Regulations of Shanghai Municipality on Food Safety
Regulations of Shanghai Municipality on Food Safety
(Adopted at the 5th Session of the 14th Shanghai Municipal People's Congress on January 20, 2017)
Contents
Chapter I General Provisions
Chapter II Food Safety Risk Monitoring, Assessment and Food Safety Standards
Chapter III Food Production Management
Section 1 General Provisions on Market Access
Section 2 Production Process Control
Section 3 Edible Agricultural Products
Section 4 Internet Food Management
Chapter IX Food Production and Processing of Small Workshops and Food Vendors
Section 1 Food Production and Processing Workshop
Section 2 Food Vendors
Chapter X Food Safety Accident Prevention and Treatment
Chapter XI Supervision and Management
Chapter XII Legal Liability
Chapter XIII Supplementary Provisions
Chapter I General Provisions
Article 1 With a view to ensuring the food safety and safeguarding the public's health and life safety, these Regulations are formulated in accordance with the Food Safety Law of the Peoples Republic of China (hereinafter referred to as the Food Safety Law) and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2 The production operation of food, food additives and food-related products, the food producers' use of food additives and food-related products, the food storage and transportation, and the safety management of food, food additives and food-related products in the administrative area of this Municipality shall abide by these Regulations.
The production, storage, transportation and marketing of edible agricultural products and the operation and use of agricultural inputs in the administrative area of this Municipality shall comply with the relevant provisions of these Regulations.
Article 3 The food safety work in this Municipality shall be based on the principle of prevention, risk management, whole control, territorial supervision, departmental cooperation and social co-governance, and establish and improve scientific and strict supervision and management system.
Article 4 Food producers and operators shall be responsible for the safety of food they produce and operate.
Food producers and operators shall engage in production and business activities in accordance with laws, rules, regulations and food safety standards, establish and improve the food safety management system, take effective measures to prevent and control the risk of food safety, ensure food safety, integrity and self-discipline, take the initiative to disclose relevant information, be responsible to society and the public, accept social supervision, and assume social responsibility.
Article 5 The municipal and district peoples governments shall be responsible for food safety supervision and management in their administrative regions, take the unified leadership, organization and coordination of food safety supervision and management work and make food safety emergency response in their administrative areas, establish and improve the food safety supervision and management mechanism and information sharing mechanism.
The district peoples government shall, in accordance with the relevant provisions of the State and this Municipality, specify food safety management responsibilities of the town/township peoples governments and sub-district offices urge and guide them to do well in the daily food safety to make joint force in grassroots food safety work.
Article 6 The municipal and district peoples governments shall set up the food and drug safety committee, and assume the following duties in food safety:
1. to make study, deployment, overall plan and guidance of food safety work;
2. to draw up and mid- and long-term planning and annual work plan for food safety;
3. to organize the investigation and study on major issues of food safety, and formulate policies and measures for food safety supervision and management;
4. to supervise the implementation of food safety supervision and management responsibilities, organize the supervision and evaluation of food safety supervision and management;
5. to organize the investigation and handling of major food safety accidents;
6. to study, coordinate and determine the responsibility of the relevant departments for supervision and administration; and
7. other duties delegated by the municipal and district peoples governments.
The municipal and district food and drug safety committees shall set up offices in the food and drug supervision and management departments, and the market supervision and management departments at the same level, responsible for the comprehensive coordination, supervision, evaluation, emergency management and other work of food safety, undertaking the routine work in the field of food safety in the corresponding area.
The food safety coordination agencies that the town/township peoples government and sub-district office set up under these Regulations and as required by the Municipal Peoples Government, shall do a good job in the comprehensive coordination, food safety hazards investigation, information report, law enforcement assistance and publicity and education work in the corresponding area.
Article 7 The municipal food and drug supervision and management department shall be responsible for the supervision and management of this Municipality’s production and operation of food and food additives, for the organization and guidance of emergency handling and investigation of food safety incident. It shall, according to the requirements of the municipal food and drug safety committee, first assume the responsibility of supervision in respect of any dispute about the supervision responsibility and unclear matters in handling a food safety contingency.
The municipal quality and technical supervision department shall be responsible for the supervision and management of the quality and safety of the production and processing of food-related products in this Municipality.
The district market supervision and management department and its dispatched agencies shall be responsible for the supervision and administration of the production, and operation of food, food additives and food-related products in the corresponding area.
The agriculture department shall be responsible for the supervision and management of quality safety of this Municipality’s edible agricultural products planting, breeding and before their entering the wholesale and retail markets or production and processing enterprises, for proposal for limited residues and detection methods of pesticides and veterinary drugs in this Municipality’s edible agricultural products, for the supervision and management of quality safety of fresh milk purchase, livestock and poultry slaughter links and harmless disposal of dead livestock and poultry, and for the supervision and management of operation and use of agricultural inputs.
The health department shall be responsible for the organization for this Municipality’s food safety risk monitoring and risk assessment, local food safety standards preparing, and food safety enterprise standards filing; and shall carry out the investigation and handling of food safety accidents in cooperation with the food and drug supervision and management department.
The commerce department shall be responsible for guiding and coordinating the wholesale market planning for edible agricultural products and the supervision and administration of the quality safety of the layout of urban and rural food business outlets, and the field of wine circulation and consumption.
The food department shall be responsible for supervision and management of grain quality and raw grain hygiene ingrain purchase and storage.
Green and city appearance management department shall be responsible for the supervision and management of the collection and disposal of this Municipality’s kitchen waste oil and food waste.
The departments of entry-exit inspection and quarantine, industry and commerce administration, economic information, city management administrative law enforcement, public security, environmental protection, education, housing and construction, SMG television, communication management and other departments shall, within the scope of their respective duties and functions, work together to do well in the related food safety work.
The specific duties and responsibilities of the municipal food and drug administration, the district market supervision and management department and its dispatched offices shall be determined by the municipal and district peoples governments.
Article 8 The municipal and district peoples governments shall exercise the food safety supervision and management responsibility system. The Municipal Peoples Government shall be responsible for the review and assessment of the food safety supervision and administration made by the district peoples government; the municipal and district peoples governments shall be responsible for review and assessment of the food safety supervision and management made by the food and drug or market supervision department and other relevant departments at the corresponding level.
The district peoples government shall be responsible for the review and assessment of the performance of food safety duties made by the town/township peoples governments and sub-district offices.
Article 9 Food-related industry organizations shall strengthen trade self-discipline, establish and improve trade standards and the reward and punishment mechanism in accordance with the articles of association, provide food safety information, technology, training and other services, guide and urge food producers and operators to make production and operation according to law, promote the trade integrity building, publicize and popularize the knowledge of food safety and put forward opinions and suggestions for the government to improve the food safety management system.
The Consumer Protection Committee and other consumer organizations shall, in accordance with the law, make social supervision over any acts in violation of the provisions of these Regulations, doing damage to the legitimate rights and interests of consumers.
Article 10 The municipal and district peoples governments shall increase their investment in scientific research on food safety, encourage relevant departments to carry out research on the application of food safety technology, and support enterprises, scientific research institutes, institutions of higher learning and supervisory departments to study, develop and apply advanced inspection and testing technology and methods, and continuously improve discipline building, scientific research level and regulatory capacity in the field of food safety.
Article 11 The peoples governments at all levels shall organize relevant departments to strengthen food safety publicity and education, and use all kinds of media to popularize food safety knowledge to citizens, and carry out targeted food safety publicity and education in food production sites, wholesale markets for edible agricultural products, standardized vegetable markets, supermarkets, dining places and food business websites.
It is necessary to encourage social organizations, grassroots mass autonomous organizations, food producers and operators, Internet food operators to carry out the popularization of food safety laws, rules, regulations and food safety standards and knowledge to promote a healthy diet and enhance consumer awareness of food safety and self - protection.
Schools at all levels and of all kinds shall incorporate the food safety knowledge into relevant educational programs.
Radio, television, newspapers, websites and other media shall carry out the public welfare publicity on food safety laws, rules, regulations and food safety standards and knowledge, and conduct the public opinion supervision on food safety violations. Publicity on food safety must be true and impartial.
Article 12 The peoples governments at all levels shall give recognition and reward to the units and individuals that have made outstanding contributions in the work of food safety in accordance with the relevant provisions of the State and this Municipality.
Chapter II Food Safety Risk Monitoring, Assessment and Food Safety Standards
Article 13 The municipal health and family planning department shall, in conjunction with the municipal departments of food and drug supervision and management, quality and technical supervision, agriculture, import and export inspection and quarantine, strengthen the food safety risk monitoring and risk assessment capacity building according to the needs of the national and this Municipality’s food safety risk monitoring and risk assessment work, establish and improve the food safety risk monitoring and risk assessment system.
Article 14 The municipal health and family planning department shall, in conjunction with the municipal food and drug administration, quality and technical supervision, agriculture, entry and exit inspection and quarantine, formulate and adjust the food safety risk monitoring program of this Municipality according to the national food safety risk monitoring plan and the actual situation, submit it to the State Council health and family planning department for the record and then carry it out.
The departments and technical institutions that undertake food safety risk monitoring shall carry out the monitoring work in accordance with the food safety risk monitoring plan and program to ensure that the monitoring data are true and accurate, and shall submit the monitoring data and analysis results to the municipal health and family planning department in accordance with the requirements of the food safety risk monitoring plan and program.
The municipal health and family planning department shall collect and summarize the risk monitoring data and analysis results, and inform the other relevant departments. If the food safety risk monitoring results show that there may be any food safety risk, the municipal health and family planning department shall timely notify the municipal food and drug supervision and management department of the relevant information, and report to the Municipal Peoples Government and the State Council health and family planning department.
