Food Safety Law of the People's Republic of China

(Adopted at the 7th session of the Standing Committee of the Eleventh National People's Congress on February 28, 2009, and revised at the 14th session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 24, 2015; and amended in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Five Laws Including the Product Quality Law of the People's Republic of China adopted at the 7th session of the Standing Committee of the thirteenth National People's Congress on December 29, 2018)
 
Chapter I General Provisions
 
Article 1 This Law is enacted in order to ensure food safety and public health and life safetyArticle 2 This Law shall be abided by when undertaking the following activities within the territory of the People's Republic of China:
(1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food management);
(2) Production and management of food additives;
(3) Production and operation of packaging materials, containers, detergents, disinfectants and tools and equipment (hereinafter referred to as food-related products) for food production and operation;
(4) Food producers and operators use food additives and food-related products;
(5) Storage and transportation of food;
(6) Safety management of food, food additives and food-related products.
The quality and safety management of primary agricultural products (hereinafter referred to as edible agricultural products) for food shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the market sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this Law on agricultural inputs shall comply with the provisions of this Law.
 
Article 3 Food safety work shall focus on prevention, risk management, whole-process control and social co-governance, and establish a scientific and strict supervision and management system.
 
Article 4 Food producers and operators shall be responsible for the safety of their food production and operation.
Food producers and operators shall engage in production and operation activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to society and the public, accept social supervision and assume social responsibility.
 
Article 5 The State Council shall establish a Food Safety Committee, whose duties shall be prescribed by the State Council.
The food safety supervision and administration department under the State Council shall, in accordance with this Law and the responsibilities prescribed by the State Council, exercise supervision and management over food production and operation activities.
The administrative department of health under the State Council shall organize and carry out food safety risk monitoring and risk assessment in accordance with the responsibilities stipulated in this Law and the State Council, and work with the food safety supervision and administration department under the State Council to formulate and publish national food safety standards.
Other relevant departments of the State Council shall, in accordance with the duties and responsibilities prescribed by this Law and the State Council, undertake relevant food safety work.
 
Article 6 The local people's governments at or above the county level shall be responsible for the supervision and management of food safety in their respective administrative regions, and shall uniformly lead, organize and coordinate the supervision and management of food safety in their respective administrative regions, as well as the response to food safety emergencies, and establish and improve the working mechanism and information sharing mechanism for the whole process supervision and management of food safety.
The local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the responsibilities of the food safety supervision and administration departments, the health administrative departments and other relevant departments at the corresponding level. The relevant departments shall be responsible for the supervision and administration of food safety within their respective areas of responsibility.
The food safety supervision and Administration Department of the people's government at the county level may set up dispatched offices in towns or specific areas.
 
Article 7 The local people's governments at or above the county level shall implement the responsibility system for food safety supervision and management. The people's government at a higher level shall be responsible for the evaluation and assessment of the food safety supervision and management work of the people's government at a lower level. The local people's governments at or above the county level shall be responsible for evaluating and assessing the food safety supervision and management work of the food safety supervision and administration departments at the corresponding level and other relevant departments.
 
Article 8 People's governments at or above the county level shall incorporate food safety work into their national economic and social development plans, include food safety work funds in their government budgets, strengthen the capacity-building of food safety supervision and management, and provide safeguards for food safety work.
The food safety supervision and administration departments of the people's governments at or above the county level and other relevant departments shall strengthen communication and close cooperation, exercise their functions and powers according to their respective responsibilities and assume responsibilities according to law.
 
Article 9 Food industry associations shall strengthen industry self-discipline, establish and improve industry norms and reward and punishment mechanisms in accordance with the articles of association, provide food safety information and technology services, guide and urge food producers and operators to produce and operate according to law, promote the construction of industry integrity, and publicize and popularize food safety knowledge.
Consumer associations and other consumer organizations shall exercise social supervision over acts that violate the provisions of this Law and impair the legitimate rights and interests of consumers according to law.
 
Article 10 People's governments at all levels shall strengthen the publicity and education of food safety, popularize food safety knowledge, encourage social organizations, grassroots mass autonomous organizations, food producers and operators to carry out the popularization of food safety laws and regulations, food safety standards and knowledge, advocate healthy dietary patterns, and enhance consumers' food safety awareness and self-protection ability.
News media should publicize food safety laws and regulations, food safety standards and knowledge, and supervise food safety violations by public opinion. The propaganda and reports on food safety should be true and fair.
 
Article 11 The State encourages and supports the development of basic research and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technology and advanced management standards in order to improve food safety.
The state implements strict management system for the use of pesticides, speeds up the elimination of highly toxic, highly toxic and highly residual pesticides, promotes the development and application of alternative products, and encourages the use of highly effective, low toxic and low residual pesticides.
 
Article 12 Any organization or individual has the right to report violations of food safety law, to know food safety information from relevant departments according to law, and to put forward opinions and suggestions on food safety supervision and management.
 
Article 13 Units and individuals who have made outstanding contributions to food safety work shall be commended and rewarded in accordance with the relevant provisions of the State.
 
Chapter II Food Safety Risk Monitoring and Assessment
 
Article 14 The State establishes a food safety risk monitoring system to monitor food-borne diseases, food pollution and harmful factors in food.
The health administrative department under the State Council, in conjunction with the food safety supervision and administration department under the State Council, formulates and implements the national food safety risk monitoring plan.
The food safety supervision and administration department under the State Council and other relevant departments shall immediately verify and notify the health administration department under the State Council after they have obtained information on food safety risks. The health administrative department under the State Council shall, in conjunction with the relevant departments under the State Council, conduct analysis and Research on the information on food safety risks notified by relevant departments and on foodborne diseases reported by medical institutions, and, if necessary, adjust the national food safety risk monitoring plan in a timely manner.
The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the food safety supervision and administration departments at the same level, formulate and adjust the food safety risk monitoring programs of their respective administrative regions in accordance with the national food safety risk monitoring plan and in light of the specific conditions of their respective administrative regions, and submit them to the health administrative departments under the State Council for the record and implementation.
 
Article 15 Technical institutions undertaking food safety risk monitoring shall carry out monitoring work in accordance with the food safety risk monitoring plan and monitoring scheme to ensure the authenticity and accuracy of monitoring data, and submit monitoring data and analysis results in accordance with the requirements of the food safety risk monitoring plan and monitoring scheme.
Food safety risk monitoring staff have the right to enter relevant edible agricultural products cultivation and breeding, food production and operation sites to collect samples and relevant data. Samples shall be collected at market prices.
 
Article 16 If the results of food safety risk monitoring indicate that there may be potential food safety hazards, the health administrative department of the people's government at or above the county level shall timely inform the food safety supervision and management departments at the same level and report to the people's government at the corresponding level and the health administrative department of the people's government at the higher level. Departments such as food safety supervision and management should organize further investigations.
 
Article 17 The State establishes a food safety risk assessment system, and applies scientific methods to carry out risk assessment of biological, chemical and physical hazards in food, food additives and food-related products on the basis of food safety risk monitoring information, scientific data and relevant information.
The administrative department of health under the State Council is responsible for organizing food safety risk assessment. An Expert Committee on food safety risk assessment composed of experts in medicine, agriculture, food, nutrition, biology and environment is set up to carry out food safety risk assessment. The results of food safety risk assessment shall be published by the health administration department under the State Council.
The safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives should be attended by experts from the expert committee of food safety risk assessment.
Food safety risk assessment shall not collect fees from producers and operators. Samples collected shall be paid according to market prices.
 
Article 18 Food safety risk assessment shall be carried out under any of the following circumstances:
(1) discovering potential safety hazards in food, food additives and food-related products through food safety risk monitoring or receiving reports;
(2) Risk assessment is needed to provide scientific basis for formulating or revising national food safety standards;
(3) Risk assessment is needed to determine the key areas and varieties of supervision and management;
(4) discovering new factors that may endanger food safety;
(5) It is necessary to judge whether a certain factor constitutes a potential food safety hazard;
(6) Other situations in which the health administration department under the State Council considers it necessary to carry out risk assessment.
 
Article 19 Where the food safety supervision and administration and agricultural administration departments under the State Council find that food safety risk assessment is necessary in their supervision and management work, they shall put forward suggestions for food safety risk assessment to the health administration department under the State Council, and provide information and information such as risk sources, relevant inspection data and conclusions. If the situation falls under the provisions of Article 18 of this Law, the health administrative department under the State Council shall carry out food safety risk assessment in a timely manner and inform the relevant departments under the State Council of the assessment results.
 
Article 20 The administrative departments of health and agriculture of the people's governments at or above the provincial level shall promptly inform each other of the monitoring information on the safety risks of food and edible agricultural products.
The administrative departments of health and agriculture under the State Council shall timely inform each other of the results of safety risk assessment of food and edible agricultural products.
 
Article 21 The results of food safety risk assessment are the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management.
After the food safety risk assessment, the conclusion that food, food additives and food-related products are unsafe is drawn, the food safety supervision and administration department under the State Council shall immediately announce to the society in accordance with their respective responsibilities, inform consumers to stop eating or using, and take corresponding measures to ensure that the food, food additives and food-related products stop production and operation; it is necessary to formulate and repair them. If the relevant national food safety standards are formulated, the health administrative department under the State Council shall, in conjunction with the food safety supervision and administration department under the State Council, formulate and revise them immediately.
 
Article 22 The food safety supervision and administration department under the State Council shall, in conjunction with the relevant departments under the State Council, conduct a comprehensive analysis of the food safety situation on the basis of the results of food safety risk assessment and the information of food safety supervision and administration. The food safety supervision and administration department under the State Council shall promptly put forward food safety risk warnings and publish them to the public after comprehensive analysis.
 
Article 23 The food safety supervision and administration departments and other relevant departments of the people's governments at or above the county level, the Expert Committee on food safety risk assessment and its technical institutions shall, in accordance with the principles of science, objectivity, timeliness and openness, organize food producers and operators, food inspection institutions, certification bodies, food industry associations, consumer associations and news media to ensure food safety. Exchange and communication of information on full risk assessment and food safety supervision and management.
 
Chapter III Food Safety Standards
 
Article 24 The formulation of food safety standards shall aim at ensuring public health and be scientific, reasonable, safe and reliable.
 
Article 25 Food safety standards are compulsory standards. Except for food safety standards, no other compulsory food standards shall be formulated.
 
