Measures of Shanghai Municipality for Rewarding the Reports on Food Safety Violations

Chapter I  General Principles

Article 1 (Purpose and Basis)

With a view to encouraging the public to actively report food safety violations and crimes, promptly identifying, controlling, and eliminating food safety risks, and rigorously cracking down on food safety violations and crimes, these Measures are formulated in accordance with the provisions of the Food Safety Law of the People's Republic of China, the Agricultural Product Quality Safety Law of the People's Republic of China, the Regulations on the Implementation of the Food Safety Law of the People's Republic of China, the Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening Reforms and Strengthening Food Safety Work, and the Regulations of Shanghai Municipality on Food Safety, and others.

Article 2 (Scope of Application)

These Measures shall apply to the act of granting monetary rewards by food safety regulatory authorities at all levels within this Municipality within their respective scope of jurisdictions to the informants of food safety violations or related leads, based on their willingness and following the verification and case investigation.

The term "food safety regulatory authorities at all levels within this Municipality" refers to departments including market regulation, public security, agriculture and rural affairs, landscaping and city appearance, food and strategic reserves, and other relevant departments at various levels within this Municipality.

Article 3 (Working Responsibilities)

The Municipal Administration for Market Regulation shall be fully responsible for the daily management of the municipal-level special reward fund for food safety reports.

Food safety regulatory authorities at all levels shall be the implementation agencies for food safety reporting rewards within this Municipality, and responsible for the verification and implementation of rewards for food safety reports within their respective systems.

Article 4 (Funding Sources)

The rewards for reporting shall be guaranteed by the municipal-level special reward fund for food safety reporting. The reward fund shall be separately accounted for, used exclusively for its designated purpose, and shall be subject to supervision by auditing, supervisory, and other relevant departments.

Food safety regulatory authorities at all levels may, based on actual circumstances, establish their own departmental special reward funds for food safety reporting and independently formulate measures for the use of such special reward funds.

Article 5 (Definition of Food Safety Reporting)

The term "food safety reporting" mentioned in these Measures refers to the act in which a natural person, legal person, or unincorporated organization reports food safety violations or related leads falling within the responsibilities of the food safety regulatory authorities in this Municipality to such authorities at various levels, through channels such as the internet, telephone, correspondence, fax, or service windows made public by the food safety regulatory authorities in this Municipality for receiving complaints and reports. It also includes reports submitted to other relevant departments, which subsequently transfer or refer such matters to the competent food safety regulatory authorities.

Article 6 (Classification of Food Safety Reports)

The food safety reports referred to in these Measures are classified into three types: real-name reporting, pseudonymous reporting, and anonymous reporting.

Real-name reporting refers to reports where the informants provide their real name or entity name along with genuine and effective contact information to report food safety violations or related leads.

Pseudonymous reporting refers to reports where the informants do not provide their real name or entity name but provide other identifiable codes (such as a truncated ID number, phone number, online contact details, etc.) that enable the food safety regulatory authorities to contact them, in order to report food safety violations or related leads.

Anonymous reporting refers to reports where the informants do not provide their signature, real name (or entity name), or any other identifiable information or contact details, making it impossible for the food safety regulatory authorities to contact them, in order to report food safety violations or related leads.

Article 7 (Encouragement of Internal Reporting)

Production and operation entities within this Municipality are encouraged to establish and improve internal reporting and reward mechanisms for food safety risks and hazards, as well as to set up dedicated funds for such reporting rewards. Employees are encouraged to report food safety risks and hazards to their production and operation entities.

Internal personnel of production and operation entities, as well as relevant individuals with knowledge of such matters, are encouraged to report food safety violations committed within their production and operation entities to the food safety regulatory authorities.

The term "internal personnel" as used in these Measures refers to individuals who have entered into a labor contract with the enterprise. The term "relevant individuals with knowledge" refers to employees who have terminated their labor contract with the enterprise within the past year, individuals who have business dealings with the enterprise, and temporarily employed personnel of the enterprise.

Article 8 (Acceptance of Food Safety Reports)

When reports are submitted by informants through channels such as the internet, telephone, correspondence, fax, or service windows, food safety regulatory authorities at all levels shall create records of receipt and acceptance. For case leads transferred from other relevant departments, a complete record of the receipt shall be maintained. For reports that do not fall within the regulatory responsibilities of the department, the department shall, in accordance with laws, rules, and relevant provisions, promptly transfer the matter to the appropriate department and notify the informant accordingly.

