The measures for the supervision and administration of the quality and safety of food-related products are as follows:
Chapter I General Provisions
Article 1 (Purpose Basis) In order to strengthen the supervision and administration of the quality and safety of food-related products and ensure public health and life safety, these measures are formulated in accordance with the Food Safety Law of the People's Republic of China and other relevant laws and regulations.
article 2 (scope of application) these measures are applicable to the quality and safety supervision and management of food-related products produced and sold in China. The quality and safety of food-related products in the use link shall be supervised and managed in accordance with relevant regulations.
the term "food-related products" as mentioned in these measures refers to packaging materials, containers, detergents and disinfectants used for food and tools and equipment used for food production and operation.
article 3 (principles of supervision) the quality and safety supervision of food-related products shall be based on prevention, risk management, whole-process control and social governance, and a scientific and strict supervision and management system shall be established.
article 4 (division of responsibilities) the state administration of market supervision shall supervise and manage the quality and safety of food-related products nationwide and guide local market supervision and management departments to supervise and manage the quality and safety of food-related products.
the market supervision and administration department of the local people's government at or above the county level is responsible for the supervision and administration of the quality and safety of food-related products within its administrative region.
other relevant departments of the State Council and other relevant departments of the people's governments at or above the county level shall undertake the work related to the quality and safety supervision and management of food-related products within their respective functions and duties.
article 5 (main responsibility) producers and sellers are responsible for the quality and safety of the food-related products they produce and sell.
chapter ii production and sale
article 6 (production and sale according to law) the production and sale of food-related products shall conform to the requirements of national laws, regulations, food safety standards and other relevant mandatory standards.
article 7 (prohibition clauses) prohibits the production and sale of the following food-related products:
(1) using illegal raw materials and additives, using additives beyond the scope and beyond the limit, and other substances that may endanger human health as raw materials to produce food-related products;
using raw materials and additives that do not meet the national food safety standards and related announcements to produce food-related products;
(2) pathogenic microorganisms, pollutants such as pesticide residues, veterinary drug residues, biotoxins, heavy metals and other food-related products whose contents of substances harmful to human health exceed the food safety standards;
(3) Food-related products that have been explicitly eliminated by the state and are invalid or deteriorated;
(4) food-related products with forged origin, forged or falsely used the name, address and quality mark of others;
(5) Other food-related products that do not conform to laws, regulations, food safety standards and other mandatory standards.
article 8 (responsible person) producers of food-related products shall establish and improve the process safety management system of food-related products such as raw material control, production process control, storage control, product ex-factory inspection control, transportation and delivery link control. Ensure that the process control meets the requirements of technical specifications and the products produced meet the national food safety standards and other mandatory standards.
the seller of food-related products shall establish a system of control and inspection of incoming goods, and verify the product conformity certificate and other labels, and the labels shall conform to the provisions of Article 14 of these Measures. Sellers of food-related products shall ensure the quality and safety of the products they sell.
article 9 (commitment to quality and safety) producers of food-related products shall, in accordance with the requirements of national laws, regulations, food safety standards and relevant mandatory standards, make a commitment to the local market supervision and management department for the quality and safety of the food-related products they produce and sell on the basis of strictly implementing the requirements for quality and safety control of food-related products. The quality and safety qualification commitment at least includes:
(1) the names of food-related products;
(2) producer or seller information (name, person in charge, place of origin, contact information and emergency contact information);
(3) categories of food-related products produced or sold;
(4) product identification and implementation standards;
(5) unifying social credit codes;
(6) Statement of commitment;
(7) other relevant information.
if self-inspection or entrusted inspection is carried out, it can be marked on the commitment of quality and safety conformity. Encourage qualified subjects to attach electronic quality and safety qualification commitments and trace QR codes.
The commitment statement of producers and sellers of food-related products refers to the production and sale of food-related products without using illegal raw materials and additives and substances that may endanger human health; Comply with the requirements of national laws, regulations, food safety standards and other relevant mandatory standards; Do not sell food-related products that have been explicitly eliminated by the state, are invalid or deteriorated, are forged in origin, or are forged or fraudulently used by other people's factory names, addresses and quality marks; Responsible for product quality, safety and authenticity.
article 11 (electronic management) the market supervision and management department at or above the county level shall establish and improve the database of the directory of food-related products producers in its jurisdiction, including the names, addresses, product categories and production varieties of food-related products producers. Where conditions permit, electronic management can be realized by means of information technology.
article 11 (commitment supervision) the market supervision and management departments at or above the county level shall incorporate the quality and safety qualification commitments into the supervision and inspection, and check whether the quality and safety qualification commitments are issued as required and whether they are authentic. Those who falsely issue quality and safety qualified promises are included in credit management.
