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Food Safety Law of the People's Republic of China (2021 Amendment)

Chapter 1 General Provisions Article 1 This law is enacted in order to ensure food safety and protect public health and life safety. Article 2 The following activities within the territory of the People’s Republic of China shall abide by 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) Production and business of food additives;

(3) Packaging materials, containers, detergents, disinfectants and products used in food production and business Production and operation of tools and equipment (hereinafter referred to as food-related products);

(4) Food producers and traders use food additives and food-related products;

(5) Storage of food and transportation;

(6) Safety management of food, food additives, and food-related products.

The quality and safety management of primary agricultural products for consumption (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Agricultural Products Quality and Safety Law of the People's Republic of China. However, the market sales 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 should focus on prevention, risk management, full-process control, and social governance, and establish a scientific and strict supervision and management system. Article 4 Food producers and traders are responsible for the safety of the food they produce and trade.

Food producers and operators shall engage in production and operation activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to society and the public, accept social supervision, and assume social responsibilities. Article 5 The State Council shall establish a Food Safety Committee, and its responsibilities shall be prescribed by the State Council.

The food safety supervision and administration department of the State Council shall supervise and manage food production and operation activities in accordance with this Law and the responsibilities specified by the State Council.

The health administrative department of the State Council shall organize and carry out food safety risk monitoring and risk assessment in accordance with this Law and the responsibilities specified by the State Council, and shall formulate and publish national food safety standards in conjunction with the food safety supervision and administration department of the State Council.

Other relevant departments of the State Council shall be responsible for relevant food safety work in accordance with this Law and the responsibilities prescribed by the State Council. Article 6 The local people's governments at or above the county level shall be responsible for the food safety supervision and management work in their respective administrative regions, and shall uniformly lead, organize, and coordinate the food safety supervision and management work and food safety emergency response work in their respective administrative regions, and establish and improve food safety supervision throughout the entire process. Management working mechanism and information sharing mechanism.

Local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the responsibilities of the food safety supervision and management, health administrative departments and other relevant departments at the same level. Relevant departments are responsible for the food safety supervision and management within their respective administrative areas within their respective scope of duties.

The food safety supervision and administration department of the people's government at the county level may set up dispatch offices in towns or specific areas. Article 7 Local people's governments at or above the county level implement a food safety supervision and management responsibility system. The people's government at the higher level is responsible for evaluating and assessing the food safety supervision and management work of the people's government at the lower level. Local people's governments at or above the county level are responsible for evaluating and assessing the food safety supervision and management work of the food safety supervision and management departments at the same level and other relevant departments. Article 8 People's governments at or above the county level shall incorporate food safety work into the national economic and social development plan at the same level, include food safety work funds in the fiscal budget of the government at the same level, strengthen food safety supervision and management capacity building, and provide guarantee for food safety work. .

The food safety supervision and administration departments and other relevant departments of the people's governments at or above the county level should strengthen communication and close cooperation, exercise their powers and assume responsibilities in accordance with the law according to their respective division of responsibilities. Article 9 The food industry association shall strengthen industry self-discipline, establish and improve industry norms and reward and punishment mechanisms in accordance with the charter, provide food safety information, technology and other services, guide and urge food producers and operators to produce and operate in accordance with the law, promote the construction of industry integrity, publicize and popularize food Safety knowledge.

Consumers associations and other consumer organizations shall conduct social supervision in accordance with the law against behaviors that violate the provisions of this law and harm the legitimate rights and interests of consumers.

Article 10 People's governments at all levels shall strengthen publicity and education on food safety, popularize food safety knowledge, and encourage social organizations, grassroots autonomous organizations, and food producers and operators to carry out popularization of food safety laws, regulations, and food safety standards and knowledge. Promote healthy eating patterns and enhance consumers’ food safety awareness and self-protection capabilities.

News media should carry out publicity of food safety laws, regulations, food safety standards and knowledge, and conduct public opinion supervision of food safety violations. Publicity reports on food safety should be true and fair. Article 11 The state encourages and supports basic research and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technologies and advanced management practices to improve food safety levels.

The state implements a strict management system for the use of pesticides, accelerates the elimination of highly toxic, highly toxic, and high-residue pesticides, promotes the development and application of alternative products, and encourages the use of efficient, low-toxic, and low-residue pesticides. Article 12 Any organization or individual has the right to report food safety violations, obtain food safety information from relevant departments in accordance with the law, and provide opinions and suggestions on food safety supervision and management.