for the administration of the issuance of health permits shall be formulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 28

Organizers of various food markets shall be responsible for the management of food hygiene in the market, and set up necessary public health facilities in the market to maintain good environmental hygiene.

Article 29

The administrative department for industry and commerce is responsible for the management of food hygiene in urban and rural markets, and the administrative department of health is responsible for the supervision and inspection of food hygiene.

Article 30

Imported food, food additives, food containers, packaging materials and tools and equipment for food must conform to the national hygiene standards and hygiene management measures.

The imported products listed in the preceding paragraph shall be subject to hygiene supervision and inspection by the port imported food hygiene supervision and inspection agency. Only those who pass the inspection are allowed to import. The customs will release the goods with the inspection certificate.

When applying for inspection, the importer shall provide the relevant information and inspection report of pesticides, additives and fumigants used in the exporting country (region).

The imported products listed in the first paragraph shall be inspected according to the national hygiene standards. If there is no national hygiene standard, the importing entity must provide the hygiene evaluation data issued by the health department or organization of the exporting country (region), which will pass the inspection by the port imported food hygiene supervision and inspection agency and be reported to the health administrative department of the State Council for approval.

Article 31

The exported food shall be subject to health supervision and inspection by the national import and export commodity inspection department.

The customs shall release the goods with the certificate issued by the national import and export commodity inspection department.

Chapter VII

Food hygiene supervision

Article 32

The health administrative department of the local people's government at or above the county level shall exercise the duties of food hygiene supervision within its jurisdiction.

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

Article 33

The duties of food hygiene supervision are:

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

(two) to assist in the training of food production and marketing personnel, and to supervise the health examination of food production and marketing personnel;

(three) to publicize the knowledge of food hygiene and nutrition, conduct food hygiene evaluation, and publicize the food hygiene situation;

(four) to conduct health examination on the site selection and design of new, expanded and rebuilt projects of food production and operation enterprises, and to participate in the project acceptance;

(five) to investigate food poisoning and food pollution accidents and take control measures;

(6) Conducting patrol supervision and inspection of acts in violation of this Law;

(seven) to investigate the responsibility for violating this law and impose administrative penalties according to law;

(eight) responsible for other food hygiene supervision matters.

Article 34

The health administrative department of the people's government at or above the county level shall set up food hygiene supervisors. The food hygiene supervisor shall be a qualified professional, and a certificate shall be issued by the health administrative department at the same level.

Railway and transportation food hygiene supervisors shall be issued certificates by their superior competent departments.

Article 35

Food hygiene supervisors perform tasks assigned by the administrative department of health.

Food hygiene supervisors must enforce the law impartially, be loyal to their duties, and may not abuse power for personal gain.

When performing their tasks, food hygiene supervisors can get information from food producers and operators, obtain necessary information, enter production and business premises for inspection, and take samples free of charge in accordance with regulations. Production operators shall not refuse or conceal.

Food hygiene supervisors have the obligation to keep confidential the technical information provided by producers and operators.

Article 36

The health administrative departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to needs, designate qualified units as food hygiene inspection units to conduct food hygiene inspection and issue inspection reports.

Article 37

The health administrative department of the local people's government at or above the county level may take the following temporary control measures against food producers and operators who have caused food poisoning accidents or have evidence that they may cause food poisoning accidents:

(a) sealing up the food and its raw materials that cause food poisoning or may cause food poisoning;

(two) sealed contaminated food tools and utensils, and ordered to clean and disinfect.

After inspection, the contaminated food should be destroyed; Unpacked food should be unsealed.

Article 38

Units that have food poisoning and units that receive patients for treatment shall, in addition to taking rescue measures, report to the local health administrative department in a timely manner in accordance with relevant state regulations.

After receiving the report, the health administrative department of the local people's government at or above the county level shall promptly investigate and deal with it and take control measures.

Chapter VIII

Legal liability

Article 39

Whoever, in violation of the provisions of this Law, produces or markets food that does not meet the hygiene standards, thus causing food poisoning accidents or other food-borne diseases, shall be ordered to stop production and marketing, destroy the food that causes food poisoning or other food-borne diseases, and be fined.

Anyone who, in violation of the provisions of this Law, produces or markets food that does not meet the hygiene standards, causing serious food poisoning accidents or other serious food-borne diseases, and causing serious harm to human health, or adulterates toxic and harmful non-food raw materials into the food produced or marketed, shall be investigated for criminal responsibility according to law.

One of the acts listed in this article shall revoke the hygiene license.

Article 40

Anyone who, in violation of the provisions of this law, engages in food production and business activities without obtaining a hygiene license or forging a hygiene license shall be banned, his illegal income shall be confiscated, and a fine of not less than one time but not more than five times his illegal income shall be imposed; If there is no illegal income, a fine ranging from 500 yuan to 30,000 yuan shall be imposed. Alter or lend the hygiene license, confiscate the hygiene license, confiscate the illegal income, and impose a fine of 1 times and less than 3 times the illegal income; If there is no illegal income, a fine of more than 500 yuan 1 10,000 yuan shall be imposed.