article 12 (training) producers of food-related products shall train their employees on the knowledge of quality and safety of food-related products and engage in production activities according to law.
article 13 (self-inspection system, management of raw materials and accessories) raw materials and accessories of food-related products shall meet the requirements of relevant national laws, regulations and standards, and producers of food-related products shall establish management and control requirements for procurement, acceptance, transportation and storage of raw materials and accessories. Perfect warehousing and warehousing records shall be established, and corresponding procurement, acceptance, storage, use and transportation records shall be kept.
producers of food-related products shall evaluate and verify the safety of raw materials, formulas and production processes, identify the key links that affect product safety in the production process, establish control measures and traceability records, and ensure that the products produced meet the requirements of Article 6.
producers of food-related products should inspect and evaluate the safety status of their products by self-inspection or entrusting inspection institutions with corresponding qualifications. Carry out process inspection, ex-factory inspection and type inspection on products according to the requirements of relevant standards, and keep relevant inspection records. A management system for unqualified products shall be established, and the unqualified products shall be disposed accordingly.
the storage period of all relevant records shall not be less than six months after the expiration of the product warranty period; If there is no clear shelf life, the shelf life shall not be less than 2 years.
article 14 (labeling of food-related products) the minimum sales package of food-related products shall be labeled clearly and truthfully, and shall not mislead consumers. The label shall indicate the following items:
(1) product name;
(2) the name, address and contact information of the producer and/or distributor;
(3) production date and shelf life (if applicable);
(4) material;
(5) Precautions or warning information;
(6) other items that should be marked as stipulated by laws, regulations or food safety standards.
The labeling requirements of detergents and disinfectants shall be implemented in accordance with relevant national food safety standards.
article 15 (recall) when a producer finds that the consumer goods produced by him are needed for daily consumption, and the food-related products used in the same batch, model or category generally have unreasonable dangers that endanger personal and property safety, he shall recall them in accordance with the interim provisions on the administration of consumer goods recall. When a batch or category of other food-related products contains or may contain factors that are harmful to consumers' health, it should be handled in accordance with relevant regulations.
article 16 (traceability of food-related products) producers and sellers of food-related products shall establish a safety traceability system for food-related products, so as to ensure that all links from raw and auxiliary materials procurement to product sales can be effectively traced.
encourage producers and sellers of food-related products to collect and retain production and sales information by means of informationization, and establish a safety traceability system for food-related products.
article 17 (liability insurance) the state encourages producers and sellers of food-related products to participate in relevant safety liability insurance.
chapter iii supervision and administration
section I classification and classification
article 18 (production license) the provincial market supervision and administration department is responsible for implementing the production license, supervision and administration of food-related products within its administrative area. The provincial market supervision and management departments shall inform and promise to approve the production license of food-related products. According to the needs, the provincial market supervision and management department may entrust the production license of food-related products to the market supervision and management department at the next lower level.
the market supervision and management departments at or above the county level shall be responsible for the supervision and inspection of the production license of food-related products within their respective administrative areas.
article 19 (classified management) for food-related products with high risks, such as packaging materials that come into direct contact with food, production licenses and post-certification supervision and inspection shall be implemented in accordance with the state regulations on the management of production licenses for industrial products. Supervise and inspect food-related products without prior permission.
article 21 (hierarchical management) the state administration of market supervision shall, in accordance with the relevant provisions of laws, regulations and national food safety standards, formulate technical specifications, detailed rules for the implementation of quality and safety supervision and spot checks of food-related products, etc. as the basis for supervision and inspection.
the market supervision and management departments at or above the county level shall, according to the safety risk monitoring and risk assessment results of food-related products and the safety status of food-related products, supervise and manage the food-related product production enterprises by risk classification, and carry out supervision and inspection.
article 21 (focus of supervision and management) if the market supervision and management department at or above the county level finds the following situations in the supervision and management, it shall include the producers and sellers of the food-related products as the focus of supervision and management:
(1) the products do not meet the requirements of laws, regulations, national food safety standards and other mandatory standards;
(2) having records of serious product quality and safety violations;
(3) there is evidence that there may be potential safety hazards of food-related products.
the market supervision and management department may entrust a food-related product technical institution with corresponding qualifications in accordance with the relevant provisions of the state to support the supervision and management of food-related products by scientific means such as inspection, certification, evaluation and appraisal, and carry out the supervision and management of food-related products.
