Food Safety Law of the People's Republic of China
Food Safety Law of the People's Republic of China
Food Safety Law of the People's Republic of China
Order of the President of the People's Republic of China No.9
February 28, 2009
The Food Safety Law of the People's Republic of China, adopted at the Seventh Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 28, 2009, is hereby promulgated for implementation as of June 1, 2009.
Food Safety Law of the People's Republic of China
(Adopted at the Seventh Meeting of the Standing Committee of the 11th National People's Congress on February 28, 2009)
Contents
Chapter I General Provisions
Chapter II Surveillance and Assessment of Food Safety Risks
Chapter III Food Safety Standards
Chapter IV Food Production and Trading
Chapter V Food Inspection
Chapter VI Import and Export of Food
Chapter VII Responses to Food Safety Incidents
Chapter VIII Supervision and Administration
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 The Food Safety Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated to assure food safety and to safeguard public health and life safety.
Article 2 Engaging in the following activities within the territory of the People's Republic of China shall be governed by the Law:
1. food production and processing (hereinafter referred to as "food production"), and food distribution and catering services (hereinafter referred to as "food trading");
2. production of and trading in food additives;
3. production of and trading in food packaging materials, containers, detergents, disinfectants, and tools and equipment that are used in the production of and trading in food (hereinafter referred to as "food-related products");
4. use of food additives and food-related products by food producers or traders; and
5. management of the safety of food, food additives and food-related products.
The management of the quality safety of edible primary agricultural products (hereinafter referred to as the "edible agricultural products") shall comply with the provisions of the Law of the People's Republic of China on Agricultural Product Quality Safety. However, the relevant provisions of the Law apply to the formulation of relevant quality safety standards for edible agricultural products and the release of the relevant safety information for edible agricultural products.
Article 3 Food producers and traders shall follow the provisions of laws and regulations and food safety standards in their food production and trading. They shall be responsible to the society and the public, guarantee the safety of food, accept the social supervision and bear social responsibilities.
Article 4 The State Council shall establish a food safety committee whose duties shall be defined by the State Council.
The health administrative department under the State Council undertakes the comprehensive coordination of food safety matters, is responsible for the food safety risk assessment, the formulation of food safety standards, the release of food safety information and the formulation of food inspection agencies qualification accreditation conditions and inspection practices, and organizes the investigation into and handling of major food safety incidents.
The supervision and administration over food production, and food distribution and catering services shall be carried out by the quality supervision department, administration for industry and commerce and the State food and drug administration under the State Council respectively as per their respective responsibilities designated by the Law and by the State Council.
Article 5 People's governments at the county level or above undertake, lead, organize and coordinate the food safety supervision and administration within their administrative regions on a unified basis and establish and improve the whole-process supervision and administration working mechanism for food safety; lead and direct the response to the outbreak of food safety incidents on a unified basis; improve and implement an accountability mechanism for food safety supervision and administration, and review and assess the work of food safety administrations.
People's governments at the county level or above shall define, in accordance with the Law and the provisions of the State Council, the respective responsibilities of the health administrative departments, agricultural administrative departments, quality supervision departments, administrations for industry and commerce, and food and drug administrations at the corresponding level regarding food safety supervision and administration. The relevant departments shall, within the scope of their respective responsibilities, be responsible for food safety supervision and administration within their administrative regions.
An organization which is established by the relevant department of a people's government in its subordinate administrative region shall carry out the supervision and administration over food safety in accordance with the law under the uniform organization and coordination of the local people's government.
Article 6 The health administrative departments, agricultural administrative departments, quality supervision departments, administrations for industry and commerce, and food and drug administrations at the county level or above shall strengthen their communications and cooperation, divide their tasks as per their respective responsibilities, exercise their authority in accordance with the law and assume their respective liabilities.
Article 7 Food industry associations shall enhance self-discipline of their members, instruct food producers and traders to conduct lawful production and trading, promote the credit construction of the food industry, and publicize and popularize the food safety knowledge.
Article 8 The State encourages social groups and autonomous organizations of the grass roots masses to carry out the popularization of food safety laws, regulations and food safety standards and knowledge, advocate healthy diets, and enhance consumers' awareness of food safety and self-protection ability.
News media shall carry out the public service publicity for food safety laws, regulations and food safety standards and knowledge and shall conduct supervision by public opinions over activities that are in breach of the Law.
Article 9 The State encourages and supports basic researches and applied researches relating to food safety, and encourages and supports food producers and traders to adopt advanced technologies and management practices to improve the food safety level.
