Li Keqiang signed an order of the State Council to announce the revised regulations for the implementation of the food safety law of the people's Republic of China Xiamen Hetang Catering Enterprise Management Co., Ltd

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Li Keqiang signed an order of the State Council to announce the revised regulations for the implementation of the food safety law of the people's Republic of China

Li Keqiang, premier of the State Council, recently signed an order of the State Council to promulgate the revised regulations for the implementation of the food safety law of the people's Republic of China (hereinafter referred to as the regulations), which will come into effect on December 1, 2019《 There are 10 chapters and 86 articles in the regulations.

The Party Central Committee and the State Council attach great importance to food safety. The implementation of the newly revised food safety law in 2015 has greatly promoted the overall level of food safety in China. At the same time, food safety work is still facing many difficulties and challenges, some of which are effective in regulatory practice The practice also needs to be summarized and upgraded to legal norms. In order to further refine and implement the newly revised food safety law and solve the existing problems in practice, it is necessary to revise the regulations.

The regulations strengthen the supervision of food safety, require the people's governments at or above the county level to establish a unified and authoritative supervision system, strengthen the construction of supervision capacity, supplement the supervision means such as random supervision and inspection, remote supervision and inspection, improve the reporting reward system, and We will establish a blacklist system for serious illegal producers and operators and a joint disciplinary mechanism for dishonesty.

The regulations improve the basic systems of food safety risk monitoring and food safety standards, strengthen the application of food safety risk monitoring results, standardize the formulation of local food safety standards, clarify the filing scope of enterprise standards, and effectively improve food safety The scientific nature of the work.

The regulations further implement the main responsibility of food safety of producers and operators, refine the responsibilities of the main responsible person of enterprises, standardize the storage and transportation of food, prohibit false publicity of food, and improve the management system of special food.

The regulations improve the legal liability for illegal acts of food safety, and stipulate that the legal representative, main responsible person, directly responsible person in charge and other directly responsible personnel of the unit with intentional illegal behavior shall be fined, and the newly added Strict legal liability should be set accordingly.


Original document

Order of the State Council of the people's Republic of China   No. 721

The regulations on the implementation of the food safety law of the people's Republic of China was revised and adopted at the 42nd executive meeting of the State Council on March 26, 2019. The revised regulations for the implementation of the food safety law of the people's Republic of China are hereby promulgated and shall come into force on December 1, 2019

Premier Li Keqiang     October 11, 2019

Regulations on the implementation of food safety law of the people's Republic of China

(promulgated by order No. 557 of the State Council of the people's Republic of China on July 20, 2009, revised according to the decision of the State Council on amending some administrative regulations on February 6, 2016, and revised and adopted at the 42nd executive meeting of the State Council on March 26, 2019)

general provisions

Article 1 These Regulations are formulated in accordance with the food safety law of the people's Republic of China (hereinafter referred to as the food safety law).

Article 2 food producers and business operators shall engage in production and marketing activities in accordance with laws, regulations and food safety standards, establish and improve the food safety management system, take effective measures to prevent and control food safety risks and ensure food safety.

Article 3 the food safety committee of the State Council shall be responsible for analyzing the food safety situation, studying and deploying, coordinating and guiding the food safety work, proposing major policies and measures for food safety supervision and management, and supervising and implementing the responsibility for food safety supervision and management. Places above county level The food safety committee of the people's Government shall carry out its work in accordance with the responsibilities prescribed by the people's government at the corresponding level.

Article 4 the people's governments at or above the county level shall establish a unified and authoritative food safety supervision and management system and strengthen the construction of food safety supervision and management capacity.

Food safety supervision and administration departments and other relevant departments of the people's governments at or above the county level shall perform their duties according to law, strengthen coordination and cooperation, and do a good job in food safety supervision and management.

The Township People's governments and sub district offices shall support and assist the food safety supervision and administration departments of the people's governments at the county level and their agencies in carrying out food safety supervision and administration according to law.

Article 5 the State shall incorporate food safety knowledge into the content of national quality education, popularize scientific knowledge and legal knowledge of food safety, and improve the food safety awareness of the whole society.