Article 26 Food safety standards shall include the following contents:
(1) Regulations on the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants in food, food additives and food-related products, as well as other substances harmful to human health;
(2) The variety, scope of use and dosage of food additives;
(3) Requirements for nutritional components of main and supplementary foods for infants and other specific groups of people;
(4) Requirements for labels, labels and instructions related to food safety requirements such as hygiene and nutrition;
(5) Hygienic requirements in the process of food production and operation;
(6) Quality requirements related to food safety;
(7) Food inspection methods and regulations related to food safety;
(8) Other contents that need to be formulated as food safety standards.

Article 27 The national standards for food safety shall be formulated and promulgated by the administrative department of health under the State Council in conjunction with the food safety supervision and administration department under the State Council. The administrative department for standardization under the State Council shall provide the national standards number.
The limits of pesticide residues and veterinary drug residues in food and their inspection methods and regulations shall be formulated by the health administration department under the State Council, the agricultural administration department under the State Council and the food safety supervision and administration department under the State Council.
The inspection rules for slaughtering livestock and poultry shall be formulated by the agricultural administrative department under the State Council in conjunction with the health administrative department under the State Council.
 
Article 28 The formulation of national food safety standards shall be based on the results of food safety risk assessment and take full account of the results of food safety risk assessment of edible agricultural products, refer to relevant international standards and the results of international food safety risk assessment, publish the draft national food safety standards to the public, and widely listen to the opinions of food producers, operators, consumers and relevant departments. 。
The national food safety standards shall be examined and approved by the National Food Safety Standards Review Committee organized by the administrative department of health under the State Council. The National Food Safety Standards Review Committee is composed of experts in medicine, agriculture, food, nutrition, biology and environment, and representatives of relevant departments of the State Council, food industry associations and consumer associations. It examines the scientificity and practicability of the draft national food safety standards.
 
Article 29 Where there is no national food safety standard for local characteristic foods, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate and promulgate local food safety standards and report them to the health administrative department under the State Council for the record. Following the formulation of national food safety standards, the local standards will be abolished.
 
Article 30 The State encourages food production enterprises to formulate enterprise standards stricter than national or local food safety standards, which shall be applicable to their own enterprises and shall be submitted to the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.
 
Article 31 The health administrative departments of the people's governments at or above the provincial level shall publish on their websites the national, local and enterprise standards for food safety formulated and filed for free public access and download.
The health administrative departments of the people's governments at or above the county level shall, in conjunction with the relevant departments, give timely guidance and answers to the problems in the implementation of food safety standards.

Chapter IV Food Production and Management
 
Section I General Provisions
 
Article 33 Food production and operation shall conform to food safety standards and meet the following requirements:
(1) Having food raw material handling and food processing, packaging, storage and other places suitable for the variety and quantity of food produced and managed, keeping the environment clean and tidy, and keeping the prescribed distance from poisonous and harmful places and other sources of pollution;
(2) Having production and operation equipment or facilities appropriate to the variety and quantity of food products produced and operated, and corresponding disinfection, changing clothes, washing, lighting, ventilation, anti-corrosion, dust-proof, fly-proof, rat-proof, insect-proof, washing and equipment or facilities for treating wastewater, storing garbage and waste;
(3) Full-time or part-time food safety professional and technical personnel, food safety management personnel and rules and regulations for ensuring food safety;
(4) To have reasonable equipment layout and technological process to prevent cross-contamination between processed food and directly imported food, raw materials and finished products, and to avoid food contact with toxic substances and impurities;
(5) Tableware, drinking utensils and containers for directly imported food shall be cleaned and disinfected before use, and cooking utensils and utensils shall be cleaned and kept clean after use;
(6) Containers, tools and equipment for storing, transporting and handling food shall be safe and harmless, keep clean, prevent food pollution, and meet the special requirements of temperature and humidity required to ensure food safety. Food shall not be stored or transported with toxic and harmful substances.
(7) Non-toxic and clean packaging materials, tableware, drinking utensils and containers shall be used for food directly imported.
(8) Food production and marketing personnel shall maintain personal hygiene, wash their hands and wear clean work clothes and hats when producing and marketing food, and use non-toxic and clean containers, sales tools and equipment when selling unpackaged direct-access food;
(9) Water use shall conform to the hygienic standards for drinking water prescribed by the State;
(10) The detergents and disinfectants used shall be safe and harmless to the human body;
, (11) Other requirements prescribed by laws and regulations.
Non-food producers and operators engaged in food storage, transportation and handling shall comply with the provisions of Item 6 of the preceding paragraph.
 
Article 34 The production and marketing of the following food, food additives and food-related products are prohibited:
(1) Foods produced from non-food raw materials or foods containing chemicals other than food additives and other potentially harmful substances to human health, or food produced from recycled food as raw materials;
(2) Foods, food additives and food-related products whose content of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants harmful to human health exceeds the food safety standard limits;
(3) Food and food additives produced with food raw materials and food additives that exceed the shelf life;
(4) Foods that use food additives beyond the limits and limits;
(5) Major and supplementary foods for infants and other specific groups whose nutrients do not meet the food safety standards;
(6) Food and food additives that are spoiled, rancid, mouldy, dirty, mixed with foreign bodies, adulterated or have abnormal sensory properties;
(7) Meat and products of poultry, livestock, animals and aquatic animals that die of illness or poisoning or whose cause of death is unknown;
(8) Meat products that fail to be quarantined or that fail to be quarantined in accordance with regulations, or meat products that fail to be inspected or inspected;
(9) Food and food additives contaminated by packaging materials, containers and means of transport;
(10) Food and food additives marked with false production dates, shelf-life or beyond the shelf-life;
(11) Unlabeled pre-packaged foods and food additives;
(12) The State expressly prohibits the production and operation of food products for special needs such as disease prevention;
(13) Other food, food additives and food-related products that do not conform to laws, regulations or food safety standards.
 
Article 35 The State implements a licensing system for food production and operation. To engage in food production, food sales and catering services, licenses shall be obtained according to law. However, there is no need to obtain permission to sell edible agricultural products. (the principle of one place and one certificate)
The food safety supervision and Administration Department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, examine the relevant information submitted by the applicant in accordance with the provisions of Items 1 to 4 of Article 33 of this Law and, if necessary, conduct on-site verification of the applicant's production and business premises; grant permission to those who meet the prescribed conditions; and fail to meet the requirements. Where conditions are prescribed, no permission shall be granted and the reasons shall be stated in writing.

Article 36 Small food production and processing workshops and food vendors engaged in food production and operation activities shall meet the requirements of food safety in accordance with the scale and conditions of their production and operation as stipulated in this Law, and ensure that the food they produce and operate is hygienic, non-toxic and harmless. The food safety supervision and management department shall strengthen supervision and management over them.
Local people's governments at or above the county level shall comprehensively control small food production and processing workshops and food vendors, strengthen services and unified planning, improve their production and business environment, encourage and support them to improve production and business conditions, enter fixed places such as centralized trading markets and shops, or operate in designated temporary business areas and periods.
Specific measures for the management of small food production and processing workshops and food vendors shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
 
Article 37 When using new food raw materials to produce food, or to produce new varieties of food additives or food-related products, materials for safety assessment of relevant products shall be submitted to the health administration department under the State Council. The administrative department of health under the State Council shall organize examination within 60 days from the date of receipt of the application; permit and publish those who meet the requirements of food safety; and refuse to permit those who do not meet the requirements of food safety and give reasons in writing.
 
Article 38 Pharmaceuticals may not be added to food produced and managed, but substances that are both food and traditional Chinese medicines may be added according to tradition. The catalogue of substances that are traditionally both food and traditional Chinese medicines shall be formulated and published by the health administration department under the State Council in conjunction with the food safety supervision and administration department under the State Council.
 
Article 39 The State applies a licensing system for the production of food additives. To engage in the production of food additives, it shall have suitable places, production equipment or facilities, professional and technical personnel and management system for the varieties of food additives it produces, and obtain the production license for food additives in accordance with the procedures prescribed in paragraph 2 of Article 35 of this Law.
The production of food additives shall conform to laws, regulations and national food safety standards.
 
Article 40 Food additives shall not be allowed to be used unless they are technically necessary and have been proved safe and reliable by risk assessment. The relevant national food safety standards shall be revised in time according to the technical necessity and the results of food safety risk assessment.
Food producers and operators shall use food additives in accordance with the national food safety standards.
 
Article 41 The production of food-related products shall conform to laws, regulations and national food safety standards. For food-related products with high risk, such as packaging materials that have direct contact with food, production licenses shall be implemented in accordance with the regulations of the State on the management of production licenses for industrial products. Food safety supervision and management departments should strengthen supervision and management of production activities of food-related products.
 
Article 42 The State establishes a traceability system for food safety throughout the whole process.
Food producers and operators shall, in accordance with the provisions of this Law, establish a food safety traceability system to ensure food traceability. The State encourages food producers and operators to collect and retain information on production and operation by means of information technology, and to establish a food safety traceability system.
The Food Safety Supervision and Administration Department of the State Council, together with the relevant departments of the Agricultural Administration of the State Council, will establish a traceability and collaboration mechanism for food safety throughout the whole process.
 
Article 43 Local people's governments at all levels shall take measures to encourage large-scale food production and chain operation and distribution.
The state encourages food production and operation enterprises to participate in food safety liability insurance.
 
Section 2 Production and Business Process Control
 
Article 44 Food production and marketing enterprises shall establish and improve the food safety management system, train employees on food safety knowledge, strengthen food inspection and engage in production and marketing activities according to law.
The principal person in charge of a food production and marketing enterprise shall implement the food safety management system of the enterprise and be fully responsible for the food safety work of the enterprise.
Food production and marketing enterprises shall be equipped with food safety management personnel and strengthen their training and assessment. Those who fail to possess the ability of food safety management after examination shall not be allowed to take up posts. The food safety supervision and administration department shall conduct random inspection and assessment of the food safety administrators of enterprises and publish the assessment results. No fee shall be charged for supervision and random inspection.
 
Article 45 Food producers and operators shall establish and implement a health management system for their employees. Persons suffering from food safety diseases prescribed by the health administrative department under the State Council shall not engage in the work of contacting directly imported food.
Food producers and managers who engage in the work of contacting directly imported food shall conduct annual health checks and obtain health certificates before they can take up their jobs.
 
Article 46 Food production enterprises shall formulate and implement control requirements on the following matters to ensure that the food produced meets the food safety standards:
(1) Control of raw materials such as purchase, acceptance and feeding of raw materials;
(2) Control of key production processes, equipment, storage and packaging;
(3) Inspection and control of raw material inspection, semi-finished product inspection and finished product ex-factory inspection;
(4) Transportation and delivery control.
 
