chapter I general provisions article 1 these measures are formulated in accordance with the food safety law of the people's Republic of China and its implementing regulations and other laws and regulations 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. Article 2 These Measures shall apply to the supervision and inspection by the market supervision and management departments on the implementation of food safety laws, regulations, rules and food safety standards by food producers and operators. Article 3 Supervision and inspection shall follow the principles of territorial responsibility, risk management, legal procedures, fairness and openness. Article 4 Food producers and business operators shall be responsible for the safety of the food they produce and operate, and actively cooperate with the market supervision and management departments to carry out supervision and inspection. Article 5 The local market supervision and management departments at or above the county level shall, in accordance with the provisions, randomly select food producers and operators and randomly select supervision and inspection personnel to carry out supervision and inspection on the basis of covering all food producers and operators and combining the credit status of food producers and operators. Article 6 The market supervision and management department shall strengthen the informatization construction of supervision and inspection, record, collect and analyze supervision and inspection information, strengthen data integration, enjoy and use, improve supervision and inspection measures, and enhance the level of intelligent supervision.

chapter ii supervision and inspection powers article 7 the state administration of markets is responsible for supervising and guiding the supervision and inspection of food production and operation throughout the country, and may organize supervision and inspection as needed. Article 8 The provincial market supervision and management departments shall be responsible for supervising and guiding the supervision and inspection of food production and operation within their respective administrative areas, focusing on organizing and coordinating the supervision and inspection of food producers and operators with high product risks and wide influence areas. Article 9 The municipal (hereinafter referred to as municipal) and county-level market supervision and management departments with districts shall be responsible for the supervision and inspection of food production and operation within their respective administrative areas. Municipal market supervision and management departments can combine the actual situation of the scale, risk and distribution of food producers and operators in their respective administrative areas, and divide the power of supervision and inspection in their respective administrative areas according to the requirements of the people's government at the corresponding level, so as to ensure that the supervision and inspection covers all food producers and operators in their respective administrative areas. Article 11 Market supervision and management departments at or above the municipal level may, according to the needs of supervision and management, conduct random supervision and inspection on food producers and operators who are under the daily supervision and management of lower-level market supervision and management departments, or organize lower-level market supervision and management departments to conduct supervision and inspection on food producers and operators in different places. The market supervision and management department shall assist and cooperate with the market supervision and management department at a higher level to carry out supervision and inspection within their respective administrative areas. Article 11 Supervision and inspection matters involving jurisdictional disputes between market supervision and management departments shall be reported to * * * and confirmed by the market supervision and management department at the next higher level. Article 12 The market supervision and administration department at a higher level may regularly or irregularly organize the supervision and inspection work of the market supervision and administration department at a lower level.

chapter iii main points of supervision and inspection article 13 the state administration of markets shall, in accordance with laws, regulations, rules and food safety standards, formulate a list of main points of supervision and inspection of national food production and operation, and specify the main contents of supervision and inspection. According to the principle of risk management, the checklist is divided into general items and key items. Fourteenth provincial market supervision and management departments may, in accordance with the national food production and operation supervision and inspection list, combined with the actual refinement, formulate the administrative area of food production and operation supervision and inspection list. The provincial market supervision and management departments shall supplement and formulate the corresponding points of supervision and inspection of food production and operation in view of the new formats, new technologies and new modes of food production and operation, and report to the State Administration of Market Supervision within 31 days after its promulgation. Article 15 The key points of food production supervision and inspection shall include the qualification of food producers, production environment conditions, incoming goods inspection, production process control, product inspection, storage and delivery control, unqualified food management and food recall, labels and instructions, food safety self-inspection, employee management, information recording and tracing, and food safety accident handling. Article 16 Where food and food additives are commissioned, the entrusting party and the entrusted party shall abide by laws, regulations, food safety standards and the stipulations of the contract, and keep separate records of the varieties of food commissioned, the commissioning period and the supervision of the entrusting party on the production behavior of the entrusted party for future reference. The market supervision and management department shall take the above-mentioned entrusted production as the focus of supervision and inspection. Article 17 The key points of food sales supervision and inspection shall include the qualification of food sellers, the implementation of general provisions, the implementation of prohibitive provisions, the environmental sanitation of business premises, the control of business process, the inspection of incoming goods, food storage, food recall, temperature control and recording, the disposal of expired and other foods that do not meet food safety standards, labels and instructions, food safety self-inspection, employee management, food safety accident handling, imported food sales, edible agricultural products sales, online food sales, etc. Article 18 The main points of supervision and inspection in the production of special foods shall include not only the contents specified in Article 15 of these Measures, but also the implementation of registration requirements, the operation of production quality management system, and the management of raw materials. The main points of supervision and inspection in the production of health food should also include the pretreatment of raw materials. The main points of supervision and inspection in the sales of special foods shall include not only the contents stipulated in Article 17 of these Measures, but also the implementation of the requirements for prohibiting mixing, the verification of labels and instructions, etc. Article 19 The main points of supervision and inspection of the promoters of centralized trading markets and trade fairs shall include the pre-holding report, the qualification examination of food business operators entering the market, the clear responsibility for food safety management, and the inspection of business environment and conditions. The main points of supervision and inspection of non-food producers and operators of food storage business with special requirements on temperature and humidity should include filing, information recording and traceability, and implementation of food safety requirements. Article 21 The key points of supervision and inspection of catering service links shall include the qualification of catering service providers, health management of employees, raw material control, processing and production process, use management of food additives, cleaning and maintenance of places, equipment and facilities, cleaning and disinfection of tableware, and handling of food safety accidents. The supervision and inspection of catering services should strengthen the food safety requirements for meals provided by schools and other centralized dining units.

