Food Safety Law of the People's Republic of China 2015 Latest Food Safety Law Full text (draft)

China Food Science and Technology Network

Food Safety Law of the People 's Republic of China

According to the April 24, 2015 the 12th session of the Standing Committee of the fourteenth meeting of the amendment. The new law to amend the intensity is very large, from the original 104 to 50 to 154. The new law on the eight aspects of the system to be modified to improve the unified authority of the food safety regulatory agencies; clearly establish the most stringent whole process of supervision system, and further emphasis on food production operators and the main responsibility of the regulatory responsibility; Prevention of the main, risk prevention; the implementation of food safety social co-governance, give full play to the media, the majority of consumers in food safety management role; highlight the health food, special medical use formula, infant formula food and other special food supervision ; To strengthen the management of highly toxic and highly toxic pesticides; to strengthen the management of edible agricultural products; the establishment of the most stringent legal liability system.

table of Contents

Chapter 1 General Provisions

Chapter 2 Food Safety Risk Monitoring, Assessment and Communication

Chapter 3 Food Safety Standards

Chapter IV Food Production and Management

Chapter 5 Food Inspection

Chapter 6 Food Import and Export

Chapter 7 Disposal of Food Safety Accident

Chapter VIII Supervision and Management

Chapter IX Legal Liability

Chapter X Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is enacted to ensure food safety, safeguard public health and safety.

Article 2 The following activities shall be carried out in the territory of the People 's Republic of China and shall be governed by this Law:

(A) food production and processing (hereinafter referred to as food production), food distribution and catering services (hereinafter referred to as food business);

(2) the production and operation of food additives;

(3) Production and operation of packaging materials, containers, detergents, disinfectants and foodstuffs and equipment for food production and operation (hereinafter referred to as food related products)

(4) food production operators use food additives, food related products;

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

(Hereinafter referred to as edible agricultural products), and abide by the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products, but otherwise provided for in this Law, it shall abide by the relevant provisions of this Law.

Article 3 The work of food safety supervision and management shall follow the principle of prevention mainly, risk management, full control and social coexistence.

Article 4 A food production and business operator shall be the first person responsible for food safety. He shall be engaged in production and business activities in accordance with laws, regulations and food safety standards, and shall be responsible for the society and the public, ensuring food safety, accepting social supervision and assuming social responsibility.

Article 5 The State Council shall establish a food safety committee whose duties shall be prescribed by the State Council.

The food and drug supervision and administration department of the State Council shall, in accordance with the duties stipulated in this Law and the State Council, assume the comprehensive coordination responsibility for food safety and shall be responsible for the supervision and administration of food production and business activities.

The health administrative department under the State Council shall be responsible for food safety risk assessment and food safety standards in accordance with the duties stipulated in this Law and the State Council.

The quality supervision, inspection and quarantine department under the State Council shall be responsible for the supervision and administration of food production and food import and export activities in accordance with the provisions of this Law and the State Council.

The public security department under the State Council shall, in accordance with the functions stipulated in this Law and the State Council, organize the investigation of cases of food safety crimes.

Other departments of the State Council concerned with food safety work shall perform their corresponding duties in accordance with the provisions of this Law and the relevant provisions of the State Council.

Article 6 The local people's governments at or above the county level shall be responsible for, leading, organizing and coordinating the work of food safety supervision and management in their respective administrative regions, establishing and perfecting the working mechanism for the supervision and administration of food safety, and integrating food safety work into local national economic and social development plans ; To strengthen food safety supervision and management capacity-building, food safety supervision and management work to provide protection; unified leadership, direct marketing of food safety response to work; improve, implement the food safety supervision and management responsibility system, food safety work evaluation, assessment.

The local people's governments at or above the county level shall, in accordance with the provisions of this Law and the State Council, determine the responsibility for food safety supervision and administration of the food and drug supervision and administration, quality supervision, inspection and quarantine, agricultural administrative and administrative departments of health. The relevant departments shall, within their respective areas of responsibility, be responsible for the supervision and administration of food safety in their respective administrative areas.

The departments of the higher level people's government departments in the lower administrative regions shall, in accordance with the unified organization and coordination of the people's governments at the locality, do a good job in food safety supervision and management.

County food and drug supervision and management departments in the township or region to set up food and drug supervision and management agencies.

Township People's Government and the Office of the streets responsible for food safety in the region, organized to carry out food safety investigation, information reporting, to assist in law enforcement and publicity and education work.

Article 7 Food safety supervision and administration departments at or above the county level and other departments concerned with food safety work shall strengthen communication and cooperate closely and exercise their powers and responsibilities in accordance with their respective responsibilities.