The municipal food and drug administration and other departments, after receiving the notification, shall arrange for further investigation and submit the results to the Municipal Peoples Government.
Article 15 The municipal health and family planning department shall be responsible for organizing the food safety risk assessment work of this Municipality in accordance with the requirements of the national food safety risk assessment and set up a municipal food safety risk assessment committee consisting of experts in medicine, agriculture, food, nutrition, biology and environment for food safety risk assessment.
The municipal departments of food and drug supervision and management, quality and technical supervision, agriculture, entry and exit inspection and quarantine, if finding the need for food safety risk assessment in the supervision and management work, shall put forward food safety risk assessment recommendations to the municipal health and family planning department and provide risk sources, relevant test data, conclusions and other information and materials.
The municipal health and family planning department, in the event of doing food safety risk assessment, shall promptly organize the assessment work and notify the municipal departments of food and drug supervision and management, quality and technical supervision, agriculture, entry and exit inspection and quarantine, and other relevant departments of the assessment results.
Article 16 The results of food safety risk assessment shall be used as a basis for carrying out food safety supervision and management, formulating and revising local standards for food safety and releasing food safety risk warnings.
With conclusions of the food, food additives, food-related products being not safe drawn from the food safety risk assessment, the municipal departments of food and drug supervision and management, the quality and technical supervision and others shall, according to their respective responsibilities, take appropriate measures to ensure that the production and operation of food, food additives, food-related products is stopped; in need of making and revising the relevant local standards for food safety, the municipal health and family planning department shall, in conjunction with the municipal food and drug supervision and management department and others, make prompt preparation and revision.
Article 17 The municipal departments of food and drug administration, the quality and technical supervision, agriculture, health and family planning, entry and exit inspection and quarantine, and the food safety risk assessment expert committee and its technical institutions shall, in accordance with scientific, objective, timely and open principles, organize food producers and operators, food inspection agencies, certification bodies, relevant industry organizations, consumer protection committees and the news media to communicate in respect of food safety risk assessment information and food safety supervision and management information.
Article 18 For local specialty foodstuffs that have no national standards for food safety, the municipal health and family planning department shall, in conjunction with the municipal food and drug supervision and management department, formulate and publish the local standards for food safety in this Municipality and report to the health and family planning department of the State Council for the record. The municipal quality and technical supervision department shall provide the local standard number.
To establish local standards for food safety, the opinions of food producers and operators, relevant industry organizations, consumers and relevant departments shall be widely heard according to the results of food safety risk assessment and reference to relevant international and national food safety standards. Food safety local standards shall be made available to the public free of charge.
If the food produced by an enterprise does not have the national or local standards for food safety, the enterprise standards shall be formulated as the basis for the production and be published to the public. Food production enterprises shall be encouraged to make enterprise standards stricter than national or local standards for food safety and applicable to the enterprise, and the enterprise standards shall be reported to the health and family planning department for the record. Enterprise standards for food-related products shall be submitted to the municipal quality and technical supervision department or the district market supervision and management department for the record.
Chapter III Food Production and Operation
Section I General Provisions for Market Access
Article 19 In the case of food production and business activities, it is imperative to obtain the license for food production and operation in accordance with the law and display the relevant documents, business license and food safety related information in the prominent place of production and business premises and conduct production and operation according to the scope of permission.
In the case of cleaning, cutting, disinfection and other processing with edible agricultural products as raw materials and production for direct consumption of food, it is imperative to handle the food production license in accordance with the law.
In the case of wholesale and retail of pig products and cattle, sheep and other livestock products, it is imperative to obtain the food business license according to law.
Article 20 Packaging materials in direct contact with foodstuffs and other food-related products with high risk shall be subjected to the production license in accordance with the state provisions on management of production license for relevant industrial products.
Article 21 Operators engaged in the storage and transportation services of food and edible agricultural products shall be filed with the district market supervision and management department according to law.
Article 22 Food and edible agricultural products of quality and safety outside of Shanghai shall be encouraged to be sold in Shanghai.
Edible agricultural products wholesale trading markets, supermarket stores, catering enterprises and other food business enterprises in Shanghai shall be guided to conduct, with food and edible agricultural products producing and operating enterprises that make the sale in Shanghai, food safety information docking and registration of related information on food and edible agricultural products imported into Shanghai.
This Municipality shall establish the mutual notification system of import food safety information supervision departments. Entry and exit inspection and quarantine, food and drug supervision and management and other departments shall urge importers and business enterprises to publish information relating to imported food near the shelf life.
Specific measures of information registration, notification and publication system of food and edible agricultural products imported in Shanghai shall be separately formulated by the Municipal Peoples Government.
Section II Production and Operation Process Control
Article 23 When purchasing food, food additives and food related products, food production operators shall check the relevant license of suppliers and shall not purchase the food, food additives and food-related products for production and operation from the following production operators:
1. the production operator who has not obtained the relevant license according to law or whose relevant license is in excess of the expiry date; or
2. the production operator engaged in production and business activities beyond the permitted categories and business items.
Article 24 The production and operation of the following food, food additives and food-related products are prohibited:
1. the food, food additives and food-related products whose production and operation are prohibited by the Food Safety Law;
2. food with toxic and harmful animals and plants as raw materials;
3. food made from waste edible oil; and
4. food and food additives whose production and operation are explicitly prohibited by the Municipal Peoples Government for the prevention and control of major food safety risks and for other special needs.
It is forbidden to use the food, food additives and food related products specified in the preceding Paragraph as raw materials for the production and operation of food, food additives and food related products.
Article 25 A food-related product manufacturer shall formulate and implement control requirements on the following matters to ensure that the products produced meet the relevant standards:
1. control over raw material such as procurement, acceptance and feeding;
2. control over key production links such as processes, equipment, storage and packaging;
3. control over inspection such as raw material inspection, semi-finished product inspection and finished product inspection; and
4. control over transport and delivery.
Food-related products shall be packaged as required by the laws, rules, regulations and food safety standards, with labels or instructions; the prominent place of packages, labels, instructions shall be marked with food words.
Article 26 Food production operators shall use food additives in strict accordance with food safety standards.
When using food additives, the food production operator shall deposit food additives in special cabinets and other facilities, marked with food additives words, use them in accordance with the species, scope and amounts specified by food safety standards and establish the food additives use record system.
The municipal department of food and drug supervision and management, and the district market supervision and management department shall strengthen guidance and supervision of food production operators in using food additives.
Article 27 High-risk food production and operation enterprises shall establish the inspection and evaluation systems for major raw materials and food suppliers, and conduct regular and random inspection and evaluation of the food safety status of major raw materials and food suppliers and make records. The record retention period shall not be less than two years.
High-risk food production and operation enterprises may conduct on-site inspection of the food safety status of major raw materials and food suppliers on their own, or entrust a third party to do so. If finding any serious food safety problems, they shall immediately stop the procurement, and report to the food and drug supervision and management or the market supervision and management department at the place where the enterprises and main raw materials and food suppliers are located.
The list of high-risk food production and operation enterprises shall be compiled by the municipal food and drug supervision and management department, and shall be implemented and promulgated to the public after being approved by the municipal food and drug safety committee.
Article 28 An enterprise that has obtained the production license for food production shall organize the production according to the requirements of good production standards, implement the hazard analysis and key control point system, and improve the level of food safety management.
Article 29 Food production operators shall establish a management system for foodstuffs and food additives near the shelf life, and shall store, display and sell the food and food additives near the shelf life in a centralized manner and make eye-catching tips.
Food production operators shall be prohibited from returning food additives in excess of expiry date to the relevant production and operation enterprises. Food production operators shall take dyeing, shape destroying and other measures to destroy food and food additives beyond the shelf life, or make harmless treatment, and record the disposal results. The record retention period shall not be less than two years.
Article 30 Food production operators shall register the recalled food, store the food in a marked area separately, and take measures such as harmless treatment and destruction according to law to prevent such food from flowing into the market again.
The recalled food in the preceding Paragraph means the food that meets one of the following circumstances:
1. all kinds of food and semi-finished products during the shelf life recovered by food production operators;
2. all kinds of food and semi-finished products beyond the shelf life recovered by the food production operators;
3. all kinds of food and semi-finished products recovered by wholesalers and retailers to stop the sale for various reasons; or
4. all kinds of food and semi-finished products sealed, seized or confiscated due to the product quality problem.
It is prohibited to use the recalled food as raw materials for the production of various types of food, or use such food for sale or gift by changing the package and other forms. After taking remedial measures and ensuring food safety, food producers may continue to sell or donate food recalled due to the labels, marks or instructions not meeting the food safety standards; when selling or donating such food, the remedial measures shall be expressed to the consumers or recipients.
Article 31 Food production operators shall organize on their own, or entrust social training institutions and trade associations, to carry out training on food safety knowledge for their employees before getting on and during the post to study food safety laws, rules, regulations, standards and food safety knowledge, and establish training files. Participants in the training may enjoy enterprise employee training subsidies according to the provision.
Food production operators shall assess food safety management personnel, key link operators and other relevant employees. Those who fail the assessment shall not get on post.
Related industry associations shall be responsible for the preparation of the industry food production operators training, assessment standards, and provide corresponding guidance and services.
The municipal department of food and drug supervision and management and the district market supervision and management department shall conduct random supervision and inspection on the persons in charge of food production and operation food safety management personnel, key link operators and other relevant employees and shall publish matters about the assessment. No charge shall be made for supervision, random inspection and assessment.