chapter iv supervision and inspection procedures article 21 the local market supervision and management department at or above the county level shall, in accordance with the annual food safety supervision and management plan of the people's government at the corresponding level, comprehensively consider factors such as food category, enterprise scale, management level, food safety status, risk level, credit records, etc., and prepare an annual supervision and inspection plan. Local market supervision and management departments at or above the county level, in accordance with the provisions of the State Administration of Market Supervision, according to the principle of risk management, combined with the food category, business scale, risk control ability, credit status, supervision and inspection of food producers and operators, classify the risk levels of food producers and operators into four levels from low to high: A-level risk, B-level risk, C-level risk and D-level risk. Article 22 The market supervision and management department shall supervise and inspect all food producers and operators within its administrative area at least once every two years, covering all inspection points. The market supervision and management department shall focus on supervision and inspection of special food producers, food producers with risk levels of C and D, food operators with risk levels of D, and high-risk food producers and operators such as central kitchens and collective dining distribution units, and may increase the frequency of daily supervision and inspection according to actual conditions. The market supervision and management department may, according to the needs of the work, carry out flight inspection on food producers and operators who have found clues through food safety sampling inspection, and carry out system inspection on the operation of the quality management system of special food, high-risk mass food production enterprises and large food trading enterprises. Twenty-third market supervision and management departments to organize the implementation of supervision and inspection shall be attended by more than two (including two) supervision and inspection personnel. If there are more inspectors, an inspection team can be formed. The market supervision and management department may employ professional and technical personnel in related fields to participate in supervision and inspection as required. If there is a direct interest between the inspector and the object to be inspected or other circumstances that may affect the impartiality of the inspection, it shall be avoided. Twenty-fourth inspectors should produce valid law enforcement certificates or inspection task books issued by market supervision and management departments on the spot. Twenty-fifth market supervision and management departments have the right to take the following measures in the implementation of supervision and inspection, and the inspected units shall not refuse, obstruct or interfere: (1) to enter food production and operation places to conduct on-site inspection; (two) sampling inspection of the food produced and operated by the inspected unit; (3) consulting and copying relevant contracts, bills, account books and other relevant materials; (4) sealing up and detaining foods, tools and equipment that are proved by evidence to be inconsistent with food safety standards or that have potential safety hazards and are used for illegal production and operation; (five) to seal up places that engage in illegal food production and business activities; (six) other measures stipulated by laws and regulations. Article 26 Food producers and business operators shall cooperate with the supervision and inspection work, open food production and business premises according to the requirements of market supervision and management departments, answer relevant inquiries, provide relevant contracts, bills, account books, the results of previous supervision and inspection, rectification and other relevant information, assist in on-site inspection and sampling inspection of production and business operations, and provide necessary working conditions for inspectors. Twenty-seventh inspectors shall carry out supervision and inspection in accordance with the provisions of these measures and the requirements of inspection points, and truthfully record the supervision and inspection. In addition to flight inspection, the implementation of supervision and inspection shall cover all inspection items of inspection points. Twenty-eighth market supervision and management departments to carry out supervision and inspection, according to the needs, in accordance with the relevant provisions of the management of food safety sampling inspection, inspection of raw materials, semi-finished products, finished products, etc ... Twenty-ninth market supervision and management departments in the implementation of supervision and inspection, according to the law of enterprise food safety management personnel random supervision and inspection, and announced the assessment. If the spot check fails, the enterprise shall be urged to make rectification within a time limit and make up the exam in time. Thirtieth inspectors should record the problems found in the supervision and inspection, when necessary, they can take pictures of the scene, collect or copy the relevant contracts, bills, account books and other relevant materials. If the inspectors think that the relevant evidence of food producers and business operators suspected of violating laws and regulations may be lost or difficult to obtain in the future, they may take evidence preservation or administrative compulsory measures according to law, and implement the relevant provisions of administrative punishment procedures for market supervision. Inspection records and relevant evidence can be used as the basis for administrative punishment. Thirty-first inspectors should make a judgment based on the comprehensive supervision and inspection, and determine the inspection results. Where there is a potential