Chapter II food safety risk monitoring and assessment

Article 6 the health administrative department of the people's government at or above the county level shall establish a food safety risk monitoring and consultation mechanism together with the food safety supervision and administration departments at the same level, summarize and analyze the risk monitoring data, study and judge the food safety risk, and form the food safety risk monitoring score Analyze the report and report it to the people's government at the corresponding level; The health administrative department of the local people's government at or above the county level shall also report the food safety risk monitoring and analysis report to the health administrative department of the people's government at the next higher level. The specific measures for consultation on food safety risk monitoring shall be formulated by the health administrative department of the State Council in conjunction with the food safety supervision and Administration Department of the State Council.

Article 7 if the food safety risk monitoring results show that there are potential food safety hazards, and the food safety supervision and management departments, after further investigation and confirmation, need to inform the relevant food producers and operators, they shall timely notify them. The food producers and business operators who have received the notice shall immediately conduct self-examination. If the food is found not to meet the food safety standards or there is evidence to prove that it may harm human health, it shall stop production and marketing, implement food recall, and report relevant information in accordance with Article 63 of the food safety law.

Article 8 if the health administration and food safety supervision and administration departments under the State Council find it necessary to conduct safety assessment on pesticides, fertilizers, veterinary drugs, feed and feed additives, they shall put forward safety assessment suggestions to the agricultural administrative department of the State Council. the state council The administrative department of Agriculture shall organize the assessment in a timely manner and inform the relevant departments of the State Council of the assessment results.

Article 9 the food safety supervision and Administration Department of the State Council and other relevant departments shall establish a food safety risk information exchange mechanism to clarify the contents, procedures and requirements of food safety risk information exchange.


Chapter III food safety standards

Article 10 the administrative department of health under the State Council shall, in conjunction with the food safety supervision and administration department and the agricultural administrative department under the State Council, formulate the national food safety standards plan and its annual implementation plan. The administrative department of health under the State Council shall publish the national food safety standards on its website The draft of the quasi plan and its annual implementation plan shall be solicited for public opinions.

Article 11 the administrative departments of health under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall solicit public opinions when formulating local food safety standards in accordance with the provisions of Article 29 of the food safety law. The administrative departments of health under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall Within 30 working days from the date of promulgation of the local food safety standards, the local standards shall be reported to the health administrative department of the State Council for the record. If the administrative department of health under the State Council finds that the local food safety standards on record violate laws, regulations or national food safety standards, they shall correct them in a timely manner. If the local food safety standards are abolished according to law, the administrative departments of public health of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall timely announce the repeal on their websites.

Article 12 health food, formula food for special medical purposes, formula food for infants and young children and other special food do not belong to local characteristic food, and local food safety standards shall not be formulated for them.

Article 13 after the promulgation of food safety standards, food producers and business operators may implement the standards before the implementation date specified in the food safety standards, and disclose the implementation situation in advance.

Article 14 food production enterprises shall not formulate enterprise standards lower than the requirements of national or local food safety standards. If a food production enterprise formulates an enterprise standard with food safety indicators that are stricter than the national or local food safety standards, it shall report to the provincial government Health administrative departments of the people's governments of autonomous regions and municipalities directly under the central government for the record. Where food production enterprises formulate enterprise standards, they shall be open to the public for free reference.


Chapter IV food production and operation

Article 15 The term of validity of the food production and marketing license is five years. If the production and operation conditions of food producers and operators change and no longer meet the requirements of food production and operation, the food producers and operators shall immediately take rectification measures; If it is necessary to go through the license procedures again, it shall be handled according to law.

Article 16 the administrative department of public health under the State Council shall publish in a timely manner the catalogue of new food raw materials, new varieties of food additives and new varieties of food related products as well as the applicable national food safety standards. The health administrative department of the State Council and the food safety supervision and Administration Department of the State Council shall update the catalogue of substances that are both food and traditional Chinese medicine in a timely manner.


Article 17 the food safety supervision and Administration Department of the State Council shall, together with the agricultural administration and other relevant departments under the State Council, clarify the basic requirements for the whole process traceability of food safety, and guide food producers and operators to establish and improve the food safety traceability system by means of information technology. Food safety supervision and management departments should focus on the construction of traceability system for infant formula food and other foods with high food safety risk or high sales volume.