Article 32 A food production operator shall establish and implement a health management system for employees. Persons who are suffering from diseases in the relevant regulations formulated by the administrative department of health under the State Council shall not engage in the work of direct intake food. Food employees engaged in direct intake food work shall conduct annual health check-up and obtain a health certificate before getting on the post.
Food production operators shall strictly enforce the system of food production and operation place health standards, and employees shall keep personal hygiene and dress clean.
Article 33 A food production operator who entrusts the production of food shall entrust an enterprise that has obtained the license for food production and has the corresponding production conditions and capabilities.
The entrusted enterprise shall accept the commissioned production of food within the scope of the product variety that has obtained the production license.
The entrusted enterprise shall indicate its name, address, contact information and food production license number in the label of the food produced with commission.
Article 34 An operator who provides food and storage and transportation services of edible agricultural products shall examine according to law the production operator’s documents such as the permit, business license or identity document, inspection or quarantine certificate of food and edible agricultural products, etc., and shall keep the photocopies, and do a good job of food and edible agricultural products into and out of storehouse records and transport records. The preservation period of relevant documents and records shall not be less than six months after the expiration of the product shelf life; if there is no clear shelf life, the shelf life shall not be less than two years; the preservation period of copies of edible agricultural products and records shall not be less than six months.
Food and edible agricultural products with special temperature and humidity control requirements for storage, transportation and display shall be put under whole-process temperature and humidity monitoring, and do a good job of monitoring records in line with special requirements for temperature and humidity to ensure the safety of food and edible agricultural products. The preservation period of the monitoring records shall not be less than two years.
Article 35 In addition to fulfilling the duties prescribed in laws, rules, and regulations, the wholesale market for edible agricultural products and the standardized vegetable market shall also reasonably delineate functional areas, strengthen the infrastructure construction, be equipped with food safety facilities and equipment, and keep the environmental sanitation and cleanliness within the premises and comply with the following provisions:
1. to set up food safety information signs, be staffed with full-time food safety administrators;
2. to establish the files of food business operators in the market and to check the relevant documents of food business operators in the market;
3. to direct and supervise food business operators in the market to set up food business records;
4. to sign a food safety agreement with the food operator in the market; and
5. to upload the relevant information to this Municipality’s food safety information tracing platform as required.
Article 36 The wholesale and retail trade markets of edible agricultural products, large supermarket stores, central kitchens and collective dining distribution units shall be equipped with inspection equipment and staffed with inspection personnel or entrusted to a qualified food inspection agency, which shall, in accordance with the relevant provisions of the State and this Municipality, conduct sampling inspection of food and edible agricultural products to be sold or purchased therein; and control measures shall be taken immediately for any incompliance with food safety standards, if any, and report shall be made to the local market supervision and management department.
The sampling inspection prescribed in the preceding Paragraph shall be recorded and the record life shall not be less than six months after the expiration of the shelf life of the product; if there is no clear shelf life, the shelf life shall not be less than two years; and the relevant record of edible agricultural products shall be kept for not less than six months.
The standardized vegetable market shall be encouraged to have fast food testing equipment and inspection personnel to provide consumers with inspection services.
Article 37 The following requirements shall be observed for the production and sale of bulk food:
1. to set up special zones or counters;
2. to use dust covers, set up isolation facilities, provide special containers and taking tools, and do regular cleaning and disinfection;
3. different batches of bulk food are not be mixed together;
4. to meet the special requirements for temperature and humidity to ensure food safety;
5. the containers and packages of bulk food are marked with the name of the food, the date or lot number of production, the shelf life and the name, address and contact form of the production operator; and
6. other requirements as prescribed by laws, rules and regulations.
Food business operators shall use packaging materials in line with food safety standards to sell direct intake food.
Article 38 Catering service providers shall meet the following requirements when providing catering services:
1. the place of business in line with health requirements for public places;
2. food safety management personnel arranged to carry out supervision and management work during the business hours;
3 to provide public chopsticks and spoons and other common utensils according to demands of consumers; not to provide consumers with utensils and tableware not meeting food safety standards and requirements; and
4. other requirements as prescribed by laws, rules and regulations.
Food service providers shall be encouraged to use electronic display, transparent glass wall and other forms to open the food processing process, food raw materials and their source information.
Article 39 Those who engage in catering and distribution services shall abide by the following requirements:
1. Meal deliverymen shall obtain a health certificate according to law;
2. Meal delivery boxes（bags) shall be dedicated with regular cleaning and disinfection;
3. Compliance with special requirements for temperature and others to ensure food safety;
4. The use of utensils, tableware, containers and packaging materials in line with food safety standards; and
5. Other requirements as prescribed by laws, rules and regulations.
Article 40 The organizer of food trade fair shall, according to law, examine and record the relevant information such as permits and business varieties of the food business operators in the fair, and clearly define in writing the responsibility for food safety management, and shall, seven days before the holding, report to the district market supervision and management department at the fair holding place for the record. The district market supervision and management department shall guide the food safety of the food trade fair.
The food fair organizer, if finding that any food business operator in the fair has violated the provisions of food safety management, shall promptly stop the violation and report to the district market supervision and management department at the place where the fair is held.
It is forbidden to deal in bulk raw aquatic products and bulk deli in a food trade fair.
Article 41 The organizer and holder of a rural collective dinner party shall, before the holding, report the information such as the holding place and expected attendance to the local town/township peoples government or sub-district office. The dispatched agencies of town/township peoples government, sub-district office and district market supervision and management department shall assign professional persons to conduct on-site guidance.
The rural collective dinner party shall be encouraged to be held at fixed locations that meet food safety conditions. Where a rural collective dinner party is held at a fixed place, the manager of the place shall perform the reporting obligation as prescribed in the preceding Paragraph.
The organizer and holder of a rural collective dinner party shall be responsible for the food safety of the collective dinner party. A food safety agreement shall be encouraged to be signed between the organizer and the holder of a rural collective dinner party, between the holder and chefs and processors, clarifying their respective food safety responsibilities. The model of such agreement shall be prepared by the district market supervision and management department in conjunction with the relevant departments.
The holder of a rural collective dinner party shall purchase, store and process food in accordance with the requirements of food safety, keep food samples and regularly organize chefs and processors to take health check-up and food safety knowledge training.
In the case of food safety accident in a rural collective dinner party, the organizer and holder shall report to the local district market supervision and administration department in time.
Article 42 In the production and business activities of alcohol, edible salt and grain, it is necessary to abide by the requirements of laws, rules, regulations and food safety standards, and it is prohibited to use industrial alcohol, industrial salt, contaminated or moldy raw materials in food production and business activities.
Article 43 The district and town/township peoples governments or sub-district offices shall, in accordance with the principle of facilitating the masses and rational layout, improve the regional commercial planning, strengthen the catering services in residential areas, business districts and industrial zones, and guide small-scale catering service providers to improve operating conditions and raise the management level.
Small-scale food service providers engaged in food business activities, shall legally obtain the food business license, and comply with requirements of food safety laws, rules, regulations and standards.
If, without a food business license, the food business meets food safety and health requirements and does not affect the normal life of the surrounding residents, the small-scale food service provider shall report to the local town/township peoples government or sub-district office for the temporary record. The specific requirements, standards and corresponding withdrawal mechanism for small-scale food service providers to go through temporary filing formalities shall be separately formulated by the Municipal People’s Government.
The town/township peoples government or sub-district office shall notify the departments of local district market supervision and management, environmental protection, housing management, fire safety, administrative law enforcement of urban administration and other departments of the filing information, and the relevant departments shall, in accordance with their respective duties and functions, strengthen daily supervision on small-scale catering service providers.
Article 44 Small workshops of food production and processing and food vendors engaged in food production and business activities shall conform to food safety requirements corresponding to their production and operation scale and condition prescribed in the Food Safety Law and these Regulations, and shall ensure that the food produced and operated is healthy, non-toxic and harmless.
Article 45 This Municipality implements the industrial development-oriented resource utilization of the kitchen waste oil, and promotes the integrated business mode of collection, transportation and disposal of the kitchen waste oil.
The food production operators who produce kitchen waste oil and garbage, and the units engaged in the collection and disposal of such oil and garbage shall collect and dispose of such kitchen waste oil and garbage as required by the relevant laws, rules and regulations of the State and this Municipality.
Section 3 Edible Agricultural Products
Article 46 The municipal and district peoples governments shall formulate plans for the production base of edible agricultural products and strengthen the standardization construction of the production base of edible agricultural products.
Eligible producers of edible agricultural products shall be encouraged and supported to apply for certification of pollution-free agricultural products, green food, and organic food, and for registration of geographical logo of agricultural products.
Article 47 Whoever engages in the production and operation of livestock, poultry and livestock products in this Municipality shall abide by the relevant laws, rules and regulations of the State and this Municipality.
Livestock and poultry and their products from other provinces and cities shall go through the crossing designated by the Municipal Peoples Government and obtain the crossing check and stamp before they can enter this Municipality.
Article 48 The operators of agricultural inputs such as pesticides, veterinary drugs, feedstuffs and feed additives, fertilizers, etc. (hereinafter referred to as agricultural input operators) shall establish a record of operation, and truthfully record the name, quantity and date of purchase of agricultural inputs, and the name, address and contact form of suppliers, and the name, quantity, date of sale of agricultural inputs sold and the purchaser’s name, address, contact form and so on. The record shall be kept for not less than two years.
