(the chairman made the 9th release on Feburary 28, 2009 the chairman made the 21st edit on April 24, 2015 the chairman made the ground on December 29, 2018 the 22nd is amended)
Catalog
General principles of the first chapter
Risk of safety of provision of the 2nd section is monitored and evaluate
Standard of safety of provision of the 3rd section
Production of food of the 4th section is managed
The first sets commonly
The 2nd production manages a process to control
The 3rd label, manual and advertisement
The 4th special provision
Provision of the 5th section examines
Imports and exports of food of the 6th section
Accident of safety of provision of the 7th section deals with
The 8th chapter controls government
Responsibility of law of the 9th art of composition
Supplementary articles of the 10th chapter
General principles of the first chapter
The first to make sure provision is safe, safeguard community is healthy with life safety, make this way.
The 2nd undertakes following activity in churchyard of People's Republic of China, ought to observe this standard:
(one) food is produced and machine (call food production below) , food sale and meal service (say food is managed below) ;
(2) the production of additive agent for food is managed;
(3) the packing data that is used at food, container, scour, disinfectant and the tool that are used at food production to manage, equipment (call food relevant product below) production is managed;
(4) use additive agent for food of food production operator, provision is relevant product;
(5) the keep in storage of food and carry;
(6) to food, additive agent for food, food the safety of relevant product manages.
Offer edible result from agricultural raw product (call edible produce below) quality safety manages, abide by " law of safety of quality of produce of People's Republic of China " regulation. But, of standard of safety of the market sale of edible produce, concerned quality make, concern safe information announce and this law is devoted to agriculture taste those who make a provision, ought to abide by the regulation of this law.
Work of safety of the 3rd food executes precaution to give priority to, control of risk management, whole journey, society is treated in all, build science, rigid supervisory management system.
The safety that the 4th food produces operator to produce management food to its is responsible.
Food produces operator ought to according to law, code and food safety standard are engaged in manufacturing management activity, make sure provision is safe, sincere letter controls oneself, responsible to society and public, accept a society to supervise, assume social responsibility.
The 5th the State Council establishs food safety committee, its duty is set by the State Council.
Safety of food of the State Council supervises the duty that this law and the State Council set management department according to, to food production management activity carries out supervisory management.
The duty that this law and the State Council set according to of service of sanitation of the State Council, the organization begins food safety risk to monitor zephyr danger to evaluate, jointly with safety of food of the State Council supervisory management department is made and announce level of food safety state.
The State Council is other the duty that about sectional according to this law and the State Council set, assume concerned food safety to work.
Government of people of place of above of class of the 6th county is right the food safety of area of politics of one's own profession supervises administrative job to be in charge of, the unified leader, organization, food safety that coordinates area of politics of one's own profession supervises administrative job and food safety to break out incident to answer the job, build whole journey of wholesome food safety to supervise administrative job mechanism and information to share a mechanism.
According to of government of people of place of prefectural class above the regulation of this law and the State Council, decide this class food safety supervises management, wholesome service and the duty of other concerned department. The food safety that is in charge of area of politics of one's own profession inside respective duty limits about the branch supervises management to work.
Safe supervisory management department can be in food of government of prefectural class people villages and towns or location creates agency.
Government of people of place of above of class of the 7th county executes food safety to supervise administrative system of job responsibility. Ranking people government is in charge of the food safety of governments of pair of people of below one class supervising administrative job to have appraise sth through discussion, assessment. Government of people of place of prefectural class above is in charge of safe to this class food supervisory management department and the food safety of other concerned department supervising administrative job to have appraise sth through discussion, assessment.
Government of people of above of class of the 8th county ought to work food safety bring into this class countryman program of economy and social development, food security working funds includes this class government finance the budget, strengthen food safety to supervise administrative ability construction, for food safety the job provides safeguard.
Supervisory management department of safety of food of government of people of prefectural class above and other concerned department ought to be strengthened communicate, cooperate closely, divide the work according to respective duty, lawfully exercise powers and authorities of office, assume responsibility.
Guild of the 9th food ought to strengthen an industry to control oneself, establish perfect industry standard and mechanism of rewards and punishment according to constitution, provide the service such as food security information, technology, guide and supervise and urge food production operator is produced lawfully manage, promote a trade sincere letter construction, conduct propaganda, popularize food safety knowledge.
Consumer society and other customer organization are decided to violating this statute, damage consumer to join the action of right beneficial, undertake the society is supervised lawfully.
Government of the 10th various people ought to strengthen the conduct propaganda of food safety to teach, popularize food to bring all-knowing knowledge, encourage organization of autonomy of of a mass character of organism, basic level, food to produce operator to begin food safety of law, code and food safety standard and knowledge popularize the job, propose healthy dietary way, enhance consciousness of consumer food safety and ego protection ability.
News media ought to begin the commonweal conduct propaganda of food safety law, code and food safety standard and knowledge, safe to food illegal behavior undertakes public opinion is supervised. The propagandist report of concerned food safety should take seriously solid, justice.
Eleventh the country is encouraged and support begins research of the basic research that concerns with food safety, application, encourage and support food to produce operator to use advanced technique and advanced management standard to raise food safety level.
The country implements rigid administrative system to the use of pesticide, accelerate wash out pesticide of virulent, tall poison, tall remain, drive the research and development that replaces a product and application, encourage use agriculture chemical of efficient low poisonous low remain.
Dozenth an any organizations or the individual has authority to inform against food safety to violate act, know food security information to concerned branch lawfully, job of safe to food supervisory management offers opinion and proposal.
Thirteenth the unit that makes outstanding contribution to be in food safety work and individual, according to the country concerned regulation gives commend, award.
Risk of safety of provision of the 2nd section is monitored and evaluate
The 14th country builds food safety risk to monitor a system, to eating source sex disease, food the harmful element in pollution and food undertakes monitoring.
Service of sanitation of the State Council supervises the department such as management jointly with safety of food of the State Council, make, risk of safety of executive state food monitors a plan.
After supervisory management department of safety of food of the State Council learns information of risk of concerned food safety with other concerned department, ought to be checked instantly and report to service of sanitation of the State Council. The concerned disease information such as information of safe to the provision that reports about the branch risk and the disease of the sex that feed a cause that medical establishment reports, service of sanitation of the State Council ought to analyse research about the branch jointly with the State Council, think necessary, adjust risk of national food safety in time to monitor a plan.
Service of sanitation of government of people of province, municipality, municipality directly under the Central Government supervises the department such as management jointly with safety of the food that be the same as class, according to national food safety the risk monitors a plan, join the particular case of area of politics of one's own profession, make, the food safety risk that adjusts area of politics of one's own profession monitors program, sign up for sanitation of the State Council to service puts on record and be carried out.
The 15th technology orgnaization that assumes food safety risk to monitor the work ought to be monitored according to food safety risk the plan begins the work that monitor with the plan that monitor, make sure the data that monitor is true, accurate, monitor plan and the requirement newspaper of the plan that monitor to send the data that monitor and analysis the result according to food safety risk.
The staff member of food safety risk that monitor has authority to enter relevant edible produce to cultivate breed, food production manages a place to collect sample, collect relevant data. Collect sample to ought to pay fee according to market price case.
The result of risk of safety of the 16th food that monitor shows the likelihood exists of food safety hidden danger, service of sanitation of government of people of prefectural class above ought to be the same as relevant Information Circular in time class food safety to supervise the department such as management, report this class people government and ranking people government are wholesome service. The branch such as safe supervisory management ought to organize food launch further investigation.
The seventeenth country builds food safety risk to evaluate a system, use scientific method, according to food safety the risk monitors information, science data and concerned information, sex of the biology in relevant product, chemical to food, additive agent for food, food sex and element of physical sex harm undertake the risk is evaluated.
Service of sanitation of the State Council is in charge of organizing food safety risk to evaluate the work, the risk evaluates the food safety that holds water to be comprised by the expert of the respect such as medicine, agriculture, food, nutrition, biology, environment the committee of experts has food security the risk is evaluated. Food safety risk evaluates a result to be announced by service of sanitation of the State Council.
The security that waits to drug of pesticide, fertilizer, animal, feed and feed additive is evaluated, the expert that ought to food safety risk evaluates a committee of experts attends.
Safe risk evaluates food to be not gotten to charge of manufacturing operator collection, collect sample to ought to pay fee according to market price case.
The 18th has one of following state, ought to undertake food safety risk evaluates:
(one) inform against discovery through food safety risk is monitored or be being received the product may exist related food, additive agent for food, food of safe hidden trouble;
(2) to make or edit level of food safety state offers scientific basis to need to undertake the risk is evaluated;
(3) breed of the key domain that is affirmatory supervisory management, key needs to undertake the risk is evaluated;
(4) discover new likelihood endangers food safety factor;
(5) need judges some element to whether make food safety hidden trouble;
(6) the other state that service of sanitation of the State Council thinks to need to undertake the risk is evaluated.
The branch such as administration of supervisory administration of safety of food of the 19th the State Council, agriculture is supervising the discovery in supervising the work to need what the risk evaluates to have food security, ought to offer the proposal that food safety risk evaluates to service of sanitation of the State Council, offer a risk origin, relevant examine the information such as data and conclusion, data. Belong to what Benfadi sets condition 18 times, service of sanitation of the State Council ought to undertake food safety risk is evaluated in time, evaluate a result about sectional bulletin to the State Council.
Service of administration of sanitation of government of people of the 20th provincial above, agriculture ought to report safety of produce of food, edible in time each other the risk monitors information.
Service of administration of sanitation of the State Council, agriculture ought to report risk of safety of produce of food, edible in time to evaluate the information such as the result each other.
Risk of safety of the 21st food evaluates a result is to make, edit the scientific basis that food safety standard and executive food safety control government.
Via food safety the risk is evaluated, reach the product is insecure related food, additive agent for food, food of conclusion, safety of food of the State Council supervises the department such as management ought to according to respective duty instantly to social announcement, inform consumer to stop edible to perhaps be used, take corresponding step, ensure the product stops production to manage related this food, additive agent for food, food; Need is made, edit of level of state of relevant food safety, service of sanitation of the State Council ought to supervise management department to be made instantly jointly with safety of food of the State Council, edit.
Safety of food of the 22nd the State Council supervises management department to ought to concern a section jointly with the State Council, according to food safety the risk evaluates safety of result, food to control administrative information, safe to food state undertakes integration analysis. Have the food of risk of higher rate safety to indicating a possibility via integration analysis, safety of food of the State Council supervises management department to ought to offer caution of food safety risk in time, announce to the society.
Supervisory management department of safety of food of government of people of above of class of the 23rd county and risk of safety of other concerned department, food evaluate orgnaization of committee of experts and its technology, ought to according to science, objective, seasonable, open principle, society of guild of orgnaization of inspection agency of operator of constituent food production, food, attestation, food, consumer and news media, with respect to food safety the risk evaluates information and food safety to supervise administrative information to undertake communicating communication.
