2015中华人民共和国食品安全法(参考英文版).pdf

1、WWW.FOODMATE.NET The English version is translated by FOODMATE for reference only, More information, please check our website. BEIJING, April 24 (Xinhua) Food Safety Law of the Peoples Republic of China (Adopted at the 7th Session of the 11th Standing Committee of the National Peoples Congress of th

2、e Peoples Republic of China on February 28, 2009 and revised at the 14th Session of the 12th Standing Committee of the National Peoples Congress of the Peoples Republic of China on April 24, 2015) Table of Content Chapter 1: General Principles Chapter 2: Food Safety Risk Surveillance and Assessment

3、Chapter 3: Food Safety Standards Chapter 4: Food Production and Trading Section 1: General Provisions Section 2: Process Control of Production and Trading Section 3: Label, Product Description and Advertisement Section 4: Special Foods Chapter 5: Food Testing Chapter 6: Food Import and Export Chapte

4、r 7: Handling of Food Safety Incidents Chapter 8 Supervision and Administration Chapter 9: Legal Liabilities Chapter 10: Supplementary Provisions Chapter 1: General Principles Article 1 This Law is formulated to assure food safety and safeguard peoples health and life. Article 2 The following busine

5、ss activities carried out within the territory of the Peoples Republic of China shall abide by this Law: 1) Food production and processing (hereinafter referred to as “food production”); food sales and catering service (hereinafter referred to as “trading”); 2) Production and trading of food additiv

6、es; WWW.FOODMATE.NET The English version is translated by FOODMATE for reference only, More information, please check our website. 3) Production and trading of packing materials, containers, detergents/disinfectants for foods, as well as tools and equipment used in food production and trading (herea

7、fter referred to as “food-related products”); 4) Food additives and food-related products used by food producers and traders; 5) Food storage and transportation; 6) Safety management of food, food additives and food-related products. The quality and safety management of primary agricultural products

8、 for consumption (hereinafter referred to as “edible agricultural products”) shall abide by the Law of the Peoples Republic of China on Quality and Safety of Agricultural Products. However, the marketing and sales of edible agricultural products, development of relevant quality safety standards and

9、publishing of relevant safety information as well as the quality and safety management of agricultural inputs covered by this Law shall abide by this Law. Article 3 Food safety work shall follow the principles of “putting prevention first, risk-based management, whole-process control, and making eff

10、orts by the whole society”, aiming to establish the scientific and strict supervision and administration system. Article 4 Food producers and traders shall take responsibilities for food produced and traded. Food producers and traders shall follow laws, regulations and food safety standards in their

11、 operation. They are required to ensure the food safety, be honest and self-disciplined, be responsible for the society and the public, accept supervision and administration be the public, and bear the social responsibilities. Article 5 The State Council establishes the Food Safety Committee, and as

12、signs responsibilities to the Committee. The China Food and Drug Administration (CFDA) under the State Council, in accordance with this Law and the responsibilities identified by the State Council, supervision and administrations food production and trading activities. The State Council health admin

13、istrative department (the National Health and Family Planning Commission, NHFPC), in accordance with this Law and the responsibilities identified by the State Council, conducts food safety risk surveillance, risk assessment, and develops and publishes national food safety standards jointly with the

14、CFDA. Other ministries under the State Council shall undertake relevant food safety work in accordance with this Law and responsibilities identified by the State Council. Article 6 County and above level governments shall be responsible for the food safety supervision and management in the region; i

15、t shall lead, organize and coordinate food safety supervision and administration work, as well as respond to food safety incidents, establish/improve the whole process food safety management mechanism and the information sharing mechanism. County and above level governments, in accordance with this

16、Law and provisions of the State Council, determines the responsibilities of the food and drug administration, the health administrative department and other relevant departments of the same levels; relevant departments shall be responsible for food safety supervision and administration accordingly.

17、The county-level food and drug administration could establish resident agencies in towns or certain districts. WWW.FOODMATE.NET The English version is translated by FOODMATE for reference only, More information, please check our website. Article 7 The county and above level governments shall enforce

18、 the food safety accountability system. Higher level government evaluates and appraises the food safety supervision and administration work by the lower level governments. County and above level governments shall evaluate and appraise food safety supervision and administration work by the food and d

19、rug administration and other departments of the same level. Article 8 The county and above level governments shall incorporate food safety work into the local economic and social development plan, include the expenses for food safety work into the government financial budget, reinforce capacity buil

20、ding for food safety supervision and administration, and provide necessary supports to safeguard food safety works. The county and above level food and drug administration and other relevant departments shall strengthen communication and coordination, exercise the rights and bear the responsibilitie

21、s. Article 9 Food industry associations shall play multiple roles, such as reinforce self-discipline of the industry, establish the industry rules and the awarding/penalty mechanism pursuant to their charters, provide services such as food safety information and technologies, guide and motivate food

22、 producers and traders to engage in production and trading according to laws, promote the credit building of industry, publish/popularize food safety information, etc. Consumer associations or other consumer organizations are the social powers that oversight activities that violate this Law and harm

23、 the consumers lawful rights. Article 10 The governments at all levels shall strengthen public education of food safety, encourages social organizations, community groups and food producers/traders to conduct educational activities regarding food safety laws and regulations, standards and knowledge,

24、 to advocate healthy diets, and to raise consumers food safety awareness and self-protection. The media shall launch publicity for the food safety laws, regulations, standards and knowledge, and provide public oversight on acts that violate the Law. Publicity and reports of food safety issues shall

25、be truthful and fair. Article 11 China encourages and supports basic and applied research related to food safety; food producers and traders are encouraged and supported to adopt advanced technologies and management practices to improve food safety. China puts in practice strict management systems o