Chapter II  Reward Circumstances and Standards

Article 9 (Scope of Rewards)

Reports concerning the following food safety violations or related leads shall be rewarded in accordance with these Measures upon verification and closure of the case:

1. use of prohibited drugs or other substances potentially harmful to human health during the planting, breeding, harvesting, fishing, processing, purchasing, or transportation of edible agricultural products;

2. unauthorized or illegal slaughter of pigs and other livestock and poultry without approved slaughtering;

3. engaging in the production or operation of food or food additives, or the production of food-related products, without obtaining the required permits;

4. production or operation of food processed with non-food raw materials, food containing chemical substances beyond food additives or other substances potentially harmful to human health, or food reprocessed by using recycled food as raw materials;

5. production or operation of staple or supplementary foods specifically intended for infants, young children, or other specific groups that do not comply with food safety standards regarding nutritional content;

6. trading in meat from poultry, livestock, wildlife or aquatic animals that have died from illness, poisoning, or unknown causes, or producing or trading in products made from such meat;

7. trading in meat that has not undergone quarantine as required or has failed quarantine, or producing or trading in meat products that have not been inspected or have failed inspection;

8. production or operation of food explicitly prohibited by the State or this Municipality for the purpose of disease prevention and control of significant food safety risks, among other special needs;

9. production or operation of food with added pharmaceuticals;

10. production or operation of food, food additives, or food-related products containing pathogenic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals, or other hazardous substances exceeding the limits set by food safety standards;

11. using food raw materials or food additives that have exceeded their shelf life to produce food or food additives, or trading in such food or food additives;

12. production or operation of food with food additives used beyond their permitted scope or dosage limits;

13. production or operation of food or food additives that are spoiled, rancid, moldy, insect-infested, contaminated, mixed with foreign matter, adulterated, or exhibit abnormal sensory properties;

14. production or operation of food or food additives with falsified production dates, shelf life, or that have exceeded their shelf life;

15. production or operation of health foods, special medical purpose formula foods, infant formula milk powder, or infant formula liquid milk without the required registration, or such foods produced not in accordance with the registered product formula, production process, or other technical requirements;

16. production of infant formula milk powder or infant formula liquid milk through repackaging, or production of infant formula milk powder or infant formula liquid milk under different brands by the same enterprise using the same formula;

17. use of new food raw materials to produce food or production of new varieties of food additives without passing safety assessments;

18. production or operation of food or food additives contaminated by packaging materials, containers, transportation tools, etc.;

19. production or operation of prepackaged food or food additives without labels;

20. production or operation of genetically modified food not prominently labeled as required;

21. food producers or operators purchasing or using food raw materials or food additives that do not comply with food safety standards;

22. food or food additive producers failing to inspect purchased food raw materials or produced food or food additives as required;

23. collective dining units such as schools, childcare institutions, elderly care facilities, and construction sites failing to fulfill food safety management responsibilities as required;

24. operators of centralized trading markets, lessors of counters, or organizers of exhibitions allowing food operators without legally required permits to sell food in the market, or the managers of wholesale markets for edible agricultural products failing to perform inspection obligations or fulfill related obligations after discovering non-compliance with food safety standards;

25. production, collection, transportation, processing or sale of food waste or waste oils in violation of laws and rules, or use or sale of food waste or waste oils processed as cooking oil;

26. counterfeiting others' registered trademarks in food production or operation, falsifying food origins, falsely using others' factory names or addresses, or forging or fraudulently using food production permits or other product certifications in food production or operation;

27. production of new varieties of food-related products without passing safety assessments, or production of food-related products that do not comply with food safety standards;

28. producers of food-related products failing to inspect produced food-related products as required;

29. production or operation of food made from toxic or hazardous animals or plants;

30. third-party online food trading platform providers failing to conduct real-name registration or review permits for food operators on their platforms, or failing to fulfill obligations such as reporting or ceasing to provide online trading platform services;

31. false advertising of food, misleading consumers, or publishing advertisements for health foods without approval documents or with content inconsistent with approved documents; or

32. other food safety violations with severe social harm or significant impact, where the food safety regulatory authorities determine that reporting warrants a reward.

