Chapter I General Principles
Article 1 This Law is formulated for the purpose of preventing, controlling and eliminating food pollution and the harm of harmful factors in food to human body, preventing and reducing the occurrence of food-borne diseases, ensuring food safety, ensuring people's life safety and health, and enhancing people's physique.
Article 2 Whoever engages in the following activities within the territory of People's Republic of China (PRC) shall abide by this Law:
(a) food production and processing (hereinafter referred to as food production), food circulation and catering services (hereinafter referred to as food business);
(2) Production and sales of food additives;
(3) Production and operation of packaging materials, containers, detergents and disinfectants for food and tools and equipment 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) Safety management of food, food additives and food-related products.
The quality and safety management of edible agricultural products (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law on the Quality and Safety of Agricultural Products. However, the formulation of quality and safety standards for edible agricultural products and the publication of safety information for edible agricultural products shall comply with the relevant provisions of this Law.
The safety management of genetically modified foods should also comply with the provisions of relevant administrative regulations.
Article 3 Food producers and operators shall engage in production and operation in strict accordance with the provisions of this Law and other relevant laws and regulations and food safety standards, and shall not produce or operate unsafe food; Anyone who produces and sells unsafe food must bear legal responsibility in accordance with this law.
Article 4 The local people's governments at or above the county level shall be fully responsible for the food safety supervision and management within their respective administrative areas, lead and coordinate the food safety supervision and management within their respective administrative areas, and establish and improve the coordination mechanism for food safety supervision and management; Unified leadership and command of food safety emergencies; Establish a responsibility system for food safety supervision and management, and assess and evaluate the food safety supervision and management departments.
The institutions established by the subordinate departments of the people's governments at higher levels in the administrative regions at lower levels shall, under the unified coordination of the local people's governments, do a good job in food safety supervision and management according to law.
Article 5 The supervision and administration departments of food production, circulation and catering services at or above the county level shall exercise supervision and administration over food production and marketing activities in accordance with the responsibilities stipulated in this Law and the State Council.
Food safety risk assessment, formulation of food safety standards, publication of food safety information, investigation and handling of food safety accidents, and formulation of qualification certification conditions and inspection specifications of relevant food inspection institutions shall be the responsibility of the departments authorized by the State Council.
The State Council can adjust the food safety supervision and management system according to actual needs.
Article 6 Relevant food industry associations shall strengthen industry self-discipline, strengthen the publicity and popularization of food safety knowledge, and guide consumers to buy foods produced and operated by legitimate food producers and operators, and foods with labels and labels that meet legal requirements.
Article 7 The State encourages social organizations and grass-roots mass autonomous organizations to popularize food safety knowledge and knowledge of food safety laws, regulations and standards, advocate healthy eating styles, and enhance consumers' awareness of food safety and self-protection ability.
The news media should carry out free publicity on food safety knowledge and food safety laws, regulations and standards.
Article 8 The State encourages and supports 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.
Local people's governments at all levels shall take measures to encourage large-scale food production and chain operation and distribution.
Article 9 Food consumers have the right to report and accuse acts that infringe upon consumers' rights and interests, and have the right to obtain food safety information from relevant departments and put forward opinions and suggestions on food safety supervision and management; If food, food additives and food-related products suffer personal or property damage, they have the right to compensation according to law.
Any unit or individual has the right to report illegal and criminal acts in food production and operation. If the report is verified, the relevant food safety supervision and management departments shall reward the informants.
Chapter II Monitoring and Assessment of Food Safety Risks
Article 10 The State establishes a food safety risk monitoring system to monitor food-borne diseases, food pollution and harmful factors in food.
The department authorized by the State Council shall, jointly with other relevant departments in the State Council, formulate and implement the national food safety risk monitoring plan. The departments determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the formulation and implementation of the food safety risk monitoring plan in their respective administrative regions according to the national food safety risk monitoring plan and the specific conditions of their respective administrative regions.
Article 11 The State establishes a food safety risk assessment system to assess biological, chemical and physical hazards in food.
The food safety risk assessment work is specifically responsible for the food safety risk assessment expert committee. The expert committee on food safety risk assessment is composed of technical experts in health and agriculture hired by the authorized department of the State Council in conjunction with other relevant departments of the State Council.
The relevant departments of the State Council have the right to put forward risk assessment suggestions to the department authorized by the State Council to be responsible for food safety risk assessment, and provide relevant information and materials.
