(February 28,2009,the 11th National People's Congress by the seventh session of the standing committee)
　　Orders to record
　　The first chapter is always
　　The second chapter food safety risk monitoring and evaluation
　　The third chapter food safety standards
　　The fourth chapter food production or marketing
　　The fifth chapter food inspection
　　Chapter 6 food import and export
　　Chapter vii food safety accident treatment
　　Chapter 8 of the supervision and management
　　Chapter 9 legal responsibility
　　Chapter 10 is attached
　　The first chapter is always
　　Article 1 in order to guarantee the food security,public health and life security,this law is enacted.
　　Article 2 within the territory of the People's Republic of China in the following activities,shall abide by this law:
　　(a)food production and processing(hereinafter referred to as the"food production,food circulation and catering service business(hereinafter referred to as the"food");
　　(2)the food additive production and business operation;
　　(3)used in food packaging materials,containers,detergents and disinfectants,utensils and equipment used for food production or marketing(hereinafter referred to as the"food related products)production and operation;
　　(4)use of food additives,food producers and traders and food related products;
　　(5)for food,food additives and food safety management of the related products.
　　For food is the result of agriculture primary products(hereinafter referred to as the"edible agricultural products)quality and safety management,abide by the law of the People's Republic of China law of produce quality safety".However,edible agricultural products quality and safety standards,promulgated related edible agricultural products safety information,shall comply with the provisions of the relevant provisions.
　　Article 3 food producers and traders shall,in accordance with laws,regulations and food safety standards is engaged in the production and business operation activities,responsible to the society and the public,to ensure the safety of food,accept social supervision,social responsibility.
　　Article 4 the state council set up a food safety commission,the duties shall be prescribed by the state council.
　　The health administration department under the state council food safety comprehensive coordination of responsibility,responsible for food safety risk assessment,food safety standards,food safety information released,food inspection institution qualification authentication conditions and inspection specifications,investigate and punish major food safety accidents.
　　Management of quality supervision,industrial and commercial administration under the state council and the state food and drug administration department of the state council in accordance with this law and the regulations of duties,respectively for food production,food circulation and catering service activities for the supervision and management.
　　Article 5 of the unity of the local people's government at or above the county level shall be responsible,leadership,organization,coordination,the food safety supervision and administration of their respective administrative areas,set up a sound mechanism of food safety supervision and management of all the work;Unified leadership,command food safety emergency response;Perfect and implement the responsibility system for food safety supervision and management,review of food safety supervision and regulation department,evaluation.
　　The local people's governments at or above the county level shall be determined according to the provisions of this law and the state council administering health at the corresponding level,agriculture administration,quality supervision,industry and commerce administration,food and drug supervision and administration of food safety supervision and administration department.Relevant departments within the scope of their respective responsibilities in charge of food safety supervision and administration of their respective administrative areas.
　　Departments of the people's government at the upper level in the administrative areas,set up the organs at a lower level shall be under the unified organization,coordination of the local people's government,in accordance with the law to do a good job of food safety supervision and management.
　　Article 6 the administering health at above county level,agriculture administration,quality supervision,industrial and commercial administration management,food and drug supervision and administration department should strengthen the communication and close cooperation,according to the division of their duties and exercise their functions and powers according to law,assume responsibility.
　　Article 7 the food industry associations shall strengthen the self-discipline,guide the producers or marketers of food production and operation in accordance with the law,promote the construction of industry integrity,propaganda,popularization of food safety knowledge.
　　Article 8 the state shall encourage social organizations,autonomous mass organizations at the grass-roots level to carry out the laws and regulations on food safety and food safety standards and knowledge popularization,advocating healthy diet,strengthen consumer food safety awareness and self-protection ability.
　　The news media shall carry out food safety laws,regulations and food safety standards and the public welfare propaganda of knowledge,and to the supervision of public opinion,in violation of the provisions of the act.
　　Article 9 the state encourages and supports basic research and applied research related to food safety,encourage and support the producers or marketers of food to raise the level of food safety to adopt advanced technology and advanced management practices.