Standard of safety of provision of the 3rd section
The 24th establishs food safety standard, ought to in order to ensure the public healthy for the tenet, accomplish scientific and reasonable, on the safe side.
Standard of safety of the 25th food is the standard that implements compulsively. Outside eliminating food safety level, must not establish other provision mandatory standard.
Standard of safety of the 26th food ought to include following content:
(one) the sex causing disease in the product is microbial related food, additive agent for food, food, the set limit to of material of health of the pollutant such as toxin of pesticide remain, animal drug remain, biology, heavy metal and other harm human body sets;
(2) the breed of additive agent for food, scope of application, dosage;
(3) offer infant and other and specific crowd only advocate the nutrient composition requirement of complementary food;
(4) the requirement of the label that safe to waiting for food with wholesome, nutrition requirement concerns, mark, manual;
(5) the wholesome demand that food produces management course;
(6) the quality requirement that concerns with food safety;
(7) the law of food check proved recipe that concerns with food safety and regulations;
(8) other need makes the content that is food safety standard.
Level of state of safety of the 27th food supervises management department to make jointly with safety of food of the State Council by service of sanitation of the State Council, announce, the State Council standardizes service to provide national level number.
Law of proved recipe of the regulation of set limit to of remain of medicine of food middle peasant, animal drug remain and its check and regulations supervise management department to make jointly with safety of food of the State Council by service of service of sanitation of the State Council, agriculture of the State Council.
The test gauge Cheng of butcher cultivate, birds is made jointly with service of sanitation of the State Council by service of agriculture of the State Council.
The 28th makes food bring countrywide home level, ought to evaluate a result according to food safety risk and risk of safety of mature edible produce evaluates a result, join risk of safety of the international standard that takes a picture to close and international food to evaluate a result, bring food whole country draft standard to be announced to the society, listen to food extensively to produce the opinion of the respect such as operator, consumer, concerned branch.
The careful of level of food safety state that level of food safety state ought to organize via service of sanitation of the State Council judges committee to examine through. The delegate of society of guild of concerned branch of the expert that careful of level of food safety state judges committee to wait for a respect by medicine, agriculture, food, nutrition, biology, environment and the State Council, food, consumer is comprised, the scientific sex of draft standard of safe to food country and practical etc undertake checkup.
The 29th is opposite local characteristic food, of level of safe without food state, service of sanitation of government of people of province, municipality, municipality directly under the Central Government can be made and announce standard of food safety place, service of sanitation of newspaper the State Council puts on record. After food installs countrywide home metric system to decide, this place standard abolishs all right namely.
Thirtieth the country encourages food to produce an enterprise to make father to bring countrywide home level at food or the industry standard of local standard, be in this enterprise applicable, sign up for service of sanitation of government of people of province, municipality, municipality directly under the Central Government to put on record.
Service of sanitation of government of people of a provincial above ought to be in thirtieth the food safety that make and puts on record is promulgated on its website national level, place standard and industry standard, consult freely for the public, download.
Safe to food level carries out the problem in the process, service of sanitation of government of people of prefectural class above ought to offer guidance in time jointly with concerned branch, solve.
Thirtieth service of sanitation of government of people of 2 provincial above ought to supervise the management, department such as agricultural administration jointly with safety of the food that be the same as class, the executive case that brings countrywide home standard and local level to food respectively undertakes dogging evaluating, edit in time according to evaluating a result food safety standard.
The branch such as administration of supervisory administration of safety of food of government of provincial above people, agriculture ought to is opposite food safety standard is carried out in the problem of existence undertakes collection, collect, report in time to service of the sanitation that be the same as class.
Guild of food production operator, food discovers food safety standard is in what the problem exists in carrying out, ought to report to wholesome service instantly.
Production of food of the 4th section is managed
The first sets commonly
3 food production manages thirtieth ought to accord with food safety standard, accord with following requirement:
(one) the food material handling that has photograph of the food variety that runs with production, amount to suit and food treatment, pack, the place such as keep in storage, maintain this place environment neat, maintain formulary distance with poisonous, evil place and other pollution source;
(2) the production that has photograph of the food variety that runs with production, amount to suit manages facility or establishment, have corresponding disinfection, change clothes, wash one's hands and face, daylighting, illume, ventilated, anticorrosive, dustproof, prevent fly, prevent the rat, insect-resistant, catharsis and processing liquid waste, facility that deposits rubbish and litter or establishment;
(3) administrator of safety of the personnel of technology of food safety major that full-time perhaps holds two or more posts concurrently, food and the regulations institution that assure food safety;
(4) have equitable facilities distribution and technological process, prevent to wait for treatment food and immediate entry food, raw material and pollution of finished product across, avoid food to contact toxicant, feculent content;
(5) tableware, drink is provided and fill the recipient that puts immediate entry food, before using ought to abluent, disinfection, after cooking utensils, appliance is used ought to abluent, keep clean;
(6) keep in storage, carry and assemble and unassemble the container of food, tool and equipment ought to safe, harmless, keep clean, prevent food pollution, accord with the special requirement such as the temperature that makes sure food safety needs, humidity, must not food and poisonous, harmful article together keep in storage, carry;
(7) the packing data that the food of immediate entry ought to use avirulent, cleanness, tableware, drink is provided and container;
(8) food production management staff ought to maintain individual sanitation, when production runs food, ought to the hand abluent, apparel clean working garment, cap; When the sale does not have the immediate entry food that pack, ought to use tool of avirulent, clean container, sell goods and device;
(9) the standard of sanitation of life drinking water that ought to accord with a country to set with water;
(10) use scour, disinfectant ought to is opposite human body safety, harmless;
(11) the other requirement that law, code sets.
Operator of blame food production is engaged in food store, carry and assemble and unassemble, the money before ought to be being accorded with the 6th regulation.
Thirtieth prohibits 4 times producing run following food, additive agent for food, food relevant product:
(one) the provision that perhaps adds the chemical material beyond additive agent for food and other possibility to endanger material of human body health with the food that is not production of food raw material, perhaps use reclaim the food that food produces as raw material;
(2) the sex that cause disease is microbial, the food that the corporeal content of health of the pollutant such as toxin of pesticide remain, animal drug remain, biology, heavy metal and other harm human body exceeds set limit to of food safety standard, additive agent for food, provision is relevant product;
(3) the food that produces with the food raw material that exceeds the expiration period, additive agent for food, additive agent for food;
(4) exceed the limits, food that exceeds set limit to to use additive agent for food;
(5) battalion nurturance divides what do not accord with food safety standard to offer infant and other and specific crowd only advocate complementary food;
(6) acid of putrefaction, grease is defeated, mildew becomes foul and unripe bug, feculent, mix have eyewinker, adulterate adulteration or the provision with organic unusual character, additive agent for food;
(7) die in one's bed, kill with poison or flesh of animal of the birds with unidentified cause of death, cultivate, animal, aquatic product kind reach its goods;
(8) did not undertake quarantine by the regulation or the flesh with unqualified quarantine kind, perhaps perhaps examine without examining unqualified flesh kind goods;
(9) the food of the pollution such as the material that be packed, container, carriage tool, additive agent for food;
(10) the food that tags false birth date, expiration period to perhaps exceed the expiration period, additive agent for food;
(11) do not have label pack food, additive agent for food beforehand;
(12) the food that the country runs to prevent the special need public proclamation such as disease to prohibit producing;
(13) other not be good law, code or the food of food safety standard, additive agent for food, provision is relevant product.
5 countries are opposite thirtieth food production is managed implement permissive system. Be engaged in service of sale of food production, food, meal, ought to obtain a license lawfully. But, sell edible produce, do not need to obtain a license.
Safety of food of government of people of place of prefectural class above supervises management department ought to according to " administration of People's Republic of China allows a law " regulation, the Benfadi that applicant of examine and verify refers 33 the first relevant data that the paragraph asks the first times to the 4th regulation, manage a place to undertake the spot is checked to the applicant's production when necessary; To according with rated condition, allow license; To according with rated condition, do not grant to permit reason of written specification.
6 food production machines thirtieth small mill and food faker be engaged in food manufacturing management activity, the food safety that ought to accord with what this code decides to produce photograph of operation, condition to suit with its asks, the food sanitation that makes sure place production is managed, avirulent, harmless, food safety supervises management department to ought to strengthen supervisory management to its.
Government of people of place of prefectural class above ought to machine faker of small mill, food to wait to food production undertake be administeringed integratedly, strengthen service and unified program, improve its to produce management environment, encourage and support its to improve production to run a condition, enter concentration to trade the fixed place such as the market, shop is managed, perhaps managing area, period of time what appoint temporarily.
Food produces the specific government measure that machines small mill and food faker to wait to be made by province, municipality, municipality directly under the Central Government.
Thirtieth uses new food raw material 7 times to produce food, perhaps produce new breed of additive agent for food, food relevant product new breed, the security that ought to refer relevant product to service of sanitation of the State Council evaluates data. The organization inside 60 days is examined since the day that service of sanitation of the State Council ought to get application oneself; Of safe to according with food requirement, allow is permitted and announce; Of safe to according with food requirement, do not grant to permit reason of written specification.
Thirtieth must not add drug in 8 food that production runs, but can add according to traditional since food it is Chinese traditional medicine the material of material. According to traditional since food it is Chinese traditional medicine the corporeal list of material supervises management department to make jointly with safety of food of the State Council by service of sanitation of the State Council, announce.
9 countries are opposite thirtieth production of additive agent for food implements permissive system. Be engaged in production of additive agent for food, ought to have facilities of the place that suits with photograph of breed of place production additive agent for food, production or personnel of establishment, professional technology and administrative system, and according to Benfadi 35 programs of the 2nd regulation, obtain additive agent for food to produce a license.
Manufacturing additive agent for food ought to level of be good law, code and food safety state.
The 40th additive agent for food ought to be necessary truly on the technology and evaluate proof on the safe side through the risk, just can include the range that allows to use; Level of state of concerned food safety ought to be mixed according to technical necessity food safety risk evaluates a result to edit in time.
Food produces operator to ought to install countrywide home standard to use additive agent for food according to food.
Provision of the 41st production is relevant product ought to level of be good law, code and food safety state. The food that has higher risk to contacting the packing material of food to wait directly is relevant product, the regulation that produces licence government about industrial product according to the country carries out manufacturing license. Food safety supervises management department to ought to strengthen what to food relevant product manufactures an activity to control government.
The 42nd country builds system of date from of food safety whole journey.
Food produces operator ought to according to the regulation of this law, build system of food safety date from, assure food but date from. The country encourages food to produce operator to use informatization method to collect, keep production runs message, build system of food safety date from.
Safety of food of the State Council supervises management department to establish mechanism of cooperation of date from of food safety whole journey jointly with the concerned branch such as administration of agriculture of the State Council.
Various people government ought to take the 43rd place measure encourages food dimensions to change production and chain to manage, deserve to send.
The country encourages food to produce management enterprise to attend insurance of food safety liability.
The 2nd production manages a process to control
The 44th food produces management enterprise to ought to build wholesome food safety to run a system, undertake to the worker food installs all-knowing knowledge to groom, strengthen food inspection man to make, be engaged in manufacturing management activity lawfully.