Article 18 food producers and business operators shall establish a food safety traceability system, truthfully record and keep the information of incoming inspection, ex factory inspection and food sales in accordance with the provisions of the food safety law, so as to ensure food traceability.

Article 19 the main person in charge of a food production and marketing enterprise shall be fully responsible for the food safety work of the enterprise, establish and implement the food safety responsibility system of the enterprise, strengthen the management of suppliers, incoming inspection and ex factory inspection, control of production and operation process, and food safety Product safety self inspection and other work. The food safety management personnel of a food production and operation enterprise shall assist the main person in charge of the enterprise in food safety management.

Article 20 food production and marketing enterprises shall strengthen the training and assessment of food safety management personnel. Food safety management personnel shall master the food safety laws, regulations, standards and professional knowledge suitable for their posts, and have the ability of food safety management power. The food safety supervision and administration department shall conduct random supervision, random inspection and examination on the food safety management personnel of the enterprise. The assessment guidelines shall be formulated and promulgated by the food safety supervision and Administration Department of the State Council.

Article 21 Where a producer or operator of a food or food additive entrusts the production of a food or food additive, it shall entrust the producer who has obtained the food production license or the food additive production license to produce the food or food additive, and shall supervise its production behavior and supervise the entrusted production Responsible for the safety of food and food additives. The entrusted party shall carry out production in accordance with laws, regulations, food safety standards and the contract, be responsible for the production behavior, and accept the supervision of the entrusting party.

Article 22 food producers and business operators shall not store the substances in the catalogues formulated in accordance with the provisions of Article 63 of these regulations in food production and processing sites.

Article 23 the irradiation processing of food shall comply with the national food safety standards, and the irradiated food shall be inspected and marked in accordance with the requirements of the national food safety standard.

Article 24 for the storage and transportation of food with special requirements for temperature and humidity, equipment and facilities such as heat preservation, refrigeration or freezing shall be provided and the effective operation shall be maintained.

Article 25 Where a food producer or business operator entrusts the storage and transportation of food, it shall examine the food safety guarantee capability of the entrusted party, and supervise the food storage and transportation of the entrusted party in accordance with the requirements of ensuring food safety. The entrusted party shall guarantee the food storage The transportation conditions shall meet the requirements of food safety, and the management of food storage and transportation process shall be strengthened. The name, address and contact information of the entrusting party and the receiving party shall be recorded truthfully when the food is stored or transported by the food producer or operator. The storage life of records shall not be less than 2 years after the end of storage and transportation. If a non food producer or operator is engaged in food storage business with special requirements for temperature, humidity, etc., it shall report to the food safety supervision and Administration Department of the local people's government at the county level for the record within 30 working days from the date of obtaining the business license.

Article 26 If the catering service provider entrusts the centralized disinfection service unit of tableware and tableware to provide cleaning and disinfection service, it shall check and keep the copy of business license and disinfection certificate of the centralized disinfection service unit of tableware and tableware. The storage period shall not be less than Six months after the expiration of the service life of sterilized tableware and drinking utensils.

Article 27 the centralized disinfection service unit of tableware and tableware shall establish a record system for ex factory inspection of tableware and tableware, and truthfully record the quantity, disinfection date and batch number, service life, ex factory date, name, address and contact Party of the entrusting party And so on. The storage period of factory inspection records shall not be less than 6 months after the expiration of the service life of sterilized tableware and tableware. The sterilized tableware and drinking utensils shall be marked with the name, address, contact information, disinfection date, batch number and service life on the independent package.

Article 28 the canteens of schools, nurseries and kindergartens, nursing homes, construction sites and other centralized dining units shall implement the systems of raw material control, cleaning and disinfection of tableware and drinking utensils, and food samples, etc., and carry out food regularly in accordance with the provisions of Article 47 of the food safety law Tang food safety self inspection. Those who contract to operate the canteen of a centralized dining unit shall obtain the food business license according to law and be responsible for the food safety of the canteen. The centralized meal unit shall urge the contractor to implement the food safety management system and assume the management responsibility.

Article 29 food producers and business operators shall prominently mark the deteriorated, expired or recycled food, or store them separately in the place with clear marks, timely take harmless treatment, destruction and other measures, and record truthfully. The term "recycled food" as mentioned in the food safety law refers to the food that has been sold and has been recalled or returned due to violation of laws, regulations, food safety standards or expiration of the shelf life, excluding the food that can continue to be sold in accordance with the provisions of the third paragraph of article 63 of the food safety law.