The department authorized by the State Council to be responsible for food safety risk assessment shall promptly inform the relevant departments of the State Council of the results of food safety risk assessment.
Twelfth food safety risk assessment expert committee shall, according to food safety risk monitoring information, scientific data and other relevant information, use scientific methods to conduct food safety risk assessment.
Thirteenth food safety risk assessment results should be used as a scientific basis for the formulation and revision of food safety standards and food safety supervision and management.
If the food safety risk assessment results prove that food is unsafe and food safety standards need to be revised and formulated, the department authorized by the State Council to formulate food safety standards shall immediately revise and formulate food safety standards; Before the promulgation and implementation of the newly revised food safety standards, the supervision and administration departments of food production, circulation and catering services in the State Council shall, according to their respective duties, require food producers and operators to stop producing and operating the food.
The State Council authorized the department responsible for food safety risk assessment to conduct a comprehensive analysis of the food safety situation in conjunction with relevant departments in the State Council according to the results of food safety risk assessment and food safety supervision and management information, and put forward food safety risk warnings for foods that may have high safety risks, which will be published by the department authorized by the State Council to be responsible for food safety information publication.
Article 14 The safety assessment of pesticides, fertilizers, growth regulators, veterinary drugs, feeds and feed additives shall be attended by experts from the Expert Committee on Food Safety Risk Assessment.
Rules for inspection of livestock and poultry slaughter shall be formulated by the relevant competent department of the State Council in conjunction with the department authorized by the State Council to be responsible for food safety risk assessment.
Chapter III Food Safety Standards
Fifteenth food safety standards are mandatory standards, which are divided into national standards and local standards; Where there are no national standards, local standards may be formulated. In addition to food safety standards, no other mandatory standards related to food shall be formulated.
Article 16 Food safety standards shall include the following contents:
(1) Provisions on the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health in food and food-related products;
(2) Variety, scope of use and dosage of food additives;
(three) the nutritional requirements of infant food;
(4) Requirements for labels, labels and instructions related to food safety and nutrition;
(5) Hygienic requirements in the process of food production and operation;
(6) Quality requirements related to food safety;
(seven) food inspection methods and procedures;
(eight) other contents that need to formulate food safety standards.
Seventeenth the State Council authorized departments responsible for the formulation and publication of national food safety standards.
The formulation and revision of national food safety standards should be based on the results of food safety risk assessment, fully consider the results of quality and safety risk assessment of edible agricultural products, refer to relevant international standards, adapt to the level of China's economic, social and technological development, and widely listen to the opinions of food producers and operators and other relevant units and individuals.
Article 18 National standards for food safety shall be examined and approved by the National Standards Review Committee for Food Safety. The National Food Safety Standards Review Committee is composed of experts in health and agriculture hired by the departments authorized by the State Council and other relevant departments in the State Council, as well as representatives from the agricultural authorities in the State Council and the supervision and administration departments of food production, circulation and catering services in the State Council.
The department authorized by the State Council to formulate food safety standards shall publish the national food safety standards through the news media. The public can consult the national food safety standards for free.
Article 19 Before the implementation of the national food safety standards stipulated in this Law, food producers and business operators shall produce and market food according to the current food hygiene standards, food quality standards and relevant industry standards.
The national standards for other related products other than the national standards for food safety, which involve the contents listed in Article 16 of this Law, shall conform to the national standards for food safety.
Article 20 The departments responsible for formulating food safety standards of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the formulation and revision of local food safety standards, and shall refer to the provisions of this Law to formulate and revise national food safety standards, and report to the departments authorized to formulate food safety standards in the State Council for the record.
Article 21 The State encourages food production and marketing enterprises to formulate standards that are stricter than the national and local standards for food safety, and implement them within the enterprises.
Chapter IV Food Inspection
Twenty-second food inspection agencies can engage in food inspection activities only after they have been certified by the State Council Certification and Accreditation Administration. Food inspection results issued by unqualified inspection institutions have no legal effect. Except as otherwise provided by this law or other laws.
The conditions and inspection specifications approved by food inspection agencies shall be formulated by the departments authorized by the State Council.
Food inspection institutions established with the approval of the relevant authorities in the State Council before the implementation of this Law or legally recognized may continue to engage in food inspection activities in accordance with this Law.
Article 23 Food inspection shall be conducted independently by inspectors designated by food inspection agencies.
Inspectors shall, in accordance with the provisions of relevant laws and regulations, inspect food according to food safety standards and inspection specifications, respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.
