Article 27 Food production and marketing shall conform to the food safety standards and meet the following requirements:
(1) Having a place for food raw material processing, food processing, packaging and storage that is suitable for the variety and quantity of food produced and marketed, keeping the environment of the place clean and tidy, and keeping 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 for disinfection, dressing, washing, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;
(3) Having professional technicians and managers for food safety and rules and regulations to ensure food safety;
(4) It has a reasonable equipment layout and technological process to prevent cross-contamination between food to be processed and directly imported food, raw materials and finished products, and to avoid food contact with toxic and unclean substances;
(5) Tableware, drinking utensils and containers for direct food should be washed and disinfected before use, and cookware and utensils should be washed and kept clean after use;
(6) Containers, tools and equipment for storing, transporting and loading and unloading food shall be safe and harmless, kept clean to prevent food contamination, and meet special requirements such as temperature required to ensure food safety. Food shall not be transported together with toxic and harmful articles;
(7) The food for direct entrance should be packaged in small packages or non-toxic and clean packaging materials and tableware should be used;
(8) Food producers and marketers should maintain personal hygiene, wash their hands and wear clean work clothes and hats when producing and marketing food; Non-toxic and clean selling tools should be used when selling unpackaged food for direct import;
(9) Water use shall conform to the hygienic standards for drinking water stipulated by the state;
(11) The detergents and disinfectants used shall be safe and harmless to human body;
(11) other requirements stipulated by laws and regulations.
Article 28 It is prohibited to produce and market the following foods:
(1) Foods produced with non-food raw materials or foods with chemicals other than food additives and other substances that may be harmful to human health, or foods produced with recycled foods as raw materials;
(2) foods with pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health exceeding the food safety standards;
(3) main and supplementary foods specially designed for infants and other specific groups whose nutritional components do not meet food safety standards;
(4) food with spoilage, rancidity of oil, mildew and insects, filth, impurity, adulteration or abnormal sensory properties;
(5) Meat of poultry, livestock, beasts and aquatic animals and their products that have died of illness, poisoning or unknown causes;
(6) meat that has not been quarantined by the supervising agency for animal health or is unqualified in quarantine, or meat products that have not been inspected or are unqualified in inspection;
(7) food contaminated by packaging materials, containers and means of transport;
(8) food beyond the shelf life;
(9) unlabeled prepackaged foods;
(11) Foods whose production and marketing are explicitly prohibited by the state for special needs such as disease prevention;
(11) other foods that do not meet the food safety standards or requirements.
article 29 the state practices a licensing system for food production and marketing. Engaged in food production, food circulation, catering services, should obtain food production license, food circulation license, catering service license according to law.
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 in his production place; A catering service provider who has obtained a catering service license does not need to obtain a license for food production and circulation to sell its processed food in its catering service place; Individual farmers do not need to obtain permission for food circulation to sell their own edible agricultural products.
small food production and processing workshops and food vendors engaged in food production and marketing activities shall meet the food safety requirements stipulated in this law that are appropriate to the scale and conditions of their production and marketing, and ensure that the food they produce and market is hygienic, non-toxic and harmless. The relevant departments shall strengthen supervision and management over it, and the specific management measures 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.
Article 31 Local people's governments at or above the county level shall encourage small food production and processing workshops to improve their production conditions; Encourage food vendors to enter centralized trading markets, shops and other fixed places to operate.
article 31 the quality supervision, industry and commerce administration and food and drug supervision and administration departments at or above the county level shall, in accordance with the provisions of the administrative licensing law of the people's Republic of China, examine the relevant materials required by the provisions of items 1 to 4 of article 27 of this law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, decided to grant permission; If it does not meet the prescribed conditions, it shall decide not to grant permission and explain the reasons in writing.
article 32 a food production and marketing enterprise shall establish and improve its own food safety management system, strengthen the training of its employees on food safety knowledge, equip full-time or part-time food safety management personnel, do a good job in the inspection of the food it produces and markets, and engage in food production and marketing activities according to law.
article 33 the state encourages food production and marketing enterprises to meet the requirements of good production practices, implement a hazard analysis and critical control point system, and improve the level of food safety management.
for food production and operation enterprises that have passed the certification of good production practices, hazard analysis and critical control point system, the certification institution shall conduct follow-up investigation according to law; Enterprises that no longer meet the certification requirements shall revoke the certification according to law, notify the relevant quality supervision, industry and commerce administration, food and drug supervision and management departments in a timely manner, and announce it to the public. Certification bodies do not charge any fees for the follow-up investigation.
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, as well as those suffering from diseases that hinder food safety such as active tuberculosis, suppurative or exudative dermatosis, are not allowed to engage in the work of contacting directly imported food.
food production and marketing personnel should have a health examination every year, and only after obtaining a health certificate can they take part in the work.
article 35 producers of edible agricultural products shall use agricultural inputs such as pesticides, fertilizers, growth regulators, veterinary drugs, feeds and feed additives in accordance with food safety standards and relevant state regulations. Enterprises producing edible agricultural products and farmers' specialized cooperative economic organizations shall establish a production record system for edible agricultural products.
agricultural administrative departments at or above the county level should strengthen the management and guidance on the use of agricultural inputs, and establish and improve the safe use system of agricultural inputs.