Article 8 The food industry association shall strengthen the self-discipline of the industry and guide the food production and operation operators to produce and operate according to law, and promote the construction of the industry integrity, propaganda and popularize the food safety knowledge.

Article 9 The State shall incorporate food safety knowledge into national quality education, popularize food safety laws and regulations, and food safety standards and knowledge, and carry out publicity and public welfare of food safety.

The state encourages social organizations and grassroots mass organizations to carry out food safety laws and regulations and food safety standards and knowledge popularization work, advocate a healthy diet, and enhance consumer awareness and self-protection of food safety.

The news media should carry out public welfare publicity on food safety laws and regulations and food safety standards and knowledge, report objectively and impartially food safety issues, and supervise public opinion on the violation of this Law.

Article 10 The State encourages and supports the development of basic research and applied research related to food safety and encourages and supports the use of advanced technology and advanced management practices for food production operators to improve the level of food safety.

Article 11 Any organization or individual has the right to report the violation of this Law in the food production and operation, and has the right to know the food safety information to the relevant departments and put forward opinions and suggestions on food safety supervision and management.

Chapter 2 Food Safety Risk Monitoring, Assessment and Communication

Article 12 The State shall establish a food safety risk monitoring system to monitor foodborne diseases, food contamination and harmful factors in food.

The State Council health administrative departments in conjunction with the State Council food and drug supervision and management departments to develop and implement the national food safety risk monitoring plan. The administrative departments of health of the provinces, autonomous regions and municipalities directly under the Central Government shall, in conjunction with the departments of food and drug supervision and management at the same level, organize and implement the food safety risk monitoring programs in their respective administrative areas in accordance with the national food safety risk monitoring plan and the specific circumstances of their respective administrative regions.

Article 13 The food safety supervision and administration department under the State Council shall immediately inform the health administrative department of the State Council of the information on food safety risk information. The State Council health administrative departments in conjunction with the relevant departments to verify the information necessary, should be timely adjustment of food safety risk monitoring plan.

Article 14 The State shall establish a food safety risk assessment system to assess the risks 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 the organization of food safety risk assessment work, the establishment of food, agriculture, food, food, nutrition and other experts in the food safety risk assessment expert committee for food safety risk assessment.

Safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives should be attended by experts from the Expert Committee on Food Safety Risk Assessment.

Food safety risk assessment should be conducted using scientific methods, based on food safety risk monitoring information, scientific data and other relevant information.

Article 15 The health administrative department under the State Council shall, in case of food safety risk monitoring or report, discover that food, food additives and food related products may have hidden safety risks, and shall promptly communicate with the food safety supervision and administration department under the State Council. For the need for risk assessment, the State Council health administrative departments should immediately organize food safety risk assessment.

Article 16 The food safety supervision and administration department under the State Council shall submit to the health administrative department of the State Council the recommendations on food safety risk assessment and provide relevant information and information.

The health administrative department under the State Council shall promptly inform the relevant departments of the State Council of the results of the food safety risk assessment.

Article 17 The results of the food safety risk assessment shall be the scientific basis for the formulation and revision of food safety standards and the supervision and administration of food safety.

Food safety risk assessment results of food, food additives, food-related products unsafe conclusion, the State Council food safety supervision and management departments should be based on their respective responsibilities immediately take appropriate measures to order the production operators to stop production and management, and inform consumers to stop eating or Use; the need to develop and revise the relevant national standards for food safety, the State Council health administrative departments should immediately develop and revise.

Article 18 The Food and Drug Administration of the State Council shall promptly put forward food safety risk warnings and publish the food safety risk assessment results and food safety supervision and management information indicating that food that may have a high degree of safety risk shall be promptly put forward.

The food and drug supervision and administration department of the State Council shall, in conjunction with the relevant departments under the State Council, conduct a comprehensive analysis of the food safety situation according to the food safety risk assessment results and the food safety supervision and management information.

Article 19 The State shall establish a food safety risk exchange system. Food safety supervision and management departments, food safety risk assessment agencies in accordance with scientific, objective, timely and open principles, organizations to carry out food safety risk exchange.

Chapter 3 Food Safety Standards

Article 20 The development of food safety standards shall be scientific and reasonable, open and transparent, safe and reliable for the purpose of safeguarding public health.

Article 21 Food safety standards are mandatory standards. In addition to food safety standards, no other food mandatory standards.