When selling agricultural inputs, agricultural input operators shall provide purchasers with instructions to inform them of the usage, dosage and use scope of the agricultural inputs.
The producer of edible agricultural products shall establish a record of the use of agricultural inputs according to law, and truthfully record the name, source, usage, dosage and date of using and stopping agricultural inputs, and the record shall be kept for not less than two years.
Article 49 It is forbidden to engage in the following acts in the production and operation of edible agricultural products:
1. to use agricultural inputs prohibited by the State;
2. to use over-range or overdose of agricultural inputs that are restricted by the State;
3. to harvest, slaughter or catch edible agricultural products not reaching the safe interval or drug withdrawal period;
4. to pour water or other substances into livestock and poultry and their products;
5. to add substances that may endanger human health, during the production, sale, storage and transportation of edible agricultural products; and
6. other prohibited acts prescribed by laws, rules and regulations.
Article 50 Meat products on sale shall be accompanied by a quarantine certificate; other edible agricultural products on sale shall be accompanied by a certificate of origin and a certificate of inspection.
The sponsor of a wholesale market of edible agricultural products shall check the identity of the seller in the market, and the certificate of origin and the certificate of inspection or quarantine of the edible agricultural products to be sold in the market.
If a seller cannot provide a certificate of origin and a certificate of inspection of the edible agricultural products, the sponsor of the wholesale trade market of edible agricultural products shall conduct the sampling inspection or rapid inspection. The sale can be done in the market only after passing the sampling inspection or rapid inspection.
Section 4 Internet Food Business
Article 51 The third party platform provider of Internet food trade shall go through the formalities of filing in accordance with the following provisions:
1. A third party platform provider of Internet food trade registered in this Municipality shall, within 30 working days after the approval of the communication administrative department, be filed with the municipal food and drug supervision and management department for the record number;
2. The third party platform provider of Internet food trade registered in other provinces and cities shall, within 30 working days from the date of providing the third party platform service for online food trading in this Municipality, file the address, person-in-charge, contact form and other relevant information of the actual operation agency in this Municipality for the record with the municipal food and drug supervision and management department.
The food production operator who deals through the self-built website shall, within 30 working days after the approval of the communication management department, be filed with the local district market supervision and administration department and obtain the record number. For food business enterprises carrying out a unified distribution mode of operation, the filing procedures may be handled by the headquarters of enterprises in a unified manner.
Article 52 An Internet food business operator shall obtain the food production and operation license according to law and shall, in accordance with the provisions, publicize the business license, food production and operation license, employees’ health certificates, and other information on food safety quantitative classification management on an eye-catching position of the homepage of the self-built trading website or the third party platform of the Internet food trade or on the home page of business activities, The relevant information shall be complete, true and clear and shall be renewed within 10 days in case of any change.
Article 53 A third party platform provider for online food trading shall establish a food safety management system and perform the following management responsibilities:
1. to specify the access standards and food safety responsibility of online food operators;
2. to register the real names of online food operators;
3. to examine the license of the online food operator by way of comparison with the license information of the regulatory authorities and on-site verification;
4. to inspect the food business conduct and information on the platform and publish the inspection results;
5. to post the food safety credit status of the online food business operators;
6. to stop the food safety violations of food operators in time and report to the local district market supervision and management departments; and
7. to carry out sampling inspection on the foodstuffs operated on the platform;
8. other management responsibilities prescribed by laws, rules and regulations.
Internet food trading third-party platform providers, if finding any food business operator engaged in food business without permission, dealing in food prohibited from production and operation or having any food safety accident and other serious violations, shall immediately stop providing online trading platform services for such food operators.
The Internet third party platform provider who provides only information distribution service for online food operators shall perform the management responsibilities prescribed in Paragraph 1 Item 1 to 3 of this Article and examine the food business information on the platform, delete or shield in time any illegal information released by online food operators.
Article 54 The online food operator engaged in distribution of online trading food, online food trade third-party platform provider and logistics distribution enterprise shall comply with requirements of the relevant laws and regulations for the storage and transportation of food, and for tableware, drinking utensils, containers and packaging materials, and shall strengthen the training and management of distribution personnel. Persons engaged in online meal distribution shall also comply with the provisions of Article 39 of these Regulations.
Chapter IV Small Workshop of Food Production and Processing and Food Vendors
Section 1 Small Workshops of Food Production and Processing
Article 55 The people s governments at different levels shall, according to their actual needs, make overall plan and rational layout and construct a centralized food processing place suitable for food production and processing activities conducted by small workshops. Small workshops of food production and processing shall be encouraged to carry out food production and processing activities in the centralized food processing place.
The district market supervision and management department shall strengthen the guidance, supervision and management of food safety of small workshops of food production and processing.
Article 56 This Municipality exercises the variety catalog management on food produced and processed by small workshops of food production and processing. The variety catalog shall be compiled by the municipal food and drug supervision and management department, and, after approval by the municipal food and drug safety committee, put into effect and published to the public.
Article 57 Small workshops of food production and processing shall be subject to the following conditions for food production and processing activities:
1. to have a production and processing place suitable to the variety and quantity of food to be produced and processed, with a clean and tidy environment and a safe required distance from any toxic and harmful place and other sources of pollution;
2. to have equipment or facilities of production, processing, sanitation, sewage and waste treatment corresponding to the variety and quantity of food to be produced and processed;
3. to have rules and regulations to ensure food safety; and
4. to have a reasonable equipment layout and technique process.
Article 58 This Municipality shall exercise the production permitted system for small workshops of food production and processing. The establishment of small workshops of food production and processing shall comply with the conditions prescribed in Article 57 of these Regulations and shall apply to the local district market supervision and administration department for the Production Permit for Small Workshop of Food Production and Processing (hereinafter referred to as the production permit).
The district market supervision and management department shall examine the materials submitted by the applicant according to law, seek opinions from the town/township peoples government or the sub-district office where the small workshop of food production and processing is located, and carry out on-site verification of the production and processing site if necessary; and make a decision to allow production and issue a production permit to the eligible, and then notify the relevant town/township peoples government or sub-district office; as for the non-eligible, a decision to disallow production shall be made along with explanation in writing.
A small workshop of food production and processing without production permit and industrial and commercial registration shall not conduct food production and processing activities. Small workshops of food production and processing shall conduct food production and processing activities within the scope of food varieties allowed to be produced and shall not exceed the allowed scope of production.
The production permit is valid for three years. In need of renewal, an application shall be made to the original issuing department 30 days before the expiration.
Article 59 The production and processing activities of small workshops of food production and processing shall conform to the local standards for food safety and follow the following requirements:
1. Employees have valid health certificate;
2. Food raw materials, food additives and food-related products to be used shall meet the food safety standards;
3. Food to be processed shall be stored separately from direct intake food, raw materials and finished products to prevent cross-contamination, and avoid food contact with toxic and unclean things,
4. To use non-toxic, harmless and clean food packaging materials; and sell non-packaged direct intake food with necessary non-toxic and clean sales tool;
5. Employees shall keep their personal hygiene, and shall wash their hands and wear clean clothes and hats in producing and dealing in food;
6. Food production and business establishments are strictly separated from individual living places, and food utensils, containers and equipment strictly from personal necessities;
7. Water shall meet the national hygiene standard of drinking water;
8. Detergents and disinfectants in use shall be safe and harmless to human, and insecticide, rodenticide, etc. shall be properly kept to prevent contamination of food; and
9. Other requirements as prescribed by laws, rules, regulations and standards.
Article 60 The small workshop of food production and processing shall truthfully record the description, specifications, quantity, production lot number, production date, shelf life, supplier name and contact mode, purchase date and other contents of the food raw materials, food additives and food related products purchased, and retain receipts and vouchers containing the relevant information. The records, receipts and vouchers shall be kept for not less than six months after the expiration of the shelf life; if there is no clear shelf life, the retention period shall be not less than two years.
Small workshops of food production and processing shall also establish food sales records, truthfully recording the description of food, specifications, quantity, date of production, the name of the buyer and contact mode, sales date and so on. The records shall be kept for not less than six months after the expiration of the product shelf life; if there is no clear shelf life, the retention period shall be not less than two years.
Article 61Small workshops of food production and processing shall pack the food produced and processed, and have the package labeled and marked with the following:
1. the description, production date, shelf life, storage conditions of food;
2. the name, address and contact mode of the small workshop of food production and processing;
3. the production permit number;
4. the table of components or ingredients, and the common names of food additives used in the national standards.
When making pre-packing of food produced and processed, the small workshop of food production and processing shall also comply with food safety laws, rules regulations, and standards on pre-packaged food labeling requirements.
Section 2 Food Vendors
Article 62 The district peoples government shall, in accordance with the principle of facilitating the masses and rational layout, determine the corresponding fixed places of business and formulate relevant incentive measures to guide food vendors into the fixed business places such as centralized trading markets and shops.
The district peoples government may, according to needs, delimit temporary zones (spots) and fixed time slot for food vendors to do business and publish them to the public. The district and town/township peoples governments or sub-district offices shall provide the necessary infrastructure and supporting services for the delimited temporary zones (points). The delimited temporary zones (points) and fixed time slot shall not affect the safety, traffic, city appearance environment and lives of the surrounding residents.
Food vendors doing business in the delimited zone (point) and fixed time slot shall register relevant information with the town/township peoples government or sub-district office at the place where business is being done. The town/township peoples government or sub-district office shall issue a temporary business card to the qualified food vendor and send the registration information to local departments of district market supervision and management, the greening and city appearance, and the urban management administrative law enforcement.
