Food Safety Law of the People's Republic of China (Amended in 2021)
Food Safety Law of the People's Republic of China (Amended in 2021)
Food Safety Law of the People's Republic of China (Amended in 2021)
Order of the President of the People's Republic of China No.81
April 29, 2021
(Adopted at the seventh session of the Standing Committee of the 11th National People's Congress on February 28, 2009; revised at the 14th session of the Standing Committee of the 12th National People's Congress on April 24, 2015; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending Five Laws Including the Product Quality Law of the People's Republic of China adopted at the seventh session of the Standing Committee of the 13th National People's Congress on December 29, 2018; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising Eight Laws Including the Law of the People's Republic of China on Road Traffic Safety adopted at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Monitoring and Assessment of Food Safety Risks
Chapter III Food Safety Standards
Chapter IV Food Production and Trading
Section 1 General Rules
Section 2 Control of Production and Trading Processes
Section 3 Labels, Descriptions, and Advertisements
Section 4 Special Foods
Chapter V Food Inspection
Chapter VI Food Import and Export
Chapter VII Responses to Food Safety Incidents
Chapter VIII Supervision and Administration
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This law is enacted to assure food safety and ensure public health and life safety.
Article 2 Anyone engaging in the following activities within the territory of the People's Republic of China shall be governed by the Law:
1. food production and processing (hereinafter referred to as "food production"), and food sales and catering services (hereinafter referred to as the "food trading");
2. production of and trading of food additives;
3. production of and trading of packaging materials, containers, detergents, and disinfectants used for food and of tools and equipment (hereinafter referred to as "food-related products"); used for food production and trading;
4. use of food additives and food-related products by food producers or traders;
5. storage and transportation of food; and
6. safety management of food, food additives and food-related products.
The quality and safety management of primary edible products derived from agriculture (hereinafter referred to as "edible agricultural products") shall comply with the provisions of the Law of the People's Republic of China on Agricultural Product Quality Safety; however, the market sales, formulation of related quality and safety standards, and the release of related safety information of edible agricultural products as well as agricultural inputs as provided for in the Law are subject to the provisions of this Law.
Article 3 A scientific and strict supervision and administration system featuring prevention first, risk management, whole-process control and social governance shall be established for food safety work.
Article 4 Food producers and traders shall be liable for the safety of the food produced or traded by them.
Food producers and traders shall produce and trade food in accordance with relevant laws and regulations and food safety standards. They shall ensure food safety, act in good faith and be self-disciplined, be accountable to society and the public, accept public supervision, and take their social responsibilities.
Article 5 The State Council shall establish a food safety committee whose duties shall be defined by the State Council.
The food safety administration under the State Council shall exercise supervision and administration over food production and trading activities according to the duties defined by the Law and the State Council.
The health administrative department under the State Council shall organize the implementation of risk monitoring and risk assessment of food safety according to the duties defined by the Law and the State Council, and shall formulate and issue national food safety standards together with the food safety administration under the State Council.
Other relevant departments under the State Council shall carry out relevant food safety work according to the duties defined by the Law and the State Council.
Article 6 Local people's governments at the county level or above shall be in charge of food safety supervision and administration within their respective administrative regions, and shall lead, organize and coordinate food safety supervision and administration and responses to food safety incidents within their respective administrative regions in a centralized manner, and establish and improve the working mechanism and information sharing mechanism of whole-process supervision and administration of food safety.
Local people's governments at the county level or above shall define the respective duties of the food safety administrations, health administrative departments and other relevant departments at the same level in accordance with the provisions of the Law and as required by the State Council. The relevant departments shall, within their term of reference, be in charge of food safety supervision and administration within their own jurisdiction.
The food safety administrations of people's governments at the county level may set up local offices in townships or specific regions.
Article 7 Local people's governments at the county level or above shall implement an accountability system for food safety supervision and administration. Higher-level people's governments shall review and assess the food safety supervision and administration performed by their immediate lower-level people's governments. Local people's governments at the county level or above shall review and assess the food safety supervision and administration performed by the food safety administrations and other relevant departments at the same level.
Article 8 People's governments at the county level or above shall incorporate food safety work into the national economic and social development plans at the corresponding level, include food safety expenditure into the government financial budget at the corresponding level, and strengthen the building of capability for food safety supervision and administration, so as to assure food safety.