section 2 supervision and inspection
article 22 (duties of supervision and inspection) the provincial market supervision and management departments are responsible for supervising and guiding the supervision and inspection of food-related products within their respective administrative areas. The market supervision and management departments at or above the county level shall record, summarize and analyze the supervision and inspection information of food-related products, and improve the supervision and inspection measures.
the market supervision and management departments at or above the county level are responsible for the supervision and inspection of food-related products within their respective administrative areas. Supervision and inspection shall be carried out by randomly selecting inspection objects, randomly sending law enforcement inspectors, spot checks and investigation results to the public in a timely manner. Problems found through complaints, transfer, data monitoring, etc. shall be inspected in a targeted manner and dealt with according to laws and regulations. Information on supervision and inspection of food-related products shall be recorded, summarized and analyzed, and supervision and inspection measures shall be improved.
article 23 (enterprise obligations) producers and sellers of food-related products and their employees shall cooperate with the market supervision and management departments to supervise and inspect the production and sales of products, and ensure that the supervision and inspection personnel perform their duties according to law.
article 24 (supervision and inspection items in production process) the supervision and inspection items in production process of food-related products include the qualifications of producers of food-related products, production environment conditions, incoming inspection results, production process control, product inspection results, storage and delivery control, management of nonconforming products and product recall, management of employees, and handling of food safety accidents.
article 25 (items of supervision and inspection in the sales process) the items of supervision and inspection in the sales process of food-related products include the qualifications of sellers of food-related products, the implementation of general provisions, the implementation of prohibitive provisions, the control of business processes, the inspection results of incoming goods, the storage of food-related products, the recall of unsafe food-related products, the acceptance of quality and safety, labels and instructions, the handling of safety accidents of food-related products, and so on, as well as counter lessors, exhibition organizers and third-party platform providers of online food-related products trading.
article 26 (supervision and inspection plan) the market supervision and management department at or above the county level shall prepare the annual supervision and inspection plan according to the categories of food-related products, enterprise scale, management level, product quality and safety status, credit records and other factors.
the supervision and inspection plan shall include inspection items, inspection methods, inspection frequency, sampling product types and sampling proportion. The supervision and inspection plan shall be made public.
article 27 (supervisors) the market supervision and management departments at or above the county level shall participate in the supervision and inspection by two or more supervisors. Supervision and inspection personnel shall be randomly selected by the market supervision and management department. Supervision and inspection personnel shall produce valid law enforcement certificates on the spot. According to the actual needs of supervision and inspection, it can be implemented together with relevant technical personnel.
article 28 (implementation of supervision and inspection) according to the supervision and inspection plan, the market supervision and management departments at or above the county level shall conduct supervision and inspection in accordance with the requirements of relevant laws and regulations, national food safety standards and technical specifications.
the market supervision and management department should carry out supervision and inspection mainly in the form of document review. When necessary, on-site inspection and sampling inspection can be carried out.
article 29 (sampling inspection) when necessary, the market supervision and management departments at or above the county level shall conduct sampling inspection on food-related products in accordance with the relevant provisions on product quality supervision and spot check, and publish the inspection results. To conduct sampling inspection, the sampled samples shall be purchased, and the inspection agency that complies with relevant laws and regulations shall be entrusted to conduct inspection, and relevant expenses shall be paid; Inspection fees and other fees shall not be charged to the producers and sellers of food-related products.
article 31 (enterprise requirements) producers and sellers of food-related products shall cooperate with the staff of the market supervision and management department to enter the production and sales places of food-related products, answer relevant inquiries according to the requirements of the supervision and inspection personnel, sign or seal the documents such as on-site inspection, inquiry and sampling inspection, provide relevant contracts, bills, account books and other relevant materials, and assist in completing on-site inspection and sampling inspection.
if the inspected unit refuses to sign or seal the record form of daily supervision and inspection results, the supervision and inspection personnel shall indicate the reasons on the record form of supervision and inspection results, and may invite relevant personnel to sign and seal as witnesses, or record it by means of audio and video recording, which will serve as the basis for supervision and law enforcement.
article 31 (results of supervision and inspection) supervisors and inspectors shall truthfully record the supervision and inspection according to the requirements of relevant laws and regulations, national food safety standards and technical specifications, make a comprehensive judgment and determine the inspection results.
article 32 (announcement of supervision and inspection) the market supervision and management department at or above the county level shall announce the inspection results in time after the supervision and inspection, and disclose the daily supervision and inspection time, inspection results, names of inspectors and other information to the public.
article 33 (disposal) the market supervision and management departments at or above the county level shall supervise the producers and sellers of food-related products whose results of supervision and inspection are basically up to standard.