Article 34 The applicants shall give reasons for application of recheck to the food inspection institutions conducting recheck (hereinafter referred to as recheck institutions) in accordance with Clause 3 of Article 60 of the Food Safety Law.

The directory of the recheck institutions shall be publicized jointly by the departments of certification and accreditation supervision and administration, sanitary administration and agriculture administration under the State Council. The recheck conclusion issued by the recheck institutions shall be the final one.

The recheck institution shall be selected by the recheck applicant himself. The recheck institution and the initial check institution shall not be the same one.

Article 35 Where any food producer or trader holds the different opinion on the conclusion of sampling inspection conducted according to Article 60 of the Food Safety Law and files an application, and if the recheck conclusion indicates that the foods are qualified, the recheck fees shall be paid by the sampling inspection department; if not, vise versa.

Chapter Six  Food Import and Export

Article 36 The food importer shall hold necessary vouchers including contract, invoice, packing list and bill of loading as well as relevant approval documents to apply for quarantine inspection to the entry and exit inspection and quarantine bureau in the place where the customs declaration is made. Imported foods shall be up to the standards through the entry and exit inspection and quarantine bureau. The customs shall let them pass based on the clearance certification issued by the entry and exit inspection and quarantine bureau.

Article 37 The food import, importing the foods without the national food safety standards or for the first time importing new food additive varieties and new varieties of products related to foods, shall submit the licensing certification documents prescribed in Article 63 of the Food Safety Law to the entry and exit inspection and quarantine bureau, which shall conduct inspection and quarantine according to the requirement of the administrative department of public health under the State Council.

Article 38 The state entry and exit inspection and quarantine bureau shall, in accordance with Article 12 of the Food Safety Law, report to the administrative department of public health under the State Council while finding the materials the national food safety standards hasn’t provided for and are likely to hazard to people’s health.

Article 39 The outbound food production enterprise exporting foods to China shall conduct registration in accordance with Article 65 of the Food Safety Law, with the validity period of registration being 4 years. For those registered outbound food production enterprises which offer fake materials or major food safety accidents occur to related imported foods caused by the outbound food production enterprises, the state entry and exit inspection and quarantine bureau shall revoke their registration and make publication.

Article 40 The imported food additives shall contain Chinese labels and specifications, which shall reach the provisions of the Food Safety Law and other Chinese relevant laws and administrative regulations as well as the national food safety standards and state clearly the place of origin of food additives and names, addresses and contact ways of inbound agents. The food additives shall not be imported without Chinese labels, and specifications or with Chinese labels and specifications failing to meet the provisions herein.

Article 41 The entry and exit inspection and quarantine bureau shall, in accordance with Article 62 of the Food Safety Law, conduct inspection on imported foods and supervision and random inspection on imported foods according to Article 68 of the Food Safety Law, with the concrete measures formulated by the state entry and exit inspection and quarantine bureau.

Article 42 The state entry and exit inspection and quarantine bureau shall set up the information gathering network and in accordance with Article 69 of the Food Safety Law, collect, integrate and notify the following information:

(1)    the food safety information discovered by the entry and exit inspection and quarantine bureau in the imported and exported foods;

(2)    the imported food safety information reflected by industry association or consumer;

(3)    food safety information and risk pre-warning issued by international organization or outbound governmental agency as well as food safety information reflected by outbound industry association or consumer; and

(4)    other food safety information.

The departments that have received the circular shall, when necessary, adopt corresponding treatment measures.

The food safety supervision and administration department shall timely notify the informed information involving imported and exported food safety to the state entry and exit inspection and quarantine bureau.

Chapter Seven  Handling of Food Safety Accidents

Article 43 The units where food safety accidents have occurred shall immediately take control measures including sealing up for safekeeping on foods, raw materials, tools and devices that have caused or may cause food safety accidents and report to the administrative departments of public health of the people’s governments at or above the county level where they are domiciled within 2 hours as of the occurrence of accidents.

Article 44 The investigation of food safety accident shall adhere to the principle of seeking truth from facts and respecting for science, timely and accurately find out the nature and cause of accident, affirm accident liability and put forward the measures to make corrections.

