Legal analysis:
Risk classification: 1. The food and drug supervision and management department shall classify the risk grade of food production and operation, and determine the risk grade of food producers and operators from the static risk factors such as food production and operation category, business scale and consumption target, and the dynamic risk factors such as the maintenance of production and operation conditions, the control of production and operation process, the establishment and operation of management system, and according to the supervision and inspection of food producers and operators, supervision and sampling, complaints and reports. The risk levels of food producers and operators are divided into four levels from low to high: A-level risk, B-level risk, C-level risk and D-level risk. 2, food and drug supervision and management departments to determine the risk level of food producers and operators, using the scoring method, with a percentage calculation. Among them, the quantitative score of static risk factors is 41, and the quantitative score of dynamic risk factors is 61. The higher the score, the higher the risk level. 3. The static risk factors of food production and operation are divided into files, files, files and files according to the quantitative score. 4. Food producers and operators with static risk level include: (1) low-risk food production enterprises; (2) Ordinary prepackaged foods sales enterprises; (three) catering service enterprises engaged in the manufacture and sale of homemade drinks and other foods. 4. The food producers and operators with static risk level include: (1) production enterprises of low-risk food; (2) Bulk food sales enterprises; (3) catering service enterprises engaged in the manufacture and sale of hot food, pastry food and cold food without high-risk perishable food; (4) Food additive manufacturers other than compound food additives. 5. The food producers and operators with the static risk level include: (1) medium-risk food production enterprises, which should include pastry production enterprises and bean products production enterprises; (2) Sales enterprises of frozen and refrigerated foods; (3) catering service enterprises engaged in the manufacture and sale of hot food, pastry food, cold food and raw food containing high-risk perishable food; (4) Enterprises producing compound food additives. 6. The food producers and operators with the static risk level include: (1) high-risk food production enterprises, which should include dairy production enterprises and meat production enterprises; (two) the main and auxiliary food production enterprises for infants and other specific groups; (3) Enterprises producing health food; (four) catering service enterprises that mainly provide catering services for specific groups (including patients, the elderly, students, etc.); (5) catering service enterprises such as central kitchens, dining distribution units and unit canteens that provide dining services to a large number of consumers on a large scale. 7. If food with multiple categories is produced and operated, the food category with higher risk should be selected to determine the static risk level of the food producer and operator. 8. The Quantitative Score Table of Static Risk Factors in Food Production and Operation (hereinafter referred to as the Static Risk Table, see Annex 1) was formulated by china food and drug administration. The provincial food and drug supervision and administration department may, according to the actual situation of the administrative region, adjust the Static Risk Table and organize its implementation within the administrative region. 9, the evaluation of dynamic risk factors of food production enterprises should consider the enterprise qualification, incoming inspection, production process control, factory inspection, etc.; Special food should also consider the registration of product formula and the operation of quality management system; Health food should also consider the situation of entrusted processing; Food additives should also take into account the fact that the raw materials and processes of production meet the requirements of product standards. The evaluation of dynamic risk factors of food sellers should consider business qualifications, business process control and food storage. The evaluation of dynamic risk factors of catering service providers should consider business qualifications, employee management, raw material control, processing and production process control and so on. 11, the provincial food and drug supervision and management departments can refer to the "food production and operation daily supervision and inspection points table" to develop a quantitative score table for dynamic risk factor evaluation of food production and operation (hereinafter referred to as the dynamic risk evaluation table), and organize the implementation. However, the quantitative score of dynamic risk factors in food sales should be formulated with reference to the Quantitative Score Table of Dynamic Risk Factors in Food Sales (see Annex 2). 11. The food and drug supervision and administration department shall determine the risk level of food producers and operators through quantitative scoring, adding the quantitative scores of static risk factors of food producers and operators to the quantitative scores of dynamic risk factors of production and operation. If the sum of risk scores is 1-31 (inclusive), it is Grade A risk; If the sum of the risk scores is 31-45 (inclusive), it is Grade B risk; If the sum of the risk scores is 45-61 (inclusive), it is a C-level risk; If the sum of risk scores is more than 61 points, it is a D-level risk. 12. The food and drug supervision and administration department may adjust the risk level of food producers and operators according to their annual supervision and management records.
Legal basis:
Measures for Risk Classification Management of Food Production and Operation in china food and drug administration (Trial)
Article 2 The term "risk classification management" as mentioned in these Measures means that the food and drug supervision and management department classifies the risk levels of food producers and operators on the basis of risk analysis, combined with their food categories, business formats, production and operation scale, food safety management ability and supervision and management records, and according to risk evaluation indicators, and combined with local supervision resources and supervision ability.
article 3 the food and drug supervision and administration departments shall apply these measures to the graded risk management of food producers and operators. These Measures shall apply to the production and operation of food, such as food production, food sales and catering services, and the production of food additives.
article 4 china food and drug administration is responsible for formulating the risk classification management system of food production and operation, and guiding and inspecting the risk classification management of food production and operation throughout the country. The provincial food and drug supervision and administration department is responsible for formulating the work standard of risk classification management of food production and operation in this province, organizing and implementing the work of risk classification management of food production and operation in this province in combination with the actual situation in this administrative area, and guiding and inspecting the work of risk classification management of food production and operation in this province. Municipal and county food and drug supervision and management departments are responsible for carrying out the specific work of risk classification management of food production and operation in the region.
article 5 the risk classification management of food production and operation shall follow the principles of risk analysis, quantitative evaluation, dynamic management, objectivity and fairness.
article 6 food producers and business operators shall cooperate with the risk classification management of food and drug supervision and management departments, and shall not refuse, evade or hinder them.