State Council of the People's Republic of China
Decree No. 721
The “Regulation on the Implementation of the Food Safety Law of the People's Republic of China” was revised in the 42nd executive meeting of the State Council on March 26, 2019. The revised “Regulation on the Implementation of the Food Safety Law of the People's Republic of China” is hereby released and will be implemented since December 1, 2019.
Prime Minister Li Keqiang
October 11, 2019
Regulation on the Implementation of the Food Safety Law of the People's Republic of China
(Released by Decree No. 557 of the State Council of the People's Republic of China on July 20, 2009
Revised according to “Decision of the State Council on Amending Some Administrative Regulations” on February 6, 2016
Revised and approved in the 42nd executive meeting of the State Council on March 26, 2019)
Chapter I General Provisions
Article 1 The Regulation is formulated according to the “Food Safety Law of the People's Republic of China” (hereinafter referred to as the Food Safety Law).
Article 2The food producers and operators shall follow laws, regulations and food safety standards to be engaged in the production and operation, establish and improve the food safety management system and take effective measures to prevent and control the food safety risks to ensure the food safety.
Article 3 The Food Safety Commission of the State Council is responsible for analyzing the food safety trend, studying, deploying and guiding the food safety as a whole, proposing major policy measures for food safety supervision and administration and supervising the implementation of food safety supervision and administration responsibilities. The food safety committees of local people's governments above the county level shall carry out their work in accordance with the responsibilities prescribed by the people's governments at the same level.
Article 4 The local people's governments above the county level shall establish uniform and authoritative food safety supervision and administration system and strengthen the construction of food safety supervision and administration capabilities.
The food safety supervision and administration departments and other related departments of local people's governments above the county level shall perform their responsibilities according to law, strengthen coordination and cooperation and properly supervise and manage the food safety.
The people's governments of township and the subdistrict offices shall support and help the food safety supervision and administration departments of local people's governments and their agencies at the county level to supervise and manage the food safety according to law.
Article 5 The state shall include the food safety knowledge into national quality education, and popularize the scientific and legal knowledge of food safety to improve the food safety awareness of the whole society.
Chapter II Food Safety Risk Monitoring and evaluation
Article 6The health administrative departments of the people's governments above the county level shall establish the food safety risk monitoring consultation mechanism in conjunction with the departments related to food safety supervision and administration, etc. at the same level to summarize and analyze the risk monitoring data and form the food safety risk monitoring analysis reports, which shall be submitted to the people's government at the same level. The health administrative departments of the local people's governments above the county level shall also submit the food safety risk monitoring analysis reports to the health administrative department of the superior people's government.Specific measures for food safety risk monitoring consultation shall be formulated by the health administrative department of the State Council in conjunction with the food safety supervision and administration department, etc. of the State Council.
Article 7 If the food safety risk monitoring results show the hidden danger of food safety, the food safety supervision and administration department, etc. shall make further investigation, and notify the food producers and operators in time if necessary.
The food producers and operators receiving notice shall self-inspect themselves immediately. If discovering that the foods are inconsistent with food safety standards or there is evidence of possible harm to human health, production and operation shall be suspended, foods shall be recalled and relevant information shall be reported as specified in Article 63 of the Food Safety Law.
Article 8 The health administrative department, food safety supervision and administration department, etc. of the State Council shall propose the safety evaluation suggestions for the agricultural administration department of the State Council if discovering the safety evaluation is required for pesticides, fertilizers, veterinary drugs, fodders, feed additives, etc. The agricultural administration department of the State Council shall organize the evaluation in time and report the evaluation results to the relevant departments of the State Council.
Article 9 The food safety supervision and administration department and other related departments of the State Council shall establish the food safety risk information communication mechanism to indicate the content, procedures and requirements of the food safety risk information communication.
Chapter III Food Safety Standards
Article 10The health administrative department of the State Council shall formulate the national standard planning and its annual implementation plan of food safety in conjunction with the food safety supervision and administration department and the agricultural administration department of the State Council.The health administrative department of the State Council shall publish the drafts of the national standard planning and its annual implementation plan of food safety in its website and seek public opinions.