The departments participating in the investigation of food safety accidents shall cooperate based on division of labor and synergy under the unified organization and coordination of the administrative department of public health in a bid to raise the work efficiency of accident investigation and handling.

The measures for investigation and handling of food safety accident shall be formulated by the administrative department of public health under the State Council jointly with other State Council relevant departments.

Article 45 The departments participating in the food safety investigation shall have the right to know about the information related to accident from relevant units and individuals and require them to provide interrelated data and samples.

Relevant units and individuals shall coordinate with the investigation and handling of food safety accident, and not refuse to provide interrelated data and samples on request.

Article 46 Any unit or individual shall not thwart and intervene with the investigation and handling of food safety accident.

Chapter Eight  Supervision and Administration

Article 47 The annual plan for food safety supervision and administration formulated by the local people’s government at or above the county level in accordance with Article 76 of the Food Safety Law shall include food sampling inspection. Main and secondary foods especially for particular population including infants, the elderly and patients shall strengthen sampling inspection.

The departments of agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration at or above the county level shall conduct sampling inspection based on the annual plan for food safety supervision and administration. The fees of sampling inspection for sample purchase and inspection shall be paid by the finance at the same level.

Article 48 The people’s government at the county level shall uniformly organize and coordinate the departments of heath administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration to carry out supervision and administration on food producers and traders in the administrative regions by law, and pay more attention to the supervision and administration on the food producers and traders with relatively high accident risk of food safety.

After the administrative department of public health under the State Council has released the food safety risk warning information or received the food safety risk monitoring information notified by the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with Article 10 of the Regulation herein, the people’s governments at the prefecture and county level shall immediately organize the departments of health administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration at the same level to take the pointed measures to prevent food safety accident from happening.

Article 49 The administrative department of public health under the State Council shall, in accordance with disease information and supervision and administration information, publicize the directory and inspection methods of and for chemicals not for food use found to have been added or that may be added to foods as well as other substances that may harm people’s health. And the departments of 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 adopt corresponding measures of supervision and administration.

Article 50 The departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration may, in the food safety supervision and administration, adopt the fast inspection method affirmed by the departments of quality supervision and industrial and commercial administration management under the State Council as well as the state food and drug supervision and administration department to conduct the preliminary screening. The foods that may fail to meet the food safety standards based on the preliminary screening results shall be inspected according to Clause 3 of Article 60 of the Food Safety Law. The preliminary screening results shall not be taken as the basis of law enforcement.

Article 51 The daily food safety supervision and administration information prescribed in Clause 2 of Article 82 of the Food Safety Law includes:

(1)    situations where administrative licensing is conducted in accordance with the Food Safety Law;

(2)    the directory of foods, food additives and products related to foods that are ordered to suspend production and operation;

(3)    situations where illegal food production and operation is investigated and punished;

(4)    situations where special inspection and rectification is conducted; and

(5)    other daily food safety supervision and administration information prescribed in laws and administrative regulations.

Where the above-mentioned information involves the duties of two or above food safety supervision and administration departments, it shall be jointly issued by interrelated departments.

Article 52 The food safety supervision and administration department shall make interpretations and explanations of the possible hazards of relevant foods while releasing information in accordance with Article 82 of the Food Safety Law.

Article 53 The departments of health administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration shall publicize the E-mail addresses or telephones to receive consultations, complaints and reports, in accordance with Article 80 of the Food Safety Law, reply to, verify and handle the received consultations, complaints and reports, and record and keep them.

Article 54 The departments of industry and information and commerce under the State Council shall, based on duties, formulate the development planning and industrial policies for the food industry, take steps to boost the optimization of industrial structure, strengthen the guidance of the construction of honesty-credit system in the food industry and promote the sound development of the food industry.

Chapter Nine  Legal Liability

Article 55 Where the production and trading conditions of the food producers and traders have changed and failed to be handled according to Article 21 of the Regulations herein, the relevant competent departments shall order them to make corrections and impose warning on them. If serious consequences are caused, penalty shall be imposed in accordance with Article 85 of the Food Safety Law.