Food safety administrations and other relevant departments of people's governments at the county level or above shall strengthen their communications and closely cooperate with one another and shall perform their functions pursuant to the law and assume responsibilities within their term of reference.
Article 9 Food industry associations shall strengthen industry self-discipline, establish and improve industry standards and award and penalty mechanism in accordance with their articles of association, provide food safety information, technologies and other services, direct and urge food producers and traders to conduct food production and trading according to law, promote the credit building in the food industry, and publicize and disseminate food safety knowledge.
Consumer associations and other consumer organizations shall carry out social supervision in accordance with the law of any act harming the legitimate rights and interests of consumers in violation of this Law.
Article 10 People's governments at all levels shall strengthen the publicity and education on food safety, disseminate food safety knowledge, encourage social organizations, grassroots autonomous mass organizations, and food producers and traders to promote and disseminate food safety laws, regulations and food safety standards and knowledge, advocate healthy dieting methods, and enhance consumers' awareness of food safety and self-protection ability.
News media shall carry out publicity and promotion for food safety law and regulations and food safety standards and knowledge for public interest, and conduct public opinion supervision of illegal acts concerning food safety. The publicity and news reports on food safety shall be truthful and impartial.
Article 11 The State encourages and supports basic research and applied research relating to food safety, and the adoption of advanced technologies and management practices by food producers and traders for improving the level of food safety.
The State implements a strict management system on the use of pesticides, speeds up the elimination of extremely toxic or highly toxic pesticides with high residuals, promotes the research and development and application of substitutive products, and encourages the use of pesticides with high efficiency, low toxicity and low residues.
Article 12 Any organization or individual shall have the right to report illegal acts relating to food safety, legally obtain food safety information from relevant departments, and submit opinions and suggestions on food safety supervision and administration.
Article 13 Entities or individuals that make outstanding contributions to food safety work shall be commended and awarded in accordance with relevant state provisions.
Chapter II Monitoring and Assessment of Food Safety Risks
Article 14 The State shall establish a food safety risk monitoring system to monitor food-borne diseases, food contamination and harmful factors in food.
The health administrative department under the State Council shall, together with the food safety administration and other departments under the State Council, formulate and implement national food safety risk monitoring plans.
The food safety administration and other relevant departments under the State Council shall, after becoming aware of any information on food safety risk, immediately verify it and report it to the health administrative department under the State Council. For information on food safety risks notified by the relevant departments or information on food-borne diseases and other deceases reported by medical institutions, the health administrative department under the State Council shall, together with the relevant departments under the State Council, analyze and study it and, if necessary and at tis discretion, promptly adjust the national food safety risk monitoring plan.
The health administrative departments of people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall, together with the food safety administrations and other departments at the corresponding level, formulate and adjust the food safety risk monitoring schemes for their respective administrative regions based on the national food safety risk monitoring plan and also in light of the particularities of their respective administrative regions, and shall submit the schemes to the health administrative department under the State Council for record-filing before implementing the same.
Article 15 Technical organs undertaking the food safety risk monitoring work shall carry out the monitoring work according to the food safety risk monitoring plan and food safety risk monitoring scheme, ensure that the monitoring data are authentic and accurate, and report the monitoring data and analysis results according to the requirements of the food safety risk monitoring plan and food safety risk monitoring scheme.
Food safety risk monitoring workers have the right to enter the relevant places for the planting and breeding of edible agricultural products and for food production and trading to collect samples and relevant data. The payment for sample collection shall be based on market prices.
Article 16 Where food safety risk monitoring results show that there may be potential food safety hazards, the health administrative departments of people's governments at the county level or above shall promptly inform the food safety administrations and other departments at the same level of the relevant information, and report the same to the people's governments at the corresponding level and the health administrative departments of the people's governments at the higher level. Food safety administrations and other departments shall organize further investigations.
Article 17 The State establishes a food safety risk assessment system to conduct risk assessment for biological, chemical and physical hazards factors in food, food additives, and food-related products according to the food safety risk monitoring information, scientific data and the relevant information by adopting scientific methods.
The health administrative department under the State Council is responsible for the organization of the food safety risk assessment work, and such department shall form a food safety risk assessment expert committee which consists of medical, agricultural, food, nutritional, biological, environmental and other experts to carry out the food safety risk assessment. The results of food safety risk assessment shall be announced by the health administrative department under the State Council.
