Subjectivity of law:
The following are the contents of the new food safety law: Article 1 This law is formulated in order to ensure food safety and ensure public health and life safety. Article 2 Whoever engages in the following activities within the People's Republic of China shall abide by this Law: (1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food business); (2) Production and operation of food additives; (3) Production and operation of packaging materials, containers, detergents and disinfectants used for food and tools and equipment used for food production and operation (hereinafter referred to as food-related products); (four) the use of food additives and food-related products by food producers and operators; (5) Storage and transportation of food; (6) Safety management of food, food additives and food-related products. The quality and safety management of edible agricultural primary products (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the marketing of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this law on agricultural inputs shall abide by the provisions of this law. Article 3 Food safety work shall be based on prevention, risk management, whole-process control and social governance, and a scientific and strict supervision and management system shall be established. Article 4 Food producers and business operators shall be responsible for the safety of the food they produce and operate. Food producers and business operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to the society and the public, accept social supervision and assume social responsibilities. Article 5 A food safety committee shall be established in the State Council, and its responsibilities shall be stipulated by the State Council. The food and drug supervision and administration department of the State Council shall, in accordance with the responsibilities stipulated in this Law and the State Council, supervise and manage the food production and marketing activities. The administrative department of public health of the State Council shall, in accordance with the responsibilities stipulated in this Law and the State Council, organize food safety risk monitoring and risk assessment, and work with the food and drug supervision and administration department of the State Council to formulate and publish national food safety standards. Other relevant departments in the State Council shall undertake food safety work in accordance with the responsibilities stipulated in this Law and the State Council. Article 6 The local people's governments at or above the county level shall be responsible for the food safety supervision and management within their respective administrative areas, uniformly lead, organize and coordinate the food safety supervision and management within their respective administrative areas and the response to food safety emergencies, and establish and improve the whole-process food safety supervision and management mechanism and information sharing mechanism. The local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the responsibilities of the food and drug supervision and administration, health administrative departments and other relevant departments at the corresponding level. The relevant departments shall be responsible for the supervision and administration of food safety within their respective responsibilities. The food and drug supervision and administration department of the people's government at the county level may set up agencies in towns or specific areas. Seventh local people's governments at or above the county level shall implement the responsibility system for food safety supervision and management. The people's government at a higher level is responsible for the food safety supervision and management of the people's government at a lower level. The local people's governments at or above the county level shall be responsible for evaluating and assessing the food safety supervision and management work of the food and drug supervision and management departments at the corresponding level and other relevant departments. Article 8 The people's governments at or above the county level shall incorporate food safety work into the national economic and social development plan at the corresponding level, include food safety work funds in the fiscal budget of the government at the corresponding level, strengthen the capacity building of food safety supervision and management, and provide guarantee for food safety work. The food and drug supervision and administration department of the people's government at or above the county level and other relevant departments shall strengthen communication and close cooperation, exercise their functions and powers and assume responsibilities according to their respective responsibilities. Article 9 Food industry associations shall strengthen industry self-discipline, establish and improve industry norms and reward and punishment mechanisms in accordance with their articles of association, provide food safety information, technology and other services, guide and urge food producers and operators to produce and operate according to law, promote the construction of industry integrity, and publicize and popularize food safety knowledge. Consumer associations and other consumer organizations shall exercise social supervision over acts that violate the provisions of this Law and harm the legitimate rights and interests of consumers according to law. Article 11 People's governments at all levels should strengthen publicity and education on food safety, popularize food safety knowledge, encourage social organizations, grassroots mass autonomous organizations and food producers and operators to popularize food safety laws, regulations, food safety standards and knowledge, advocate healthy eating styles, and enhance consumers' food safety awareness and self-protection ability. The news media should carry out public welfare publicity on food safety laws and regulations, food safety standards and knowledge, and supervise food safety violations by public opinion. Publicity and reporting on food safety should be true and fair. Article 11 The State encourages and supports the development of basic research and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technologies and advanced management norms to improve food safety. The state implements a strict management system for the use of pesticides, speeds up the elimination of highly toxic, highly toxic and high-residue pesticides, promotes the research and development and application of alternative products, and encourages the use of pesticides with high efficiency, low toxicity and low residue. Twelfth any organization or individual has the right to report food safety violations, to obtain food safety information from relevant departments according to law, and to put forward opinions and suggestions on food safety supervision and management. Thirteenth units and individuals that have made outstanding contributions in food safety work shall be commended and rewarded in accordance with the relevant provisions of the state. Chapter II Food Safety Risk Monitoring and Assessment Article 14 The State establishes a food safety risk monitoring system to monitor food-borne diseases, food pollution and harmful factors in food. The health administrative department of the State Council shall, jointly with the food and drug administration and quality supervision departments of the State Council, formulate and implement the national food safety risk monitoring plan. The State Council Food and Drug Administration and other relevant departments shall immediately verify the information about food safety risks and notify the health administrative department of the State Council. With regard to food safety risk information notified by relevant departments and food-borne diseases reported by medical institutions, the health administrative department of the State Council shall, jointly with relevant departments of the State Council, conduct analysis and study, and adjust the national food safety risk monitoring plan in a timely manner if deemed necessary. The administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the food and drug supervision and management and quality supervision departments at the same level, formulate and adjust the food safety risk monitoring plan of their respective administrative regions according to the national food safety risk monitoring plan and the specific conditions of their respective administrative regions, and report it to the administrative department of health of the State Council for the record and implementation. Article 15 Technical institutions undertaking food safety risk monitoring shall carry out monitoring work according to the food safety risk monitoring plan and monitoring scheme to ensure the authenticity and accuracy of monitoring data, and submit monitoring data and analysis results according to the requirements of the food safety risk monitoring plan and monitoring scheme. Legal Objectivity:
Food Safety Law of the People's Republic of China Article 35 The state practices a licensing system for food production and operation. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, the sale of edible agricultural products does not require permission. The food safety supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, examine the relevant materials required by the provisions of Items 1 to 4 of Paragraph 1 of Article 33 of this Law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, grant permission; If it does not meet the prescribed conditions, it shall not be allowed and the reasons shall be explained in writing.