Implementing Regulations of the Food Safety Law of China
2018-04-01 1326
Implementing
Regulations of the Food Safety Law of the People's Republic of China (Revised
in 2016)
Order of the State Council No. 666
February 6, 2016
(Promulgated by the Order of the State Council of the People's Republic of
China No. 557 on July 20, 2009; and revised in accordance with the Decision of
the State Council on Revising Certain Administrative Regulations on February 6,
2016)
Chapter I General Provisions
Article 1 These Implementing Rules are formulated in accordance with the Food
Safety Law of the People's Republic of China (hereinafter referred to as the
Food Safety Law).
Article 2 The local people's government at the county level or above shall
perform their duties as stipulated in the Food Safety Law, strengthen the
ability to supervise over and administrate food safety and provide guarantees
for the supervision and administration of food safety; establish and improve a
mechanism for the food safety supervision and administration department to
coordinate and cooperate, integrate and improve the food safety information
network, and achieve the sharing of food safety information and technology
resources such as food inspection.
Article 3 Food producers and traders shall engage in production and operation
activities according to laws, regulations and food safety standards, establish
and improve food safety administration system, and take effective management
measures to guarantee food safety.
Food producers and traders shall be responsible for the safety of the food they
produce and trade, be responsible for the society and the public, and assume
social responsibility.
Article 4 The food safety supervision and administration departments shall
publish food safety information, and provide convenience for the public to
consult, complain and report in accordance with the provisions of the Food
Safety Law and these Implementing Rules. Any organization or individual is
entitled to inquire relevant departments about food safety information.
Chapter II Monitoring and Assessment of Food Safety Risk
Article 5 The national monitoring plan for food safety risk as stipulated in
Article 11 of the Food Safety Law shall be formulated by the health
administration department under the State Council in conjunction with the
quality supervision department, administration department for industry and
commerce, food and drug supervision and administration department under the
State Council as well as the commercial department and administration
department for industry and technology information according to the needs of
work in respect of food safety risk assessment, formulation and revision of
food safety standards and food safety supervision and administration, etc..
Article 6 The health administration department of the people's government of
each province, autonomous region, municipality directly under the Central
Government shall organize the quality supervision department, administration
department for industry and commerce, food and drug supervision and
administration department, commercial department, industry and technology
information department etc. at the same level to formulate a monitoring scheme
for food safety risk within its administrative region in accordance with the
provisions of Article 11 of the Food Safety Law, and file with the health
administration department under the State Council for the record.
The health administration department under the State Council shall circulate
the filing information to the quality supervision department, administration
department for industry and commerce, food and drug supervision and
administration department under the State Council as well as the commercial department
and administration department for industry and technology information, etc..
Article 7 The health administration department under the State Council in
conjunction with relevant departments, in addition to making adjustments to the
national monitoring plan for food safety in accordance with the provisions of
Article 12 of the Food Safety Law, shall make adjustments to the same when
necessary according to the disease information reported by medical
institutions.
After the national monitoring plan for food safety risk has been adjusted, the
health administration departments of the people's government in all provinces,
autonomous regions and municipalities directly under the Central Government
shall make corresponding adjustments to the monitoring scheme for food safety
risk of their respective regions in line with the specific circumstances within
their administrative regions.
Article 8 In case a medical institution discovers the patient it receives is a
patient with food borne disease or food poisoning, or is suspected of being a
patient with food borne disease or food poisoning, it shall report relevant
disease information to the health administration department of the people's
government at the county level where it locates in a timely manner.
The health administration department receiving the report shall summarize and
analyze relevant disease information, and report the same to the people's
government at the same level and the health administration department at higher
levels in time; it may directly report to the health administration department
under the State Council when necessary and simultaneously to the people's
government at the same level and the health administration departments at high
levels.
Article 9 The monitoring work of food safety risk shall be undertaken by the
technology organizations determined by the health administration department of
the people's government at the provincial level or above in conjunction with
the quality supervision department, administration department for industry and
commerce, food and drug supervision and administration department, etc..