Experts from the food safety risk assessment expert committee shall be invited to participate in the safety assessment for pesticides, fertilizers, veterinary medicines, feed and feed additives.
Producers and traders shall not be charged for food safety risk assessment, and the payment for sample collection shall be based on market prices.
Article 18 Under any of the following circumstances, food safety risk assessment shall be implemented:
1. according to the food safety risk monitoring results, or the relevant reports received, it is found that there may be potential safety hazards existing in food, food additives and food-related products;
2. the risk assessment is required for providing scientific basis for the formulation or revision of national food safety standards;
3. the risk assessment is required for determining the major fields and key species under the supervision and administration;
4. new factors that may harm food safety are found;
5. it is necessary to judge whether certain factors are food safety potential hazards; and
6. there are other circumstances under which, as the health administrative department under the State Council believes, risk assessment is required.
Article 19 Where the food safety administration, agricultural administrative department and other departments under the State Council find that the food safety risk assessment is required in the supervision and administration work, they shall propose suggestions on implementing the food safety risk assessment to the health administrative department under the State Council, and provide sources of risk, relevant test data and conclusions and other information and data. If it is under the circumstances as prescribed in Article 18 of the Law, the health administrative department under the State Council shall promptly conduct the food safety risk assessment, and inform relevant departments under the State Council of the assessment results.
Article 20 The health administrative departments and agricultural administrative departments of the people's governments at the provincial level or above shall promptly inform each other of the safety risk monitoring information about food and edible agricultural products.
The health administrative department and agricultural administrative department under the State Council shall promptly inform each other of the safety risk assessment results and other information about food and edible agricultural products.
Article 21 The food safety risk assessment results are scientific basis for the formulation and revision of food safety standards and the implementation of the food safety supervision and administration.
If the food safety risk assessment results prove that the food, food additives, and food-related products are unsafe, the food safety administration and other departments under the State Council shall promptly notify the public as per their respective responsibilities, informing consumers that they shall stop eating or using such food, food additives, and food-related products, and take corresponding measures to ensure the suspension of production of and trading in such food, food additives, and food-related products; if the formulation or revision of relevant national food safety standards is necessary, the health administrative department under the State Council shall, in concert with the food safety administration under the State Council, immediately formulate or revise the same.
Article 22 The food safety administration under the State Council shall, in concert with the relevant departments under the State Council, conduct a comprehensive analysis of the food safety situation based on the food safety risk assessment results and the information from the food safety supervision and administration. The food safety administration under the State Council shall give food safety risk warnings and make an announcement to the public in a timely manner for food proved by such comprehensive analysis to be of high safety risk.
Article 23 The food safety administrations and other relevant departments of people's governments at the county level or above as well as the food safety risk assessment expert committee and its technical organs shall, by following the scientific, objective, timely and open principles, organize the food producers and traders, food inspection agencies, accreditation agencies, food industry associations, consumers' associations, news media and others to communicate on food safety risk assessment information and food safety supervision and administration information.
Chapter III Food Safety Standards
Article 24 The assurance of public health shall be the principle for the formulation of food safety standards. All food safety standards shall be scientific, reasonable, safe and reliable.
Article 25 Food safety standards are mandatory standards. Except for the food safety standards, no other mandatory food-related standards shall be formulated.
Article 26 Food safety standards shall include the following items:
1. provisions on the limits of pathogenic micro-organisms, residues of pesticides or veterinary medicines, biotoxin, heavy metals and other pollutants as well as other substances hazardous to human health in food, food additives and food-related products; 2. the type, scope of application and dosage of food additives;
3. nutritional ingredient requirements for staple foods and supplementary foods exclusively for infants and other designated groups;
4. requirements for labels, marks, and descriptions regarding health, nutrition and other food safety requirements;
5. hygiene requirements for food production and trading;
6. quality requirements relating to food safety;
7. measures and procedures for food inspection with respect to food safety; and
8. other items necessary for formulating food safety standards.
Article 27 The health administrative department under the State Council shall, in concert with the food safety administration under the State Council, be responsible for the formulation and release of national food safety standards. The standardization administrative department under the State Council shall provide the reference codes for these national standards.
The health administrative department and agricultural administrative department under the State Council shall, in concert with the food safety administration under the State Council, formulate provisions on the limits of pesticide and veterinary medicine residues in food and the measures and procedures for inspecting the same.