The main controller that food produces management business ought to fulfil company provision safety to run a system, secure to the food of this enterprise job is comprehensive and responsible.
Food produces management enterprise to ought to deploy food safety administrator, strengthen groom to its and assess. Do not have food safety to run ability via assessment, do not get mount guard. Safe supervisory management department ought to be opposite food to administrator of company provision safety undertakes supervisory selectiving examination assessing randomly and announce assessment case. Supervise smoke delve nucleus not to get collection fee.
The 45th food produces operator to ought to be built and carry out run a system from health of personnel of course of study. The personnel of the disease of safety of food of be a hindrance to that contracts regulation of service of sanitation of the State Council, must not be engaged in contacting the job of immediate entry food.
The food that is engaged in contacting immediate entry food to work produces management personnel to ought to have checkup every year, obtain healthy proof rear but mount guard works.
The 46th food produces an enterprise to following item is made and ought to carry out control requirement, the food that assures a production accords with food safety standard:
(one) raw material is purchased, raw material is checked and accept, throw the raw material control such as makings;
(2) manufacturing process, equipment, keep in storage, pack wait for control of manufacturing key link;
(3) raw material examines, semi-manufactured goods examines, finished product routine inspection test examine control;
(4) carry and delivery control.
The 47th food produces operator to ought to build food safety to examine a system oneself, undertake checking evaluating to food safety situation regularly. Production manages conditional happening change, accord with food safety to ask no longer, food production operator ought to be adopted instantly rectify and reform measure; Have produce food safety accident of potential risk, ought to stop food to manufacture management activity instantly, supervise management department to report to safety of food of government of people of seat county class.
The 48th country encourages food to produce management enterprise to accord with good production standard to ask, executive harm analysis and system of crucial reference point, improve food safety level of management.
The food of analysis of normative to good through fine production, harm and attestation of system of crucial reference point produces management business, attestation orgnaization ought to be carried out lawfully dog investigation; To according with the enterprise that attestation asks no longer, ought to lawfully cancel attestation, seasonable to safety of food of government of people of prefectural class above supervisory management department is reported, announce to the society. Attestation orgnaization is carried out dog investigation does not get collection fee.
Generator of produce of the 49th edible ought to concern a regulation to use the agriculture such as drug of pesticide, fertilizer, animal, feed and feed additive to throw according to food safety standard and country article, carry out agricultural investment strictly to taste use safety interval period perhaps rests the regulation of medical period, must not use investment of agriculture of illicit of national explicit order to taste. Prohibit using virulent, tall poisonous agriculture chemical at the crop that the country such as vegetable, melon and fruit, tea and material of Chinese herbal medicine sets.
The manufacturing company of edible produce and organization of economy of farmer major collaboration ought to build agricultural investment to taste use record system.
Service of agriculture of government of people of prefectural class above ought to strengthen pair of agriculture investment to taste used supervisory government and guidance, build perfect agriculture investment to taste safe use system.
Fiftieth generator purchases a food food raw material, additive agent for food, provision is relevant product, the licence that ought to check a supplier and product qualification prove; To cannot providing the food raw material that qualification proves, ought to undertake examining according to food safety standard; Must not be purchased or use the food raw material that does not accord with food safety standard, additive agent for food, provision relevant product.
Food production company ought to establish food raw material, additive agent for food, provision relevant product replenish onr's stock examines record system, record food raw material, additive agent for food, food according to the facts date of the name of relevant product, norms, amount, birth perhaps produces the content such as means of date of lot number, expiration period, replenish onr's stock and supplier name, address, connection, save relevant certificate. Record and proof storage life are not gotten little at 6 months after product expiration period is full; Did not make clear the expiration period, storage life is not gotten little at 2 years.
Fiftieth company of production of a food ought to build food routine inspection test to record a system, check leave factory the acceptance label of food and safe state, date of the name that records food according to the facts, norms, amount, birth perhaps produces the content such as means of date of date of lot number, expiration period, acceptance label, sale and name of the person that buy goods, address, connection, save relevant certificate. Record and proof storage life ought to accord with Benfadi 50 the 2nd regulations.
Fiftieth 2 food, additive agent for food, provision is relevant the generator of the product, the product undertakes examining related the food that ought to produce to place according to food safety standard, additive agent for food, food, certificate of proof is rear can leave factory or sell.
Fiftieth 3 food operator purchases food, other perhaps qualification proves the licence that ought to check a supplier and certificate of approval of food routine inspection test (call eligible proof the file below) .
Food manages an enterprise to ought to build food stock with goods to examine record system, date of the name that records food according to the facts, norms, amount, birth perhaps produces the content such as means of date of lot number, expiration period, replenish onr's stock and supplier name, address, connection, save relevant certificate. Record and proof storage life ought to accord with Benfadi 50 the 2nd regulations.
Execute unite the food that deserves to send management kind to run a company, can unite the licence that checks a supplier and proclaimed in writing of food certificate of approval by company headquarters, undertake food stock with goods examines a record.
Pursue food wholesale business the management enterprise of Wu ought to build food to sell record system, date of the name that records wholesale food according to the facts, norms, amount, birth perhaps produces the content such as means of date of lot number, expiration period, sale and name of the person that buy goods, address, connection, save relevant certificate. Record and proof storage life ought to accord with Benfadi 50 the 2nd regulations.
Fiftieth 4 food operator ought to put food according to the requirement lay aside that assures food safety, check reserve provision regularly, clear in time the food that deteriorate or exceeds the expiration period.
Food of bulk of food operator reserve, ought to indicate in reserve position date of the name of food, birth perhaps produces the content such as name of lot number, expiration period, generator and connection means.
The fiftieth person that 5 meal service is offerred ought to be made and carry out raw material to control a demand, must not purchase the food raw material that does not accord with food safety standard. The person that advocate meal service to offer machines a process publicly, fair show the information such as food raw material and its origin.
The person that meal service is offerred ought to examine the food that needs treatment and raw material in machining a process, discovery has Benfadi of case of 34 the 6th regulation, must not be machined or use.
The fiftieth person that 6 meal service is offerred ought to defend provision regularly treatment, keep in storage, display wait for establishment, equipment; Clean regularly, establishment of desired result heat preservation and cold storage, refrigerant establishment.
The person that meal service is offerred ought to be provided to tableware, drink according to the requirement undertake cleaning alexipharmic, must not use the tableware without cleaning disinfection, drink to provide; The person that meal service is offerred entrusts those who clean alexipharmic tableware, drink to provide, ought to entrust the tableware that accords with this code to decide a condition, drink to provide concentration to disinfect service unit.
Fiftieth the 7 schools, dining room that holds the concentration such as orgnaization of young orgnaization, provide for the aged, construction site in the palm to use food unit ought to observe law, code and food safety standard strictly; Order meal from the unit that offer food, ought to order from the company that acquires food to produce management license, undertake probation to the food that order according to the requirement. The unit that offer food ought to observe law, code and food safety standard strictly, when eat treatment, ensure provision is safe.
The food security that the director branch of unit of the school, have dinner in asking the part such as orgnaization of young orgnaization, provide for the aged, construction site ought to enhance pair of concentration to use food unit is taught and manage daily, reduce food safety risk, eliminate food safety hidden danger in time.
Fiftieth 8 tableware, drink provides concentration to disinfect service unit to ought to have corresponding work place, clean alexipharmic equipment or establishment, ought to accord with level of state of relevant food safety and other country level, wholesome standard with water and use scour, disinfectant.
Tableware, drink provides concentration to disinfect service unit to ought to undertake chasing approving examining to disinfecting tableware, drink to provide, certificate of proof is rear can leave factory, ought to follow add alexipharmic qualification to prove. The tableware after disinfection, drink is provided mount ought to be wrapped to tag date of means of unit name, address, connection, disinfection and term of service to wait for content in independence.
Fiftieth generator of 9 additive agent for food ought to build routine inspection test of additive agent for food to record a system, check leave factory the acceptance label of the product and safe state, date of the name that records additive agent for food according to the facts, norms, amount, birth perhaps produces date of lot number, expiration period, acceptance label, sale the relevant content such as means of date and name of the person that buy goods, address, connection, save relevant certificate. Record and proof storage life ought to accord with Benfadi 50 the 2nd regulations.
Operator of the 60th additive agent for food purchases additive agent for food, the licence that ought to check a supplier lawfully and product qualification prove a file, date of the name that records additive agent for food according to the facts, norms, amount, birth perhaps produces the content such as means of date of lot number, expiration period, replenish onr's stock and supplier name, address, connection, save relevant certificate. Record and proof storage life ought to accord with Benfadi 50 the 2nd regulations.
The 61st concentration trades the open of the market person, the person that bar rents and be on sale the person that can hold, ought to examine lawfully enter the licence of food operator, make clear its food safety to manage responsibility, manage environment and condition to undertake checking to its regularly, discover its have those who disobey this code to decide action, ought to check in time and report provision of government of people of seat county class is safe instantly supervisory management department.
Food of the 62nd network trades the person that tripartite platform is offerred ought to undertake to joining net food operator real name is registered, make clear its food safety to manage responsibility; Ought to obtain license lawfully, still ought to examine its licence.
Network food trades discovery of the person that tripartite platform is offerred has those who disobey this code to decide action into net food operator, ought to check in time and report provision of government of people of seat county class is safe instantly supervisory management department; Discovery violates act badly, ought to stop to offer a network to trade instantly platform serves.
The 63rd country builds food recall system. The food that food producer discovers to its are produced does not accord with food safety standard to perhaps evidence proves the likelihood endangers human body health, ought to halt production instantly, recall has appeared on the market the food of the sale, inform relevant production of operator and consumer, record recall and announcement case.
The money before the food that food operator discovers to its are managed has sets condition, ought to stop to manage instantly, inform relevant production of operator and consumer, record stop to manage and notice a condition. Food producer thinks ought to of recall, ought to instantly recall. Because the reason of food operator causes his,the money before management food has sets condition, food operator ought to recall.
Food production operator ought to be adopted to the food of recall harmless turn the measure such as processing, destroy by melting or burning, prevent its to flow into the market again. But, because of,be opposite label, indicate or the manual does not accord with food safety standard and by the food of recall, food producer is in take remedial action and can continue to sell below the circumstance that can make sure provision is safe; When the sale ought to to consumer bright show remedy measure.
Food production operator ought to mix food recall processing circumstance supervises management department to report to safety of food of government of people of seat county class; Need undertakes to the food of recall harmless change processing, destroy by melting or burning, ought to report time, ground is nodded ahead of schedule. Food safety supervises management department to think necessary, can carry out the spot to supervise.
Food produces operator not according to this stipulate recall perhaps stops to manage, safety of food of government of people of prefectural class above supervises management department to be able to instruct its recall to perhaps stop manage.