If the local food safety standards are abolished according to law, the health administrative departments of the people's governments in provinces, autonomous regions and municipalities directly under the central government shall publish the abolishment in their websites in time.
Article 12Health foods, formulas for special medical purpose, infant formulas and other special foods are excluded in the local specialty foods, and the local food safety standards cannot be formulated for them.
Article 13After the food safety standards are issued, the food producers and operators may implement the standards and publicize the implementation in advance before the implementation date specified in the food safety standards.
Article 14 Food production enterprises cannot formulate the enterprises standards lower than the national standards or local food safety standards.If the food production enterprises formulate the food safety indexes stricter than the enterprise standards specified in the national standards or local food safety standards, the health administrative departments of the people's governments in provinces, autonomous regions and municipalities directly under the central government shall be reported for filing.
If formulating the enterprise standards, the food production enterprises shall publicize the standards which are free for public look-up.
Chapter IV Food Production and Operation
Article 15The food production and business license shall be valid for 5 years.
If the production and operation conditions of food producers and operators change and are inconsistent with the food production and operation requirements, the food producers and operators shall take rectification measures immediately. If it is necessary to handle the licensing formalities again, the formalities shall be fulfilled according to law.
Article 16 The health administrative department of the State Council shall publish the list of new food raw materials, new varieties of food additives, new varieties of food-related products and applicable national food safety standards.
The health administrative department of the State Council shall update the list of materials which are traditional foods and traditional Chinese medicinal materials in conjunction with the food safety supervision and administration department of the State Council.
Article 17 The food safety supervision and administration department of the State Council shall indicate the basic requirements for traceability in the whole process of food safety in conjunction with the agricultural administrative department of the State Council and guide the food producers and operators to establish and improve the food safety traceability system by information means.
The food safety supervision and administration department and other departments shall regard the traceability system construction of infant formulas and other foods for special group as well as other foods with higher food safety risk or large sales volume as emphasis of supervision and inspection.
Article 18 The food producers and operators shall establish the food safety traceability system, and truthfully record the preserve such information as purchasing inspection, delivery inspection and food sales as per the Food Safety Law to ensure foods are traceable.
Article 19 Major principals of the food production and operation enterprises shall take full responsibility for their food safety, establish and implement their food safety responsibility system, and strengthen the supplier management, purchasing inspection and delivery inspection, production and operation process control, food safety self-inspection, etc.The food safety management personnel of food production and operation enterprises shall assist major principals of enterprises in the food safety management.
Article 20 Food production and operation enterprises shall strengthen the training and assessment for food safety management personnel. The food safety management personnel shall grasp the food safety laws, regulations, standards and specialized knowledge adaptive to their posts and shall be capable of food safety management. The food safety supervision and administration department shall randomly supervise, inspect and assess the food safety management personnel of enterprises. The assessment guide is formulated and released by the food safety supervision and administration department of the State Council.
Article 21 If the producers and operators of foods and food additives entrust the production of foods and food additives, the producers acquiring food production license and food additive production license shall be entrusted for production, and their production behaviors shall be supervised. They shall be responsible for the safety of foods and food additives entrusted for production.The trustee shall produce in accordance with laws, regulations, food safety standards and contractual stipulations, and shall be responsible for production and accept the supervision of the entrusting party.
Article 22 The food producers and operators cannot store the materials specified in the list which is formulated in Article 63 of the Regulation in the places of food production and processing.
Article 23 The irradiation processing of foods shall comply with the national food safety standards, and the foods after the irradiation processing shall be inspected and marked in accordance with the requirements of the national food safety standards.
Article 24 Foods with special requirements for temperature and humidity shall be stored and transported with heat preservation, refrigeration or freezing equipment and facilities, which shall keep running effectively.