The technology organizations undertaking the monitoring work of food safety
risk shall conduct monitoring work according to the monitoring plan for food
safety risk and monitoring scheme, ensure the monitoring data to be authentic
and accurate, and submit the monitoring data and analysis result to the health
administration department at the provincial level or above and to the
department assigning the monitoring task according to the requirements of the
monitoring plan and monitoring scheme for food safety risk.
When collecting samples and relevant data, monitors for food safety risk may
enter into relevant places such as edible agricultural product planting and
breeding place, food production plant, food circulating place and catering
service place. When collecting samples, relevant fees shall be paid according
to the market price.
Article 10 In case the analysis result of food safety risk monitoring shows
that there might be hidden food safety problems, the health administration
department of the people's government of each province, autonomous regions and
municipalities directly under the Central Government shall inform the people's
governments at the city with districts level and county level and the health
administration departments within their respective administrative regions of
relevant information.
Article 11 The health administration department under the State Council shall
collect and summarize the monitoring data and analysis result of food safety
risk, and report the same to the quality supervision department, administration
department for industry and commerce, food and drug supervision and
administration department under the State Council as well as the commercial
department and administration department for industry and technology
information.
Article 12 The health administration department under the State Council shall
organize the assessment work of food safety risk under any one of the following
circumstances:
(1) When it is necessary to conduct risk assessment in order to provide
scientific basis for the formulation or revision of national standards for food
safety;
(2) When it is necessary to conduct assessment in order to determine the key
fields and key varieties which shall be subject to supervision and
administration;
(3) When new factors which may endanger food safety are found;
(4) When it is necessary to determine whether a certain factor is a hidden food
safety problem; or
(5) Other circumstances under which the health administration department under
the State Council considers risk assessment need to be conducted.
Article 13 The departments of agriculture administration, quality supervision,
and administration for industry and commerce under the State Council, the food
and drug supervision and administration department of the state and other
relevant departments shall provide the following information and materials when
proposing food safety risk assessment suggestions to the health administration department
under the State Council according to the provisions of article 15 of the Food
Safety Law:
(1) Sources and nature of the risks;
(2) Relevant inspection data and conclusion;
(3) The scope of the risks; and
(4) Other relevant information and materials.
The local relevant departments of agriculture administration, quality
supervision, and administration for industry and commerce, the food and drug
supervision and administration department at the county level or above shall
assist in collecting the information and materials for food safety risk
assessment stipulated in the preceding Paragraph.
Article 14 The health administration department and agriculture administration
department of the people's government at the provincial level or above shall
notify each other the information in respect of the monitoring of food safety
risk and edible agricultural product quality and safety risk in a timely
manner.
The health administration department and agriculture administration department
of under the State Council shall notify each other the information in respect
of the result of food safety risk assessment and edible agricultural product
quality and safety risk assessment in a timely manner.
Chapter III Food Safety Standards
Article 15 The health administration department under the State Council in
conjunction with the agriculture administration department, quality supervision
department, administration department for industry and commerce, food and drug
supervision and administration department under the State Council as well as
the commercial department and administration department for industry and
technology information shall formulate food safety national standards and the
implementing plans thereof. Opinions from the public shall be sought for the formulation
of food safety national standards and its implementing plans.
Article 16 The health administration department under the State Council shall
select units with competent technical capacities to draw up the food safety
national standards draft. The research institutions, education institutions,
academic organizations and industrial associations are encouraged to jointly
draw up the food safety national standards draft.
The health administration department under the State Council shall publish the
food safety national standards draft to the general public to seek opinions.
Article 17 The Review Board for Food Safety National Standards as stipulated in
Article 23 of the Food Safety Law shall be formed by the health administration
department under the State Council.
The Review Board for Food Safety National Standards shall be responsible for
examining the scientificity and practicability of the food safety national
standards draft.
Article 18 The health administration department of the people's government in
all provinces, autonomous regions and municipalities directly under the Central
Government shall circulate the enterprise standards submitted by enterprises
for the filing according to Article 25 of the Food Safety Law to the
agriculture administration department, quality supervision department,
administration department for industry and commerce, food and drug supervision
and administration department, commercial department and administration
department for industry and technology information, etc. of the same level.