Article 36 When purchasing food raw materials, food additives and food-related products, food producers shall check the supplier's license and product qualification certificates; Food raw materials that cannot provide qualified certification documents shall be inspected in accordance with food safety standards; Food raw materials, food additives and food-related products that do not meet food safety standards shall not be purchased or used.
a food production enterprise shall establish a system for checking and recording the incoming goods of food raw materials, food additives and food-related products, and truthfully record the names, specifications, quantities, names and contact information of suppliers, purchase dates and other contents of the food raw materials, food additives and food-related products.
The incoming inspection records of food raw materials, food additives and food-related products shall be authentic and shall be kept for at least two years.
article 37 a food production enterprise shall establish a record system for ex-factory food inspection, 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, name and contact information of the buyer, sales date and other contents of the food.
The food factory inspection records shall be authentic and the storage period shall not be less than two years.
article 38 producers of food, food additives and food-related products shall inspect the food, food additives and food-related products they produce in accordance with food safety standards, and can only leave the factory or sell them after passing the inspection.
article 39 when purchasing food, a food business operator shall check the supplier's license and the food qualification certificate.
a food trading enterprise shall establish a food purchase inspection record system, and truthfully record the name, specification, quantity, production batch number, shelf life, supplier's name and contact information, purchase date and other contents of the food.
The food incoming inspection records shall be authentic and the storage period shall not be less than two years.
for a food business enterprise that implements a unified distribution operation mode, the headquarters of the enterprise can uniformly check the supplier's license and food qualification documents, and record the food purchase inspection.
Article 41 A food dealer shall store food according to the requirements of ensuring food safety, regularly check the stored food, and promptly clean up the food that has deteriorated or exceeded its shelf life.
article 41 when storing bulk food, food business operators shall indicate the name, production date, shelf life, producer's name and contact information of the food at the storage location.
when selling bulk food, food business operators shall indicate the name, production date, shelf life, name and contact information of the producers and operators on the containers and outer packages of bulk food.
article 42 there should be labels on the packaging of prepackaged foods. The label shall indicate the following items:
(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) storage conditions;
(7) Common names of food additives used in national standards;
(8) production license number;
(9) other matters that must be marked as stipulated by laws, regulations or food safety standards.
The labels of the main and supplementary foods specially designed for infants and other specific groups should also indicate the main nutritional components and their contents.
article 43 the state practices a licensing system for the production of food additives. The conditions and procedures for applying for the production license of food additives shall be implemented in accordance with the provisions of the state on the administration of production licenses for industrial products.
article 44 units or individuals that apply for using new food raw materials to engage in food production or engage in production activities of new varieties of food additives and new varieties of food-related products shall submit safety assessment materials of relevant products to the health administrative department of the State Council. The health administrative department of the State Council shall organize the review of the safety assessment materials of related products within 61 days from the date of receiving the application; To meet the requirements of food safety, decide to grant permission according to law and publish it; If it does not meet the food safety requirements, it shall decide not to grant permission and explain the reasons in writing.
article 45 food additives should be technically necessary and proved to be safe and reliable through risk assessment before they can be included in the permitted use. The administrative department of health of the State Council shall, according to the technical necessity and the results of food safety risk assessment, revise the standards of varieties, scope of use and dosage of food additives in a timely manner.
article 46 food producers shall use food additives in accordance with the provisions of food safety standards on the varieties, application scope and dosage of food additives; Chemical substances other than food additives and other substances that may endanger human health shall not be used in food production.
article 47 food additives shall have labels, instructions and packaging. Labels and instructions shall specify the items specified in Items 1 to 6, 8 and 9 of Paragraph 1 of Article 42 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 indicated on the labels.
article 48 the labels and instructions of food and food additives shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention and treatment. The producer is responsible for the contents stated in the label and instructions.
The labels and instructions of food and food additives should be clear, obvious and easy to identify.
food and food additives that are inconsistent with the contents stated in their labels and instructions shall not be put on the market for sale.
article 49 a food dealer shall sell prepackaged foods in accordance with the warning signs, warning instructions or precautions indicated on food labels.
article 51 drugs may not be added to foods produced and marketed, but substances that are traditionally both foods and Chinese herbal medicines may be added. According to tradition, the catalogue of substances that are both food and Chinese herbal medicines is formulated and published by the health administrative department of the State Council.
article 51 the state exercises strict supervision over foods that claim to have specific health care functions. The relevant supervision and management departments shall perform their duties and assume responsibilities according to law. Specific management measures shall be formulated by the State Council.
The food claimed to have specific health care function shall not cause acute, subacute or chronic harm to human body, and its labels and instructions shall not involve the functions of disease prevention and treatment, and the contents must be true, and the suitable crowd, unsuitable crowd, functional ingredients or symbolic ingredients and their contents shall be specified; The function and composition of the product must be consistent with the label and instructions.
article 52 promoters of centralized trading markets, lessors of counters and organizers of trade fairs shall examine the licenses of food business operators who enter the market, clarify the responsibilities of food safety management of food business operators who enter the market, regularly check the business environment and conditions of food business operators who enter the market, and promptly stop and report to the local county-level administrative department for industry and commerce or food and drug supervision and administration department.
the promoters, counter lessors and exhibition organizers of the centralized trading market have failed to fulfill the obligations specified in the preceding paragraph, and if there is a food safety accident in this market, they shall be jointly and severally liable.
article 53 the state establishes a food recall system. When food producers find that the food they produce does not meet the food safety standards, they should immediately stop production, recall the food that has been put on the market, notify the relevant producers, operators and consumers, and record the recall and notification.
if a food business operator finds that the food it deals in does not meet the food safety standards, it shall immediately stop the business operation, notify the relevant producers, operators and consumers, and record the situation of stopping the business operation and notifying them.