Terminal market of produce of the 64th edible ought to be deployed examine equipment and examine personnel perhaps entrusts the food inspection agency that accords with this code to decide, the edible produce that sells to entering this terminal market has sampling inspection; Discovery does not accord with food safety standard, the person that ought to ask to sell stops to sell instantly, monitor management department report to food safety.
The person that produce of the 65th edible is sold ought to build edible produce replenish onr's stock to examine record system, the content such as means of date of amount, replenish onr's stock and the name that records edible produce according to the facts, supplier name, address, connection, save relevant certificate. Record and proof storage life are not gotten little at 6 months.
The 66th edible produce that enters market sale is being packed, last, keep in storage, in carrying, use last the additive agent for food such as agent, antiseptic and the provision such as the material that pack are relevant product, ought to accord with food to bring countrywide home level.
The 3rd label, manual and advertisement
The 67th bag mount that packs food beforehand ought to have ticket. Label ought to indicate following item:
(one) date of name, norms, clean content, birth;
(2) composition or burden watch;
(3) means of the name of generator, address, connection;
(4) the expiration period;
(5) product standard code name;
(6) reserve requirement;
(7) uses additive agent for food is in the current name in national level;
(8) manufacturing license number;
(9) law, code or the any other business that regulation of food safety standard ought to indicate.
Offer infant and other and specific crowd only advocate complementary food, its label still ought to indicate main nutrition composition and its content.
Food installs countrywide home standard to tag item to have a regulation additionally to label, set from its.
Operator of the 68th food sells bulk food, date of the name that food ought to indicate on the container in bulk food, outer packing, birth perhaps produces the content such as means of lot number, expiration period and manufacturing operator name, address, connection.
The 69th production is managed turn gene food ought to according to the regulation remarkable designation.
The 70th additive agent for food ought to have label, manual and pack. Label, manual ought to carry bright Benfadi 67 the first reach the 6th the first times, the 8th, the item of the 9th regulation, and the scope of application of additive agent for food, dosage, use method, carry on label bright " additive agent for food " model of written characters.
The label of the 71st food and additive agent for food, manual, must not contain false content, must not involve function of disease precaution, cure. The content that produces the ticket that operator offers to its, manual is responsible.
The label of food and additive agent for food, manual ought to be clear about, apparent, the item such as manufacturing date, expiration period ought to be tagged significantly, differentiate easily.
The content of food and additive agent for food and its label, manual nots agree with, must not appear on the market sale.
Operator of the 72nd food ought to explain according to the caution mark of food label designation, caution or the requirement of the note sells food.
Content of advertising of the 73rd food should be taken seriously fact is lawful, must not contain false content, must not involve function of disease precaution, cure. The authenticity of content, lawful to food advertisement sex is in charge of food production operator.
Supervisory management department of safety of food of government of people of prefectural class above and guild of other concerned department and food inspection agency, food are not gotten with advertisement other perhaps form recommends food to consumer. Consumer organization is not gotten with collection charge the means of interest of other perhaps obtain recommends food to consumer.
The 4th special provision
The 74th country is mixed to food of recipe of utility of health food, special medicine the special provision such as recipe food executes the infant to control government strictly.
The 75th health food claims sanitarian function, ought to have scientific basis, must not produce acute, subacute chronic perhaps harm to human body.
Catalog of health food raw material and the sanitarian function catalog that allow health food to claim, supervise management department by safety of food of the State Council jointly with sanitation of the State Council management department makes drug of traditional Chinese medical science of service, country, adjust and announce.
Catalog of health food raw material ought to include raw material name, dosage and its corresponding effect; The raw material that includes health food raw material list can be used at health food production only, must not use at other provision to produce.
Beyond catalog of raw material of the 76th use health food the health food of raw material and the health food that import first ought to supervise management department to register via safety of food of the State Council. But, complement is belonged to in the health food that imports first vitamin, mineral wait for nutrient material, ought to sign up for safety of food of the State Council to supervise management department to put on record. Other health food ought to sign up for safety of food of government of people of province, municipality, municipality directly under the Central Government to supervise management department to put on record.
The health food of the entrance ought to be exit country (area) director branch allows appear on the market the product of the sale.
The 77th health food that ought to register lawfully, the material such as technology of recipe of the report of research and development that health food ought to submit when registering, product, production, security and sanitarian function evaluation, label, manual reachs sample, offer relevant proof document. Safety of food of the State Council supervises management department to be judged via organizing technical careful, claim to ask to according with safety and function, allow is registered; To according with a requirement, do not grant to register reason of written specification. To using what the health food of raw material makes allow register a decision beyond catalog of health food raw material, ought to bring into this raw material in time catalog of health food raw material.
The health food that ought to put on record lawfully, technology of product recipe, production, label, manual and the data that make clear product security and sanitarian function ought to be submitted when putting on record.
The label of the 78th health food, manual must not involve function of disease precaution, cure, content should be taken seriously solid, agree with the content photograph that register or puts on record, carry bright composition of appropriate crowd, unsuited crowd, effect perhaps indicates sexual class status reachs its content to wait, state " this tasting cannot replace remedy " . The function of health food and composition ought to agree with label, manual photograph.
Advertisement of the 79th health food is divided ought to accord with Benfadi outside 73 the first regulations, still ought to state " this tasting cannot replace remedy " ; Its content ought to be saved via producing enterprise seat, safety of food of government of people of municipality, municipality directly under the Central Government supervises management department to examine approval, obtain health food advertisement to approve a document. The advertisement content of the list of health food advertisement that safety of food of government of people of province, municipality, municipality directly under the Central Government supervises management department to ought to be announced and has approved newlier in time and approval.
Food of recipe of utility of the 80th special medicine ought to supervise management department to register via safety of food of the State Council. When registering, ought to refer product recipe, production craft, label, manual and show product security, nutrition is enough gender and special medicine utility are clinical the material of the effect.
Advertisement of food of recipe of special medicine utility is applicable " law of advertisement of People's Republic of China " the regulation that administers about advertisement of medicines and chemical reagents with other law, administrative regulations.
The whole process quality that manufacturing company ought to carry out food of recipe of the 81st infant to enter a factory to leave factory to finished product from raw material is controlled, carry out to the infant recipe food that leave factory chase batch examine, make sure provision is safe.
The food raw material such as the milk-like liquid giving birth to delicacy that food of manufacturing infant recipe uses, complementary makings, additive agent for food, ought to the regulation of be good law, administrative regulations and level of food safety state, make sure the infant grows the nutrient part that development place wants.
Company of production of infant recipe food ought to reach recipe of food raw material, additive agent for food, product the item such as label to supervise management department to put on record to safety of food of government of people of province, municipality, municipality directly under the Central Government.
Infant recipe breeds product recipe of pink ought to supervise management department to register via safety of food of the State Council. When registering, ought to refer recipe research and development report and other make clear recipe science the material of gender, security.
Must not produce powder of infant recipe milk in order to part outfit way, the powder of infant recipe milk that same company must not produce different brand with same recipe.
The enrollment of powder of milk of recipe of food of recipe of utility of the 82nd health food, special medicine, infant the person perhaps puts on record the authenticity that the person ought to submit data to its is responsible.
Catalog of powder of milk of recipe of food of recipe of utility of the health food that safe supervisory management department ought to announce food of government of provincial above people in time to register or put on record, special medicine, infant, give secretly to registering the company business that in perhaps putting on record, learns confidential.
Powder of milk of recipe of food of recipe of utility of health food, special medicine, infant produces a business ought to according to the product that register or puts on record the technology such as technology of recipe, production asks to organize production.
The 83rd produces health food, food of recipe of special medicine utility, infant recipe food and other offer specific crowd only advocate the enterprise of complementary food, ought to build the manufacturing quality that suits with photograph of place production food to run a system according to the requirement with good normative production, go to the carry of this system regularly the circumstance undertakes be checkinged oneself, make sure its move effectively, supervise management department to be referred from to safety of food of government of people of seat county class check a report.
Provision of the 5th section examines
After the provision that inspection agency of the 84th food approves about attestation according to the country obtains aptitude to maintain, just can be engaged in food examining activity. But, law has formulary except additionally.
The aptitude of food inspection agency maintains condition and test gauge model, monitor management department regulation by safety of food of the State Council.
Accord with the food inspection agency that this code decides to issue examine the report has coequal effectiveness.
Government of people of prefectural class above ought to integrated food examines resource, implementation resource is shared.
The identifier that the 85th food examines to be appointed by food inspection agency undertakes independently.
Identifier ought to the regulation of according to concerned law, code, mix according to food safety standard examine the standard undertakes examining to food, esteem is scientific, scrupulously abide by professional morality, those who assure to issue examine data and conclusion are objective, just, must not issue examine phonily report.
The 86th food examines execute food inspection agency and identifier to be in charge of making. Food examines the report ought to build official seal of food inspection agency, have identifier sign or affix one's seal. Food inspection agency and identifier examine to issued food the report is responsible.
Safety of food of government of people of above of class of the 87th county supervises management department to ought to undertake to food fixed nonsked perhaps sampling inspection, announce according to concerned regulation examine result, must not avoid check. Have sampling inspection, ought to buy draw-out sample, entrust the food inspection agency that accords with this doctrine regulation to undertake examining, pay relevant fee; Must not examine to collection of food production operator cost and other charge.
To according to this code carries out the 88th surely examine conclusion disagrees, food production operator can be received oneself examine the food safety that 7 workaday introversion since the day of conclusion carry out sampling inspection supervises management department or safety of food of on its one class supervises management department to put forward to reinspect application, by the orgnaization is reinspected to undertake reinspecting certainly randomly in accepting the food safety that reinspects application to supervise what management department is announcing to reinspect orgnaization directory. Those who reinspect an orgnaization to issue reinspect conclusion to be examine finally conclusion. Reinspect orgnaization and check orgnaization must not be same orgnaization first. Reinspect orgnaization directory to approbate safety of supervisory management, food to supervise the branch such as management, wholesome administration, agriculture administration to be announced jointly by attestation of the State Council.
Those who adopt national provision is fast detect the method undertakes selectiving examination detecting to edible produce, person be selectivinged examination disagrees as a result to detecting, can receive oneself detect the 4 application inside the hour rise to reinspect when the result. Reinspect must not use detect quickly method.
Company of production of the 89th food can is opposite by oneself the food of a production undertakes examining, also can entrust the food inspection agency that accords with this doctrine regulation to undertake examining.
The organization such as food guild and consumer society, consumer needs to entrust food inspection agency to undertake examining to food, ought to entrust the food inspection agency that accords with this doctrine regulation to undertake.
Of the 90th additive agent for food examine, applicable the regulation that this law examines about food.
Imports and exports of food of the 6th section
Condition of discrepancy of the 91st country examines quarantine branch carries out supervisory management to safety of food of imports and exports.
The product ought to accord with safety of our country food related the food of the 92nd entrance, additive agent for food, food national level.
The food of the entrance, additive agent for food ought to examine via discrepancy condition import and export merchandise of quarantine orgnaization according to examines the formulary certificate of proof of relevant law, administrative regulations.
