Food Safety Law of the People’s Republic of China
Promulgation Authority: Standing Committee of the National People’s Congress
Release Date: 2021-04-29
Effective on 2021-04-29
Chinese Name: 中华人民共和国食品安全法
Article 1 This Law is formulated for the purposes of ensuring food safety and safeguarding the physical health and life safety of members of the public.
Article 2 Persons engaging in the following activities in the People’s Republic of China shall comply with this Law:
(1) food manufacturing and processing (hereinafter referred to as “food manufacturing”), and circulation of foodstuffs and food and beverage services (hereinafter referred to as “food business operations”);
(2) manufacturing and business operation of food additives;
(3) manufacturing and business operation of packaging materials, containers, detergents and disinfectants used for foodstuffs, and tools and equipment used in food manufacturing and food business operations (hereinafter referred to as the “food-related products”);
(4) use of food additives and food-related products by food manufacturers and business operators;
(5) storage and transportation of foodstuffs; and
(6) safety administration of foodstuffs, food additives and food-related products.Administration of quality and safety of edible primary products sourced from agricultural industry (hereinafter referred to as the “edible agricultural products”) shall comply with the provisions of the Law of the People’s Republic of China on Quality and Safety of Agricultural Products. However, marketing of edible agricultural products, formulation of the relevant quality and safety standards and announcement of information relating to safety of edible agricultural products, and the provisions of this Law on agricultural inputs shall comply with the relevant provisions of this Law.
Article 3 Food safety work shall implement “prevention as priority, risk management, full process control and joint governance by the public”, and shall establish a scientific and stringent supervision and administration system.
Article 4 Food manufacturers and business operators shall be accountable for the safety of their food production and operation.Food manufacturers and business operators shall engage in manufacturing and business activities pursuant to the laws, regulations and food safety standards, ensure food safety, act with integrity and self-discipline, be accountable to the society and the public, accept public supervision and bear social responsibility.
Article 5 The State Council shall establish a food safety commission whose job duties shall be stipulated by the State Council.The food safety supervision and administration department of the State Council shall, pursuant to this Law and the duties stipulated by the State Council, implement supervision and administration of food manufacturing and food business operations.
The health administration department of the State Council shall, pursuant to this Law and the duties stipulated by the State Council, organise and launch food safety risk monitoring and risk evaluation, and jointly with the food safety supervision and administration department of the State Council, formulate and announce food safety standards of the State.
Other relevant departments of the State Council shall, pursuant to this Law and the duties stipulated by the State Council, undertake the relevant food safety work.
Article 6 Local People’s Governments of county level and above shall be responsible for food safety supervision and administration within their administrative region, lead, organise and coordinate on a unified basis food safety supervision and administration and handling of food safety emergencies within their administrative region, establish and improve upon a food safety full process supervision and administration work mechanism and information sharing mechanism.Local People’s Governments of county level and above shall, pursuant to this Law and the provisions of the State Council, determine the duties of their food safety supervision and administration department, health administration department and other relevant departments. The relevant departments shall be responsible for food safety supervision and administration within their administrative region pursuant to their respective duties.
The food safety supervision and administration department of the county People’s Government may establish branches in villages or specific regions.
Article 7 Local People’s Governments of county level and above shall implement a food safety supervision and administration accountability system. The higher-level People’s Governments shall be responsible for assessment and appraisal of food safety supervision and administration work of the lower-level People’s Governments. Local People’s Governments of county level and above shall be responsible for assessment and appraisal of food safety supervision and administration work of their food safety supervision and administration department and other relevant departments.
Article 8 People’s Governments of county level and above shall include food safety work in their national economic and social development plan, include food safety working budget in their government fiscal budget, strengthen development of food safety supervision and administration capacity, and provide assurance for food safety work.The food safety supervision and administration department and other relevant departments of People’s Governments of county level and above shall strengthen communication, cooperate closely, implement division of work, exercise official powers pursuant to the law and bear responsibility.
Article 9 Food industry associations shall strengthen industry self-governance, establish and improve upon industry standards and incentives and penalties mechanism pursuant to their articles of association, provide food safety information and technology services, guide and supervise food manufacturers and business operators to carry out manufacturing and business operation pursuant to the law, promote industry integrity development, promote and popularise food safety knowledge.Consumer associations and other consumer organisations shall implement public supervision pursuant to the law for violations of the provisions of this Law and acts which harm the legitimate rights and interests of consumers.
Article 10 All levels of People’s Government shall strengthen propaganda and education for food safety, popularise food safety knowledge, encourage social organisations, grassroots self-governance organisations and food manufacturers and business operators to carry out popularisation of food safety laws and regulations and food safety standards and knowledge, advocate healthy diet, and strengthen consumers’ food safety awareness and self-protection capacity.News media shall carry out public service promotion of food safety laws and regulations as well as food safety standards and knowledge, and facilitate public opinions for illegal acts pertaining to food safety. Media coverage relating to food safety shall be true and equitable.
Article 11 The State encourages and supports basic research and applied research relating to food safety, encourages and supports adoption of advanced technologies and advanced management practices by food manufacturers and business operators to raise food safety level.The State shall implement a stringent administrative system for use of pesticides, expedite elimination of hyper toxic, highly toxic and high residue pesticides, promote research and development and application of substitutes, and encourage use of efficient, low toxicity and residue pesticides.
Article 12 Any organisation or individual shall have the right to report an illegal act pertaining to food safety, enquire food safety information with the relevant authorities pursuant to the law, and give comments and recommendations on food safety supervision and administration.
Article 13 Organisations and individuals with outstanding contributions in food safety work shall be commended and rewarded pursuant to the relevant provisions of the State.
Chapter 2 Food Safety Risk Monitoring and Evaluation
Article 14 The State shall establish a food safety risk monitoring system to monitor foodborne diseases, food contamination and harmful effects of foodstuffs.The health administration department of the State Council shall, jointly with the food safety supervision and administration department, formulate and implement the food safety risk monitoring plan of the State.
The food safety supervision and administration department and other relevant departments of the State Council shall, upon becoming aware of the relevant food safety risk information, forthwith verify and report to the health administration department of the State Council. The health administration department of the State Council shall, jointly with the relevant departments of the State Council, analyse and study food safety risk information reported by the relevant authorities and information on foodborne diseases etc reported by medical institutions, and promptly make adjustment to the food safety risk monitoring plan of the State where necessary.
The health administration department of the People’s Governments of provinces, autonomous regions and centrally-administered municipalities shall, jointly with the food safety supervision and administration department, quality supervision department etc of counterpart level, formulate and adjust the food safety risk monitoring scheme of their administrative region pursuant to the food safety risk monitoring plan of the State, taking into account the specific conditions of their administrative region, and file the scheme and adjustments thereof to the health administration department of the State Council for record and implement accordingly.
Article 15 Technical organisations undertaking food safety risk monitoring shall conduct monitoring pursuant to the food safety risk monitoring plan and the monitoring scheme, ensure the veracity and accuracy of monitoring data, and submit monitoring data and analysis findings pursuant to the requirements of the food safety risk monitoring plan and the monitoring scheme.Food safety risk monitoring personnel shall have the right to enter into planting and breeding premises of the relevant edible agricultural products as well as food manufacturing and food business operations premises to collect samples and gather the relevant data, and pay for the costs of the samples collected in accordance with market price.
Article 16 Where the food safety risk monitoring outcome indicates possible food safety hazards, the health administration authorities of People’s Governments of county level and above shall promptly report the relevant information to the food safety supervision and administration authorities etc of counterpart level, and report to the local People’s Government and the health administration department of the higher-level People’s Government. The food safety supervision and administration authorities etc shall organise and conduct further investigation.
Article 17 The State shall establish a food safety risk assessment system, apply scientific methods to conduct risk assessment of biological, chemical and physical hazards in foodstuffs, food additives and food-related products based on food safety risk monitoring information, scientific data and the relevant information.The health administration department of the State Council shall be responsible for organising food safety risk assessment, and set up a food safety risk assessment experts committee comprising medical, agricultural, food, nutrition, biology, environment experts etc to carry out food safety risk assessment. Food safety risk assessment outcome shall be announced by the health administration department of the State Council.
Safety assessment for pesticides, fertilisers, veterinary drugs, feeds and feed additives etc shall be participated by experts of the food safety risk assessment experts committee.
Fees shall not be collected from the manufacturers and business operators for food safety risk assessment, and costs of collected samples shall be paid in accordance with market price.
Article 18 Under any of the following circumstances, food safety risk assessment shall be conducted:
(1) discovery of possible safety hazards in foodstuffs, food additives and food-related products through food safety risk monitoring or upon receipt of a report;
(2) where risk assessment is necessary to provide scientific basis for formulation or revision of food safety standards of the State;
(3) where risk assessment is necessary for determination of priority fields and product types for supervision and administration;
(4) discovery of new possible factors which may compromise food safety;
(5) where it is necessary to judge if a certain factor constitutes food safety hazards; or
(6) any other circumstances under which the health administration department of the State Council deems necessary to carry out risk assessment.
Article 19 Where the food safety supervision and administration department, agricultural administration department etc of the State Council discovers in the course of supervision and administration that food safety risk assessment is necessary, they shall recommend food safety risk assessment to the health administration department of the State Council, and provide information and materials such as risk sources, the relevant inspection data and conclusion related. Under the circumstances stipulated in Article 18 of this Law, the health administration department of the State Council shall promptly carry out food safety risk assessment, and report assessment findings to the relevant the State Council department(s).
Article 20 The health administration department, agricultural administration department of the People’s Governments of provincial level and above shall promptly notify each other of safety risk monitoring information of foodstuffs and edible agricultural products.The health administration department and agricultural administration department of the State Council shall promptly notify each other of safety risk assessment findings of foodstuffs and edible agricultural products.
Article 21 The food safety risk assessment findings shall be the scientific basis for formulation and revision of food safety standards and implementation of food safety supervision and administration.Where it is concluded upon food safety risk assessment that the foodstuffs, food additives and food-related products are unsafe, the food safety supervision and administration department of the State Council shall, pursuant to their respective duties, forthwith make public announcement, notify consumers to stop consuming or using the products, and adopt the corresponding measures to ensure cessation of manufacturing and business operation of the foodstuffs, food additives and food-related products; where it is necessary to formulate and revise the relevant food safety standards of the State, the health administration department of the State Council shall, jointly with the food safety supervision and administration department of the State Council, forthwith carry out formulation and revision.
Article 22 The food safety supervision and administration department of the State Council shall, jointly with the relevant State Council department(s), carry out integrated analysis of food safety conditions based on the food safety risk assessment findings, food safety supervision and administration information. For foodstuffs which indicate a higher level of safety risks based on the integrated analysis findings, the food safety supervision and administration department of the State Council shall promptly shall issue a food safety risk warning and make public announcement.
Article 23 The food safety supervision and administration department of the People’s Governments of county level and above and other relevant authorities, the food safety risk assessment experts committee and its technical organisations shall, based on the principles of scientific, objectivity, timeliness and transparency, organise food manufacturers and business operators, food inspection organisations, accreditation agencies, food industry associations, consumer associations, news media etc to exchange and communicate food safety risk assessment information and food safety supervision and administration information.
Chapter 3 Food Safety Standards
Article 24 Formulation of food safety standards shall, based on the purpose of protection of the health of members of the public, ensure scientificness and rationality, safety and reliability.
Article 25 Food safety standards are compulsory standards. In addition to food safety standards, no other mandatory food standards shall be formulated.