26、n the use of pesticides, expedites the obsolete of extreme poisonous pesticides, highly toxic pesticides and high-persistent pesticides, promotes the development and application of alternative products and encourages the use of high-effective, low-toxic and less-persistent pesticides. Article 12 Any

27、 organization or individual has the right to report violations to food safety; they have the lawful right to inquire food safety information from relevant government agencies and provide comments and suggestions about food safety supervision and administration work. Article 13 Any entity and individ

28、ual that have made outstanding contributions in the work of guaranteeing food safety shall be commended and rewarded in accordance with the relevant national provisions. Chapter 2: Food Safety Risk Surveillance and Assessment Article 14 China establishes the food safety risk surveillance system, whi

29、ch monitors food-borne diseases, food contamination and other food-related hazards. WWW.FOODMATE.NET The English version is translated by FOODMATE for reference only, More information, please check our website. NHFPC, CFDA and AQSIQ jointly develop and enforce the national food safety risk surveilla

30、nce plan. CFDA and other ministries, obtaining information of food safety risks, shall verify such information immediately and notify the NHFPC. The NHFPC, receiving notifies of food safety risks, food-borne diseases by the medical institutes, etc., will work with relevant ministries and carry out r

31、esearch and analysis. If deems necessary, the national food safety risk surveillance plan will be adjusted. Based on the national surveillance plan, the provincial, autonomous regional and municipal health administrative department, jointly with the food and drug administration and the quality super

32、vision department at the same level, shall formulate and adjust the regional food safety risk surveillance plan that takes into account the regional particularities, file the surveillance plan to the NHFPC for record and execute the plan. Article 15 The technical institute shall carry out the food s

33、afety risk surveillance work pursuant to the surveillance plan and work program to guarantee truthfulness and accuracy of the surveillance data; the surveillance data and analysis results shall be reported pursuant to the surveillance plan and the work program. Food safety risk surveillance official

34、s have right to enter farms growing/breeding edible agriculture products and food production/trading facilities to collect data and samples. The collected sample shall be paid at market price. Article 16 In the event that surveillance result reveals possible food safety risks, the county and above l

35、evel health administrative department shall notify the information to the food and drug administration, the government of the same level, and the higher level health administrative department. The food and drug administration shall conduct further investigation. Article 17 China establishes the food

36、 safety risk assessment mechanism; by adopting science based methods and referring to food safety risk surveillance information, scientific data and related information, carry out risk assessment into biological, chemical and physical hazardous factors in foods, food additives, and food related prod

37、ucts. NHFPC is responsible for organizing food safety risk assessments. NHFPC establishes an expert committee on food safety risk assessment, which is composed of experts on medical science, agriculture, food, nutrition, biology and environment, etc. to conduct the food safety risk assessment. The f

38、ood safety risk assessment results shall be published by the NHFPC. The safety assessment of pesticides, fertilizers, vet drugs, feed and feed additives shall be attended by experts from the expert committee. (Government) shall not charge fees from food producer and trader for food safety risk asses

39、sment; samples collected shall be paid at market price. Article 18 Food safety risk assessment shall be conducted in following situations: 1. Food, food additives, and food related products have safety problems through food safety risk through food safety risk surveillance or through a tip-off; 2. T

40、o provide science basis for developing or revising national food safety standards; 3. To identify prioritized areas or varieties in supervision and administration work; 4. New factors that may cause harm to food safety are discovered; WWW.FOODMATE.NET The English version is translated by FOODMATE fo

41、r reference only, More information, please check our website. 5. To determine whether a factor constitutes food safety risk; 6. Other situations the NHFPC deems necessary to conduct risk assessment. Article 19 CFDA, AQSIQ and MOA, finding it is necessary to conduct food safety risk assessment, shall

42、 propose to NHFPC to conduct food safety risk assessment, and provide necessary information and materials (including source and nature of the risk, relevant testing data and conclusions). Upon the occurrence of the situations specified in Article 18 hereof, NHFPC shall conduct food safety risk asses

43、sment in a timely manner, and report the assessment results to the relevant departments of the State Council. Article 20 The provincial and above level health and agriculture administrative departments shall timely inform each other the safety risk assessment information for food and edible agricult

44、ural products. The NHFPC and MOA shall timely inform each other the safety risk assessment information for food and edible agricultural products. Article 21 Food safety risk assessment results shall be the scientific basis for developing, modifying food safety standards and implementing food safety

45、supervision and administration work. In case the food safety risk assessment conclusion shows a food, a food additive, or a food related product is unsafe, CFDA and AQSIQ shall immediately announce to the public and inform consumers to stop consumption or usage of the product, and take actions to te

46、rminate production and trading of the food, food additive and food-related products; if necessary, NHFPC shall in conjunction with CFDA, immediately formulate or modify the relevant national food safety standards. Article 22 CFDA shall work with relevant ministries to conduct comprehensive analysis

47、of the food safety situation based on food safety risk assessment results and the food safety supervision and administration work. For foods present high risks in the comprehensive analysis, CFDA shall issue food safety risk alerts in a timely manner, and announce the alert to the public. Article 23

48、 The county and above level food and drug administration, along with other government agencies, the food safety risk assessment expert committee and its technical institutes, shall organize food producers/ traders, food testing institutions, certification organizations, food industry associations, c

49、onsumer associations and media to exchange information on food safety risk assessment information and food safety supervision and administration information. The exchange and communication shall be science based, objective, timely and open. Chapter 3: Food Safety Standards Article 24 Safeguarding the public health shall be the objective of developing the food safety standards; the standards shall be science-based, reasonable, safe and reliable. Article 25 Food safety standards are mandatory. In addition to the food safety standards, no other mandatory food standards shall be develope