Article 19 The health administration department under the State Council and the
health administration department of the people's government in all provinces,
autonomous regions and municipalities directly under the Central Government
shall, in conjunction with the agriculture administration department, quality
supervision department, administration department for industry and commerce,
food and drug supervision and administration department, commercial department
and administration department for industry and technology information, etc. of
the same level, track and evaluate the implementation of food safety national
standards and local standards, and shall make amendments to the food safety
standards in a proper manner according to the evaluation.
The agriculture administration department, quality supervision department,
administration department for industry and commerce, food and drug supervision
and administration department, commercial department and administration
department for industry and technology information under the State Council and
of the people's government in all provinces, autonomous regions and
municipalities directly under the Central Government shall collect and
summarize the problems encountered with in the course of implementing the food
safety standards, and circulate the same to the health administration
department of the same level in a timely manner.
In case a food producers or food association discovers problems in the course
of implementing the food safety standards, it shall report to the food safety
supervision and administration department in time.
Chapter IV Food Production and Trading
Article 20 Food producers and business operators shall obtain the corresponding
food production permit pursuant to the law. Where the laws and regulations
other provisions on small food producing and processing workshops and food
stalls, such provisions shall prevail.
A food production permit shall be valid for three years.
Article 21 In case the production and trading conditions of a food producer or
trader change and do not satisfy the food production and trading requirements,
the food producer or trader shall forthwith take remedial actions; in case
there are potential risks for the food safety accidents to happen, it shall forthwith
cease to produce or operate, and report to the local quality supervision
department, administration department for industry and commerce or food and
drug supervision and administration department at the county level where it
locates; and if the formalities for license needs to be gone through again, it
shall be gone through legally.
The quality supervision department, administration department for industry and
commerce and food and drug supervision and administration department at the
county level or above shall strengthen the supervision and inspection of the
food producer's or trader's daily production and operation activities; in case
any failure to meet the requirements for food production and operation is
found, they shall order the persons concerned to forthwith take remedial
actions, and handle legally; in the case of failures to meet the requirements
for production and operation license, they shall cancel relevant licenses.
Article 22 Food production and trading enterprises shall organize their
employees to take food safety knowledge training, learn food safety laws,
regulations, rules, norms as well as other food safety knowledge, and set up
training archives.
Article 23 Food producers and traders shall establish and practice a health
inspection system and health archive system for their personnel according to
the provisions of 34 of the Food Safety Law. In case the personnel engaging in
the work that involves contact with ready-to-eat food suffer from dysentery,
typhoid, viral hepatitis type A, viral hepatitis type E or any other infectious
disease of digestive tract or suffer from active tuberculosis, purulent or
seeping skin disease or any other disease that affects the food safety, the
food producer and trader shall adjust them to other positions that do not
affect food safety.
When the food producer and operator conduct health inspection according to the
provisions of Paragraph 2, Article 34 of the Food Safety Law, the matters
thereof such as inspection items shall comply with the provisions of the
province, autonomous region or municipality where it locates.
Article 24 Food production and trading enterprises shall establish a
procurement check record system and a food ex-factory check record system
according to the provisions of Paragraph 2, Article 36, Paragraph 1, Article 37
and Paragraph 2, Article 39 of the Food Safety Law to record the matters truly
as required by laws, or shall keep procurement or sales documents that contain
relevant information. Such records and documents shall be kept for no less than
two (2) years.
Article 25 The head office of a food production enterprise group the material
procurement of which is under unified planning may examine the providers'
license and product qualification certificate unifiedly and record the
procurement inspection; in respect of food materials that no qualification
certificate can be provided, they shall be examined according to the food
safety standards.
Article 26 A food production enterprise shall establish and practice a food
safety management system for the material inspection, safety management of
production process, storage management, equipment management, unqualified
product management, etc., and constantly improve its food safety guarantee
system to guarantee food safety.
