Procedures of Shanghai Municipality on the Information-tracing  Administration of Food Safety

 2018-10-23  1182


(Promulgated by Decree No. 33 of Shanghai Municipal People's Government

on July 27, 2015)

 

Article 1 (Purposes and Basis)

With a view to strengthening this Municipality food safety information-tracing administration, implementing the main responsibility of production operators, improving the effectiveness of food safety supervision, and protecting the public health and their rights of knowing the facts of products, these procedures are formulated in accordance with the provisions of relevant laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Information-tracing Category and Varieties)

This Municipality shall implement information-tracing administration over the following categories of food and edible agricultural products, which are produced (including planting, breeding and processing), distributed (including sales, storage and transportation) and catered by food service sectors in the administrative areas of ??this Municipality:

1. food and food products;

2. livestock and its products;

3. poultry, their produce and products;

4. vegetables;

5. fruits;

6. aquatic products;

7. bean products;

8. dairy products;

9. edible oil; and

10. other categories of food and edible agricultural products approved by the Municipal People Government.

The municipal food and drug supervision department shall, jointly with the municipal departments of agriculture, commerce, and health and family planning, identify the specific varieties of food and edible agricultural products under the information-tracing administration provided in the preceding clause (hereinafter referred to as the information-tracing food and edible agricultural products) and the time of implementing information-tracing administration, and release the above-mentioned information to the public after the approval of the Municipal Food Safety Committee.

Article 3 (Production Operators's Responsibilities)

The production operators of the information-tracing food and edible agricultural products shall, in accordance with the provisions of these Procedures, fulfill the corresponding obligations of information-tracing by using information technology, accept social supervision and assume social responsibilities.

The production operators of information-tracing food and edible agricultural products as mentioned in these Procedures include those enterprises engaged in the production and operation of information-tracing food and edible agricultural products, the farmers's professional cooperative economic organizations, the slaughter plants (slaughterhouses), the wholesale enterprises, the wholesale markets, the storage and distribution enterprises concurrently engaged in wholesale business, the standardized vegetable markets, the supermarket chains, the medium-sized grocery stores or those above, the group meal delivery units, the central kitchens, the school canteens, the medium-sized restaurants or those above as well as the catering chains.

Other production operators of information-tracing food and edible agricultural products are encouraged to take reference with the provisions of these Procedures to fulfill their corresponding information-tracing obligations.

Article 4 (Government Responsibilities)

The municipal and district/county people governments shall lead the food safety information-tracing work in their own administrative areas, include the funds required for food safety information-tracing work in the budgets at the same level, and conduct appraisal and assessment on the relevant departments's food safety information-tracing work.

Article 5 (Responsibilities of the Municipal Food and Drug Supervision Department)

The municipal food and drug supervision department shall be responsible for the organization promotion and comprehensive coordination of the food safety information-tracing work in this Municipality, and shall undertake specifically the following responsibilities:

1. building the city unified food safety information-tracing platform (hereinafter referred to as the food safety information-tracing platform) on the basis of integrating the relative information-tracing system(s) of food and edible agricultural products;

2. being responsible for the construction, operation and maintenance of the information-tracing system of food production and catering services;

3. formulating specific implementation schemes and relevant technical standards of these Procedures together with relevant departments; and

4. implementing supervision, administration and administrative law-enforcement over the information-tracing of food production and distribution, catering services and the circulation of edible agricultural products.

Article 6 (Responsibilities of the Municipal Competent Agriculture Administrative Department)

The municipal competent administrative department of agriculture shall assume the following responsibilities:

1. being responsible for the construction, operation and maintenance for the information-tracing system of edible agricultural products's cultivation, breeding and primary processing; and

2. implementing supervision administration and administrative law-enforcement on the information-tracing of agricultural products's cultivation, breeding, primary processing and livestock and poultry slaughter.