Article 25 Where food producers and operators entrust the storage or transportation of foods, they shall review the food safety guarantee ability of the trustee and supervise the trustee to store and transport the foods in accordance with the requirements for ensuring food safety. The trustee shall ensure that the food storage and transportation conditions meet the requirements of food safety and strengthen the management of food storage and transportation processes.
Where the food producers and operators' entrustment of the storage and transportation of foods is accepted, the name, address and contact information of the entrusting party and the consignee shall be recorded truthfully. The record retention period shall not be less than 2 years after storage and transportation of foods.
Non-food producers and operators engaged in food storage business with special requirements for temperature, humidity, etc. shall file with the food safety supervision and administration department of the local people's government at the county level within 30 working days from the date of obtaining the business license.
Article 26 Where a catering service provider entrusts a centralized disinfection service unit of tableware and drinkware to provide cleaning and disinfection services, it shall inspect and retain a copy of the business license and disinfection certificate of the centralized disinfection service unit of the tableware and drinkware. The retention period shall not be less than 6 months after the expiration of the service life of the disinfected tableware and drinkware.
Article 27 The centralized disinfection service unit for tableware and drinkware shall establish a factory inspection record system for tableware and drinkware, truthfully record the quantity, disinfection date and batch number, service life and ex-factory date of the ex-factory tableware and drinkware, and the name, address and contact information of the entrusting party. The retention period of the delivery inspection record shall not be less than 6 months after the expiration of the service life of the disinfected tableware and drinkware. The individual package of tableware and drinkware disinfected shall be marked with the company name, address, contact information, date of disinfection, batch number and service life, etc.
Article 28 The canteens of companies adopting centralized dining such as schools, kindergarten units, nursing institutions for the aged, and construction sites shall implement systems for the control of raw materials, cleaning and disinfection of tableware and drinkware, food sample reserving, etc., and carry out food safety self-examination of canteens on a regular basis in accordance with Article 47 of the Food Safety Law.
If the canteen of a company adopting centralized dining is contracted, it shall obtain a food business license according to law and be responsible for the food safety of the canteen.The company adopting centralized dining shall supervise the contractor to implement the food safety management system and assume management responsibilities.
Article 29 Food producers and operators shall clearly mark or store the foods that have deteriorated, exceeded the shelf life or been recycled in a place with clear signs independently, and take measures such as harmless disposal and destruction in a timely manner and record them truthfully.
The term "recycled food" as used in the Food Safety Law refers to a food that has been sold and recalled or returned due to violation of laws, regulations, or food safety standards or expiration of the warranty period, excluding the foods that can be sold continuously in accordance with the provisions of Clause III, Article 63 of the Food Safety Law.
Article 30 Local people's governments at or above the county level shall construct necessary food harmless disposal and destruction facilities as needed. Food producers and operators can use the facilities built by the government to carry out harmless disposal or destruction of foods in accordance with provisions.
Article 31 The promoters of centralized food trading markets and the organizers of food trade fairs shall report to the food safety supervision and administration department of the local people's government at county level before the opening of the markets or the holding of the trade fairs.
Article 32 The providers of the third-party platforms for online food transactions shall properly keep the registration information and transaction information of the food traders joining the platforms. The food safety supervision and administration department of the local people's government at or above the county level indeed needs to understand the relevant information in conducting food safety supervision and inspection, food safety case investigation and handling, and food safety accident handling, it may require the providers of the third-party platforms for online food transactions to provide the information after approval by its principal. The providers of the third-party platforms for online food transactions shall provide the same as required. The food safety supervision and administration department of the local people's government at or above the county level and its staff shall be obliged to keep confidential the information provided by the providers of the third-party platforms for online food transactions.
Article 33 The production and operation of genetically modified foods shall be marked clearly, and the marking methods shall be formulated by the food safety supervision and administration department of the State Council in conjunction with the agricultural administration department of the State Council.
Article 34 It is forbidden to use any means including meetings, lectures, and health consultations to organize false propaganda on foods. If the food safety supervision and administration department identifies a false propaganda activity, it shall promptly handle it according to law.
