e-magazine
The Hot Zone
China's newly announced air defense identification zone over the East China Sea aims to shore up national security
Current Issue
· Table of Contents
· Editor's Desk
· Previous Issues
· Subscribe to Mag
Subscribe Now >>
Expert's View
World
Nation
Business
Finance
Market Watch
Legal-Ease
North American Report
Forum
Government Documents
Expat's Eye
Health
Science/Technology
Lifestyle
Books
Movies
Backgrounders
Special
Photo Gallery
Blogs
Reader's Service
Learning with
'Beijing Review'
E-mail us
RSS Feeds
PDF Edition
Web-magazine
Reader's Letters
Make Beijing Review your homepage
Hot Links

cheap eyeglasses
Market Avenue
eBeijing

Goodbye to Additives
Cover Stories Series 2011> Goodbye to Additives
UPDATED: March 3, 2011 NO. 9 MARCH 3, 2011
Food Safety Law of The People's Republic of China
Adopted at the Seventh Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 28, 2009
Share

Chapter VIII Supervision and Administration

Article 76 The local people's government at the county level or above shall organize the administrative departments for health, quality supervision, industry and commerce and FDA of the same level to develop the annual plan of supervision and management of food safety in the jurisdiction, and execute the work according to the plan.

Article 77 The administrative departments for health, quality supervision, industry and commerce and FDA at the county level or above may take the following actions in the course of performing their respective duties of supervising and administrating food safety:

(1) Entering production and trading sites for field inspection;

(2) Conducting sampling inspection of the food produced or traded;

(3) Reviewing, copying, seizing and detaining relevant contracts, documents and books and other relevant information;

(4) Seizing and detaining food proven unsafe, illegally used food raw material, food additives and food-related products, and equipment and tools contaminated or used for illegal production or trading; and

(5) Closing down places of illegal production and trading of food.

The agricultural authorities at the county level or above shall be responsible for supervision and management of the edible agricultural products according to the responsibilities in Law of the People's Republic of China on Agricultural Product Quality and Safety.

Article 78 The administrative departments for health, quality supervision, industry and commerce and FDA at the county level or above shall record the results of supervision, inspection and punishment, if any, in the course of overseeing and inspecting food producers and traders. Such records shall be signed by supervision and inspection officers and food producers and traders before filing.

Article 79 The administrative departments for health, quality supervision, industry and commerce and FDA at the county level or above shall establish and maintain food safety credit records for food producers and traders, record issuance of licenses, results of daily supervision and inspection, and punishment of illegal activities; and shall increase the frequency of supervising and inspecting food producers and traders with bad credit records in line with such food safety credit records.

Article 80 The administrative departments for health, quality supervision, industry and commerce and FDA at the county level or above shall, upon receiving any inquiry, complaint or information from a whistle-blower, accept, promptly verify, and deal with such an inquiry, complaint or other information and reply. These departments shall transfer matters beyond their duty and authority to other departments empowered to deal with such matters, which shall act immediately and not shift responsibility to others; and those food safety incident shall be handled according to Article 7 herein.

Article 81 The administrative departments for health, quality supervision, industry and commerce and FDA at the county level or above shall oversee and administer food safety according to their statutory authority and procedures. They shall not impose two or more administrative penalty fines on the same illegal food producer or trader activity. Anyone suspected of activities that require criminal investigation shall be transferred to public security authorities according to the law.

Article 82 The State shall establish a unified food safety information system. The following information shall be centrally disclosed by State Council authorized health administrative departments:

(1) Overall situation of food safety in China;

(2) Food safety risk evaluation information and food safety risk alert information;

(3) Information on significant food safety incident and treatment; and

(4) Other important food safety information and information identified by the State Council as requiring widespread disclosure.

The information set forth in the (2) and (3) may, if its impact is limited to particular regions, be disclosed by the health departments of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government. The administrative department for agriculture, quality supervision, industry and commerce and FDA, shall disclose information on daily supervision and administration of food safety in accordance with their duties and responsibilities.