Article 30 the local people's governments at or above the county level shall, according to their needs, build necessary facilities for the harmless treatment and destruction of food. Food producers and business operators may, in accordance with regulations, use the facilities built by the government for harmless treatment or destruction of food.

Article 31 the promoters of the centralized food trading market and the organizers of food fairs shall report to the food safety supervision and Administration Department of the local people's government at the county level before the opening of the market or the holding of the trade fair.

Article 32 the third party platform provider of online food trading shall properly keep the registration information and trading information of online food operators. Food safety supervision and administration departments of the people's governments at or above the county level carry out food safety supervision and inspection and food safety case investigation If it is really necessary to know the relevant information in the investigation and handling of food safety accidents, the third-party platform provider of online food trading can be required to provide it with the approval of the person in charge, and the third-party platform provider of online food trading shall provide it as required. The food safety supervision and administration departments of the people's governments at or above the county level and their staff have the obligation to keep confidential the information provided by the third-party platform providers of online food trading according to law.

Article 33 The production and marketing of genetically modified food shall be marked conspicuously, and the labeling method shall be formulated by the food safety supervision and Administration Department of the State Council and the agricultural administrative department of the State Council.

Article 34 it is forbidden to use any means, including meetings, lectures and health consultation, to carry out false publicity on food. If the food safety supervision and administration department finds any false propaganda behavior, it shall deal with it in time according to law.

Article 35 If the production process of health food has pretreatment procedures such as extraction and purification of raw materials, the production enterprise shall have the corresponding capacity of raw material pretreatment.

Article 36 the manufacturer of formula food for special medical purposes shall carry out batch by batch inspection of the ex factory products in accordance with the inspection items specified in the national food safety standards. The specific total nutrition formula food in the formula food for special medical purposes shall be sold to consumers through medical institutions or drug retail enterprises. Medical institutions and drug retail enterprises that sell specific full nutrition formula food do not need to obtain food business license, but shall abide by the food safety law and the provisions of these Regulations on food sales.

Article 37 the advertisement of specific full nutrition formula food in the formula food for special medical purpose shall be managed according to the advertisement of prescription drug, while the advertisement of formula food for special medical purpose shall be managed according to the advertisement of non prescription drug.

Article 38 food other than health food shall not be claimed to have health function. The infant formula food added with selective additive substances specified in national food safety standards shall not be named after selective additive substances.

Article 39 the contents of labels and instructions of special foods shall be consistent with those registered or filed. When selling special food, it is necessary to check whether the contents of food labels and instructions are consistent with those registered or filed No sale is allowed. The food safety supervision and administration departments of the people's governments at or above the provincial level shall publish the labels and instructions of the registered or filed special foods on their websites. Special food shall not be mixed with ordinary food or medicine for sale.

Chapter V food inspection

Article 40 sampling inspection of food shall be carried out in accordance with food safety standards, product technical requirements of registered or filed special foods and inspection items and methods determined by relevant state regulations.

Article 41 for foods that may be adulterated with adulterants, the inspection items and methods prescribed in the existing food safety standards and those customized in accordance with Article 111 of the food safety law and Article 63 of these regulations cannot be used In case of inspection, the food safety supervision and administration department under the State Council may formulate supplementary inspection items and inspection methods for sampling inspection of food, investigation and handling of food safety cases and disposal of food safety accidents.

Article 42 Where an application for re inspection is made in accordance with Article 88 of the food safety law, the applicant shall pay the re inspection fee to the re inspection institution in advance. If the re inspection results show that the food is unqualified, the re inspection expenses shall be borne by the re inspection applicant; The re examination results showed that the food If qualified, the re inspection expenses shall be borne by the food safety supervision and administration department that implements the sampling inspection. The re inspection institution shall not refuse to undertake the re inspection task without justifiable reasons.

Article 43 No unit or individual may release the food inspection information issued by a food inspection institution that has not obtained the qualification certification according to law, nor shall it use the above inspection information to grade food and food producers and business operators so as to deceive or mislead consumers.