Article 35 Where the production process of health foods involves pre-treatment processes such as raw material extraction and purification, the production enterprises shall have the corresponding pre-treatment capacity of raw materials.
Article 36 A production enterprise of special medical formula foods shall carry out lot by lot inspection of the ex-factory products in accordance with the inspection items stipulated by the national food safety standards.
Specific all-nutritional formula foods in formulas for special medical uses shall be sold to consumers through medical institutions or pharmaceutical retailers.Where the medical institutions and pharmaceutical retailers sell the specific all-nutritional formula foods, they do not need to obtain food business licenses, but they shall comply with the Food Safety Law and the provisions of the Regulation on food sales.
Article 37 The advertisements for specific all-nutritional formula foods in formulas for special medical uses shall be managed as prescription drug advertisements, and other types of special medical formula food advertisements shall be managed as over-the-counter advertisements.
Article 38 No food other than health food may claim to have healthcare functions.
Infant formulas supplemented with optional added substances as per the national food safety standards shall not be named after the optional added substances.
Article 39 The contents of the labels and instructions of special foods shall be consistent with those of the registered or filed labels and instructions. For the sale of special foods, the contents of the food labels and instructions shall be checked for consistency with those of the registered or filed labels and instructions. If they are not consistent, they shall not be sold. The food safety supervision and administration department of the local people's government at or above the provincial level shall publish the labels and instructions for the special foods registered or filed on its website.
Special food shall not be placed together with ordinary food or medicine for sale.
Chapter V Food Inspection
Article 40 The sampling inspection of food shall be carried out in accordance with the food safety standards, the technical requirements for the products of the special foods registered or filed, as well as the inspection items and methods determined by the relevant national regulations.
Article 41 Where the foodstuffs that may be adulterated cannot be inspected in accordance with the inspection items and methods stipulated by the existing food safety standards and the provisions of Article 111 of the Food Safety Law and Article 63 of the Regulation, the food safety supervision and administration department of the State Council may formulate supplementary inspection items and methods for sampling inspection of food, investigation of food safety cases and handling of food safety accidents.
Article 42 Where an application for re-inspection is made in accordance with the provisions of Article 88 of the Food Safety Law, the applicant shall pay the re-inspection fee to the re-inspection agency in advance. If the conclusion of the re-inspection indicates that the food is unqualified, the re-inspection fee shall be borne by the re-inspection applicant; if it indicates that the food is qualified, the re-inspection fee shall be borne by the food safety supervision and administration department that performs the sampling inspection.
The re-inspection agency may not refuse to undertake the re-inspection task without just causes.
Article 43 No unit or individual may publish food inspection information issued by a food inspection agency that has not obtained the qualification confirmation according to law, and may not use the above-mentioned inspection information to rank food and food producers and operators, or to deceive or mislead consumers.
Chapter VI Food import and Export
Article 44 importers importing food and food additives shall report to the entry and exit inspection and quarantine institutions in accordance with the provisions, truthfully declare the relevant information of the products, and accompany the certification materials stipulated by laws and administrative regulations.
Article 45 After the imported food arrives at the port, it shall be stored in the place designated or approved by the entry and exit inspection and quarantine institution; if it needs to be moved, necessary safety protection measures shall be taken in accordance with the requirements of the entry and exit inspection and quarantine institution. Bulk imported food shall be inspected at the unloading port.
Article 46 The national entry and exit inspection and quarantine department may, according to the needs of risk management, implement the system of importing some foods at designated ports.
Article 47 The Health Administrative Department under the State Council shall, in accordance with the provisions of Article 93 of the Food Safety Law, examine the relevant national (regional) standards or international standards submitted by overseas exporters, overseas production enterprises or their authorized importers, and if it considers that they meet the requirements of food safety, they shall be allowed for temporary application and published. Before the publication of the applicable standards temporarily, the food that does not have the national food safety standards shall not be imported.
The food covered by the general standard in the national food safety standard does not belong to those that do not have the national food safety standard as stipulated in Article 93 of the Food Safety Law.