The department responsible for supervision and management of food safety shall disclose information on a timely, objective and accurate basis.

Article 83 The administrative departments for health, agriculture, quality supervision, industry and commerce and FDA at the county level or above shall, immediately upon receiving information requiring central disclosure pursuant to Article 82 (1), report to their superior departments, which then shall immediately report to the health authorities under the State Council, and, if necessary, they may directly report to the health authorities under the State Council.

The administrative departments for health, agriculture, quality supervision, industry and commerce and FDA at the county level or above shall notify each other of any food safety related information.

Chapter IX Legal Liabilities

Article 84 Any food producer or trader in violation of the Law, engaged in food production or trading activities without a license, or producing food additives, shall have any and all illegal benefits, including foods or food additives illegally produced or traded, and tools, equipment and food raw material, used for illegal production or trading confiscated by the relevant authorities according to their respective duties and responsibilities, and be subject to a fine of 2,000-50,000 yuan if the total value of the commodity is less than 10,000 yuan; and subject to a fine between five and 10 times the total value of the commodity if the total value of the commodity exceeds 10,000 yuan.

Article 85 Under any of the following circumstances, any food producer or trader in violation of the Law, shall have any and all illegal benefits, including foods or food additives illegally produced or traded, and tools, equipment and food raw material, used for illegal production or trading confiscated by the relevant authorities according to their respective duties and responsibilities, and be subject to a fine of 2,000-50,000 yuan if the total value of the commodity is less than 10,000 yuan; and subject to a fine between five and 10 times the total value of the commodity if the total value of the commodity exceeds 10,000 yuan; and for the serious cases, be revoked the business license:

(1) Producing food with non-food raw material or adding non-edible chemicals or other substances possibly hazardous to human health to food, or producing food with recovered food as raw materials;

(2) Producing or trading food which exceeds food safety standard limits in content or concentration of pathogenic microorganisms, pesticide residues, animal medicine residues, heavy metals, contaminants, and other substances that in food may be hazardous to human health;

(3) Producing or trading staple and supplementary food exclusively for babies or other specific population, the nutritional ingredients of which fail to meet food safety standards;

(4) Trading food which is rotten or spoilt, or has rancid fat, mildew or insects, or is contaminated or dirty, or contains foreign material or displays any other organoleptic irregularity;

(5) Trading or producing meat or products of any bird, livestock, beast, or waterborne animal which has been killed by disease, poison or any unidentified cause;

(6) Trading or producing meat or meat products which have not been quarantined or inspected by animal health supervision authorities or fail to pass such quarantine or inspection;

(7) Trading food exceeding the shelf life;

(8) Producing or trading food expressly prohibited by the State from production and trading for disease prevention and control purposes;

(9) Using new food materials to produce food, or producing new types of food additives and food related products, but failing to pass the safety assessment;

(10) Refusing to call back or stop operations when the relevant authorities order to call back or stop operations of foods not conforming to foods safety standard.

Article 86 Under any of the following circumstances, any food producer or trader in violation of the Law, shall have any and all illegal benefits, including foods or food additives illegally produced or traded, and tools, equipment and food raw material, used for illegal production or trading confiscated by the relevant authorities according to their respective duties and responsibilities, and be subject to a fine of 2,000-50,000 yuan if the total value of the commodity is less than 10,000 yuan; and subject to a fine between five and 10 times the total value of the commodity if the total value of the commodity exceeds 10,000 yuan; and for the serious cases, be ordered to stop production or business till revoked the business license:

(1) Trading the foods contaminated with the packaging materials, container, transport means, etc.;

(2) Producing and trading the pre-packaged food or food additives without label, or food or food additives with the label or instructions not conforming to the Law;

(3) Purchasing or using the food materials, food additives or food related products not conforming to the food safety standard;

(4) Adding medicine to food.