Article 22 The food safety standards shall include the following:

(A) Food, food additives, pathogenic microorganisms in food-related products, pesticide residues, veterinary drug residues, heavy metals, biological toxins, contaminants, radioactive substances and other hazardous substances that limit human health;

(2) the variety of food additives, the use of, the amount;

(C) Nutritional requirements for primary and secondary foods for infants and other specific populations;

(4) the requirements for labeling, labeling and brochures related to food safety and nutrition;

(V) quality requirements related to food safety;

(6) food inspection methods and procedures;

(7) other needs to develop content for food safety standards.

Article 23 The national standard for food safety shall be formulated and promulgated by the administrative department of public health of the State Council. The State Council standardized administrative department shall provide the national standard number.

The pesticide residues in food, the limits of veterinary drug residues and their inspection methods and procedures by the State Council health administrative departments, the State Council agricultural administrative departments to develop.

The procedures for the inspection of slaughtered animals and poultry shall be formulated by the administrative department of agriculture of the State Council in conjunction with the administrative department of public health under the State Council.

If the national standard of the product concerned with the contents of the national standard for food safety, it shall be consistent with the national standard for food safety.

Article 24 The administrative department of public health under the State Council shall integrate the standards for the implementation of the existing standards for quality and safety of edible agricultural products, food hygiene standards, food quality standards and industry standards for foodstuffs, and publish it uniformly as a national standard for food safety.

Before the promulgation of the national standards for food safety prescribed by this Law, food production operators shall produce and manage food according to the current standards of food and agricultural products safety standards, food hygiene standards, food quality standards and the relevant food industry standards.

Article 25 The national standards for food safety shall be examined and approved by the National Standards Review Committee for Food Safety. The National Standards Review Committee for Food Safety is composed of experts from the fields of medicine, agriculture, food, food and nutrition, as well as representatives of relevant departments of the State Council, food industry associations and consumer associations.

To develop national standards for food safety, it should be based on the results of food safety risk assessment and give full consideration to the results of food and agricultural quality and safety risk assessment, with reference to the relevant international standards and international food safety risk assessment results, and widely listen to food producers and consumers.

Article 26 Where there is no national standard for food safety, local standards for food safety may be formulated.

The administrative departments of public health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate local standards for food safety and shall submit them to the health administrative departments under the State Council for reference with the provisions on the implementation of the national standards for food safety in this Law. The health administrative department of the State Council shall promptly publish it.

Article 27 Where a food produced by an enterprise does not have a national standard or local standard for food safety, the enterprise standard shall be formulated as the basis for the production of the organization. The state encourages food production enterprises to develop enterprise standards that are strict with national standards or local standards for food safety. Enterprise standards should be reported to the provincial health administrative departments for the record, within the enterprise applicable. Provincial health administrative departments should be released in a timely manner.

Article 28 Food safety standards shall be made available to the public free of charge.

Chapter IV Food Production and Management

Article 29 Food production and operation shall conform to the food safety standards and food production and operation and management standards and meet the following requirements:

(1) To maintain the cleanliness and hygiene of the site and to maintain the required distance from toxic and harmful places and other sources of pollution, in accordance with the food and beverage processing and food processing, packaging and storage of the foodstuffs,

(2) It has the production and operation equipment or facilities corresponding to the production and operation of food varieties, and has corresponding disinfection, dressing, toilet, lighting, lighting, ventilation, anti-corrosion, dustproof, anti-fly, anti-rat, pest control and washing As well as equipment or facilities for the treatment of waste water, storage of waste and waste;

(3) having food safety professional and technical personnel, management personnel and rules and regulations to ensure food safety;

(D) has a reasonable equipment layout and process to prevent the food to be processed and direct access to food, raw materials and finished cross-contamination, to avoid contact with food poisonous,

(5) utensils, drinking utensils and containers containing direct imported food, should be washed before use, disinfection, cooking utensils, utensils should be washed after use, keep clean;

(6) Containers, tools and equipment for the storage, transport and handling of food shall be safe, harmless, clean and prevent food contamination, and meet the special requirements for ensuring the safety of foodstuffs, and shall not be accompanied by food and toxic and harmful items transport;

(7) direct access to the food should be a small package or the use of non-toxic, clean packaging materials, tableware;

(8) Food production and management personnel shall keep their hygiene and produce and manage the food. They shall wash their hands and wear clean work clothes and caps. When selling direct imported food without packaging, they shall use non-toxic and clean sales tools ;

(9) water should meet the national standard of drinking water health standards;

(10) the use of detergents, disinfectants should be safe and harmless to the human body;

(11) Other requirements as prescribed by laws and regulations.

Food production and management norms by the State Council food and drug supervision and management departments to develop.

Article 30 Prohibited food production and business activities in the following acts:

(A) with non-food raw materials production