Article 48 importers shall establish an examination system for overseas exporters and overseas production enterprises, focus on examining the formulation and implementation of food safety risk control measures by overseas exporters and overseas production enterprises and whether the food exported to China meets the requirements of the Food Safety Law, the Regulation and other relevant laws and administrative regulations as well as the national food safety standards.
Article 49 Where the importer recalls imported food in accordance with the provisions of Paragraph 3, Article 94 of the Food Safety Law, it shall report the recall and treatment of the food to the food safety supervision and administration department of the local people's government at the county level and the local entry-exit inspection and quarantine body.
Article 50 If the national entry-exit inspection and quarantine department finds that the registered overseas food production enterprises no longer meet the registration requirements, it shall order them to make rectifications within the prescribed time limit and suspend the import of the food they produce during the rectification period. If the registration requirements are still not met after rectification, the national entry-exit inspection and quarantine department shall cancel the registration of overseas food production enterprises and make an announcement.
Article 51 Where an enterprise engaging in overseas production enterprise has passed the certification of our Good Manufacturing Practice (GMP), hazard analysis and critical control point system (HACCP), the certification agency shall conduct follow-up investigation according to law. For enterprises that no longer meet the certification requirements, the certification agency shall revoke the certification according to law and announce it to the public.
Article 52 Where a food safety incident occurred outside China may affect China, or serious food safety problems are found in imported food, food additives and food-related products, the national entry-exit inspection and quarantine department shall timely carry out risk warning and may take the following control measures on related food, food additives and food-related products:
(1) Return or destruction;
(2) Restricting imports conditionally;
(3) Suspension or prohibition of import.
Article 53 Production enterprises exporting food and food additives shall ensure that their exported food and food additives meet the standards or contract requirements of the importing country (region); If there are requirements in international treaties and agreements concluded or acceded to by our country, they shall also conform to the requirements of international treaties and agreements.
Chapter VII Responses to Food Safety Incidents
Article 54 Food safety accidents shall be managed at different levels according to the national emergency plan for food safety accidents. The food safety supervision and administration department of the people's government at or above the county level shall be responsible for the investigation and handling of food safety accidents in conjunction with the relevant departments at the same level.
The people's government at or above the county level shall timely revise and improve the emergency plan for food safety accidents according to the actual situation.
Article 55 The people's governments at or above the county level shall improve the emergency management mechanism for food safety accidents, improve emergency equipment, make great efforts in emergency reserve and the construction of emergency teams, and strengthen emergency training and exercises.
Article 56 A unit that has a food safety accident shall immediately take control measures such as sealing up the food and raw materials, tools, equipment and facilities that cause or may cause the food safety accident.
Article 57 After receiving the food safety accident report, the food safety supervision and administration department of the people's government at or above the county level shall immediately investigate and deal with it in conjunction with the health administration and agricultural administration departments at the same level in accordance with the provisions of Article 105 of the Food Safety Law. The food safety supervision and administration department shall protect the food and raw materials, tools, equipment, facilities, etc. sealed by the accident unit. Those that need to be sealed up but have not yet been sealed up by the accident unit shall be sealed up directly or ordered to be sealed up immediately, and the disease prevention and control institution shall be notified to carry out epidemiological investigation on factors related to the accident.
The disease prevention and control institution shall submit an epidemiological investigation report to the food safety supervision and administration department and the health administrative department at the same level after the investigation is completed.
No unit or individual may refuse or obstruct the disease prevention and control institutions to carry out epidemiological investigations.Relevant departments shall assist the disease prevention and control institutions in carrying out epidemiological investigations.
Article 58 The food safety supervision and administration department under the State Council, in conjunction with the departments of health administration and agriculture administration under the State Council, shall regularly analyze the situation of food safety accidents throughout the country, improve the food safety supervision and administration measures, and prevent and reduce the occurrence of accidents.