The agricultural administrative department under the State Council shall, in concert with the health administrative department under the State Council, formulate inspection procedures for livestock and poultry slaughtering.
Article 28 The national food safety standards shall be formulated based on the food safety risk assessment results, and by taking into full consideration the edible agricultural product safety risk assessment results and referring to the relevant international standards and the international food safety risk assessment results, and the draft national food safety standards shall be made public for seeking the opinions from a wide range of food producers, traders, consumers and relevant departments.
The national food safety standards shall be reviewed and approved by an assessment committee for national food safety standards organized by the health administrative department under the State Council. The committee, comprising medical, agricultural, food, nutrition, biological, environmental and other experts and representatives of the relevant departments under the State Council, the food industry association and the consumers' association, reviews the scientificity and practicability of the draft national food safety standards.
Article 29 For local special foods without national food safety standards, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate and publish local food safety standards and submit the same to the health administrative department under the State Council for filing. After the national food safety standards are formulated, such local standards shall be nullified immediately.
Article 30 The State encourages food producers to formulate corporate standards that are stricter than the national or local food safety standards. Such corporate standards apply to such producers and shall be reported to the health administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for filing.
Article 31 The health administrative departments of the people's governments at the provincial level or above shall promulgate on their respective websites the national and local food safety standards and corporate standards formulated and filed for inquiry and downloading by the public free of charge.
With regard to any problems in the implementation of food safety standards, health administrative departments of the people's governments at the county level or above shall, in concert with relevant departments, give guidance and explanation in a timely manner.
Article 32 The health administrative departments of the people's governments at the provincial level or above shall, in concert with the food safety administrations, agricultural administrative departments and other departments at the same level, respectively conduct the tracking evaluation of the implementation of national and local food safety standards, and revise the food safety standards in time according to the evaluation results.
The food safety administrations, agricultural administrative departments and other departments of the people's governments at the provincial level or above shall collect and summarize any problems existing in the implementation of food safety standards, and promptly inform the health administrative departments at the same level thereof.
Problems (if any) existing in the implementation of food safety standards that are found by food producers, traders or food industry associations shall be immediately reported to the health administrative departments.
Chapter IV Food Production and Trading
Section 1 General Rules
Article 33 The food production and trading shall conform to food safety standards as well as the following requirements:
1. having appropriate premises for raw material disposal, and food processing, packing and storage that are sufficient for the intended variety and quantity of food to be produced or traded in; keeping the premises tidy and clean; and ensuring that appropriate distances have been maintained between such premises and toxic or hazardous locations and other sources of contamination;
2. having appropriate production or trading equipment or facilities that are sufficient for the variety and quantity of food to be produced or traded in; and having appropriate equipment or facilities for sanitation, changing cloths, washing, lighting, illumination, ventilation, anti-corrosion, dust-proofing, fly-proofing, rat-proofing, insect-proofing, cleaning, sewage disposal, and garbage and waste storage;
3. having full-time or part-time professional food safety technicians and management personnel; and having rules and regulations to ensure food safety;
4. having reasonable equipment layout and technical process to avoid cross-contamination between food to be processed and ready-to-eat food and raw materials and finished products and to prevent contact between food and toxic or unclean substances;
5. tableware, kitchenware and containers for ready-to-eat food must be washed and disinfected before use; kitchenware and other utensils must be washed after use and kept clean;
6. containers, utensils and equipment used for the storage, transportation, and loading and unloading of food must be safe, harmless and clean and avoid food contamination; the temperature, humidity and other special requirements shall be met to ensure food safety; no storage or transportation of food shall be conducted with toxic or hazardous substance;
7. non-toxic and clean packaging materials, tableware, kitchenware and containers shall be used for ready-to-eat food;
8. food producers and traders shall maintain their personal hygiene; wash their hands and wear clean work clothes and hats in the course of food production or trading; and use non-toxic and clean containers, utensils and equipment for the sale of ready-to-eat food without packaging;
9. water used must conform to national hygiene standards for drinking-water;
10. detergents and disinfectants used must be safe and harmless to human health; and
11. other requirements as specified by laws and regulations.
The non-food producers and traders that engage in food storage, transportation, loading and unloading shall conform to the provisions set forth in Item 6 of the preceding paragraph.
Article 34 Production of and trading in the following food, food additives and food-related products shall be prohibited:
1. food produced by non-food raw materials; or food to which chemical substances other than food additives or other substances hazardous to human health have been added; or food having recycled food as raw materials;
2.