Article 47 Food producers and operators shall establish a system of self-inspection of food safety and regularly conduct inspection and evaluation of food safety. If the conditions of production and operation have changed and no longer meet the requirements of food safety, food producers and operators shall take immediate rectification measures; if there is a potential risk of food safety accidents, they shall immediately stop their food production and operation activities and report to the food safety supervision and Administration Department of the local people's government at the County level.
 
Article 48 The State encourages food production and operation enterprises to meet the requirements of good production standards, implement hazard analysis and key control point system, and improve the level of food safety management.
For food production and operation enterprises that have passed the certification of good production norms, hazard analysis and critical control point system, the certification authority shall carry out follow-up investigation according to law; for enterprises that no longer meet the certification requirements, the certification shall be revoked according to law, and the food safety supervision and Management Department of the people's government at or above the county level shall be notified in time and publicized to the society. No fee shall be charged for the follow-up investigation conducted by the certification authority.
 
Article 49 Producers of edible agricultural products shall use agricultural inputs such as pesticides, fertilizers, veterinary drugs, feedstuffs and feed additives in accordance with food safety standards and relevant provisions of the State, strictly enforce the provisions on the safe interval for the use of agricultural inputs or the period of drug withdrawal, and shall not use agricultural inputs explicitly prohibited by the State. It is forbidden to use highly toxic and highly toxic pesticides in vegetables, fruits, tea and Chinese herbal medicines and other crops prescribed by the state.
Enterprises producing edible agricultural products and specialized cooperative economic organizations of farmers shall establish a record system for the use of agricultural inputs.
The agricultural administrative departments of the people's governments at or above the county level shall strengthen supervision and control over and guidance over the use of agricultural inputs, and establish and improve the system for the safe use of agricultural inputs.
 
Article 50 When purchasing food raw materials, food additives and food-related products, food producers shall examine the licenses and certificates of the suppliers; when food raw materials fail to provide qualified certificates, they shall be inspected in accordance with food safety standards; and they shall not purchase or use food raw materials, food additives or food-related products that do not conform to food safety standards.
Food production enterprises shall establish a record system for inspection and inspection of food raw materials, food additives and food-related products, faithfully record the names, specifications, quantities, production dates or batches, shelf-life, purchase dates, names, addresses and contact methods of food raw materials, food additives and food-related products, and keep relevant certificates. Records and vouchers shall not be kept for less than six months after the expiration of the product's shelf-life; if there is no clear shelf-life, the shelf-life shall not be less than two years.

 Article 51 Food production enterprises shall establish a record system for food ex-factory inspection, inspect the inspection certificates and safety status of food ex-factory, faithfully record the names, specifications, quantities, production dates or batch numbers, shelf life, inspection certificate numbers, sales dates, and the names, addresses and contact methods of purchasers of food products, and keep relevant certificates. The time limit for the preservation of records and vouchers shall conform to the provisions of paragraph 2 of Article 50 of this Law.
 
Article 52 Producers of food, food additives and food-related products shall inspect the food, food additives and food-related products produced in accordance with food safety standards, and may leave the factory or sell them only after passing the inspection.
 
Article 53 When purchasing food, a food dealer shall examine the license of the supplier, the certificate of qualified inspection or other certificates of qualified inspection (hereinafter referred to as the certificate of qualifications).
Food business enterprises shall establish a record system for inspection of food purchases, faithfully record the names, specifications, quantities, production dates or batches, shelf-life, purchase dates, names, addresses and contact methods of suppliers of food, and keep relevant vouchers. The time limit for the preservation of records and vouchers shall conform to the provisions of paragraph 2 of Article 50 of this Law.
Food business enterprises that implement a unified mode of distribution and operation may conduct unified inspection of supplier's licenses and certificates of food conformity by the headquarters of the enterprise and record the inspection of food purchases.
Business enterprises engaged in wholesale food business shall establish a food sales record system, faithfully record the names, specifications, quantities, production dates or batch numbers, shelf life, sales dates of wholesale food, as well as the names, addresses and contact methods of purchasers, and keep relevant vouchers. The time limit for the preservation of records and vouchers shall conform to the provisions of paragraph 2 of Article 50 of this Law.
 
Article 54 Food dealers shall store food in accordance with the requirements of ensuring food safety, regularly inspect the stored food, and promptly clean up the deteriorated or over-shelf-life food.
When storing bulk food, the food dealer shall indicate the name of the food, the date of production, the batch number of productions, the shelf life, the name of the producer and the way of contact at the place of storage.
 
Article 55 Food and beverage service providers shall formulate and implement requirements for raw material control, and shall not purchase food raw materials that do not meet food safety standards. Advocate catering service providers to publicize the processing process and information about food raw materials and their sources.
A catering service provider shall inspect the food and raw materials to be processed in the course of processing, and shall not process or use them if it finds that there is a situation prescribed in Item 6 of Article 34 of this Law.
 
Article 56 Food and beverage service providers shall regularly maintain facilities and equipment for food processing, storage and display, and regularly clean and verify heat preservation facilities and refrigeration and refrigeration facilities.
Food and beverage service providers shall clean and disinfect tableware and drinking utensils in accordance with the requirements, and shall not use tableware or drinking utensils that have not been cleaned and disinfected; if a food and beverage service provider entrusts cleaning and disinfecting tableware or drinking utensils, it shall entrust tableware and drinking utensils Centralized Disinfection service units that meet the requirements of this Law.
 
Article 57 The canteens of schools, kindergartens, pension institutions, construction sites and other centralized dining units shall strictly abide by laws, regulations and food safety standards; those ordering from catering units shall be ordered from enterprises that have obtained food production and operation licenses, and the ordered food shall be inspected as required. Food suppliers should strictly abide by laws, regulations and food safety standards, and process meals to ensure food safety.
The competent departments of schools, kindergartens, pension institutions, construction sites and other centralized dining units should strengthen the food safety education and daily management of centralized dining units, reduce food safety risks and eliminate food safety hidden dangers in time.

Article 58 Centralized disinfection service units for tableware and drinking utensils shall have corresponding working places, cleaning and disinfection equipment or facilities, and the detergents and disinfectants used in water use shall conform to relevant national food safety standards and other national standards and hygienic standards.
The service unit for Centralized Disinfection of tableware and drinking utensils shall carry out batch-by-batch inspection of disinfected tableware and drinking utensils. Only after passing the inspection, can they leave the factory, and the certificate of disinfection qualification shall be attached. After disinfection, tableware and drinking utensils shall be labeled with the name, address, contact information, disinfection date and service life of the unit on the independent packaging.
 
Article 59 The producer of food additives shall establish a record system for the inspection of food additives from the factory, check the inspection certificates and safety status of the products from the factory, and faithfully record the names, specifications, quantities, production dates or batch numbers, shelf life, inspection certificate numbers, sales dates, and the names, addresses and contact modes of the purchasers of food additives, and so on. Keep relevant documents. The time limit for the preservation of records and vouchers shall conform to the provisions of paragraph 2 of Article 50 of this Law.
 
Article 60 When purchasing food additives, food additives operators shall inspect the licenses of suppliers and certificates of product conformity according to law, faithfully record the names, specifications, quantities, production dates or batch numbers, shelf life, purchase dates, names, addresses and contact methods of suppliers of food additives, and keep relevant certificates. The time limit for the preservation of records and vouchers shall conform to the provisions of paragraph 2 of Article 50 of this Law.
 
Article 61 The organizers of centralized trading markets, over-the-counter lessors and exhibition organizers shall examine the licenses of entrance food operators according to law, clarify their responsibilities for food safety management, regularly inspect their operating environment and conditions, and discover that they have acted in violation of the provisions of this Law, and shall promptly stop and report to the local and county people's governments the supervision and administration of food safety. Management department.
 
Article 62 The third-party platform providers of online food transactions shall register the online food operators by name and clarify their responsibilities for food safety management; if they should obtain licenses according to law, their licenses shall also be examined.
If a third-party platform provider of online food trading finds that an online food operator has violated the provisions of this Law, it shall promptly stop and report to the food safety supervision and Administration Department of the people's government at the county level; if serious illegal acts are found, it shall immediately stop providing online food trading platform services.
 
Article 63 The State establishes a food recall system. If a food producer finds that the food he produces does not meet the food safety standards or has evidence that it may endanger human health, he shall immediately stop production, recall the food already on sale, notify the relevant producers, operators and consumers, and record the recall and notification.
If a food operator finds that the food he operates is in the circumstances prescribed in the preceding paragraph, he shall immediately stop the operation, notify the relevant producers, operators and consumers, and record the cessation and notification of the operation. Food producers who believe that a recall should be made shall immediately recall it. Food dealers shall recall food products that are operated by them because of the reasons specified in the preceding paragraph.
Food producers and operators should take harmless measures to dispose and destroy the recalled food so as to prevent its re-entry into the market. However, for food recalled because labels, labels or instructions do not meet food safety standards, food producers can continue to sell food with remedial measures that can ensure food safety; when selling, they should show consumers the remedial measures.
Food producers and operators shall report the recall and disposal of food to the food safety supervision and Administration Department of the local people's government at the county level; if it is necessary to dispose of and destroy the recalled food harmlessly, it shall report the time and place in advance. Food safety supervision and administration departments may implement on-site supervision if they deem it necessary.
If food producers or operators fail to recall or stop their operations in accordance with the provisions of this Article, the food safety supervision and Administration Department of the people's government at or above the county level may order them to recall or stop their operations.
 
Article 64 The wholesale market of edible agricultural products shall be equipped with inspection equipment and personnel or entrusted with food inspection institutions in accordance with the provisions of this Law to carry out sampling inspection of edible agricultural products sold in the wholesale market; if it finds that the products do not meet the food safety standards, the Seller shall be required to stop selling immediately and report to the food safety supervision and administration department.
 
Article 65 A seller of edible agricultural products shall establish a record system for inspection of the purchase of edible agricultural products, faithfully record the name, quantity, date of purchase of edible agricultural products and the names, addresses and contact methods of the suppliers, and keep relevant vouchers. Records and vouchers shall be kept for no less than six months.
 
Article 66 Food-related products such as food additives such as preservatives, preservatives and packaging materials used in packaging, preservation, storage and transportation of edible agricultural products entering the market shall conform to the national food safety standards.
 