Chapter VIII Supervision and Administration
Article 59 The food safety supervision and administration department of the people's government at or above the city level divided into districts may, according to the needs of the supervision and administration work, carry out random supervision and inspection on the food producers and operators who are under the daily supervision and administration of the food safety supervision and administration department of the people's government at a lower level, or organize the food safety supervision and administration department of the people's government at a lower level to carry out remote supervision and inspection on the food producers and operators.
The food safety supervision and administration department of the people's government at or above the city level divided into districts may, if they deem it necessary, directly investigate and handle cases of food safety violations under the jurisdiction of the food safety supervision and administration departments of the people's governments at lower levels, or designate other food safety supervision and administration departments of the people's governments at lower levels to investigate and handle such cases.
Article 60 The State shall establish a system of food safety inspectors, relying on existing resources to strengthen the construction of professional inspectors, strengthen examination and training, and improve the professional level of inspectors.
Article 61 The food safety supervision and administration department of the people's government at or above the county level shall, in accordance with the provisions of Article 110 of the Food Safety Law, implement the measures of sealing up and detention, and the period of sealing up and detention shall not exceed 30 days. If the situation is complicated, it may be extended for no more than 45 days upon the approval of the person in charge of the food safety supervision and administration department that implements the sealing up and detention measures.
Article 62 In case of serious consequences caused by the illegal operation of online food business operators or the illegal operation of online food business operators on the third-party platform for online food transactions, the food safety supervision and administration department of the people's government at or above the county level may conduct responsible interviews with the legal representative or principal responsible person of the providers of the third-party platforms for online food transactions.
Article 63 The food safety supervision and administration department under the State Council, in conjunction with the health administration department under the State Council, shall, according to the information on food-borne diseases, food safety risk monitoring information, supervision and administration information, etc., formulate a list and test methods for non-food chemicals and other substances that may endanger human health that are found to be added or may be added to food and publish them.
Article 64 The health administrative department of the local people's government at or above the county level shall supervise and inspect the centralized disinfection service units for tableware and drinkware, and shall promptly investigate and deal with any non-compliance with the requirements of laws, regulations, relevant national standards and relevant health standards. The results of supervision and inspection shall be announced to the public.
Article 65 The State shall implement a reward system for reporting food safety violations, and rewards informants for verified reports. Informants reporting major food safety violations and crimes in their enterprises shall increase their rewards. The competent authorities shall keep confidential the reporters' information and protect their legitimate interests. Measures for rewarding the reporting of food safety violations shall be formulated by the food safety supervision and administration department of the State Council in conjunction with the finance department of the State Council and other relevant departments.
Reward funds for reporting food safety violations shall be included in the budgets of people's governments at all levels.
Article 66 The food safety supervision and administration department of the State Council shall, in conjunction with the relevant departments of the State Council, establish a joint incentive mechanism for keeping promises and a joint disciplinary mechanism for breaking promises. In combination with the credit files of food producers and operators, a blacklist system for serious illegal producers and operators shall be established to link up the credit status of food safety with access, financing, credit and loan, credit investigation, etc. and announce it to the public in a timely manner.
Chapter IX Legal Liabilities
Article 67 In case of any of the following circumstances, the circumstances are as serious as those specified in Articles 123~126 and 132 of Food Safety Law as well as Articles 72 and 73 specified in the Regulation:
(1) The value of the products involved in the illegal act is more than RMB 20,000 yuan or the duration of the illegal act is more than 3 months;
(2) Causing food-borne diseases and deaths, or causing more than 30 food-borne diseases but no deaths;
(3) Deliberately providing false information or concealing the true situation;
(4) Refusal or evasion of supervision and inspection;
(5) Another food safety violation of the same nature within one year after being subject to administrative punishment for violating food safety laws and regulations, or another food safety violation after being subject to criminal punishment for violating food safety laws and regulations;
(6) Other serious cases.
When imposing a fine on an illegal act of a serious nature, the penalty shall be heavier and stricter in accordance with the law.