Article 24 Food inspection institutions and inspectors shall be responsible for food inspection. The food inspection report shall be stamped with the official seal of the food inspection agency and signed or sealed by the inspectors. Food inspection agencies and inspectors are responsible for the food inspection reports issued.
Article 25 If the supervision and administration department of food production, circulation and catering services needs to inspect food according to law, it shall entrust a food inspection agency that complies with the provisions of this Law to conduct inspection and pay relevant fees. If there is any objection to the inspection conclusion, the food producers and operators, food consumers or the relevant food safety supervision and administration departments shall entrust other food inspection agencies that meet the requirements of this Law to conduct re-inspection. Do not reinspect microbial indicators.
If there are still objections to the conclusion of the re-inspection, the re-inspection shall be conducted on the national laboratories that can engage in food inspection activities as determined by the departments authorized by the State Council to be responsible for formulating the qualification certification conditions and inspection specifications of food inspection institutions. The inspection conclusion of the national laboratory is final.
Article 26 Where food producers, operators, trade associations and food consumers need to entrust a food inspection agency to inspect food, they shall entrust a food inspection agency that complies with the provisions of this Law.
Chapter V Food Production and Sales
Article 27 The State practices a food production and marketing licensing system. Without permission, no unit or individual may engage in food production and business activities. However, a food producer who has obtained a food production license does not need to obtain a food circulation license to sell the food he produces at his production site; A catering service provider who has obtained a catering service license does not need to obtain a food production and circulation license to sell its processed food in its catering service place; Farmers do not need to obtain food circulation permission to sell their own edible agricultural products; Producers do not need to obtain a food production license to produce food sold in the administrative area of their own township (town).
Article 28 To engage in food production and marketing activities, the following conditions shall be met:
(1) Having a place for processing, packaging and storing food raw materials that is suitable for the variety and quantity of food produced and operated, and ensuring that the place keeps a prescribed distance from toxic and harmful places and other pollution sources;
(2) Having production and operation equipment or facilities suitable for the variety and quantity of food produced and operated, and having corresponding equipment or facilities such as disinfection, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rat prevention, waste water and waste discharge;
(3) Having professional technical personnel and management personnel for food safety suitable for the scale of production and operation;
(4) It has the layout of equipment and facilities and the operation flow suitable for the variety and quantity of food produced and operated, and meets the requirements of preventing food pollution;
(5) Having rules and regulations to ensure food safety;
(6) Meeting other requirements stipulated in food safety standards.
Article 29 The State implements a supervision code system for food, food additives and food-related products. Specific implementation measures and steps shall be formulated by the relevant departments of the State Council.
Article 30 Units and individuals applying to engage in food production and marketing activities shall submit relevant materials that can prove that they meet the conditions stipulated in Article 28 of this Law to the local food production, circulation and catering service supervision and management departments at or above the county level.
The supervision and administration departments of food production, circulation and catering services at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law, examine the relevant materials submitted by the applicant within the scope of their respective duties, and conduct on-site inspections of the applicant's production and business premises when necessary; To meet the prescribed conditions, it is decided to grant a license and issue a license for food production, circulation or catering services. For food producers who have implemented the management of food safety supervision code, the department issuing food production license shall also issue the food safety supervision code segment to the applicant. If it does not meet the prescribed conditions, it shall decide not to grant the license and explain the reasons in writing.
Article 31 The State practices a licensing system for the production of food additives and food-related products. Without permission, no unit or individual may engage in the production of food additives and food-related products.
The conditions and procedures for applying for production licenses for food additives and food-related products shall be implemented in accordance with the Regulations on the Administration of Production Licenses for Industrial Products.
Article 32 Units and individuals applying to engage in the production activities of new varieties of food additives and new varieties of food-related products shall submit the safety assessment materials of relevant products to the department authorized by the State Council to be responsible for food safety risk assessment. The department authorized by the State Council to be responsible for food safety risk assessment shall organize to review the safety assessment materials of related products within 60 days from the date of receiving the application; To meet the requirements of food safety, decide to grant permission and publish it; Do not meet the requirements of food safety, it shall decide not to permit, and explain the reasons in writing.
Article 33 Food production enterprises shall meet the requirements of good production practices. The state encourages food production and marketing enterprises to implement the system of hazard analysis and critical control points to improve the level of food safety management.