Article 27 A food production enterprise shall formulate control requirements in
inspect of the following matters and implement thereof to guarantee the food
produced meet the food safety standards:
(1) Control of materials such as material procurement, inspection and input,
etc.;
(2) Control of key production processes such as production flow, equipment,
storage and packing, etc.;
(3) Control of inspection, such as material inspection, semi-manufactured
product inspection, finished product ex-factory inspection, etc.; and
(4) Control of transportation and delivery.
In the case of any failure to satisfy the control requirements in the course of
food production, a food production enterprise shall investigate the reasons
thereof forthwith and take remedial actions.
Article 28 A food production enterprise shall, in addition to record the
procurement inspection and food ex-factory inspection according to Articles 36
and 37 of the Food Safety Law, record the safety management of food production
process truly. Such records shall be kept for no less than two (2) years.
Article 29 When a food trading enterprise engaging in food wholesale business
sells food, it shall record the name, specification, quantity, batch number,
guarantee period of the wholesale food, the name and contact means of the
purchaser, the sales date, etc. truly, or shall keep sales documents that
contain relevant information. Such records or documents shall be kept for no
less than two (2) years.
Article 30 Food producers and traders are encouraged by the state to adopt
advanced technological means to record the matters as required by the Food
Safety Law and these Rules.
Article 31 Catering service providers shall formulate requirements for the
control of raw material procurement and implement thereof to ensure the
materials purchased meet the food safety standards.
A catering service provider shall examine the food and materials to be
processed in the course of food manufacturing and processing, and in case it
discovers the food putrid or deteriorated or abnormal in sensory properties, it
shall not process or use the same.
Article 32 A catering service enterprise shall maintain facilities and
equipments for food processing, storage and display regularly, and clean, check
and adjust insulation facilities, cold storage facilities and freezing
facilities regularly.
A catering service provider shall clean and disinfect tableware and kitchenware
as required, and shall not use tableware or kitchenware that have not been
cleaned or disinfected.
Article 33 In respect of food which are recalled according to Article 53 of the
Food Safety Law, the food producer shall conduct harmless treatment or destroy
to prevent them enter into the market again. In respect of food which are
recalled because their labels, logos or instructions fail to satisfy the food
safety standards, the food producer may continue to sell the same if they have
taken remedial actions and can ensure food safety, provided that they clearly
show the remedial measures to the consumers when selling such food.
The quality supervision department, administration department for industry and
commerce, food and drug supervision and administration department at the county
level or above shall record the information of food which are recalled by the
producer by virtue of failure to satisfy food safety standards as well as the
formation of food which are ceased to be traded by the food trader virtue of
the same reason into the food producer's or trader's food safety credit
archive.
Chapter V Food Inspection
Article 34 When applying for re-inspection with the food inspection
organization which undertakes food re-inspection (hereinafter referred to as
re-inspection organization) according to Paragraph 3, Article 60 of the Food
Safety Law, an applicant shall state the reasons thereof.
The name list of re-inspection organizations shall be jointly published by the
accreditation and recognition supervision department, the heath administration
department and the agriculture administration department of the State Council.
The re-inspection conclusion issued by re-inspection organization shall be the
final inspection conclusion.
The re-inspection applicant can choose the re-inspection organization of
itself, provided that the re-inspection organization and the preliminary
inspection organization are not the same.
Article 35 Where a food producer or trader disagrees with the conclusion of
sample inspection which is conducted according to Article 60 of the Food Safety
Law and applies for re-inspection, if the re-inspection conclusion shows the
food qualified, the fees for re-inspection shall be borne by the sample
inspection department; if the re-inspection conclusion shows the food
disqualified, the said fees shall be borne by the food producer or trader.
Chapter VI Food Import and Export
Article 36 A food importer shall apply for inspection with the entry and exit
inspection and quarantine institution at the place of customs on the strength
of necessary vouchers and relevant documents such as contract, invoices, packing
note, bill of lading, etc.. The food imported shall be qualified in the
inspection conducted by the entry and exit inspection and quarantine
institution. The customs shall release the imported food on the strength of a
customs clearance certificate issued by the entry and exit inspection and
quarantine institution.