The food of the entrance, additive agent for food ought to examine according to national discrepancy condition the requirement of quarantine branch is followed add qualification to prove material.
The 93rd entrance still brings the food of countrywide home standard without food, by company of the production outside the exporter outside the condition, condition or the relevant country that its precatory importer refers place to carry out to service of sanitation of the State Council (area) standard or international standard. Service of sanitation of the State Council undertakes checkup to relative standard, think to accord with food safety to ask, decision of short duration grants applicable, establish standard of corresponding food safety country in time. The provision that the entrance uses new food raw material to produce perhaps imports new breed of additive agent for food, food relevant product new breed, according to 37 regulation deals with Benfadi.
Discrepancy condition examines the quarantine orgnaization requirement according to service of sanitation of the State Council, the product undertakes examining related the food that the money before be opposite provides, additive agent for food, food. Examine to ought to be made public as a result.
The product accords with this law and our country related the food that company of the production outside the exporter outside the 94th condition, condition ought to assure to be exported to our country, additive agent for food, food the requirement of level of the regulation of other concerned law, administrative regulations and food safety state, be in charge of to the content of label, manual.
Importer ought to build system of examine and verify of company of the production outside the exporter outside the condition, condition, the content that the money before key examine and verify provides; Examine and verify is unqualified, do not get an import.
Discovery imports food not to accord with level of state of safety of our country food to perhaps evidence proves the likelihood endangers human body health, importer ought to suspend an import instantly, and according to Benfadi 63 formulary recall.
The food safety event that produces outside the 95th condition may be right our country churchyard causes an effect, those who discover problem of serious food safety perhaps is in related import provision, additive agent for food, food in the product, national discrepancy condition examines quarantine branch ought to adopt risk early-warning in time to perhaps control measure, supervise bulletin of service of management, wholesome administration, agriculture to safety of food of the State Council. The branch that receives a bulletin ought to take corresponding step in time.
Safety of food of government of people of prefectural class above supervises management department to import food, additive agent for food to carry out supervisory management to what sell on home market. Discovery is put in problem of serious food safety, supervisory management department of safety of food of the State Council ought to examine in time to national discrepancy condition quarantine branch bulletin. National discrepancy condition examines quarantine branch ought to take corresponding step in time.
The exporter outside the 96th condition that exports food to our country churchyard or the agent, importer that imports food ought to examine to national discrepancy condition quarantine branch puts on record. Company of production of the food outside the condition that exports food to our country churchyard ought to come in and go out via the country condition examine quarantine branch is registered. The food outside the condition that has registered produces an enterprise to provide false data, perhaps cause import provision to produce accident of major provision safety because of the reason of its oneself, national discrepancy condition examines quarantine branch ought to cancel is registered and announcement.
National discrepancy condition examines quarantine branch ought to announce the food outside the exporter outside the condition that has put on record, agent, importer and the condition that had registered to produce company list regularly.
Of the 97th entrance pack food, additive agent for food to ought to have Chinese ticket beforehand; Ought to have a manual lawfully, still ought to have Chinese manual. Label, manual ought to accord with this law and our country the requirement of level of the regulation of other concerned law, administrative regulations and food safety state, carry kind of the name of the country of origin of bright food and churchyard agent, address, connection. Pack food to do not have manual of Chinese label, Chinese beforehand or label, manual is not accorded with of a regulation, do not get an import.
The 98th importer ought to build entrance of food, additive agent for food and sale record system, the content such as the date of the name that records food, additive agent for food according to the facts, norms, amount, birth, exporter outside produce or importing lot number, expiration period, condition and name of the person that buy goods, address and connection means, date of delivery, save relevant certificate. Record and proof storage life ought to accord with Benfadi 50 the 2nd regulations.
ninety-nine company of exit food production ought to make sure its export food to accord with entrance country (area) standard or contract requirement.
Company of exit food production and exit food raw material are cultivated, the farm ought to examine to national discrepancy condition quarantine branch puts on record.
Condition of discrepancy of the 100th country examines quarantine branch ought to be collected, collect is following information of security of food of imports and exports, report relevant section, orgnaization and business in time:
(one) discrepancy condition examines quarantine orgnaization is carried out to food of imports and exports examine the food security information that quarantine discovers;
(2) the import provision that the organization such as food guild and consumer society, consumer reflects is safe information;
(3) the provision of etc of risk early-warning information that orgnaization of the government outside international organization, condition releases is safe information, and the food security information that the organization such as guild of the food outside the condition, consumer reflects;
(4) information of other provision security.
National discrepancy condition examines quarantine branch ought to be mixed to the importer of food of imports and exports, exporter company of exit food production carries out credit management, establish credit record, announce to the society lawfully. The importer of bad to having record, exporter and exit food produce a business, ought to strengthen provision of pair of its imports and exports examine quarantine.
Condition of discrepancy of the 101st country examines quarantine branch can is opposite the nation that exports food to our country churchyard (area) system of food safety management and food safety situation undertake evaluate and be checkupped, the basis is evaluated and examine a result, examine accordingly certainly quarantine requirement.
Accident of safety of provision of the 7th section deals with
Organization of the 102nd the State Council makes meet an urgent need of accident of national food safety beforehand case.
Government of people of place of prefectural class above ought to be mixed according to the regulation about law, code the lash-up of food safety accident of ranking people government beforehand case and this administration the actual condition of area, the lash-up of food safety accident that controls area of definitive edition administration beforehand case, sign up for government of people of on one class to put on record.
Lash-up of food safety accident beforehand case ought to classification to food safety accident, the accident deals with mechanism of early-warning of constituent director system and duty, precaution, deal with measure of safeguard of program, lash-up make a provision.
Food production management company ought to make food safety accident deal with plan, check this company regularly each food safety is on guard of measure fulfil a circumstance, eliminate accident hidden danger in time.
The 103rd unit that produces food safety accident ought to take step instantly, prevent an accident to expand. Accident unit and the unit that receive a patient to have treatment ought to produce safety of food of government of people of ground county class in time to supervise management, wholesome service to report to the accident.
In controlling government daily, the branch such as administration of agriculture of government of people of prefectural class above discovers food safety accident perhaps receives an accident to inform against, ought to supervise management department bulletin to safety of the food that be the same as class instantly.
Produce food safety accident, safe supervisory management department ought to press the food of government of prefectural class people that receives a report coordinate is urgent beforehand the compasses of the case is directional this class people government and safety of food of ranking people government supervise management department. Government of prefectural class people and safety of food of government office of ranking person civil administration supervise management department to ought to press coordinate urgent beforehand the regulation of the case appears in the newspaper.
Any units and individual do not get safe to food accident to conceal, newspaper of give false information, delay, must not hide, forge, destruction concerns evidence.
The patient that the 104th medical establishment discovers to its are received belongs to patient of disease of the sex that feed a cause or doubt is like a patient, ought to according to the regulation timely will pertinent information reports to service of sanitation of government of people of seat county class. Service of sanitation of government of prefectural class people thinks to be concerned with food safety, ought to report safety of the food that be the same as class in time to supervise management department.
Service of sanitation of government of people of prefectural class above treats infection in investigation other perhaps the information related the discovery in breaking out communal and wholesome incident and food safety, ought to report safety of the food that be the same as class in time to supervise management department.
After the report that safety of food of government of people of above of class of the 105th county monitors management department to receive food safety accident, ought to undertake investigating handling jointly with the branch such as administration of the sanitation that be the same as class, agriculture administration instantly, take following step, prevent or reduce social harm:
(one) begin lash-up rescuing work, because food safety accident brings about the personnel that person harms,organize cure;
(2) the food that seals up for keeping to cause food safety accident possibly and its raw material, undertake examining instantly; Belong to the food that is polluted and its raw material to affirming, instruct food to produce operator according to 63 formulary recall perhaps stops Benfadi manage;
(3) the provision that seals up for keeping to be polluted is relevant product, instruct undertake cleaning alexipharmic;
(4) do good news to release the job, reach its to handle a circumstance to undertake issuance to food safety accident lawfully, the harm that arises to the likelihood tries explanation, specification.
Produce food safety accident to need to start lash-up beforehand of the case, government of people of prefectural class above ought to establish an accident to deal with instantly direct orgnaization, the lash-up that start beforehand case, the money before according to and lash-up beforehand the regulation of the case undertakes dealing with.
Produce food safety accident, precaution of disease of prefectural class above controls an orgnaization to ought to undertake wholesome processing to trouble spot, launch epidemiology investigation to the element that concerns with the accident, concerned branch ought to give assistance. Orgnaization of control of precaution of disease of prefectural class above ought to supervise management, wholesome service to submit epidemiology findings report to safety of the food that be the same as class.
The 106th produces food safety accident, the safety of food of government of people of city class above that establishs a division supervises management department to ought to undertake jointly with concerned branch accident responsibility is investigated instantly, supervise and urge concerned branch fulfils obligation, to safety of this class people government and food of government of people of on one class supervisory management department puts forward accident responsibility to investigate processing to report.
The money before the accident of major provision safety that involves two above province, municipality, municipality directly under the Central Government supervises management department according to by safety of food of the State Council stipulates constituent accident responsibility is investigated.
The 107th investigates food safety accident, ought to hold to the be practical and realistic, principle that respects science, seasonable, accurate make a thorough investigation of accident nature and reason, cognizance accident responsibility, put forward to rectify and reform measure.
Investigate food safety accident, besides the responsibility that finds out accident unit, still ought to find out the responsibility that concerns orgnaization of inspection agency of supervisory management department, food, attestation and its staff member.
Accident of safety of the 108th food investigates a branch to authority understands the situation that concerns with the accident to concerned unit and individual, ask to offer relevant data and sample. Concerned unit and individual ought to give cooperate, offer relevant data and sample according to the requirement, must not refuse.
The investigation that any units and individual do not get accident of safety of food of obstruct, interference is handled.
The 8th chapter controls government
Safety of food of government of people of above of class of the 109th county supervises management department according to food safety the risk is monitored, the risk evaluates result and food safety the state, the key of affirmatory supervisory management, means and frequency second, executive risk manages by different levels.
The food safety year that government of people of place of prefectural class above organizes this class food safety to supervise administration of management, agriculture to wait for area of administration of division system definitive edition supervises management to plan, be announced to the society and the organization is carried out.
Food installs full year to supervise management to plan to ought to regard the key of supervisory management as following item:
(one) offer infant and other and specific crowd only advocate complementary food;
(2) the accretion in process of health food production behavior and the circumstance that ask to organize production according to the technology that register or puts on record, the situation that the function publicizes is concerned in health food label, manual and propagandist material;
(3) produce the food with higher risk of food safety accident to produce operator;
(4) the result of food safety risk that monitor shows the likelihood exists the item of food safety hidden danger.
