Legal analysis: In order to strengthen and standardize the supervision and inspection of food production and operation activities, urge food producers and operators to implement the main responsibility and ensure food safety, according to the Law of the People's Republic of China on Safety of Wang Xiangpin and its implementing regulations and other laws and regulations, the State Administration of Market Supervision solicited opinions from the public on May 9, 2121 on the Administrative Measures for Supervision and Inspection of Food Production and Operation. Measures for the Administration of Supervision and Inspection of Food Production and Operation * * * Chapter 7, article 53. Chapter I General Provisions ***5, mainly including legislative purpose, scope of application, definition of supervision and inspection, principles to be followed, etc. Chapter II Division of Supervision and Inspection Subjects and Powers ***6 articles, which mainly stipulate the division of responsibilities of supervision and inspection work of market supervision departments at all levels. Chapter III Supervision and Inspection Contents ***5 items, mainly including the supervision and inspection contents of food production, sales, catering service supervision and other links. Chapter IV Supervision and Inspection Procedures ***14, mainly including supervision and inspection plan, inspectors, "double random" spot check, inspection method, sampling inspection, evidence preservation, on-site problem handling, inspection and result judgment, inspection result confirmation and notification, objection handling and other requirements. Chapter V Supervision and Management ***11, which mainly stipulates the requirements of supervision and inspection results disposal, case transfer, information disclosure, responsibility interview, credit file, avoiding repeated inspection, inspection personnel training and assessment, inspection tools and equipment, and inspection discipline. Chapter VI Legal Liability ***5, which mainly includes the punishment of non-conformity as a result of inspection, the disposal of non-cooperation with inspection and refusal or obstruction of inspection, the disposal of violence obstructing inspection, and the disposal of violation of discipline. Chapter VII Supplementary Provisions ***7 mainly stipulates the definitions of inspection compliance, financial guarantee, flight inspection and system inspection, encourages third-party evaluation, and refers to the implementation situation and implementation date of small workshops, food vendors and small restaurants.
legal basis: administrative measures for supervision and inspection of food production and operation
article 1 in order to strengthen and standardize the supervision and inspection of food production and operation activities, urge food producers and operators to implement the main responsibility and ensure food safety, these measures are formulated in accordance with the food safety law of the people's Republic of China and its implementing regulations and other laws and regulations.
article 2 these measures shall apply to the supervision and inspection of food safety (hereinafter referred to as supervision and inspection) carried out by the market supervision and management department on the production and operation activities of food producers and operators (including food additive producers) who have obtained the license for food production and operation according to law.
article 3 the term "supervision and inspection" as mentioned in these measures refers to the inspection carried out by the market supervision and management department to urge food producers and operators to continuously comply with production and operation, and to check their implementation of food safety laws, regulations, rules and food safety standards.
article 4 supervision and inspection shall follow the principles of territorial responsibility, risk management, scientific randomness, legal procedures, fairness and openness.
article 5 the market supervision and management department shall strengthen the informatization construction of supervision and inspection, strengthen the integration, sharing and utilization of information, record, collect and analyze the supervision and inspection data in supervision and inspection, and improve the measures of supervision and inspection.