Article 41

In violation of the provisions of this law, the food production and marketing process does not meet the hygiene requirements, shall be ordered to make corrections, given a warning, and may be fined up to 5,000 yuan; Refuses to correct or has other serious circumstances, the health permit shall be revoked.

Article 42

Whoever, in violation of the provisions of this Law, produces or markets food that is prohibited from production and marketing shall be ordered to stop production and marketing, immediately announce the recall of the sold food, destroy the food, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.

Article 43

Whoever, in violation of the provisions of this Law, produces and markets the main and auxiliary foods specially designed for infants and young children that do not meet the nutrition and hygiene standards shall be ordered to stop production and marketing, immediately announce the recall of the sold foods, destroy the foods, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.

Article 44

Anyone who, in violation of the provisions of this Law, produces, markets or uses food additives, food containers, packaging materials, tools and equipment for food, detergents and disinfectants that do not meet the hygiene standards and hygiene management measures shall be ordered to stop production or use, his illegal income shall be confiscated, and a fine of not less than one time but not more than three times his illegal income shall be imposed; If there is no illegal income, a fine of less than 5,000 yuan shall be imposed.

Article 45

Whoever, in violation of the provisions of this Law, produces and sells food or products with specific health care functions without the examination and approval of the health administrative department of the State Council, is ordered to stop production and operation, confiscate the illegal income and impose a fine of more than one time but less than five times the illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.

Article 46

In violation of the provisions of this Law, those who fail to indicate or falsely indicate the production date, shelf life and other specified items on the packaging labels or product specifications of the stereotyped packaged foods and food additives, or fail to indicate the Chinese labels in violation of the provisions, shall be ordered to make corrections and may be fined from 500 yuan to 10,000 yuan.

Article 47

Whoever, in violation of the provisions of this Law, engages in food production and marketing without obtaining a health certificate, or fails to transfer the production and marketing personnel who are not allowed to have direct contact with imported food due to illness, shall be ordered to make corrections and may be fined up to 5,000 yuan.

Article 48

Anyone who violates the provisions of this law and causes food poisoning accidents or other food-borne diseases, or causes damage to others due to other acts in violation of this law, shall bear civil liability for compensation according to law.

Article 49

The administrative punishment prescribed in this Law shall be decided by the health administrative department of the local people's government at or above the county level. Other organs exercising the power of food hygiene supervision as stipulated in this Law shall, within the scope of their duties, make administrative punishment decisions in accordance with the provisions of this Law.

Article 50

If a party refuses to accept the decision on administrative punishment, it may, within 05 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level that made the decision on punishment; The parties may also bring a suit directly to the people's court within 05 days from the date of receiving the penalty notice.

The reconsideration organ shall make a reconsideration decision within 05 days from the date of receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the reconsideration decision.

If the party concerned neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment may apply to the people's court for compulsory execution.

Article 51

If the administrative department of health violates the provisions of this law and issues hygiene licenses to unqualified producers and operators, administrative sanctions shall be imposed on the persons directly responsible; Whoever accepts bribes and constitutes a crime shall be investigated for criminal responsibility according to law.

Article 52

Food hygiene supervision and management personnel abuse their powers, neglect their duties, engage in malpractices for selfish ends, causing major accidents, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, administrative sanctions shall be imposed according to law.

Article 53

Anyone who obstructs food hygiene supervision and management personnel from performing their duties according to law by violence or threat shall be investigated for criminal responsibility according to law; Those who refuse or obstruct food hygiene supervision and management personnel from performing their duties according to law without using violence or threats shall be punished by the public security organs in accordance with the provisions of the Law on Public Security Administration Punishment.

Chapter 9

supplementary terms

Article 54

The meanings of the following terms in this Law:

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

Food additives: chemical synthetic or natural substances added to food to improve the quality, color, aroma and taste of food and meet the needs of preservation and processing technology.

Nutritional fortifier: refers to natural or synthetic food additives added to food to enhance nutritional components, which belong to the scope of natural nutrients.

Food containers and packaging materials refer to paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, glass and other products used for packaging and containing food, as well as coatings in contact with food.

Tools and equipment for food: machinery, pipes, conveyor belts, containers, utensils, tableware, etc. That is, the food that comes into contact with in the process of production and operation.

Food production and operation: refers to the production (excluding planting and breeding), collection, purchase, processing, storage, transportation, display, supply and sales of all foods.

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

Article 55

Measures for the administration of exported food shall be formulated separately by the national import and export commodity inspection department in conjunction with the health administrative department of the State Council and other relevant administrative departments.

Article 56

Measures for the hygienic management of special food and self-provided food for the army shall be formulated by the Central Military Commission (CMC) in accordance with this Law.

Article 57

This law shall come into force as of the date of promulgation. "People's Republic of China (PRC) Food Hygiene Law (Trial)" shall be abolished at the same time.