Article 7 (Responsibilities of the Municipal Competent Administrative Department of Commerce)

The municipal commerce administrative department shall assume the following responsibilities:

1. being responsible for the construction, operation and maintenance of the information-tracing system for the circulation of food and edible agricultural products, livestock and poultry slaughter; and

2. conducting guidance on and supervision over the fulfillment of their information-tracing obligations of the operators in the circulation of food and edible agricultural products  .

Article 8 (Responsibilities of Relevant District/County Departments)

The district/county departments of market regulation, agriculture, and commerce shall, in accordance with their respective functions and duties, be responsible for the supervision administration and administrative law-enforcement of the information tracing on the food and edible agricultural products in their own areas as well as other specific tasks in terms of the operation and maintenance of relative information-tracing system.

Article 9 (Responsibilities of Other Relevant Departments)

The entry-exit inspection and quarantine departments shall, according to the needs of food safety information-tracing administration, provide cooperatively the relevant information on the imported information-tracing food and edible agricultural products.

The departments of development & reform, finance, economy and informatization, and health and family planning shall, in accordance with their respective functions and duties, jointly do well in the work of food safety information-tracing.

Article 10 (Connection of the Information-tracing System and Platform)

The information-tracing system constructed by the municipal departments of food and drug administration, agriculture, and commerce shall be connected with the food safety information-tracing platform.

The qualified production operators, trade associations, and third-party institutions shall be encouraged to establish information-tracing systems of food and edible agricultural products, and connect them with the food safety information-tracing platform.

The municipal food and drug Supervision department shall, jointly with the municipal departments of agriculture and commerce, formulate the technical standards for connecting the food safety information-tracing platform with the information-tracing systems of governmental departments, production operators, trade associations as well as third-party institutions.

Article 11 (Industry Guidance)

The trade associations of food and edible agricultural production, distribution as well as catering services shall strengthen self-discipline, promote the construction of trade information-tracing system and credit system, carry out related publicity and training, and guide production operators to consciously fulfill their information-tracing obligations.

Article 12 (Electronic Files of Production Operators)

The production operators of information-tracing food and edible agricultural products shall upload their qualification documents including the enterprises's names, the names, addresses and contact information of the legal representatives or the persons in charge, and the operation licenses to the food safety information-tracing platform so as to establish the electronic files of production operators.

Where the information in the preceding clause has changed, the production operators of information-tracing food and edible agricultural products shall, within two days from the date of change, update the relevant contents of the electronic files.

Article 13 (Information Uploading Obligations of the information-tracing Food Production Enterprises)

The information-tracing food production enterprises shall upload the following information onto the information-tracing food safety platform:

1. the food ingredients of the purchased information-tracing food, food additives, the related food products's names, specifications, quantity, production dates or batch numbers, shelf life, purchase dates and suppliers's names, addresses and contact information;

2. the names, specifications, quantity, production dates or batch numbers, shelf life, inspection certificate numbers and sale dates of the information-tracing food products that have been sold from the factory and the buyers's names, addresses, and contact information.

Article 14 (Information Uploading Obligations of the Production Enterprises of Information-tracing Edible Agricultural Products)

The production enterprises of information-tracing edible agricultural products, the farmers's professional cooperative economic organizations and slaughter plants (slaughterhouses) shall upload the following information onto the food safety information-tracing platform:

1. the names, sources, usage, dosage, and the date of use and withdrawal of the utilized agricultural inputs;

2. the occurrence and control of animal epidemics and plant diseases and insect pests;

3. the dates of harvest, slaughter or catch;

4. the names, quantity, sale dates of the information-tracing edible agricultural products that have been sold on the market and the buyers's names, addresses and contact information; and

5. the certificates of origin, quality and safety inspection and animal quarantine of the information-tracing edible agricultural products that have been sold on the market.