Chapter VI import and export of food

Article 44 When importing food and food additives, the importer shall apply for inspection to the entry-exit inspection and quarantine organ in accordance with the provisions, truthfully report the relevant information of the products, and attach the conformity certification materials stipulated by laws and administrative regulations.

Article 45 upon arrival at the port, the imported food shall be stored in the place designated or recognized by the entry-exit inspection and quarantine organ; If it is necessary to move, necessary safety protection measures shall be taken in accordance with the requirements of the entry-exit inspection and quarantine organ. Bulk import Food shall be inspected at the port of discharge.

Article 46 the state entry exit inspection and quarantine department may import some food at designated ports according to the needs of risk management.

Article 47 the health administration department under the State Council shall, in accordance with the provisions of Article 93 of the food safety law, examine the relevant national (regional) or international standards submitted by overseas exporters, overseas production enterprises or their entrusted importers, and find that they meet the requirements If the food safety requirements are met, the decision shall be made to apply it temporarily and shall be published; Food without national food safety standards shall not be imported before the provisional applicable standards are published. The food covered by the general standards in the national food safety standards does not belong to the food without national food safety standards stipulated in Article 93 of the food safety law.

Article 48 an importer shall establish an examination and verification system for overseas exporters and overseas production enterprises, focusing on the examination of the formulation and implementation of food safety risk control measures by overseas exporters and overseas production enterprises, and whether the food exported to China conforms to the food The safety law, these regulations and other relevant laws and administrative regulations as well as the requirements of national food safety standards.

Article 49 If the importer recalls the imported food in accordance with the provisions of the third paragraph of Article 94 of the food safety law, the importer shall report the recall and handling of the food to the food safety supervision and Administration Department of the local people's government at the county level and the local entry-exit inspection and quarantine institution presentation.

Article 50 if the state exit entry inspection and quarantine department finds that the registered overseas food production enterprise no longer meets the registration requirements, it shall order it to make rectification within the prescribed time limit and suspend the import of the food it produces during the rectification period; After rectification, it still does not meet the registration requirements If required, the state entry exit inspection and quarantine department shall cancel the registration of the overseas food production enterprise and make an announcement.

Article 51 for the overseas production enterprises that have passed the certification of China's good manufacturing practices, hazard analysis and critical control point system, the certification authority shall carry out follow-up investigation according to law. For enterprises that no longer meet the certification requirements, the certification body shall revoke the certification according to law And make it known to the public.

Article 52 If a food safety incident occurred outside the territory of China may have an impact on China, or serious food safety problems are found in the imported food, food additives and food related products, the state entry-exit inspection and quarantine department shall timely take measures to prevent the occurrence of food safety incidents The following control measures can be taken for relevant food, food additives and food related products:

(1) Return or destruction;

(2) Restrict imports conditionally;

(3) Suspension or prohibition of import.

Article 53 An enterprise producing exported food or food additives shall ensure that the exported food and food additives meet the standards or contract requirements of the importing country (region); If required by the international treaties and agreements concluded or acceded to by China, it shall also It meets the requirements of international treaties and agreements.


Chapter VII handling of food safety accidents

Article 54 food safety accidents shall be managed at different levels according to the national emergency plan for food safety accidents. The food safety supervision and administration departments of the people's governments at or above the county level shall be responsible for the investigation and handling of food safety accidents together with the relevant departments at the same level. The people's government at or above the county level shall, in accordance with the actual situation, timely revise and improve the emergency plan for food safety accidents.

Article 55 the people's governments at or above the county level shall improve the emergency management mechanism for food safety accidents, improve the emergency equipment, do a good job in the reserve of emergency materials and the construction of emergency teams, and strengthen emergency training and drills.

Article 56 in case of a food safety accident, the unit shall immediately take control measures such as sealing up the food, raw materials, tools, equipment and facilities that cause or may lead to the food safety accident.