Article 63 Food vendors engaged in food business shall meet the following conditions:
1.The straight-line distance between the stalls and public toilets, tanks, septic tanks, sewage tanks, garbage dumps (stations) and other sources of pollution is more than 25 meters;
2. To have facilities or equipment for production, processing, storage, cleaning, disinfection and refrigerating adapted to varieties and quantity of food in deal;
3. It is necessary to have cleaning facilities or equipment with water supply and drainage conditions for cleaning food or tools and containers in the field; and
4. To have facilities to prevent rain, dust, pollution, pest and flies, and have covered or closed containers for waste collection.
Food vendors are prohibited from putting up stalls within 100 meters from the kindergarten, primary and secondary schools to do business.
Article 64 Food vendors dealing in food business shall follow the following requirements:
1. to hold and display a valid health certificate;
2. to hang a temporary food business card and deal in business activity in line with the matters stated in the card;
3. It is forbidden to deal in raw food such as raw aquatic products and other foods that do not meet the requirements of laws, rules, regulations or food safety standards;
4. to use non-toxic, harmless, clean food packaging materials, containers and sales tools;
5. Employees shall keep their personal hygiene, wash their hands, and wear clean work clothes and caps;
6. To prevent contamination of food, water shall meet the national standards of drinking water health standards, and detergents and disinfectants shall be safe and harmless to human; and
7. Other requirements as prescribed by laws, rules and regulations.
Food vendors shall, in the temporary zone (point) and fixed time slot designated by the district peoples government, do business and comply with the relevant provisions of the city appearance environmental sanitation management to ensure that the city appearance environment is clean and tidy.
Article 65 Food vendors shall keep the receipts and vouchers of the purchased food, food additives and food related products and keep them for not less than 30 days.
Article 66 The district market supervision and management department shall strengthen the guidance, supervision and management of food vendors compliance with food safety regulations.
The urban management administrative law enforcement department shall strengthen the supervision and management of food vendors’ compliance with the provisions of the city appearance environmental sanitation management.
The town/township peoples government and sub-district office shall coordinate the relevant departments to supervise and manage food vendors in their area, and investigate and deal with the food vendors' illegal acts.
Chapter V Prevention and Disposal of Food Safety Accidents
Article 67 Food production operators shall make and exercise food safety accident prevention measures in accordance with the laws, rules, regulations, standards or technical specifications of food safety, and promptly eliminate any hidden dangers of food safety and prevent the occurrence of food safety accidents such as food poisoning.
Article 68 food production operators shall be encouraged to take food safety liability insurance. High-risk food production and operation enterprises shall, according to the need to prevent food safety risks, take the initiative to take food safety liability insurance.
Article 69 The organizer of a major public event shall take effective safeguard measures to ensure the food safety during the event. The organizer of a major public event shall be encouraged to hire social professional organizations to provide food safety and security services for the major public event.
The departments of the municipal food and drug supervision and management, district market supervision and management and agriculture shall conduct guidance and supervision according to law.
Article 70 When accepting the inspection of food and food related products commissioned by a food production operator and finding important food safety problems such as the addition of prohibited substances and abnormal indicators, the food inspection agency shall promptly report to the municipal department of food and drug supervision and management or quality technology.
Article 71 The municipal and district peoples governments shall formulate contingency plans for food safety accidents in their respective administrative areas in accordance with the relevant laws and regulations and the contingency plans for food safety accidents of the higher-level peoples governments and in line with the actual situation of their respective administrative areas, and shall report to the higher-level people’s government for the record.
The peoples governments at all levels and their relevant departments shall, in accordance with the requirements of the contingency plan, carry out emergency treatment of food safety accidents.
Article 72 A unit that have incurred a food safety accident shall immediately take control measures such as sealing food and raw materials, tools and equipment that cause or may cause the food safety accident to prevent the accident from expanding.
The accident unit and the unit treating patients shall report to the local district market supervision and management and the health and hygiene department within two hours after the accident or receiving the patients. The district supervision and administration department that has received the report shall report to the district peoples government and the municipal food and drug supervision and management department in accordance with the provisions of the contingency plan.
Article 73 After receiving the report on a food safety accident, the food and drug supervision and administration department and the market supervision and management department shall immediately make investigation and handling along with the departments of health and family planning, quality and technical supervision and agriculture, and take measures according to law to prevent or mitigate harm to society.
After receiving the notice, the disease prevention and control institution shall take measures such as hygienic treatment on the scene of food safety accident and carry out epidemiological investigation, and the departments of food and drug supervision and management, market supervision and management, health and family planning and public security shall give assistance according to law. The disease prevention and control institution shall submit an epidemiological investigation report to the departments of food and drug supervision and administration, market supervision and management and health and family planning.
Article 74 In respect of any food the inspection shows not meet the food safety standards and requirements, possibly causing great harm to human health, the departments of food and drug supervision and management, quality and technical supervision, agriculture and commerce shall make treatment in accordance with relevant laws, regulations and rules. If necessary, upon determination by the Municipal Peoples Government, the corresponding control measures may be taken on similar food produced by relevant enterprises and regions.
Chapter VI Supervision and Management
Article 75 The municipal and district peoples governments shall, in accordance with the relevant provisions of the State, organize the departments of food and drug supervision and administration, market supervision and management, quality and technical supervision, agriculture at the same level to formulate the annual supervision and management plan for food safety in their respective administrative areas, specify the key point of supervision and management, publish the plan to the public and organize the implementation.
The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture shall, according to food safety risk monitoring and risk assessment results, the food safety status, the annual plan for food safety supervision and management, determine the focus, mode and frequency of supervision and management, and exercise the risk classification management; as for food with large consumption and higher risk and staple and non-staple food specifically for infants and children and other particular groups, key sampling inspection shall be done.
Article 76 The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture shall strengthen the building of law enforcement teams, take various measures to strengthen on-site inspections, conduct daily supervision and management of food production and management activities in the respective administrative area according to law, carry out the key supervision and management of food production and business activities with high risk of food safety accidents, and timely find and handle any violations of food safety laws, rules and regulations.
Food production operators shall cooperate with the relevant departments to carry out supervision and inspection, truthfully provide the relevant contracts, receipts, account books, electronic data and other relevant information.
The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture shall truthfully record matters about the supervision and inspection, and publish to the public the supervision and inspection results.
Article 77 The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture may use large-scale data processing and other modern scientific and technological means to carry out supervision and management of food production and business activities; audio-visual materials and electronic data collected according to law may be used as evidence of food safety violations.
Article 78 If finding any potential safety hazard of food related products in the supervision and management work, possibly affecting the food safety, the departments of food and drug supervision and management, market supervision and management, and quality and technical supervision shall timely inform each other of the relevant information and make disposition according to law to fulfill their respective duties.
Article 79 The departments of food and drug supervision and administration and of the market supervision and management shall establish the food safety and credit archives of food production operators and Internet food trade third party platform providers, record the permission and filing, the results of daily supervision and inspection, and the investigation and handling of illegal acts. Such records shall be published according to law to the public and updated in real time.
The departments of food and drug supervision and management and of the market supervision and management shall, in accordance with the food safety credit records of food production operators and Internet food trade third-party platform providers and the implementation of good production practices, hazard analysis and key control point system of food production enterprises, make the food safety credit rating, and take it as a basis for the implementation of classified supervision and management.
For food production operators and Internet food trade third-party platform providers with bad credit records or low credit rating, the frequency of supervision and inspection shall be increased; for food production operators and Internet food trade third-party platform providers with serious illegal acts, their relevant information shall be brought into the relevant credit information platform, and the relevant departments shall, in accordance with the provisions, take the corresponding disciplinary measures in aspects of daily supervision, administrative licensing, and enjoyment of policy support and government procurement.
The food safety credit management of online third party platform providers who provide information release services only for online food operators shall take reference to the relevant regulations on the management of Internet food trade third party platform providers.
Article 80 This Municipality shall establish a food safety quantification graded management system for catering services and the results of the assessment shall be published to the public and displayed by the catering service provider at a prominent place in the business premises. The specific measures for assessment shall be formulated by the municipal food and drug supervision and management department.
Article 81 This Municipality shall establish a retrospective system for food safety information. According to the food safety risk state, the information retrospection management shall be carried out on food and edible agricultural products under the key supervision and management. The specific measures shall be formulated separately by the Municipal Peoples Government.
The municipal department of food and drug administration shall, on the basis of integrating the retrospection system of information on food and edible agricultural products, establish this Municipality’s unified food safety information retrospection platform.
The relevant production operators of food and edible agricultural products shall, in accordance with the relevant provisions, submit relevant information to the unified food safety information retrospection platform.
Article 82 A production enterprise that has obtained the production license for food, food additives and food-related products, a small workshop of food production and processing that has obtained the production permit a business enterprise that has obtained the food business license shall report to the local district market supervision and management department before restoring production and operation that has stopped for over one year in a row during the valid period of the relevant permit.
After receiving the report, the district market supervision and management department shall check the production and operation conditions of the relevant production and operation enterprise or small workshop of food production and processing, and shall order the one not meeting the production and operation requirements to take corrective measures. Only the one meeting the production and operation requirements after rectification may resume production and operation.
Article 83 The departments of food and drug supervision and management, quality and technical supervision, market supervision and management shall, in accordance with their respective duties, investigate and deal with production and operation activities of food, food additives and food related products without the relevant license documents or without temporary filing or information registration according to law (hereinafter referred to as unlicensed production and operation activity). The town/township peoples government and sub-district office shall coordinate the relevant departments to do a good job of investigation and punishment on the unlicensed production and operation activity in the area.
