Chapter I General Provisions
Chapter II Food Safety Guarantee
Section I Food Safety Standards
Section II Food Recall
Section III Prevention and Treatment of Food Safety Accidents
Section IV Food Safety Information Management
Chapter III Food Production, Sales and catering services
section 1 food production
section 2 food sales
section 3 catering services
chapter 4 food safety supervision
chapter 5 legal liability
chapter 6 supplementary provisions
chapter 1 general provisions
article 1 (legislative purpose and basis) is to ensure food safety, safeguard public health and life safety and promote.
article 2 (scope of application of regulations) the production, sale, catering service and supervision and management of food, food raw materials and food additives within the administrative area of this province shall abide by these regulations.
The production, sale and use of packaging materials, containers, tools, equipment, detergents and disinfectants for food shall be managed in accordance with relevant state regulations.
the supervision and management of production activities such as planting and breeding of edible agricultural products shall not only comply with the Law of the People's Republic of China on the Quality and Safety of Agricultural Products, but also comply with the provisions of these Regulations.
article 3 (responsibilities of people's governments at all levels) people's governments at or above the county level shall take overall responsibility for food safety supervision and management within their respective administrative areas, lead and coordinate food safety work within their respective administrative areas, and establish and improve food safety supervision and management mechanisms; Coordinate and supervise the administrative law enforcement of food safety; Manage the release of food safety information; Unified leadership and command of food safety emergencies; The establishment of food safety supervision and management responsibility system, to supervise and assess the food safety work of the government and the food safety supervision and management department at the same level.
people's governments at all levels should incorporate food safety into their national economic and social development plans.
article 4 (division of labor among supervision and management departments) the people's governments at or above the county level shall set up a comprehensive food safety supervision department to be responsible for the comprehensive supervision, organization and coordination of food safety and the organization and investigation of major food safety accidents.
the administrative departments of agriculture, forestry and fishery are responsible for the supervision and management of the production links of edible agricultural products; The quality and technical supervision department is responsible for the supervision and management of food production (including processing, the same below); The administrative department for industry and commerce is responsible for the supervision and management of food sales; The administrative department of health is responsible for the supervision and management of catering services; The food and drug supervision and administration department is responsible for the supervision and administration of health food.
the administrative department for industry and commerce is responsible for the supervision and management of food production in markets such as bazaars and supermarkets; Food production in hotels, restaurants and other catering service places shall be supervised and managed by the health administrative department.
the provincial people's government can adjust the responsibilities of food safety supervision and management of relevant departments according to the needs of work.
article 5 (general responsibilities of food producers and sellers) food producers, sellers and catering service providers shall produce, sell and provide food that meets safety requirements, and shall be responsible for the food they produce, sell and provide.
article 6 (rights and obligations of food consumers) any unit or individual has the right to put forward opinions and suggestions on food safety supervision and management, and to report and accuse acts that infringe upon the rights and interests of food consumers.
consumers who suffer personal or property damage due to the purchase and consumption of food have the right to compensation according to law.
consumers don't buy or eat food that they already know is toxic, harmful or unsafe.
article 7 (scientific and technological support) the government encourages and supports the development of scientific and technological research on food safety; Encourage and support food production, sales and catering service providers to adopt advanced technology and management norms.
article 8 (publicity and education) the government and relevant departments shall strengthen publicity and education on food safety knowledge and food safety laws and regulations, so as to raise public awareness of food safety.
schools and news media have the obligation to popularize food safety knowledge and assist the government and relevant departments to carry out publicity and education activities.
article 9 (social participation) the government encourages and supports social groups and individuals to participate in maintaining food safety.
Intermediary organizations such as food-related trade associations should establish trade norms, carry out credit building and implement industry self-discipline.
villagers' committees and residents' committees should play a role in maintaining food safety and participate in and assist government departments in food safety management.