......
Order of the President of the People's Republic of China No.81
April 29, 2021
(Adopted at the seventh session of the Standing Committee of the 11th National People's Congress on February 28, 2009; revised at the 14th session of the Standing Committee of the 12th National People's Congress on April 24, 2015; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending Five Laws Including the Product Quality Law of the People's Republic of China adopted at the seventh session of the Standing Committee of the 13th National People's Congress on December 29, 2018; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising Eight Laws Including the Law of the People's Republic of China on Road Traffic Safety adopted at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Monitoring and Assessment of Food Safety Risks
Chapter III Food Safety Standards
Chapter IV Food Production and Trading
Section 1 General Rules
Section 2 Control of Production and Trading Processes
Section 3 Labels, Descriptions, and Advertisements
Section 4 Special Foods
Chapter V Food Inspection
Chapter VI Food Import and Export
Chapter VII Responses to Food Safety Incidents
Chapter VIII Supervision and Administration
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This law is enacted to assure food safety and ensure public health and life safety.
Article 2 Anyone engaging in the following activities within the territory of the People's Republic of China shall be governed by the Law:
1. food production and processing (hereinafter referred to as "food production"), and food sales and catering services (hereinafter referred to as the "food trading");
2. production of and trading of food additives;
3. production of and trading of packaging materials, containers, detergents, and disinfectants used for food and of tools and equipment (hereinafter referred to as "food-related products"); used for food production and trading;
4. use of food additives and food-related products by food producers or traders;
5. storage and transportation of food; and
6. safety management of food, food additives and food-related products.
The quality and safety management of primary edible products derived from agriculture (hereinafter referred to as "edible agricultural products") shall comply with the provisions of the Law of the People's Republic of China on Agricultural Product Quality Safety; however, the market sales, formulation of related quality and safety standards, and the release of related safety information of edible agricultural products as well as agricultural inputs as provided for in the Law are subject to the provisions of this Law.
Article 3 A scientific and strict supervision and administration system featuring prevention first, risk management, whole-process control and social governance shall be established for food safety work.
Article 4 Food producers and traders shall be liable for the safety of the food produced or traded by them.
Food producers and traders shall produce and trade food in accordance with relevant laws and regulations and food safety standards. They shall ensure food safety, act in good faith and be self-disciplined, be accountable to society and the public, accept public supervision, and take their social responsibilities.
Article 5 The State Council shall establish a food safety committee whose duties shall be defined by the State Council.
The food safety administration under the State Council shall exercise supervision and administration over food production and trading activities according to the duties defined by the Law and the State Council.
The health administrative department under the State Council shall organize the implementation of risk monitoring and risk assessment of food safety according to the duties defined by the Law and the State Council, and shall formulate and issue national food safety standards together with the food safety administration under the State Council.
Other relevant departments under the State Council shall carry out relevant food safety work according to the duties defined by the Law and the State Council.
Article 6 Local people's governments at the county level or above shall be in charge of food safety supervision and administration within their respective administrative regions, and shall lead, organize and coordinate food safety supervision and administration and responses to food safety incidents within their respective administrative regions in a centralized manner, and establish and improve the working mechanism and information sharing mechanism of whole-process supervision and administration of food safety.
Local people's governments at the county level or above shall define the respective duties of the food safety administrations, health administrative departments and other relevant departments at the same level in accordance with the provisions of the Law and as required by the State Council. The relevant departments shall, within their term of reference, be in charge of food safety supervision and administration within their own jurisdiction.
The food safety administrations of people's governments at the county level may set up local offices in townships or specific regions.
Article 7 Local people's governments at the county level or above shall implement an accountability system for food safety supervision and administration. Higher-level people's governments shall review and assess the food safety supervision and administration performed by their immediate lower-level people's governments. Local people's governments at the county level or above shall review and assess the food safety supervision and administration performed by the food safety administrations and other relevant departments at the same level.
Article 8 People's governments at the county level or above shall incorporate food safety work into the national economic and social development plans at the corresponding level, include food safety expenditure into the government financial budget at the corresponding level, and strengthen the building of capability for food safety supervision and administration, so as to assure food safety.
Food safety administrations and other relevant departments of people's governments at the county level or above shall strengthen their communications and closely cooperate with one another and shall perform their functions pursuant to the law and assume responsibilities within their term of reference.
