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In the food service unit sampling food and tableware failure should be how to apply the legal provisions of administrative punishment.

According to the "People's Republic of China *** and the State Food Safety Law"

Article 27 The production and operation of food shall comply with food safety standards, and meet the following requirements:

(4) with a reasonable layout of the equipment and process flow, to prevent the food to be processed and the direct entry of food, raw materials and finished products cross-contamination, to avoid contact with toxic substances, unclean substances;

(5) tableware and drinking utensils and containers holding direct entry of food shall be washed and sterilized before use. p>(E) tableware, drinking utensils and containers holding directly imported food should be washed and sterilized before use, cooking utensils, utensils should be washed after use to keep clean.

Article 86 ? Violation of the provisions of this Law, the competent authorities concerned, in accordance with their respective division of responsibilities, confiscate the illegal income, illegal production and operation of food and tools, equipment, raw materials and other items used in illegal production and operation; illegal production and operation of foodstuffs less than 10,000 yuan of the value of goods and impose a fine of more than 2,000 yuan to less than 50,000 yuan.

The value of goods amounting to more than 10,000 yuan, and impose a fine of two times the value of goods amounting to more than five times the following; the circumstances are serious, shall order the suspension of production and business, until the revocation of the license.

Expanded:

Food Safety Monitoring

(Based on: Food Safety Law of the People's Republic of China*** and the State)

Article 14 The State establishes a system of risk monitoring for food safety, and conducts monitoring of food-borne diseases, food contamination, and harmful factors in food.

The health administrative department of the State Council, in conjunction with the State Council's food safety supervision and management, quality supervision and other departments, to formulate and implement a national food safety risk monitoring program.

The food safety supervision and management department of the State Council and other relevant departments shall immediately verify and notify the health administrative department of the State Council after they are informed of the food safety risk information.

On the food safety risk information notified by the relevant departments, as well as medical institutions reported food-borne diseases and other related disease information, the State Council administrative department of health shall, in conjunction with the relevant departments of the State Council to analyze and study, that is necessary, timely adjustment of the national food safety risk monitoring program.

Provinces, autonomous regions, municipalities directly under the Central People's Government health administrative departments in conjunction with the same level of food safety supervision and management and other departments, according to the national food safety risk monitoring program, combined with the specific circumstances of the administrative region, to develop, adjust the administrative region of the food safety risk monitoring program, reported to the State Council administrative department of health for the record and implementation.

Article XV of the food safety risk monitoring work undertaken by technical institutions should be based on food safety risk monitoring plan and monitoring program to carry out monitoring work, to ensure that the monitoring data is true and accurate, and in accordance with the requirements of the food safety risk monitoring plan and monitoring program to submit monitoring data and analysis results.

Food safety risk monitoring staff have the right to enter the relevant planting and breeding of edible agricultural products, food production and management sites to collect samples, collect relevant data. Collection of samples should be paid in accordance with market prices.

Article XVI of the food safety risk monitoring results show that there may be food safety risks, the people's governments at or above the county level of health administration shall promptly inform the relevant information to the same level of food safety supervision and management and other departments, and report to the people's government at the level of the people's government and the people's government at higher levels of health administration. Food and drug supervision and management and other departments shall organize further investigation.

Article 17 The State establishes a food safety risk assessment system, utilizing scientific methods, based on food safety risk monitoring information, scientific data, and relevant information, risk assessment of biological, chemical and physical hazards in food, food additives, and food-related products.

The health administrative department of the State Council is responsible for organizing the risk assessment of food safety, and setting up an expert committee on risk assessment of food safety composed of experts in medicine, agriculture, food, nutrition, biology, and the environment to carry out risk assessment of food safety. The results of the food safety risk assessment are published by the State Council administrative department of health.

The safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives, etc., there should be experts from the Expert Committee on Food Safety Risk Assessment.

Food safety risk assessment shall not be charged to production operators, the collection of samples should be paid in accordance with market prices.

Article 18 One of the following circumstances, food safety risk assessment shall be carried out:

(a) through food safety risk monitoring or received reports found that food, food additives, food-related products may be a potential safety hazard;

(b) for the development or revision of national standards of food safety to provide the scientific basis for the need to carry out risk assessment;

(c) to determine the supervision and management of key areas, key varieties need to carry out risk assessment;

(d) the discovery of new factors that may be harmful to food safety;

(e) the need to determine whether a factor constitutes a food safety hazard;

(f) the State Council administrative department of health believes that the need to carry out a risk assessment of other circumstances.

Article 19 The State Council supervision and management of food safety, agricultural administration and other departments in the supervision and management of the work found to be in need of food safety risk assessment, shall be put forward to the State Council administrative department of health risk assessment of food safety recommendations, and to provide the source of the risk, the relevant test data and conclusions of the information and data.

The health administrative department of the State Council shall promptly conduct a food safety risk assessment of the circumstances provided for in Article 18 of this Law, and inform the relevant departments of the State Council of the results of the assessment.

Article 20 of the people's governments at or above the provincial level of health administration, agricultural administrative departments shall promptly notify each other of food, food safety of agricultural products risk monitoring information.

The State Council health administration, agricultural administrative departments shall inform each other in a timely manner food, food and agricultural products safety risk assessment results and other information.

Article 21 of the risk assessment of food safety is the development and revision of food safety standards and implementation of food safety supervision and management of the scientific basis.

The food safety risk assessment, food, food additives, food-related products unsafe conclusion, the State Council supervision and management of food safety and other departments shall, in accordance with their respective responsibilities, immediately announce to the community, inform consumers to stop eating or using, and take appropriate measures to ensure that the food, food additives, food-related products to stop production and operation.

The need to develop and revise the relevant national food safety standards, the State Council administrative department of health shall, in conjunction with the State Council food safety supervision and management departments to develop and revise immediately.

Article 22 The food safety supervision and management department under the State Council shall, in conjunction with the relevant departments under the State Council, based on the results of food safety risk assessment, food safety supervision and management of information, a comprehensive analysis of the food safety situation. Comprehensive analysis shows that there may be a higher degree of safety risk of food, the State Council food safety supervision and management department shall promptly put forward food safety risk warning, and announced to the community.

Article 23 The food safety supervision and management departments of the people's governments at or above the county level and other relevant departments, the Expert Committee on Food Safety Risk Assessment and its technical bodies, shall, in accordance with the principles of science, objectivity, timeliness and openness, the organization of food producers and operators, consumer associations, and the news media, etc., on the exchange of information on the risk assessment of food safety and food safety supervision and management of communication of information.

Baidu Encyclopedia - Food Safety Law of the People's Republic of China*** and the State of China