Chapter II Food Safety Guarantee
Section 1 Food Safety Standards
Article 11 (Standard System) The provincial standardization authorities shall establish and improve the local standard system for food safety, and follow up and evaluate the implementation of the standards, and organize timely revision according to the evaluation results; Organize the publicity and interpretation of food safety standards, and establish an inquiry platform for food safety standards.
article 11 (procedures for formulation and revision of local standards) experts shall be organized to demonstrate the formulation and revision of food safety standards, and the opinions of food safety supervision and management departments, food-related industry associations, enterprises and consumers shall be listened to.
article 12 (filing of enterprise standards) if an enterprise produces food without national and local food safety standards, it shall formulate enterprise standards and report them to the competent department of standardization at the prefecture level for examination and filing.
Only the enterprise standards that have passed the examination and been approved for filing can be used as the basis for organizing production.
before the implementation of the national and local food safety standards stipulated in these regulations, food producers, sellers and catering service providers can produce and sell food according to the current food hygiene standards and food product standards.
food recall in section 2
article 13 (food recall system) food producers, sellers and catering service providers shall recall the unsafe food produced and sold by them in time and bear the relevant expenses of the recall.
article 14 (voluntary recall) food producers, sellers and catering service providers shall immediately stop producing, selling or using the food they produce and sell, voluntarily recall the unsafe food that has been put on the market for sale, record the specific circumstances of the recall, including the quantity, time and place of the recall, and report to the food safety supervision and administration department responsible for examination and approval in time.
article 15 (compulsory recall) when unsafe food is found in the process of supervision and inspection, the food safety supervision and management department shall order the producers and operators of the unsafe food to recall the unsafe food.
food producers, sellers and catering service providers should recall unsafe food according to the requirements of the food safety supervision and administration department, and report the specific actions of the recall to them in time.
article 16 (supervision of recall action) the food safety supervision and management department shall strengthen the supervision of unsafe food recall action and release relevant information about the recall to the society. Specific management measures shall be formulated separately by the food safety supervision and administration department.
section 3 prevention and treatment of food safety accidents
article 17 (emergency plan for food safety accidents) people's governments at or above the county level shall formulate emergency plans for food safety accidents within their respective administrative areas according to laws, regulations, the emergency plan for food safety accidents of the people's governments at higher levels and the actual situation in their respective regions.
food producers, sellers and catering service providers should formulate corresponding food safety accident treatment plans, regularly check the implementation of food safety guarantee measures of their own enterprises, and eliminate hidden dangers of accidents in time.
article 18 (information bulletin of food safety accidents) supervision and management departments of food production, sales and catering services at all levels (including the supervision and management departments of edible agricultural products, the same below) shall regularly summarize and analyze their food safety supervision and management work, and notify the comprehensive food safety supervision departments at the same level.
the comprehensive food safety supervision department shall, jointly with other food safety supervision and management departments, make a comprehensive analysis of the food safety situation within their respective administrative areas on a regular basis. If it is believed that a food safety accident may occur, it shall immediately report to the people's government at the same level, and notify the relevant departments of the people's government at a higher level and the people's governments in neighboring or related areas that may be harmed.
the local government that receives the report or notification shall take preventive and control measures and issue food safety warning or guidance when necessary.
article 19 (food safety accident reporting) the people's governments at or above the county level shall establish and improve the food safety accident reporting system, and all relevant functional departments shall improve the food safety accident reporting system.
any unit or individual shall report to the local people's government or the food safety supervision and management department in a timely manner when discovering food safety accidents or major food safety accidents, and shall not conceal, falsely report or delay reporting.
if the department receiving the report confirms that it is a major food safety accident, it shall report to the people's government at the same level and the comprehensive food safety supervision department within two hours.
