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What are the administrative punishment procedures for food and drug supervision?

what are the administrative punishment procedures for food and drug supervision? The Provisions on the Procedures for Administrative Punishment of Food and Drug was deliberated and adopted at the executive meeting of china food and drug administration on March 4, 2114, and promulgated by Order No.3 of china food and drug administration on April 28, 2114. The Regulations are divided into general provisions, jurisdiction, filing a case, investigation and evidence collection, decision on punishment, delivery, execution and closing of the case, and supplementary provisions, which are 8 chapters and 61 articles, and will be implemented as of June 1, 2114. On April 28th, 2113, the Provisions on the Procedure of Drug Supervision and Administrative Punishment (Order No.1 of the former State Food and Drug Administration) was abolished. In order to regulate the exercise of administrative punishment by food and drug supervision and management departments and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the Administrative Punishment Law of the People's Republic of China (hereinafter referred to as the Administrative Punishment Law), the Administrative Enforcement Law of the People's Republic of China (hereinafter referred to as the Administrative Enforcement Law), the Food Safety Law of the People's Republic of China, and the Drugs of the People's Republic of China. Detailed Provisions on the Procedures of Administrative Punishment of Food and Drug Chapter I General Provisions Article 1 In order to regulate the exercise of administrative punishment by food and drug supervision and management departments and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the Administrative Punishment Law of the People's Republic of China (hereinafter referred to as the Administrative Punishment Law), the Administrative Compulsory Law of the People's Republic of China (hereinafter referred to as the Administrative Compulsory Law) and the Food Safety Law of the People's Republic of China. Article 2 The food and drug supervision and administration departments shall abide by these provisions when imposing administrative penalties on units or individuals that violate the laws, regulations and rules governing the management of food, health food, medicines, cosmetics and medical devices. Article 3 The food and drug supervision and administration department shall follow the principles of openness, fairness and impartiality in implementing administrative punishment, and ensure that the facts are clear, the evidence is conclusive, the procedures are legal, the laws, regulations and rules are applied accurately and appropriately, and the law enforcement documents are used in a standardized way. Article 4 Citizens, legal persons or other organizations shall have the right to state and defend oneself the administrative punishment given by the food and drug supervision and administration department; Those who refuse to accept the administrative punishment have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. Article 5 The food and drug supervision and administration department shall establish a supervision system for administrative punishment. The food and drug supervision and administration department at a higher level shall supervise the administrative punishment imposed by the food and drug supervision and administration department at a lower level. The food and drug supervision and administration department at a higher level shall order the food and drug supervision and administration department at a lower level to correct the illegal or inappropriate administrative punishment decision; If no correction is made within the time limit, it shall be changed or revoked according to law. Chapter II Jurisdiction Article 6 Administrative punishment shall be under the jurisdiction of the food and drug supervision and administration department in the place where the illegal act occurred. Article 7 The food and drug supervision and administration departments of counties (districts) and cities (prefectures) shall have jurisdiction over food and drug administrative punishment cases within their respective administrative areas according to their functions and powers. The food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government shall have jurisdiction over major and complicated cases of food and drug administrative punishment within their respective administrative areas according to their functions and powers. China food and drug administration has jurisdiction over cases that should be subject to administrative punishment by itself and major and complicated cases of food and drug administrative punishment that occurred nationwide. The food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with laws, regulations and rules, and in light of local conditions, stipulate the specific division of labor under the jurisdiction of different levels within their respective administrative areas. Article 8 The food and drug supervision and administration department at or above the county level may, within the statutory authority, entrust an organization that meets the conditions stipulated in Article 19 of the Administrative Punishment Law to implement administrative punishment. The entrusted organization shall, within the scope of entrustment, make specific administrative acts in the name of the entrusted department. The entrusting department shall guide and supervise the administrative punishment behavior of the entrusted organization and its related administrative law enforcement behavior, and bear legal responsibility for the consequences of this behavior. Article 9 The food and drug supervision and administration agencies set up by county-level food and drug supervision and administration departments in towns or regions shall exercise the power of administrative punishment in accordance with the provisions of laws, regulations and rules. Article 11 Where two or more food and drug supervision and administration departments have jurisdiction over the same illegal act of a party, the food and drug supervision and administration department that filed the case first shall have jurisdiction. Disputes over jurisdiction shall be settled through consultation; If negotiation fails, it shall be reported to the food and drug supervision and administration department at the next higher level of * * * for designated jurisdiction. Article 11 The food and drug supervision and administration department at a higher level may directly investigate and deal with cases under the jurisdiction of the food and drug supervision and administration department at a lower level when it deems it necessary, or may transfer cases under its jurisdiction to the food and drug supervision and administration department at a lower level for investigation. If the food and drug supervision and administration department at a lower level cannot exercise jurisdiction over the cases under its jurisdiction due to special reasons, it may report to the food and drug supervision and administration department at a higher level for jurisdiction or designate jurisdiction. Article 12 The food and drug supervision and administration department at a higher level shall, after receiving a dispute over jurisdiction or submitting a request for designation of jurisdiction, make a decision on designation of jurisdiction within 11 working days and notify the subordinate departments in writing. Article 13 If the food and drug supervision and administration department finds that the case is not under its jurisdiction, it shall promptly transfer it to the food and drug supervision and administration department with jurisdiction or relevant administrative departments for handling. The transferred food and drug supervision and administration department shall promptly inform the food and drug supervision and administration department that transferred the case of the investigation result of the case; If it is considered that the transfer is improper, it shall be reported to the food and drug supervision and administration department at the next higher level, and it shall not be transferred again. Fourteenth food and drug supervision and management departments in the investigation and handling of cases, found that illegal acts suspected of a crime, it should be in accordance with the requirements of the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs", promptly transferred to the public security organs at the same level. If the public security organ decides to file a case, the food and drug supervision and administration department shall, within 3 days from the date of receiving the notice of filing a case from the public security organ, hand over the items involved and other materials related to the case to the public security organ, and handle the procedures for making friends; For the seized and detained articles involved in the case, a notice of transfer of seized and detained articles shall also be filled out and the parties concerned shall be informed in writing. Fifteenth food and drug supervision and management departments in handling administrative punishment cases need the assistance of food and drug supervision and management departments in other regions in investigation and evidence collection, it shall issue a letter of assistance in investigation. The assistance department shall generally complete the relevant work within 15 working days from the date of receiving the letter of assistance in the investigation; If it is necessary to postpone the completion, it shall promptly inform the department that requested the investigation. Article 16 If the food and drug administrative license or approval certificate should be revoked according to law, it shall be decided by the food and drug supervision and administration department that originally issued the license or approved it. The food and drug supervision and administration department shall investigate and deal with illegal cases, and if the license or approval certificate should be revoked according to law, it shall impose administrative punishment according to law within its authority, and at the same time, it shall submit the obtained evidence and related materials to the food and drug supervision and administration department that originally issued the license and approved it, and the original license and approval department shall make an administrative punishment decision on whether to revoke the license or revoke the approval certificate according to law. If the approval documents need to be revoked by china food and drug administration, the food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government shall report to china food and drug administration for decision. The original license issuing and approving department shall make the decision on administrative punishment of revoking the license and revoking the approval documents according to law, which shall be carried out in accordance with these provisions. Food safety has always been a problem that the relevant departments in our country pay more attention to, so food safety is directly related to people's life safety, and a single problem will cause a huge safety accident. The management department of food safety is the food and drug inspection department, and there are detailed procedures for the administrative punishment of the food and drug inspection department to ensure that there will be no problems in any link.