Chapter One   General Provisions

Article 1 The Regulation herein was formulated in accordance with the Food Safety Law of the People’s Republic of China (hereinafter referred to as Food Safety Law).

Article 2 The people’s governments at or above the county level shall perform the duties prescribed in the Food Safety Law, strengthen the construction of supervision and administration capacity of food safety to provide safeguard for food safety supervision and administration; and establish and improve the coordination mechanism for food safety supervisory and management departments and integrate and perfect the food safety information network to realize the sharing of food safety information and technical resources including food inspection.

Article 3 The food producers and traders shall, in accordance with laws, regulations and food safety standards, carry out productive and operational activities, establish and improve the food safety management system and adopt efficient management measures to ensure food safety.

The food producers and traders shall be responsible for the safety of produced and trade food themselves as well as society and the public, and also bear social responsibility.

Article 4 The food safety supervision and administration departments shall publicize food safety information and provide convenience for the public to make consultations, complaints and accusations according to the provisions of the Food Safety Law and the Regulation herein. And any organization and individual shall have the right to know food safety information from relevant departments.

Chapter Two Food Safety Risk Monitoring and Assessment

Article 5 The state food safety risk monitoring plan prescribed in Article 11 of the Food Safety Law shall be formulated by the administrative department of public health under the State Council together with such departments as the department in charge of supervision and control over product quality and the industrial and commercial administration under the State Council and the state food and drug supervision and administration department as well as the commercial, industrial and information departments under the State Council according to the requirements for the work including food safety risk assessment, the formulation and revision of food safety standards and food safety supervision and administration.

Article 6 The administrative departments of public health of the People’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the departments at the same level of quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce and industry and information, in accordance with the provisions of Article 11 of the Food Safety Law, to formulate the food safety risk monitoring planning for their administrative regions and report to the administrative department of public health under the State Council for filing.

   The administrative department of public health under the State Council shall notify the filing to the departments of quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration department as well as the departments of commerce, industry and information under the State Council.

Article 7 The administrative department of public health under the State Council shall, when necessary, also adjust the state food safety risk monitoring plan according to the information related to diseases in the reports of medical institutions, apart from the adjustment based on the provisions of Article 12 of the Food Safety Law.

   In the wake of the adjustment of the state food safety risk monitoring plan, the administrative departments of public health of provinces, autonomous regions and municipalities directly under the Central Government shall integrate the specific situations of their own administrative regions to make corresponding adjustment.

Article 8 Medical institutions shall, when finding the accepted patients are food origin disease patients, food poisoning patients or suspected food origin disease patients and food poisoning patients, timely report to the administrative departments of public health of the people’s governments at or above the county level where they are located the information related to the above-mentioned diseases.

   The administrative departments of public health that have received reports shall gather and analyze the information related to diseases, timely report to the people’s governments at the same level and simultaneously the superior administrative departments of public health, when necessary, and directly report to the administrative department of public health under the State Council and simultaneously the people’s governments at the same level and the superior administrative departments of public health.

Article 9 The food safety risk monitoring work shall be done by the technical institutions confirmed by the administrative departments of public health at or above the provincial level together with the departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration.

   The technical institutions conducting the food safety risk monitoring work shall, in accordance with the food safety risk monitoring plan and monitoring scheme, carry out the monitoring work to ensure the truth and accuracy of monitoring data, and according to the requirement of the food safety risk monitoring plan and monitoring scheme, submit the monitoring data and analysis results to the administrative departments of public health of the people’s governments at or above the provincial level and the departments transmitting monitoring tasks to lower level.

   The food safety risk monitoring personnel shall have access to the places related to breeding and planting of edible farm products, food production, food circulation or catering service while collecting samples and related data. The collected samples shall be paid at the market price.

Article 10 Where the results of the food safety risk monitoring analysis indicates there may exist the possibility of potential food safety hazard, the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall timely notify relevant information to the people’s governments at the prefecture and county level and their administrative departments of public health in the administrative regions.

Article 11 The administrative department of public health under the State Council shall collect and gather the food safety risk monitoring data and analyze the results, and make a circular to the departments of quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration departments as well as the departments of commerce, industry and information under the State Council.