Article 56 Where the catering service provider formulates and implements the raw materials purchase control failing to comply with Clause 1 of Article 31 of the Regulation herein, penalty shall be imposed in accordance with Article 86 of the Food Safety Law.

Where the catering service provider inspects the foods and raw materials to be processed or still process and use the foods discovered to have gone bad or other unusual sensory properties failing to comply with Clause 2 of Article 31 of the Regulation herein, penalty shall be imposed in accordance with Article 85 of the Food Safety Law.

Article 57 Penalty shall, in accordance with Article 87 of the Food Safety Law, be imposed in the following situations:

(1)    where the food production enterprise fails to comply with Article 26 of the Regulation herein to set up and implement the food safety management system;

(2)    where the food production enterprise fails to comply with Article 27 of the Regulation herein to formulate and implement the production process control or there are situations that don’t meet the requirement of control in the food production and rectification measures are adopted without complying with provisions;

(3)    where the food production enterprise fails to comply with Article 28 of the Regulation herein to record safety management in the food production and keep relevant records;

(4)    where the trading enterprise engaging in food wholesale fails to comply with Article 29 of the Regulation herein to record and keep sales information or reserve sales receipts;

(5)    where the catering service enterprise fails to comply with Clause 1 of Article 32 of the Regulation herein to regularly maintain, rinse and adjust and test facilities and devices; and

(6)    where the catering service provider fails to comply with Clause 2 of Article 32 of the Regulation herein to rinse and sterilize tableware and kitchenware or use them without rinsing and sterilizing.

Article 58 Where food additives are imported without complying with Article 40 of the Regulation herein, they shall be confiscated by the entry and exit inspection and quarantine bureau. Where the goods value of illegally imported food additives is no less than RMB10,000, fine of more than RMB2000 and less than RMB50,000 shall be imposed. Where the goods value is more than RMB10,000, fine of more than twice and less than five times of the goods value shall be imposed.

Article 59 Where the medical institution fails to comply with Article 8 of the Regulation herein to report relevant diseases information, the administrative department of public health shall order it to make corrections and a warning shall be given.

Article 60 Where the unit in which food safety accident occurs fails to comply with Article 43 of the Regulation herein to adopt measures and report, in accordance with Article 88 of the Food Safety Law, penalty shall be imposed.

Article 61 Where the local people’s government at or above the county level fails to perform the legal duty of food safety supervision and administration so that in the administrative region occurs major food safety accident, which has caused serious social effect, such punishments as recording a serious demerit, degrading, dismissing or expelling shall be imposed on directly responsible persons-in-charge and other directly responsible persons by law.

Where the departments at or above the county level of health administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration or other relevant administrative departments fail to perform the legal duty of food safety supervision and administration, lack daily supervision and inspection or abuse authority, neglect their duties and play favouritism and commit irregularities, the punishment of recording a serious demerit or degrading shall be imposed on directly responsible persons-in-charge and other directly responsible persons by law; if serious consequences are caused, the punishment of dismissing or expelling shall be given, and the main responsible person shall take the blame and resign.

Chapter Ten  Supplementary Provisions

Article 62 The denotation of the following terms of the Regulation herein:

Food safety risk assessment refers to the scientific evaluation of possible detrimental effects on people’s health caused by biological, chemical and physical hazards in the foods and food additives, including hazards identification, depiction of hazards features, exposure assessment and depiction of risk features.

The catering service refers to the service activities of providing foods and consumption place and facilities for consumers through instant processing, commercial sales and service labor.

Article 63 The edible farm product quality safety risk monitoring and risk assessment shall be conducted by the agriculture administration of the people’s government at or above the county level in accordance with the Law on Agricultural Product’s Quality Safety of the People’s Republic of China.

The supervision and administration on foods at frontier ports shall be implemented by the entry and exit inspection and quarantine bureau in accordance with the Food Safety Law and the Regulation herein as well as relevant laws and administrative regulations.

The food and drug supervision and administration department shall conduct strict supervision and administration on the foods that have been claimed to have particular health care function, with the specific measures separately formulated by the State Council.

Article 64 The Regulation herein shall enter into effect as of the date of its promulgat