Chapter I General Provisions

Article 1 In order to strengthen food safety supervision, to avoid and reduce the harm of unsafe food, and to protect the health and safety of consumers, according to the "People's Republic of China *** and the State Product Quality Law", "People's Republic of China *** and the State Food Sanitation Law", "The State Council on Strengthening the Supervision and Administration of Food and Other Product Safety Special Provisions" and other laws and regulations, the formulation of the provisions.

Second, in the Chinese people's *** and the territory of the production and sale of food recall and its supervision and management activities, shall comply with these provisions.

Article 3 The unsafe food referred to in these provisions refers to food that has been proved to have caused or is likely to cause harm to human health, including:

(a) food that has induced food contamination, food-borne diseases or caused harm to human health or even death;

(b) food that may cause food contamination, food-borne diseases or cause harm to human health;< /p>

(c) contains ingredients that may cause health hazards to specific groups of people and food labels and instructions are not identified, or incomplete, unclear food labeling;

(d) the relevant laws and regulations of other unsafe food.

Article 4 The recall referred to in these provisions refers to the food producers in accordance with the prescribed procedures, caused by its production of a batch or category of unsafe food, through the exchange, return, supplement or amend the consumer instructions, etc., to eliminate or reduce the food safety hazards in a timely manner.

Article V. The State General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) within the scope of its authority to unify the organization and coordination of the supervision and management of the national food recall.

Provinces, autonomous regions and municipalities directly under the Central Quality and Technical Supervision Department (hereinafter referred to as the provincial quality supervision departments) in the administrative region according to law to organize and carry out the supervision and management of food recall.

Article VI of the State Administration of Quality Supervision and provincial quality supervision departments to organize the establishment of food recall expert committee (hereinafter referred to as "expert committee"), for the investigation of food safety hazards and food safety hazard assessment to provide technical support.

Article VII of the AQSIQ shall strengthen the information construction of food recall management, the organization to establish a food recall information management system, unified collection, analysis and processing of food recall information.

Local quality supervision departments at all levels of the administrative region of the food producers to establish quality and safety records, is responsible for collecting, analyzing and processing of food safety hazards in the administrative region and food recall information and reported to the next level.

Article VIII of the food producers should establish a sound product quality and safety files and related management system, should be accurately recorded and preserved in the production chain of raw and auxiliary materials purchases, production and processing, storage and transportation, sales and product labeling and other information, preservation of consumer complaints, food-borne illnesses, food contamination accidents, as well as food hazards disputes, such as records and other files.

Article IX food producers should be located at the provincial or municipal quality supervision departments to report all relevant food safety hazards in a timely manner, including consumer complaints, food safety hazards, etc., shall not be concealed or misrepresented the fact that the production of food hazards to human health.

Chapter II Food Safety Hazard Investigation and Assessment

Article 10 To determine whether the food is unsafe food, food safety hazard investigation and food safety hazard assessment should be conducted.

Article 11 The main contents of the investigation of food safety hazards include:

(1) Whether it conforms to the safety requirements of food safety laws, regulations or standards;

(2) Whether it contains raw materials and auxiliary materials for non-food use, adds chemical substances for non-food use, or treats non-food as food;

(3) Composition and proportion of the major consumer groups of food;

(4) Whether it contains raw materials and auxiliary materials for non-food use, adds chemical substances for non-food use, or treats non-food as food;

(d) the number, batch or category of foods that may present safety hazards and the area and scope of their circulation.

Article 12 The main contents of the assessment of food safety hazards include:

(1) food contamination, foodborne diseases, or hazards to human health triggered by the food, or the possibility of triggering the above hazards;

(2) hazardous impacts of the unsafe food on the main consumer groups;

(3) the severity and urgency of the hazards;

(iv) the short-term and long-term consequences of the occurrence of the hazard.

Article XIII of the food producers are aware of the production of food safety hazards may exist or received the location of the provincial quality supervision department of the food safety hazards of the written notice of the investigation should be carried out immediately to investigate the safety hazards of food and food safety hazard assessment.

Food producers should be timely through the location of the municipal quality supervision departments to the provincial quality supervision departments to submit food safety hazards investigation, assessment report, investigation, assessment report should include the provisions of Article VIII, Article 11 and Article 12 of the contents of the said.

Article XIV of the food producers were not notified of the food safety hazards of the investigation and assessment, or by the investigation and assessment of the confirmation does not belong to the unsafe food, the location of the provincial quality supervision department shall organize an expert committee to carry out the investigation of food safety hazards and food safety hazards assessment, and make a determination.