Safety of food of government of people of above of class of the 110th county supervises management department to fulfill food safety to supervise administrative responsibility, authority takes following step, the condition that observes this standard to producing operator undertakes supervisory checking:
(one) enter production to manage a place to carry out spot examination;
(2) the product has sampling inspection related the food that runs to production, additive agent for food, food;
(3) consult, book of duplicate concerned contract, bill, Zhang concerns a material with etc;
(4) close down, distrain has evidence to prove not to accord with food safety standard to perhaps evidence proves existence is safe hidden trouble and the provision that are used at violating production to manage, additive agent for food, provision is relevant product;
(5) close down violate the place that is engaged in manufacturing management activity.
The 111st safe to food risk evaluates a result to prove hidden danger of food existence safety, need is made, edit of food safety standard, making, edit before food safety standard, service of sanitation of the State Council ought to set in time to be restricted of harmful material temporarily in food about the branch jointly with the State Council value of a quantity and casual inspection method, be managed as production and supervise administrative basis.
Safety of food of government of people of above of class of the 112nd county supervises management department to control government in food safety what the country can use to set in the job is fast detect the method undertakes selectiving examination detecting to food.
Detect to selectiving examination the food that the result makes clear to the likelihood does not accord with food safety standard, ought to according to 87 regulation undertakes Benfadi examine. Selective examination detect as a result affirmatory concerned food does not accord with food safety standard, can regard administration as condemnatory basis.
Safety of food of government of people of above of class of the 113rd county supervises management department to ought to build food to produce operator food safety credit archives, record license is issued, result of daily supervisory examination, illegal behavior is investigated wait for a circumstance, be announced to the society lawfully and update in real time; The food production operator that undesirable to having credence records increases supervisory examination frequency second, serious to violating behavior clue food produces operator, can report investment to be in charge of branch, negotiable securities to supervise administration and concerned financial orgnaization.
The 114th food produces hidden danger of safety of food of the existence in management process, adopt measure not in time to eliminate, main perhaps controller has the legal representative that safety of food of government of people of prefectural class above supervises management department to be able to produce operator to food responsibility talks about. Food produces operator to ought to take step instantly, undertake rectifying and reform, eliminate hidden danger. Responsibility talks about circumstance and rectify and reform a circumstance to ought to bring into food to produce record of credence of operator food safety.
The email address that safety of food of government of people of above of class of the 115th county supervises the branch such as management to ought to announce cadre door or phone, accept seek advice, complain, inform against. Receive seek advice, complain, inform against, to attributing cadre door responsibility, ought to be accepted and reply in time inside legal time limit, check, processing; To attributing cadre door responsibility, written announcement seeks advice from the department that ought to transfer processing having right, complain, inform against a person. The branch of processing having right ought to be handled in time inside legal time limit, do not get shuffle. Belong to to check inform against solidly, give inform against a person to reward.
Concerned branch ought to keep secret to informing against the person's information to give, protection informs against legitimate rights and interests of the person. Inform against a person inform against those who be in an enterprise, this enterprise is not able to remove, modificatory labor contract is other perhaps means undertakes hitting retaliation to informing against a person.
The branch such as supervisory administration of safety of food of government of people of above of class of the 116th county ought to be strengthened to executing the law law of personnel food safety, code, standard is mixed professional knowledge and execute the law ability those who wait groom, organize assessment. Do not have corresponding knowledge and capacity, must not be engaged in food safety executing the law the job.
The discovery such as society of guild of food production operator, food, consumer food safety executes the law personnel is in execute the law the action that there is lawbreaking, code to set in the process and non-standard execute the law of behavior, can to this class safety of food of government of ranking perhaps people supervises the department such as management censorial perhaps mechanism is complained, inform against. Receive complain, the branch that inform against or mechanism ought to undertake checking, will execute the law to food safety via checked condition bulletin of personnel place branch; Be suspected of violating those who violate discipline, according to this law and concerned regulation processing.
The branch such as supervisory administration of safety of food of government of people of above of class of the 117th county discovers risk of food safety systematization not in time, eliminate the food safety hidden danger inside supervisory management section not in time, this class people government is OK main to its controller undertakes responsibility talks about.
Local people government did not fulfill food to bring full responsibility, eliminate hidden danger of safety of regional major provision not in time, ranking people government is OK main to its controller undertakes responsibility talks about.
The food safety that is talked about about supervises government of people of the branch such as management, place to ought to take step instantly, job of safe to food supervisory management undertakes rectifying and reform.
Responsibility talks about circumstance and rectify and reform a circumstance to ought to bring into local people government and safety of concerned section provision to supervise administrative job appraise sth through discussion, assessment to record.
The 118th country builds platform of unified food security information, execute food security information to unite announce a system. National food safety is information of caution of risk of safety of overall condition, food, great information of processing of food safety accident and its investigation and the State Council need to unite the other information that publish to supervise management department to unite by safety of food of the State Council certainly announce. Of information of caution of food safety risk and accident of major provision safety and the location of influence be confined to that its investigate processing information, OK also by safety of food of government of people of concerned province, municipality, municipality directly under the Central Government supervisory management department is announced. Must not release afore-mentioned information without accredit.
Service of supervisory administration of safety of food of government of people of prefectural class above, agriculture announces food safety to control administrative information daily according to respective duty.
Announce food safety news, ought to accomplish accurate, seasonable, undertake necessary explanation explains, avoid misdirect consumer and social public opinion.
Service of supervisory administration of safety of food of government of people of place of above of class of the 119th county, wholesome administration, agriculture learns this code to need to unite the news that announce surely, ought to be in charge of a branch to report to superior, by ranking administrator the branch is reported safety of food of the State Council supervises management department instantly; When necessary, can monitor management department report to safety of food of the State Council directly.
Service of supervisory administration of safety of food of government of people of prefectural class above, wholesome administration, agriculture ought to report agricultural food safety each other information.
Any the 120th units and individual do not get information of security of dispersed and fictional, false food.
Safety of food of government of people of prefectural class above supervises management department to discover a possibility the food security information of misdirect consumer and social public opinion, ought to organize concerned branch, professional orgnaization, relevant provision to produce operator to wait instantly undertake checking, analysis, announce a result in time.
The branch such as supervisory administration of safety of food of government of people of above of class of the 121st county discovers those who be suspected of food safety committing a crime, ought to move the case in time according to concerned regulation send public security office. The case that sends to moving, public security mechanism ought to be examined in time; Think to guilty fact needs to investigate criminal duty, ought to put on record is investigated.
Public security mechanism is investigated in case of food safety crime think to do not have guilty fact in the process, perhaps commit a crime the fact is remarkable and slight, do not need to investigate criminal duty, but ought to investigate administrative duty lawfully, ought to move the case in time send food the branch such as safe supervisory management and censorial office, concerned branch ought to be handled lawfully.
Business of public security office asks food safety to supervise the branch such as environment of management, zoology to offer examine conclusion, cognizance opinion and undertake to experience case article harmless change the hand such as processing, concerned branch ought to be offerred in time, give assistance.
Responsibility of law of the 9th art of composition
The 122nd disobeys this code to decide, did not obtain food to produce management license to be engaged in food manufacturing management activity, perhaps did not obtain additive agent for food to produce a license to be engaged in additive agent for food manufacturing an activity, by safety of food of government of people of prefectural class above supervisory management department confiscates the illegal earning and the food that illegal production runs, additive agent for food and the tool that are used at violating production to manage, equipment, article such as raw material; Goods of the food that illegal production runs, additive agent for food is worth amount to be not worth 10 thousand yuan, be in 50 thousand yuan of above 100 thousand yuan of the following amerce; Goods is worth amount of 10 thousand yuan of above, be in goods to be worth amount decuple above 20 times the following amerce.
Know perfectly well what set from beforehand money to violate act, still offer production to run a place for its of other perhaps condition, by safety of food of government of people of prefectural class above supervisory management department is instructed stop to violate act, confiscate illegal earning, be in 50 thousand yuan of above 100 thousand yuan of the following amerce; Make the legitimate rights and interests of consumer is damaged, ought to produce operator to assume joint liability with food, additive agent for food.
The 123rd disobeys this code to decide, have one of following state, still do not make crime, by safety of food of government of people of prefectural class above supervisory management department confiscates illegal earning and the food that illegal production runs, can do not have the tool that expropriation manages at violating production, equipment, article such as raw material; The food money that illegal production manages is worth amount to be not worth 10 thousand yuan, be in 100 thousand yuan of above fifty thousand and ten yuan of the following amerce; Goods is worth amount of 10 thousand yuan of above, be in goods to be worth amount 15 times above 30 times the following amerce; The clue is serious, revoke licence, can be opposite by public security mechanism the director staff that its are in charge of directly and personnel of other and direct responsibility are in 5 days of above 15 days to detain below:
(one) produce the food, material that adds the chemical material beyond additive agent for food and other possibility to endanger human body health in food with blame food raw material, perhaps use reclaim food produces food as raw material, perhaps run afore-mentioned food;
(2) produce what management nutrition composition does not accord with food safety standard to offer infant and other and specific crowd only advocate complementary food;
(3) management die in one's bed, kill with poison or flesh of animal of the birds with unidentified cause of death, cultivate, animal, aquatic product kind, perhaps produce manage its product;
(4) manage did not undertake quarantine by the regulation or the flesh with unqualified quarantine kind, perhaps produce manage perhaps examine without examining unqualified flesh kind goods;
(5) manufacturing management country prohibits producing management food to prevent the special need explicit order such as disease;
(6) production manages the provision that adds drug.
Know perfectly well what set from beforehand money to violate act, still offer production to run a place for its of other perhaps condition, by safety of food of government of people of prefectural class above supervisory management department is instructed stop to violate act, confiscate illegal earning, be in 100 thousand yuan of above 200 thousand yuan of the following amerce; Make the legitimate rights and interests of consumer is damaged, ought to produce operator to assume joint liability with food.
Violate those who use virulent, tall poisonous agriculture chemical, about law, code except according to the regulation gives punishment outside, can by according to of public security mechanism the first regulation is given detain.
The 124th disobeys this code to decide, have one of following state, still do not make crime, by safety of food of government of people of prefectural class above supervisory management department confiscates illegal earning and the food that illegal production runs, additive agent for food, can do not have the tool that expropriation manages at violating production, equipment, article such as raw material; Goods of the food that illegal production runs, additive agent for food is worth amount to be not worth 10 thousand yuan, be in 50 thousand yuan of above 100 thousand yuan of the following amerce; Goods is worth amount of 10 thousand yuan of above, be in goods to be worth amount decuple above 20 times the following amerce; The clue is serious, revoke licence:
(one) production manages the sex that cause disease microbial, the food that the corporeal content of health of the pollutant such as toxin of pesticide remain, animal drug remain, biology, heavy metal and other harm human body exceeds set limit to of food safety standard, additive agent for food;
(2) produce food, additive agent for food with the food raw material that exceeds the expiration period, additive agent for food, perhaps run afore-mentioned food, additive agent for food;
(3) production is managed exceed the limits, food that exceeds set limit to to use additive agent for food;
(4) acid of manufacturing management putrefaction, grease is defeated, mildew becomes foul and unripe bug, feculent, mix have eyewinker, adulterate adulteration or the provision with organic unusual character, additive agent for food;
(5) production runs the food that tags false birth date, expiration period to perhaps exceed the expiration period, additive agent for food;
(6) production runs recipe of food of recipe of utility of the health food that did not register by the regulation, special medicine, infant lacteal powder, perhaps did not wait for a technology to ask to organize production by technology of registered product recipe, production;
(7) produce powder of infant recipe milk in order to part outfit way, same perhaps company produces the powder of infant recipe milk of different brand with same recipe;
(8) use new food raw material to produce food, perhaps produce new breed of additive agent for food, did not evaluate through security;
(9) after food produces operator to supervise management department to instruct its recall to perhaps stop to manage in food safety, still refus not recall perhaps stops to manage.