Section 3 Labels, Instructions and Advertisements
 
Article 67 The packaging of pre-packaged food shall be labeled. The label shall indicate the following items:
(1) Name, specification, net content and date of production;
(2) A list of ingredients or ingredients;
(3) Name, address and contact information of the producer;
(4) shelf life;
(5) Product standard code;
(6) Storage conditions;
(7) The generic name of the food additives used in the national standards;
(8) Production license number;
(9) Other matters to be specified in laws, regulations or food safety standards.
The label of the main and supplementary foods for infants and other specific groups shall also indicate the main nutrients and their contents.
Where the national standards for food safety have other provisions on labeling matters, such provisions shall prevail.
 
Article 68 When selling bulk food, a food operator shall mark the name, date of production or batch number, shelf life, name, address and contact method of the producer and operator on the containers and outer packages of bulk food.
 
Article 69 The production and operation of genetically modified food shall be marked markedly in accordance with the provisions.
 
Article 70 Food additives shall have labels, instructions and packages. Labels and instructions shall specify the items specified in Items 1 to 6, 8 and 9 of Article 67, paragraph 1, of this Law, as well as the scope, amount and method of use of food additives, and shall include the words "food additives" on the labels.
 
Article 71 Labels and instructions for food and food additives shall not contain false contents or involve the functions of disease prevention and treatment. Producers and operators are responsible for the contents of the labels and instructions they provide.
Labels and instructions for food and food additives should be clear and clear, and items such as production date and shelf life should be marked clearly and easily identified.
Food and food additives that do not conform to the contents of their labels and instructions shall not be marketed.
 
Article 72 Food dealers shall sell food in accordance with the warning signs, warning instructions or the requirements for matters needing attention of food labels.
 
Article 73 The contents of food advertisements shall be true and legal, shall not contain false contents, and shall not involve the functions of disease prevention and treatment. Food producers and operators are responsible for the authenticity and legitimacy of the contents of food advertisements.
Food safety supervision and administration departments and other relevant departments of people's governments at or above the county level, as well as food inspection agencies and food industry associations, shall not recommend food to consumers in advertising or other forms. Consumer organizations shall not recommend food to consumers by collecting fees or other means for profit.
 
Section 4 Special Foods
 
Article 74 The State exercises strict supervision and administration over special foods such as health food, formula food for special medical purposes and formula food for infants and young children.
 
Article 75 Health food claims to have health care functions shall have scientific basis and shall not cause acute, sub-acute or chronic harm to human body.
The catalogue of raw materials for health food and the catalogue of health functions allowed to be claimed by health food shall be formulated, adjusted and promulgated by the food safety supervision and administration department under the State Council in conjunction with the health administration department under the State Council and the State Administration Department of traditional Chinese medicine.
The catalogue of raw materials for health food shall include the name of raw materials, the amount of raw materials used and the corresponding efficacy; the raw materials listed in the catalogue of raw materials for health food shall only be used for the production of health food, and shall not be used for other food production.
 
Article 76 Health foods that use raw materials other than the list of raw materials for health food and health foods that are imported for the first time shall be registered with the food safety supervision and administration department under the State Council. However, if the first imported health food is supplemented with vitamins, minerals and other nutrients, it shall be submitted to the food safety supervision and administration department under the State Council for the record. Other health foods shall be submitted to the food safety supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.
The imported health food shall be the product permitted to be marketed by the competent authorities of the exporting country (region).
 
Article 77 When registering health food which should be registered according to law, materials and samples such as R&D report, product formulation, production process, safety and health function evaluation, label, instruction, etc. of health food shall be submitted, and relevant certification documents shall be provided. After organizing technical review, the food safety supervision and administration department under the State Council shall grant registration to those who meet the requirements of safety and function claims; if they do not meet the requirements, they shall not register and give reasons in writing. If a decision is made to approve the registration of health foods using raw materials other than those listed in the raw materials catalogue of health foods, the raw materials shall be included in the raw materials catalogue of health foods in a timely manner.
The health food that should be put on record according to law shall submit the formulation, production process, label, instructions and materials indicating the safety and health function of the product when it is put on record.
 
Article 78 The labels and instructions of health food shall not involve the functions of disease prevention and treatment. The contents shall be authentic and consistent with the contents of registration or filing. They shall specify the suitable, unsuitable, effective or marked ingredients and their contents, and declare that "this product can not replace drugs". The functions and components of health food should be in accordance with the labels and instructions.
 
Article 79 In addition to conforming to the provisions of Article 73, paragraph 1, of this Law, health food advertisements shall also state that "this product can not replace drugs". The contents of health food advertisements shall be examined and approved by the food safety supervision and Administration Department of the people's government of the province, autonomous region and municipality directly under the Central Government where the production enterprise is located, and the approval documents for health food advertisements shall be obtained. The food safety supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall publish and update the approved health food advertising catalogues and approved advertising contents in a timely manner.
 
Article 80 Formula foods for special medical purposes shall be registered with the food safety supervision and administration department under the State Council. At the time of registration, the product formulation, production process, labels, instructions and materials indicating the safety, nutritional adequacy and clinical effects of special medical uses should be submitted.
Advertising for special medical use formula foods shall be governed by the Advertising Law of the People's Republic of China and other laws and administrative regulations concerning the administration of pharmaceutical advertisements.
 
Article 81 The infant formula food production enterprises shall implement the quality control of the whole process from raw materials entering the factory to finished products leaving the factory, and carry out batch-by-batch inspection of infant formula food leaving the factory to ensure food safety.
Fresh milk, accessories and other food raw materials and food additives used in the production of infant formula food shall conform to the provisions of laws and administrative regulations and the national food safety standards to ensure the nutritional components needed for infant growth and development.
The infant formula food production enterprises shall file with the food safety supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government such matters as food raw materials, food additives, product formulations and labels.
The formula of infant formula milk powder shall be registered with the food safety supervision and administration department under the State Council. At the time of registration, formulation development reports and other materials indicating the scientific nature and safety of the formulation shall be submitted.
It is forbidden to produce infant formula milk powder in separate packages, and the same enterprise may not use the same formula to produce infant formula milk powder of different brands.

Article 82 The registrant or Archivist of health food, formula food for special medical purposes and formula milk powder for infants and young children shall be responsible for the authenticity of the materials submitted.
The food safety supervision and Administration Department of the people's government at or above the provincial level shall timely publish the catalogues of registered or filed health food, special medical formula food and infant formula milk powder, and keep confidential the business secrets of enterprises that are known in the registration or filing.
The production enterprises of health food, formula food for special medical purposes and formula milk powder for infants and young children shall organize production according to the technical requirements of registered or filed product formulation and production process.
 
Article 83 Enterprises that produce health food, formula food for special medical purposes, formula food for infants and young children and other main and auxiliary food specially for specific groups of people shall establish a production quality management system suitable for the food produced in accordance with the requirements of good production standards, conduct regular self-checks on the operation of the system to ensure its effective operation, and administer it to the local people at the county level. The government food safety supervision and administration department submits a self-examination report.
 
Chapter V Food Inspection
 
Article 84 Food inspection institutions may not engage in food inspection activities until they have obtained qualification confirmation in accordance with relevant national certification and accreditation regulations. However, unless otherwise provided by law.
The qualifications and inspection criteria of food inspection institutions shall be stipulated by the food safety supervision and administration department under the State Council.
Inspection reports issued by food inspection agencies in conformity with the provisions of this Law are equally valid.
People's governments at or above the county level shall integrate food inspection resources and realize resource sharing.
 
Article 85 Food inspection shall be conducted independently by inspectors designated by food inspection agencies.
Inspectors shall inspect food in accordance with relevant laws and regulations, and in accordance with food safety standards and inspection standards, respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.
 
Article 86 Food inspection institutions and inspectors shall be responsible for food inspection. The food inspection report shall be stamped with the official seal of the food inspection institution and the signature or seal of the inspector. Food inspection agencies and inspectors are responsible for the food inspection reports issued.
 
Article 87 The food safety supervision and Administration Department of the people's government at or above the county level shall conduct periodic or irregular sampling inspection of food, and publish the inspection results in accordance with relevant regulations, which shall not be exempted from inspection. Sampling inspection shall be carried out by purchasing the sampled samples and entrusting the food inspection institutions that meet the requirements of this Law to carry out the inspection and pay the relevant fees; no inspection fee or other fees shall be charged to the food producers and operators.
 

Article 88 If there is any objection to the inspection conclusion implemented in accordance with the provisions of this Law, the food producer or operator may, within seven working days from the date of receipt of the inspection conclusion, submit an application for reexamination to the food safety supervision and administration department implementing the sampling inspection or to the food safety supervision and Administration department at the next higher level, and the food safety supervision and administration department accepting the application for reexamination shall publish the reexamination agency. In the catalogue, the review organs are randomly determined to carry out the re-examination. The conclusion of reexamination issued by the reexamination institution is the final conclusion of the reexamination. The reexamination organ and the preliminary inspection organ shall not be the same organ. The list of reexamination agencies shall be jointly promulgated by the departments of certification and accreditation supervision and administration of the State Council, food safety supervision and administration, health administration and agricultural administration.
If the sample inspectors have objections to the test results, they may apply for reexamination within four hours from the time of receiving the test results. Rapid detection methods shall not be used for re-inspection.
 
Article 89 Food production enterprises may inspect the food they produce on their own or entrust food inspection institutions that meet the requirements of this Law to inspect it.
Organizations such as food industry associations and consumer associations, and consumers who need to entrust food inspection agencies to carry out food inspection, shall entrust food inspection agencies that meet the requirements of this Law.
 
Article 90 The provisions of this Law on food inspection shall apply to the inspection of food additives.
 
Chapter VI Food Import and Export
 
Article 91 The State entry-exit inspection and quarantine department shall supervise and administer the safety of import and export food.
 
Article 92 The imported food, food additives and food-related products shall conform to the national food safety standards of China.
The imported food and food additives shall pass the inspection by the entry-exit inspection and quarantine organs in accordance with the relevant laws and administrative regulations on the inspection of import and export commodities.
The imported food and food additives shall be accompanied by qualified certification materials in accordance with the requirements of the State Entry-Exit Inspection and Quarantine Department.
 
Article 93 Food imported without national food safety standards shall be submitted to the health administration department under the State Council by foreign exporters, overseas production enterprises or importers entrusted by them to the relevant national (regional) standards or international standards implemented. The health administrative department under the State Council shall examine the relevant standards and decide to apply them temporarily if it considers that they meet the requirements of food safety, and formulate the corresponding national standards for food safety in a timely manner. The import of new food products manufactured from new food raw materials or new varieties of imported food additives or new varieties of food-related products shall be handled in accordance with the provisions of Article 37 of this Law.
The entry-exit inspection and quarantine organs shall, in accordance with the requirements of the health administrative department under the State Council, inspect the food, food additives and food-related products specified in the preceding paragraph. The results of the inspection shall be made public.
 
