Measures for the Supervision and Administration of Marketing of Edible Agricultural Products
Measures for the Supervision and Administration of Marketing of Edible Agricultural Products
Measures for the Supervision and Administration of Marketing of Edible Agricultural Products
Order of the China Food and Drug Administration No. 20
January 5, 2016
The Measures for the Supervision and Administration of Marketing of Edible Agricultural Products, deliberated and adopted by the executive meeting of the China Food and Drug Administration, are hereby issued for implementation as of March 1, 2016.
Bi Jingquan, Minister of China Food and Drug Administration
Measures for the Supervision and Administration of Marketing of Edible Agricultural Products
Chapter I General Principles
Article 1 With a view to standardizing the marketing of edible agricultural products, enhancing the supervision and administration of marketing quality and safety, and ensuring the quality and safety of edible agricultural products, these Measures are formulated in accordance with the PRC Food Safety Law and relevant regulations.
Article 2 These Measures shall be applicable to the marketing quality and safety of edible agricultural products, and the supervision and administration thereof.
As used herein, the "marketing of edible agricultural products" refers to the sales of edible agricultural products in centralized markets, shopping malls, supermarkets, convenience stores, etc ("Marketing").
"Centralized markets" refers to wholesale and retail markets (including free markets) for edible agricultural products.
Article 3 The China Food and Drug Administration will be responsible for supervising and guiding the supervision and administration of Marketing at the national level.
The food and drug administrative departments ("Departments") of all provinces, autonomous regions and municipalities shall be responsible for supervising and guiding the supervision and administration of Marketing within their respective jurisdictions.
The Departments at municipal and county levels shall be responsible for the supervision and administration of Marketing within their respective jurisdictions.
Article 4 The marketing quality and safety and the supervision and administration thereof shall be given priority in risk precaution and management, and efforts shall be made to integrate the supplier exit system and the market access system in order to ensure the traceability of edible agricultural products sold in the markets.
Article 5 The Departments above county level shall establish a sound coordination mechanism for the supervision and administration of Marketing quality and safety with related departments.
Article 6 Operators of centralized markets ("Operators") shall enhance administration of sellers in the markets under the law to ensure standardized operation of the markets.
Sellers of edible agricultural products ("Sellers") shall conduct sales activities in accordance with relevant regulations and food safety standards in order to ensure the quality and safety of edible agricultural products.
Article 7 The Departments above county level shall reinforce the construction of the information system in order to summarize and analyze information on the quality and safety of edible agricultural products, enhance supervision and administration, and prevent food safety risks.
Operators and Sellers shall provide and disclose data and information with respect to the quality and safety of edible agricultural products in accordance with the requirements of the Departments.
Operators and Sellers shall be encouraged to establish a food safety traceability system, and collect and record information with respect to sold edible agricultural products by using information technology.
Article 8 Related industry associations for Operators and for edible agricultural products shall strengthen self-discipline and supervise Operators and Sellers in fulfilling their legal obligations.
Chapter II Obligations of Operators
Article 9 Operators shall establish a sound food safety management system and supervise Sellers in fulfilling obligations to strengthen risk control for the quality and safety of edible agricultural products.
The main leaders of Operators shall implement the food safety management system and take full responsibility for the quality and safety of edible agricultural products in the market.
Operators shall have full-time or part-time food safety management officers and technical professionals, specify the responsibility of Sellers for food safety management, and organize trainings on the knowledge of food safety.
Operators shall formulate food safety emergency plans, determine the key inspection points, methods and frequencies in accordance with the risk level of edible agricultural products, and regularly inspect the implementation of preventive measures against food safety incidents, in order to timely eliminate hazards with respect to the quality and safety of edible agricultural products.
Article 10 Operators shall sell edible agricultural products in separate zones in accordance with their categories.
The environment, facilities and devices for selling and storing edible agricultural products by Operators shall meet the requirements on the quality and safety of edible agricultural products.
Article 11 Operators shall create records for Sellers to faithfully record information including the name of the seller, social credit number or ID card number, contact details, domicile, as well as major categories, supply channels and the place of origin of relevant edible agricultural products.
The records of a Seller shall be kept for at least six months after the Seller stops marketing activities. Operators shall timely update the information in the records of Sellers to ensure accuracy, authenticity and integrity.
Operators shall faithfully report to the Department at county level information with respect to the market, including name, domicile, type, name of the legal representative or the responsible person, system of food safety management and the number of stalls.
Article 12 Operators shall inspect and retain a copy of the social credit number or ID card of Sellers, certificate of origin of edible agricultural products, purchase voucher or quality certificate.
In case that Sellers fail to provide the certificate of origin of edible agricultural products, purchase voucher or quality certificate, Operators shall conduct sampling inspections or quick inspections; only products that pass sampling inspections or quick inspections may be sold in the market.