Article 9 Food industry associations shall strengthen industry self-discipline, establish and improve industry standards and award and penalty mechanism in accordance with their articles of association, provide food safety information, technologies and other services, direct and urge food producers and traders to conduct food production and trading according to law, promote the credit building in the food industry, and publicize and disseminate food safety knowledge.
Consumer associations and other consumer organizations shall carry out social supervision in accordance with the law of any act harming the legitimate rights and interests of consumers in violation of this Law.
Article 10 People's governments at all levels shall strengthen the publicity and education on food safety, disseminate food safety knowledge, encourage social organizations, grassroots autonomous mass organizations, and food producers and traders to promote and disseminate food safety laws, regulations and food safety standards and knowledge, advocate healthy dieting methods, and enhance consumers' awareness of food safety and self-protection ability.
News media shall carry out publicity and promotion for food safety law and regulations and food safety standards and knowledge for public interest, and conduct public opinion supervision of illegal acts concerning food safety. The publicity and news reports on food safety shall be truthful and impartial.
Article 11 The State encourages and supports basic research and applied research relating to food safety, and the adoption of advanced technologies and management practices by food producers and traders for improving the level of food safety.
The State implements a strict management system on the use of pesticides, speeds up the elimination of extremely toxic or highly toxic pesticides with high residuals, promotes the research and development and application of substitutive products, and encourages the use of pesticides with high efficiency, low toxicity and low residues.
Article 12 Any organization or individual shall have the right to report illegal acts relating to food safety, legally obtain food safety information from relevant departments, and submit opinions and suggestions on food safety supervision and administration.
Article 13 Entities or individuals that make outstanding contributions to food safety work shall be commended and awarded in accordance with relevant state provisions.
Chapter II Monitoring and Assessment of Food Safety Risks
Article 14 The State shall establish a food safety risk monitoring system to monitor food-borne diseases, food contamination and harmful factors in food.
The health administrative department under the State Council shall, together with the food safety administration and other departments under the State Council, formulate and implement national food safety risk monitoring plans.
The food safety administration and other relevant departments under the State Council shall, after becoming aware of any information on food safety risk, immediately verify it and report it to the health administrative department under the State Council. For information on food safety risks notified by the relevant departments or information on food-borne diseases and other deceases reported by medical institutions, the health administrative department under the State Council shall, together with the relevant departments under the State Council, analyze and study it and, if necessary and at tis discretion, promptly adjust the national food safety risk monitoring plan.
The health administrative departments of people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall, together with the food safety administrations and other departments at the corresponding level, formulate and adjust the food safety risk monitoring schemes for their respective administrative regions based on the national food safety risk monitoring plan and also in light of the particularities of their respective administrative regions, and shall submit the schemes to the health administrative department under the State Council for record-filing before implementing the same.
Article 15 Technical organs undertaking the food safety risk monitoring work shall carry out the monitoring work according to the food safety risk monitoring plan and food safety risk monitoring scheme, ensure that the monitoring data are authentic and accurate, and report the monitoring data and analysis results according to the requirements of the food safety risk monitoring plan and food safety risk monitoring scheme.
Food safety risk monitoring workers have the right to enter the relevant places for the planting and breeding of edible agricultural products and for food production and trading to collect samples and relevant data. The payment for sample collection shall be based on market prices.
Article 16 Where food safety risk monitoring results show that there may be potential food safety hazards, the health administrative departments of people's governments at the county level or above shall promptly inform the food safety administrations and other departments at the same level of the relevant information, and report the same to the people's governments at the corresponding level and the health administrative departments of the people's governments at the higher level. Food safety administrations and other departments shall organize further investigations.
Article 17 The State establishes a food safety risk assessment system to conduct risk assessment for biological, chemical and physical hazards factors in food, food additives, and food-related products according to the food safety risk monitoring information, scientific data and the relevant information by adopting scientific methods.
The health administrative department under the State Council is responsible for the organization of the food safety risk assessment work, and such department shall form a food safety risk assessment expert committee which consists of medical, agricultural, food, nutritional, biological, environmental and other experts to carry out the food safety risk assessment. The results of food safety risk assessment shall be announced by the health administrative department under the State Council.
Experts from the food safety risk assessment expert committee shall be invited to participate in the safety assessment for pesticides, fertilizers, veterinary medicines, feed and feed additives.