Article 26 Food safety standards shall include the following contents:
(1) provisions on restriction of quantity of pollutants such as the pathogenic microorganisms, pesticide residues, veterinary drug residues and heavy metals as well as other materials harmful to human health in foodstuffs and food-related products;
(2) types, scope of usage and dosage of food additives;
(3) nutrient requirements for staple and supplementary food specifically for infants, young children and other specific population groups;
(4) requirements on labels, signs and instructions relating to food safety and nutrients;
(5) hygiene requirements in food manufacturing and business operations;
(6) quality requirements relating to food safety;
(7) food inspection methods and procedures relating to food safety; and
(8) other contents of food safety standards required to be formulated.
Article 27 Food safety standards of the State shall be formulated and announced by the health administration department of the State Council jointly with the food safety supervision and administration department of the State Council, and the standardisation administration department of the State Council shall provide the national standard codes.The provisions on restriction of quantity of the pesticide residues and veterinary drug residues in foodstuffs as well as the inspection method and procedures thereof shall be formulated by the health administration department of the State Council and the agricultural administration department of the State Council jointly with the food safety supervision and administration department of the State Council.
The inspection procedures for slaughtering of livestock and poultry shall be formulated by the agricultural administration department of the State Council jointly with the health administration department of the State Council.
Article 28 Formulation of food safety standards of the State shall be based on food safety risk assessment findings and take into full consideration of safety risk assessment findings of edible agricultural products, and make reference to the relevant international standards and international food safety risk assessment findings, the draft food safety standards of the State shall be announced to the public, and the opinions of the food manufacturers and business operators , consumers, the relevant authorities etc shall be solicited.Food safety standards of the State shall be examined and passed by the food safety standards review committee of the State organised by the health administration department of the State Council. The food safety standards review committee of the State shall comprise medical, agricultural, food, nutrition, biology, environment experts etc as well as representatives from the relevant State Council departments, food industry associations and consumer associations, and shall review the scientificness and practicability of the draft food safety standards of the State.
Article 29 Where food safety standards of the State do not apply to local specialty foodstuffs, the health administration department of the People’s Governments of provinces, autonomous regions and centrally-administered municipalities may formulate and announce local food safety standards, and file the same with the health administration department of the State Council. Upon formulation of food safety standards of the State, the said local standards shall forthwith be repealed.
Article 30 The State encourages food manufacturing enterprises to formulate and apply enterprise standards which are stricter than food safety standards of the State or the local standards for the enterprise, and to file the same with the health administration department of the People’s Governments of provinces, autonomous regions and centrally-administered municipalities.
Article 31 The health administration department of the People’s Governments of provincial level and above shall announce formulated and filed food safety standards of the State and local standards and enterprise standards on their website for free access and download by the public.For problems encountered in the course of implementation of food safety standards, the health administration authorities of People’s Governments of county level and above shall, jointly with the relevant authorities, promptly give guidance and solutions.
Article 32 The health administration department of the People’s Governments of provincial level and above shall, jointly with the food safety supervision and administration, agricultural administration department etc of counterpart level, conduct follow-up assessment of implementation of food safety standards of the State and local standards, and promptly revise food safety standards in accordance with the assessment findings.The food safety supervision and administration department, agricultural administration department etc of the People’s Governments of provincial level and above shall gather and compile problems discovered in the implementation of food safety standards, and promptly notify the health administration department of counterpart level.
Food manufacturers and business operators and food industry associations shall forthwith report problems encountered in the implementation of food safety standards to the health administration authorities.
Chapter 4 Food Manufacturing and Food Business Operations
Article 33 Food manufacturing and food business operations shall comply with food safety standards, and satisfy the following requirements:
(1) the food manufacturer or food business operator shall operate at premises for handling raw materials and for processing, packaging, storage, etc for the foodstuff, which correspond to the types and quantity of foodstuff of the food manufacturing or food business operation, keep the premises clean and tidy, and maintain the stipulated distance with toxic or hazardous premises and other sources of contamination;
(2) the food manufacturer or food business operator shall be equipped with the manufacturing or business equipment or facilities which correspond to the types and quantity of foodstuff manufactured or in business operation, and the corresponding equipment or facilities for disinfection, changing, washing, lighting, illumination, ventilation, antisepsis, dust-proofing, anti-housefly, anti-rat, pest control and rinsing, as well as sewage treatment, storage of rubbish and waste;
(3) the food manufacturer or food business operator shall employ full-time or part time professional food safety technical personnel and food safety management personnel, and set up rules and system to ensure food safety;
(4) the food manufacturer or food business operator shall have reasonable equipment layout and workflow to prevent cross-contamination between to-be-processed food and food that can be consumed directly and cross-contamination between raw materials and finished products, and to avoid contact of food with toxic substances or dirt;
(5) the tableware, utensils used for drinking and containers for food that can be consumed directly shall be washed and disinfected before use; kitchenware and utensils shall be washed after use and kept clean;
(6) containers, tools and equipment for storage, transportation and loading and unloading of foodstuffs shall be safe, harmless and kept clean to avoid food contamination, and shall comply with special requirements such as temperature and humidity for assurance of food safety, and foodstuffs shall not be stored, transported together with toxic or harmful substances;
(7) food that can be consumed directly shall be packed using non-toxic and clean packaging materials or tableware;
(8) the personnel of the food manufacturer or food business operator shall maintain personal hygiene, wash their hands and wear clean work uniform and cap when handling foodstuffs; and use non-toxic and clean containers, sales tools and equipment when selling food that can be consumed directly;
(9) water consumption shall comply with the drinking water hygiene standards stipulated by the State;
(10) the detergent and disinfectant used shall be safe and harmless to human body; and
(11) any other requirements stipulated by laws, regulations.Non-food manufacturers and business operators engaging in storage, transportation, loading and unloading of foodstuffs shall comply with the provisions of item (6) of the preceding paragraph.
Article 34 Manufacturing and business operation of the following foodstuffs, food additives and food-related products shall be prohibited:
(1) foodstuffs manufactured using non-food raw materials or added with chemical substances other than food additives and other substances which may be harmful to human health, or foodstuffs manufactured using recalled foodstuffs as raw materials;
(2) foodstuffs, food additives and food-related products containing pollutants such as pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins and heavy metals as well as containing other substances harmful to human health which exceed the restricted quantity stipulated by food safety standards;
(3) foodstuffs and/or food additives manufactured using food ingredients and/or food additives with expired shelf life;
(4) foodstuffs which use food additives beyond the scope and stipulated quantity;
(5) staple and supplementary food specifically for infants, young children and other specific population groups, with nutrients that do not comply with food safety standards;
(6) foodstuffs and/or food additives which are rotten and deteriorated, rancid, mildewed, dirty, contaminated, adulterated or displaying abnormal sensory traits;
(7) meat and products of poultry, livestock, wild animals and aquatic animals which have died of diseases or poisoned to death or died of unknown causes;
(8) meat which has not undergone quarantine or failed quarantine, or meat products which have not undergone inspection or failed inspection;
(9) foodstuffs and/or food additives which have been contaminated by packaging materials, containers, transportation tools etc;
(10) foodstuffs and/or food additives indicating false date of manufacture or shelf life, or foodstuffs and/or food additives with expired shelf life;
(11) pre-packed foodstuffs and/or food additives without labels;
(12) foodstuffs in which manufacturing or business operation is prohibited by the State expressly due to special needs such as disease prevention; and
(13) other foodstuffs, food additives and food-related products which do not comply with laws, regulations or food safety standards.
Article 35 The State adopts a licensing system for food manufacturing, food sales or catering services shall obtain a permit in accordance with the law. However, the sale of edible agricultural products and the sale of pre-packaged food only are not subject to a permit. Where only pre-packaged food is sold, it shall be filed with the local food safety regulatory department of the local people’s government at or above the county level for the record.The food safety supervision and administration department of the local People’s Governments of county level and above shall, pursuant to the provisions of the Law of the People’s Republic of China on Administrative Licensing, examine the relevant materials submitted by an applicant as required by item (1) to item (4) of the first paragraph of Article 33 of this Law, and conduct onsite examination of the manufacturing and business premises of the applicant when necessary; a permit shall be granted to applicants who satisfy the stipulated criteria; a permit shall not be granted to applicant who do not satisfy the stipulated criteria and the reason shall be stated in writing.
Article 36 Small food manufacturing and processing workshops and food hawkers engaging in food manufacturing and food business activities shall comply with the food safety requirements stipulated by this Law and corresponding to their scale of manufacturing and business and business conditions, and ensure that their foodstuffs are hygienic, non-toxic and harmless; the food safety supervision and administration department shall strengthen supervision and administration thereof;Local People’s Governments of county level and above shall implement integrated governance for small food manufacturing and processing workshops, food hawkers etc, strengthen services and unified planning, improve upon their manufacturing and business environment, encourage and support improvement of their manufacturing and business conditions, operate in fixed premises such as centralised markets and shops, or operate at designated business regions and time slots.
Detailed administrative measures on small food manufacturing and processing workshops, food hawkers etc shall be formulated by provinces, autonomous regions and centrally-administered municipalities.
Article 37 For manufacturing of foodstuffs using new food ingredients, or manufacturing of new types of food additives and new types of food-related products, safety assessment materials for the relevant products shall be submitted to the health administration department of the State Council. The health administration department of the State Council shall organise examination within 60 days from receipt of an application; where the application satisfies food safety requirements, a permit shall be granted and announcement shall be made; where the application does not satisfy food safety requirements, a permit shall not be granted and the reason shall be stated in writing.
Article 38 Food manufacturers and food business operators shall not add drugs to foodstuffs, but may add substances which are deemed traditionally as foodstuff cum Chinese herbal medicine. A list of substances deemed traditionally as foodstuff cum Chinese herbal medicine shall be formulated and announced by the health administration department of the State Council jointly with the food safety supervision and administration department of the State Council.
Article 39 The State shall implement a licensing system for manufacturing of food additives. Manufacturers of food additives shall be equipped with premises and manufacturing equipment or facilities, employ professional technical personnel and establish management systems that correspond to the types of food additives they manufacture, and obtain a manufacturing permit for food additives in accordance with the procedures stipulated in the second paragraph of Article 35 of this Law.Manufacturing of food additives shall comply with laws, regulations and food safety standards of the State.
Article 40 Food additives shall be used where technically necessary and shall be proven safe and reliable through risk assessment before they can be included in the scope of permitted use; the relevant food safety standards of the State shall be promptly revised in accordance with technical necessity and food safety risk assessment findings.Food manufacturers and business operators shall use food additives pursuant to food safety standards of the State.
Article 41 Manufacturing of food-related products shall comply with laws, regulations and food safety standards of the State. Food-related products with higher risks such as packaging materials etc which come into direct contact with foodstuffs shall be subject to manufacturing licensing pursuant to the relevant provisions of the State on administration of manufacturing permit for industrial products. The food safety authorities shall strengthen supervision and administration of manufacturing of food-related products.
Article 42 The State shall establish a food safety full process tracking system.Food manufacturers and business operators shall establish a food safety tracing system pursuant to the provisions of this Law to ensure traceability of foodstuffs. The State encourages food manufacturers and business operators to adopt information technology to gather and retain manufacturing and business operation information, and establish a food safety tracing system.
The food safety supervision and administration department of the State Council shall, jointly with the agricultural administration department etc of the State Council, establish a food safety full process tracing collaborative mechanism.
Article 43 All levels of local People’s Government shall adopt measures to encourage scale manufacturing and chain operation, distribution for foodstuffs.The State encourages food manufacturing and food business operation enterprises to participate in food safety liability insurance.
Section 2 Control of Food Manufacturing Process
Article 44 Food manufacturing and food business operation enterprises shall establish and improve upon a food safety management system, conduct food safety knowledge training for their employees, strengthen food inspection work, and engage in manufacturing and business operation pursuant to the law.The key person(s)-in-charge of food manufacturing and food business operation enterprises shall implement the enterprise’s food safety management system and be fully accountable for food safety work of the enterprise.