Article 87 Under any of the following circumstances, any food producer or trader in violation of the Law, shall be ordered to make correction, given the warning, by the relevant authorities according to their respective duties and responsibilities; when refusing to make correction, be subject to a fine of 2,000-20,000 yuan; and for the serious cases, be ordered to stop production or business, till revoked the business license:

(1) Fail to test the purchased food materials and produced food, food additives and food related products;

(2) Fail to establish and maintain the inspection record system, and outgoing product record system;

(3) Fail to file for record of the enterprise food safety standard according to the Law;

(4) Fail to store or sell foods or clear off the foods in stock according to the requirements;

(5) Fail to check the license or relevant certificates upon receiving incoming products;

(6) Claim the functions of prevention and treatment of diseases in the label and instructions for the produced food and food additives;

(7) Allow the person with diseases listed in Article 34 herein to execute the work contacting the food for direct use.

Article 88 Upon occurrence of any accident, any food producer or trader failing to make disposal or reporting in violation of the Law, shall be ordered to make correction, given the warning, by the relevant authorities according to their respective duties and responsibilities; when destroying the evidence, be ordered to suspend the production or trading and subject to a fine of 2,000-100,000 yuan; and for the serious cases, be revoked the business license.

Article 89 Under any of the following circumstances, any food producer or trader in violation of the Law, shall be given the punishment according to Article 85 herein:

(1) Importing foods not meeting the national food safety standard of China;

(2) Importing foods without applicable national food safety standard, or the new type of food additive and food related products, without safety assessment;

(3) Exporting foods in breach of the Law.

The importer failing to establish and maintain the food import and sales record system, in violation of the Law, shall be subject to punishment specified in Article 87 herein.

Article 90 If any operators of central trading markets, stall leasers, and organizers of trade fair permit food traders without a license for food production, distribution or provision for catering services to sell food in the market in violation of this Law, or fails to perform their inspection or reporting obligations, the relevant authorities shall impose a fine between 2,000-50,000 yuan according to their respective duties and responsibilities, and, if serious consequences are caused, order suspension of operations for correction and revocation of its license by the original issuer.

Article 91 Where anyone or organization engages in food transportation activities in violation of this Law, the relevant authorities shall order immediate correction and give a warning; if correction is refused, order suspension of operations for correction and impose a fine between 20,000 and 50,000 yuan according to their respective duties and responsibilities; and in serious circumstances, order revocation of its license by the original issuing department.

Article 92 For any organization whose license for food production, distribution or catering service has been revoked of, the direct responsible manager shall not be permitted for management of food production and/or trading activities within five years after the punishment.

If any organization for food production/trading engages any person not permitted for management of food production and/or trading activities, the license shall be revoked by the original issuing authority.

Article 93 If any food inspection agency or personnel issues false inspection reports in violation of this Law, the original authorities or institution granting its qualification shall revoke its certificate of qualification. The manager and personnel directly responsible shall be removed from office or dismissed.

Any food inspection personnel issuing false inspection reports in violation of this Law shall, if he/she has been subject to criminal prosecution or removed from office or dismissed, be prohibited from any food inspection work within ten (10) years thereafter. Any food inspection agency employing any person prohibited from food inspection work will be subject to revocation of its certificate of qualification by the original authorities or institution granting its qualification.

Article 94 Any advertising containing false publicity to cheat the consumers in violation of the Law shall result in punishment according to Advertising Law of the People's Republic of China.

Any food safety regulatory authorities or institution for food inspection, food industry association, or consumer association, when recommending any food to consumers via advertising or other forms, in violation of the Law, shall be subject to confiscation of the illegal benefits by the relevant authorities, and the manager and other personnel directly responsible shall be given the punishment of recording a special demerit, demotion or removal from the office.

Article 95 If any local people's government at or above the county level fails to perform its duties pursuant to this Law in the course of supervising and administrating food safety, and food safety incidents occur with serious impact on society, both the government officials that bear responsibility and the executives directly responsible shall be punished by recording a special demerit against them or demoting or removing them from office.