Any unit and individual that are engaged in unlicensed production and operation activities and that knowingly provide production and business premises or other conditions for any one engaged in unlicensed production and operation shall have their relevant information brought into the this Municipality’s public credit information platform, in addition to being handled according to law, and be given the corresponding disciplinary measures by the relevant departments in accordance with the provisions.
Article 84 This Municipality shall incorporate the food safety incidents such as unlicensed production and operation activity, food vendor’s illegal business, catering fume pollution, illegal disposition of kitchen waste oil into the urban grid management.
The urban grid management agencies under the district and town/township peoples governments and sub-district offices, if finding a food safety incident in the inspection tour, shall send dispatch, urge verification, command and coordinate the relevant department or agency to make timely disposition.
The departments of district market supervision and management, urban management administrative law enforcement and environmental protection and their agencies shall accept the dispatch of the urban grid management agency, send timely feedback of handling and accept supervision and verification.
Article 85 The departments of food and drug supervision and administration, and market supervision and management shall strengthen the supervision and management of food safety in the surroundings of kindergartens and primary and secondary schools, and investigate and punish according to law any food production and operation activities that affect the health and life safety of children and primary and secondary school students.
Article 86 This Municipality shall establish a unified report telephone for food safety and publish it to the public. Any organization or individual finding any illegal act in food production and operation may complain and report to the unified report telephone and also to the departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture.
The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture, receiving a consultation, complaint or report that belongs in the duties of the department，shall accept it and make a timely answer, verification and disposition within the statutory time limit; as for what does not belong in the duties of the department, it is necessary to refer it to the department with the power within two working days, and notify the person who made the consultation, complaint or report. The department that has the handling power shall make timely disposition within the statutory time limit and shall not prevaricate; if it belongs in a food safety accident, the disposition shall be made according to law.
The relevant departments shall keep the secret of the crime-reporter’s information and protect the legitimate rights and interests of the crime-reporter; and rewards shall be given according to the relevant provisions to the crime-reporter whose report is verified and provides clues and evidence for the investigation and prosecution of food safety law cases.
Article 87 This Municipality shall establish a unified publication system for food safety information and publish the following food safety information through a unified information platform:
1. the overall situation of food safety in this Municipality;
2. this Municipality’s food safety risk assessment information and food safety risk warning information;
3. this Municipality’s major food safety accidents and their handling information; and
4. other important food safety information determined by the Municipal Peoples Government to be published in a unified manner.
The departments of food and drug supervision and management, quality and technical supervision, agriculture, health and family planning, entry and exit inspection and quarantine shall strengthen the information sharing between supervisory departments, and, upon being informed of food safety information to be published as prescribed in the preceding Paragraph, shall promptly report to the municipal food and drug safety committee; and the latter shall promptly determine the food safety information that needs to be published, and the office of the municipal food and drug safety committee shall make publication in a unified manner.
The departments of food and drug supervision and management, market supervision and management, quality and technical supervision, agriculture, entry and exit inspection and quarantine shall, according to their respective responsibilities, establish and improve the food safety information system, publish daily supervision and management of food safety, administrative punishment for food safety violations and other information.
Article 88 For suspected food safety violations, the departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture shall promptly refer the case to the public security organ at the same level in accordance with the relevant provisions, and the public security organ shall timely review the referred case; if the criminal fact needs to be held criminally responsible, the case shall be placed on file for investigation.
The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture, and other related food inspection agencies shall, in accordance with the provisions, cooperate with the public security organ, the peoples procuratorate and the peoples court to do the handling, inspection, assessment and identification of the food involved in the case.
Chapter VII Legal Liability
Article 89 Where laws and administrative regulations have punishment provisions for violations of these Regulations, such provisions shall apply, and if a crime is constituted, the party concerned shall be investigated for criminal responsibility according to law
Article 90 Whoever violates the provisions of Article 21 of these Regulations, conducting storage or transportation of food and edible agricultural products without going through filing formalities as required shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning; refusal to make correction a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
For violations of the provisions of Article 34 of these regulations, with one of the following circumstances, the municipal food and drug supervision and management department or district market supervision and administration department shall order to make correction and give a warning; for refusal to make correction, an order shall be made to stop production and business, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the license or production permit shall be revoked:
1. The operator who provides the storage and transportation services for food and edible agricultural products fails to check and keep a copy of relevant documents according to law, or fails to make records in and out of warehouse in accordance with the regulations,
2. Failing to make whole-process temperature and humidity monitoring of food and edible agricultural products that have special control requirements of special temperature and humidity for storage, transportation and display.
Article 91 In violation of the provisions of Article 23 of these Regulations, a food production operator who purchases food and food additives for the production and operation from the following producers and operators shall have the illegally purchased food and food additives confiscated by the municipal food and drug supervision and management department or the district market supervision and management department and shall be liable to a fine of not less than 5,000 yuan but not more than 50,000 yuan; with serious circumstances, the production and business shall be ordered to stop and to the extent of the revocation of license or production permit:
1. production operators without the relevant license or the relevant license in excess of the validity period; or
2. production operators engaged in production and business activities beyond the permitted categories and business items.
Article 92 Whoever, in violation of the provisions of Paragraph 1 of Article 24 of these Regulations, produces and operates the following food and food additives, shall have the illegal gains and illegally produced and operated food and food additives confiscated by the municipal food and drug supervision and management department or the district market supervision and management department and may have the tools, equipment, raw materials and other items for illegal production and operation confiscated; and shall be liable to a fine of not less than 100,000 yuan but not more than 150,000 yuan for illegal production and operation of food and food additive in value of less than 10,000 yuan; as for value of goods of more than 10,000 yuan, the fine shall be somewhere between 15 and 30 times the value of goods; if the circumstances are serious, the license or production permit shall be revoked;
1. foods with toxic and harmful animals and plants as raw materials;
2. foods made from waste oil; or
3. food and food additives the production and operation of which are explicitly prohibited by the Municipal Peoples Government for the prevention and control of major food safety risks and for other special needs.
A small-scale catering service provider who, in violation of the provisions of the first Paragraph of Article 24 of these Regulations, produces and operates food prohibited from production and operation shall have the illegal income and illegally produced and operated food confiscated by the municipal food and drug supervision and management department or the district market supervision and management department and may have the tools, equipment, raw materials and other items for illegal production and operation confiscated; for illegal production and operation of food in value of less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed; for value of goods of more than 10,000 yuan, the fine shall be somewhere between five to ten times the value of goods; if the circumstances are serious, the license shall be revoked or notice sent to the town/township peoples government or the street office to write off the temporary record.
Whoever knows the illegal acts prescribed in the preceding paragraphs and still provides a place of production and operation or other conditions shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to stop the illegal act and shall have the illegal gains confiscated, and shall be liable to a fine of not less than 100,000 yuan but not more than 200,000 yuan.
For violation of the provisions of Paragraph 2 of Article 24 of these Regulations, using prohibited food, food additives and food-related products as raw materials for production and operation of food, food additives and food-related products, the municipal food and drug supervision and management department and the quality and technical supervision department or the district market supervision and management department shall, in accordance with their respective responsibilities, confiscate the illegal income and illegally produced and operated food, food additives and food-related products, and may confiscate the tools, equipment, raw materials and other items for illegal production and operation; a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed for illegal production and operation of food, food additives and food-related products of less than 10,000 yuan in value. For value of the goods of more than 10,000 yuan, a fine of somewhere between five to ten times the value of the goods shall be imposed; if the circumstances are serious, the production and business shall be ordered to stop to the extent of revocation of the license or production permit.
Article 93 A food production operator who, in violation of the provisions of the first Paragraph of Article 29 of these Regulations, fails to establish and implement the management system for food and food additives near to the shelf life shall be ordered to make correction and be given a warning by the municipal food and drug supervision and management department or the district market supervision and administration department; for refusal to make correction, a fine of not less than 5000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, it shall be ordered to stop operation and business to the extent of revocation of the license or production permit.
A food production operator who has one of the following circumstances in violation of the provisions of Paragraph 2 of Article 29 and Article 30 of these Regulations shall have the illegal gains and illegally produced and operated food and food additives confiscated and may have the tools, equipment, raw materials and other items for illegal production and operation confiscated by the municipal food and drug supervision and management department or the district market supervision and administration department; a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed for illegal production and operation of food and food additives of less than 10,000 yuan in value; for value of goods of more than 10,000 yuan, a fine of somewhat between 10 to 20 times the value of goods shall be imposed; if the circumstances are serious, it shall be ordered to stop operation and business to the extent of revocation of the license or production permit.
1. returning food and food additives exceeding the shelf life to the relevant food production and operation enterprises;
2. failing to take any measures such as dyeing and destruction to destroy or carry out harmless treatment of the food or food additives exceeding the shelf life; or
3. in addition to the circumstances specified in Paragraph 3 of Article 30 of these Regulations, selling or donating the recalled food in any other way through the replacement of the packaging.
A small-scale catering service provider who violates the provisions on the management of food and food additives beyond the shelf life and on the recycling of food set out in Paragraph 2 of Article 29 and Article 30 of these Regulations shall have the illegal gains and illegally produced and operated food and food additives confiscated and may have the tools, equipment, raw materials and other things for illegal production and operation confiscated by the municipal food and drug supervision and management department or the district market supervision and administration department; a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed for illegal production and operation of food and food additives of less than 10,000 yuan in value, and for value of goods of more than 10,000 yuan, a fine of somewhat between 5 to 10 times the value of goods shall be imposed; if the circumstances are serious, the license shall be revoked or notice sent to the town/township peoples government or sub-district office to write off the temporary filing.
