Where laws and regulations have provisions on food safety supervision and management, the provisions of laws and regulations shall apply; If there are no provisions or unclear provisions in laws and regulations, these provisions shall apply. Article 3 Food producers and operators shall engage in production and operation in accordance with laws, regulations and food safety standards, be responsible to the society and the public, ensure food safety, accept social supervision and assume social responsibilities.
It is forbidden to illegally use raw materials, auxiliary materials, additives, agricultural inputs and other substances prohibited by the state in all aspects of food such as planting, breeding, purchasing, warehousing, transportation, production, processing, slaughtering, marketing and catering services. Article 4 Food safety supervision shall be subject to territorial management. City, county (city) District People's government is responsible for leading the work of food safety supervision and management within their respective administrative areas, and establishing and improving the working mechanism of food safety supervision and management in the whole process.
City, county (city) District People's Government Food Safety Committee is responsible for the unified deployment and coordination of food safety supervision and management. The Office of the Food Safety Committee is specifically responsible for the daily work of comprehensive coordination, information release and investigation of major accidents.
Township (street) food safety supervision office under the leadership of the people's government at the same level (street office), accept the business guidance of the county (city) District People's Government Food Safety Committee Office, undertake the township (street) food safety organization and coordination and daily supervision, and perform the functions of food safety supervision. Article 5 The relevant administrative departments of cities and counties (cities) shall supervise and manage the producers and operators of food, food additives and food-related products within their respective administrative areas in accordance with the following provisions:
(a) the administrative department of agriculture and animal husbandry is responsible for the supervision and management of the quality and safety of agricultural products, livestock and poultry, aquatic products and primary edible agricultural products;
(two) the quality supervision department is responsible for the supervision and management of food production;
(three) the administrative department of commerce is responsible for the supervision and management of livestock and poultry slaughtering;
(4) The administrative department for industry and commerce is responsible for the supervision and management of food circulation;
(five) the health administrative department is responsible for the detection of food-borne diseases;
(six) the food and drug supervision and management department is responsible for the supervision and management of catering services;
(seven) the entry-exit inspection and quarantine department is responsible for the supervision and administration of import and export food;
(eight) public security, forestry, food, salt and other relevant departments in accordance with their respective responsibilities to do a good job in food safety supervision and management.
The inspection agencies of agriculture and animal husbandry administration, quality supervision, health administration and other departments shall undertake the inspection of samples taken by various food safety supervision and management departments and issue inspection reports; At the same time, complete the temporary sampling task issued by the government at the same level.
All relevant departments should strengthen communication and close cooperation in food safety supervision and management, exercise their functions and powers according to law, and assume responsibilities according to the division of responsibilities. Article 6 Municipal and county (city) people's governments shall strengthen food safety supervision and management, formulate annual supervision and management plans and implementation plans for food sampling inspection, and organize their implementation.
The food safety supervision and management department shall organize the formulation and implementation of the food safety supervision and management plan according to the food safety supervision and management plan and implementation plan formulated by the people's government at the same level, combined with their respective functions and specific conditions, and report it to the Food Safety Committee Office of the people's government at the same level for the record.
City, county (city) District People's Government Food Safety Committee Office shall supervise and inspect the implementation and detection of food safety supervision and management programs of various food safety supervision and management departments. Article 7 All food safety supervision and management departments shall trace the source of the problem products step by step, and punish them step by step, and punish them to the end once they have been investigated. Clues found in food safety cases that are not under their jurisdiction shall be notified in writing in time or transferred to law enforcement agencies with jurisdiction for handling. The department that has the right to deal with it shall deal with it immediately and shall not shirk it. If the consequences are caused by not dealing with it immediately or shirking, the supervisory organ or the appointment and removal organ shall give the principal responsible person, the directly responsible person in charge and other directly responsible personnel the punishment of gross demerit or demotion.
Food safety supervision and management departments have jurisdiction disputes over illegal acts, which shall be settled by the office of the Food Safety Committee of the people's government of the city or county (city) District. Article 8 Where a producer or operator violates the second paragraph of Article 3 of these Provisions, the relevant food safety supervision and management department shall confiscate the illegal income, food illegally produced and operated, tools, equipment, raw materials and other items used for illegal production and operation according to the division of responsibilities; If the value of food illegally produced and operated is less than 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked and the administrative department for industry and commerce shall be notified to deal with it according to law.
Production operators who violate other laws, regulations or these Provisions shall be dealt with by the relevant food safety supervision and management departments in accordance with laws, regulations and their respective responsibilities.
If there are no specific provisions in laws and regulations on the punishment of illegal acts, if there are illegal gains, a fine of less than 30 thousand yuan shall be imposed; If there is no illegal income, a fine of 10 thousand yuan will be imposed.