Food manufacturing and food business operation enterprises shall employ food safety management personnel, and strengthen training and appraisal for the food safety management personnel. Persons appraised and found to be lacking in food safety management capability shall not be posted to a food safety management position. The food safety supervision and administration authorities shall conduct random sampling inspection appraisal of food safety management personnel of enterprises, and announce the appraisal findings. No fees shall be collected for supervision of random sampling inspection appraisal.
Article 45 Food manufacturers and business operators shall establish and implement an employee health management system. Persons diagnosed with illnesses which may impede food safety as stipulated by the health administration department of the State Council shall not handle work which has direct contact with food that can be consumed directly.Personnel of food manufacturing and food business operations who handle work which have direct contact with food that can be consumed directly shall undergo yearly health check, and may be posted to such positions only upon obtaining a health certificate.
Article 46 Food manufacturing enterprises shall formulate and implement control requirements for the following matters to ensure that the foodstuffs they manufacture comply with food safety standards:
(1) control over ingredients such as procurement of ingredients, inspection and acceptance of ingredients, and batch feeding;
(2) control over key manufacturing processes such as manufacturing process, equipment, storage and packaging;
(3) control over inspection such as inspection of ingredients, semi-finished products and finished products; and
(4) control over transportation and delivery.
Article 47 Food manufacturers and business operators shall establish a food safety self-inspection system, and conduct inspection and assessment of food safety conditions on a regular basis. Where there is any change in manufacturing and business operation conditions and the food manufacturer or business operator no longer complies with food safety requirements, the food manufacturer or business operator shall forthwith adopt rectification measures; in the event of a food safety incident with potential risks, the food manufacturer or business operator shall forthwith cease food manufacturing or food business operations, and report to the food safety supervision and administration department of the county People’s Government at the locality.
Article 48 The State encourages food manufacturing and food business operation enterprises to comply with good manufacturing practice requirements, implement a hazard analysis and critical control point system, and enhance their food safety management level.The accreditation agencies shall implement follow-up investigation pursuant to the law for food manufacturing and food business operation enterprises which have been accredited for good manufacturing practice and their hazard analysis and critical control point system; the accreditation of enterprises which no longer comply with accreditation requirements shall be revoked pursuant to the law, the accreditation agencies shall promptly notify the food safety supervision and administration department of the People’s Governments of county level and above and make a public announcement. Accreditation agencies shall not collect fees for implementation of follow-up investigation.
Article 49 Manufacturers of edible agricultural products shall use agricultural inputs such as pesticides, fertilisers, veterinary drugs, feeds and feed additives pursuant to food safety standards and the relevant provisions of the State, strictly implement the provisions on safety intervals or withdrawal period for agricultural inputs, and shall not use agricultural inputs prohibited by the State. Hyper toxic and highly toxic pesticides shall not be used on crops stipulated by the State such as vegetables, fruits, tea leaves and Chinese medicinal herbs.Manufacturing enterprises of edible agricultural products and
specialised cooperative economic organisations of farmers shall establish a system to record use of agricultural inputs.
The agricultural administration department of the People’s Governments of county level and above shall strengthen supervision and administration and guidance for use of agricultural inputs, establish and improve upon an agricultural inputs safe use system.
Article 50 Food manufacturers purchasing food ingredients, food additives and food-related products shall check the supplier’s licence and product quality certificate; and inspect food ingredients without a product quality certificate pursuant to food safety standards; and shall not purchase or use food ingredients, food additives and food-related products which do not comply with food safety standards.Food manufacturing enterprises shall establish an inspection records system for purchases of food ingredients, food additives and food-related products, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life, date of purchase and name, address, contact details of supplier etc for food ingredients, food additives and food-related products, and retain the relevant documentation. The records and documentation shall be kept at least up to six months upon expiry of the product’s shelf life; where the shelf life is not specified, the records and documentation shall be kept at least for two years.
Article 51 Food manufacturing enterprises shall establish an inspection records system for ex-factory foodstuffs, check the inspection certificate and safety conditions of ex-factory foodstuffs, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life, inspection certificate number and date of sale of foodstuffs, as well as the name, address and contact details of buyer etc, and retain the relevant documentation. The retention period of records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.
Article 52 Manufacturers of foodstuffs, food additives and food-related products shall inspect their foodstuffs, food additives and food-related products pursuant to food safety standards, and only foodstuffs, food additives and food-related products which pass inspection may ex-factory or be sold.
Article 53 Food business operators purchasing foodstuffs shall check the supplier’s permit and foodstuffs ex-factory inspection certificate or other qualification proof (hereinafter referred to as the “qualification proof documents”).Food business enterprises shall establish an inspection records system for inspection of purchased foodstuffs, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life and date of purchase of foodstuffs, as well as the name, address and contact details of the supplier etc, and retain the relevant documentation. The retention period of the records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.
Food business enterprises implementing unified distribution may arrange for the head office of the enterprise to implement unified inspection of the permits of suppliers and product quality certificates of foodstuffs and to keep inspection records for purchases of foodstuffs.
Foodstuffs wholesale business enterprises shall establish a records system for sale of foodstuffs, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life and date of sale of wholesale foodstuffs as well as the name, address, contact details of buyers etc, and retain the relevant documentation. The retention period of the records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.
Article 54 Food business operators shall store foodstuffs pursuant to the requirements of ensuring food safety, inspect foodstuff inventory on a regular basis, and promptly dispose deteriorated foodstuffs or foodstuffs with expired shelf life.Food business operators storing bulk foodstuffs shall indicate the description, date of manufacture or production batch, shelf life of foodstuffs, the name and contact details of manufacturer etc at the place of storage.
Article 55 Food and beverage service providers shall formulate and implement control requirements for ingredients, and shall not purchase food ingredients which do not comply with food safety standards. Food and beverage service providers are encouraged to publicise their processing workflow and announce information such as food ingredients and their sources.Food and beverage service providers shall, in the processing workflow, inspect foodstuffs and ingredients to be processed, and shall not process or use foodstuffs and ingredients which fall under the description of item (6) of Article 34 of this Law.
Article 56 Food and beverage service providers shall carry out maintenance of foodstuff processing, storage, display facilities and equipment on a regular basis; clean and calibrate insulation and cold storage and refrigeration facilities on a regular basis.Food and beverage service providers shall clean and disinfect tableware and kitchenware pursuant to the requirements, and shall not use tableware and kitchenware which have not been cleaned and disinfected; where a food and beverage service provider outsources the cleaning and disinfection of tableware and kitchenware, the entrusted tableware and kitchenware centralised disinfection service provider shall comply with the criteria stipulated in this Law.
Article 57 Centralised canteens of schools, nurseries, nursing homes, construction sites etc shall strictly comply with laws, regulations and food safety standards; canteens ordering from caterers shall select a catering enterprise which holds a food manufacturing and food business operations permit and inspect ordered foodstuffs pursuant to the requirements. Caterers shall strictly comply with laws, regulations and food safety standards, process current meal and ensure food safety.The department in charge of centralised canteens of schools, nurseries, nursing homes, construction sites etc shall strengthen food safety education and day-to-day management of the centralised canteen, reduce food safety risks, and promptly eliminate food safety hazards.
Article 58 Tableware and kitchenware centralised disinfection service providers shall be equipped with the corresponding operation premises and cleaning and disinfectant equipment or facilities, water consumption and the detergent and disinfectants used shall comply with the relevant food safety standards of the State and other standards and health norms of the State.Tableware and kitchenware centralised disinfection service providers shall conduct batch inspection of disinfected tableware and kitchenware, and may only deliver disinfected tableware and kitchenware which passed inspection and are attached with a disinfection certificate. The service provider shall indicate on the independent packaging of disinfected tableware and kitchenware the name, address, contact details of the service provider, date of disinfection and use-by date etc.
Article 59 Manufacturers of food additives shall establish a records system for inspection of ex-factory food additives, inspect the inspection certificate and safety conditions of ex-factory products, truthfully record the description, specifications, quantity and date of manufacture or production batch, shelf life, inspection certificate number and date of sale of food additives, as well as the name, address, contact details of the suppliers etc, and retain the relevant documentation. The retention period of records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.
Article 60 Food additive business operators purchasing food additives shall inspect the permit of the supplier and product quality certificate pursuant to the law, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life and date of purchase of food additives as well as the name, address, contact details of the suppliers etc, and retain the relevant documentation. The retention period of records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.
Article 61 Organisers of centralised trading markets, lessors of counters and organisers of fairs shall examine the permits of participating food business operators pursuant to the law, specify their food safety management responsibilities, and conduct inspection of business environment and conditions on a regular basis; and shall, upon discovery of any violation of the provisions of this Law, promptly stop the offender and forthwith report to the food safety supervision and administration department of the county People’s Government at the locality.
Article 62 Third party platform providers of online transactions of foodstuffs shall implement real name registration for participating food business operators, and specify their food safety management responsibilities; where a permit is required to be obtained pursuant to the law, the permit shall be examined.Third party platform providers of online transactions of foodstuffs shall, upon discovery of any violation by participating food business operators of the provisions of this Law, promptly stop the offender and forthwith report to the food safety supervision and administration department of the county People’s Government at the locality; upon discovery of a serious illegal act, the third party platform provider shall forthwith cease provision of online trading platform service.
Article 63 The State shall establish a foodstuffs recall system. Food manufacturers shall, upon discovery that the foodstuffs manufactured by them do not comply with food safety standards or based on the evidence that the foodstuffs may endanger human health, forthwith cease manufacturing, recall foodstuffs from the market, notify the relevant food business operators and consumers, and record information of the recall and notification.Food business operators shall, upon discovery that foodstuffs in their business operation fall under the description in the preceding paragraph, forthwith cease business operation, notify the relevant food business operators and consumers, and record information of cessation of business operation and notification. Where the food manufacturer deems that recall of the foodstuffs is necessary, a recall shall be made forthwith. Where a food business operator is accountable for causing the foodstuffs in its business operation to fall under the description in the preceding paragraph, the food business operator shall recall the foodstuffs.
Food manufacturers and business operators shall carry out innocuous treatment and destruction measures for recalled foodstuffs to prevent the recalled foodstuffs from re-circulation in the market. However, in the case of a recall due to the label’s, sign’s or instructions’ non-compliance of food safety standards, the foodstuffs may continue to be sold if the food manufacturer adopts remedial measures and is able to assure food safety; the remedial measures shall be shown clearly to consumers at the time of sale.
Food manufacturers and business operators shall report information on recall and handling of foodstuffs to the food safety supervision and administration department of the county People’s Government at the locality; where it is necessary to carry out innocuous treatment and destruction measures for recalled foodstuffs, the time and venue shall be reported beforehand. The food safety supervision and administration department may implement onsite supervision where necessary.
Where the food manufacturer or business operator failed to recall foodstuffs or cease business operation pursuant to the provisions of this Article, the food safety supervision and administration department of the People’s Governments of county level and above may order the food manufacturer or business operator to recall foodstuffs or cease business operation.
Article 64 Wholesale markets of edible agricultural products shall be equipped with inspection facilities and employ inspectors or entrust a food inspection organisation which complies with the provisions of this Law to conduct random sampling inspection of edible agricultural products sold in the wholesale market. Upon discovery of edible agricultural products which do not comply with food safety standards, the seller shall be required to stop selling the products immediately, and a report shall be made to the food safety supervision and administration authorities.
Article 65 Sellers of edible agricultural products shall establish a system to record inspection of purchased edible agricultural products, truthfully record the description, quantity and date of purchase of edible agricultural products as well as the name, address, contact details of the supplier etc, and retain the relevant documentation. The retention period of the records and documentation shall be at least six months.
Article 66 Food additives such as anti-staling agents, preservatives and food-related products such as packaging materials etc used during the storage, preservation, storage and transportation of edible agricultural products sold in the market shall comply with food safety standards of the State.