Article 57 after receiving the food safety accident report, the food safety supervision and Administration Department of the people's government at or above the county level shall, together with the health administration and agricultural administration departments at the same level, conduct investigation and handling in accordance with the provisions of Article 105 of the food safety law. food The food and raw materials, tools, equipment, facilities, etc. sealed up by the accident unit shall be protected by the product safety supervision and administration department. If the food and raw materials, tools, equipment and facilities sealed up by the accident unit need to be sealed up but not sealed up by the accident unit, it shall be directly sealed up or ordered to seal up immediately by the accident unit, and the disease prevention and control institution shall be informed to carry out epidemiological investigation on the factors related to the accident. Disease prevention and control institutions shall submit epidemiological investigation reports to food safety supervision and administration departments and health administrative departments at the same level after the investigation. No unit or individual may refuse or obstruct an institution for Disease Control and prevention from carrying out epidemiological investigation. The relevant departments shall assist the institutions for Disease Control and prevention in carrying out epidemiological investigation.

Article 58 the food safety supervision and Administration Department of the State Council shall, together with the health administration and agricultural administration departments under the State Council, regularly analyze the situation of food safety accidents throughout the country, improve the food safety supervision and management measures, and prevent and reduce the occurrence of accidents.


Chapter VIII Supervision and Administration

Article 59 the food safety supervision and administration departments of the people's governments at or above the municipal level divided into districts may, according to the needs of the supervision and administration, exercise random supervision over the food producers and business operators whose daily supervision and management are under the charge of the food safety supervision and administration departments of the people's governments at lower levels Inspection may also organize the food safety supervision and administration departments of the people's governments at lower levels to supervise and inspect food producers and operators in other places. The food safety supervision and Administration Department of the people's government at or above the municipal level divided into districts may, if it deems it necessary, directly investigate and deal with food safety illegal cases under the jurisdiction of the food safety supervision and Administration Department of the people's government at the lower level, or appoint other food safety supervision and administration departments of the people's government at the lower level to investigate and handle.

Article 60 the State shall establish a system of food safety inspectors, strengthen the construction of professional inspectors based on existing resources, strengthen the assessment and training, and improve the professional level of inspectors.

Article 61 the food safety supervision and administration departments of the people's governments at or above the county level shall implement sealing up and detaining measures in accordance with the provisions of Article 110 of the food safety law, and the time limit for sealing up and detaining shall not exceed 30 days; If the situation is complicated, the measures of sealing up and detaining shall be implemented With the approval of the person in charge of the food safety supervision and Administration Department of the State Administration of food safety, the extension period may be extended for no more than 45 days.

Article 62 in case of illegal operation of online food business operators or illegal business behaviors of online food operators on the third-party platform of online food trading, which cause serious consequences, the food safety supervision and Administration Department of the people's government at or above the county level may impose a negative impact on online food The legal representative or principal responsible person of the third-party platform provider of product trading shall have responsibility interview.

Article 63 the food safety supervision and administration department under the State Council, together with the health administration department under the State Council, shall, in accordance with the information on food borne diseases, food safety risk monitoring and supervision and management information, etc., determine the non food added or likely to be added to the food Use chemical substances and other substances that may harm human health, formulate and publish the list and detection methods.

Article 64 The administrative department of public health of the local people's government at or above the county level shall supervise and inspect the centralized disinfection service units of tableware, tableware and tableware, and timely investigate if they are found not to meet the requirements of laws, regulations, relevant national standards and relevant hygienic standards handle. The results of supervision and inspection shall be made public to the public.

Article 65 the State shall implement the reward system for reporting illegal acts of food safety, and reward the informants for the reports verified to be true. If the informant reports the major illegal and criminal acts of food safety of the enterprise, the reward shall be increased. The relevant departments shall The informant's information shall be kept confidential and the legitimate rights and interests of the informant shall be protected. The reward measures for reporting illegal acts of food safety shall be formulated by the food safety supervision and Administration Department of the State Council in conjunction with the finance and other relevant departments of the State Council. The reward fund for reporting food safety violations shall be included in the budgets of the people's governments at all levels.

Article 66 the food safety supervision and Administration Department of the State Council shall, together with the relevant departments of the State Council, establish a joint incentive mechanism for keeping promises and a joint punishment mechanism for breaking faith, and establish a blacklist system for producers and operators seriously violating the law in combination with the credit files of food producers and operators The food safety credit status shall be connected with access, financing, credit and credit investigation, and shall be released to the public in a timely manner.