Article 37 In respect of import of food for which there are no national food
safety standards or the first time import of new varieties of food additives or
food-related products, an importer shall provide the license obtained according
to Article 63 of the Food Safety Law to the entry and exit inspection and
quarantine institution which shall inspect thereof according to the
requirements of the health administration department under the State Council.
Article 38 In case an entry and exit inspection and quarantine department of
the state discovers in the imported food substances on which the national food
safety standards make no provisions and may endanger the health of human being,
it shall report to the health administration department under the State Council
according to the provisions of Article 12 of the Food Safety Law.
Article 39 An overseas food producing enterprise which exports food to China
shall go through registration formalities according to Article 65 of the Food
Safety Law, and the registration shall be effective for four years. Where a
registered overseas food producing enterprise provides false materials or a
serious food safety accident happens to relevant imported food by virtue of the
overseas food producing enterprise, the entry and exit inspection and
quarantine department of the state shall cancel the registration and make an
announcement thereof.
Article 40 The imported food additives shall have labels or instructions in
Chinese. The labels or instructions shall comply with the provisions of the
Food Safety Law and other laws and regulations of the State as well as the
requirements of national food safety standards, stating the place of origin of
the food additives and the name, address and contact means of their domestic
agent. In case there are no labels or instructions in Chinese on the food
additives or in case the labels or instructions do not comply with the
provisions of this article, the food additives shall not be imported.
Article 41 The entry and exit inspection and quarantine institutions shall
conduct inspections on imported food according to Article 62 of the Food Safety
Law, and conduct supervision over and sample inspection on exported food
according to Article 68 of the Food Safety Law. The specific measures thereof
shall be formulated by the entry and exit inspection and quarantine department
of the state.
Article 42 The entry and exit inspection and quarantine department of the state
shall establish an information collection network, and collect, summarize and
circulate the following information according to Article 69 of the Food Safety
Law:
(1) Food safety information discovered by the entry and exit inspection and
quarantine institutions in the course of imported food inspection and
quarantine;
(2) Safety information of imported food reported by the industrial associations
and consumers;
(3) Food safety information and risk forecast information published by the
international organizations or overseas governmental organizations, and food
safety information reported by the overseas industrial associations and
consumers; and
(4) Other food safety information.
Departments receiving the circular shall take corresponding actions when
necessary.
The food safety supervision and administration department shall circulate the
safety information it get acquainted to in respect of imported or exported food
to the entry and exit inspection and quarantine department of the state in a
timely manner.
Chapter VII Disposal of Food Safety Accident
Article 43 A unit in which food safety accident has happened shall forthwith
take measures to control the food, raw materials, tools, equipments, etc. which
has caused or may cause food safety accidents, such as sealing them up, and
report the accident to the local health administration department of the
people's government at the county level within 2 hours upon the occurrence of
the accident.
Article 44 When the food safety accident is being investigated, the principles
of seeking truth from facts and respecting the science shall be followed, the
nature and reasons of the accident shall be found out, the responsibilities
confirmed and the remedial actions proposed timely and accurately.
The departments taking part in the investigation of food safety accident shall
coordinate and operate in their work under the health administration
department's unified organization to enhance work efficiency in the accident
investigation and disposal.
The investigation and disposal measures for food safety accidents shall be
formulated by the health administration department together with relevant
departments under the State Council.
Article 45 The departments taking part in the investigation of food safety
accident have the right to inquire relevant units and/or individuals about the
information relating to the accident, and demand the same to provide relevant
materials and samples.
Relevant units and/or individuals shall cooperate in the investigation and
disposal of food safety accident, provide relevant materials and samples as
demanded, and may not refuse.
Article 46 No units or individuals may hinder or intervene with the
investigation and disposal of food safety accidents.
Chapter VIII Supervision and Administration
Article 47 The annual food safety supervision and administration plan
formulated by the local people's government at the county level or above
according to Article 76 of the Food Safety Law shall include contents in
respect of food sample inspection. Staple and supplementary food which is
exclusively for special people such as babies, infants, the old, the sick,
etc., shall be subject to key sample inspection.
