胭脂扣电影中华人民共和国食品安全法_英文版

2021年1月18日发(作者：我的女儿)







USDA Foreign Agricultural Service
GAIN Report

Global Agriculture Information Network

Template Version 2.09

Voluntary Report - Public distribution
Date: 3/11/2009
GAIN Report Number: CH9019
CH9017
China, Peoples Republic of
FAIRS Subject Report
Food Safety Law of the People's Republic of China
2009


Approved by:
William Westman
AgBeijing
Prepared by:
Mark Petry and Wu Bugang


Report Highlights:
On February 28, China’s National People’s Congress (NPC) Standing Committee passed the
first comprehensive Food Safety Law (FSL) after five years of drafting. The FSL will go into
effect on June 1, 2009. This report is an UNOFFICIAL translation of this law.


Includes PSD Changes: No
Includes Trade Matrix: No
Annual Report
Beijing [CH1]
[CH]
GAIN Report - CH9019 Page 2 of 21

Executive Summary: On February 28, China’s National People’s Congress (NPC) Standing
Committee passed the first comprehensive Food Safety Law (FSL) after five years of drafting;
the first draft was read in December 2007. The FSL will go into effect on June 1, 2009. For
the first time, the Chinese Government uses Western terminology in calling for food safety
regulation “from the production line to the dining table.” Key organizational provisions create
a state-level Food Safety Commission to oversee food-safety monitoring. This Commission
will be composed of members from the Ministry of Health (MOH), Ministry of Agriculture
(MOA), General Administration for Quality Supervision, Inspection and Quarantine (AQSIQ),
State Food and Drug Administration (SFDA) and the State Administration for Industry and
Commerce (SAIC). Other key provisions deal with supervision, monitoring, enforcement,
recall, trace back, licensing, registration, and development of standards and regulations.

A complete analysis of this law is provided in GAIN Report CH9018. This report is an
UNOFFICIAL translation of this law.




BEGIN TRANSLATION

Food Safety Law of the People’s Republic of China
The Food Safety Law of the People’s Republic of China has been adopted at the 7
th
Session of
the 11
th
Standing Committee of the National People’s Congress of the People’s Republic of
China on February 28, 2009, is now issued, and shall be effective as of June 1, 2009.
President of the People’s Republic of China
Hu Jintao
February 28, 2009