Article 10 (Conditions for Reward)

Rewards for reporting food safety violations shall simultaneously meet the following conditions:

1. The reported food safety violation occurred within the administrative area of this Municipality;

2. The report is either made under the informant's real name or made anonymously in a manner that allows the food safety regulatory authority to verify the informant's valid identity;

3. The report contains clear and specific details regarding the subject of the report and concrete information or leads regarding the violation；

4. The violation or its leads were not previously known to the food safety regulatory authority;

5. The same report has not received other rewards; and

6. The report has been investigated by the food safety regulatory authority, verified as true, and led to a formal case investigation and handling.

Article 11 (Circumstances Excluded from Reward)

The following individuals and circumstances shall not be eligible for rewards under these Measures:

1. reports made by employees of the municipal food safety regulatory authorities (including civil servants, personnel under the reference civil service management system, clerks, etc.) and their immediate family members, or by other individuals with statutory supervisory or reporting obligations;

2. reports that do not involve food safety issues;

3. reports resulting from the use of inducement, deception, coercion, violence, or other improper means to cause producers or operators to enter into written or oral agreements, thereby leading to violations by such persons, which are subsequently reported;

4. reports where the informant obtains evidence of violations by producers or operators through inducement or illegal means and subsequently reports such evidence; or

5. other circumstances specified by laws, rules, and relevant documents as ineligible for rewards.

Article 12 (Reward Levels)

Rewards for reports shall be classified into three levels based on the reported evidence and the outcome of the investigation into the violations:

1. First-level reward. The report meets the following criteria: It provides the violator's illegal facts, leads, and evidence, with the reported content fully or substantially consistent with the illegal facts. As a result of the report, administrative penalties has been imposed, such as an order to suspend production or business operations, an order to shut down, revocation (or cancellation) of permits, a fine or confiscation of not less than 10,000 yuan imposed on a natural person, a fine or confiscation of not less than 100,000 yuan imposed on a legal person or other organization, or the transfer of the case to judicial authorities for criminal investigation and prosecution.

2. Second-level reward. The report meets the following criteria: It provides the violator's illegal facts, leads, and evidence, with the reported content substantially consistent with the illegal facts. As a result of the report, administrative penalties has been imposed, such as a fine or confiscation of not less than 5,000 yuan but not more than 10,000 yuan imposed on a natural person, or a fine or confiscation of not less than 50,000 yuan but not more than 100,000 yuan imposed on a legal person or other organization.

3. Third-level reward. The report meets the following criteria: It provides the violator's illegal facts, leads, and evidence. Although it does not meet the criteria for the aforementioned reward levels, the reported content is substantially consistent with the illegal facts and the case has been formally investigated and handled.

Article 13 (Reward Standards)

The food safety regulatory authorities shall calculate the reward amount based on the fines and confiscations imposed in the reported case, while comprehensively considering factors such as the value of the goods involved, the reward level, and the extent of social impact. In principle, the reward for each reported case shall not exceed 500,000 yuan. The specific reward standards are as follows:

1. For the first-level reward, a reward of 3% to 5% of the fines and confiscations shall be granted based on the alignment between the reported content and the illegal facts. If the calculated amount is less than 3,000 yuan, a reward of 3,000 yuan shall be granted. If the case is transferred to judicial authorities for criminal investigation and prosecution, the reward shall be calculated by increasing the reward standard specified in Paragraph 1 of this Article by 1%, based on the total fines and confiscation of property confirmed in the court's criminal judgment. If no fines or confiscation of property are imposed in the criminal judgment, the reward for a case without monetary penalties shall be no less than 3,000 yuan.

2. For the second-level reward, a reward of 2% to 3% of the fines and confiscations shall be granted. If the calculated amount is less than 1,000 yuan, a reward of 1,000 yuan shall be granted.

3. For the third-level reward, a reward of 1% to 2% of the fines and confiscations shall be granted. If the calculated amount is less than 200 yuan, a reward of 200 yuan shall be granted. If the case involves no fines or confiscations, the reward shall be no less than 200 yuan.

For the following types of reports, the reward amount calculated under Paragraph 1 of this Article shall be increased by 50%:

1. reports falling under Items 2, 4, 5, 6, 7, 8, 9, 15, or 16 of Article 9 of these Measures;

2. reports on the production and sale of toxic, harmful, counterfeit, or substandard food without obtaining food (or food additive) production permits;

3. reports involving food supply to schools (including childcare institutions) or elderly care institutions; or

4. other reports related to major food safety incidents.

If internal personnel of production and operation entities and individuals with knowledge of such matters report food safety violations within their entities and the case qualifies as a first-level reward under Paragraph 1 of this Article, the reward amount shall be calculated as twice the reward standard specified in Item 1 of Paragraph 1 of this Article.

