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Chapter IV Supervision and Administration of Measures for Implementing the Food Safety Law of the People's Republic of China in Zhejiang Province

Article 45 People's governments at or above the county level shall organize the formulation of annual food safety supervision and management plans and specific implementation plans, and the relevant food safety supervision and management departments shall organize the supervision and inspection work according to the annual plans and implementation plans.

We should focus on strengthening sampling inspection of the main and supplementary foods for infants, the elderly, patients, pregnant women and other specific groups, as well as foods and food-related products with many problems reported by consumers and large consumption in this area.

article 46 the food production and business activities of food producers and business operators in their production and business premises shall be supervised and managed by the departments that issue food production licenses, food circulation licenses and catering service licenses.

the food and drug supervision and administration department shall be responsible for the supervision and management of food business activities in the form of on-site production and sale of bread cakes, braised poultry and so on, as well as the provision of catering services and on-site production and sale activities in dance halls, Internet cafes and other leisure and entertainment places; The administrative department for industry and commerce shall be responsible for the supervision and management of the on-site manufacturing and selling activities of shopping malls and supermarkets and the on-site manufacturing and selling activities in the food trading market.

if the nature of other food production and marketing activities other than those specified in the preceding paragraph is difficult to be defined, the people's government at or above the county level shall determine the supervision and management department, and the relevant departments shall earnestly perform their supervision and management duties according to the division of labor.

article 47 the health administration, quality supervision, industry and commerce administration, and food and drug supervision and administration departments at or above the county level have the right to take various measures stipulated in article 77 of the food safety law when performing the supervision and management duties stipulated in these measures.

article 48 the quality supervision, industry and commerce administration and food and drug supervision and management departments at or above the county level shall strengthen the construction of law enforcement teams, establish and improve the daily supervision and inspection system, implement supervision responsibilities, formulate classified supervision measures, adopt administrative guidance and demonstration guidance to urge food producers and operators to consciously abide by food safety laws and regulations, and improve the efficiency of law enforcement and supervision.

provincial quality supervision, industry and commerce administration and food and drug supervision and management departments can implement the establishment of electronic information traceability system in food production and operation enterprises according to the needs of food safety supervision and management, and gradually realize the electronic supervision of the whole process of food safety.

article 49 the comprehensive management department of enterprise credit information collection and release determined by the people's government at or above the county level shall strengthen the guidance on the construction of credit system in the food industry.

quality supervision, industry and commerce administration and food and drug supervision and administration departments at or above the county level shall establish food safety credit files for producers and operators of food, food additives and food-related products according to the provisions of Article 79 of the Food Safety Law, and increase the frequency of supervision and inspection for producers and operators with bad credit records according to the records of the food safety credit files, and may, if necessary, announce the bad behavior information of producers and operators to the public.

Article 51 People's governments at or above the county level shall strengthen the capacity building of food safety inspection and testing, integrate resources, optimize the allocation, gradually realize the sharing of food safety inspection and testing equipment, facilities and information, and build a public platform for food safety inspection and testing to provide technical support for food safety risk monitoring and food safety supervision and management.

quality supervision, industry and commerce administration, food and drug supervision and management departments at or above the county level can apply rapid detection methods to preliminarily screen food in food safety supervision and management; The preliminary screening results show that the food may not meet the food safety standards, and the producers and operators shall stop production or sales. If the producers and operators have objections to the results of the rapid test, the relevant food safety supervision and management departments shall entrust a legally qualified food inspection agency to conduct the test.

article 51 in the daily supervision and inspection, the quality supervision, industry and commerce administration and food and drug supervision and administration departments at or above the county level shall report to the higher authorities and the office of the food safety Committee at the same level in time if they find that the food does not meet the food safety standards and requirements and may cause great harm to human health. The Office of the Provincial Food Safety Committee may make an announcement on similar foods of the same food production enterprise.

Article 52 The Office of the Provincial Food Safety Committee shall set up and publish a unified food safety reporting telephone number in the whole province. Health administration, quality supervision, industry and commerce administration, food and drug supervision and management departments shall publish the telephone number and e-mail address of their own departments to provide convenience for public complaints and reports.

any organization or individual who finds food safety violations can complain and report through a unified telephone number, or to the food safety supervision and management department.

the food safety supervision and management department shall, when receiving complaints and reports, implement the responsibility system of first inquiry, and shall not shirk or refuse; Those who belong to the responsibilities of this department shall be accepted and verified and handled in a timely manner; Those who do not belong to the responsibilities of this department shall be handed over in writing to the department with the right to handle them within three working days and inform the complainant and informant. The relevant departments shall record and save the complaints, reports, verification and handling received.

article 53 the people's governments at or above the county level shall, in accordance with the provisions of the food safety law, the emergency plan for food safety accidents of the people's governments at higher levels and the actual situation in the region, formulate the emergency plan for food safety accidents in their respective administrative areas and report it to the people's government at the next higher level for the record.

quality supervision, industry and commerce administration, food and drug supervision and management departments at or above the county level shall formulate their own emergency plans for food safety accidents according to the emergency plans for food safety accidents formulated by the people's governments at the same level, and report them to the people's governments at the same level for the record.

the organizers of large-scale social activities should incorporate food safety into the safety work plan or emergency plan, establish and implement the food safety responsibility system, determine the person responsible for food safety, clarify food safety measures, and eliminate hidden dangers of food safety accidents in time.

article 54 if a food safety accident occurs in a food production and business operation entity, it shall immediately handle it according to the provisions of the food safety accident handling plan and immediately stop production and business operation; Food, raw materials, tools and equipment that have caused or may cause food safety accidents shall be sealed up and recalled immediately to prevent accidents from happening and expanding.

in case of food safety accident, the production and business operation entity shall report to the local health administrative department at the county level within two hours from the time of the accident; Units that receive patients for treatment shall also report to the health administrative department at the county level where the accident occurred in time.

article 55 after receiving a report of a food safety accident, the health administrative department at or above the county level shall immediately investigate and deal with it together with the relevant food safety supervision and management departments, and take measures as stipulated in article 72 of the food safety law to prevent or mitigate social harm.

in the event of a major food safety accident, the people's government at or above the county level shall immediately set up a food safety accident handling command organization, start an emergency plan, and handle it in accordance with the provisions of laws, regulations and plans.

article 56 the people's governments at or above the county level shall strengthen information disclosure and publish food safety information accurately, timely and objectively.

The following food safety information is uniformly published by the provincial health administrative department:

(1) General situation of food safety in this province;

(2) the formulation and revision of local food safety standards in this province and the filing of enterprise standards;

(3) the food safety risk factors that first appeared in this province and have the results of food safety risk assessment;

(4) food safety risk warning information whose impact is limited to the administrative area of this province;

(5) major food safety accidents in this province and their handling information;

(6) Other important food safety information determined by the provincial people's government that needs to be released uniformly.

the departments of health administration, agriculture, quality supervision, industry and commerce administration, food and drug supervision and management at or above the county level shall publicize the daily food safety supervision and management information within the scope of their duties to the public through government websites, government bulletins, press conferences, newspapers, radio and television.

article 57 in the process of administrative law enforcement, the food safety supervision and administration department at or above the county level shall promptly transfer the case suspected of constituting a food safety crime to the public security organ at the same level in accordance with relevant regulations; The public security organ shall promptly review the cases transferred by the food safety supervision and administration department, and shall promptly file a case for investigation if it meets the filing standards.