Article 94 Whoever violates the provisions of Article 27, Article 31, Article 32, Article 36 and Article 38 of these Regulations having any of the following circumstances shall be ordered by the municipal supervision and administration department or the district market supervision and administration departments to make correction and be given a warning; for refusal to make correction, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed. If the circumstances are serious, an order shall be made for cease of production and business to the extent of revocation of the license or production permit:
1. A high risk food production and operation enterprise fails to establish and implement the inspection and evaluation system for the major raw materials and food suppliers;
2. A food production operator fails to train and assess the key-link personnel and other relevant employees in accordance with the prescriptions;
3. The person in charge of food production operators, the food safety administrator, the key link operator and other relevant employees fail the supervision and spot checks;
4. The food production operator arranges for persons who have not obtained a health certificate or are suffering from diseases in the Regulations formulated by the administrative department of health under the State Council to do work of direct intake food;
5. The food production operator fails to implement the hygienic standard system of food production and operation places in accordance with the provisions, and the employees fail to keep their garments clean;
6. A large supermarket, central kitchen or collective meal distribution unit fails to make the sample inspection and related records in accordance with the provisions; or
7. A catering service provider provides consumers with tableware and drinking utensils that do not meet the relevant food safety standards and requirements.
Article 95 A food production operator who, in violation of the provisions of Paragraph 1 of Article 33 of these Regulations, commissions an enterprise that fails to meet the requirements to produce food shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction within a prescribed time limit and shall have the illegal gains and illegally produced food confiscated; for illegal production of food in value of less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; for the food value of more than 10,000 yuan, a fine of somewhat between five to ten times the value of food shall be imposed. If the circumstances are serious, it shall be ordered to stop production and business to the extent of revocation of the license.
A commissioned enterprise that, in violation of the provisions of Paragraph 3 of Article 33 of these Regulations, fails to have relevant information market on the label of food commissioned to produce shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning. For refusal to make correction, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed.
Article 96 A wholesale market for edible agricultural products or a standardized vegetable market that violates the provisions of Article 35 of these Regulations failing to implement the relevant provisions shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning; for refusal to make correction, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if serious consequences are caused, it shall be ordered to stop production and business to the extent of revocation of the license.
Article 97 Whoever, in violation of the provisions of Item 1 of Article 39 of these Regulations, arranges for food and beverage delivery service done by deliverers who fail to obtain health certificates according to law shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning; for refusal to make correction, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
In violation of the provisions of Item 2, 3 and 4 of Article 39 of these Regulations, the meal distribution service has any of the following circumstances, the municipal food and drug supervision and managment department or the district market supervision and management department shall order correction and give a warning; for refusal to make correction, production and business shall be ordered to stop, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the license shall be revoked:
1. The meal delivery box (package) is not dedicated, or not regularly cleaned and disinfected;
2. Failing to meet the special requirements for the temperature of ensuring food safety; or
3. Failing to use tableware, drinking utensils, containers and packaging materials in line with food safety standards
In violation of the provisions of Article 54 of these Regulations, an Internet food operator engaged in online trade food distribution, an Internet food trade third party platform provider or logistics distribution enterprise that fails to comply with the provisions of Article 39 of these Regulations shall be punished by the municipal food and drug supervision and management department or the district market supervision and managment departments in accordance with the provisions of the previous two paragraphs.
Article 98 In violation of the provisions of Paragraph 1 of Article 40 of these Regulations, a holder of food fair that fails to be filed in accordance with the relevant provisions shall be ordered by the district market supervision and management department to make correction and be given a warning; for refusal to make correction, a fine of not less than 5000 yuan but not more than 50,000 yuan shall be imposed.
For violation of the provisions of Paragraph 3 of Article 40 of these Regulations, operating bulk raw aquatic products or bulk cooked deli in the food trade fair, the district market supervision and management department tshall impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.
Article 99 In violation of the provisions of Paragraphs 2 and 3 of Article 43 of these Regulations, a small catering service provider who conducts food business activities without obtaining a food business license according to law or without temporary filing shall have illegal income, illegally operated food and tools, equipment, raw materials and other things for illegal business confiscated by the municipal food and drug management department or the district market supervision and management department; for illegal operation of food in value of less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed; for the value of food of more than 10,000 yuan, a fine of somewhat between five to ten times the value of food shall be imposed.
For provision of production and business premises or other conditions though knowing the act in violation of the provisions in the previous paragraph, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop the illegal act, confiscate the illegal gains and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.
Apart from provisions set out in the preceding Paragraph and Paragraph 2 of Article 92, Paragraph 3 of Article 93 and Paragraph 2 of Article 106 of these Regulations, a small catering service provider engaged in food business activities in inconformity to the Food Safety Law, rules, regulations and standards shall be ordered by the municipal food and drug supervision and management departments or the district market supervision and management department to make correction and be given a warning; for refusal to make correction, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, production and business shall be ordered to stop to the extent of revocation of the license or notice sent to the local town/township peoples government and sub-district office to cancel the temporary filing.
A small catering service provider in violation of environmental protection, housing management, fire safety, city appearance and environmental health management and other laws, regulations, rules and regulations shall be handled by the relevant departments according to law, and have the information sent to the local town/township peoples government and sub-district office to have the temporary filing cancelled.
Article 100 In violation of the provisions of Paragraph 1 of Article 48 of these Regulations, an operator of agricultural inputs who fails to establish an operating record as required shall be ordered by the agricultural department to make correction and be given a warning; for refusal to make correction, a fine of not less than 5000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, production and business shall be ordered to stop to the extent of revocation of the license.
Article 101 For any of the following acts in the production and operation of edible agricultural products in violation of the provisions of Article 49 of these Regulations, the agricultural department, the municipal food and drug supervision and management department or the district market supervision and management department shall, in accordance with their respective duties and functions , order to stop the illegal acts, confiscate illegal income, illegally produced and operated edible agricultural products and the tools, equipment and other items for illegal production and operation and make harmless treatment; and shall also impose a fine of not less than 50,000 yuan but not more than 100,000 yuan for illegal production and operation of edible agricultural products in value of less than 10,000 yuan, and a fine of somewhat between 10 and 20 times the amount of value for the food in value of more than 10,000 yuan; if the circumstances are serious, the license shall be revoked:
1. to inject water or other substances into poultry, livestock and poultry products; or
2. to add substances that may endanger human health in the process of production, sale, storage and transportation of edible agricultural products.
Article 102 For any of the following circumstances in violation of the provisions of Article 51 and Article 52 of these Regulations, the municipal food and drug supervision and management department or the district market supervision and management department shall order to make correction and give a warning; for refusal to make correction, a fine of not less than 5000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop business:
1. A third party platform provider of online food trading or a food production operator through the self-built website transactions fails to go through the filing formalities as required; or
2. The Internet food operator fails to display as required the business license, the food production and operation permit, the employee health certificate, food safety quantitative classification management and other information on the prominent position of self-built website homepage or on the eye-catching position of business activities homepage of the Internet food trading third party platform.
Article 103 In violation of the provisions of Paragraph 1 of Article 53 of these Regulations, a third party platform provider for online food trading who has any of the following circumstances shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning, and shall be liable to a fine of not less than 10,000 yuan but not more than 50,000 yuan for refusal to make correction. If the circumstances are serious, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop business;
1. failing to specify the access standards and food safety responsibility for online food business operators
2. failing to inspect the food business conduct and information on the platform and truthfully publish the inspection results; or
3. failing to publish the food safety credit status of the online food business operators.
In violation of Paragraphs 1 and 2 of Article 53 of these Regulations, a third party platform provider of online food trading who fails to register the real name of online food business operators or check the license or fails to discharge obligations of reporting or stopping provision of online trade platform service shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and have the illegal gains confiscated and shall be liable to a fine of not less than 50,000 yuan but not more than 200,000 yuan; if serious consequences are caused, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop business, and the communication management department shall revoke the business license for Internet information service according to law.
In violation of the provisions of Paragraph 3 of Article 53 of these Regulations, an Internet third-party platform provider that only provides information release service to online food operators, failing to register the real names of online food business operators and check the license shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and have the illegal gains confiscated and shall be liable to a fine of not less than 50,000 yuan but not more than 200,000 yuan. If serious consequences are caused, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop business and the communication management department shall revoke the Internet information service business license according to law.
In violation of the provisions of Paragraph 3 of Article 53 of these Regulations, an Internet third-party platform provider that only provides information release service to online food operators having one of the following circumstances shall be ordered by the municipal food and drug supervision and management departments or the district market supervision and management department to make correction and be given a warning, and shall be liable to a fine of not less than 10,000 yuan but not more than 50,000 yuan for refusal to make correction; if the circumstances are serious, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop business:
1. failing to specify the access standards and food safety responsibility for online food business operators;
2. failing to check the food business information on the platform, or failing to promptly delete or shield the illegal information released by online food operators.
Article 104 In violation of the provisions of Paragraph 3 of Article 58 of these Regulations, a small workshop of food production and processing that conducts food production and processing activities without a production permit or in excess of the permitted food variety scope shall have the illegal income, illegally produced and processed food, and tools, equipment, raw materials and other items for illegal production and processing confiscated by the municipal food and drug supervision and management department or the district market supervision and administration department, and shall be liable to a fine of not less than 50,000 but not more than 100,000 yuan for illegal production of food in value of less than 10,000 yuan, and a fine of somewhat between 10 and 20 times the amount of value, if the value of food is more than 10,000 yuan.