Producers and traders shall not be charged for food safety risk assessment, and the payment for sample collection shall be based on market prices.
Article 18 Under any of the following circumstances, food safety risk assessment shall be implemented:
1. according to the food safety risk monitoring results, or the relevant reports received, it is found that there may be potential safety hazards existing in food, food additives and food-related products;
2. the risk assessment is required for providing scientific basis for the formulation or revision of national food safety standards;
3. the risk assessment is required for determining the major fields and key species under the supervision and administration;
4. new factors that may harm food safety are found;
5. it is necessary to judge whether certain factors are food safety potential hazards; and
6. there are other circumstances under which, as the health administrative department under the State Council believes, risk assessment is required.
Article 19 Where the food safety administration, agricultural administrative department and other departments under the State Council find that the food safety risk assessment is required in the supervision and administration work, they shall propose suggestions on implementing the food safety risk assessment to the health administrative department under the State Council, and provide sources of risk, relevant test data and conclusions and other information and data. If it is under the circumstances as prescribed in Article 18 of the Law, the health administrative department under the State Council shall promptly conduct the food safety risk assessment, and inform relevant departments under the State Council of the assessment results.
Article 20 The health administrative departments and agricultural administrative departments of the people's governments at the provincial level or above shall promptly inform each other of the safety risk monitoring information about food and edible agricultural products.
The health administrative department and agricultural administrative department under the State Council shall promptly inform each other of the safety risk assessment results and other information about food and edible agricultural products.
Article 21 The food safety risk assessment results are scientific basis for the formulation and revision of food safety standards and the implementation of the food safety supervision and administration.
If the food safety risk assessment results prove that the food, food additives, and food-related products are unsafe, the food safety administration and other departments under the State Council shall promptly notify the public as per their respective responsibilities, informing consumers that they shall stop eating or using such food, food additives, and food-related products, and take corresponding measures to ensure the suspension of production of and trading in such food, food additives, and food-related products; if the formulation or revision of relevant national food safety standards is necessary, the health administrative department under the State Council shall, in concert with the food safety administration under the State Council, immediately formulate or revise the same.
Article 22 The food safety administration under the State Council shall, in concert with the relevant departments under the State Council, conduct a comprehensive analysis of the food safety situation based on the food safety risk assessment results and the information from the food safety supervision and administration. The food safety administration under the State Council shall give food safety risk warnings and make an announcement to the public in a timely manner for food proved by such comprehensive analysis to be of high safety risk.
Article 23 The food safety administrations and other relevant departments of people's governments at the county level or above as well as the food safety risk assessment expert committee and its technical organs shall, by following the scientific, objective, timely and open principles, organize the food producers and traders, food inspection agencies, accreditation agencies, food industry associations, consumers' associations, news media and others to communicate on food safety risk assessment information and food safety supervision and administration information.
Chapter III Food Safety Standards
Article 24 The assurance of public health shall be the principle for the formulation of food safety standards. All food safety standards shall be scientific, reasonable, safe and reliable.
Article 25 Food safety standards are mandatory standards. Except for the food safety standards, no other mandatory food-related standards shall be formulated.
Article 26 Food safety standards shall include the following items:
1. provisions on the limits of pathogenic micro-organisms, residues of pesticides or veterinary medicines, biotoxin, heavy metals and other pollutants as well as other substances hazardous to human health in food, food additives and food-related products; 2. the type, scope of application and dosage of food additives;
3. nutritional ingredient requirements for staple foods and supplementary foods exclusively for infants and other designated groups;
4. requirements for labels, marks, and descriptions regarding health, nutrition and other food safety requirements;
5. hygiene requirements for food production and trading;
6. quality requirements relating to food safety;
7. measures and procedures for food inspection with respect to food safety; and
8. other items necessary for formulating food safety standards.
Article 27 The health administrative department under the State Council shall, in concert with the food safety administration under the State Council, be responsible for the formulation and release of national food safety standards. The standardization administrative department under the State Council shall provide the reference codes for these national standards.
The health administrative department and agricultural administrative department under the State Council shall, in concert with the food safety administration under the State Council, formulate provisions on the limits of pesticide and veterinary medicine residues in food and the measures and procedures for inspecting the same.
The agricultural administrative department under the State Council shall, in concert with the health administrative department under the State Council, formulate inspection procedures for livestock and poultry slaughtering.