Article 94 Foreign exporters and overseas production enterprises shall ensure that the food, food additives and food-related products exported to China conform to the provisions of this Law, other relevant laws and administrative regulations of China and the requirements of national food safety standards, and shall be responsible for the contents of labels and instructions.
Importers shall establish an auditing system for overseas exporters and overseas production enterprises, focusing on the contents specified in the preceding paragraph; if the auditing is not qualified, they shall not import.
If it finds that the imported food does not conform to the national food safety standards of our country or has evidence that it may endanger human health, the importer shall immediately stop importing and recall it in accordance with the provisions of Article 63 of this Law.
Article 95 Where food safety incidents occurring abroad may have an impact on China's territory or serious food safety problems are found in imported food, food additives or food-related products, the State Entry-Exit Inspection and Quarantine Department shall take timely risk warning or control measures and notify the food safety supervision and administration, health administration and agricultural administration departments under the State Council. 。 The departments notified shall take corresponding measures in time.
The food safety supervision and Administration Department of the people's government at or above the county level shall supervise and administer imported food and food additives sold on the domestic market. If serious food safety problems are found, the food safety supervision and administration department under the State Council shall promptly notify the State Entry-Exit Inspection and Quarantine Department. The national entry-exit inspection and quarantine department shall take corresponding measures in time.
 
Article 96 Foreign exporters or agents or importers of imported foodstuffs exporting to China shall file with the State Entry-Exit Inspection and Quarantine Department for the record. Overseas food production enterprises exporting food to China shall be registered with the State Entry-Exit Inspection and Quarantine Department. Where registered overseas food production enterprises provide false materials or cause major food safety accidents in imported food due to their own reasons, the State Entry-Exit Inspection and Quarantine Department shall revoke the registration and announce it.
The State entry-exit inspection and quarantine department shall regularly publish the list of overseas exporters, agents, importers and registered overseas food production enterprises that have been filed.
 
Article 97 The imported pre-packaged food and food additives shall be labeled in Chinese; if there are instructions in accordance with law, there shall also be instructions in Chinese. Labels and instructions shall comply with the provisions of this Law, other relevant laws and administrative regulations of our country and the requirements of national food safety standards, and shall specify the origin of food and the names, addresses and contact methods of domestic agents. Prepackaged food without Chinese labels, instructions or labels or instructions that do not conform to the provisions of this article shall not be imported.
 
Article 98 Importers shall establish a record system for the import and sale of food and food additives, faithfully record the names, specifications, quantities, production dates, batches of production or import, shelf life, names, addresses and contact methods of overseas exporters and purchasers, and delivery dates of food and food additives, and keep relevant documents. The time limit for the preservation of records and vouchers shall conform to the provisions of paragraph 2 of Article 50 of this Law.
 
Article 99 An export food production enterprise shall ensure that its export food meets the standards or contractual requirements of the importing country (region).
Export food production enterprises and export food raw materials planting and breeding farms shall file with the national entry-exit inspection and quarantine department for the record.
 
Article 100 The State Entry-Exit Inspection and Quarantine Department shall collect and summarize the following information on import and export food safety, and inform relevant departments, institutions and enterprises in a timely manner:
(1) Food safety information discovered by Entry-Exit Inspection and quarantine organs in the inspection and Quarantine of imported and exported food;
(2) Import food safety information reflected by food industry associations, consumer associations and other organizations and consumers;
(3) Risk early warning information and other food safety information issued by international organizations and overseas government agencies, as well as food safety information reflected by overseas food industry associations and other organizations and consumers;
(4) Other food safety information.
The State Entry-Exit Inspection and Quarantine Department shall implement credit management for importers, exporters and export food production enterprises, establish credit records and publish them to the public according to law. The inspection and Quarantine of imported and exported food shall be strengthened for importers, exporters and export food production enterprises with bad records.
 
 Article 101 The State Entry-Exit Inspection and Quarantine Department may assess and examine the food safety management system and food safety situation in the countries (regions) that export food to China, and determine the corresponding inspection and quarantine requirements on the basis of the evaluation and inspection results.
 
Chapter VII Disposal of Food Safety Accidents
 
Article 102 The State Council shall organize the formulation of a national emergency plan for food safety accidents.
Local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, the emergency plans for food safety accidents of the people's governments at higher levels and the actual situation of their respective administrative regions, formulate emergency plans for food safety accidents in their respective administrative regions and report them to the people's governments at higher levels for the record.
The emergency plan for food safety accidents shall stipulate the classification of food safety accidents, the organizational command system and responsibilities for handling accidents, the prevention and early warning mechanism, the handling procedures and emergency safeguard measures.
Food production and marketing enterprises shall formulate plans for handling food safety accidents, regularly inspect the implementation of various food safety precautions in their enterprises, and timely eliminate potential accidents.
 
Article 103 Units that have occurred food safety accidents shall take immediate measures to prevent the expansion of accidents. The accident unit and the unit receiving the patient for treatment shall timely report to the food safety supervision and administration department and the health administration department of the people's government at the county level where the accident occurred.
Agricultural administrative departments of the people's governments at or above the county level shall immediately notify the food safety supervision and administration departments at the same level if they find food safety accidents or receive reports of accidents in their daily supervision and management.
In case of a food safety accident, the food safety supervision and Administration Department of the people's government at the county level shall report it to the people's government at the corresponding level and to the food safety supervision and Administration Department of the people's government at the higher level in accordance with the provisions of the emergency plan. The food safety supervision and administration departments of the people's governments at the county level and at higher levels shall submit reports in accordance with the provisions of emergency plans.
No unit or individual may conceal, falsify or delay the reporting of food safety accidents, or conceal, forge or destroy relevant evidence.
 
Article 104 If a medical institution finds that the patients it receives belong to foodborne disease patients or suspected patients, it shall timely report the relevant information to the health administrative department of the people's government at the county level in accordance with the relevant provisions. If the health administrative department of the people's government at the county level considers that food safety is related, it shall promptly notify the food safety supervision and administration department at the same level.
When the health administrative department of the people's government at or above the county level finds information related to food safety in investigating and dealing with infectious diseases or other public health emergencies, it shall promptly inform the food safety supervision and administration department at the same level.
 
Article 105 The food safety supervision and Administration Department of the people's government at or above the county level shall immediately investigate and deal with food safety accidents together with the health and agricultural administrative departments at the same level, and take the following measures to prevent or mitigate social hazards:
(1) To carry out emergency rescue work and organize the rescue of persons injured by food safety accidents;
(2) To seal up food and its raw materials which may lead to food safety accidents and conduct immediate inspection; and to order food producers and operators to recall or stop their operations in accordance with the provisions of Article 63 of this Law for food and its raw materials which are confirmed to be contaminated;
(3) Sealing up contaminated food-related products and ordering them to be cleaned and disinfected;
(4) Publishing information well, publishing food safety accidents and their handling according to law, and explaining and explaining the possible hazards.
If food safety accidents require the initiation of emergency plans, the people's government at or above the county level shall immediately set up an accident disposal command organ to initiate emergency plans and dispose of them in accordance with the provisions of the preceding paragraph and emergency plans.
In the event of food sa, fety accidents, disease prevention and control institutions at or above the county level shall conduct sanitary treatment of the accident site and conduct epidemiological investigations on the factors related to the accident, and the relevant departments shall assist in this regard. Disease prevention and control institutions at or above the county level shall submit epidemiological investigation reports to the food safety supervision and administration departments and health administrative departments at the same level.
 
Article 106 In the event of a food safety accident, the food safety supervision and Administration Department of the people's government at or above the municipal level with districts shall immediately conduct an accident liability investigation with the relevant departments, urge the relevant departments to perform their duties and submit a report on the investigation and treatment of the accident liability to the people's government at the corresponding level and the food safety supervision and Administration Department of the people's government at the next higher level.
Major food safety accidents involving more than two provinces, autonomous regions and municipalities directly under the Central Government shall be investigated by the food safety supervision and administration department under the State Council in accordance with the provisions of the preceding paragraph.
 
Article 107 In investigating food safety accidents, we should adhere to the principle of seeking truth from facts and respecting science, investigate the nature and causes of accidents timely and accurately, identify the liability for accidents, and propose corrective measures.

Investigating food safety accidents, in addition to ascertaining the responsibilities of the accident units, the responsibilities of relevant supervision and management departments, food inspection agencies, certification bodies and their staff should also be ascertained.
 
Article 108 The Investigation Department of food safety accidents shall have the right to know about the situation related to accidents from relevant units and individuals, and to request relevant information and samples. Relevant units and individuals shall cooperate, provide relevant information and samples as required, and shall not refuse to do so.
No unit or individual may obstruct or interfere with the investigation and treatment of food safety accidents.
 
Chapter VIII Supervision and Management
 
Article 109 The food safety supervision and Administration Department of the people's government at or above the county level shall, according to the results of food safety risk monitoring, risk assessment and food safety status, determine the focus, mode and frequency of supervision and administration, and implement risk classification management.
Local people's governments at or above the county level shall organize departments of food safety supervision and administration at the corresponding level to formulate annual food safety supervision and management plans in their respective administrative regions, and publish them to the public and organize their implementation.
The annual food safety supervision and management plan shall focus on the following items:
(1) Major and supplementary foods for infants and other specific groups of people;
(2) The addition behavior in the production of health food and the situation of organizing production according to the technical requirements of registration or filing, as well as the publicity of relevant functions in labels, instructions and publicity materials of health food;
(3) Food producers and operators with high risk of food safety accidents;
(4) Food safety risk monitoring results show that there may be food safety risks.
 
Article 110 The food safety supervision and Administration Department of the people's government at or above the county level shall, in fulfilling its duties of food safety supervision and administration, have the right to take the following measures to supervise and inspect the compliance of producers and operators with this Law:
(1) Entering production and business premises for on-site inspection;
(2) Sampling inspection of food, food additives and food-related products produced and operated;
(3) To consult and reproduce relevant contracts, bills, account books and other relevant materials;
(4) Sealing up or seizing food, food additives and food-related products that have evidence to prove that they do not meet the food safety standards or that there are evidence to prove that there are potential safety hazards and are used for illegal production and operation;
(5) Sealing up places where illegal production and business activities are carried out.
 
Article 111 If the results of food safety risk assessment prove that food has potential safety hazards and food safety standards need to be formulated or revised, before formulating or revising food safety standards, the health administrative department under the State Council shall, in time, work with the relevant departments under the State Council to stipulate the temporary limits and temporary inspection of harmful substances in food. The method of inspection is used as the basis of production, operation and supervision and management.
 
