Here is what the new Food Safety Law says: Article 1 This Law is enacted to ensure food safety and to safeguard the public's health and safety of life. Article 2 The following activities within the territory of the People's Republic of China shall comply with this Law: (1) food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food business); (2) the production and operation of food additives; (3) packaging materials, containers, detergents, sanitizers used for food, as well as tools and equipment used for food production and operation (hereinafter referred to as food-related products) production and operation; (4) the production and operation of food additives; and (5) the production and operation of food safety products. (c) production and operation of packaging materials, containers, detergents, sanitizers and tools and equipment used in food production and operation (hereinafter referred to as food-related products); (d) use of food additives and food-related products by food producers and operators; (e) storage and transportation of food; and (f) safety management of food, food additives and food-related products. The quality and safety management of primary products originating from agriculture (hereinafter referred to as edible agricultural products) for consumption shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the market sale of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this Law on agricultural inputs shall comply with the provisions of this Law. Article 3 Food safety work to implement prevention-oriented, risk management, the whole process of control, social **** governance, the establishment of scientific and strict supervision and management system. Article 4 food production and operation of their production and management of food safety is responsible. Food production and operation shall be in accordance with the laws, regulations and food safety standards to engage in production and operation activities, to ensure food safety, integrity and self-discipline, social and public accountability, accept social supervision, social responsibility. Article 5 The State Council establishes a food safety committee, whose duties are prescribed by the State Council. Food and Drug Administration under the State Council in accordance with the provisions of this Law and the State Council's responsibilities for the supervision and management of food production and business activities. The health administrative department of the State Council, in accordance with this Law and the State Council's responsibilities, organize and carry out food safety risk monitoring and risk assessment, in conjunction with the food and drug administration department of the State Council to develop and publish national standards for food safety. Other relevant departments of the State Council in accordance with this Law and the State Council's responsibilities, to undertake work related to food safety. Article 6 The local people's governments at or above the county level are responsible for the supervision and management of food safety in their administrative areas, unified leadership, organization and coordination of food safety supervision and management of food safety and response to food safety emergencies in their administrative areas, and to establish and improve the supervision and management of the whole process of food safety and the mechanism of information **** enjoyment. Local people's governments at or above the county level, in accordance with the provisions of this Law and the State Council, to determine the responsibilities of the food and drug supervision and management, health administration and other relevant departments at this level. Relevant departments in their respective areas of responsibility for the supervision and management of food safety in their administrative areas. The food and drug supervision and management department of the people's government at the county level may set up dispatching organizations in townships or specific areas. Article 7 The local people's governments at or above the county level implement the food safety supervision and management responsibility system. The people's government at the higher level is responsible for the food safety supervision and management work of the people's government at the next level for evaluation and assessment. Local people's governments at or above the county level are responsible for the food and drug supervision and management departments and other relevant departments of food safety supervision and management work for evaluation and assessment. Article 8 The people's governments at or above the county level shall incorporate food safety work into the national economic and social development planning at the local level, include food safety work expenses in the budget of the government at the local level, strengthen the supervision and management of food safety capacity building, and provide safeguards for food safety work. Food and drug supervision and management departments of the people's governments at or above the county level and other relevant departments should strengthen communication, close cooperation, in accordance with their respective division of responsibilities, the exercise of powers and responsibilities in accordance with the law. Article IX food industry associations should strengthen industry self-discipline, in accordance with the statute to establish and improve industry norms and reward and punishment mechanism, to provide food safety information, technology and other services to guide and supervise food production and operation in accordance with the law, to promote the integrity of the industry, publicity, popularization of food safety knowledge. Consumer associations and other consumer organizations in violation of the provisions of this Law, harming the legitimate rights and interests of consumers, social supervision in accordance with the law. Article 10 The people's governments at all levels shall strengthen publicity and education on food safety, popularize food safety knowledge, and encourage social organizations, grass-roots mass self-government organizations, food production and operation of food safety laws and