Article 13 Certificates of origin of edible agricultural products produced by manufacturing enterprises or rural cooperative organizations and their members shall be issued by the production units; certificates of origin of edible agricultural products produced by other entities or individuals shall be issued by village committees or township governments; information of the place of production on the surface of pollution-free agricultural products, green food, organic agricultural products, and other marks such as the geographical mark may serve as certificates of origin.
Article 14 Sales vouchers provided by suppliers and purchase agreements for edible agricultural products between Sellers and suppliers may serve as purchase vouchers.
Article 15 Certificates of quality and safety of edible agricultural products or certificates of self-inspection by Sellers may serve as quality certificates.
For meats requiring quarantine inspection before selling, documents such as certificate of quarantine and certificate of inspection shall be provided.
For selling imported edible agricultural products, documents such as Certificate of Inspection and Quarantine of Imported Goods issued by the entry-exit inspection and quarantine department shall be provided.
Article 16 Operators shall establish an edible agricultural product inspection system for the inspection of the marketing environment and conditions for Sellers and the quality and safety of edible agricultural products.
When an illegal behavior is discovered, such as selling unqualified edible agricultural products, Operators shall order the Seller to stop selling, deal with such behavior in accordance with the administrative regulations of centralized markets or the agreement signed with Seller, and report to the local Department at county level.
Article 17 Operators shall timely display their food safety management rules, management staff, sampling inspection results for edible agricultural products, actions against unqualified edible agricultural products and complaint hotlines in a conspicuous place.
Article 18 Operators of wholesale markets shall sign agreements on the quality and safety of edible agricultural products with Sellers to specify the duties and obligations of both parties; Sellers without such an agreement shall not be admitted into the wholesale market.
Operators of wholesale markets shall be encouraged to sign such agreement with Sellers to specify the duties and obligations of both parties with respect to the safety and quality of edible agricultural products.
Article 19 Operators of wholesale markets shall employ inspection equipment and inspectors, or entrust qualified food inspection agencies to conduct sample inspections or fast inspections on edible agricultural products, and determine the frequency for such inspections in accordance with the category and risk level of edible agricultural products.
Operators of wholesale markets shall be encouraged to employ inspection equipment and inspectors, or authorize qualified food inspection agencies to conduct sample inspections or fast inspections on edible agricultural products
Article 20 Operators of wholesale markets shall print unified sales vouchers to indicate the name, production area and the date of sales of edible agricultural products, and the name, address and contact details of the Seller.
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Order of the China Food and Drug Administration No. 20
January 5, 2016
The Measures for the Supervision and Administration of Marketing of Edible Agricultural Products, deliberated and adopted by the executive meeting of the China Food and Drug Administration, are hereby issued for implementation as of March 1, 2016.
Bi Jingquan, Minister of China Food and Drug Administration
Measures for the Supervision and Administration of Marketing of Edible Agricultural Products
Chapter I General Principles
Article 1 With a view to standardizing the marketing of edible agricultural products, enhancing the supervision and administration of marketing quality and safety, and ensuring the quality and safety of edible agricultural products, these Measures are formulated in accordance with the PRC Food Safety Law and relevant regulations.
Article 2 These Measures shall be applicable to the marketing quality and safety of edible agricultural products, and the supervision and administration thereof.
As used herein, the "marketing of edible agricultural products" refers to the sales of edible agricultural products in centralized markets, shopping malls, supermarkets, convenience stores, etc ("Marketing").
"Centralized markets" refers to wholesale and retail markets (including free markets) for edible agricultural products.
Article 3 The China Food and Drug Administration will be responsible for supervising and guiding the supervision and administration of Marketing at the national level.
The food and drug administrative departments ("Departments") of all provinces, autonomous regions and municipalities shall be responsible for supervising and guiding the supervision and administration of Marketing within their respective jurisdictions.
The Departments at municipal and county levels shall be responsible for the supervision and administration of Marketing within their respective jurisdictions.
Article 4 The marketing quality and safety and the supervision and administration thereof shall be given priority in risk precaution and management, and efforts shall be made to integrate the supplier exit system and the market access system in order to ensure the traceability of edible agricultural products sold in the markets.
Article 5 The Departments above county level shall establish a sound coordination mechanism for the supervision and administration of Marketing quality and safety with related departments.
Article 6 Operators of centralized markets ("Operators") shall enhance administration of sellers in the markets under the law to ensure standardized operation of the markets.
Sellers of edible agricultural products ("Sellers") shall conduct sales activities in accordance with relevant regulations and food safety standards in order to ensure the quality and safety of edible agricultural products.
Article 7 The Departments above county level shall reinforce the construction of the information system in order to summarize and analyze information on the quality and safety of edible agricultural products, enhance supervision and administration, and prevent food safety risks.