Chapter IX Legal Liability

Article 67 under any of the following circumstances, the circumstances shall be serious as stipulated in articles 123 to 126 and 132 of the food safety law and Articles 72 and 73 of these Regulations:

(1) The value of the product involved in the illegal act is more than 20000 yuan or the illegal act lasts for more than 3 months;

(2) Cause food borne diseases and death cases, or cause more than 30 food borne diseases but no deaths;

(3) Deliberately providing false information or concealing the true situation;

(4) Refuse or evade supervision and inspection;

(5) Within one year after the administrative penalty for violating the food safety laws and regulations, another illegal food safety act of the same nature shall be carried out, or the food safety illegal act shall be carried out after the criminal punishment for violating the food safety laws and regulations

(6) Other serious circumstances. When a fine is imposed on a serious illegal act, the penalty shall be severe and strict according to law.

Article 68 Any of the following circumstances shall be punished in accordance with the provisions of paragraph 1 of Article 125 of the food safety law and Article 75 of these Regulations:

(1) To store in food production and processing places the substances in the list established in accordance with the provisions of Article 63 of these regulations;

(2) The labels and instructions of foods other than health food produced and operated claim to have health care functions;

(3) The formula food for infants and young children was named according to the selective additive substances specified in the national food safety standards;

(4) The contents of the labels and instructions of the special food produced and marketed are inconsistent with those registered or filed

Article 69 Any of the following circumstances shall be punished in accordance with the provisions of paragraph 1 of Article 126 of the food safety law and Article 75 of these Regulations:

(1) Failing to record and preserve the information in accordance with the regulations when the food producers or operators entrust them to store or transport food;

(2) The catering service provider failed to check and retain the business license copy and disinfection certificate of the centralized disinfection service unit for tableware and tableware;

(3) The food producers or operators fail to label or store the deteriorated, expired or recycled food in accordance with the provisions, or fail to take harmless treatment and destruction measures for the above-mentioned food in time and record truthfully

(4) Units or individuals other than medical institutions and drug retail enterprises sell specific total nutrition formula foods in formula foods for special medical purposes to consumers;

(5) Mix special food with ordinary food or medicine for sale.

Article 70 except for the circumstances specified in Article 125, paragraph 1 and Article 126 of the food safety law, the production and operation behaviors of food producers and business operators do not conform to the provisions of Article 33, paragraph 1, item 5, item 7 to item 10 of the food safety law Or those who fail to meet the national food safety standards required by the relevant food production and operation process shall be punished in accordance with the provisions of paragraph 1 of Article 126 of the food safety law and Article 75 of these regulations.

Article 71 If the centralized disinfection service unit of tableware and drinking utensils fails to establish and comply with the factory inspection record system according to the provisions, the administrative department of public health of the people's government at or above the county level shall, in accordance with the provisions of paragraph 1 of Article 126 of the food safety law and Article 75 of these regulations Punishment is prescribed.

Article 72 If a non food producer or business operator engaged in food storage business with special requirements on temperature, humidity, etc., the founder of a centralized food trading market or the organizer of a food trade fair fails to file a record or report in accordance with the provisions, the people at or above the county level shall The food safety supervision and Administration Department of the government shall order correction and give warning; Those who refuse to make corrections shall be fined not less than 10000 yuan but not more than 50000 yuan; If the circumstances are serious, it shall be ordered to stop production and business operations and be fined not less than 50000 yuan but not more than 200000 yuan.

Article 73 in case of false publicity of food by means of meetings, lectures, health consultation, etc., the food safety supervision and Administration Department of the people's government at or above the county level shall order it to eliminate the influence, and the illegal income, if any, shall be confiscated; If the circumstances are serious, it shall be governed by Punishment shall be imposed in accordance with the provisions of Article 140 (5) of the food safety law; If a unit violates the law, it shall, in accordance with the provisions of Article 75 of these regulations, punish the legal representative, the principal person in charge, the person in charge directly responsible and other persons directly responsible.

Article 74 If a food producer or business operator produces or markets food that meets the food safety standards but does not meet the food safety indicators specified in the enterprise standards marked by the food, the food safety supervision and Administration Department of the people's government at or above the county level shall give a warning and order it to do so The food operator shall stop operating the food and order the food production enterprise to make corrections; Those who refuse to stop operation or make corrections shall be confiscated of the food that does not meet the food safety indicators stipulated in the enterprise standards. If the value of the goods is less than 10000 yuan, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed. If the value of the goods is more than 10000 yuan, a fine of not less than 5 times but not more than 10 times the value of the goods shall be imposed.