Article 14 (Reward Principles)

The reward for informants shall follow a case-by-case reward system, with the scope and amount determined in accordance with the following principles:

1. No duplicate rewards shall be granted for the same reported case. If the same violation is reported by different informants with identical content, the first informant shall receive the reward. The reporting sequence shall be determined by the time the report is submitted to the relevant food safety regulatory authority. If evidence provided by other informants plays a direct and significant role in the investigation and handling of the case, an appropriate reward may be granted.

2. If the violations involved in a single report are investigated and handled separately by the relevant food safety regulatory authorities, the reward amounts may be calculated separately but disbursed collectively.

3. If the ultimately determined violation facts partially align with the reported matters, the aligned portion shall be considered a valid report, while the unaligned portion shall be deemed invalid and excluded from the reward calculation.

4. If the ultimately determined violation facts do not align with the reported matters, no reward shall be granted.

5. If the investigating authority identifies additional violation facts beyond the reported matters, the portion of the penalty related to such additional facts shall not be included in the reward calculation.

A case qualifies for rewards under both these Measures and the Implementation Measures of Shanghai Municipality for Rewarding Reports of Major Violations in Market Regulation Field, the method more favorable to the informant shall be applied for the reward.

Article 15 (Other Reward Principles)

If the reported food safety violation is suspected of constituting a crime and has been transferred to judicial authorities for criminal investigation and prosecution in accordance with the law, and no reward has been granted by the judicial authorities, the food safety regulatory authority responsible for the transfer may, at the informant's request, grant a reward in accordance with the provisions of these Measures.

If an informant obtains a reward by falsifying materials or concealing facts, or if the food safety regulatory authority verifies that the informant does not meet the reward criteria, the food safety regulatory authority shall have the right to reclaim the reward funds. If an informant intentionally fabricates facts to falsely accuse others or uses fraudulent means to obtain reward funds, they shall bear corresponding legal responsibilities in accordance with the law; if the act is suspected of constituting a crime, criminal liability shall be pursued in accordance with the law.

Chapter III  Implementation of Report Rewards

Article 16 (Notification of Rights)

The relevant food safety regulatory authorities shall, within 15 working days from the date of serving the administrative penalty decision (or the effective date of a criminal judgment), notify informants who meet the reward criteria in writing, by telephone, or via text message.

For written notification, the "Shanghai Food Safety Reporting Reward Notification Letter" shall be issued. For telephone notification, audio recordings and written records shall be retained. For text message notification, records shall be preserved. The notification date shall be determined as follows: the postmark date on the mailed notification letter, the date of the telephone notification, or the recorded date of the text message sent.

In circumstances specified in Article 28 of these Measures, the relevant food safety regulatory authorities may, within 15 working days from the date of stopping the illegal act, notify informants who meet the reward criteria under these Measures and initiate the reward procedure based on the informant's willingness.

Article 17 (Initiation and Claiming of Rewards)

The informant shall declare their intention to claim the reward within 60 days from the date the food safety regulatory authority notifies them of their eligibility for such a reward.

To claim the reward, the informant shall submit the "Shanghai Food Safety Reporting Reward Registration Form," along with information such as a valid identification document and a bank account number for receiving the reward, to the food safety regulatory authority that notified them of their right to the reward. If the informant authorizes another person to claim the reward on their behalf, they must also provide authorization documentation, the authorized representative's valid identification document, and a bank account number for receiving the reward. For internal reports, relevant supporting materials such as labor employment documentation shall also be provided. Failure to submit the required materials within the specified time period shall be deemed a waiver of the reward claim.

Article 18 (Initiation of Advance Rewards)

Where the reported matter has significant social impact, and after investigation and case filing by the relevant food safety regulatory authorities, there is sufficient evidence to prove that the reporting qualifies for a reward under these Measures, the food safety regulatory authority may, upon conclusion of the case investigation, grant the informant an advance reward of not less than 200 yuan based on specific circumstances such as the value of the goods involved in the case.

Article 19 (Notification of Rights for Advance Rewards)

The relevant food safety regulatory authority shall, within five working days from the date of approving the conclusion of the case investigation, notify the informant who meets the reward criteria in accordance with the provisions of Article 16 of these Measures, and provide the advance reward in accordance with the provisions of Article 17 of these Measures.