Article 112 The food safety supervision and Administration Department of the people's government at or above the county level may carry out spot checks and inspections of food by means of fast detection methods prescribed by the State in the work of food safety supervision and administration.
Foods that may not meet the food safety standards according to the results of random inspection shall be inspected in accordance with the provisions of Article 87 of this Law. If the results of spot checks confirm that the food concerned does not meet the food safety standards, they can be used as the basis for administrative penalties.

Article 113 The food safety supervision and Administration Department of the people's government at or above the county level shall establish food safety credit files for food producers and operators, record the issuance of licenses, the results of routine supervision and inspection, and the investigation and punishment of illegal acts, publish them to the public according to law and update them in real time; and produce and operate food with bad credit records. Those who increase the frequency of supervision and inspection may notify the competent investment authorities, securities regulatory agencies and relevant financial institutions of food producers and operators with serious violations.
 
Article 114 If food safety hidden dangers exist in the process of food production and operation, and measures have not been taken to eliminate them in time, the food safety supervision and Administration Department of the people's government at or above the county level may conduct responsibility interviews with the legal representatives or principal persons in charge of food production and operation. Food producers and operators should take immediate measures to rectify and eliminate hidden dangers. Responsibility interview and rectification should be included in food safety credit files of food producers and operators.
 
Article 115 The food safety supervision and Administration Department of the people's government at or above the county level shall publish the e-mail address or telephone number of the Department and accept consultation, complaints and reports. Upon receiving consultation, complaints and reports, those who belong to the duties of the Department shall be accepted and promptly answered, verified and handled within the legal time limit; those who do not belong to the duties of the Department shall be handed over to the Department with the power to deal with and shall notify the consultants, complaints and informants in writing. The department with the power to deal with the matter shall deal with it in time within the legal time limit, and shall not pass the buck. A reward shall be given to the informer for verifying the true report.
The relevant departments shall keep the information of the informant confidential and protect the legitimate rights and interests of the informant. Where a whistleblower reports to the enterprise in which he belongs, the enterprise shall not retaliate against the whistleblower by rescinding or changing the labor contract or by other means.
 
Article 116 The food safety supervision and Administration Department of the people's government at or above the county level shall strengthen the training of law enforcement personnel in food safety laws, regulations, standards, professional knowledge and law enforcement capabilities, and organize assessment. Those who do not have the corresponding knowledge and ability shall not engage in food safety law enforcement.
Food producers and operators, food industry associations, consumer associations, etc. who find that food safety law enforcement personnel violate laws and regulations and conduct irregular law enforcement in the process of law enforcement, may complain or report to the food safety supervision and administration department or supervisory organ of the people's government at the corresponding level or at a higher level. Departments or organs that receive complaints or reports shall verify them and notify the departments where food safety law enforcement officers are located. Those suspected of violating laws and disciplines shall be dealt with in accordance with this Law and relevant provisions.
 
Article 117 If the food safety supervision and administration departments of the people's governments at or above the county level fail to discover the systemic risks of food safety in time, and fail to eliminate the hidden dangers of food safety in the supervision and administration areas in time, the people's governments at the corresponding levels may conduct interviews with their principal responsible persons.
If the local people's government fails to fulfill its responsibilities for food safety and fails to eliminate major potential food safety hazards at the regional level in time, the people's government at a higher level may conduct responsibility interviews with its principal responsible persons.
The food safety supervision and management departments and local people's governments interviewed shall take immediate measures to rectify the work of food safety supervision and management.
Responsibility interviews and corrections shall be included in the assessment and assessment records of food safety supervision and management of local people's governments and relevant departments.
 
Article 118 The State establishes a unified food safety information platform and implements a unified publication system for food safety information. The general situation of national food safety, warning information on food safety risks, information on major food safety accidents and their investigation and treatment, and other information determined by the State Council to be published uniformly by the food safety supervision and Administration Department of the State Council. The influence of food safety risk warning information and major food safety accidents and their investigation and treatment information is limited to specific regions, and may also be announced by the food safety supervision and administration departments of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government. The above information shall not be released without authorization.
Food safety supervision and management of people's governments at or above the county level and agricultural administrative departments shall publish daily supervision and management information of food safety in accordance with their respective responsibilities.
Publishing food safety information should be accurate and timely, and necessary explanations should be made to avoid misleading consumers and public opinion.
 
Article 119 When the administrative departments of food safety, health and agriculture of the local people's governments at or above the county level are informed of the information required to be published uniformly in accordance with the provisions of this Law, they shall report it to the competent authorities at a higher level, which shall immediately report to the food safety supervision and Administration Department of the State Council; if necessary, they may report directly to the food safety supervision and Administration Department of the State Council.
People's governments at or above the county level shall inform each other of the food safety information they have learned from each other.
 
Article 120 No unit or individual may fabricate or disseminate false food safety information.
If the food safety supervision and Administration Department of the people's government at or above the county level finds food safety information that may mislead consumers and public opinion, it shall immediately organize relevant departments, specialized agencies, relevant food producers and operators to verify and analyze the information, and publish the results in time.
 Article 121 If the food safety supervision and Administration Department of the people's government at or above the county level finds a suspected food safety crime, it shall promptly transfer the case to the public security organ in accordance with the relevant provisions. For transferred cases, the public security organ shall examine them in time; if it considers that criminal facts need to be investigated for criminal responsibility, it shall file a case for investigation.
In the process of investigating food safety crime cases, public security organs believe that there are no criminal facts, or that the criminal facts are obviously minor, and they need not be investigated for criminal responsibility. However, if administrative responsibility should be investigated according to law, the cases should be transferred to the food safety supervision and management department and the supervisory organ in time, and the relevant departments should handle the cases according to law.
If the public security organ consults the departments of food safety supervision and management, ecological environment and other departments to provide inspection conclusions, identification opinions, and harmless treatment of the articles involved, the relevant departments shall provide timely assistance.
 
Chapter 9 Legal Liability
 
Article 122 Whoever, in violation of the provisions of this Law, engages in food production and marketing activities without obtaining a food production and marketing license, or engages in food additive production activities without obtaining a food additive production license, shall be confiscated by the food safety supervision and Administration Department of the people's government at or above the county level by the food safety supervision and Administration Department of the people's government of the People's Republic of China. Goods such as appliances, equipment and raw materials; food and food additives whose value is less than 10,000 yuan illegally produced and operated shall be fined not less than 50,000 yuan but not more than 100,000 yuan; goods whose value is more than 10,000 yuan shall also be fined not less than 20 times the value of goods.
Whoever knows to engage in the illegal acts specified in the preceding paragraph and still provides them with production and business places or other conditions shall be ordered by the food safety supervision and Administration Department of the people's government at or above the county level to stop the illegal acts, confiscate the illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the legitimate rights and interests of consumers are damaged, they shall bear the responsibility with the producers and operators of food Joint responsibility.
 
Article 123 If a violation of the provisions of this Law occurs under one of the following circumstances and does not constitute a crime, the food safety supervision and Administration Department of the people's government at or above the county level shall confiscate the illegal income and the food produced and operated illegally, and may confiscate the tools, equipment, raw materials and other articles used for illegal production and operation; if the value of the food products illegally produced and operated is less than 10,000 yuan, they shall also be sentenced to 100,000 yuan. A fine of not more than 150,000 yuan or less; a fine of not less than 10,000 yuan or more, and a fine of not less than 15 times or 30 times the value of the goods; if the circumstances are serious, the license shall be revoked, and the persons in charge directly responsible for the goods and other persons directly responsible for the goods may be detained for not less than five days but not more than 15 days by the public security organ:
(1) Producing food from non-food raw materials, adding chemicals other than food additives to food and other substances that may endanger human health, or using recycled food as raw materials to produce food, or operating the above-mentioned food;
(2) The production and operation of main and auxiliary foods for infants and other specific groups whose nutrients do not meet the food safety standards;
(3) To engage in the meat of poultry, livestock, animals and aquatic animals that have died of illness or poisoning or whose cause of death is unknown, or to produce and operate their products;
(4) Operating meat that has not been inspected or that has not been inspected in accordance with the regulations, or producing and Operating meat products that have not been inspected or that have not been inspected;
(5) The state of production and operation explicitly prohibits the production and operation of food products for special needs such as disease prevention;
(6) Production and marketing of food supplemented with medicines.
Whoever knows to engage in the illegal acts prescribed in the preceding paragraph and still provides the place for production and operation or other conditions, shall be ordered by the food safety supervision and Administration Department of the people's government at or above the county level to stop the illegal acts, confiscate the illegal income and impose a fine of more than 100,000 yuan and less than 200,000 yuan; if the legitimate rights and interests of consumers are damaged, they shall bear joint and several liabilities with the food produce
Those who illegally use highly toxic or highly toxic pesticides may be detained by public security organs in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations.
 
Article 124 If a violation of the provisions of this Law occurs in any of the following circumstances and does not constitute a crime, the food safety supervision and Administration Department of the people's government at or above the county level shall confiscate the illegal income and food and food additives illegally produced and operated, and may confiscate the tools, equipment and raw materials used for illegal production and operation; and the value of food and food additives illegally produced and operated. If the amount is less than 10,000 yuan, a fine of more than 50,000 yuan and less than 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of more than 20 times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked:
(1) Production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants that endanger human health, and food and food additives whose contents exceed the food safety standard limits;
(2) Producing food and food additives with food raw materials and food additives exceeding the shelf life, or operating the aforementioned food and food additives;
(3) Production and operation of foods that exceed the limits and use food additives in excess of the limits;
(4) Production and operation of food and food additives that are corrupt, rancid, mouldy, unclean, mixed with foreign bodies, adulterated or abnormal in sensory properties;
(5) Food and food additives with false production dates, expiry dates or expiry dates marked in production and operation;
(6) The production and operation of health food, formula food for special medical purposes, formula milk powder for infants and young children not registered in accordance with regulations, or the production of products not organized in accordance with the technical requirements of registered product formulas and production processes;
(7) The production of infant formula milk powder in separate packages, or the production of different brands of infant formula milk powder in the same enterprise with the same formula;
(8) The use of new food raw materials to produce food or new varieties of food additives has not passed the safety assessment;
(9) Food producers and operators still refuse to recall or stop their operations after the food safety supervision and administration department orders them to recall or stop their operations.
Except for the preceding paragraph and the situations stipulated in Articles 123 and 125 of this Law, the production and operation of food and food additives that do not conform to laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph.
Those who produce new varieties of food-related products, fail to pass the safety assessment, or produce food-related products that do not meet the food safety standards, shall be punished by the food safety supervision and Administration Department of the people's government at or above the county level in accordance with the provisions of paragraph 1.
 