Food Safety Law of the People’s Republic of China
(adopted at the 7
th
Session of the 11
th
Standing Committee of the National People’s Congress
of the People’s Republic of China on February 28, 2009)
Table of Content
Chapter 1. General Provisions
Chapter 2. Surveillance and Assessment of Food Safety Risks
Chapter 3. Food Safety Standards
Chapter 4. Food Production and Trade
Chapter 5. Inspection and Testing of Food
Chapter 6. Food Import and Export
Chapter 7. Response to Food Safety Incidents
Chapter 8. Supervision and Administration
Chapter 9. Legal Liabilities
Chapter 10. Supplementary Provisions
UNCLASSIFIED USDA Foreign Agricultural Service
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Food Safety Law of the People’s Republic of China
Chapter 1: General Provisions
Page 3 of 21
Article 1 This Law is formulated to assure food safety and safeguard people's health and life.
Article 2 The following business activities carried out within the territory of the People's
Republic of China shall abide by this law:
1) Food production and processing (hereinafter referred to as “Food Production”); food
distribution and catering service (hereinafter referred to as “Food Trading”);
2) Production and trading of food additives;
3) Production and trading of packing materials, vessels, detergents and disinfectants for
food, as well as utensils and equipment used in food production and trading (hereafter
referred to as “Food-Related Products”);
4) Food additives and food-related products used by food producers and traders;
5) Safety management of food, food additives and food- related products.
The quality and safety management of primary agricultural products for consumption
(hereinafter referred to as “Edible Agricultural Products”) shall abide by the Law of the
People’s Republic of China on Quality and Safety of Agricultural Products. However, this
Law must be observed when developing quality and safety standards and releasing food
safety information on edible agricultural products.
Article 3 Food producers and traders shall strictly follow relevant laws, regulations and food
safety standards in their business activities, be responsible for the public, ensure the food
safety, receive the supervision of the public, and bear the social responsibility.
Article 4 The State Council shall establish a Food Safety Committee whose
responsibilities will be determined by the State Council.
The executive department of health under the State Council is responsible for the
overall food safety coordination, risk assessment of food safety, formulation of food
safety standards, release of food safety information, development of accreditation
criteria for food testing agencies and testing specifications, and the organization of
investigation of and response to major food safety accidents.
The regulatory departments for quality supervision, industry and commerce
administration, and food and drug administration under the State Council shall regulate
food production, food distribution, and catering service, respectively, in accordance with
this law and the responsibilities identified by the State Council.
Article 5 Local people's governments at and above the county level shall take integrated
responsibility, leadership, organization, and coordination roles in regulating food safety within
their jurisdiction and shall establish and hone a mechanism on the regulation of food safety
during the whole food chain; take the integrated leadership and guidance role in dealing with
food safety emergencies; develop and enforce a food safety accountability system that
evaluates and examines the regulatory agencies related to food safety.
The local People’s Government at the county level or above shall define the regulatory
responsibilities relating to food safety for the executive departments on health,
agriculture, quality supervision, industry and commerce, and food and drug
administration in accordance with this Law and the State Council regulations. The
relevant departments shall be responsible for the regulatory work on food safety within
their respective jurisdiction.
Agencies that are established by subordinate administrative divisions of a higher level
government and are located in a lower level administrative region shall carry out the
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regulatory responsibilities of food safety under the integrated organization and coordination
of the lower level government.
Article 6 The administrative departments of health, agriculture, quality supervision,
industry and commerce, and food and drug administration at the county level or above
shall enhance communication, coordination, exercise the rights and bear the
responsibilities in accordance with their respective duties.
Article 7 Food industry associations shall tighten the self-discipline of the industry, and
guide food producers and traders to produce and trade according to law, facilitate the
construction of industry creditability, and publicize and spread knowledge related to food
safety.
Article 8 The State encourages social and community groups to conduct educational
activities regarding food safety laws and regulations, food safety standards and knowledge,
to advocate healthy diets, and to raise consumers’ food safety awareness and self-protection
ability.
The media shall publicize food safety laws, regulations, standards and knowledge for free
and provide public oversight on acts that violate the Law.
Article 9 The State encourages and supports basic and applied research related to food
safety and encourages and supports food producers and traders to adopt advanced
technologies and management practices for the sake of enhanced food safety.
Article 10 Any organization or individual has the right to report any act during food
production and trade that violates this Law and has the right to inquire food safety
information from relevant agencies and provide comments and suggestions about food safety
regulation.
Chapter 2: Surveillance and Assessment of Food Safety Risks
Article 11 A national surveillance system for food safety risks shall be established to monitor
food-borne diseases, food contamination and other food-related hazards.
The executive department of health under the State Council, in conjunction with other
relevant departments of the State Council, shall formulate and enforce a national surveillance
plan on food safety risks. The executive departments of health at the people’s governments
of provinces, autonomous regions and municipalities directly under the central government
shall formulate and enforce surveillance plans on food safety risks within their respective
jurisdiction in accordance with the national surveillance plan on food safety risks and taking
into account regional particularities.
Article 12 The executive departments on agriculture, quality supervision, industry and
commerce, and food and drug administration under the State Council shall immediately
report to the executive department of health under the State Council after hearing any