regulations, as well as the popularization of food safety standards and knowledge, and to advocate a healthy way of eating and enhance consumer awareness of food safety and self-protection capabilities. News media should carry out food safety laws, regulations and food safety standards and knowledge of public welfare propaganda, and food safety violations of public opinion supervision. Publicity and reporting on food safety should be true and fair. Article XI of the State to encourage and support the development of food safety-related basic research, applied research, to encourage and support food production and operation to improve food safety by adopting advanced technology and advanced management practices. The state implements a strict management system for the use of pesticides, accelerate the elimination of highly toxic, highly toxic, high-residue pesticides, promote the research and development and application of alternative products, and encourage the use of highly efficient low-toxicity and low-residue pesticides. Article 12 Any organization or individual has the right to report food safety violations, according to law to the relevant departments to understand food safety information, food safety supervision and management work to put forward comments and suggestions. Article XIII of the food safety work to make outstanding contributions to the units and individuals, in accordance with the relevant provisions of the state to give recognition and reward. Chapter II Food Safety Risk Monitoring and Assessment Article 14 The State establishes a food safety risk monitoring system to monitor food-borne diseases, food contamination and harmful factors in food. The health administrative department of the State Council, in conjunction with the food and drug supervision and management, quality supervision and other departments of the State Council, to formulate and implement the national food safety risk monitoring program. The food and drug supervision and management department under the State Council and other relevant departments shall immediately verify and notify the health administrative department under the State Council of any food safety risk information they are informed of. Notification of the relevant departments of food safety risk information and medical institutions reported food-borne diseases and other relevant 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, the health administrative department in conjunction with the same level of food and drug supervision and management, quality supervision 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 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 report monitoring data and analysis results.
Legal Objective:The full text of the new 2016 network food safety regulations stipulates that in order to implement the Food Safety Law, regulate the behavior of network food transactions, and ensure network food safety, on July 13, 2016, Bi Jingquan, director of the State Food and Drug Administration, signed Decree No. 27, "Measures for Investigation and Handling of Network Food Safety Violations" (hereinafter referred to as the "Measures"). The Measures came into effect on October 1, 2016 . Specific contents include: (a) strengthening the obligations of platforms and online food production operators. The Measures clarify the obligations of third-party platform providers for online food transactions and food production operators trading through their own websites to record, safeguard the reliability and security of data and information on online food transactions, as well as record-keeping of transaction information. Provides for network food trading third-party platform providers to establish registration and review the system, the establishment of the network of food production operators files, inspection of business practices, and found that the network of food production operators to stop providing platform services and other obligations in case of serious violations. (ii) Refine the specific circumstances of serious violations. Measures" clear network food trading third-party platform provider found in the network of food production operators suspected of food safety crimes were investigated or prosecuted, food safety crimes by the people's court sentenced to imprisonment, because of food safety violations were detained by the public security organs or given other public security management penalties, the food and drug supervision and management department made in accordance with the law to revoke licenses, ordered to shut down production, etc. Penalties should stop providing network trading platform services to them. (III) Clarify the jurisdiction of illegal behavior. The Measures stipulate that the investigation and handling of food safety violations by third-party platform providers of network food trading shall be under the jurisdiction of the local food and drug supervision and administration department at or above the county level where the platform provider is located; and the investigation and handling of online food production operators shall be under the jurisdiction of the local food and drug supervision and administration department at or above the county level where the online food production operators are located or where the production and operation sites are located. Food safety accidents or other serious harmful consequences caused by network food transactions can also be by the network food safety violations occurring or the result of violations of local food and drug supervision and management departments above the county level. Consumer complaints due to network food safety violations reported by the network food trading third-party platform provider location, the location of the network food production operators or production and operation of the location of the local food and drug supervision and management departments at or above the county level. (D) to strengthen the investigation and handling responsibilities. Measures" stipulates that the food and drug supervision and management departments, the network food safety violations of investigation and handling, you can enter the party network food trading place to implement on-site inspection; check