Article 10 Any organization or individual has the right to report the food production and trading activities that are in breach of the Law, get food safety information from relevant departments, and propose advice and suggestions on food safety supervision and administration.
Chapter II Surveillance and Assessment of Food Safety Risks
Article 11 The State establishes a food safety risk surveillance system in order to detect food borne diseases, food contamination and harmful factors in food.
The health administrative department under the State Council shall, in concert with the relevant departments under the State Council, formulate and implement a national food safety risk surveillance plan. The health administrative departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, based on the national food safety risk surveillance plan, and in combination with the actualities of their respective administrative regions, formulate and implement the food safety risk surveillance schemes for their respective administrative regions.
Article 13 The State establishes a food safety risk assessment system to conduct the risk assessment for biological, chemical and physical hazards in food and food additives.
The health administrative department under the State Council is responsible for the organization of the food safety risk assessment work, and forms a food safety risk assessment expert committee which consists of medical, agricultural, food, nutritional and other experts to carry out the food safety risk assessment.
Experts from the food safety risk assessment expert committee shall be invited to participate in the safety assessment for pesticides, fertilizers, growth regulators, veterinary medicines, feed and feed additives.
Scientific methods based on food safety risk surveillance information, scientific data and other relevant information shall be applied to food safety risk assessment.
Article 14 The health administrative department under the State Council shall organize an inspection and food safety risk assessment immediately upon discovery of any potential food safety hazards by food safety risk surveillance or report.
Article 15 The agricultural administrative department, quality supervision department, administration for industry and commerce, the State food and drug administration and other relevant departments under the State Council shall give suggestions on food safety risk assessment and provide relevant information and data to the health administrative department under the State Council.
The health administrative department under the State Council shall inform the relevant departments under the State Council of the food safety risk assessment results on a timely basis.
Article 16 The food safety risk assessment results shall be the scientific basis for formulating and revising food safety standards and implementing the supervision and administration over food safety.
If the food safety risk assessment results prove that food is unsafe, then the quality supervision department, administration for industry and commerce and the State food and drug administration under the State Council shall promptly take relevant measures as per their respective responsibilities to ensure the suspension of production of and trading in the food and inform consumers that they shall stop consuming such food. If the formulation or revision of relevant national food safety standards is necessary, then the health administrative department under the State Council shall immediately formulate or revise the same.
Article 17 The health administrative department under the State Council shall, in concert with the relevant departments under the State Council, conduct a comprehensive analysis of the food safety situation based on the food safety risk assessment results and the information from food safety supervision and administration. The health administrative department under the State Council shall give food safety risk warnings and make announcements in a timely manner for food proved by such comprehensive analysis to be of high safety risk.
Chapter III Food Safety Standards
Article 18 The assurance of public health shall be the principle for the formulation of food safety standards. All food safety standards shall be scientific, reasonable, safe and reliable.
Article 19 Food safety standards are mandatory standards. Except for the food safety standards, no other mandatory food-related standards shall be formulated.
Article 20 Food safety standards shall include the following items:
1. provisions on the limits of pathogenic micro-organisms, residues of pesticides or veterinary medicines, heavy metals, pollutants and other substances hazardous to human health in food and food-related products;
2. the type, scope of application and dosage of food additives;
3. nutritional ingredient requirements for staple foods and supplementary foods exclusively for infants and other designated groups;
4. requirements for labels, marks, and instructions regarding food safety and nutrition;
5. hygiene requirements for food production and trading processes;
6. quality requirements relating to food safety;
7. measures and procedures for food inspection; and
8. other items necessary for formulating food safety standards.
Article 21 The health administrative department under the State Council shall be responsible for the formulation and release of national food safety standards. The standardization administrative department under the State Council shall provide the reference codes for these national standards.
The health administrative department and agricultural administrative department under the State Council shall formulate provisions on the limits of pesticide and veterinary medicine residues in food and the measures and procedures for inspecting the same.
The relevant competent department under the State Council shall, in concert with the health administrative department under the State Council, formulate inspection procedures for livestock and poultry slaughtering.
Any national standard for products involving the provisions of national food safety standards shall conform to the national food safety standards.
Article 22 The health administrative department under the State Council shall combine the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards as well as the relevant mandatory industrial standards for food and promulgate one single national food safety standard.
Prior to the promulgation under the Law of the national food safety standard, food producers and traders shall conduct food production and trading in accordance with current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards and the relevant industrial standards for food.
Article 23 The national food safety standards shall be reviewed and approved by an assessment committee for national food safety standards.
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