Legal analysis: The health administrative department of the State Council undertakes the comprehensive coordination responsibility of food safety, and is responsible for food safety risk assessment, food safety standards formulation, food safety information release, qualification certification conditions and inspection specifications formulation of food inspection institutions, and organizes the investigation and handling of major food safety accidents; The State Council quality supervision, industrial and commercial administration and the State Food and Drug Administration shall, in accordance with the responsibilities stipulated in the Food Safety Law and the State Council, supervise and manage food production, food circulation and catering service activities respectively.
Legal basis: Regulations on the Implementation of the Food Safety Law of the People's Republic of China
Article 11 The administrative department of health of the State Council shall, jointly with the food safety supervision and management and agricultural administration departments of the State Council, formulate the national food safety standard plan and its annual implementation plan. The health administrative department of the State Council shall publish the draft of the national food safety standard plan and its annual implementation plan on its website for public comments.
article 11 the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall openly solicit opinions when formulating local food safety standards in accordance with the provisions of article 29 of the food safety law. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 31 working days from the date of publication of local food safety standards, report the local standards to the health administrative department of the State Council for the record. Where the health administrative department of the State Council finds that the local food safety standards for record violate laws, regulations or national food safety standards, it shall promptly correct them.
if the local food safety standards are abolished according to law, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall publish the abolition on their websites in time.
article 16 the administrative department of health of the State Council shall promptly publish the catalogue of new food raw materials, new varieties of food additives and new varieties of food-related products, as well as the applicable national food safety standards.
The list of substances that are traditionally both food and Chinese herbal medicines should be updated in time by the health administrative department of the State Council and the food safety supervision and administration department of the State Council.