Opinions of the China Food and Drug Administration on Further Strengthening the Food and Drug Case Investigation and Handling Work
Opinions of the China Food and Drug Administration on Further Strengthening the Food and Drug Case Investigation and Handling Work
Opinions of the China Food and Drug Administration on Further Strengthening the Food and Drug Case Investigation and Handling Work
Shi Yao Jian Fa [2017] No.69
August 15, 2017
The food and drug administrations of all provinces, autonomous regions and municipalities directly under the Central Government, the Food and Drug Administration of the Xinjiang Production and Construction Corps, and all departments, bureaus and organizations directly subordinate to the China Food and Drug Administration,
In order to implement the decisions and arrangements of the CPC Central Committee and the State Council for the food and drug safety work, enforce the requirements for applying the most rigorous standards, exercising the most stringent regulation, imposing the most severe penalties and ensuring the most serious accountability (the "Four Mosts"), take steps to toughen the regulation of food and drug safety, severely punish food and drug violations and crimes and effectively ensure the food and drug safety of the masses, the opinions on further strengthening the food and drug case investigation and handling work are hereby stated as follows:
I. Resolutely enforce the requirements of the "Four Mosts" and effectively ensure political accountability for regulation
1. Fully understand the significance of strengthening the case investigation and handling work. The case investigation and handling work is renowned as an important function of the food and drug administrations at different levels, an important means for cracking down on food and drug violations and crimes and an important measure for enforcing the most severe penalties. Since the 18th CPC National Congress, all local governments have reformed the food and drug regulatory system, enhanced the inspection and testing of food and drugs, strengthened the illicit and criminal case investigation and handling work and promoted the overall stabilized and improved situations under the arrangements made by the CPC Central Committee and the State Council. Nevertheless, there have been a decline in the number of professional grassroots law enforcement personnel and cases investigated and handled in recent years. Currently, China still remains in a high food and drug safety risk occurrence period. Therefore, the food and drug administrations at different levels shall adopt a highly responsible attitude towards the masses, uphold issue orientation, enhance accountability, effectively toughen the regulation of food and drugs, intensify the efforts to investigate and handle cases, and rigorously investigate and handle various illicit and criminal food and drug cases.
2. Scientifically divide case investigation and handling power. The food and drug case investigation and handling power shall be determined by following the principle of combining territorial jurisdiction and hierarchical jurisdiction. The food and drug administrations in the places where violations are committed shall have jurisdiction over the investigation and handling of cases and the hierarchical jurisdiction exercised by the food and drug administrations at the county, municipal and provincial levels and the China Food and Drug Administration shall be subject to the relevant provisions on the division of regulatory power. The cases not subject to the jurisdiction at the level as prescribed hereof shall be reported level by level and the food and drug administration at a higher level having jurisdiction shall exercise jurisdiction or designate jurisdiction.
The food and drug administrations at the county level shall be primarily responsible for investigating and handling the following cases: (1) Administrative licensing cases, including the cases occurring in the administrative licensing process taken charge of by the food and drug administrations at the county level; (2) Food cases, including cases occurring in the food manufacturing sector, in the food marketing and catering service sectors and in the food workshop, food vendor and small restaurant sectors within the jurisdiction of the food and drug administration at the county level; (3) Drug, medical equipment and cosmetics cases, including the cases occurring in drug, medical equipment and cosmetics retail processes and the cases occurring in medical institutions and other drug and medical equipment users within the jurisdiction of the food and drug administrations at the county level; (4) Other cases, including the cases identified in the routine inspections and random supervisory inspections carried out by the food and drug administrations at the county level, the complaint and report cases accepted by the food and drug administrations at the county level within their jurisdiction, and the cases assigned by the food and drug administrations at a higher level.
The food and drug administrations at the city level shall be primarily responsible for investigating and handling the following cases: (1) Administrative licensing cases, including the cases occurring in the administrative licensing process taken charge of by the food and drug administrations at the city level; (2) Food cases, including the cases occurring in the food manufacturing sector within the jurisdiction of the food and drug administrations at the city level; (3) Drug, medical equipment and cosmetics cases, including the cases occurring in the manufacturing process completed by Class I and Class II medical equipment manufacturers, the cases occurring in drug, medical equipment and cosmetics wholesalers or the cases occurring in medical institutions and other drug and medical equipment users within the jurisdiction of the food and drug administrations at and above the city level; (4) Other cases, including the cases identified in the routine inspections, unannounced inspections and random supervisory inspections carried out by the food and drug administrations at the city level, the compliant and report cases accepted by the food and drug administrations at the city level within their jurisdiction, the complicated cases having a substantial influence across the city, and the cases assigned by the food and administrations at a high level.
The food and drug administrations at the provincial level shall be primarily responsible for investigating and handling the following cases: (1) Administrative licensing cases, including the cases occurring in the administrative licensing process taken charge of by the food and drug administrations at the provincial level; (2) Food cases, including the cases occurring in the special food and food additive manufacturing process; (3) Drug, medical equipment and cosmetics cases, including the cases occurring in the manufacturing process completed by drug manufacturers, Class III medical equipment manufacturers and cosmetics manufacturers; (4) Other cases, including the major cases identified in the routine inspections, verification, unannounced inspections and random supervisory inspections conducted by food and drug administrations at the provincial level, the compliant and report cases accepted by the food and drug administrations at the provincial level within their jurisdiction, the complicated cases having a substantial influence across the province, and the cases assigned by the China Food and Drug Administration.
The China Food and Drug Administration shall be primarily responsible for investigating and handling the following cases: (1) The major cases assigned by the CPC Central Committee and the State Council; (2) Administrative licensing cases, including the cases occurring in the administrative licensing process taken charge of by the China Food and Drug Administration; (3) Other cases, including the major cases which involve many sectors or may involve systematic and regional risks identified in the routine inspections, verification, unannounced inspections and random supervisory inspections performed by the China Food and Drug Administration, the compliant and report cases undertaken to be investigated and handled by the China Food and Drug Administration within its jurisdiction, and the cases submitted by the food and drug administrations at the provincial level for investigation and handling; other complicated cases having a substantial influence across the country.
The food and drug administrations at the provincial (prefectural and city) levels may divide the investigation and handling power for the food and drug cases at the provincial, city and county levels and submit the division made to the China Food and Drug Administration for putting on record subject to the above-mentioned provisions on the division of the power for investigating and handling cases and in the light of the local actual situation.
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