For provision of production and operation premises or other conditions though knowing the violation of the provisions in the preceding Paragraph, the municipal food and drug supervision and management department or the district market supervision and management department shall order to stop the illegal act and confiscate the illegal gains and impose a fine of not less than 50,000 but not more than 100,000 yuan.
In violation of the provisions of Article 59 of these Regulations, a small workshop of food production and processing doing production activities not in line with requirements shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning; and shall be liable to a fine of not less than 5,000 yuan but not more than 50,000 yuan for refusal to make correction; and if the circumstances are serious, it shall be ordered to stop production to the extent of revocation of production permit.
In violation of the provisions of Article 60 and Paragraph 1of Article 61of these Regulations, a small workshop of food production and processing failing to comply with provisions on purchase and sales records and their retention period, food packaging and labeling requirements shall be ordered by the municipal food and drug supervision and management department or the district market supervision and management department to make correction and be given a warning; and shall be liable to a fine of not less than 5,000 yuan but not more than 50,000 for refusal to make correction.
Article 105 In violation of the provisions of Article 24, Article 63, Article 64 and Article 65 of these Regulations, a food vendor dealing in food prohibited from production and operation, failing to comply with the operating conditions and requirements, or failing to keep the relevant receipts and vouchers as required shall be ordered by the district market supervision and management department to make correction and be given a warning; and shall be liable to a fine of not less than 50 yuan but not more than 500 yuan for refusal to make correction; the food that does not meet food safety standards and requirements shall be confiscated; and if the circumstances are serious, the town/township peoples government or sub-district office shall be notified to cancel the registration.
The district market supervision and management department may temporarily withhold the food in line with the food safety standards and requirements which a food vendor deals in and the tools related to the illegal acts, and request the food vendor to accept handling at the designated place within a prescribed time limit. The district market supervision and management department shall properly keep the food and related tools withheld, and return them in time after the vendor accepts the handling; and harmless treatment may be done for food easy to perish, deteriorate and unsuited for storage after retaining evidence.
Article 106 In violation of the provisions of Article 67 of these Regulations, a food production operator who causes food poisoning and other food safety accident shall have illegal gains, illegally produced and operated food and the tools, equipment, raw materials and other items for the illegal production and operation confiscated by the municipal food and drug supervision and management department or the district market supervision and administration department; and shall be liable to a fine of not less than 50,000 but not more than 100,000 yuan for illegal production of food in value of less than 10,000 yuan, and a fine of somewhat between 10 and 20 times the amount of value, if the value of food is more than 10,000 yuan; if the circumstances are serious, the license or production permit shall be revoked.
A small food service provider or a food vendor who caused food poisoning and other food safety incident shall have illegal gains, illegally produced and operated food confiscated and may have the tools, equipment, raw materials and other things for illegal production and operation confiscated by the municipal food and drug supervision and management departments or district market supervision and administration department; and shall be liable to a fine of not less than 10,000 but not more than 50,000 yuan for illegal production of food in value of less than 10,000 yuan, and a fine of somewhat between 5 and 10 times the amount of value, if the value of food is more than 10,000 yuan; if the circumstances are serious, the license shall be revoked, or the town/township peoples government or sub-district office shall be notified to write off the temporary record and registration.
Article 107 The departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture shall, in accordance with Article 76 of these Regulations, carry out supervision and management work and, if discovering that any food production operators are no longer in compliance with the statutory conditions and requirements but still conduct production and operation activities, the departments shall, according to their division of duties, order for correction within a prescribed time limit. If the circumstances are serious, they shall revoke the license or production permits according to law, or notify the town/township peoples government or the sub-district office to cancel the temporary record and register.
Article 108 In violation of the provisions of Article 82 of these Regulations, a production enterprise with a production license for food, food additives and food related products or a small workshop of food production and processing with a production permit or a business enterprise with food business license that, after cease of production or business in the valid period of license for over one year in a row, resumes production and operation without reporting to the local district market supervision and administration department shall be ordered by the district market supervision and management department to make correction and be given a warning; and shall be liable to a fine of not less than 5,000 yuan but not more than 50,000 for refusal to make correction; if the circumstances are serious, it shall be ordered to stop business to the extent of revocation of license or production permit.
Article 109 This Municipality shall establish a system of the list of food safety severely illegal production operators and related liability persons put under key control. The relevant information about the food production operators and their legal representatives and liability persons who were subjected to administrative penalties or criminal penalties for serious violation of food safety laws, regulations, rules, and the relevant restrictive measures and key monitoring measures taken according to law shall be published to the public. The specific measures shall be formulated by the municipal food and drug supervision and management department.
The food production operator, the legal representative, the person in direct charge and other person directly responsible who have the license or production permit revoked or the temporary record and registration cancelled shall not apply, within five years from the date of the decision on punishment, for the food production and operation permission, the production permit for small workshop of food production and operation, the temporary filing of small catering service provider, the food vendor’s registration, or for doing food production and operation management work or acting as the food safety administrator of a food production operation enterprise.
A person who was sentenced to more than imprisonment for a food safety crime shall not engage in food production and operation management work all his or her life, nor shall act as the food safety administrator of any food production and operation enterprise.
A food production operator who hires a person violating the provisions of the preceding two paragraphs shall have the license revoked by the municipal food and drug supervision and management department or the district market supervision and administration department.
Article 110 A consumer harmed by food that does not meet the food safety standards may claim compensation for losses from the production operator in accordance with the law. The production operator who received the consumer’s claim for compensation shall first make payment under the first responsibility system according to the law and shall not prevaricate.
Article 111 In violation of the provisions of these Regulations, a food production operator who refuses, obstructs or interferes with relevant departments, agencies and their staff in food safety supervision and inspection, accident investigation and handling, epidemiological investigation, risk monitoring and risk assessment in accordance with the law shall be ordered by the relevant competent departments according to their division of duties to stop production and business and shall be liable to a fine of not less than 2000 yuan but not more than 50,000 yuan; if the circumstances are serious, the license shall be revoked; and if the behavior is in violation of the public security management, the public security organ shall give the public security administrative punishment according to law.
Article 112 A food operator who has fulfilled the obligations of purchase check and others under the Food Safety Law and other laws and rules, and has the following evidence of not knowing that the food purchased does not meet the food safety standards and can truthfully state the source of purchase may be exempted from punishment, but the food not meeting the food safety standards shall be confiscated in accordance with the law; if personal, property or other damage is caused, the liability for compensation shall be borne according to law:
1. The purchase channel is legitimate, and the food production and operation license, the qualified certificates and sales notes provided are real and valid;
2. The purchase and receipt records, warehousing inspection and acceptance records are true and complete;
3. The storage, sales, out of warehouse review and transport do not violate the relevant provisions and the relevant record is true and complete.
Article 113 Where the municipal and district peoples governments fail to perform their statutory duties on food safety supervision and management in accordance with the law or make poor response and handling of any food safety accident, the person in direct charge and other persons directly responsible shall be given punishment such as major demerit, demotion or dismissal according to law; if serious consequences are caused, the chief person in charge shall also take the blame and resign according to law.
If the departments of food and drug supervision and management, market supervision and management, quality and technical supervision and agriculture fail to perform statutory duties of food safety supervision and management, carry out daily supervision and inspection not in place, abuse powers, neglect duty, play favoritism or commit irregularities, the chief person-in charge and other persons directly responsible shall be given punishment such as a warning, demerit, demotion, dismissal or expulsion according to law; if serious consequences are caused, the chief person in charge shall also take the blame and resign according to law.
Chapter VIII Supplementary Provisions
Article 114 The definition of the following terms in these Regulation:
Edible agricultural products mean primary products derived from agriculture, that is, plants, animals, microorganisms and their products gained in agricultural activities for human consumption. Agricultural activities mean the traditional cultivation, breeding, picking, fishing and other agricultural activities, as well as facility agriculture, bio-engineering and other modern agricultural activities. Plants, animals, microorganisms and their products mean what are obtained in agricultural activities directly and through processing such as sorting, peeling, drying, crushing, cleaning, cutting, freezing, waxing, grading and packaging, without changing their basic natural and chemical properties.
Food-related products mean the packaging materials, containers, detergents and disinfectants for the use of food and the tools and equipment for food production and operation.
Small catering service provider means catering service provider that has a fixed business place with an operating area of relatively small size and simple facilities,
Internet food trading third-party platform means the information network system that provides web space, virtual business premises, trading rules, transaction matching, information release and other services for both or multiple parties to the transaction to conduct trading activities independently.
High-risk food production and operation enterprise means the food production and operation enterprise that produces and operates food easy to perish or deteriorate, with higher requirements for the production process and a wide range of consumption, mainly for infants, young children, patients, elderly people, students and other special groups, prone to have food safety problems and cause big social impact. High-risk foods include infant formula, health food, special medical use formula, dairy products, meat products, raw aquatic products, raw vegetables, frozen drinks, edible vegetable oil, pre-packaged cold chain meals, collective meals delivered, ready-to-eat food made on spot and other food, and at the same time dynamic adjustment shall be made according to the supervision and management records of supervision and inspection of food production operators, supervision and sampling inspection, complaints and reports, case investigation and product recall.
Article 115 These Regulations shall be effective as of March 20, 2017. The Procedures of Shanghai Municipality for the Implementation of Food Safety Law of the People’s Republic of China adopted at the 28th session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on July 29, 2011 shall be abolished at the same time.