The departments of agriculture administration, quality supervision, and
administration for industry and commerce, the food and drug supervision and
administration department at the county level or above shall conduct sample
inspection according to the annual food safety supervision and administration
plan. Fees for the purchase of samples used in sample inspection and for the
inspection shall be paid out of the financial budget of the same level.
Article 48 The people's government at the county level shall organize and
coordinate the health administration department, agriculture administration
department, quality supervision department, and administration department for
industry and commerce, the food and drug supervision and administration
department of the same level, and supervise over and administrate the food
producers and traders within its administrative region; strengthen the
supervision and administration of food producers and traders the risk of food
safety accident of which is high.
After the publication of food safety risk warning by the health administration
department under the State Council or upon receipt of the food safety risk
monitoring information circulated by the health administration department of
the people's government of each province, autonomous region, municipality
directly under the Central Government according to the provisions of Article 10
of these Rules, the people's governments at the level of city with districts
and the county level shall forthwith organize the health administration
department, agriculture administration department, quality supervision
department, and administration department for industry and commerce, the food
and drug supervision and administration department of the same level to take
related measures to prevent food safety accidents.
Article 49 The health administration department under the State Council shall
publish the name list of discovered non-food chemical substances which have
been added into or may be added into food as well as other substances that may
endanger the health of human being and their inspection methods according to
the disease information and supervision and administration information. The
quality supervision department and the administration department for industry
and commerce under the State Council and the food and drug supervision and
administration department of the state shall take corresponding supervisory
measures.
Article 50 The quality supervision department and the administration department
for industry and commerce and the food and drug supervision and administration
department may adopt speedy inspection methods recognized by the quality
supervision department and the administration department for industry and
commerce under the State Council and the food and drug supervision and
administration department of the state to conduct preliminary screening on food
during their food safety supervision and administration work. In respect of
food which may fail to satisfy the food safety standards as the result of
preliminary screening shows, they shall be inspected according to the
provisions of Paragraph 3, Article 60 of the Food Safety Law. The result of
preliminary screening shall not be the basis of law enforcement.
Article 51 The daily supervision and administration information on food safety
stipulated in Paragraph 2, Article 82 of the Food Safety Law shall include:
(1) The information of implementing the administrative license according to the
Food Safety Law;
(2) The name list of food, food additives and food-related products which are
ordered to be stopped producing or trading;
(3) The information of investigation on illegal food production and trading;
(4) The information of special check up and regulation; and
(5) Other daily supervision and administration information on food safety as
provided for by laws and administrative regulations.
In case the information stipulated in the preceding Paragraph involves the
functions of two or more food safety supervision and administration
departments, it shall be published jointly by relevant departments.
Article 52 When publishing information according to Article 82 of the Food
Safety Law, the food safety supervision and administration department shall
simultaneously explain and state the possible harm of relevant food.
Article 53 The health administration department, agriculture administration
department, quality supervision department, and administration department for
industry and commerce, the food and drug supervision and administration
department shall publish their email addresses or telephones to accept
consultation, complaint and report; shall answer, verify and handle the
consultation, complaint and report accepted according to Article 80 of the Food
Safety Law, and make record thereof and store the same.
Article 54 The industry and technology information department, commercial
department under the State Council shall formulate food industry development
plans and industrial policies according to their functions, take measures to
push the optimization of industrial structure, strengthen the guidance of good
faith building in food industry, and promote the healthy development of food
industry.
Chapter IX Legal Liabilities
Article 55 Where the production and trading conditions of a food producer or
trader change, and have not been handled according to the provisions of Article
21 of these Rules, the competent authority shall order the said producer or
trader to make correction and give a warning thereof; and shall punish the same
according to the provisions of Article 85 of the Food Safety Law in case
serious consequences have been caused.
Article 56 Where a catering service provider fails to formulate or implement
requirements for the control of raw material procurement, it shall be punished
according to the provisions of Article 86 of the Food Safety Law.