risk of food safety accidents, food producers and operators shall immediately stop their production and business activities. Thirty-second found that food producers and operators do not meet the key items of the supervision and inspection list, which affects food safety, the market supervision and management department shall investigate and deal with it according to law. Article 33 If it is found that food producers and business operators do not meet the general items in the list of key points of supervision and inspection, but the circumstances are obvious and minor and do not affect food safety, the market supervision and management department shall order them to make rectification on the spot. If it can be rectified on the spot, the inspectors shall record the rectification measures taken by food producers and operators and the rectification situation; If rectification is required within a time limit, the market supervision and management department shall put forward the rectification requirements and time limit in writing. The inspected unit shall make rectification on schedule and report the rectification to the market supervision and management department. The market supervision and management department shall track the rectification and record the rectification results. The market supervision and management department shall investigate and deal with those items that do not meet the general requirements of the supervision and inspection list and affect food safety. Article 34 Food producers and business operators shall, according to the requirements of inspectors, sign or seal the documents such as on-site inspection, inquiry, sampling inspection and other relevant materials collected and copied. If the inspected unit refuses to sign or seal the relevant documents and materials, the inspectors shall indicate the reasons, and may invite the relevant personnel to sign and seal as witnesses, or record them by means of audio and video recording as the basis for supervision and law enforcement. Article 35 Inspectors shall inform food producers and operators in writing of the results of supervision and inspection on the spot. If inspection is needed, the market supervision and management department shall inform the inspection conclusion in time. The supervision and inspection organized by the superior market supervision and management department shall also send a copy of the supervision and inspection results to the market supervision and management department where the food producers and business operators are located.

chapter v supervision and management article 36 if the market supervision and management department finds that the food does not meet the food safety laws, regulations, rules and food safety standards during the supervision and inspection, it shall promptly urge the food producers and operators to trace the source and flow direction of the relevant food, find out the reasons, control the risks, and notify the relevant market supervision and management departments as necessary. Article 37 If the labels and instructions of foods and food additives produced and operated are found to have defects as stipulated in the second paragraph of Article 125 of the Food Safety Law during supervision and inspection, the market supervision and management department shall order the parties concerned to correct them. Foods and food additives that have been remedied by food producers and can ensure food safety can continue to be sold; When selling, the remedies should be clearly stated to consumers. To identify the defects of labels and instructions, we should comprehensively consider the correlation between the labeled content and food safety, the subjective fault of the parties, the consumer's understanding and choice of food safety and other factors. Under any of the following circumstances, it can be identified as a defect in the label and instruction manual as stipulated in the second paragraph of Article 125 of the Food Safety Law: (1) The font size, font and height of words, symbols and figures are not standardized, and typos, multi-words, missing words and traditional Chinese characters appear, or the translation in foreign languages is inaccurate, and the font size and height of foreign languages are greater than those in Chinese; (2) The marking method and format of the net content and specifications are not standardized, or the storage conditions are not marked in accordance with the provisions for foods without special storage conditions; (three) the common name or abbreviation of food, food additives and ingredients is not standardized; (4) The order, value and unit label of the nutrient ingredient list and ingredient list are not standardized, or the interval between the values of the nutrient ingredient list, the "1" boundary value and the label unit are not standardized; (five) the ingredients that are not actually added are marked as "not added", but the specific content is not marked according to the regulations; (six) other circumstances identified by the State Administration of Market Supervision are minor, which do not affect food safety and do not intentionally mislead consumers. Thirty-eighth market supervision and management departments in the supervision and inspection found clues of illegal cases, which do not belong to their own responsibilities or beyond the jurisdiction, should be promptly transferred to the competent departments; Anyone suspected of committing a crime shall be transferred to the public security organ according to law. Article 39 The market supervision and management department shall disclose the inspection result information to the public within 21 working days after it is formed. If the inspection results have an important impact on consumers, food producers and business operators shall post or publicly display the record form of supervision and inspection results in a prominent position in food production and business premises in accordance with the regulations, and keep it until the next supervision and inspection. Conditional can pass electrons.