Article 28 The national food safety standards shall be formulated based on the food safety risk assessment results, and by taking into full consideration the edible agricultural product safety risk assessment results and referring to the relevant international standards and the international food safety risk assessment results, and the draft national food safety standards shall be made public for seeking the opinions from a wide range of food producers, traders, consumers and relevant departments.
The national food safety standards shall be reviewed and approved by an assessment committee for national food safety standards organized by the health administrative department under the State Council. The committee, comprising medical, agricultural, food, nutrition, biological, environmental and other experts and representatives of the relevant departments under the State Council, the food industry association and the consumers' association, reviews the scientificity and practicability of the draft national food safety standards.
Article 29 For local special foods without national food safety standards, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate and publish local food safety standards and submit the same to the health administrative department under the State Council for filing. After the national food safety standards are formulated, such local standards shall be nullified immediately.
Article 30 The State encourages food producers to formulate corporate standards that are stricter than the national or local food safety standards. Such corporate standards apply to such producers and shall be reported to the health administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for filing.
Article 31 The health administrative departments of the people's governments at the provincial level or above shall promulgate on their respective websites the national and local food safety standards and corporate standards formulated and filed for inquiry and downloading by the public free of charge.
With regard to any problems in the implementation of food safety standards, health administrative departments of the people's governments at the county level or above shall, in concert with relevant departments, give guidance and explanation in a timely manner.
Article 32 The health administrative departments of the people's governments at the provincial level or above shall, in concert with the food safety administrations, agricultural administrative departments and other departments at the same level, respectively conduct the tracking evaluation of the implementation of national and local food safety standards, and revise the food safety standards in time according to the evaluation results.
The food safety administrations, agricultural administrative departments and other departments of the people's governments at the provincial level or above shall collect and summarize any problems existing in the implementation of food safety standards, and promptly inform the health administrative departments at the same level thereof.
Problems (if any) existing in the implementation of food safety standards that are found by food producers, traders or food industry associations shall be immediately reported to the health administrative departments.
Chapter IV Food Production and Trading
Section 1 General Rules
Article 33 The food production and trading shall conform to food safety standards as well as the following requirements:
1. having appropriate premises for raw material disposal, and food processing, packing and storage that are sufficient for the intended variety and quantity of food to be produced or traded in; keeping the premises tidy and clean; and ensuring that appropriate distances have been maintained between such premises and toxic or hazardous locations and other sources of contamination;
2. having appropriate production or trading equipment or facilities that are sufficient for the variety and quantity of food to be produced or traded in; and having appropriate equipment or facilities for sanitation, changing cloths, washing, lighting, illumination, ventilation, anti-corrosion, dust-proofing, fly-proofing, rat-proofing, insect-proofing, cleaning, sewage disposal, and garbage and waste storage;
3. having full-time or part-time professional food safety technicians and management personnel; and having rules and regulations to ensure food safety;
4. having reasonable equipment layout and technical process to avoid cross-contamination between food to be processed and ready-to-eat food and raw materials and finished products and to prevent contact between food and toxic or unclean substances;
5. tableware, kitchenware and containers for ready-to-eat food must be washed and disinfected before use; kitchenware and other utensils must be washed after use and kept clean;
6. containers, utensils and equipment used for the storage, transportation, and loading and unloading of food must be safe, harmless and clean and avoid food contamination; the temperature, humidity and other special requirements shall be met to ensure food safety; no storage or transportation of food shall be conducted with toxic or hazardous substance;
7. non-toxic and clean packaging materials, tableware, kitchenware and containers shall be used for ready-to-eat food;
8. food producers and traders shall maintain their personal hygiene; wash their hands and wear clean work clothes and hats in the course of food production or trading; and use non-toxic and clean containers, utensils and equipment for the sale of ready-to-eat food without packaging;
9. water used must conform to national hygiene standards for drinking-water;
10. detergents and disinfectants used must be safe and harmless to human health; and
11. other requirements as specified by laws and regulations.
The non-food producers and traders that engage in food storage, transportation, loading and unloading shall conform to the provisions set forth in Item 6 of the preceding paragraph.
Article 34 Production of and trading in the following food, food additives and food-related products shall be prohibited:
1. food produced by non-food raw materials; or food to which chemical substances other than food additives or other substances hazardous to human health have been added; or food having recycled food as raw materials;
2.
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