The money before dividing and Benfadi 123, outside the case of the 125th regulation, production is managed not be good law, code or of the food of food safety standard, additive agent for food, provision of the section before according to gives punishment.
The product is new related manufacturing food breed, did not evaluate through security, perhaps produce the food that does not accord with food safety standard of relevant product, supervise management department according to by safety of food of government of people of prefectural class above the first regulation gives punishment.
The 125th disobeys this code to decide, have one of following state, by safety of food of government of people of prefectural class above supervisory management department confiscates illegal earning and the food that illegal production runs, additive agent for food, can do not have the tool that expropriation manages at violating production, equipment, article such as raw material; Goods of the food that illegal production runs, additive agent for food is worth amount to be not worth 10 thousand yuan, be in 5000 yuan of above 50 thousand yuan of the following amerce; Goods is worth amount of 10 thousand yuan of above, be in goods to be worth amount fivefold above is decuple and the following amerce; The clue is serious, order stop production stop business, till revoke licence:
(one) the food that production runs the pollution such as the material that be packed, container, carriage tool, additive agent for food;
(2) production manages those who do not have label to pack food, additive agent for food beforehand or the food that label, manual does not accord with this code to decide, additive agent for food;
(3) production is managed turn gene food did not undertake designation by the regulation;
(4) food production operator is purchased or use the food raw material that does not accord with food safety standard, additive agent for food, provision relevant product.
Flaw of existence of the ticket that produces management food, additive agent for food, manual but do not affect food safety and won't cause misdirect to consumer, by safety of food of government of people of prefectural class above supervisory management department is instructed correct; Refus does not correct, be in 2000 yuan of the following amerce.
The 126th disobeys this code to decide, have one of following state, by safety of food of government of people of prefectural class above supervisory management department is instructed correct, give a warning; Refus does not correct, be in 5000 yuan of above 50 thousand yuan of the following amerce; The clue is serious, order stop production stop business, till revoke licence:
(one) generator of food, additive agent for food was opposite by the regulation the food of the food raw material that purchase and production, additive agent for food undertakes examining;
(2) food production management company did not build food safety to run a system by the regulation, perhaps was not deployed by the regulation or groom, administrator of assessment food safety;
(3) licence and relevant proof file were not checked when food, additive agent for food produces operator stock with goods, perhaps was not built by the regulation and abide by replenish onr's stock to examine record of record, routine inspection test and sale record system;
(4) food production management company did not make food safety accident deal with plan;
(5) tableware, drink is provided and fill the recipient that puts immediate entry food, disinfection perhaps is cleaned without abluent, disinfection before using unqualified, or meal service facilities, equipment was not safeguarded regularly by the regulation, clean, desired result;
(6) the job that the personnel of the disease of safety of food of be a hindrance to that arrangement of food production operator did not acquire healthy proof to perhaps suffer from service of sanitation of the State Council to set pursues contacting immediate entry food;
(7) food operator did not ask to sell food by the regulation;
(8) company of health food production did not press a regulation to supervise management department to put on record to food safety, perhaps did not wait for a technology to ask to organize production by technology of the product recipe that put on record, production;
(9) infant recipe food produces an enterprise to did not wait for recipe of food raw material, additive agent for food, product, label to supervise management department to put on record to food safety;
(10) company of special provision production did not build production to quality runs a system and move effectively by the regulation, perhaps did not refer from regularly check a report;
(11) food production operator is not fixed safe to food state undertakes checking evaluating, perhaps produce management condition to produce change, did not press formulary processing;
(12) unit of the school, have dinner in asking the part such as orgnaization of young orgnaization, provide for the aged, construction site did not fulfill food safety to manage responsibility by the regulation;
(13) the person that food produces service of enterprise, meal to offer was not made by the regulation, executive production manages a process to control a demand.
Tableware, drink provides concentration to disinfect service unit to disobey this code to use water surely, use scour, disinfectant, the tableware that perhaps leaves factory, drink is provided did not press formulary certificate of proof and follow add alexipharmic qualification to prove, perhaps did not press a regulation to wrap mount to tag relevant content in independence, by sanitation of government of people of prefectural class above provision of the section before service according to gives punishment.
Product generator did not press what the product undertakes examining related the food that stipulates opposite is produced related food, supervise management department according to by safety of food of government of people of prefectural class above the first regulation gives punishment.
The person that edible produce is sold disobeys what Benfadi sets 65 times, supervise management department according to by safety of food of government of people of prefectural class above the first regulation gives punishment.
The punishment of the illegal behavior that to food production machines faker of small mill, food the 127th to wait, according to province, municipality, municipality directly under the Central Government makes decided specific management way carry out.
The 128th disobeys this code to decide, accident unit is in produce food safety postaccident to did not undertake dealing with, of the report, by concerned director the branch is instructed according to respective duty division of labor correct, give a warning; Hide, forge, destruction concerns evidence, order stop production stop business, confiscate illegal earning, be in 100 thousand yuan of above 500 thousand yuan of the following amerce; Cause serious consequence, revoke licence.
The 129th disobeys this code to decide, have one of following state, examine by discrepancy condition quarantine orgnaization according to 124 regulation gives Benfadi punishment:
(one) provide false data, the food that the entrance does not accord with our country food to bring countrywide home level, additive agent for food, provision is relevant product;
(2) the food that the entrance still does not have level of food safety state, the standard that did not refer place to carry out is examined via service of sanitation of the State Council, perhaps import the provision that uses production of new food raw material to perhaps import new breed of additive agent for food, food relevant product new breed, did not evaluate through security;
(3) the regulation of this law exports nonobservance food;
(4) importer instructs its according to in concerned director branch after the food that this law provides to recall is imported, still refus not recall.
Disobey this code to decide, the exporter outside importer was not built and observing entrance of food, additive agent for food and sale record system, condition perhaps produces system of enterprise examine and verify, examine by discrepancy condition quarantine orgnaization according to 126 regulation gives Benfadi punishment.
The 130th disobeys this code to decide, concentration trades the open of the market person, the person that bar rents, be on sale the food operator that the hold person of the meeting allows to did not obtain a license lawfully enters the market to sell food, perhaps did not fulfil the obligation such as examination, report, by safety of food of government of people of prefectural class above supervisory management department is instructed correct, confiscate illegal earning, be in 50 thousand yuan of above 200 thousand yuan of the following amerce; Cause serious consequence, order stop business, till sell license by gantry crane of the former ministry that send card; Make the legitimate rights and interests of consumer is damaged, ought to assume joint liability with food operator.
Edible produce terminal market disobeys what Benfadi sets 64 times, provision of the section before according to assumes responsibility.
The 131st disobeys this code to decide, network food trades the person that tripartite platform is offerred did not undertake to joining net food operator real name is registered, examine licence, perhaps did not fulfill a report, stop to offer a network to trade of the obligation such as platform service, by safety of food of government of people of prefectural class above supervisory management department is instructed correct, confiscate illegal earning, be in 50 thousand yuan of above 200 thousand yuan of the following amerce; Cause serious consequence, order stop business, till sell license by gantry crane of the former ministry that send card; Make the legitimate rights and interests of consumer is damaged, ought to assume joint liability with food operator.
Customer deals through network food tripartite platform buys food, its add up to right beneficial to be damaged, can to operator of the food that join a network or food producer seek redress. Network food trades the person that tripartite platform is offerred cannot offer the real name of net food operator, address and effective connection way, trade by network food compensation of the person that tripartite platform is offerred. Network food trades after the person that tripartite platform is offerred is compensated for, have right to operator of the food that join a network or food producer chases after countervail. Network food trades the person that tripartite platform is offerred is made more be helpful for customer acceptance, ought to fulfil its commitment.
The 132nd disobeys this code to decide, did not have food store by the requirement, carry and assemble and unassemble, supervise the branch such as management to be instructed according to respective duty division of labor by safety of food of government of people of prefectural class above correct, give a warning; Refus does not correct, order stop production stop business, be in 10 thousand yuan of above 50 thousand yuan of the following amerce; The clue is serious, revoke licence.
The 133rd disobeys this code to decide, refuse, obstruct, interference begins food safety to supervise examination, accident to investigate processing, risk to monitor zephyr danger to evaluate lawfully about branch, orgnaization and its staff member, by concerned director the branch orders stop production stop business according to respective duty division of labor, be in 2000 yuan of above 50 thousand yuan of the following amerce; The clue is serious, revoke licence; Form those who disobey action of public security government, give public security management punishment lawfully by public security mechanism.
Disobey this code to decide, to informing against a person in order to remove, blow of other perhaps way retaliates modificatory labor contract, ought to according to assumes responsibility about legal regulation.
The 134th food produces operator to because violate this statute,be decided 3 times in the accumulative total inside a year be instructed what punish beyond licence of stop production close down, revoke, by food safety supervisory management department orders stop production stop business, till revoke licence.
The 135th is produced by the food of revoke licence since the day that direct and operator and its legal representative, responsible director staff and personnel of other and direct responsibility decide to make from punishment food must not apply for to produce management license inside 5 years, perhaps be engaged in food producing management the job, hold the position of food to produce administrator of safety of management company provision.
Because food safety commits a crime to be sentenced what the set term of imprisonment punishs with torture, lifelong must not be engaged in food producing management to work, also do not manage administrator of company provision safety so that hold the position of food to produce.
Of before the member that food produces operator to recruit a person is disobeyed two regulations, control license of management department revoke by safety of food of government of people of prefectural class above.
The replenish onr's stock that operator of the 136th food performed this code to decide is checked wait for obligation, the food that sufficient evidence proves its do not know to purchase does not accord with food safety standard, can show its stock source according to the facts, lest grant,can punish, but the food that ought to confiscate its not to accord with food safety standard lawfully; Cause person, belongings other perhaps those who damage, assume liability to pay compensation lawfully.
The 137th disobeys this code to decide, assume food safety risk to monitor, personnel of orgnaization, technology offers the technology that the risk evaluates the work to be monitored phonily, evaluate information, the director staff that is in charge of directly to technical orgnaization lawfully and technical personnel give dismiss, discharge punish; Have hold of job seniority, by the director that grants its the qualification ministry gantry crane is sold hold industry letter.
