Administrative Regulations on the Supervision of the Quality and Safety of Dairy Products
Administrative Regulations on the Supervision of the Quality and Safety of Dairy Products
Administrative Regulations on the Supervision of the Quality and Safety of Dairy Products
Order of the State Council of the People's Republic of China No. 536
October 9, 2008
The Regulation on the Supervision and Administration of the Quality and Safety of Dairy Products, which was adopted at the 28th executive meeting the State Council on October 6, 2008, is hereby promulgated and shall come into force as of the date of promulgation.
Premier Wen Jiabao
Regulation on the Supervision and Administration of the Quality and Safety of Dairy Products
Chapter I General Provisions
Article 1 This Regulation is formulated to strengthen the supervision and administration of the quality and safety of dairy products, ensure the quality and safety of dairy products, ensure
the health and life safety of the general public and promote the sound development of the dairy industry.
Article 2 The term "dairy products" as mentioned in this Regulation refers to fresh milk and dairy products.
This Regulation shall apply to the supervision and administration of the quality and safety of dairy products. If any law provides otherwise for the supervision and administration of the quality and safety of dairy products, such provision shall prevail.
Article 3 The dairy animal raisers, fresh milk purchasers, dairy product production enterprises and sellers shall be responsible for the quality and safety of the dairy products that they produce, purchase, transport or sell. They are the first responsible persons for the quality and safety of dairy products.
Article 4 The local people's governments at and above the county level shall be responsible for the quality and safety of the dairy products within their respective administrative area.
The stockbreeding and veterinary administrative departments of the people's governments at and above the county level shall be responsible for the supervision and administration over the raising of dairy animals and the production and purchase of fresh milk. The quality supervision, inspection and quarantine departments at and above the county level shall be responsible for the supervision and administration over the production, import and export of dairy products. The industry and commerce administrative departments at and above the county level shall be responsible for the supervision and administration over the sale of dairy products. The food and drug administrative departments at and above the county level shall be responsible for the supervision and administration over the catering services relating to dairy products. The health administrative departments of the people's governments at and above the county level shall, according to their functions, be responsible for the comprehensive coordination of supervision and administration of the quality and safety of dairy products, investigate into and deal with major food safety accidents. Other relevant departments of the people's governments at and above the county level shall, within their respective functions, be responsible for other tasks relevant to the supervision and administration over the quality and safety of dairy products.
Article 5 Any accident of quality and safety of dairy products shall be timely reported and handled in accordance with relevant laws and administrative provisions. Where severe or bad consequences are caused by such an accident, the persons-in-charge of the relevant people's governments and those of the relevant departments who shoulder the leader's esponsibilities shall be subjected to liabilities.
Article 6 The fresh milk and dairy products shall conform to the national standards for the quality and safety of dairy products. The national standards for the quality and safety of dairy products shall be formulated by the health administrative department of the State Council and be timely amended on the basis of the risk monitoring and assessment results.
The national standards for the quality and safety of dairy products shall include limits on pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals and other substances hazardous to human health, the sanitation requirements during the production and business operation of dairy products, the general methods and operating procedures for the inspection of dairy products, quality requirements relevant to the safety of dairy products and other contents which are necessary to be a component part of the national standards for the quality and safety of dairy products.
The physical characteristics and growth needs of infants shall be taken into full consideration during the formulation of national standards for the quality and safety of infant milk powder so as to ensure the indispensable nutritional ingredients for the growth of infants.
Where a health administrative department of the State Council finds, from the disease information and supervision information of the supervisory departments, etc, that a non-edible chemical substance or any other substance that may be hazardous to the human health is added or may have been added to a dairy product, it shall immediately organize a risk ssessment and take corresponding monitoring, testing and supervisory measures.
Article 7 It is forbidden to add any substance during the production, purchase, storage, transport and sale of fresh milk.
It is forbidden to add any a non-edible chemical substance or any other substance that may be hazardous to the human health during the production of dairy products.
Article 8 The stockbreeding and veterinary administrative department of the State Council shall, jointly with the development and reform department, the industry and information department and the commerce department of the State Council, formulate a national dairy industry development plan, strengthen the construction of dairy resource bases, improve the service system and promote the sound development of the dairy industry.
The local people's governments at and above the county level shall, under the national dairy industry development plan, reasonably determine the dairy animal raising scale within their respective administrative area, scientifically arrange the production and purchase of fresh milk.
Article 9 The relevant industrial associations shall intensify industrial self-discipline, advocate good faith in the industry, direct and standardize the production and business operations of dairy animal raisers, fresh milk purchasers, dairy product production enterprises and sellers.
Chapter II Dairy Animal Raising
Article 10 The state shall take effective measures to encourage, direct and support dairy raisers to improve the quality and safety of fresh milk. The people's governments at and above the province level shall arrange funds from the fiscal budget at the same level to support the dairy industry and encourage credit support to be given to dairy animal raisers and professional production cooperatives of dairy farmers.
The state shall establish a dairy animal policy insurance system and offer premium subsidies to dairy animal raisers who buy relevant insurances.
Article 11 Stockbreeding and veterinary technology popularization institutions shall provide the dairy animal raisers with such services as raising technology training, popularization of good breeds, prevention and control of diseases, etc.
The state shall encourage dairy product production enterprises and other relevant producers and business operators to offer dairy animal raisers services they need.
Article 12 To set up a dairy animal farm or community, the following requirements shall be satisfied:
1. Conforming to the dairy animal raising scale determined by the local people's government for the administrative area;
2. Having a business site and relevant facilities commensurate with its raising scale;
3. Having its own stockbreeding and veterinary technicians;
4. Having the epidemic prevention conditions as prescribed by laws, administrative regulations, and provisions of the stockbreeding and veterinary administrative department of the State Council;
5. Having facilities such as firedamp pool for the comprehensive utilization of the dairy animal dung, waste water and other solid wastes, or having other innocuous disposal facilities;
6. Having bylaws on the management of production, sale and transport of fresh milk; and
7. Meeting other requirements as prescribed by laws and administrative regulations.
The owner of a dairy animal farm or raising community shall report the name and address of the farm or raising community, breeds of the dairy animals as well as the raising scale to the stockbreeding and veterinary administrative department of the people's government at the county level where the farm or raising community is located for archival purposes.
Article 13 A dairy animal farm shall establish raising archives, which shall contain:
1.
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