Section 3 Labels, Instructions and Advertisements
Article 67 Packaging of pre-packed foodstuffs shall be labeled. The label shall state the following information:
(1) description, specification, net weight and date of manufacture;
(3) name, address and contact details of the manufacturer;
(5) product standardised code;
(7) common names in State standards for food additives used in the product;
(8) manufacturing permit serial number; and
(9) any other information required to be labelled pursuant to laws, regulations or food safety standards.The labels for staple and supplementary food specifically for infants and young children and other specific population groups shall also state the main nutritional components and contents.
Where the food safety standards of the State stipulate otherwise on information in labels, such provisions shall prevail.
Article 68 For bulk foodstuffs sold by food business operators, the description, date of manufacture or production batch, and shelf life of the foodstuffs, as well as the name, address and contact details of the manufacturer and business operator, shall be indicated on the container, external packaging of the bulk foodstuffs.
Article 69 Manufacturers and business operators of genetically-modified foodstuffs shall include prominent labels pursuant to the provisions.
Article 70 Food additives shall include label, instructions and packaging. The label and instructions shall state information stipulated in item (1) to item (6), item (8) and item (9) of the first paragraph of Article 67, as well as the scope of use, dosage and method of use of food additives, and the wording “food additives” shall be included in the label.
Article 71 The label and instructions of foodstuffs and food additives shall not contain false contents, or claim to have disease prevention and treatment function. Manufacturers and business operators shall be responsible for the contents of the labels and instructions provided by them.The label and instructions of foodstuffs and food additives shall be clear and prominent, and information such as date of manufacture and shelf life shall be labeled prominently and easily identified.
Foodstuffs and food additives which are inconsistent with the contents of their label and instructions shall not be sold.
Article 72 Food business operators shall sell foodstuffs in accordance with the requirements of the warning sign, warning note or highlighted matters labeled on the foodstuffs’ label.
Article 73 The contents of food advertisements shall be true and legitimate, shall not contain false contents or claim to have disease prevention and treatment function. Food manufacturers and business operators shall be responsible for the veracity and legitimacy of advertisement contents of their foodstuffs.The food safety supervision and administration department of the People’s Governments of county level and above and the other relevant authorities, as well as food inspection organisations and food industry associations, shall not recommend foodstuffs to consumers in the form of advertisements or any other form. Consumer organisation shall not recommend foodstuffs to consumers with the purpose of collecting fees or seeking gains.
Article 74 The State shall implement stringent supervision and administration for special foodstuffs such as health food, special formula foodstuffs for special medical purposes and infant formula.
Article 75 Health function asserted by health food shall be backed by scientific basis, and shall not cause acute, sub-acute or chronic harm to human health.A list of health food ingredients and permitted health function assertions by health food shall be formulated, revised and announced by the food safety supervision and administration department of the State Council jointly with the health administration department and traditional Chinese medicine administration department of the State Council.
The list of health food ingredients shall include description and dosage of ingredients and the corresponding efficacy; the ingredients included in the list of health food ingredients shall only be used for manufacturing of health food, and shall not be used for manufacturing of other foodstuffs.
Article 76 Health food using ingredients other than those included in the list of health food ingredients and first-time imported health food shall be registered with the food safety supervision and administration department of the State Council. However, where a first-time imported health food is deemed as vitamins, minerals and other nutrients, record shall be filed with the food safety supervision and administration department of the State Council. Other health food shall be filed with the food safety supervision and administration department of the People’s Governments of provinces, autonomous regions and centrally-administered municipalities.Imported health food shall be products allowed by the authorities of the exporting country (region) to be sold.
Article 77 For health food required to be registered pursuant to the law, the research and development report, product formula, manufacturing process, safety and health function assessment, label, instructions etc of the health food shall be submitted at the time of registration, and the relevant proof documents shall be provided. The food safety supervision and administration department of the State Council shall, upon technical review, grant registration for applications which satisfy the requirements of safety and function assertion; where an application does not satisfy the requirements, registration shall not be granted and the reason shall be stated in writing. In the event of a decision to grant registration for health food other than those included in the list of health food ingredients, the said ingredients shall be promptly included in the list of health food ingredients.For health food required to be filed pursuant to the law, the product formula, manufacturing process, label, instructions and materials stating the product’s safety and health function shall be submitted at the time of filing.
Article 78 The label and instructions of health food shall not claim disease prevention and treatment function, the contents shall be true and consistent with the filing’s contents, the specific suitable and unsuitable group(s), effective ingredients or symbolic ingredients and their contents etc shall be stated, and the statement “this product does not serve as a substitute for medicine” shall be included. The functions and ingredients of the health food shall be consistent with the contents of the labels and instructions.
Article 79 Health food advertisements shall, in addition to complying with the provisions of the first paragraph of Article 73 of this Law, state that “this product does not serve as a substitute for medicine”; the contents shall be examined and approved by the food safety supervision and administration department of the People’s Government of the province, autonomous region or centrally-administered municipality where the manufacturing enterprise is located, and shall obtain an approval document for health food advertisement. The food safety supervision and administration department of the People’s Governments of provinces, autonomous regions and centrally-administered municipalities shall announce and promptly update the contents of the approved list of health food advertisements and advertisement contents.
Article 80 Special formula foodstuffs for special medical purposes shall be registered with the food safety supervision and administration department of the State Council. The product formula, manufacturing process, label, instructions and materials stating the product’s safety, nnutritional adequacy and clinical results of special medical purposes shall be submitted at the time of registration.The provisions of the Advertising Law of the People’s Republic of China and other laws and administrative regulations on administration of drug advertisements shall apply to advertisements of special formula foodstuffs for special medical purposes.
Article 81 Infant formula manufacturing enterprises shall implement full process quality control from purchase of ingredients to ex-factory. Batch-by-batch inspection of ex-factory infant formula shall be implemented to ensure food safety.Food ingredients and food additives such as raw fresh milk and auxiliary ingredients used for manufacturing of infant formula shall comply with the provisions of laws and administrative regulations and food safety standards of the State to ensure necessary nutrients for infant growth and development.
Infant formula manufacturing enterprises shall file food ingredients, food additives, product formula and label etc with the food safety supervision and administration department of the People’s Government of the province, autonomous region or centrally-administered municipality.
Product formula for infant formula milk powder shall be registered with the food safety supervision and administration department of the State Council. The research and development report for the formula and other materials stating the formula’s scientificness and safety shall be submitted at the time of registration.
Manufacturing of infant formula milk powder shall not adopt separate packaging method, and an enterprise shall not use the same formula to manufacture different brands of infant formula milk powder.
Article 82 Persons applying for registration or filing of health food, special formula foodstuffs for special medical purposes and infant formula milk powder shall be responsible for the veracity of materials submitted by them.The food safety supervision and administration department of the People’s Governments of provincial level and above shall promptly announce the list of registered or filed health food, special formula foodstuffs for special medical purposes, and infant formula milk powder, and keep confidentiality of commercial secrets which have come into their knowledge during the registration or filing process.
Health food, special formula foodstuffs for special medical purposes, and infant formula milk powder manufacturing enterprises shall organise manufacturing pursuant to registered or filed technical requirements such as product formula and manufacturing process.
Article 83 Enterprises manufacturing health food, special formula foodstuffs for special medical purposes, infant formula and staple and supplementary food specifically for other specific population groups shall establish a manufacturing quality management system corresponding to the foodstuffs they manufacture pursuant to the requirements of good manufacturing practice, conduct self-inspection of the system’s operation on a regular basis, ensure effective operation of the system, and submit self-inspection reports to the food safety supervision and administration department of the county People’s Government at the locality.
Article 84 Food inspection organisations may only engage in food inspection activities upon obtaining accreditation pursuant to the relevant provisions of the State on accreditation, unless the laws stipulate otherwise.The accreditation criteria and inspection norms for food inspection organisations shall be stipulated by the food safety supervision and administration department of the State Council.
Inspection reports issued by food inspection organisations which comply with the provisions of this Law shall have equal validity.
People’s Governments of county level and above shall consolidate food inspection resources to achieve sharing of resources.
Article 85 Food inspection shall be carried out independently by inspectors designated by food inspection organisations.Inspectors shall carry out inspection of foodstuffs pursuant to the provisions of the relevant laws and regulations and in accordance with food safety standards and inspection norms, respect science, uphold professional ethics, and ensure that the inspection data and conclusion issued are objective and equitable, and shall not issue false inspection reports.
Article 86 Food inspection organisations and inspectors shall be accountable for food inspection. Food inspection reports shall be affixed with the official seal of the food inspection organisation, and signed or sealed by the inspector(s). Food inspection organisations and inspectors shall be accountable for the food inspection reports issued by them.
Article 87 The food safety supervision and administration department of the People’s Governments of county level and above shall conduct random sampling inspection of foodstuffs on a regular or ad hoc basis, and announce inspection findings pursuant to the relevant provisions, and shall not exempt inspection. Samples shall be purchased for random sampling inspection, and a food inspection organisation which complies with the provisions of this Law shall be entrusted to carry out inspection, and the relevant fees shall be paid; no inspection fee and other fees shall be collected from food manufacturers and business operators.
Article 88 Food manufacturers and business operators who disagree with the conclusion of an inspection carried out pursuant to the provisions of this Law may apply to the food safety supervision and administration department which conducts the random sampling inspection or the higher-level food safety supervision and administration department for re-inspection within seven working days from receipt of the conclusion of inspection, and the food safety supervision and administration department which accepts the application for re-inspection shall randomly select a re-inspection organisation from the list of re-inspection organisations to carry out the re-inspection. The conclusion of re-inspection issued by the re-inspection organisation shall be the final inspection conclusion. The re-inspection organisation shall not be the organisation which carries out the initial inspection. The list of re-inspection organisations shall be jointly announced by the accreditation supervision and administration department, food safety supervision and administration department, health administration department, agricultural administration department etc of the State Council.Random sampling inspection of edible agricultural products shall adopt the rapid detection method stipulated by the State. A party being inspected who disagrees with the test results may apply for re-inspection within four hours from receipt of the test results. Re-inspection shall not adopt the fast detection method.
Article 89 Food manufacturing enterprises may conduct inspection of the foodstuffs manufactured by them, or entrust a food inspection organisation which complies with the provisions of this Law to carry out inspection.Food industry associations, consumer associations etc shall entrust a food inspection organisation which complies with the provisions of this Law when the consumers require an entrusted food inspection organisation to carry out inspection of foodstuffs.
Article 90 The provisions of this Law on food inspection shall apply to inspection of food additives.
Chapter 6 Importation and Exportation of Foodstuffs
Article 91 Inbound and outbound inspection and quarantine authorities of the State shall implement supervision and administration for food safety of imported and exported foodstuffs.
Article 92 Imported foodstuffs, food additives and food-related products shall comply with food safety standards of the State.Imported foodstuffs and food additives shall pass inspection conducted by inbound and outbound inspection and quarantine agencies pursuant to the provisions of the relevant laws and administrative regulations on inspection of imports and exports.
Imported foodstuffs and food additives shall be attached with proof of compliance in accordance with the requirements of the inbound and outbound inspection and quarantine authorities of the State.
Article 93 In the case of imported foodstuffs for which the food safety standards of the State do not apply, the overseas exporter, overseas manufacturing enterprise or the entrusted importer shall submit the applicable standards of the relevant country (region) or the international standards to the health administration department of the State Council. The health administration department of the State Council shall examine the relevant standards, and may decide to apply such standards temporarily if they are deemed to satisfy food safety requirements, and shall promptly formulate the corresponding food safety standards of the State. Importation of foodstuffs manufactured using new food ingredients or importation of new types of food additives or new types of food-related products shall be handled pursuant to the provisions of Article 37 of this Law.Inbound and outbound inspection and quarantine agencies shall conduct inspection of the foodstuffs, food additives and food-related products stipulated in the preceding paragraph in accordance with the requirements of the health administration department of the State Council. The inspection findings shall be announced.