Where a catering service provider fails to examine the food and materials to be
processed according to the provisions of Paragraph 2, Article 31 of these
Regulations, or in case it discovers but still processes or uses the food
putrid or deteriorated or abnormal in sensory properties, it shall be punished
according to the provisions of Article 85 of the Food Safety Law.
Article 57 Under any of the following circumstances, punishment shall be
imposed according to the provisions of Article 87 of the Food Safety Law:
(1) Where a food producing enterprise fails to establish or implement a food safety
management system according to Article 26 of these Regulations;
(2) Where a food producing enterprise fails to formulate or implement
requirements for production process control according to Article 27 of these
Regulations, or fails to take remedial actions as required when it does not
satisfy the control requirements in the course of food production;
(3) Where a food producing enterprise fails to record the safety management
information of food production or store relevant records according to Article
28 of these Regulations;
(4) Where a food trading enterprise engaging in food wholesale business fails
to record or store the sales information or keep the sales documents according
to Article 29 of these Regulations;
(5) Where a catering service enterprise fails to maintain, clean or check and
adjust facilities and equipments regularly according to Paragraph 1, Article 32
of these Regulations; or
(6) Where a catering service enterprise fails to clean or disinfect the
tableware and kitchenware according to Paragraph 2, Article 32 of these
Regulations, or uses tableware or kitchenware that have not been cleaned or
disinfected.
Article 58 Where food additives in violation of the provisions of Article 40 of
these Regulations are imported, they shall be confiscated by the entry and exit
inspection and quarantine institution; in case the value thereof is less than
RMB 10,000, a fine of between RMB 2,000 to RMB 50, 000 shall be imposed; in
case the value thereof is RMB 10, 000 or more, a fine of between two times to
five times of the value thereof shall be imposed.
Article 59 Where a medical institution fails to report relevant disease
information according to Article 8 of these Regulations, it shall be ordered by
the health administration to make correction and given a warning.
Article 60 Where a unit in which food safety accident has happened fails to
take actions or report thereof according to Article 43 of these Regulations, it
shall be punished according to the provisions of Article 88 of the Food Safety
Law.
Article 61 Where a people's government at the county level or above fails to
perform its statutory functions and obligations in respect of food safety
supervision and administration, and food safety accident happens within its
administrative region, causing serious social effect, such sanctions as major
demerit, demotion, removal or dismissal shall be imposed on the persons
directly in charge and other persons held directly responsible.
Where the health administration department, agriculture administration
department, quality supervision department, and administration department for
industry and commerce, the food and drug supervision and administration
department or any other relevant administrative department at the county level
or above fails to perform its statutory functions and obligations in respect of
food safety supervision and administration, conducts inadequate daily
supervision and inspection, or abuses its powers, neglects its duties or
violates law for personal gains, such sanctions as major demerit or demotion
shall be imposed on the persons directly in charge and other persons held
directly responsible; and such sanctions as removal or dismissal shall be
imposed if serious consequences have been caused; and the principal shall take
the blame and resign.
Chapter X Supplementary Provisions
Article 62 For the purpose of these Regulations, the following terms shall have
the meanings as follows:
The term "food safety risk assessment" refers to the scientific
assessment in respect of the possible adverse impact of biological, chemical
and physical harm of food and food additives to the health of human beings,
including recognition of harm, description of harm characteristics, disclosure
assessment, description of risk characteristics, etc..
The term "catering service" refers to the services of providing
consumers with food and consumption places and facilities through instant
production and processing, commercial sales and service labor, etc..
Article 63 The monitoring and assessment of edible agricultural product quality
and safety risk shall be conducted by the agriculture administration department
of the people's government at the county level or above according to the
provisions of the Law of the People's Republic of China on Agricultural Product
Quality and Safety.
The food supervision and administration at border ports shall be conducted by
the entry and exit inspection and quarantine institutions according to the Food
Safety Law and these Regulations and the provisions of laws and administrative
regulations.
The food and drug supervision and administration departments shall conduct
strict supervision and administration over food which are claimed to have
special health features, the specific measures of which shall be otherwise
formulated by the State Council.
Article 64 These Regulations shall come into effect on the promulgation date.