Article 125 In violation of the provisions of this Law, in any of the following circumstances, the food safety supervision and Administration Department of the people's government at or above the county level shall confiscate illegal income and food and food additives illegally produced and operated, and may confiscate tools, equipment, raw materials and other articles used for illegal production and operation; if the value of food and food additives illegally produced and operated is less than 10,000 yuan It shall also be fined not less than 5,000 yuan but not more than 50,000 yuan; if the value of the goods exceeds 10,000 yuan, it shall also be fined not less than 5 times but not more than 10 times the value of the goods; if the circumstances are serious, it shall be ordered to suspend production and business until the permit is revoked:
(1) Production and operation of food and food additives contaminated by packaging materials, containers and means of transport;
(2) Production and operation of unlabeled pre-packaged food, food additives or food additives whose labels and instructions do not conform to the provisions of this Law;
(3) The production and operation of genetically modified foods are not marked in accordance with the regulations;
(4) Food producers and operators purchase or use food raw materials, food additives and food-related products that do not meet food safety standards.
If the labels and instructions of food and food additives produced and operated are defective but do not affect food safety and do not mislead consumers, the food safety supervision and Administration Department of the people's government at or above the county level shall order them to make corrections; if they refuse to make corrections, they shall be fined not more than 2,000 yuan.
 
Article 126 In case of violation of the provisions of this Law, the food safety supervision and Administration Department of the people's government at or above the county level shall order correction and give warning; if it refuses to make corrections, it shall be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, it shall be ordered to suspend production and business until the license is revoked:
(1) The producers of food and food additives fail to inspect the food raw materials purchased and the food and food additives produced in accordance with the regulations;
(2) Food production and marketing enterprises fail to establish food safety management systems in accordance with regulations, or fail to equip or train or assess food safety management personnel in accordance with regulations;
(3) The producers and operators of food and food additives fail to inspect the license and relevant certification documents when they purchase, or fail to establish and abide by the system of inspection records for purchase, inspection records for exit and sales records as required;
(4) Food production and marketing enterprises have not formulated plans for handling food safety accidents;
(5) Tableware, drinking utensils and containers for directly imported food are not cleaned, disinfected or disqualified before use, or catering service facilities and equipment are not regularly maintained, cleaned and verified in accordance with regulations;
(6) Food producers and operators arrange for persons who have not obtained health certificates or who suffer from food safety diseases prescribed by the health administration department under the State Council to engage in the work of contacting directly imported food;
(7) Food dealers fail to sell food in accordance with the stipulated requirements;
(8) Health food production enterprises fail to file with the food safety supervision and administration department in accordance with the regulations or organize production according to the technical requirements of the product formulation and production process for the record;
(9) The infant formula food manufacturer has not submitted food raw materials, food additives, product formulations and labels to the food safety supervision and administration department for the record;
(10) Special food production enterprises fail to establish production quality management system in accordance with regulations and operate effectively, or fail to submit self-examination reports regularly;
(11) Food producers and operators have not regularly inspected and evaluated the food safety situation, or the production and operation conditions have changed, and have not been handled in accordance with the provisions;
(12) Centralized dining units such as schools, kindergartens, pension institutions and construction sites fail to fulfill their responsibilities for food safety management in accordance with regulations;
(13) Food production enterprises and catering service providers fail to formulate and implement production and business process control requirements in accordance with regulations.
Where a service unit for Centralized Disinfection of tableware or drinking utensils violates the provisions of this Law by using detergents or disinfectants, or if the tableware or drinking utensils discharged from the factory fail to pass the inspection as required and are accompanied by a certificate of disinfection conformity, or fail to mark the relevant contents on the independent packaging as required, the health administrative department of the people's government at or above the county level shall, in accordance with the preceding paragraph. Provisions are made for punishment.
If a producer of food-related products fails to inspect the food-related products produced in accordance with the provisions, the food safety supervision and Administration Department of the people's government at or above the county level shall impose penalties in accordance with the provisions of the first paragraph.
If a seller of edible agricultural products violates the provisions of Article 65 of this Law, the food safety supervision and Administration Department of the people's government at or above the county level shall impose penalties in accordance with the provisions of the first paragraph.
 Article 127 Penalties for illegal acts committed by small food production and processing workshops and food vendors shall be implemented in accordance with the specific administrative measures formulated by provinces, autonomous regions and municipalities directly under the Central Government.
 
Article 128 If an accident unit fails to handle or report food safety accidents in violation of the provisions of this Law, the competent authorities concerned shall, in accordance with their respective responsibilities, order it to make corrections and give warnings; if relevant evidence is concealed, forged or destroyed, it shall be ordered to suspend production and business, confiscate its illegal income and impose a penalty of more than 100,000 yuan and more than 50,000 yuan. A fine of less than 100,000 yuan shall be imposed; if serious consequences are caused, the license shall be revoked.
 
Article 129 Any person who violates the provisions of this Law in one of the following circumstances shall be punished by the entry-exit inspection and quarantine organ in accordance with the provisions of Article 124 of this Law:
(1) Providing false materials and importing food, food additives and food-related products that do not conform to China's national food safety standards;
(2) Importing food without national food safety standards, failing to submit the standards for implementation and being examined by the health administration department under the State Council, or importing food produced with new food raw materials, new varieties of imported food additives and new varieties of food-related products, failing to pass safety assessment;
(3) Exporting foodstuffs that fail to comply with the provisions of this Law;
(4) The importer refuses to recall the imported food after the competent authorities have ordered him to recall the imported food in accordance with the provisions of this Law.
In violation of the provisions of this Law, importers who fail to establish and abide by the record system for the import and sale of food and food additives and the auditing system for overseas exporters or production enterprises shall be punished by the entry-exit inspection and quarantine organ in accordance with the provisions of Article 126 of this Law.
 
Article 130 Where, in violation of the provisions of this Law, the organizers of a centralized trading market, over-the-counter renters or exhibitions allow food operators who have not obtained permission according to law to enter the market to sell food, or fail to perform their obligations of inspection and reporting, the food safety supervision and Administration Department of the people's government at or above the county level shall order them to make corrections. The illegal gains shall be confiscated and a fine of more than 50,000 yuan and less than 200,000 yuan shall be imposed; if serious consequences are caused, the business shall be ordered to stop until the license is revoked by the original license issuing department; if the legitimate rights and interests of consumers are damaged, they shall bear joint and several liabilities with the food operators.
If the wholesale market for edible agricultural products violates the provisions of Article 64 of this Law, it shall be liable in accordance with the provisions of the preceding paragraph.
 
Article 131 Where, in violation of the provisions of this Law, the third-party platform providers of online food transactions fail to register, examine and license the food operators who enter the network, or fail to fulfill their obligations of reporting or ceasing to provide online trading platform services, the food safety supervision and Administration Department of the people's government at or above the county level shall order them to make corrections, confiscate their illegal income and impose a penalty of more than 50,000 yuan and 200,000 yuan. A fine of less than RMB yuan; if serious consequences are caused, the business shall be ordered to suspend until the license is revoked by the original license issuing department; if the legitimate rights and interests of consumers are damaged, they shall bear joint and several liabilities with the food operators.
Consumers who purchase food through the third-party platform of online food trading and whose legitimate rights and interests are damaged may claim compensation from food operators or food producers who enter the network. If the third-party platform provider of online food transaction fails to provide the real name, address and effective contact method of the food operator entering the network, it shall be compensated by the third-party platform provider of online food transaction. After the third party platform providers of online food transactions compensate, they have the right to recover the compensation from the food operators or food producers who enter the network. If a third-party platform provider of online food transaction makes a more conducive commitment to consumers, it shall fulfil its commitment.
 
Article 132 Whoever, in violation of the provisions of this Law, fails to store, transport and unload food as required, shall be ordered to make corrections and given warnings by the food safety supervision and administration departments of the people's governments at or above the county level in accordance with their respective responsibilities; if he refuses to make corrections, he shall be ordered to suspend production and business and shall be fined not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, his license shall be revoked.
 
 Article 133 Whoever, in violation of the provisions of this Law, refuses, obstructs or interferes with the relevant departments, institutions and their staff in carrying out food safety supervision and inspection, accident investigation and handling, risk monitoring and risk assessment in accordance with the law shall be ordered by the competent authorities concerned to suspend production and business in accordance with their respective responsibilities, and shall be fined not less than 2,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the license shall be revoked; If a violation of public security administration is committed, the public security organ shall impose penalties on public security administration according to law.
In violation of the provisions of this Law, those who retaliate against the informer by rescinding or changing the labor contract or by other means shall be liable in accordance with the provisions of relevant laws.
 
Article 134 Where a food producer or operator is ordered to suspend production or business or to revoke his license for three times in a year in violation of the provisions of this Law, the food safety supervision and administration department shall order him to suspend production or business until his license is revoked.
 
Article 135 Food producers and operators whose licenses have been revoked and their legal representatives, directly responsible persons in charge and other directly responsible persons shall not apply for food production and operation licenses within five years from the date of the decision on punishment, or engage in the management of food production and operation, or act as food safety administrators of food production and operation enterprises.
If a person is sentenced to fixed-term imprisonment or more for a food safety crime, he shall not engage in the management of food production and operation for life, nor shall he act as a food safety administrator of a food production and operation enterprise.
Where any person employed by a food producer or operator violates the provisions of the preceding two paragraphs, the food safety supervision and Administration Department of the people's government at or above the county level shall revoke the license.
 
Article 136 Food operators who have fulfilled their obligations of inspection and inspection of food purchases as stipulated in this Law and have sufficient evidence to prove that they do not know that the food purchased does not meet the food safety standards and can truthfully explain the source of their purchases may be exempted from punishment, but they shall confiscate food that does not meet the food safety standards according to law; if they cause personal, property or other damage, they shall bear compensation according to law. Liability.
 
Article 137 Where technical institutions and technicians who, in violation of the provisions of this Law, undertake the work of food safety risk monitoring and risk assessment provide false monitoring and assessment information, the persons in charge and technicians directly responsible for the technical institutions shall be dismissed or dismissed according to law; if they are qualified, the competent authorities conferring their qualifications shall revoke their certificates of practice.
 