Article 20 (Coordination Between Advance Rewards and Subsequent Rewards)

After an administrative penalty decision is rendered in the reported case or a criminal judgment becomes effective, if the case meets the relevant provisions of these Measures, the concerned food safety regulatory authority shall issue a subsequent reward in accordance with the provisions. The total amount of the two rewards shall comply with the provisions of Article 13 of these Measures.

Article 21 (Claiming Rewards for Pseudonymous Reports)

If an informant files a pseudonymous report, he/she shall provide other identifiable information as an identity code (such as a truncated ID number, phone number, online contact details, etc.) and agree with a designated representative of the food safety regulatory authority on a report password, as well as the method for notifying him/her of the investigation outcome and reward rights.

If a pseudonymous informant declares the intention to claim a reward, he/she shall submit the "Shanghai Food Safety Reporting Reward Registration Form" to the food safety regulatory authority that notified him/her of the reward right, and provide information such as the identity code, report password, identity details of the recipient, and a bank account number.

A pseudonymous informant may authorize another person to declare the intention to claim the reward or to receive the reward funds on his/her behalf. If claiming on behalf of the informant, the authorized representative shall provide documentation of authorization, the representative's valid identification, the identity code and report password agreed upon between the pseudonymous informant and the food safety regulatory authority, as well as the identity details of the recipient and a bank account number.

Other matters shall be handled in accordance with the general procedures prescribed in these Measures.

Article 22 (Reward Notification)

Upon approval of the reward, the relevant food safety regulatory authority shall issue either the "Shanghai Food Safety Reporting Reward Notification Letter" or the "Shanghai Food Safety Reporting Non-Reward Notification Letter," affix the official seal of the administrative authority, and notify the informant through written, telephone, or text message means. For written notification, the informant shall be notified at the address and contact information provided by the informant. For telephone notification, an audio recording and written record shall be retained. For text message notification, a record shall be preserved.

Chapter IV  Reward Receiving

Article 23 (Claim Commitment)

Informants who meet the requirements of these Measures, declare their intention to claim a reward from food safety regulatory authorities at any level within this Municipality shall provide a written commitment stating that they have not received other rewards for the same report (including rewards from municipal or district-level special food safety reporting reward funds).

If an informant authorizes another person to declare the intention to claim the reward and to receive it on his/her behalf, the informant shall include in the power of attorney a commitment to assume legal responsibility for the actions and outcomes of the authorized representative in claiming the reward.

Article 24 (Remedial Measures)

If an informant disagrees with a reward decision, he/she may apply for administrative reconsideration in accordance with the law within 60 days or directly file an administrative lawsuit with a people's court within 6 months.

Chapter V  Supervision and Management

Article 25 (File Management)

Food safety regulatory authorities at all levels within this Municipality shall maintain accurate records of reward information and establish reward archives. The archives shall include original records of reports, penalty decisions or criminal judgments, reward notifications, reward registration forms, reward notification letters, and other written and audio materials.

Food safety regulatory authorities may utilize information technology to effectively manage such tasks as reward information records and reward archives management, etc.

Article 26 (Confidentiality Clause)

Food safety regulatory authorities at all levels and their personnel shall maintain strict confidentiality regarding the identity of informants, the content of reports, and the details of rewards. etc.

Article 27 (Liability Investigation)

If the informants, under the pretext of reporting, intentionally fabricate facts to falsely accuse others or use fraudulent means to obtain rewards, they shall bear corresponding legal responsibilities in accordance with the law.

If the reported parties retaliate against the informants, they shall bear corresponding legal responsibilities in accordance with the law.

If food safety regulatory authorities at any level within this Municipality or their personnel commit any of the following acts, the appointing authority or supervisory authority shall, according to their respective jurisdiction, impose administrative sanctions on the directly responsible supervisors and other directly responsible persons; if a crime is constituted, the case shall be transferred to judicial authorities for handling in accordance with the law:

1. forging reporting materials or fraudulently claiming rewards;

2. failing to verify or investigate reported matters; or

3. disclosing the identity of the informant, the content of the report, or assisting the reported party in evading investigation and punishment.

Chapter VI  Supplementary Provisions

Article 28 (Special Circumstances)

If food safety regulatory authorities at any level deem it necessary, they may refer to these Measures to grant rewards for cases where the illegal facts reported are supported by conclusive evidence, the illegal activities have been effectively halted, but a decision has been made not to formally file the case.

Article 29 (Effective Date)

These Measures shall be effective as of October 1, 2025, and remain valid until September 30, 2030.