Article 34 Food producers and business operators shall establish and implement the health management system for employees. Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever and viral hepatitis A, and persons suffering from diseases that hinder food safety such as active tuberculosis, suppurative or exudative dermatosis, shall not engage in direct contact with imported food.
Article 35 Food producers and traders may not add drugs to food, but they may add substances that are traditionally both food and Chinese herbal medicines. Traditionally, the list of substances that are both food and Chinese herbal medicines is formulated and published by the authorized department of the State Council.
Food additives and food-related products sold or used in food production shall pass the inspection. The use of food additives by food producers shall conform to food safety standards, and shall be filed with the county-level food production supervision and administration department.
Article 36 If the food produced by food producers and business operators meets the food safety standards, they shall meet the food safety standards; If there is no food safety standard, it shall be non-toxic and harmless, and meet the nutritional requirements and other requirements stipulated in this Law.
Article 37 Any unit or individual is prohibited from engaging in the following food production and marketing activities:
(a) the production and operation of food containing substances explicitly prohibited by the state or food explicitly prohibited by the state for special needs such as disease prevention;
(2) dealing in the meat of poultry, livestock, animals or aquatic animals that have died of illness, poisoning or unknown causes, or producing or dealing in the meat products of poultry, livestock, animals or aquatic animals that have died of illness, poisoning or unknown causes;
(3) using non-food raw materials to produce food or adding non-food chemicals to food, or using recycled food as raw materials to produce food;
(four) the production and operation of the main and auxiliary foods specially designed for infants and young children whose nutritional components do not meet the food safety standards;
(5) dealing in foods that are spoiled, mildewed, infested, unclean, mixed with foreign substances or have abnormal sensory properties;
(six) the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health exceed the national standards;
(seven) the production and operation of meat that has not been quarantined or unqualified by the animal health supervision institution, or the production and operation of meat products that have not been inspected or unqualified;
(eight) the production and operation of adulterated and doped food;
(nine) dealing in food contaminated by packaging materials, containers and means of transport;
(ten) the production and operation of unlabeled prepackaged foods;
(eleven) the production and operation of other foods that do not meet the food safety requirements.
Article 38 Food producers shall establish an inspection and recording system for food raw materials, food additives and food-related products, inspect the food production license or food circulation license, business license, food factory inspection report or other relevant food qualification certificates of suppliers of food raw materials, food additives and food-related products, and truthfully record the names, specifications, quantities, names, contact information and purchase date of suppliers. For food raw materials, food additives and food-related products that have been managed by the food safety supervision code, the food safety supervision code should also be checked; It is forbidden to purchase and use food raw materials, food additives and food-related products that do not meet food safety standards.
The inspection records of food raw materials, food additives and food-related products shall not be altered or forged, and the storage period shall not be less than 2 years.
Article 39 There should be labels on the packaging of prepackaged foods. The label shall indicate the following contents:
(1) Name, specification, net content and production date;
(2) List of ingredients or ingredients;
(3) The name, address and contact information of the producer;
(4) shelf life;
(5) product standard code;
(6) Preservation conditions;
(7) Food additives used;
(eight) the food production license number;
(nine) other matters that must be marked by laws, regulations or food safety standards.
The labels of the main and supplementary foods specially designed for infants and young children should also indicate the main nutritional components and their contents; The label of the food that has been managed by the food safety supervision code shall also indicate the food safety supervision code.
Article 40 A food producer who has obtained the food safety supervision code shall submit real-time updated information such as food production date and product inspection information to the food production supervision and administration department that issued the food production license before the food it produces is put on the market.
Article 41 Food additives shall have labels, instructions and packages. The instructions or labels shall indicate the items specified in Items (1) to (6), (8) and (9) of Article 39 of this Law, as well as the scope of use, dosage and method of use of food additives, and the words "food additives" shall be marked on the labels.
Article 42 Labels, instructions and packages of foods and food additives shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention, treatment and diagnosis. Food producers should bear legal responsibility for the claims on labels, instructions and packaging.
Labels and instructions of food and food additives should be clear and easy to distinguish.
Article 43 A food producer shall establish a record system for ex-factory inspection of food, check the inspection certificate and safety status of ex-factory food, and truthfully record the name, specification, quantity, production date, production batch number, inspection certificate number, buyer's name and contact information, sales date and other contents of the food; Foods that do not meet food safety standards and do not conform to the contents indicated in food labels, instructions and packages shall not be put on the market for sale.