Article 15 (Information Uploading Obligations of Wholesale Operators)

The wholesale enterprises of information-tracing food and edible agricultural products, the managers of wholesale markets and the storage and distribution enterprises concurrently engaged in the wholesale business of the information-tracing food and edible agricultural products shall upload the following information onto the food safety information-tracing platform:

1. the names, quantities, purchase dates, sale dates, of the information-tracing food and edible agricultural products as well as the suppliers's and buyers's names, addresses and contact information;

2. the names of food producers, dates of production or batch numbers, and shelf life of the information-tracing food; and

3. the certificates of origin, quality and safety inspection, and animal quarantine of information-tracing edible agricultural products.

Article 16 (Information Uploading Obligations of Retail Operators)

The managers of standardized vegetable markets, the supermarket chains as well as the medium-sized food stores or those above shall upload the following information onto the food safety information-tracing platform:

1. the names, quantities, purchase dates, and sale dates of the information-tracing food and edible agricultural products that they deal as well as the suppliers's names, addresses and contact information;

2. the producers's names, production dates or batch numbers, and shelf life of the information-tracing food that they deal; and

3. the certificates of origin, the quality and safety inspection and animal quarantine of the information-tracing edible agricultural products that they deal.

Article 17 (Information Uploading Obligations of Catering Service Providers)

Group meal delivery units, central kitchens, school canteens, medium-sized restaurants or those above as well as the catering chains shall upload the following information onto the food safety information-tracing platform:

1. the names, quantities, purchase dates, and delivery dates of the information-tracing food and edible agricultural products that they have purchased as well as the suppliers's names, addresses and contact information;

2. the producers's names, production dates or batch numbers, and shelf life of the information-tracing food that they have purchased; and

3. the certificates of origin, quality and safety inspection and animal quarantine of the information-tracing agricultural products that have been purchased directly from the producers of edible agricultural products or from the farmers's professional cooperative economic organizations.

Group meal delivery units and central kitchens shall also upload the names, addresses and contact information of the recipients or distribution stores onto the food safety information-tracing platform.

Article 18 (Requirements and Modes for Information Uploading)

The production operators of information-tracing food and edible agricultural products shall, within 24 hours after the delivery of information-tracing food and edible agricultural products, upload the relevant information onto the food safety information-tracing platform according to the provisions of these Procedures.

The production operators of the information-tracing food and edible agricultural products shall be responsible for the authenticity of the information uploaded.

The production operators of the information-tracing food and edible agricultural products may upload the information either by way of the information-tracing system connected with the food safety information-tracing platform or directly uploading the information onto the food safety information-tracing platform.

Article 19 (Information Transmission)

The production operators included already in this Municipality information tracing system of edible agricultural product safety circulation, such as the wholesale enterprises, the managers of wholesale markets and standardized vegetable markets, as well as the storage and distribution enterprises concurrently engaged in wholesale business, and supermarket chains shall use the internet of things and other information technology to conduct information transmission.

The municipal food and drug supervision department shall develop specific programs together with the municipal departments of agriculture, and commerce for those production operators of information-tracing food and edible agricultural products that need to conduct information transmission but are not included in the provisions of the preceding clause, and inform the public thereof upon the approval by the Municipal Food Safety Committee.

Article 20 (Other Provisions)

The operators in the wholesale markets and standardized vegetable markets shall cooperate with the markets's managers to fulfill the corresponding information-tracing obligations.

The production operators of information-tracing food and edible agricultural products that practice unified distribution mode of operation may conduct corporate headquarters's uniform purchase inspection, and upload the relevant information onto the food safety information-tracing platform.

Article 21 (Protection of the Consumers's Right to Know)

Consumers have the right to inquire the source of the information-tracing food and edible agricultural products via the food safety information-tracing platform and special inquiry equipment.

The production operators of information-tracing food and edible agricultural products shall, in accordance with the requirements of consumers, provide them with the sources of information-tracing food and edible agricultural products.