　　Article 10 report by any organization or individual shall have the right to food production and operation in violation of this law,shall have the right to understand the food safety information to the relevant authorities,for food safety supervision and management work put forward opinions and Suggestions.
　　The second chapter food safety risk monitoring and evaluation
　　Article 11 the state shall establish a food safety risk monitoring system,for food-borne diseases,food contamination and harmful factors in food surveillance.
　　The health administration department under the state council jointly with the departments concerned under the state council shall formulate and implement national food safety risk monitoring plan.The health administrative department of the people's governments of provinces,autonomous regions and municipalities directly under the central government according to the national food safety risk monitoring plan,combined with the specific conditions in their respective administrative areas,formulate,implement the administrative area of the food safety risk monitoring plan.
　　Article 12 of agriculture administration under the state council,quality supervision,industrial and commercial administration and the departments of state food and drug supervision and administration to learn about food safety risk information,it shall immediately report to the health administration department under the state council.The health administration department under the state council jointly with relevant departments to verify the information,it shall timely adjust the food safety risk monitoring plan.
　　Article 13 the state shall establish a food safety risk assessment system,for food,food additives,biological,chemical and physical hazards in the risk assessment.
　　The health administration department under the state council shall be responsible for food safety risk assessment,established by medicine,agriculture,food,nutrition,food safety risk assessment of the experts of the expert committee for food safety risk assessment.
　　Of pesticides,fertilizers,growth regulators,veterinary drugs,feed and feed additives such as safety assessment,there should be food safety risk assessment expert of the committee of experts to attend.
　　Food safety risk assessment should use the scientific method,according to the food safety risk monitoring information,scientific data and other relevant information.
　　Article 14 the administrative department of public health under the state council through the food safety risk monitoring or receiving reports found that the safety of food may be,shall immediately organize inspection and food safety risk assessment.
　　Article 15 of agriculture administration under the state council,quality supervision,industrial and commercial administration and the state food and drug supervision and administration to the health administration department under the state council and other relevant departments shall put forward Suggestions of food safety risk assessment,and provide relevant information and data.
　　The health administration department under the state council shall timely inform the relevant departments of the state council food safety risk assessment results.
　　Article 16 the food safety risk assessment results is formulated or revised food safety standards and the implementation of food safety supervision and management of scientific basis.
　　Food safety risk assessment results of food unsafe conclusions,management of quality supervision,industrial and commercial administration under the state council and the state food and drug supervision and administration department shall be based on their respective duties take corresponding measures immediately,stop the production and business operation,ensure that the food and inform consumers to stop eating;Need to be formulated or revised the related national food safety standards,the health administration department under the state council shall be formulated or revised immediately.
　　Article 17 the administrative department of public health under the state council shall,jointly with the departments concerned under the state council shall,according to the food safety risk assessment results,food safety supervision and management information,make a comprehensive analysis of food safety situation.On the comprehensive analysis shows that may have a higher degree of food safety risk,the health administration department under the state council shall timely put forward the food safety risk warnings,and shall be promulgated.
　　The third chapter food safety standards
　　Article 18 the food safety standard,shall be formulated in order to ensure the public health as an objective,scientific and reasonable,safe and reliable.
　　Article 19 the food safety standards are enforced standards.In addition to the food safety standards,shall make no other food mandatory standards.
　　Article 20 the food safety standards shall include the following contents:
　　(a)food,food related products of pathogenic microorganisms,pesticide residues,veterinary drug residues,heavy metals,pollutants and other rules of set limit to endanger human body health material;
　　(2)the variety,scope of use,dosage of additives;
　　(3)advocate complementary foods for infants and young children,and other specific populations of nutrient requirements;
　　(4)to related to food safety,nutrition labeling,identification,specification requirements;
　　(5)the sanitary standards of food production and operation process;
　　(6)related to food safety quality requirements;
　　(7)food inspection methods and procedures;
　　(8)other needs for the content of the food safety standards.
　　Article 21 the national food safety standards issued by the health administration department under the state council is responsible for the formulation,and the standardization administration department under the state council to provide national standard number.