Article 12 The administrative department of public health under the State Council shall organize food safety risk assessment in the following situations:

(1)    provide scientific basis for formulating or revising the national standards for food safety;

(2)    demand to confirm key fields and varieties of supervision and administration;

(3)    find new factors that possibly hazard to food safety;

(4)    judge whether some factor constitutes potential food safety hazard; and

(5)    other situations confirmed to be conducted risk assessment by the administrative department of public health under the State Council.

Article 13 The relevant departments of agriculture administration, quality supervision and industrial and commercial administration management under the State Council as well as the state food and drug supervision and administration department shall, when putting forward the suggestions of food safety risk assessment to the administrative department of public health under the State Council in accordance with the provisions of Article 15 of the Food Safety Law, provide the following information and data:

(1)    source and nature of risk;

(2)    relevant testing data and conclusion;

(3)    coverage of risk; and

(4)    other relevant information and data.

The relevant departments of agriculture administration, quality supervision, industrial and commercial administration management as well as food and drug supervision and administration at or above the county level shall coordinate with collection of the aforesaid information and data of food safety risk assessment.

Article 14 The administrative departments of public health and agriculture administration departments of the people’s governments at or above the provincial level shall timely make mutual notification of the relevant food safety risk monitoring and edible farm product quality safety risk monitoring information.

The administrative department of public health and agriculture administration department under the State Council shall timely make mutual notification of the relevant information of the food safety risk assessment and the edible farm product quality safety risk assessment results.

Chapter Three  Food Safety Standards

Article 15 The administrative department of public health under the State Council along with the departments of agriculture administration, quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration department as well as the commerce, industry and information departments under the State Council shall formulate the planning of the national standards for food safety and its implementation plan, which shall solicit opinions from the public.

Article 16 The administrative department of public health under the State Council shall select the units possessed of corresponding technical capacities to draw up the draft of the national standards for food safety, and advocate research institutions, educational institutions, learned societies, industry associations and other units to jointly draw up the draft of the national standards for food safety.

The administrative department of public health under the State Council shall publicize the draft of the national standards for food safety to society and solicit opinions from the public.

Article 17 The national food safety standards evaluation committee prescribed in Article 23 of the Food Safety Law shall be organized by the administrative department of public health under the State Council.

The national food safety standards evaluation committee shall be responsible to review the scientificity and practicability of the draft of the national food safety standards.

Article 18 The administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall notify the enterprise standards that enterprise submits for filing in according with the provisions of Article 25 of the Food Safety Law to the departments at the same level of agriculture administration, quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce, industry and information.

Article 19 The administrative department of public health under the State Council and the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct tracking evaluation on the implementation of the national food safety standards and the local food safety standards and organize revision of food safety standards at proper time based on the results of evaluation with the departments at the same level of agriculture administration, quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce, industry and information.

The departments of agriculture administration, quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce, industry and information under the State Council and of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall collect and assemble the problems in the implementation of food safety standards and timely notify to the administrative departments of public health at the same level.

Where any food producer, trader or food industry association finds problems in the implementation of food safety standards, he shall immediately report to the food safety supervision and administration department.

Chapter Four   Food Production or Marketing

Article 20 Any food production enterprise shall check the name of enterprise in advance and handle the industrial and commercial registration after acquiring the food production license in accordance with the Food Safety Law. The quality supervision and administration departments at or above the county level shall, in accordance with relevant laws and administrative regulations, examine and verify related data, check production places and test relevant products. For those enterprises whose relevant data and places satisfy the prescribed requirements and relevant products meet the food safety standards or demands, licensing decision shall be made.

Other food producers and traders shall handle industrial and commercial registration after acquiring corresponding food production, food circulation, and catering service licenses by law. Where laws and regulations make other provisions for food production and processing individual workshops and food vendors, such provisions shall be applied to.

The validity period of food production, food circulation and catering licenses shall be 3 years.

Article 21 Where the production and operation conditions of any food producer or trader change and no longer meet the requirement for food production and operation, the food producer or trader shall immediately take measures of making corrections; where any food producer or trader has the potential risk of food safety accidents, he shall immediately suspend food production or operation activities and report to the department of quality supervision, industrial and commercial administration management or food and drug supervision and administration at the prefecture or county level. Those who need to renew the formalities of licensing shall be handled by law.

The departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration at or above the county level shall strengthen the daily supervision and inspection on the production and operation activities of food producers and traders. Where any situation doesn’t meet the requirement of food production or operation, order shall be given to make corrections and punishments shall be imposed on by law. Those not qualified for the conditions of production and operation license any more shall be revoked relevant licenses by law.

Article 22 Food production and trading enterprises shall, in accordance with Article 32 of the Food Safety Law, organize staff to participate in the training of food safety to learn food safety laws, regulations, rules, standards and other food safety knowledge and establish the training files.

Article 23 The food producers and traders shall, based on Article 34 of the Food Safety Law, establish and implement the employed person physical check-up system and health record system. Where any staff engaging in ready-to-eat foods takes one of diseases hindering food safety including dysentery, typhoid, viral hepatitis type A, viral hepatitis type E and other infectious diseases of digestive tract as well as active tuberculosis, purulent or exudative skin diseases, the food producer or trader shall assign him to the post not affecting food safety.

The food producers and traders shall conduct physical examination in accordance with the provisions of Clause 2 of Article 34 of the Food Safety Law and the issues including physical check-up items shall meet the provisions of the province, autonomous regions and municipalities directly under the Central Government where they are domiciled.

Article 24 The food production and trading enterprises shall, in accordance with Clause 2 of Article 36, Clause 1 of Article 37 and Clause 2 of Article 39 of the Food Safety Law, set up the raw materials purchase check record system and the food ex-factory check record system to faithfully record the issues prescribed in the Food Safety Law or keep purchase or sale receipts with related information. The retention period of records and receipts shall be no less than 2 years.

Article 25 The group food production enterprises conducting centralized and unified purchase of raw materials shall render the headquarters of them to conduct unified examination and check on the licenses and qualification certification documents of products of suppliers, and do the record of raw materials purchase check. The food raw materials failing to provide qualification certification documents shall be examined and checked according to the food safety standards.

Article 26 The food production enterprises shall and implement the food safety administration system of raw materials procurement verification, safety management in production, storage management, equipment management and non-conforming products management and constantly perfect the food safety system to ensure food safety.

Article 27 The food production enterprises shall, to ensure the ex-factory foods meet food safety standards, formulate and implement the control requirement for the following items:

(1)    control of raw materials purchase, verification and batch charging;

(2)    control of key production links including production process, equipment, storage and package;

(3)    control of inspection on raw materials, semi-finished products and finished products; and

(4)    control of transportation and delivery.

Where any situation fails to meet the requirement of control in the food production, the food production enterprises shall immediately find out the cause and adopt measures to make corrections.

Article 28 The food production enterprises shall also faithfully record the safety management in the food production apart from conducting the raw materials purchase check record and the food ex-factory check record in accordance with Article 36 and 37 of the Food Safety Law. The retention period of records shall be no less than 2 years.

Article 29 The enterprises running food wholesale business shall faithfully record such content as the names, sizes, quantity, production batch, and guarantee period of wholesale foods, names or titles of purchasers and contact ways, and sales dates, or keep the sales receipts with relevant information while selling foods. The retention period of records and receipts shall be no less than 2 years.

Article 30 The state encourages the food producers and traders to adopt advanced technical means to record the items prescribed in the Food Safety Law and the Regulation herein.

Article 31 The catering service providers shall formulate and implement the demand for raw materials purchase control to ensure the purchased raw materials reach the food safety standards.

The catering service providers shall examine the foods and raw materials to be processed in the production, and shall not process or use those of spoilage or other unusual sensory properties.

Article 32 The catering service enterprises shall regularly maintain the facilities and equipment of food processing, storage and display, and clean, adjust and test heat preservation facilities as well as cold store and refrigeration facilities.

The catering service providers shall, in accordance with requirements, rinse and sterilize tableware and kitchenware and shall not use the tableware and kitchenware without being cleaned and sterilized.

Article 33 For the foods recalled in accordance with Article 35 of the Food Safety Law, the food producers shall conduct innocent treatment or destruction to prevent them from flowing into market again. For the foods recalled for labels, marks or specifications fail to meet the food safety standards, the food producers shall continuously sell them under the circumstances where the remedial measures are adopted and food safety can be guaranteed, but the remedial measures shall be shown to consumers while selling.

The departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration at or above the county level shall record the situations where the food producers recall the foods failing to meet the food safety standards and the food traders suspend selling the foods failing to meet the food safety standards into the food safety credit files of the food producers and traders.