The 138th disobeys this code to decide, identifier of food inspection agency, food member issue examine phonily of the report, be in charge of a branch by what award its aptitude or orgnaization cancel of this food inspection agency examine aptitude, those who confiscate a collection examine charge, be in examine charge is fivefold above is decuple and the following amerce, examine charge is not worth 10 thousand yuan, be in 50 thousand yuan of above 100 thousand yuan of the following amerce; The member be in charge of personnel and food identifier that is in charge of directly to food inspection agency lawfully gives dismiss or discharge punish; Bring about those who produce accident of major provision safety, the member that be in charge of personnel and food identifier to what be in charge of directly gives discharge disciplinary action.
Disobey this code to decide, get the personnel of food inspection agency of discharge punish, since the day that from punish the decision makes food inspection man must not be engaged in making inside 10 years; Because food safety violates behavior to be punished by criminal,perhaps examine phonily because of issueing the report is brought about produce accident of major provision safety to get the personnel of food inspection agency of discharge punish, lifelong must not be engaged in food inspection man making. Food inspection agency recruits the personnel that must not be engaged in food inspection man making, be in charge of a branch by what award its aptitude or orgnaization cancel of this food inspection agency examine aptitude.
Food inspection agency issue examine phonily report, make the legitimate rights and interests of consumer is damaged, ought to produce operator to assume joint liability with food.
The 139th disobeys this code to decide, attestation orgnaization issue false attestation verdict, approbate supervisory management department to confiscate the attestation charge of a collection by attestation, manage attestation cost fivefold above is decuple and the following amerce, attestation charge is not worth 10 thousand yuan, be in 50 thousand yuan of above 100 thousand yuan of the following amerce; The clue is serious, order stop business, till cancel attestation orgnaization approves a document, announce to the society; Be in charge of personnel and the attestation personnel that have direct responsibility to what be in charge of directly, cancel its hold job seniority.
Attestation orgnaization issue false attestation verdict, make the legitimate rights and interests of consumer is damaged, ought to produce operator to assume joint liability with food.
The 140th disobeys this code to decide, false conduct propaganda is made to food in advertisement, beguiling consumer, perhaps release did not obtain the health food advertising with advertisement content and approval file, approval abhorrent file, according to " law of advertisement of People's Republic of China " the regulation gives punishment.
Design of advertisement operator, promulgator, make, release false food advertisement, make the legitimate rights and interests of consumer is damaged, ought to produce operator to assume joint liability with food.
Other perhaps organization, individual is in social organization false advertisement recommends food to consumer in other perhaps and false conduct propaganda, make the legitimate rights and interests of consumer is damaged, ought to produce operator to assume joint liability with food.
Disobey this code to decide, guild of inspection agency of the branch such as food safety supervisory administration, food, food with advertisement other perhaps form recommends food to consumer, consumer organizes what with collection charge the means of interest of other perhaps obtain recommends food to consumer, by concerned director the branch confiscates illegal earning, give to the director staff that is in charge of directly and personnel of other and direct responsibility lawfully write down a serious offence, demote or dismiss punish; The clue is serious, give discharge disciplinary action.
Make false conduct propaganda to food and the clue is serious, by safety of food of government of provincial above people supervisory management department is decided to suspend selling this food, announce to the society; Still sell this food, by safety of food of government of people of prefectural class above supervisory management department confiscates illegal earning and the food of illegal sale, be in 20 thousand yuan of above 50 thousand yuan of the following amerce.
The 141st disobeys this code to decide, information of security of dispersed and fictional, false food, form those who disobey action of public security government, give public security management punishment lawfully by public security mechanism.
Media is dispersed and fictional, false of food security information, by concerned director the branch gives punishment lawfully, be in charge of personnel and personnel of other and direct responsibility to give disciplinary action to what be in charge of directly; Make citizen, legal person other perhaps legitimate rights and interests of the organization is damaged, assume lawfully remove an effect, recover reputation, compensation loss, make an apology wait for civil liability.
The 142nd disobeys this code to decide, government of people of place of prefectural class above has one of following action, mark serious offence disciplinary action to be in charge of personnel and personnel of other and direct responsibility responsibly to give directly; The clue is heavier, give demote or dismiss punish; The clue is serious, give discharge disciplinary action; Cause serious consequence, its are main chief still ought to hold oneself responsible for a serious mistake abdication:
(one) right in this administration happening the food safety accident inside area, not seasonable organization coordinates concerned branch to begin deal with effectively, cause undesirable effect or loss;
(2) safe to the regional provision of many link is being involved inside administrative area originally problem, organize punish not in time, cause undesirable effect or loss;
(3) conceal, accident of safety of food of newspaper of give false information, delay;
(4) this administration occurs accident of safety of particularly major provision inside area, perhaps produce accident of major provision safety continuously.
The 143rd disobeys this code to decide, government of people of place of prefectural class above has one of following action, to the director that is in charge of directly personnel and personnel of other and direct responsibility give warning, record a demerit to perhaps mark serious offence disciplinary action; Cause serious consequence, give demote or dismiss punish:
(one) the food safety of not affirmatory concerned branch supervises administrative responsibility, did not build whole journey of wholesome food safety to supervise administrative job mechanism and information to share a mechanism, did not fulfil food safety to supervise administrative system of job responsibility;
(2) the lash-up of food safety accident that did not control area of definitive edition administration beforehand case, perhaps produce food safety postaccident to did not establish an accident to deal with instantly by the regulation the direct orgnaization, lash-up that start beforehand case.
The 144th disobeys this code to decide, the branch such as supervisory administration of safety of food of government of people of prefectural class above, wholesome administration, agriculture administration has one of following action, mark serious offence disciplinary action to be in charge of personnel and personnel of other and direct responsibility responsibly to give directly; The clue is heavier, give demote or dismiss punish; The clue is serious, give discharge disciplinary action; Cause serious consequence, its are main chief still ought to hold oneself responsible for a serious mistake abdication:
(one) conceal, accident of safety of food of newspaper of give false information, delay;
(2) did not investigate food safety accident by the regulation, perhaps receive report of food safety accident to be handled not in time, cause a thing to reason expands or spread;
(3) via food safety the risk is evaluated reach the product is insecure related food, additive agent for food, food after conclusion, take corresponding step not in time, cause food safety accident influence of undesirable perhaps society;
(4) permit to according with applicant allow of the condition, perhaps surmount license of allow of legal powers and authorities of office;
(5) nonperformance food safety supervises administrative responsibility, bring about produce food safety accident.
The 145th disobeys this code to decide, the branch such as supervisory administration of safety of food of government of people of prefectural class above, wholesome administration, agriculture administration has one of following action, cause undesirable consequence, to the director that is in charge of directly personnel and personnel of other and direct responsibility give warning, record a demerit to perhaps mark serious offence disciplinary action; The clue is heavier, give demote or dismiss punish; The clue is serious, give discharge disciplinary action:
(one) after learning information of concerned food security, did not press a regulation to be mixed to ranking administrator branch this class people government reports, perhaps did not press a regulation to be reported each other;
(2) did not announce food safety news by the regulation;
(3) nonperformance is legal duty, safe to investigating food illegal behavior does not deserve to close, or fraud of misuse of authority, derelict, practise favouritism.
The branch such as supervisory administration of safety of the 146th food is fulfilling food safety to control government in duty process, break the law to wait executive examination, compulsively execute the law measure, to production operator causes losing, ought to give lawfully compensation, to the director that is in charge of directly personnel and personnel of other and direct responsibility give disciplinary action lawfully.
The 147th disobeys this code to decide, cause person, belongings other perhaps damage, assume liability to pay compensation lawfully. When manufacturing operator belongings can't assume civil liability to pay compensation and pay amerce, fine at the same time, assume civil liability to pay compensation first.
Because the 148th consumer does not accord with what the food of food safety standard is damaged, can to loss of operator seek redress, OK also to loss of generator seek redress. Receive consumer to compensate for the manufacturing operator of the requirement, ought to execute head bear the blame make, compensate of go ahead of the rest pays, do not get shuffle; Attribute generator responsibility, the person that there is Quan Xiangsheng to produce after operator is compensated for chases after countervail; Attribute operator responsibility, there is authority to chase after countervail to operator after generator is compensated for.
The food that production does not accord with food safety standard perhaps is managed knowing perfectly well is the food that does not accord with food safety standard, consumer eliminates seek redress loss outside, OK still to generator or operator asks to pay cost decuple or loss the compensation of 3 times; The amount that increases compensation is not worth 1000 yuan, it is 1000 yuan. But, existence of the label of food, manual does not affect food safety and the except of the flaw that won't cause misdirect to consumer.
The 149th disobeys this code to decide, those who make crime, investigate criminal duty lawfully.
Supplementary articles of the 10th chapter
This the 150th law is following the meaning of diction:
Food, the finished product that shows all sorts of edible that lay a person are drinkable perhaps and raw material and according to traditional since food it is Chinese traditional medicine the article of material, but the goods that does not include to be a purpose in order to treat.
Food safety, show food is avirulent, harmless, accord with ought to some nutrient requirements, do not cause any acute, subacute chronic perhaps harm to human body health.
Pack food beforehand, point to ration is packed or make the provision in the material that pack, container beforehand.
Additive agent for food, show to improve food character is mixed color, sweet, flavour and the artificial synthesis in adding provision for the anticorrosive, need that last and machines craft are natural perhaps material, include nutrient aggrandizement agent.
Use at the packing material of food and container, point to pack, Cheng Fang food or the goods such as the paper that additive agent for food uses, bamboo, wood, metal, enamel, pottery and porcelain, plastic, balata, natural fiber, chemical fiber, glass and direct contact food or the coating of additive agent for food.
Use at food to produce management tool, equipment, point to in food food perhaps is contacted directly in production of additive agent for food, sale, use process or the machinery of additive agent for food, conduit, conveyer belt, container, appliance, tableware.
Use at the scour of food, disinfectant, point to use at catharsis to perhaps disinfect food, tableware, drink to provide directly and the tool that contacts food directly, equipment or the material of the food material that pack and container.
Food expiration period, show food carries the term of character below indicating reserve requirement.
Feed source sex disease, the disease such as the infection sex that because element enters human body to cause,disease causes in pointing to food, toxic sex, include bromatoxism.
Food safety accident, point to pollution of disease of the sex that feed a cause, food to wait result from food, have the accident that endanger or has a harm possibly to human body health.
The 151st turns the food safety of gene food and salt manages, this law did not make a provision, the regulation of applicable and other law, administrative regulations.
The administrative measure of safety of the food in operation of the 152nd railroad, civil aviaton supervises management department to concern sectional according to jointly with the State Council by safety of food of the State Council this legal system is decided.
The specific government measure of health food supervises management department according to by safety of food of the State Council this legal system is decided.
The specific government measure that the product produces an activity related food supervises management department according to by safety of food of the State Council this legal system is decided.
The supervisory government of territory port food examines by discrepancy condition this law and the regulation of concerned law, administrative regulations carry out quarantine orgnaization according to.
The food safety of legionary and special provision and self-confessed food runs way by according to of central war council this law is made.
Basis of the 153rd the State Council needs actually, can supervise administrative system to make to food safety adjust.
This the 154th law applies since October 1, 2015.