If the administrative department at the county or above level for health, agriculture, quality supervision, industry and commerce, food and drug, or other executive branches of the government fail to perform their duties under this Law, or abuse their authority, engage in self-seeking misconduct and cause serious consequences, the authorities for supervision or appointment and dismissal shall punish the people chiefly responsible, the people directly in charge and other people directly responsible by recording a special demerit or demotion; if serious consequences are caused, the people chiefly responsible, the people directly in charge and other people directly responsible shall be removed from office or dismissed; the chief principal shall acknowledge the blame and resign.

Article 96 Anyone in violation of this Law causing personal or property damage or other damages shall be liable for compensation.

When any manufacturer produces any food not conforming to the food safety standards or sells any food knowing its nonconformity with the food safety standards, the customer can demand the manufacturer or the seller to pay a penalty 10 times of the paid amount, in addition to the compensation for the loss thereof.

Article 97 Anyone in violation of this Law shall be liable for civil compensation and payment of penalties and fines, and when the assets are not sufficient for payment, the civil compensation shall be executed first.

Article 98 Anyone in violation of this Law shall, if the crime is committed, be subject to criminal prosecution.

Chapter X Supplementary Provisions

Article 99 For the purpose of this Law, the following terms shall have the meaning defined hereunder:

Food means any substance that has been processed or not processed that is suitable for eating and/or drinking, including substances used as food and medicine, excluding substances solely used as medicine.

Food Safety means the assurance that the food is nontoxic, harmless, and compliant with reasonable nutritional requirement, and will not cause any acute, chronic and potential hazards to human health.

Pre-packaged Food means food which is prepackaged or made in containers or packaging materials, according to the fixed amount.

Food Additive means any synthetic or natural substance used to improve the quality, color, fragrance, flavor of food, and used to add to the food or put together with the food for corrosion proof, keeping fresh or processing technology requirements.

Food Container and Packaging Material means the products made of paper, bamboo, wood, metal, porcelain, plastic, rubber, natural fiber, chemical fiber, or glass and used to contain food or additives, or coating in direct contact with food or additives.

Food Tools and Devices mean machines, pipes, conveyer belts, containers, appliances, tableware and other objects that have direct contact with food or additives during production, distribution and use of food or additives.

Food Detergent and Disinfectant mean substances that are directly used to wash or sterilize food tableware, and tools and devices, or food containers and packaging materials that have direct contact with food.

Shelf Life means the period prior to the "best before" date when the pre-packaged food remains in good quality under the storage conditions indicated on the label.

Food Borne Disease means any infectious, toxic or other disease caused by pathogenic bacteria which enter the body through food.

Food Poisoning means acute, sub-acute or other food-borne diseases that are caused by eating food contaminated by or containing poisonous or hazardous substances.

Food Safety Incident means any incident that may be caused by food poisoning, food borne diseases, food contamination, or other incidents arising from food and hazardous to human health.

Article 100 If the food producer or trader has received the relevant license before the execution of this Law, such a license shall remain valid until expiration thereof.

Article 101 The food safety administration for dairy products, genetically modified foods, pig slaughtering, wines and common salt shall be in accordance with this Law; when there is separate regulations, such regulations shall apply.

Article 102 The measures for administration of food safety in the railway operations shall be developed by the health administration authorities under the State Council together with other relevant departments of the State Council.

The measures for administration of food safety of the special foods and self-supplied foods in the army shall be developed by the Central Military Committee according to the Law.

Article 103 The State Council can make adjustments of the supervision and administration system for food safety according to the actual requirements.

Article 104 This Law shall enter into force on June 1, 2009 and the Law of the People's Republic of China on Food Hygiene shall be abolished.

(Source: www.lawtome.com)

   Previous   1   2   3   4  



 
Top Story
-Protecting Ocean Rights
-Partners in Defense
-Fighting HIV+'s Stigma
-HIV: Privacy VS. Protection
-Setting the Tone
Most Popular
 
About BEIJINGREVIEW | About beijingreview.com | Rss Feeds | Contact us | Advertising | Subscribe & Service | Make Beijing Review your homepage
Copyright Beijing Review All right reserved