Food factory inspection records shall not be altered or forged, and the storage period shall not be less than 2 years.
Forty-fourth food business operators who have implemented the management of food safety supervision codes when purchasing food shall check the food safety supervision codes; If the management of food safety supervision code is not implemented, the following items shall be checked:
(1) Whether the supplier has a food production license, a food circulation license or a business license;
(two) whether there is a food factory inspection report or other relevant documents to prove that the food is qualified.
Article 45 A food business operator shall establish a food purchase inspection record system, and truthfully record the name, specification, quantity, production date, production batch number, shelf life, supplier name and contact information, purchase date and other contents of the food.
Food incoming inspection records shall not be altered or forged, and the storage period shall not be less than 2 years.
Article 46 Food business operators shall store food in accordance with the requirements of ensuring food safety, regularly check the stored food, and promptly clean up spoiled food.
Article 47 When storing bulk food, food business operators shall indicate the food name, production date, shelf life, producer name and contact information at the storage place.
When selling bulk food, food business operators shall indicate the name, production date, shelf life, producer's name and contact information, operator's name and contact information on the container and outer packaging of bulk food.
Article 48 Food business operators shall sell prepackaged foods in accordance with the requirements of warning signs, warning instructions or precautions marked on food labels or instructions.
Food business operators shall promise consumers that the food they sell meets the food safety requirements, and bear corresponding responsibilities for the promises made.
Article 49 Anyone who engages in food business activities in centralized trading markets, counter rental places and bazaars shall meet the conditions stipulated in Article 28 of this Law.
The promoters, counter lessors and exhibition organizers of the centralized trading market shall examine the food circulation and catering service licenses of the food operators entering the market, clarify the food safety management responsibilities of the food operators entering the market, and regularly check whether the business environment, conditions and internal food safety management system of the food operators meet the statutory requirements and whether the food they operate is safe. If it is found that a food business operator deals in unsafe food or commits other acts in violation of the provisions of this Law, it shall stop it in time and immediately report to the local county-level food circulation and catering service supervision and management department; Food safety accidents caused by food sold in this market shall be jointly and severally liable.
Article 50 Safe, non-toxic, harmless and clean means of transport shall be used to transport food, meeting the special requirements such as temperature required to ensure food safety, and food shall not be mixed with toxic and harmful articles for transport.
Article 51 The State establishes a food recall system. When food producers find that the food they produce is unsafe, they should immediately stop production, announce relevant information to the society, notify relevant producers and operators to stop producing and marketing the food, notify consumers to stop using the food, recall the food that has been put on the market for sale, and record the recall.
When a food business operator discovers that the food it deals in is unsafe, it shall immediately stop the business operation, notify the relevant producers and operators to stop the production and operation of the food, notify consumers to stop using the food, and record the notification.
Food producers and business operators shall take measures such as destruction and harmless treatment of the recalled food to prevent the food from entering the market again.
Article 52 The contents of food advertisements shall be true, and shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention, treatment and diagnosis.
Article 53 Local people's governments at or above the county level shall take measures to encourage food vendors to operate in fixed places such as centralized trading markets and shops.
Measures for the administration of food vendors shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government in accordance with this Law.
Chapter VI Food Import and Export
Article 54 Imported food, food additives and food-related products shall conform to China's national food safety standards.
If the new varieties of food additives and food-related products are imported for the first time, or the food imported for the first time does not meet the requirements of national food safety standards and relevant international standards, treaties and agreements, the importer shall apply to the department authorized by the State Council to be responsible for food safety risk assessment, and submit relevant safety assessment materials. The State Council authorizes the department responsible for food safety risk assessment to make a decision of approval or disapproval in accordance with the provisions of Article 32 of this Law.
Imported food shall be inspected by entry-exit inspection and quarantine institutions. The customs shall release the goods with the clearance certificate issued by the entry-exit inspection and quarantine institution.
Article 55 If an overseas food safety incident may affect China's territory, or serious food safety problems are found in imported food, the State Council entry-exit inspection and quarantine institutions shall take risk early warning measures in time, and notify the supervision and administration departments of food production, circulation and catering services in the State Council and the departments authorized by the State Council to be responsible for food safety risk assessment. The department that received the notice shall take corresponding measures in time.
Article 56 Exporters or agents exporting food to China shall file with the entry-exit inspection and quarantine authorities in the State Council. Overseas food production enterprises that export food to China shall be registered with the entry-exit inspection and quarantine institution of the State Council.