Article 68 Any of the following circumstances shall be punished in accordance with Paragraph 1 of Article 125 of the Food Safety Law and Article 75 of the Regulation:
(1) Substances in the list formulated in accordance with the provisions of Article 63 of the Regulation are stored at food production and processing sites;
(2) The labels and instructions of foods other than the health food produced and sold claim to have health care functions;
(3) Formula foods for infants and young children are named according to the selective additives specified in the national standards for food safety;
(4) The contents of the labels and instructions of the special food produced and operated are inconsistent with those of the registered or filed labels and instructions.
Article 69 Any of the following circumstances shall be punished in accordance with Paragraph 1 of Article 126 of the Food Safety Law and Article 75 of the Regulation:
(1) Relevant departments accept the entrustment of the food producers and operators to store and transport the food, but fail to record and keep the information in accordance with the provisions;
(2) The food and beverage service providers fail to inspect and retain a copy of the business license of the centralized disinfection service unit for tableware and drinkware and the certificate of disinfection qualification;
(3) The food producers and operators fail to mark or store the deteriorated food, the food that has passed the shelf life or the food that has been recycled in accordance with the provisions, or fail to take measures such as harmless treatment and destruction of the aforesaid food in a timely manner and fail to make truthful records;
(4) Units or individuals other than medical institutions and pharmaceutical retailers sell to special total nutritional formula food in formula food for special medical use to consumers;
(5) Special food is placed together with ordinary food or medicine for sale.
Article 70 Except as provided for in Paragraph 1 of Article 125 and Article 126 of the Food Safety Law, if the production and operation of food producers and operators fails to comply with the provisions of Item 5, Items 7 to 10 of Paragraph 1 of Article 33 of the Food Safety Law, or fails to comply with the national standards for food safety as required by the food production and operation process, the food producers and operators shall be punished in accordance with Paragraph 1 of Article 126 of the Food Safety Law and Article 75 of the Regulation.
Article 71 Where a centralized disinfection service unit for tableware and drinkware fails to establish and abide by the delivery inspection record system in accordance with the provisions, the administrative department of public health of the people's government at or above the county level shall impose a penalty in accordance with the provisions of Paragraph 1 of Article 126 of the Food Safety Law and Article 75 of the Regulation.
Article 72 The food safety supervision and administration department of the local people's government at or above the county level shall order rectification and give a warning to the non-food producers and operators engaged in the food storage business with special requirements for temperature and humidity, the founders of centralized food trading markets and the organizers of food exhibitions who fail to put on record or report in accordance with the relevant provisions. Those who refuse to make corrections shall accept a fine of no less than RMB 10,000 yuan but no more than RMB 50,000 yuan; if the circumstances are serious, the enterprise shall be ordered to suspend production or business, and a fine of no less than RMB 50,000 yuan but no more than RMB 200,000 yuan shall be imposed.
Article 73 Whoever makes false propaganda on food by means of meetings, lectures or health consultations shall be ordered by the food safety supervision and administration department of the local people's government at or above the county level to eliminate the influence, and if there is any illegal income, the illegal income shall be confiscated; If the circumstances are serious, the offender shall be punished in accordance with Paragraph 5 of Article 140 of the Food Safety Law; Where an entity violates the law, the legal representative, the principal responsible person, the person in charge who is directly responsible and other persons who are directly responsible for the entity shall also be punished in accordance with the provisions of Article 75 of the Regulation.
Article 74 Where the food produced and operated by the food producers and operators meets the food safety standards but does not meet the food safety indicators specified in the enterprise standards marked on the food, the food safety supervision and administration department of the local people's government at or above the county level shall give a warning, order the food operators to stop operating the food, and order the food production enterprises to make corrections; If the enterprise refuses to stop its operation or make corrections, the food that does not conform to the food safety indicators specified in the enterprise standards shall be confiscated, and if the value of the food is less than RMB 10,000 yuan, the enterprise shall be fined for no less than RMB 10,000 yuan but no more than RMB 50,000 yuan, and if the value of the food is not less than RMB 10,000 yuan, the enterprise shall be fined for no less than 5 times but no more than 10 times the value of the food.
