Administrative Measures for Food Safety Sampling Inspections

Administrative Measures for Food Safety Sampling Inspections
Administrative Measures for Food Safety Sampling Inspections

Order of the State Administration for Market Regulation No.15

August 8, 2019

The Administrative Measures for Food Safety Sampling Inspection, adopted upon deliberation at the 11th executive meeting in 2019 of the State Administration for Market Regulation on July 30, 2019, are hereby promulgated and shall come into force as of October 1, 2019.

Xiao Yaqing, Director

Administrative Measures for Food Safety Sampling Inspections

(Promulgated by the Order of the State Administration for Market Regulation No.15 on August 8, 2019)

Chapter I General Provisions

Article 1 The Measures are formulated in accordance with the Food Safety Law of the People's Republic of China and other laws and regulations, in order to standardize food safety sampling inspections, strengthen the supervision and administration of food safety, and ensure the health and safety of the public.

Article 2 The Measures shall apply to the supervisory sampling inspections and risk monitoring sampling inspections organized and implemented by administrations for market regulation with respect to food safety.

Article 3 The State Administration for Market Regulation("SAMR") is responsible for organizing and implementing the nationwide food safety sampling inspections, and supervising and instructing local administrations for market regulation in organizing and implementing food safety sampling inspections.
Administrations for market regulation at the county level or above are responsible for organizing and implementing the food safety sampling inspections at the corresponding level and carrying out the food safety sampling inspections organized by administrations for market regulation at the higher level as required.

Article 4 Aiming to discover, and investigate into and address food safety issues, administrations for market regulation shall, according to principles of science, openness, fairness and impartiality, organize and implement food safety sampling inspections of the whole process of food production and operation activities in accordance with the law.
Food producers and operators shall bear obligations as the parties primarily liable for food safety and cooperate in the food safety sampling inspections organized and implemented by administrations for market regulation in accordance with the law.

Article 5 Administrations for market regulation shall sign commission agreements with the technical agencies that undertake the food safety sampling and inspection tasks (the "inspection agencies") to clarify the rights and obligations of both parties.
Inspection agencies can be engaged in inspections only after obtaining qualifications in accordance with the relevant laws and regulations.
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