Article 75 in case of any violation of the provisions of the food safety law by food production and marketing enterprises and other units, in addition to being punished in accordance with the provisions of the food safety law, in case of any of the following circumstances, the legal representative, the principal person in charge and the person in charge of the unit shall be liable The personnel and other persons directly responsible shall be fined not less than one time but not more than ten times the income they have obtained from the unit in the previous year:

(1) Intentional illegal act;

(2) The nature of the illegal act is bad;

(3) The illegal act has serious consequences. The provisions of the preceding paragraph shall not apply to the circumstances specified in the second paragraph of Article 125 of the food safety law.

Article 76 in accordance with the provisions of the first and second paragraphs of Article 63 of the food safety law, food producers and business operators shall stop production or marketing, implement food recall, or take other effective measures to reduce or eliminate food safety risks, without causing harmful consequences If so, a lighter or mitigated punishment may be imposed.

Article 77 the food safety supervision and administration departments of the local people's governments at or above the county level shall promptly transfer the case and relevant materials to the same level in case of violation of the law stipulated in article 123 of the food safety law and the circumstances are serious and may require administrative detention police. If the public security organ thinks that supplementary materials are needed, the food safety supervision and administration departments shall provide them in time. If the public security organ, upon examination, considers that the conditions for administrative detention are not met, the public security organ shall promptly return the case and relevant materials to the food safety supervision and administration department to which they were transferred.

Article 78 If the public security organ finds no criminal facts or considers it unnecessary to investigate the criminal responsibility for any illegal food safety act found after investigation, but it should be detained according to law, it shall make a decision on the punishment of administrative detention in a timely manner; If administrative detention is not necessary but other administrative responsibilities should be investigated according to law, the case and relevant materials shall be transferred to the food safety supervision and management department at the same level in a timely manner.

Article 79 If the re inspection institution refuses to undertake the re inspection task without justifiable reasons, it shall be given a warning by the food safety supervision and Administration Department of the people's government at or above the county level. If the re inspection institution refuses to undertake the re inspection task twice within one year without justifiable reasons, the relevant department of the State Council shall cancel the re inspection The qualification of inspection institutions shall be announced to the public.

Article 80 the people's government at or above the county level shall issue food inspection information issued by a food inspection institution that has not obtained the qualification certification according to law, or uses the above inspection information to grade food or food producers or business operators, thus deceiving or misleading consumers The food safety supervision and administration department shall order it to make corrections. If there are any illegal gains, the illegal gains shall be confiscated and a fine of not less than 100000 yuan but not more than 500000 yuan shall be imposed; Those who refuse to make corrections shall be fined not less than 500000 yuan but not more than 1 million yuan; If the act constitutes a violation of the administration of public security, the public security organ shall impose a penalty on the public security administration according to law.

Article 81 Where a food safety supervision and administration department imposes a fine of more than 300000 yuan on an illegal unit or individual in accordance with the food safety law and these regulations, the decision shall be made by the food safety supervision and Administration Department of the people's government at or above the municipal level divided into districts. Specific penalty authority of fine It shall be prescribed by the food safety supervision and Administration Department of the State Council.

Article 82 those who obstruct the staff members of food safety supervision and administration departments from performing their duties according to law, which constitutes a violation of public security administration, shall be punished by the public security organ according to law.

Article 83 Where the food safety supervision and Administration Department of the people's government at or above the county level discovers that any unit or individual, in violation of the provisions of paragraph 1 of Article 120 of the food safety law, fabricates or spreads false food safety information and is suspected of violating the administration of public security, The relevant information shall be reported to the public security organs at the same level.

Article 84 If the food safety supervision and Administration Department of the people's government at or above the county level and its staff illegally provide information provided by the third-party platform provider for online food trading to others, they shall be punished in accordance with Article 145 of the food safety law.

Article 85 those who violate the provisions of these regulations and constitute a crime shall be investigated for criminal responsibility according to law.


Chapter X supplementary provisions

Article 86 these Regulations shall come into force as of December 1, 2019.

(source: China government website)


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