Production operators shall be encouraged to initiatively make known to the public the names and qualification documents of the suppliers of the information-tracing food and edible agricultural products, the inspection results and other information in the production operational premises or enterprises's websites to accept the consumers's supervision.

Where a consumer finds any production operator of the information-tracing food and edible agricultural products has the act of violating the provisions of these Procedures, he/she may make complaints and reports via the food safety information-tracing platform or food safety complaint telephone. The departments of food and drug supervision, market supervision, and agriculture shall, in accordance with their own respective functions and duties, verify and deal with the case in a timely manner, and the results shall be informed to the complainant(s).

Article 22 (Government Service)

The departments of food and drug supervision, market supervision, agriculture, and commerce shall provide guidance, training and other services by themselves or entrusting the relevant trade associations, third party organizations for the production operators of information-tracing food and edible agricultural products to upload information, transmit information as well as connect information-tracing systems with the food safety information-tracing platform.

Article 23 (Supervision and Management)

The departments of food and drug supervision, market supervision, and agriculture shall bring the food safety information-tracing administration into their annual supervisory plans, and by regular verification and supervisory spot check, strengthen the supervision and inspection over the production operators's fulfillment of their food safety information-tracing obligations, and shall enter the relevant information in their credit files.

Article 24 (Legal Liability of Production Operators of Information-tracing Food and Edible Agricultural Products for Violating the Relevant Provisions)

Any production operator of the information-tracing food and edible agricultural products that has one of the following acts, in violation of the provisions of Article 12 to Article 17, or Clause 1 of Article 18, shall be ordered to make a correction by the departments of food and drug supervision, market supervision, and agriculture in accordance with their own respective functions and duties; in the case that anyone refuses to make the correction, a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed on him/her:

1. failing to upload as required its name, legal representative or the name, address, and contact information of the person responsible, the production and business license and other qualifications documents, or failing to update in a timely manner the related contents of electronic files after the information has changed; or

2. failing to upload in a timely manner the relevant information onto the food safety information-tracing platform as required.

Any production operator of the information-tracing food and edible agricultural products, in violation of the provisions of Clause 2 of Article 18, deliberately uploading false information, shall be imposed on a fine of not less than 5,000 yuan but not more than 20,000 yuan by the departments of food and drug supervision, market supervision, and agriculture in accordance with their own respective functions and duties.

Any production operator, in violation of Clause 2 of Article 21, refusing to provide consumers with the sources of the information-tracing food and edible agricultural products, shall be ordered to make a correction and given a warning by the departments of food and drug supervision, market supervision, and agriculture in accordance with their own respective functions and duties.

Article 25 (Administrative Responsibility)

The departments of food and drug supervision, market supervision, agriculture, and commerce as well as their staff have one of the following acts in violation of the provisions of these Procedures, causing adverse consequences or impacts, shall be given a warning or demerit recording to the executive(s) directly responsible and other person(s) directly liable by their own units or higher competent administrative departments according to the law; if the circumstances are relatively serious, major demerit or demotion shall be given; if the circumstances are serious, they shall be removed from office:

1. failing to fulfill the responsibilities of construction, or operation and maintenance of the related information tracing system and platform;

2. failing to fulfill the responsibilities of food safety information tracing management; or

3. failing to verify and deal with the complaints and reports, or failing to inform the complainant(s) of the complaint results.

Article 26 (Meaning of the Related Terms)

The term of the medium-sized food stores or those above's in these Procedures refers to those food stores whose premises are of 200 square meters or above.

The term of the medium-sized restaurants or those above's in these Procedures refers to those restaurants whose premises are of 150 square meters or above, or with 75 seats or above.

The term of the standardized vegetable markets's in these Procedures refers to the fixed places specializing mainly in the retail business of food and edible agricultural products, and in conformity with the establishment and management standards of the relevant vegetable markets in this Municipality.

Article 27 (Effective Date)

These Procedures shall be effective as of October 1, 2015.