Administrative Measures for Food and Drug Complaints and Reports

Administrative Measures for Food and Drug Complaints and Reports
Administrative Measures for Food and Drug Complaints and Reports

Order of the China Food and Drug Administration No. 21

January 12, 2016

Administrative Measures for Food and Drug Complaints and Reports, discussed and adopted at the executive meeting of the China Food and Drug Administration, is hereby promulgated and shall come into force as of March 1, 2016.

Minister of the China Food and Drug Administration Bi Jinquan

Administrative Measures for Food and Drug Complaints and Reports

Chapter I General Provisions

Article 1 For the purpose of regulating the administration of food and drug complaints and reports, promoting co-governance of the safety of food and drug with the society, strengthening the punishment on illegal acts concerned food and drug and safeguarding public health and life safety, these Measures are formulated in accordance with the Food Safety Law of the People's Republic of China and its implementing rules, the Drug Administration Law of the People's Republic of China and its implementing rules, the Regulations on the Supervision and Administration over Medical Devices and the Regulations on the Hygienic Supervision of Cosmetics.

Article 2 Food and drug complaints and reports refer to any suspected illegal acts reflected by citizens, legal persons or other institutions to food and drug administration departments at all levels, including those concerned food safety during its (including food additives) production or operation by the producers or operators, or those concerned product quality and safety during the research, production, operation or use of drug, medical devices or cosmetics.

Article 3 The administration over food and drug complaints and reports shall be implemented based on the principle of unified leadership, assumption of responsibility by level, administration according to law and co-governance by the society.
Food and drug administration departments at all levels shall strengthen the guidance, coordination and publicity over the administration on food and drug complaints and reports, implement a reward system for reports to the earnest, and encourage and support the public to make complaints or give reports on illegal acts concerned food and drug.

Article 4 The food and drug administration department under the State Council shall be in charge of the nationwide administration over food and drug complaints and reports, with specific responsibilities listed as follows,
1. Formulate the administrative system and policies for food and drug complaints and reports and supervise their implementation;
2. Investigate and handle food and drug complaints and reports that are of nationwide influences and publish information concerned;
3. Issue facts on the nationwide administration over food and drug complaints and reports; and
4. Give coordination and guidance to institutions of food and drug complaints and reports at the same level for their specific work.

Article 5 Local food and drug administration departments at all levels shall be in charge of the administration over food and drug complaints and reports within their respective jurisdiction, with the following responsibilities,
1. Formulate the administrative system and policies for food and drug complaints and reports within their respective jurisdiction in accordance with these Measures and supervise their implementation;
2. Investigate and handle food and drug complaints and reports within their respective jurisdiction and publish information concerned;
3. Issue and inform their superior departments of facts on the administration over food and drug complaints and reports within their respective jurisdiction; and
4. Give coordination and guidance to institutions of food and drug complaints and reports at the same level for their specific work.

Article 6 The institution of complaints and reports of the food and drug administration department under the State Council shall be in charge of the specific administration over food and drug complaints and reports across the whole nation, with the following responsibilities,
1. Accept, transfer, hand over, keep track of, urge and verify food and drug complaints and reports that they have received straightly;
2. Collect and summarize information on food and drug complaints and reports across the whole nation and publish the analysis report of food and drug complaints and reports regularly;
3. Formulate procedures, standards and regulations on the administration over food and drug complaints and reports, and give guidance to local institutions of food and drug complaints and reports at all levels on their business operation; and
4. Be in charge of the publicity and training for the nationwide administration over food and drug complaints and reports.

Article 7 Local institutions of complaints and reports of the food and drug administration departments at all levels shall be in charge of the specific administration over food and drug complaints and reports within their respective jurisdiction, with the following responsibilities,
1. Accept, transfer, hand over, keep track of, urge and verify food and drug complaints and reports that they have received straightly;
2. Transfer, hand over, keep track of, urge, verify and report food and drug complaints and reports transferred by their superior departments;
3.
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