Article 94 Overseas exporters and overseas manufacturing enterprises shall ensure that foodstuffs, food additives and food-related products exported to China comply with the provisions of this Law and other relevant laws, administrative regulations and the requirements of food safety standards of the State, and shall be responsible for the contents of the labels and instructions.Importers shall establish an examination system for overseas exporters and overseas manufacturing enterprises, and focus on examination of the contents stipulated in the preceding paragraph; and importation will be not allowed if failing to pass examination.
Upon discovery of imported foodstuffs which do not comply with food safety standards of the State, or where there is evidence to prove that the imported foodstuffs may endanger human health, the importer shall forthwith cease importation and recall the imported foodstuffs pursuant to the provisions of Article 63 of this Law.
Article 95 Where a food safety incident occurred overseas may have an impact in China, or upon discovery of a serious food safety issue in imported foodstuffs, food additives and food-related products, the inbound and outbound inspection and quarantine authorities of the State shall promptly adopt risk warning or control measures, and notify the food safety supervision and administration department, health administration department and agricultural administration department of the State Council. The notified authorities shall promptly adopt the corresponding measures.The food safety supervision and administration department of the People’s Governments of county level and above shall implement supervision and administration of imported foodstuffs and food additives sold in the domestic market. Upon discovery of a serious food safety issue, the food safety supervision and administration department of the State Council shall promptly notify the inbound and outbound inspection and quarantine authorities of the State. The inbound and outbound inspection and quarantine authorities of the State shall promptly adopt the corresponding measures.
Article 96 Overseas exporters or agents exporting foodstuffs to China and importers importing foodstuffs into China shall file record with the inbound and outbound inspection and quarantine authorities of the State. Overseas food manufacturing enterprises exporting foodstuffs to China shall be registered with the inbound and outbound inspection and quarantine authorities of the State. The inbound and outbound inspection and quarantine authorities of the State shall revoke registration of registered overseas food manufacturing enterprises guilty of providing false materials or responsible for causing a serious food safety incident, and make an announcement.The inbound and outbound inspection and quarantine authorities of the State shall announce the lists of filed overseas exporters, agents, importers and registered overseas food manufacturing enterprises on a regular basis.
Article 97 Imported pre-packed foodstuffs and food additives shall include Chinese labels; where the law requires the foodstuffs and food additives to include instructions, such foodstuffs and food additives shall also include Chinese instructions. The labels and instructions shall comply with the provisions of this Law and other relevant laws and administrative regulations of China and the requirements of food safety standards of the State, and state the origin of the foodstuffs and the name, address and contact details of the agent in China. Pre-packed foodstuffs which do not include Chinese labels or Chinese instructions or pre-packed foodstuffs with labels or instructions which do not comply with the provisions of this Law shall not be imported.
Article 98 Importers shall establish a system for recording of importation and sale of foodstuffs and food additives, truthfully record the description, specifications, quantity, date of manufacture, production or importation batch, shelf life of the foodstuffs and food additives, the name, address and contact details of the overseas exporter and the buyer, date of delivery of goods etc, and retain the relevant documentation. The retention period of the records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.
Article 99 Food manufacturing enterprises exporting their products shall ensure that the exported foodstuffs comply with the standards of the importing country (region) or the requirements of the contract.Food manufacturing enterprises exporting their products and plantations and breeding farms exporting food ingredients shall file record with the inbound and outbound inspection and quarantine authorities of the State.
Article 100 The inbound and outbound inspection and quarantine authorities of the State shall gather and compile the following food safety information of imported and exported foodstuffs, and promptly notify the relevant authorities, organisations and enterprises:
(1) food safety information of imported and exported foodstuffs discovered by inbound and outbound inspection and quarantine agencies during the inspection and quarantine process;
(2) food safety information of imported foodstuffs reflected by organisations such as food industry associations and consumer associations and consumers;
(3) risk warning information and other food safety information released by international organisations and overseas government agencies, as well as food safety information reflected by organisations such as overseas food industry associations and consumers; and
(4) other food safety information.The inbound and outbound inspection and quarantine authorities of the State shall implement trustworthiness administration for importers and exporters of imported and exported foodstuffs and food manufacturing enterprises exporting their products, establish trustworthiness records, and announce to the public pursuant to the law. The inbound and outbound inspection and quarantine authorities shall strengthen inspection and quarantine of imported and exported foodstuffs of importers and exporters and food manufacturing enterprises exporting their products which have poor records.
Article 101 The inbound and outbound inspection and quarantine authorities of the State may carry out assessment and examination of the food safety administrative system and food safety conditions of countries (regions) exporting foodstuffs to China, and determine the corresponding inspection and quarantine requirements in accordance with the assessment and examination findings.
Chapter 7 Handling of Food Safety Incidents
Article 102 The State Council shall organise and formulate contingency plans for food safety incidents in China.Local People’s Governments of county level and above shall formulate contingency plans for food safety incidents in their administrative region pursuant to the provisions of the relevant laws, regulations and the contingency plans for food safety incidents of the higher-level People’s Government, and in accordance with the actual conditions of the administrative region, and file their contingency plans with the higher-level People’s Government.
Contingency plans for food safety incidents shall stipulate on grading of food safety incident, command system and responsibilities for the incidents handling organisation, prevention and early warning mechanisms, handling procedures, emergency safeguard measures etc.
Food manufacturing and food business enterprises shall formulate action plans for handling of food safety incidents, inspect implementation of their food safety incident preventive measures on a regular basis, and promptly eliminate hazards.
Article 103 In the event of a food safety incident the organisation shall forthwith adopt measures to prevent escalation. The organisation and the hospital(s) receiving patients for treatment shall promptly report to the food safety supervision and administration department and the health administration department of the county People’s Government at the place of occurrence of the incident.The agricultural administration department of the People’s Governments of county level and above shall, upon discovery of a food safety incident during day-to-day supervision and administration or upon receipt of a report of an incident, forthwith notify the food safety supervision and administration department of counterpart level.
Upon occurrence of a food safety incident, the food safety supervision and administration department of the county People’s Government which receives the report shall notify the county People’s Government and the food safety supervision and administration department of the higher-level People’s Government pursuant to the provisions of the contingency plans.
The food safety supervision and administration department of the county People’s Government and the higher-level People’s Government shall report to the higher-level authorities pursuant to the provisions of the contingency plans.
No organisation or individual shall conceal, make false report or delay reporting of a food safety incident, or conceal, forge or destroy the relevant evidence.
Article 104 Where a medical institution discovers or suspects that its patient(s) is/are suffering from a foodborne disease, it shall promptly report the relevant information to the health administration department of the county People’s Government at the locality pursuant to the provisions. Where the health administration department of the county People’s Government deems that the case relates to food safety, it shall promptly notify the food safety supervision and administration department of counterpart level.Where the health administration authorities of People’s Governments of county level and above discover food safety-related information during investigation and handling of a contagious disease or a public health emergency, it shall promptly notify the food safety supervision and administration department of counterpart level.
Article 105 The food safety supervision and administration department of the People’s Governments of county level and above shall, upon receipt of a report of food safety incident, forthwith carry out investigation and take action jointly with the health administration department, agricultural department etc of counterpart level, and adopt the following measures to prevent or mitigate social harm:
(1) carry out emergency rescue, and organise treatment of persons who suffer personal injury in a food safety incident;
(2) seal up foodstuffs and ingredients thereof which may have attributed to the food safety incident, and forthwith conduct inspection; where the foodstuffs and ingredients thereof are confirmed to be contaminated, the food manufacturers and business operators shall be ordered to recall the foodstuffs or cease business operation pursuant to the provisions of Article 63 of this Law;
(3) seal up contaminated food-related products, and order that cleaning and disinfection be carried out; and
(4) conduct proper dissemination of information, make announcement of the food safety incident and action taken pursuant to the law, and provide explanation on possible hazards arising therefrom.Where it is necessary to activate the contingency plan in the event of occurrence of a food safety incident, the People’s Governments of county level and above shall forthwith set up a command centre for the incident, activate the contingency plan, and take action pursuant to the provisions of the preceding paragraph and the contingency plan.
In the event of a food safety incident, the disease prevention and control agency of county level and above shall conduct sanitisation of the incident premises, and conduct epidemiological investigation on factors relating to the incident, and the relevant authorities shall render assistance. The disease prevention and control agency of county level and above shall submit the epidemiological investigation report to the food safety supervision and administration department and the health administration department of counterpart level.
Article 106 In the event of a food safety incident, the food safety supervision and administration department of the People’s Government of the municipality divided into districts and above shall, jointly with the relevant authorities, forthwith conduct investigation of accident liability, supervise the relevant authorities to perform their duties, and submit an accident liability investigation and action report to the People’s Government of counter level and the food safety supervision and administration department of the higher-level People’s Government.In the case of a serious food safety incident involving two or more provinces, autonomous regions or centrally-administered municipalities, the food safety supervision and administration department of the State Council shall organise investigation of accident liability pursuant to the provisions of the preceding paragraph.
Article 107 Investigation of food safety incidents shall comply with the principles of seeking the truth from facts and respect for science, the nature and reason for the incident shall be investigated promptly and accurately, the accident liability shall be determined, and the corrective measures shall be recommended.In the investigation of a food safety incident, in addition to determination of the liability of the organisation in which the incident occurs, the liability of the relevant supervision and administration authorities, food inspection organisations, accreditation authorities and their personnel shall also be determined.
Article 108 The authorities investigating into a food safety incident shall have the right to find out the relevant information from the relevant organisations and individuals, and request them to provide the relevant materials and samples. The relevant organisations and individuals shall cooperate and provide the relevant materials and samples as required, and shall not refuse to do so.No organisation or individual shall hinder or interfere with the investigation and handling of a food safety incident.
Chapter 8 Supervision and Administration
Article 109 The food and drug supervision and administration and the quality supervision department of the People’s Governments of county level and above shall, based on food safety risk monitoring, risk assessment findings and food safety conditions etc, determine the priority, method and frequency for supervision and administration, and implement administration of risks by grade.The People’s Governments of county level and above shall organise their food safety supervision and administration department, agricultural administration department etc to formulate the annual supervision and administration plan for food safety in their administrative region, announce to the public and organise implementation of the plan.
The annual supervision and administration plan for food safety shall list the following matters as priorities for supervision and administration:
(1) staple and supplementary food specifically for infants, young children and other specific population groups;
(2) additions in the manufacturing of health food and organising of manufacturing based on registered or filed technical requirements, assertions of functions in labels and instructions, as well as promotional materials of health food;
(3) food manufacturers and business operators with higher risks of occurrence of a food safety incident; and
(4) matters indicated in the food safety risk monitoring findings to be possible food safety hazards.
Article 110 The food safety supervision and administration department of the People’s Governments of county level and above shall perform its food safety supervision and administration duties, and shall have the right to adopt the following measures to conduct supervision and inspection of compliance by manufacturers and business operators of this Law:
(1) enter the manufacturing and business premises to conduct onsite inspection;
(2) conduct random sampling inspection of foodstuffs, food additives and food-related products from the manufacturing and business operation;
(3) inspect and make copies of the relevant contracts, receipts, accounts books and other relevant materials;
(4) seal up and confiscate foodstuffs, food additives and food-related products for which there is evidence to prove that they do not comply with food safety standards or there are safety hazards and that they are used in illegal manufacturing and business operation; and
(5) seal up premises where illegal manufacturing and business operation are carried out.