Article XV of the food producers and sellers shall cooperate with the provincial quality supervision departments to organize the investigation of food safety hazards, and shall not be rejected on the grounds that the food has passed any conformity review.

Article 16 In case of inconsistency between the results of the food safety hazard investigation and food safety hazard assessment of the food producer and the results of the expert committee organized by the provincial quality supervision department where it is located, the provincial quality supervision department may take a hearing or other means of dealing with the matter and make a decision to confirm the results.

Article XVII of the food safety hazard investigation and assessment, confirmed to be the production of unsafe food caused by the reasons, shall determine the level of recall, the implementation of the recall.

Article 18 According to the severity of food safety hazards, food recall level is divided into three levels:

(A) a recall: has been or may be induced by food contamination, foodborne illnesses, etc., causing serious harm to human health or even death, or the circulation of a wide range of unsafe food with a large social impact of the recall;

(B) the second level of the recall: has been or may be food contamination, food-borne diseases and other hazards to human health, the degree of harm in general or circulation of a smaller range of unsafe food, less social impact of the recall;

(3) three-level recall: has been or may be triggered by food contamination, food-borne diseases and other hazards to human health, the degree of harm is slight, or belongs to the provisions of Article III (3) of this provision of the recall of unsafe food. .

Chapter III Implementation of Food Recall

Section I Active Recall

Article 19 Confirming that the food belongs to the unsafe food that should be recalled, the food producer shall immediately stop the production and sale of the unsafe food.

Article 20 Since the date of confirmation that the food belongs to the unsafe food should be recalled, the first level of recall should be within one day, the second level of recall should be within two days, the third level of recall should be within three days, notify the seller to stop selling, and notify consumers to stop consumption.

Article 21 of the food producers to the community food recall information should be in accordance with relevant laws and regulations and the relevant provisions of the State Administration of Quality Supervision, quality supervision departments at or above the provincial level.

Article 22 Since the confirmation of the food is unsafe food should be recalled from the date of a recall should be within 3 days, the second recall should be within 5 days, the third recall should be within 7 days, the food producers through the location of the municipal quality supervision departments to the provincial quality supervision departments to submit food recall plan.

Article 23 The main contents of the food recall plan submitted by the food producer include:

(a) to stop the production of unsafe food;

(b) to notify the seller to stop the sale of unsafe food;

(c) to notify consumers to stop consuming unsafe food;

(d) the food safety hazards types, causes, potentially affected populations, severity and degree of urgency;

(v) the content of the recall measures, including the implementing organization, contact information, as well as specific measures, scope and timeframe of the recall;

(vi) the expected effect of the recall;

(vii) the measures to deal with the food after the recall.

Article 24 Since the date of implementation of the recall, the first level of recall every 3 days, the second level of recall every 7 days, the third level of recall every 15 days, through the location of the municipal quality supervision department to the provincial quality supervision department to submit a report on the stage of progress of food recall.

Food producers have changes to the recall program, should be described in the food recall stage progress report.

The location of the municipal level above the quality supervision department should be on the food recall stage progress report to put forward processing opinions, notify the food producers and reported to the location of the provincial quality supervision department.

Section II Ordered Recall

Article 25 Upon confirmation of one of the following circumstances, the AQSIQ shall order the food producer to recall the unsafe food, and may issue relevant food safety information and consumer warning information, or take other measures to avoid the occurrence of hazards:

(a) the food producer intentionally conceals the food safety hazards, or the food producer should take the initiative to recall but do not take recall action;

(ii) due to the fault of the food producer caused by the expansion of food safety hazards or re-occurrence;

(iii) national supervision and sampling inspection found that food producers produce food safety hazards, may cause damage to human health and life safety.

Food producers shall immediately stop producing and selling unsafe food upon receipt of the notice ordering the recall.

Article 26 The food producer shall, after receiving the notice of ordering recall, give notice in accordance with the provisions of Article 20 of these regulations.

Food producers should also be in accordance with the provisions of Article 23 of the food recall report, in accordance with the provisions of Article 22 of the time limit through the location of the provincial quality supervision departments reported to the State Administration of Quality Supervision approved the immediate implementation of the recall; food recall report is not through the approval of the food producers should be modified report, in accordance with the requirements of the implementation of the recall.

Article 27 of the food producers should be in accordance with the provisions of Article 24, submitted to the food recall stage progress report.

The location of the municipal level above the quality supervision department shall, in accordance with the provisions of Article 24 of the recall stage progress report on the handling of the report, and will be reported to the State Administration of Quality Supervision level by level.