Operators and Sellers shall provide and disclose data and information with respect to the quality and safety of edible agricultural products in accordance with the requirements of the Departments.
Operators and Sellers shall be encouraged to establish a food safety traceability system, and collect and record information with respect to sold edible agricultural products by using information technology.
Article 8 Related industry associations for Operators and for edible agricultural products shall strengthen self-discipline and supervise Operators and Sellers in fulfilling their legal obligations.
Chapter II Obligations of Operators
Article 9 Operators shall establish a sound food safety management system and supervise Sellers in fulfilling obligations to strengthen risk control for the quality and safety of edible agricultural products.
The main leaders of Operators shall implement the food safety management system and take full responsibility for the quality and safety of edible agricultural products in the market.
Operators shall have full-time or part-time food safety management officers and technical professionals, specify the responsibility of Sellers for food safety management, and organize trainings on the knowledge of food safety.
Operators shall formulate food safety emergency plans, determine the key inspection points, methods and frequencies in accordance with the risk level of edible agricultural products, and regularly inspect the implementation of preventive measures against food safety incidents, in order to timely eliminate hazards with respect to the quality and safety of edible agricultural products.
Article 10 Operators shall sell edible agricultural products in separate zones in accordance with their categories.
The environment, facilities and devices for selling and storing edible agricultural products by Operators shall meet the requirements on the quality and safety of edible agricultural products.
Article 11 Operators shall create records for Sellers to faithfully record information including the name of the seller, social credit number or ID card number, contact details, domicile, as well as major categories, supply channels and the place of origin of relevant edible agricultural products.
The records of a Seller shall be kept for at least six months after the Seller stops marketing activities. Operators shall timely update the information in the records of Sellers to ensure accuracy, authenticity and integrity.
Operators shall faithfully report to the Department at county level information with respect to the market, including name, domicile, type, name of the legal representative or the responsible person, system of food safety management and the number of stalls.
Article 12 Operators shall inspect and retain a copy of the social credit number or ID card of Sellers, certificate of origin of edible agricultural products, purchase voucher or quality certificate.
In case that Sellers fail to provide the certificate of origin of edible agricultural products, purchase voucher or quality certificate, Operators shall conduct sampling inspections or quick inspections; only products that pass sampling inspections or quick inspections may be sold in the market.
Article 13 Certificates of origin of edible agricultural products produced by manufacturing enterprises or rural cooperative organizations and their members shall be issued by the production units; certificates of origin of edible agricultural products produced by other entities or individuals shall be issued by village committees or township governments; information of the place of production on the surface of pollution-free agricultural products, green food, organic agricultural products, and other marks such as the geographical mark may serve as certificates of origin.
Article 14 Sales vouchers provided by suppliers and purchase agreements for edible agricultural products between Sellers and suppliers may serve as purchase vouchers.
Article 15 Certificates of quality and safety of edible agricultural products or certificates of self-inspection by Sellers may serve as quality certificates.
For meats requiring quarantine inspection before selling, documents such as certificate of quarantine and certificate of inspection shall be provided.
For selling imported edible agricultural products, documents such as Certificate of Inspection and Quarantine of Imported Goods issued by the entry-exit inspection and quarantine department shall be provided.
Article 16 Operators shall establish an edible agricultural product inspection system for the inspection of the marketing environment and conditions for Sellers and the quality and safety of edible agricultural products.
When an illegal behavior is discovered, such as selling unqualified edible agricultural products, Operators shall order the Seller to stop selling, deal with such behavior in accordance with the administrative regulations of centralized markets or the agreement signed with Seller, and report to the local Department at county level.
Article 17 Operators shall timely display their food safety management rules, management staff, sampling inspection results for edible agricultural products, actions against unqualified edible agricultural products and complaint hotlines in a conspicuous place.
Article 18 Operators of wholesale markets shall sign agreements on the quality and safety of edible agricultural products with Sellers to specify the duties and obligations of both parties; Sellers without such an agreement shall not be admitted into the wholesale market.
Operators of wholesale markets shall be encouraged to sign such agreement with Sellers to specify the duties and obligations of both parties with respect to the safety and quality of edible agricultural products.
Article 19 Operators of wholesale markets shall employ inspection equipment and inspectors, or entrust qualified food inspection agencies to conduct sample inspections or fast inspections on edible agricultural products, and determine the frequency for such inspections in accordance with the category and risk level of edible agricultural products.
Operators of wholesale markets shall be encouraged to employ inspection equipment and inspectors, or authorize qualified food inspection agencies to conduct sample inspections or fast inspections on edible agricultural products
Article 20 Operators of wholesale markets shall print unified sales vouchers to indicate the name, production area and the date of sales of edible agricultural products, and the name, address and contact details of the Seller.
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