Article 111 Where the food safety risk assessment findings show that there are safety hazards, and it is necessary to formulate and revise food safety standards, the health administration department of the State Council shall, prior to formulation and revision of food safety standards, promptly stipulate the provisional restriction of quantity and provisional inspection method for harmful substances in foodstuffs jointly with the relevant department(s) of the State Council, which shall serve as the basis for manufacturing and business operation and supervision and administration.
Article 112 The food safety supervision and administration department of the People’s Governments of county level and above may, in the food safety supervision and administration, adopt fast detection method stipulated by the State to conduct random sampling inspection of foodstuffs.Where the random sampling inspection findings show that the foodstuffs may not comply with food safety standards, inspection shall be carried out pursuant to the provisions of Article 87 of this Law. Where the random sampling inspection findings confirm that the relevant foodstuffs do not comply with food safety standards, the findings may serve the basis for administrative punishment.
Article 113 The food safety supervision and administration department of the People’s Governments of county level and above shall establish food safety integrity files for food manufacturers and business operators, record information such as issuance of permits, day-to-day supervision and inspection findings, investigation and handling of illegal acts, announce to the public pursuant to the law, and update the records real-time; food manufacturers and business operators with poor integrity records shall be subject to increased supervision and inspection frequency, and the investment administration authorities, securities regulatory authorities and related financial institutions shall be notified of food manufacturers and business operators who have committed serious illegal acts.
Article 114 Where a food manufacturer or business operator does not promptly adopt measures to eliminate food safety hazards found in its food manufacturing or food business operation, the food safety supervision and administration department of the People’s Governments of county level and above may schedule an accountability interview with the legal representative or key person(s)-in-charge of the food manufacturer or business operator. The food manufacturer or business operator shall forthwith adopt measures to rectify the situation and eliminate the hazards. The accountability interview and rectification information shall be included in the food safety integrity file of the food manufacturer or business operator.
Article 115 The food safety supervision and administration department of the People’s Governments of county level and above shall announce their email address or hotline for receiving consultation, complaints or reports. Upon receipt of a consultation, complaint or report which falls under the department’s duties, the consultation, complaint or report shall be accepted, and the department shall promptly reply, verify and handle the consultation, complaint or report within the statutory period; where the consultation, complaint or report does not fall under the department’s duties, the case shall be forwarded to the rightful authorities for handling, and the person who lodges the consultation, complaint or report shall be notified in writing. The rightful authorities shall promptly handle the case within the statutory period and shall not shirk responsibilities. For verified reports, the informant shall be duly rewarded.The relevant authorities shall keep confidentiality of the information of informants, and protect the legitimate rights and interests of informants. Where an informant reports his/her employer, the enterprise shall not retaliate against the informant by rescission, change of labour contract or via any other means.
Article 116 The food safety supervision and administration department of the People’s Governments of county level and above shall strengthen training of enforcement personnel for food safety laws, regulations, standards and professional knowledge, enforcement capability etc, and organise examinations. Persons who are not equipped with the corresponding knowledge and capability shall not engage in food safety enforcement work.Food manufacturers and business operators, food industry associations, consumer associations etc may complain or report any violation of laws, regulations and irregularity in enforcement by food safety enforcement personnel in the enforcement process, to the food safety supervision and administration department, quality supervision department etc of the People’s Government or the higher-level People’s Government or the surveillance authorities. The department or authorities in receipt of the complaint or report shall verify and notify the department of the food safety enforcement personnel the reports of the findings; persons who allegedly commit an illegal act or disciplinary violation shall be handled pursuant to this Law and the relevant provisions.
Article 117 Where the food safety supervision and administration department etc of the People’s Governments of county level and above failed to promptly discover food safety systemic risks or failed to promptly eliminate food safety hazards within their supervision and administration region, the People’s Government may arrange an accountability interview with the key person(s)-in-charge of the department.Where a local People’s Government does not perform food safety duties and failed to promptly eliminate serious regional food safety hazards, the higher-level People’s Government may arrange an accountability interview with the key person(s)-in-charge of the local People’s Government.
The food safety supervision and administration authorities etc and the local People’s Government which have undergone an accountability interview shall forthwith adopt measures to rectify food safety supervision and administration.
The accountability interview and rectification information shall be included in the food safety supervision and administration assessment and appraisal records of the local People’s Government and the relevant authorities.
Article 118 The State shall establish a unified food safety information platform, and implement a unified announcement system for food safety information. Overall food safety information of the State, food safety risk warning information, information on serious food safety incidents and investigation and handling thereof and any other information to be announced on a unified basis as determined by the State Council shall be announced by the food safety supervision and administration department of the State Council on a unified basis. Where the impact of food safety risk warning information and information on serious food safety incidents and investigation and handling thereof is limited to a specific region, announcement may be made by the relevant food safety supervision and administration department of the People’s Government of province, autonomous region or centrally-administered municipality. The aforesaid information shall not be announced without authorisation.The food safety supervision and administration department and agricultural administration department of the People’s Governments of county level and above shall announce day-to-day food safety supervision and administration information in accordance with their respective duties.
Announcement of food safety information shall be accurate and timely, and the necessary explanation shall be provided to avoid misleading consumers and the public.
Article 119 The food safety supervision and administration department, health administration department and agricultural administration department of the local People’s Governments of county level and above shall report to their higher-level authorities upon obtaining information which is required to be announced on a unified basis as stipulated in this Law, and the higher-level authorities shall forthwith report to the food safety supervision and administration department of the State Council; where necessary, the report may be made directly to the food safety supervision and administration department of the State Council.The food safety supervision and administration department, health administration department, quality supervision department and agricultural administration department of the People’s Governments of county level and above
shall notify one another of the food safety information.
Article 120 No organisation or individual shall fabricate or disseminate false food safety information.The food safety supervision and administration department of the People’s Governments of county level and above shall, upon discovery of food safety information which may mislead consumers and the public, forthwith organise the relevant authorities, professional organisations, the relevant food manufacturers and business operators etc to conduct verification and analysis, and promptly announce the findings.
Article 121 The food safety supervision and administration department of the People’s Governments of county level and above shall, upon discovery of an alleged food safety crime, promptly forward the case to the public securities authorities pursuant to the relevant provisions. The public security authorities shall promptly examine; where it is deemed necessary to pursue criminal liability for the crime, the public security authorities shall set up a case file and conduct investigation.Where the public security authorities conclude that the case is not a criminal offence upon investigation or that the criminal office is minor and there is no need to pursue criminal liability but it is necessary to pursue administrative liability pursuant to the law, the case shall be promptly forwarded to the food safety supervision and administration authorities, quality supervision authorities etc and surveillance authorities, and the relevant authorities shall handle the case pursuant to the law.
Where the public security authorities consult the food safety supervision and administration authorities, quality supervision authorities, ecological protection authorities etc and request for assistance such as provision of inspection conclusion or opinion, as well as conducting innocuous treatment of items involved in the case etc, the relevant authorities shall promptly provide assistance.
Article 122 Food manufacturers and food business operators who violate the provisions of this Law in engaging in food manufacturing and food business operations without obtaining a food manufacturing and food business operations permit or engaging in manufacturing of food additives without obtaining a manufacturing permit for food additives shall have their illegal income, foodstuffs or food additives from the illegal manufacturing or business activities, tools, equipment, ingredients used in the illegal manufacturing and business activities confiscated by the food safety supervision and administration department of the People’s Governments of county level and above; where the value of the foodstuffs, food additives from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed; where the value of the foodstuffs or food additives is RMB10,000 or more, a fine ranging from 10 to 20 times the value of the foodstuffs or food additives shall be imposed.Persons who provide manufacturing or business premises or any other facilitation when they are aware that the food manufacturer or business operator is committing an illegal act stipulated in the preceding paragraph shall be ordered by the food safety supervision and administration department of the People’s Governments of county level and above to stop the illegal act, the illegal income shall be confiscated and a fine ranging from RMB50,000 to RMB100,000 shall be imposed; where the illegal act compromises the legitimate rights and interests of consumers, such persons shall bear joint and several liability with the food manufacturer or business operator of foodstuffs and/or food additives.
Article 123 For violations of the provisions of this Law under any of the following circumstances which does not constitute a criminal offence, the food safety supervision and administration department of the People’s Governments of county level and above shall confiscate the illegal income and foodstuffs from the illegal manufacturing or business activities, and confiscate tools, equipment, ingredients used in the illegal manufacturing or business activities; where the value of the foodstuffs from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB100,000 to RMB150,000 shall be imposed; where the value of the foodstuffs is RMB10,000 or more, a fine ranging from 15 to 30 times the value of the foodstuffs shall be imposed; in serious cases, the permit shall be revoked, and the public security authorities may detain the directly accountable person(s)-in-charge and other directly accountable personnel for five to 15 days:
(1) use of non-food ingredients in manufacturing of foodstuffs, addition of chemical substances and other substances which may harm human health other than food additives in foodstuffs, or use recycled foodstuffs as ingredients for manufacturing of foodstuffs, or engage in business operation of the aforesaid foodstuffs;
(2) manufacturing and business operation of staple and supplementary food specifically for infants, young children and other specific population groups with nutrients that do not comply with food safety standards;
(3) business operation of meat and products of poultry, livestock, wild animals and aquatic animals which have died of diseases or poisoned to death or died of unknown causes, or manufacturing and business operation of products thereof;
(4) business operation of meat which has not undergone quarantine or failed quarantine, or meat products which have not undergone inspection or failed inspection;
(5) manufacturing or business operation of foodstuffs in which manufacturing or business operation is prohibited by the State expressly due to special needs such as disease prevention; and
(6) manufacturing and business operation of foodstuffs in which drugs are added.Persons who provide manufacturing or business premises or any other facilitation when they are aware that the food manufacturer or business operator is committing an illegal act stipulated in the preceding paragraph shall be ordered by the food safety supervision and administration department of the People’s Governments of county level and above to stop the illegal act, the illegal income shall be confiscated, and a fine ranging from RMB100,000 to RMB200,000 shall be imposed; where the illegal act compromises the legitimate rights and interests of consumers, such persons shall bear joint and several liability with the food manufacturer or business operator.
Persons who use hyper toxic or highly toxic pesticides illegal shall, in addition to being punished pursuant to the provisions of the relevant laws and regulations, be detained by the public security authorities pursuant to the provisions of the first paragraph.
Article 124 For violations of the provisions of this Law under any of the following circumstances which does not constitute a criminal offence, the food safety supervision and administration department of the People’s Governments of county level and above shall confiscate the illegal income and foodstuffs or food additives from the illegal manufacturing or business activities, and may at the same time confiscate the tools, equipment, ingredients used in the illegal manufacturing or business activities; where the value of the foodstuffs or food additives from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed at the same time; where the value of the foodstuffs or food additives is RMB10,000 or more, a fine ranging from 10 to 20 times the value of the foodstuffs or food additives shall be imposed at the same time; in serious cases, the permit shall be revoked:
(1) manufacturing and business operation of foodstuffs and food additives containing pollutants such as pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals and other substances harmful to human health which exceed the restricted quantity stipulated by food safety standards;
(2) manufacturing of foodstuffs and food additives using food ingredients and food additives with expired shelf life, or business operation of the aforesaid foodstuffs and food additives;
(3) manufacturing and business operation of foodstuffs which use food additives beyond the scope and stipulated quantity;
(4) manufacturing and business operation of foodstuffs and food additives which are rotten and deteriorated, rancid, mildewed, dirty, contaminated, adulterated or displaying abnormal sensory traits;
(5) manufacturing and business operation of foodstuffs and food additives indicating false date of manufacture and shelf life, or foodstuffs and food additives with expired shelf life;
(6) manufacturing and business operation of health food, special formula foodstuffs for special medical purposes or infant formula milk powder which have not been registered pursuant to the provisions, or manufacturing which do not comply with the registered technical requirements such as product formula and manufacturing process;
(7) Manufacturing of infant formula milk powder which adopts separate packaging method, or manufacturing by the same enterprise using the same formula to manufacture different brands of infant formula milk powder;;
(8) using new food ingredients for manufacturing of foodstuffs, or manufacturing of new types of food additives, which have not undergone safety assessment;
(9) food manufacturers and business operators who refuse to recall foodstuffs or cease operation after being ordered by the food safety supervision and administration department to do so;Except for the circumstances stipulated in the preceding paragraph and Article 123 and Article 125 of this Law, manufacturers and business operators of foodstuffs and food additives who do not comply with laws and regulations or food safety standards shall be punished pursuant to the provisions of the preceding paragraph.Persons who manufacture new types of food-related products, which do not pass safety assessment or who manufacture food-related products which do not comply with food safety standards shall be punished by the food safety department of People’s Governments of county level and above pursuant to the provisions of the first paragraph.