Article 138 Where a food inspection institution or food inspector, in violation of the provisions of this Law, issues a false inspection report, the competent authority or institution conferring its qualification shall revoke the inspection qualification of the food inspection institution, confiscate the inspection fee collected, and impose a fine of not less than five times but not more than ten times the inspection fee, and the inspection fee shall be less than 10,000 yuan, and also impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. The following fines shall be imposed; the persons directly in charge of the food inspection institutions and the food inspection personnel shall be dismissed or dismissed according to law; if a major food safety accident occurs, the persons directly in charge and the food inspection personnel shall be dismissed.
In violation of the provisions of this Law, personnel of food inspection institutions who have been expelled shall not engage in food inspection within ten years from the date of the decision of the sanction; personnel of food inspection institutions who have been expelled for major food safety accidents due to criminal penalties for food safety violations or false inspection reports shall not engage in food inspection for life. Where a food inspection institution employs persons who are not allowed to engage in food inspection, the competent department or institution conferring the qualification shall revoke the inspection qualification of the food inspection institution.
Where a food inspection institution issues a false inspection report that damages the legitimate rights and interests of consumers, it shall bear joint and several liabilities with the food producers and operators.
 
Article 139 In violation of the provisions of this Law, the certification authority shall issue false certification conclusions, confiscate the certification fees collected by the certification and accreditation supervision and administration department, impose a fine of not less than five times but not more than ten times the certification fees, and impose a fine of not less than 10,000 yuan, and a fine of not less than 50,000 yuan and not more than 100,000 yuan; if the circumstances are serious, the certification authority shall be ordered to suspend its business until the approval documents of the It shall be made public to the public; and its qualification shall be revoked for the persons in charge who are directly responsible and for the certification personnel who are directly responsible.
Where a certification authority issues false certification conclusions that damage the legitimate rights and interests of consumers, it shall bear joint and several liabilities with food producers and operators.

Article 140 Whoever, in violation of the provisions of this Law, makes false propaganda of food in advertisements, deceives consumers, or publishes health food advertisements without obtaining approval documents, whose contents are inconsistent with those of approval documents, shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.
Advertising operators and publishers who design, produce or publish false food advertisements, thereby damaging the legitimate rights and interests of consumers, shall bear joint and several liabilities with food producers and operators.
Where social organizations or other organizations or individuals recommend food to consumers in false advertisements or other false propaganda, thereby damaging the legitimate rights and interests of consumers, they shall bear joint and several liabilities with food producers and operators.
In violation of the provisions of this Law, departments such as food safety supervision and administration, food inspection agencies and food industry associations recommend food to consumers through advertisements or other forms, and consumer organizations recommend food to consumers by charging fees or other means of profit-seeking, the relevant competent authorities shall confiscate the illegal income, and according to law, the persons in charge directly responsible and other persons directly responsible for the food shall be confiscated. They shall be punished for serious mistakes, demotion or dismissal; if the circumstances are serious, they shall be dismissed.
If false propaganda is made on food and the circumstances are serious, the food safety supervision and Administration Department of the people's government at or above the provincial level shall decide to suspend the sale of the food and make it known to the public; if the food is still sold, the food safety supervision and Administration Department of the people's government at or above the county level shall confiscate the illegal income and the food sold illegally and impose a fine of between 20,000 yuan and 50,000 yuan.
 
Article 141 Whoever, in violation of the provisions of this Law, fabricates or disseminates false food safety information and constitutes a violation of public security administration shall be punished by public security organs according to law.
If the media fabricates or disseminates false food safety information, the competent authorities concerned shall impose penalties according to law, and the directly responsible persons and other directly responsible persons shall be punished; if the legitimate rights and interests of citizens, legal persons or other organizations are damaged, they shall bear civil liabilities such as eliminating influence, restoring reputation, compensating losses, compensating and apologizing according to law.
 
Article 142 Where a local people's government at or above the county level commits one of the following acts in violation of this Law, it shall give a serious punishment to the person in charge directly responsible and other persons directly responsible; if the circumstances are serious, it shall be given a punishment of demotion or dismissal; if the circumstances are serious, it shall be given a punishment of dismissal; if the consequences are serious, the principal person in charge shall also take the blame and resign:
(1) Failure to organize and coordinate relevant departments in time to effectively handle food safety incidents occurring within their respective administrative areas, resulting in adverse effects or losses;
(2) Failure to organize and rectify regional food safety problems involving multiple links within their respective administrative areas in a timely manner, resulting in adverse effects or losses;
(3) concealing, falsely reporting or delaying the reporting of food safety accidents;
(4) Particularly serious food safety accidents occur within the administrative region, or major food safety accidents occur continuously.
 
Article 143 If a local people's government at or above the county level commits any of the following acts in violation of the provisions of this Law, it shall give warning, record or record serious mistakes to the persons directly in charge and other persons directly responsible; if serious consequences are caused, it shall be given a punishment of demotion or dismissal:
(1) The responsibility of food safety supervision and management of relevant departments has not been determined, the working mechanism and information sharing mechanism of food safety whole-process supervision and management have not been established and perfected, and the responsibility system of food safety supervision and management has not been implemented;
(2) No emergency plan for food safety accidents has been formulated in the administrative region, or no command organ for handling accidents has been set up immediately after food safety accidents have occurred and emergency plans have been initiated as required.
 
Article 144 If, in violation of the provisions of this Law, the departments of food safety supervision and administration, health administration and agricultural administration of the people's governments at or above the county level commit any of the following acts, they shall be given excessive punishment to the directly responsible persons in charge and other directly responsible persons; if the circumstances are serious, they shall be given a punishment of demotion or dismissal; if the circumstances are serious, they shall be given a punishment of dismissal, which has serious consequences; The principal person in charge should also take the blame and resign:
(1) concealing, falsely reporting or delaying the reporting of food safety accidents;
(2) Failure to investigate and deal with food safety incidents in accordance with regulations, or failure to deal with food safety incidents in a timely manner upon receipt of reports, resulting in the expansion or spread of accidents;
(3) Failure to take appropriate measures in time after the conclusion of food safety risk assessment that food, food additives and food-related products are unsafe has resulted in food safety accidents or adverse social effects;
(4) To grant a license to an applicant who does not meet the requirements, or to grant a license beyond the statutory powers;
(5) Failure to perform the duties of food safety supervision and management leads to food safety accidents.
 
Article 145 If, in violation of the provisions of this Law, the departments of food safety supervision and administration, health administration and agricultural administration of the people's governments at or above the county level commit any of the following acts, which have resulted in adverse consequences, they shall give warning, record or record serious punishments to the directly responsible persons and other directly responsible persons; if the circumstances are serious, they shall be given a punishment of demotion or dismissal; To be expelled:
(1) failing to report to the competent authorities at the higher level and the people's governments at the corresponding level or failing to inform each other in accordance with the provisions after having been informed of the relevant food safety information;
(2) Failure to publish food safety information in accordance with regulations;
(3) Failure to perform legal duties, failure to cooperate in the investigation and punishment of food safety violations, or abuse of power, neglect of duty, and favoritism.
 
Article 146 In fulfilling its duties of food safety supervision and management, the food safety supervision and administration department shall compensate the producers and operators for losses caused by illegal enforcement measures such as inspection and compulsion, and punish the directly responsible persons in charge and other directly responsible persons according to law.
 
Article 147 Anyone who violates the provisions of this Law and causes personal, property or other damage shall be liable for compensation according to law. When the property of producers and operators is insufficient to bear civil liability for compensation and pay fines and fines at the same time, they shall bear civil liability for compensation first.
 
Article 148 If a consumer suffers damage to food that does not meet the food safety standards, he may claim compensation from the operator or from the producer. The producer and operator who receives the consumer's claim for compensation shall adopt the system of first responsibility and pay compensation in advance without prejudice; if it belongs to the producer's responsibility, the operator shall have the right to recourse to the producer after compensation; if it belongs to the operator's responsibility, the producer shall have the right to recourse to the operator after compensation.
In the production of food that does not conform to food safety standards or in the operation of food that does not conform to food safety standards, consumers can also claim compensation for 10 times or 3 times of the price from producers or operators in addition to compensation for losses; if the amount of additional compensation is less than 1,000 yuan, it will be 1,000 yuan. However, food labels and instructions have defects that do not affect food safety and do not mislead consumers.
 
Article 149 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
 
Chapter X Supplementary Provisions
 
Article 150 The meanings of the following terms in this Law:
Food refers to all kinds of finished products and raw materials for human consumption or drinking, as well as articles that are both food and traditional Chinese medicines according to tradition, but do not include articles for therapeutic purposes.
Food safety means that food is non-toxic and harmless, meets the nutritional requirements and does not cause any acute, sub-acute or chronic harm to human health.
Prepackaged food refers to food that is pre-packaged or prepared in packaging materials or containers.
Food additives refer to synthetic or natural substances, including nutrient fortifiers, added to food to improve its quality and color, aroma and taste, as well as to meet the needs of preservation, freshness preservation and processing technology.
Packaging materials and containers used for food refer to paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, glass and other products used for packaging and storing food or food additives, and coatings directly in contact with food or food additives.
Tools and equipment used in food production and operation refer to machinery, pipes, conveyor belts, containers, utensils, tableware, etc., which are in direct contact with food or food additives during the production, sale and use of food or food additives.
 
Detergents and disinfectants used for food refer to substances directly used for washing or disinfecting food, tableware, drinking utensils and tools, equipment or food packaging materials and containers that are in direct contact with food.
The shelf life of food refers to the period during which the quality of food is maintained under specified storage conditions.
Food-borne diseases refer to infectious and poisonous diseases caused by pathogenic factors entering human body, including food poisoning.
Food safety accidents refer to food-borne diseases, food contamination and other accidents which originate from food and are harmful to human health or may be harmful.
 
Article 151 The provisions of other laws and administrative regulations shall apply to the food safety management of genetically modified food and salt that are not provided for in this Law.
 
Article 152 Measures for the management of food safety in railway and civil aviation operations shall be formulated by the food safety supervision and administration department under the State Council in conjunction with the relevant departments under the State Council in accordance with this Law.
Specific measures for the administration of health food shall be formulated by the food safety supervision and administration department under the State Council in accordance with this Law.
Specific measures for the management of production activities of food-related products shall be formulated by the food safety supervision and administration department under the State Council in accordance with this Law.
The supervision and management of food at frontier ports shall be carried out by the entry-exit inspection and quarantine organs in accordance with this Law and the relevant laws and administrative regulations.
Measures for the safety management of food specially used and self-supplied by the armed forces shall be formulated by the Central Military Commission in accordance with this Law.
 
Article 153 The State Council may, according to actual needs, adjust the food safety supervision and management system.
 
Article 154 This Law shall come into force on October 1, 2015.