Article 21 (Handling of Food Safety Accidents) After a food safety accident occurs, the person in charge of the unit where the accident occurred shall immediately handle the accident according to the food safety accident handling plan to prevent the accident from further expanding, and immediately report the accident to the local government or the food safety supervision and administration department.
the people's governments at or above the county level where the accident occurred shall organize and implement emergency rescue work according to the emergency plan for food safety accidents, and all food safety supervision and management departments shall take emergency rescue actions in a timely manner according to their respective responsibilities.
article 21 (investigation of responsibility for food safety accidents) in the event of a major food safety accident, the comprehensive food safety supervision department shall immediately organize relevant departments to carry out accident investigation and responsibility investigation, and submit a report on the investigation and handling of accident responsibility to the people's government at the corresponding level.
the responsibility investigation of food safety accidents should not only identify the responsibility of the accident unit, but also identify the responsibility of the administrative department responsible for examination, approval, supervision and management.
section iv food safety information management
article 22 (information management system) the people's governments at or above the county level shall establish a food safety information management and release system.
comprehensive food safety supervision departments at all levels are responsible for the organization and coordination of food safety information management within their respective administrative areas, and for the collection and analysis of food safety information and the release of comprehensive information.
all food production, sales and catering service supervision and management departments are responsible for the collection, reporting, analysis and release of relevant food safety information within their responsibilities.
the food industry association is responsible for the collection, analysis and submission of food safety information in the industry.
article 23 (information platform) the comprehensive food safety supervision department is responsible for establishing a unified food safety information platform.
the food safety supervision and administration department shall release relevant food safety information on a unified food safety information platform.
article 24 (information notification and submission) food safety supervision and management departments shall establish a food safety information notification system.
the supervision and management departments of food production, sales and catering services shall submit information to the comprehensive food safety supervision department at the same level in a timely manner in accordance with regulations.
the food safety supervision and management department shall notify the comprehensive food safety supervision department at the same level and other relevant food safety supervision and management departments before releasing the results of supervision and sampling inspection to the society.
article 25 (news release) the investigation and handling of major food safety accidents, the food safety situation during major events or festivals and food safety warning information shall be uniformly released by the comprehensive food safety supervision department.
article 26 (information release requirements) the release of food safety information shall be carried out in accordance with the law, so as to be accurate, timely, objective and fair.
article 27 (contents of food safety information release) the contents of food safety information release include:
(1) food safety laws and regulations and food safety standards;
(2) information on food safety monitoring and evaluation, early warning and food spot check;
(3) food safety supervision and management information;
(4) unsafe food and food safety accidents and investigation information;
(5) other food safety information.
chapter iii food production, sales and catering services
section 1 food production
article 28 (certified production and its general production conditions) food producers shall meet the production conditions stipulated by the state and obtain licenses and business licenses according to law.
article 29 (organizing production according to standards) food producers shall organize production according to standards. If there are national or local standards, they shall conform to the national or local standards; if there are no national or local standards, they shall conform to the enterprise standards filed by the standardization authorities.
article 31 (food production management system) food producers shall establish a food safety management system according to regulations to monitor the whole process of food production.
article 31 (acceptance of raw materials) food producers shall establish an acceptance system for incoming raw materials. Food raw materials can be put into production only after they have passed the acceptance inspection. It is forbidden to use non-edible raw materials to produce food.
Article 32 (Production Records) A food producer shall establish a true and complete production file, which includes:
(1) a record of incoming inspection and acceptance of food raw materials, indicating the name, specification, batch number, producer, supplier, purchase quantity, purchase date, shelf life and requirements for storage or safekeeping conditions of food raw materials;
(2) food production records, indicating the feeding situation, production process parameters and production quantity, etc.;
(3) food inspection records, which indicate the inspection of food and raw materials and relevant inspection data;
(4) food sales records, indicating the target, quantity and date of food sales;
(5) records on the handling of unqualified food, indicating the production date, quantity, causes and handling measures of unqualified food.
production files shall be kept for two years after the expiration of the shelf life of food, and no production files shall be forged.
article 33 (ex-factory inspection) each batch of food produced by a food producer must pass the inspection before leaving the factory and selling. Food producers who do not have the inspection conditions shall entrust qualified inspection agencies to inspect the food they produce.
article 34 (food labeling) food labels and instructions shall be true and clear, conform to the provisions of laws, regulations and rules and the requirements of mandatory standards, and shall not contain false or exaggerated contents, and shall not use terms related to disease treatment and diagnosis functions.
the food entrusted for production shall be marked with the name and address of the entrusted production enterprise.