information on food safety risks. The executive department of health under the State
Council shall in a timely manner adjust the surveillance plan on food safety risks upon
verification of the information with other relevant authorities.
Article 13 A national assessment mechanism for food safety risks shall be established to
assess the risks on biological, chemical and physical hazards in foods and food additives.
The executive department of health under the State Council shall be responsible for
organizing food safety risk assessments. An expert committee on food safety risk
assessment which is composed of experts on medical science, agriculture, food, and nutrition,
shall be established to conduct the food safety risk assessment.
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The safety assessment of pesticides, fertilizers, growth regulators, animal drugs, feed and
feed additives shall be attended by experts from the expert committee on food safety
risk assessment.
The food safety risk assessment shall be conducted on the basis of scientific methods,
information of food safety risk surveillance, scientific data, and other relevant information.
Article 14 The executive department of health under the State Council, upon discovering
any possible safety problem through food safety risk surveillance or reports of other parties,
shall immediately organize inspection and food safety risk assessment.
Article 15 The executive departments for agriculture, quality supervision, industry and
commerce administration, and food and drug administration under the State Council shall
make suggestions on food safety risk assessment and provide the relevant information
and documents.
The executive department of health under the State Council shall inform the relevant
departments of the State Council of the food safety risk assessment results in a timely
manner.
Article 16 Food safety risk assessment results shall be the scientific basis for developing and
modifying food safety standards, as well as regulating food safety.
In case the food safety risk assessment concludes that a food is unsafe, the executive
departments for quality supervision, industry and commerce, and food and drug
administration under the State Council shall immediately take corresponding actions within
their respective duties to ensure termination of the food production and trade inform
consumers to stop consumption of the food; if necessary, the executive department of health
under the State Council shall immediately formulate or modify the relevant food safety
national standards.
Article 17 The executive department of health under the State Council shall, in conjunction
with relevant State Council departments, conduct comprehensive analyses of the food safety
situation according to the result of food safety risk assessments and food safety regulatory
information. For foods with high potential risks as a result of the comprehensive analyses,
the executive department of health under the State Council shall issue food safety alerts to
the public in a timely manner.
Chapter 3: Food Safety Standards
Article 18 The food safety standards shall be intended to safeguard the public health,
to be scientific, reasonable, safe and reliable.
Article 19 Food safety standards are mandatory. Except for the food safety standards, no
other mandatory standards for food shall be developed.
Article 20 Food safety standards shall include the following:
1) The limits of pathogenic microorganisms, pesticide residues, veterinary drug residues,
heavy metals, contaminants, and other substances hazardous to human health in food
and food-related products;
2) Varieties, scope of application, and dose of food additives;
3) Requirements for nutritional ingredients in staple and supplementary food dedicated to
babies and other specific populations;
4) Requirements for labeling, identification and instructions relevant to food safety and
nutrition;
5) Hygienic requirements for food production and trading processes;
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6) Quality requirements related to food safety;
7) Methods and procedures for food testing; and
8) Other particulars necessary for developing food safety standards.
Page 6 of 21
Article 21 The executive department of health under the State Council shall be responsible
for developing and publicizing national food safety standards and the standardization
administrative department under the State Council shall provide the national standard
number.
The limits of pesticide residue and veterinary drug residue in food and their testing methods
and procedures shall be developed by the executive department of health and agriculture
under the State Council.
The testing procedures for slaughtering livestock and poultry shall be developed by the
competent authorities under the State Council in conjunction with the executive department
of health under the State Council.
In case a product’s national standard involves the national food safety standard, it shall
be consistent with the national food safety standard.
Article 22 The executive department of health under the State Council shall
consolidate the mandatory standards among existing quality and safety standards for
edible agricultural products, food hygiene standards, food quality standards, and
relevant industry standards related to food and issue unified national food safety
standards.
Before issuance of the national food safety standards specified in the Law, food
producers and traders shall produce or trade food based on existing quality and safety
standards for edible agricultural products, food hygiene standards, food quality
standards, and relevant industry standards related to food.
Article 23 The national food safety standards shall be reviewed and approved by the
national food safety standard evaluation committee which is composed of experts in
medicine, agriculture, food, and nutrition as well as representatives from relevant
departments under the State Council.
The formulation of national food safety standards shall base on the results of food safety risk
assessments and take full account of the results of quality and safety risk assessments for
edible agricultural products, shall reference to the relevant international standards and the
results of international food safety risk assessments, and shall solicit extensively the opinions
from food producers, traders, and consumers.
Article 24 In the absence of a national food safety standard, a local food safety
standard may be developed.
The executive departments of the people’s governments at the provincial, autonomous
region, and municipal levels shall organize the drafting of local food safety standards with
reference to the provisions of this Law regarding formulation of national food safety
standards and report to the executive department of health under the State Council for
record.
Article 25 In the absence of a national or local food safety standard, the food enterprise
may develop an enterprise standard as this basis for production. The State encourages food
