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 Food Safety Law of People's Republic of China (PRC) and its implementing regulations and other laws and regulations, the State Administration of Market Supervision publicly solicited opinions on the Measures for Supervision and Inspection of Food Production and Operation on May 9, 2020. Chapter VII, Article 53 of the Measures for the Supervision and Inspection of Food Production and Operation. Chapter I General Provisions ***5, which mainly includes 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 Article 6 mainly stipulates the division of responsibilities of supervision and inspection work of market supervision departments at all levels. Chapter III contains five items of supervision and inspection, mainly including the supervision and inspection of food production, sales and catering service supervision. Chapter IV Supervision and Inspection Procedures *** 14, mainly including supervision and inspection scheme, inspectors, "double random" spot check, inspection methods, sampling inspection, evidence preservation, on-site problem handling, inspection and result determination, inspection result confirmation and notification, objection handling and other requirements. Chapter V Supervision and Management *** 1 1, 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, mainly including punishment for non-conformity of inspection results, disposal of non-cooperation and refusal, obstruction of inspection, disposal of violence obstructing inspection, and 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 restaurants.
Legal basis: Measures for the Supervision, Inspection and Management 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 responsibilities and ensure food safety, these Measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and its implementing regulations and other laws and regulations.
Article 2 These Measures shall apply to the food safety supervision and inspection conducted by the market supervision and management departments on the production and business activities of food producers and operators (including food additive producers) who have obtained food production and business licenses according to law (hereinafter referred to as supervision and inspection).
Article 3 The term "supervision and inspection" as mentioned in these Measures refers to the inspection conducted by the market supervision and management department on the implementation of food safety laws, regulations, rules and food safety standards in order to urge food producers and operators to continuously comply with production and operation.
Article 4 Supervision and inspection shall follow the principle of territorial responsibility and risk sharing.
The principles of 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 supervision and inspection measures.