Section III Recall Assessment and Supervision

Article 28 The food producer shall keep a record of the recall, the main content includes the batch of food recall, the number, proportion, reasons, results and so on.

Article 29 The food producers should be in the food recall time limit expires within 15 days, to the location of the provincial quality supervision departments to submit a summary report of the recall; ordered to recall, it should be reported to the AQSIQ.

Article 30 of the food producers where the provincial quality supervision departments shall organize an expert committee to review the summary report on the recall, the recall effect of the assessment, and notify the food producer in writing of the review conclusions; ordered to recall, it should be reported to the State Administration of Quality Supervision for the record.

Food producers at the provincial level above the review of the quality supervision department that the recall did not achieve the desired results, notify the food producers to continue or again for food recall.

Article 31 The food producer shall promptly carry out harmless treatment of unsafe food; according to the relevant provisions of the food should be destroyed, should be promptly destroyed.

Food producers on the recall of food reprocessing should have a detailed record, and to the location of the municipal quality supervision departments to report to the municipal quality supervision department to accept the supervision of the municipal quality supervision department.

Article 32 of the municipal quality supervision departments shall, within the prescribed terms of reference on the progress of the recall of food producers and the recall of food reprocessing process supervision.

Article 33 Any unit or individual can be in violation of the provisions of this regulation or the recall situation, to the quality and technology supervision departments at all levels to complain or report, food producers shall not be restricted by any means. Receive complaints or reports of the department shall promptly investigate and deal with the confidentiality of the informant.

Chapter IV Legal Liability

Article 34 Food producers in the implementation of food recall, not exempted from other legal responsibilities borne by law.

Food producers who take the initiative to implement the recall may be subject to lighter or reduced penalties in accordance with the law.

Article 35 of the food producers in violation of the provisions of Article 19 or Article 25, paragraph 2, did not stop the production and sale of unsafe food, shall be warned and ordered to make corrections within a certain period of time; failure to make corrections within a certain period of time shall be punished by a fine of not more than 30,000 yuan; violation of the relevant laws and regulations, in accordance with the relevant laws and regulations of the provisions of the handling of the relevant laws and regulations.

Article 36 of the food producers have one of the following conditions, shall be warned and ordered to make corrections within a certain period of time; the failure to make corrections, a fine of 20,000 yuan.

(a) received the quality and technical supervision department of food safety hazards investigation notice, but did not carry out timely investigation;

(b) refused to cooperate with the quality and technical supervision departments to carry out investigations of food safety hazards;

(c) failure to submit timely food safety hazards according to the requirements of this provision of the investigation, assessment report.

Article 37 of the food producers in violation of the provisions of Article 20, Article 21, Article 22, Article 23, Article 24, Article 26, Article 27, Article 29 shall be warned and ordered to make corrections within a specified period of time; failure to make corrections, shall be fined not more than 30,000 yuan; violation of relevant laws and regulations, in accordance with the provisions of relevant laws and regulations.

Article 38 of the food producers in violation of the provisions of Article 28 of the obligations, shall be warned and ordered to make corrections; failure to make corrections, a fine of 20,000 yuan.

Article 39 of the food producers in violation of the provisions of Article 31 of the obligations, shall be warned and ordered to make corrections within a specified period of time; failure to make corrections, shall be fined not more than 30,000 yuan; violation of relevant laws and regulations, in accordance with the provisions of relevant laws and regulations.

Article 40 engaged in the management of food recall of public officials, as well as entrusted to carry out food safety hazard investigation, food safety hazard assessment of experts or staff fabrication and dissemination of false information, violation of confidentiality, forgery, or to provide relevant false conclusions or opinions, shall be given administrative sanctions; causing losses, shall bear the responsibility for compensation; constitutes a crime, shall be investigated for criminal responsibility.

Article 41 The administrative penalties provided for in these provisions, by the quality and technology supervision departments at or above the county level in the terms of reference in accordance with the law. Laws and administrative regulations on administrative penalties provided otherwise, in accordance with relevant laws and administrative regulations.

Chapter V Supplementary Provisions

Article 42 The recall of import and export of food management, by the entry-exit inspection and quarantine agencies in accordance with the relevant provisions of the AQSIQ.

Article 43 The provisions of the information involved in the release of paperwork format and other specific requirements by the State Administration of Quality Supervision separately.

Article 44 The provisions of the AQSIQ shall be responsible for the interpretation.

Article 45 These provisions shall come into force on the date of publication.