Article 125 For violations of the provisions of this Law under any of the following circumstances, the food safety supervision and administration department of the People’s Governments of county level and above shall confiscate the illegal income and foodstuffs and food additives from the illegal manufacturing or business activities, and may at the same time confiscate the tools, equipment and ingredients used in the illegal manufacturing or business activities; where the value of the foodstuffs or food additives from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB5,000 to RMB50,000 shall be imposed at the same time; where the value of foodstuffs or food additives is RMB10,000 or more, a fine ranging from five to 10 times the value of the foodstuffs, food additives shall be imposed at the same time; in serious cases, the offender shall be ordered to cease manufacturing or business operation and at worst the permit may be revoked:
(1) manufacturing and business operation of foodstuffs and food additives which are contaminated by the packaging material, container, transportation vehicle etc;
(2) manufacturing and business operation of pre-packed foodstuffs and food additives without labels, or foodstuffs and food additives with labels and instructions that do not comply with the provisions of this Law;
(3) manufacturing and business operation of genetically-modified foodstuffs without labeling pursuant to the provisions;
(4) food manufacturers and business operators purchasing or using food ingredients, food additives and food-related products which do not comply with food safety standards.Manufacturers and business operators of foodstuffs and food additives with defective labels and instructions which do not affect food safety or mislead cconsumers shall be ordered by the food safety supervision and administration department of the People’s Governments of county level and above to make correction; manufacturers and business operators who refuse to make correction shall be subject to a fine of not more than RMB2,000.
Article 126 For violations of the provisions of this Law under any of the following circumstances, the food safety supervision and administration department of the People’s Governments of county level and above shall order the offender to make correction, a warning shall be issued; where the offender refuses to make correction, a fine ranging from RMB5,000 to RMB50,000 shall be imposed; in serious cases, the offender shall be ordered to cease manufacturing or business operation and at worst the permit may be revoked:
(1) manufacturers of foodstuffs and food additives failed to inspect purchased food ingredients and manufactured foodstuffs and food additives pursuant to the provisions;
(2) food manufacturing enterprises and food business enterprises which do not establish a food safety management system pursuant to the provisions, or do not employ or train, appraise food safety management personnel;
(3) manufacturers and business operators of foodstuffs and food additives do not inspect permit and the relevant proof documents when receiving purchased goods, or failed to establish a system for inspection records for purchased goods, inspection records for ex-factory inspection and sales records and failed to keep such records pursuant to the provisions;
(4) food manufacturing enterprises and food business enterprises do not formulate a contingency plan for food safety incidents;
(5) tableware, kitchenware and containers for food that can be consumed directly are not cleaned or disinfected before use, or that the cleaning, disinfection thereof do not pass inspection, or fail to conduct maintenance, cleaning and calibration of facilities and equipment of food and beverage services pursuant to the provisions;
(6) food manufacturers and business operators arrange persons who have not obtain a health certificate or persons who are diagnosed with illnesses which may impede food safety as stipulated by the health administration department of the State Council, to engage in work which has direct contact with food that can be consumed directly;
(7) food business operators failed to sell foodstuffs pursuant to the provisions;
(8) health food manufacturing enterprises failed to file record with the food safety supervision and administration department, or failed to organise manufacturing pursuant to filed technical requirements such as product formula and manufacturing process;
(9) infant formula manufacturing enterprises failed to file food ingredients, food additives, product formula, labels etc with the food safety supervision and administration authorities;
(10) special food manufacturing enterprises failed to establish and operate a manufacturing quality assurance system pursuant to the provisions, or failed to submit self-inspection reports on a regular basis;
(11) food manufacturers and business operators failed to conduct inspection and appraisal of food safety conditions on a regular basis, or failed to deal with changes in manufacturing or business conditions pursuant to the provisions;
(12) centralised canteens of schools, nurseries, nursing homes, construction sites etc failed to perform food safety management responsibilities pursuant to the provisions; or
(13) food manufacturing enterprises, food and beverage service providers failed to formulate, implement control requirements for manufacturing or business process.Where a tableware or kitchenware centralised disinfection service provider violates the provisions of this Law in water consumption or use of detergent, disinfectant, or where the delivered tableware, kitchenware do not pass inspection pursuant to the provisions and are not attached with a disinfection certificate, or where the relevant contents are not stated on independent packaging pursuant to the provisions, the health administration authorities of People’s Governments of county level and above shall impose punishment pursuant to the provisions of the preceding paragraph.
Manufacturers of food-related products who failed to inspect food-related products manufactured by them pursuant to the provisions shall be punished by the food safety department of the People’s Government of county level and above pursuant to the provisions of the first paragraph.
Sellers of edible agricultural products who violate the provisions of Article 65 of this Law shall be punished by the food safety supervision and administration department of the People’s Governments of county level and above pursuant to the provisions of the first paragraph.
Article 127 Punishment for small food manufacturing and processing workshops, food hawkers etc who have committed an illegal act shall be implemented pursuant to the detailed administrative measures formulated by the province, autonomous region or centrally-administered municipality.
Article 128 Organisations which failed to take action for or report a food safety incident shall be ordered by the relevant authorities to make correction based on their respective duties and be given a warning; organisations guilty of concealing, forgery and destroying the relevant evidence shall be ordered to cease operation, illegal income shall be confiscated, and a fine ranging from RMB100,000 to RMB500,000 shall be imposed; where the consequences are serious, the permit shall be revoked.
Article 129 Persons who violate the provisions of this Law under any of the following circumstances shall be punished by the inbound and outbound inspection and quarantine agency pursuant to the provisions of Article 124 of this Law:
(1) provide false materials to import foodstuffs, food additives and food-related products which do not comply with food safety standards of the State;
(2) import foodstuffs for which food safety standards of the State do not apply and which have not undergone examination by the health administration department of the State Council, or import foodstuffs manufactured using new food ingredients or important of new types of food additives or food-related products which have not undergone safety assessment;
(3) exportation of foodstuffs against the provisions of this Law; and
(4) an importer is ordered by the relevant authorities to recall imported foodstuffs pursuant to the provisions of this Law but refuse to do so.Importers who violate the provisions of this Law in failing to establish and implement a system for recording importation and sale of foodstuffs and food additives and a system for examination of overseas exporters or manufacturing enterprises shall be punished by the inbound and outbound inspection and quarantine agencies pursuant to the provisions of Article 126 of this Law.
Article 130 Organisers of centralised trading markets, lessors of counters and organisers of exposition fairs who violate the provisions of this Law in allowing food business operators who have not obtained a permit pursuant to the law to sell foodstuffs at the markets or fairs, or who failed to perform inspection, reporting obligations etc, shall be ordered by the food safety supervision and administration department of the People’s Governments of county level and above to make correction, illegal income shall be confiscated, and a fine ranging from RMB50,000 to RMB200,000 shall be imposed at the same time; where the consequences are serious, the offender shall be ordered to cease operation and at worst the permit shall be revoked by the issuing authorities; where the legitimate rights and interests of consumers are harmed, the offender shall bear joint and several liability with the food business operator.Wholesale markets of edible agricultural products which violate the provisions of Article 64 of this Law shall bear liability pursuant to the provisions of the preceding paragraph.
Article 131 Third party platform providers of online transactions of foodstuffs who violate the provisions of this Law in failing to implement real name registration and examination of permit for participating food business operators, or failing to perform the obligations of reporting a violation, ceasing to provide online trading platform services etc, shall be ordered by the food safety supervision and administration department of the People’s Governments of county level and above to make correction, illegal income shall be confiscated, and a fine ranging from RMB50,000 to RMB200,000 shall be imposed at the same time; where the consequences are serious, the offender shall be ordered to cease operation, and at worst the permit shall be revoked by the issuing authorities; where the legitimate rights and interests of consumers are harmed, the offender shall bear joint and several liability with the food business operator.Consumers whose legitimate rights and interests are harmed when they purchase foodstuffs through a third party platform for online transactions of foodstuffs may seek compensation from the participating food business operator or food manufacturer. Where the third party platform provider of online transactions of foodstuffs is unable to provide the real name, address and valid contact details of the participating food business operator, the third party platform providers of online transactions of foodstuffs shall make compensation. After the third party platform provider of online transactions of foodstuffs has made compensation, it has the right to seek recourse from the participating food business operator or food manufacturer. Where the third party platform provider of online transactions of foodstuffs makes a commitment which is more beneficial to the consumers, it shall perform the commitment.
Article 132 Persons who violate the provisions of this Law in failing to carry out storage, transportation, loading and unloading of foodstuffs pursuant to the requirements shall be ordered by the food safety supervision and administration department etc of the People’s Governments of county level and above to make correction based on their respective duties and be given a warning; offenders who refuse to make correction shall be ordered to cease operation and be subject to a fine ranging from RMB10,000 to RMB50,000; in serious cases, the permit shall be revoked.
Article 133 Persons who violate the provisions of this Law in refusing, hindering and interfering with food safety supervision and administration, investigation and handling of incident, risk monitoring and risk assessment carried out by the relevant authorities, organisations and personnel pursuant to the law, shall be ordered by the relevant authorities in charge to cease operation based on their respective duties and be subject to a fine ranging from RMB2,000 to RMB50,000; in serious cases, the permit shall be revoked; where the violation constitutes a violation of public security administration, the offender shall be subject to public security administration punishment imposed by the public security authorities pursuant to the law.Employers who violate the provisions of this Law in retaliating against informants by rescission, change of labour contract or via any other means shall bear liability pursuant to the provisions of the relevant laws.
Article 134 Food manufacturers and business operators who are ordered to cease operation, subject to punishment other than revocation of permit for violation of the provisions of this Law on three occasions cumulatively within a year shall be ordered by the food safety supervision and administration department to cease operation, and at worst the permit shall be revoked.
Article 135 Food manufacturers and business operators whose permit is revoked and their legal representative, directly accountable person(s)-in-charge and other directly accountable personnel shall not, within five years from the date of the punishment decision, apply for a food manufacturing and food business operation permit, or engage in management of food manufacturing and food business operations or be appointed as food safety management personnel of a food manufacturing or food business enterprise.Persons who are sentenced to limited time prison term for a food safety crime shall be permanently barred from engaging in management of food manufacturing and food business operations, and from being appointed as food safety management personnel of a food manufacturing or food business enterprise.
Where the employee(s) of a food manufacturer or business operator has/have violated the provisions of the two preceding paragraphs, the food safety supervision and administration department of the People’s Governments of county level and above shall revoke the permit of the food manufacturer or business operator.
Article 136 Where a food business operator has performed the obligation of inspecting its purchases stipulated by this Law, has adequate evidence to prove that it is not aware that the purchased foodstuffs do not comply with food safety standards, and is able to state the source of the purchases truthfully, it shall be exempted from punishment but the foodstuffs which do not comply with food safety standards shall be confiscated pursuant to the law; where there are personal, property or other damages arising therefrom, it shall bear compensation liability pursuant to the law.