enterprises to develop enterprise standards more stringent than the national or local food
safety standards. The enterprise standard is applicable only to the enterprise and shall be
reported to the executive department of health at the provincial level for record.
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Article 26 Food safety standards shall be accessible by the public for free.
Chapter 4: Food Production and Trade
Article 27 Any food production or trading activities shall comply with food safety standards
and the following requirements:
1) Have appropriate places for raw material treatment and food processing, packaging, and
storage that are suitable for the variety and quantity of the food being produced or
traded, make the environment tidy, and keep a required distance away from toxic or
hazardous places, and other contamination sources.
2) Have appropriate production or trading equipment or facilities that are suitable for the
variety and quantity of the food being produced or traded, have appropriate equipment
or facilities for disinfection, changing clothes, cleansing, lighting, ventilation,
anticorrosion, dust- proofing, fly-proofing, rat-proofing, pest- proofing, washing, and
drainage of wastewater, and deposit of garbage and wastes.
3) Have technical staff on food safety, management personnel, and the rules and
regulations to ensure food safety;
4) Have reasonable equipment layout and operational flow to prevent cross-contamination
between unprocessed foods and direct consumption foods, between raw materials and
finished products, and to avoid food contacting with toxic or dirty items;
5) Wash and sterilize the tableware, kitchenware, and containers holding direct
consumption food before use, and wash and clean the kitchenware and utensils after use;
6) Use safe and harmless containers, tools, and equipment for food storage, transportation,
and loading/unloading, keep them clean and avoid food contamination, comply with
special requirements such as temperature for food safety purposes, and never transport
food with toxic or harmful items;
7) Use small packages or nontoxic and clean packaging materials and tableware for direct
consumption food;
8) Food producers and traders shall maintain personal hygiene, clean their hands, and dress
in clean clothing and cap; use sterilized and clean vending tools for direct consumption
food without a package;
9) Use water that complies with the national hygienic standard for drinking water;
10) Use detergents and disinfectors that are safe and harmless to the human body;
11) Other requirements stipulated by laws and regulations.
Article 28 Production and trading of the following foods are prohibited:
1) Food made with non-food raw material or added with chemicals other than food
additives or other substances possibly hazardous to human health, or food produced
from recycled food as raw materials;
2) Food with content of pathogenic microorganisms, pesticide residues, veterinary drug
residues, heavy metals, contaminants, and other substances of possible hazards to
human health exceeding the limits of the food safety standards;
3) The nutritional ingredients for staple and supplementary food dedicated to babies and
other specific populations fail to comply with food safety standards;
4) Food which is rotten or spoiled, has rancid fat, contains mold or insects, is dirty or
contaminated, contains foreign matters, has been adulterated, or displays abnormal
sensory indication;
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5) Meat or meat products of poultry, livestock, animals, or aquatic animals that die from
disease, poison, or any unidentified causes;
6) Meat or meat products that have not been inspected and quarantined by animal health
supervisory agencies or have failed to pass such inspection and quarantine;
7) Food contaminated by packaging materials, containers or means of transport;
8) Food exceeding the shelf life;
9) Pre-packaged products without labels;
10) Food expressly prohibited by the State from production and trading for special purposes
such as disease prevention;
11) Other food failing to meet food safety standards or requirements.
Article 29 The State implements a licensing system for food production and trading. Any
organization or individual shall obtain a food production license, food distribution license, or
catering service license according to law before engaging in food production, food distribution,
or catering service.
Food producers having a food production license are not required to obtain a food
distribution license when selling foods produced by themselves at their production
premises; catering service providers having a catering service license are not required
to obtain a food production or distribution license when selling foods produced by
themselves at their service premises; farmers are not required to obtain a food
distribution license when selling edible agricultural products produced by themselves.
Small food workshops and food vendors that engage in food production and trading
activities shall comply with the food safety requirements of the Law suitable for their
production or trading scale and conditions ensure that the food being produced or
traded are clean, nontoxic and harmless. The relevant authorities shall strengthen the
supervision and management over these individuals. Detailed management measures
shall be developed in accordance with the Law by the standing committees of the
People’s Congress at the provincial, autonomous region, and municipal levels.
Article 30 The People’s Governments at the county level or above shall encourage
small food workshops to improve the production conditions and encourage food vendors
to trade in fixed locations, such as centralized markets and shops.
Article 31 The executive departments of health, agriculture, quality supervision,
industry and commerce, and food and drug administration at the county level or above
shall review applicants’ documents as required by Article 27.1 – 4 of the Law in accordance
with the Law of the People’s Republic of China on Administrative Licensing, and shall inspect
the applicant’s production or trading place if necessary. For applicants that comply with the
requirements, a license shall be granted; for those that fail to comply with the requirements,
a license shall not be granted with reasons in writing.
Article 32 Food producers and traders shall establish a food safety management system,
strengthen the training of the employees on food safety knowledge, assign the full-time or
part-time food safety management personnel, properly conduct inspection of the foods for
operation and conduct the food production and trading according to law.
Article 33 The State encourages food producers and traders to comply with good
manufacturing practices (GMP) and to implement the Hazard Analysis and Critical Control
Point (HACCP) system in order to improve food safety management level.
For food enterprises having been certified with GMP and HACCP, the certification
