Implementing Regulations of the Food Safety Law of the People's Republic of China (Revised in 2016)
Implementing Regulations of the Food Safety Law of the People's Republic of China (Revised in 2016)
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.
......
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.
......