Article 137 In the case of technical organisations undertaking food safety risk monitoring and risk assessment work and technical personnel thereof violate the provisions of this Law in providing false monitoring and assessment information, the directly accountable person(s)-in-charge and technical personnel of the technical organisation shall be removed from job position or dismissed pursuant to the law; the practising certificate shall be revoked by the issuing authorities in charge.
Article 138 In the case of food inspection organisations, food inspection personnel that violate the provisions of this Law in issuing a false inspection report, the issuing authorities or organisation shall revoke the inspection qualification of the food inspection organisations, confiscate the inspection fees collected by the food inspection organisation, and at the same time impose a fine ranging from five to 10 times the amount of the inspection fees; where the amount of the inspection fees is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed; the directly accountable person(s)-in-charge and food inspection personnel of the food inspection organisation shall be removed from job position; where the violation causes a serious food safety incident, the directly accountable person(s)-in-charge and food inspection personnel shall be dismissed.Personnel of food inspection organisations who are dismissed for violation of the provisions of this Law shall not engage in food inspection work within 10 years from the date of the punishment decision; personnel of food inspection organisations who are subject to criminal punishment for committing an illegal act involving food safety or are dismissed due to issuance of a false inspection report which causes a serious food safety incident shall be permanently barred from engaging in food inspection work. The inspection qualification of food inspection organisations employing persons who are barred from engaging in food inspection work shall be revoked by the issuing authorities or organisation.
Food inspection organisations issuing a false inspection report which causes harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.
Article 139 In the case of accreditation agencies which violate the provisions of this Law in issuing a false accreditation opinion, the accreditation supervision and administration authorities shall confiscate the accreditation fees collected, and at the same time impose a fine ranging from five to 10 times the amount of the accreditation fees; where the amount of the accreditation fees is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed at the same time; in serious cases, the accreditation agency shall be ordered to cease operation, and at worst the approval document for accreditation agency shall be revoked an announcement shall be made; the practising qualification of directly accountable person(s)-in-charge and directly accountable accreditation personnel shall be revoked.Accreditation agencies issuing a false accreditation opinion which causes harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.
Article 140 Persons who violate the provisions of this Law in making false promotion for foodstuffs in advertisements to defraud consumers, or in publishing health food advertisements for which an approval document has not been obtained and the advertisement contents are inconsistent with the approval document, shall be punished pursuant to the provisions of the Advertising Law of the People’s Republic of China.Advertising firms and publishers who design, produce and publish false advertisements of foodstuffs and cause harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.
Social bodies or other organisations and individuals recommending foodstuffs to consumers through false advertisements or other false promotion which cause harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.
Where the food safety supervision and administration authorities etc, food inspection organisations, food industry associations violate the provisions of this Law in recommending foodstuffs to consumers through advertisements or any other means, or where consumer organisations violate the provisions of this Law in recommending foodstuffs to consumers with the purpose of collecting fees or seeking gains, the relevant authorities in charge shall confiscate the illegal income, and the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued serious demerits, demoted or removed from their job position pursuant to the law; in serious cases, they shall be dismissed.
In the case of false promotion of foodstuffs, where the case is serious, the food safety supervision and administration department of the People’s Governments of provincial level and above shall decide to suspend sale of the said foodstuffs and make an announcement; persons who continue to sell the said foodstuffs shall have their illegal income and illegally sold foodstuffs confiscated by the food safety supervision and administration department of the People’s Governments of county level and above, and be subject to a fine ranging from RMB20,000 to RMB50,000.
Article 141 Persons who violate the provisions of this Law in fabricating and disseminating false food safety information shall be subject to public security administration punishment imposed by the public security authorities pursuant to the law, if the violation constitutes a violation of public security administration.Media fabricating and disseminating false food safety information shall be punished by the relevant authorities in charge pursuant to the law, and the directly accountable person(s)-in-charge and other directly accountable personnel shall be punished; where the legitimate rights and interests of citizens, legal persons or other organisations are harmed, the offender shall bear civil liability such as elimination of impact, reinstatement of reputation, compensation of damages and apology pursuant to the law.
Article 142 Where a local People’s Government of county level and above violates the provisions of this law in committing any of the following acts, the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued serious demerits; in relatively serious cases, they shall be demoted or removed from job position; in serious cases, they shall be dismissed; where the consequences are serious, the key person(s)-in-charge shall admit responsibility and resign:
(1) failure to promptly organise and coordinate the relevant authorities to take effective action for a food safety incident which occurs within their administrative region, resulting in adverse impact or losses;
(2) failure to promptly organise rectification of a regional food safety issue within their administrative region which involves multiple segments, resulting in adverse impact or losses;
(3) concealing, making false report or delay in reporting of a food safety incident; or
(4) occurrence of particularly serious food safety incident within their administrative region or consecutive occurrences of serious food safety incidents within their administrative region.
Article 143 Where a local People’s Government of county level and above violates the provisions of this law in committing any of the following acts, the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued a warning, demerits or serious demerits; where there are serious consequences, they shall be demoted or removed from job position:
(1) failure to determine the food safety supervision and administration duties of the relevant authorities, failure to establish and improve upon a full process food safety supervision and administration work mechanism and the information sharing mechanism, failure to implement a food safety supervision and administration accountability system; or
(2) failure to formulate contingency plans for food safety incidents in their administrative region, or failure to forthwith establish a command centre and activate contingency plans pursuant to the provisions upon occurrence of a food safety incident.
Article 144 Where the food safety supervision and administration department, health administration department or agricultural administration department of a People’s Government of county level and above violates the provisions of this law in committing any of the following acts, the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued serious demerits; in relatively serious cases, they shall be demoted or removed from job position; in serious cases, they shall be dismissed; where there are serious consequences, the key person(s)-in-charge shall admit responsibility and resign:
(1) concealing, making false report or delay in reporting of a food safety incident;
(2) failure to investigate and handle a food safety incident pursuant to the provisions, or failure to promptly take action upon receipt of a report of food safety incident, resulting in escalation or spreading of the incident;
(3) failure to promptly adopt the corresponding measures uponlearning of an unsafe conclusion following food safety risk assessment of foodstuffs, food additives and food-related products, resulting in occurrence of a food safety incident or adverse social impact;
(4) granting permit to applicants who do not satisfy the criteria or granting permit ultra vires; or
(5) failure to perform food safety supervision and administration duties, resulting in occurrence of a food safety incident.
Article 145 Where the food safety supervision and administration department, health administration department or agricultural administration department of a People’s Government of county level and above violates the provisions of this law in committing any of the following acts which causes adverse consequences, the directly accountable person(s)-in-charge and other directly accountable personnel shall be given a warning and issued demerits or serious demerits; in relatively serious cases, they shall be demoted or removed from job position; in serious cases, they shall be dismissed.
(1) failure to report to the higher-level authorities or the People’s Government pursuant to the provisions upon obtaining the relevant food safety information, or failure to notify one another pursuant to the provisions upon obtaining the relevant food safety information;
(2) failure to announce food safety information pursuant to the provisions; or
(3) failure to perform statutory duties, failure to cooperate in investigation and handling of illegal acts involving food safety, or guilty of abusing official powers, dereliction of duties or corruption.
Article 146 Where the food safety supervision and administration authorities implement enforcement measures such as inspection and compulsory enforcement against the law in the course of food safety supervision and administration and thus cause a food manufacturer or business operator to incur losses, compensation shall be made pursuant to the law, and the directly accountable person(s)-in-charge and other directly accountable personnel shall be punished pursuant to the law.
Article 147 Persons who violate the provisions of this Law in causing personal, property or other damages shall bear compensation liability pursuant to the law. Where the assets of a food manufacturer or business operator are inadequate for both civil compensation liability and payment of fines and penalties, civil compensation shall rank first.
Article 148 Consumers who suffer damages due to foodstuffs which do not comply with food safety standards may seek compensation of losses from the business operator or the manufacturer. Food manufacturers and business operators from which compensation is sought by consumers shall accept first accountability and make compensation, shall not shirk responsibilities; where the manufacturer is accountable, the business operator shall have the right to seek recourse from the manufacturer after making compensation; where the business operator is accountable, the manufacturer shall have the right to seek recourse from the business operator after making compensation.In the case of manufacturing of foodstuffs which do not comply with food safety standards or business operators who trade in foodstuffs which they are aware to be non-compliant with food safety standards, consumers may, in addition to seeking compensation for losses, require the manufacturer or business operator to pay damages based on 10 times the amount paid by them or three times the amount of their losses; where the additional compensation amount is less than RMB1,000, it shall be deemed RMB1,000. The exception is when the labels and instructions of foodstuffs are defective but do not affect food safety or mislead consumers.
Article 149 Where a violation of the provisions of this Law constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
Chapter 10 Supplementary Provisions
Article 150 The following terms used in this Law shall be defined as follows:Foodstuffs shall mean various finished products and raw materials for human consumption and drinking and traditional Chinese herbal medicines which are foodstuffs, but shall exclude items for therapeutic purposes.
Food safety shall mean that foodstuffs are non-toxic and harmless, comply with the requisite nutrient requirements, and do not cause any acute, sub-acute or chronic harm to human health.
Pre-packed foodstuffs shall mean foodstuffs that are pre-packed in fixed quantities or manufactured in packaging materials and containers.
Food additives shall mean synthetic or natural substances which are added to foodstuffs to improve food quality and colour, flavour and taste, and for preservation and anti-staling purposes and as required in the processing workflow, including nutritional fortifier.
Packaging materials and containers for foodstuffs shall mean products made of paper, bamboo, wood, metal, enamel, ceramics, plastic, rubber, natural fibre, chemical fibre, glass etc used for packaging or display of foodstuffs or food additives, and coatings which have direct contact with foodstuffs or food additives.
Tools and equipment used in food manufacturing and business operations shall mean machinery, pipelines, conveyor belts, containers, utensils, tableware etc which have direct contact with foodstuffs or food additives in the course of manufacturing, sale or use of foodstuffs or food additives.
Detergents and disinfectants used for foodstuffs shall mean substances used directly in cleaning or disinfection of foodstuffs, tableware and kitchenware, as well as tools or equipment that have direct contact with foodstuffs or the packaging materials and containers of foodstuffs.
Shelf-life shall mean the duration during which the quality of foodstuffs is maintained when stored under the conditions stated in the labels.
Foodborne illnesses shall mean infectious or poisoning diseases etc which are caused by pathogenic factors in foodstuffs entering into human bodies, including food poisoning.
A food safety incident shall mean an incident arising from food which is or may be harmful to human health such as foodborne illness and food contamination.
Article 151 Where this Law does not stipulate on administration of food safety of genetically-modified foodstuffs and common salt, the provisions of other laws, administrative regulations shall apply.
Article 152 Detailed administrative measures on food safety in railway and civil aviation operation shall be formulated by the food safety supervision and administration department of the State Council jointly with the relevant department(s) of the State Council pursuant to this Law.Detailed administrative measures on health food shall be formulated by the food safety supervision and administration department of the State Council pursuant to this Law.
Detailed administrative measures on manufacturing of food-related products shall be formulated by the food safety supervision department of the State Council pursuant to this Law.
Supervision and administration of foodstuffs at border crossings shall be implemented by the inbound and outbound inspection and quarantine agencies pursuant to the provisions of this Law and the relevant laws and administrative regulations.
Administrative measures on food safety of dedicated and self-supplied foodstuffs for the army shall be formulated by the Central Military Commission pursuant to this Law.
Article 153 The State Council may, based on actual requirements, make adjustment to the food safety supervision and administration system.
Article 154 This Law shall be implemented with effect from 1 October 2015.