institutions shall conduct the follow-up investigations according to law; for those failing
to comply with the certification requirements, the certification institutions shall cancel
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the certificate according to law and report in a timely manner to the authorities of
quality supervision, industry and commerce, and food and drug administration, and
notify the public. The certification institution shall not charge any fees for the follow-up
investigation.
Article 34 Food producers and traders shall establish and implement an employee health
management system. Anyone who suffers from an infectious disease of digestive tract, such
as dysentery, typhoid, or virus hepatitis, active tuberculosis, and purulent or weeping skin
diseases that adversely affect food safety must not engage in work in direct contact with
food for consumption.
The personnel involved in food production and trading shall take a medical check-up
each year, and can work only after they have obtained a health certificate.
Article 35 The producers of edible agricultural products shall apply agricultural inputs
such as pesticides, fertilizers, growth regulators, veterinary drugs, feed, and feed
additives in accordance with food safety standards and relevant State regulations.
Enterprises and specialized farmer cooperatives that produce edible agricultural
products shall establish a production record for the edible agricultural product.
The executive department of agriculture at the county level or above shall enhance the
management and guidance on the application of agricultural inputs and establish and
improve a safe application system for agricultural inputs.
Article 36 Food producers shall check the license of the supplier and compliance
certificate of the product when purchasing food raw materials, food additives, and food-
related products. In the absence of a compliance certificate, the food raw material shall be
tested in accordance with food safety standards. Food producers shall not purchase or use
raw materials, food additives, and food- related products that do not comply with the food
safety standards.
Food producers shall establish a verification record for incoming food raw materials, food
additives, and food- related products, indicating such information as name, specification,
quantity, supplier name and contact information, and purchase date of food raw materials,
food additives, and food- related products.
The verification record for food raw material, food additives, and food- related products shall
be true and be kept for at least two years.
Article 37 Food producers shall establish and maintain an inspection record for outgoing
food that verifies inspection certificates and safety status of the outgoing food. It shall truly
record such information as name, specification, quantity, production date, batch number,
inspection certificate number, name and contact information of the purchaser, and sale date.
The inspection record for outgoing food shall be true and be kept for at least two years.
Article 38 Producers of food raw materials, food additives, or food-related products shall
inspect the food raw materials, food additives, or food-related products being produced in
accordance with food safety standards and the products can exit the factory or be sold only
after they have passed the inspections.
Article 39 Food traders shall check the license of the supplier and compliance
certificate of the food when purchasing a food item.
Food trading enterprises shall establish and maintain an inspection record for incoming food
that truly indicate such information as name, specification, quantity, production date, batch
number, shelf life, name and contact information of the supplier, and purchase date.
The inspection record for incoming food shall be true and be kept for at least two years.
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For food trading enterprises that adopt a centralized distribution model, the
headquarters of the enterprises may centrally check the license of the supplier and
compliance certificates of the food and create an inspection record for incoming food
products.
Article 40 Food traders shall store food in accordance with food safety assurance
requirements, and regularly check the food in storage and remove the spoiled or outdated
food in a timely manner.
Article 41 Food traders shall indicate at the storage facility such information as food name,
production date, shelf life, and name and contact information of the producer when storing
food in bulk.
Food traders shall indicate on the container or external package the food name, production
date, shelf life, and name and contact information of the trader when selling food in bulk.
Article 42 Pre-packaged food shall be labeled on the package, which indicate the following:
1) Name, specification, net content, and date of production;
2) Table of ingredients or formulation;
3) Producer name, address and contact information;
4) Shelf life;
5) Code of product standard(s);
6) Storage requirements;
7) Generic name of the food additives as used in the national standard;
8) Production License Number; and
9) Other information that must be indicated in accordance with applicable laws, regulations,
and food safety standards.
The labels of staple and supplementary food dedicated to babies and other specific
populations shall also indicate main nutritional ingredients and their contents.
Article 43 The State adopts a licensing system for the production of food additives. The
conditions and procedures of applying for a food additive production license shall be
implemented in accordance with the relevant State regulations governing the administration
of production licensing for industrial products.
Article 44 Any organization or individual applying for production of novel foods, new food
additive varieties, or new food-related products shall submit the assessment materials
relative to the product to the executive department of health under the State Council. The
executive department of health under the State Council shall organize a review of the safety
assessment materials within sixty (60) days upon receipt of the application. For applications
that comply with food safety requirements, a license shall be granted and made public. For
applications that fail to comply with the safety requirements, a license shall not be granted
with an explanatory note in writing.
Article 45 A food additive can be incorporated into the scope permitted for use only
after it is technically required and proven to be safe and reliable through the risk
assessment. The executive department of health under the State Council shall timely
revise the standards on varieties, scope of application, and dosage levels of food
additives in accordance with technical necessity and the results of food safety
assessments.
Article 46 Food producers shall apply food additives in accordance with food safety
standards governing food additive varieties, scope of application and dosage levels and
UNCLASSIFIED USDA Foreign Agricultural Service