Article 75 Where a food production and operation enterprise or any other entity is found to be in violation of the provisions of the Food Safety Law, in addition to the penalties imposed in accordance with the provisions of the Food Safety Law, in any of the following cases, the legal representative, principal responsible person, directly responsible person and other directly responsible persons of the unit shall be fined for no less than 1 time but no more than 10 times of the income obtained from the unit in the previous year:
(1) Intentionally committing an illegal act;
(2) The nature of the illegal act is bad;
(3) The illegal act has serious consequences.
The provisions of the preceding paragraph shall not apply to the circumstances specified in Paragraph 2 of Article 125 of the Food Safety Law.
Article 76 If food producers and operators stop production and business operation or carry out food recall or take other effective measures to mitigate or eliminate food safety risks in accordance with the provisions of the first and second paragraphs of Article 63 of the Food Safety Law, and do not cause harmful consequences, the penalty may be lightened or mitigated.
Article 77 The food safety supervision and administration departments of the local people's governments at or above the county level shall promptly transfer the case and relevant materials to the public security organs at the same level in case of any serious violation of the provisions of Article 123 of the Food Safety Law and where administrative detention may be necessary. If the public security organ deems it necessary to supplement the materials, the food safety supervision and administration departments shall provide them in a timely manner. If the public security organ, after examination, finds that the conditions of administrative detention are not met, it shall promptly return the case and relevant materials to the food safety supervision and administration department transferred.
Article 78 Where a public security organ, after examining the fact that there is no crime or after filing a case for investigation, does not consider it necessary to investigate the criminal responsibility of the food safety violations discovered, but should impose administrative detention according to law, it shall promptly make a decision on the punishment of administrative detention; If administrative detention is not necessary but other administrative responsibilities should be investigated according to law, the case and relevant materials shall be transferred to the food safety supervision and administration department at the same level in a timely manner.
Article 79 If the re-inspection institution refuses to undertake the re-inspection task without justifiable reasons, the food safety supervision and administration department of the local people's government at or above the county level shall give a warning. If the re-inspection institution refuses to undertake the re-inspection task twice within one year without justifiable reasons, the relevant department of the State Council shall revoke its qualification as a re-inspection institution and announce it to the public.
Article 80 To promulgate the food inspection information issued by the food inspection agencies that have not obtained the qualification certification according to law, or use the aforesaid inspection information to grade food or food producers and operators, and deceive or mislead consumers, the food safety supervision and administration department of the local people's government at or above the county level shall order them to make corrections. If any illegal income is obtained, the illegal income shall be confiscated and a fine of no less than RMB 100,000 yuan but no more than RMB 500,000 yuan shall be imposed. Whoever refuses to make corrections shall be fined for no less than RMB 500,000 yuan but no more than RMB 1,000,000 yuan; If an act constitutes a violation of public security administration, the public security organ shall impose a penalty for public security administration according to law.
Article 81 Where the food safety supervision and administration department imposes a fine of no less than RMB 300,000 yuan on an illegal unit or individual in accordance with the Food Safety Law and the Regulation, the food safety supervision and administration department of the local people's government at or above the municipal level shall make a decision. The specific power to impose fines shall be prescribed by the food safety supervision and administration department under the State Council.
Article 83 Where the food safety supervision and administration department of the people's government at or above the county level discovers that a unit or individual has fabricated or disseminated false food safety information in violation of the provisions of Paragraph 1 of Article 120 of the Food Safety Law and is suspected of constituting an act in violation of public security administration, the situation shall be notified to the public security organ at the same level.
Article 84 Where the food safety supervision and administration department of the local people's government at or above the county level and its staff members illegally provide information provided by the providers of the third-party platforms for online food transactions to others, they shall be punished in accordance with the provisions of Article 145 of the Food Safety Law.
Article 85 Whoever violates the provisions of the Regulation and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter X Supplementary Provisions
Article 86 The Regulation shall come into force as of December 1, 2019.
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