　　Pesticide residues,veterinary drug residues in food limited regulations,and the inspection methods and procedures by the health administration department under the state council,the administrative department of agriculture under the state council.
　　Inspection procedures for slaughtered livestock and poultry by the relevant competent department under the state council jointly with the administrative department of health under the state council.
　　Related products are national standard content of provisions relating to national food safety standards,shall be consistent with the national food safety standards.
　　Article 22 the administrative department of public health under the state council shall be edible agricultural products quality and safety of the existing standards,food hygiene standards,food quality standards and the relevant industry standards of enforcing standards integration,unified announced for national food safety standards.
　　The provisions of this law,before the national food safety standards of food producers and traders shall,in accordance with the standard of edible agricultural products quality and safety,the food hygiene standards,food quality standards and industry standards on food production and operation of food.
　　Article 23 the national food safety standards shall be approved by the evaluation committee for national food safety standards.The evaluation committee for national food safety standards by medical,agriculture,food and nutrition experts and representatives of the relevant departments of the state council.
　　National food safety standards,shall be formulated according to the food safety risk assessment results and give full consideration to the edible agricultural products quality safety risk assessment results,with reference to the relevant international standards,and international food safety risk assessment results,and listen to the opinions of the food production operators and consumers.
　　Article 24 no national food safety standards,may formulate local food safety standards.
　　The health administrative department of the people's governments of provinces,autonomous regions and municipalities directly under the central government to local food safety standards,the execution shall be referred to the provisions of this law on national food safety standards,and submitted to the administrative department of public health under the state council for the record.
　　Article 25 the enterprise production of food,not the national food safety standards or local standards shall be formulated enterprise standard,as the basis of production.The state shall encourage food production enterprises to formulate strict in food safety standards of the state or local standards of enterprises.Enterprise standards shall be submitted to the provincial health administrative departments for the record,in the enterprise interior is used.
　　Article 26 the food safety standards shall be made available to the public for free access.
　　The fourth chapter food production or marketing
　　Article 27 the food production or marketing shall conform to the food safety standards,and meet the following requirements:
　　(a)has a corresponding to the number of food varieties,production and operation of food raw material processing and food processing,packaging,storage and so on,to keep the place clean and tidy environment,and with the poisonous and harmful sites and other pollution sources prescribed distance;
　　(2)has a corresponding to the number of food varieties,production and operation of the production and business operation,equipment or facilities,have corresponding disinfection,change clothes,wash one's hands,lighting,lighting,ventilation,anti-corrosive,dustproof,against flies,rodents,insects,washing,storing and processing waste water of garbage and waste equipment or facilities;
　　(3)has a food safety,management personnel and professional and technical personnel to ensure food safety rules and regulations;
　　(4)with reasonable equipment layout and process flow,prevent to be processed food and ready-to-eat food,raw materials and finished product cross contamination,avoid food contact with toxic substances and impurity;
　　(5)tableware,kitchenware,and cheng fang ready-to-eat food container,before use should be cleaning,disinfection,cookware,utensils should wash after using,keep clean;
　　(6)of storage,transportation,loading and unloading of food containers,tools and equipment shall be safe and harmless,keep clean,preventing food contamination,and conform to ensure food safety for special requirements such as temperature,shall not food and poisonous and harmful goods transportation together;
　　(7)ready-to-eat food should have a small package or use nontoxic,clean packaging materials,tableware;
　　(eight)food production or marketing personnel shall keep personal hygiene,food production and business operation,it shall be washed clean,wear clean work clothes,hats;Selling ready-to-eat food without packaging,shall use nontoxic,clean sales tools;
　　(9)water shall conform to the provisions of the state of domestic and drinking water hygiene standards;
　　(10)the detergents and disinfectants used shall be safe and harmless to the human body;
　　(11)laws,regulations and other requirements.
　　Article 28 the ban on the production and business operation of the following food:
　　(a)using non-food raw materials to produce food or food additives chemicals and other substances may endanger human body health food,or recycled food as raw material to produce food;
　　(2)of pathogenic microorganisms,pesticide residues,veterinary drug residues,heavy metals,pollutants and other harmful substance content is more than food safety standard limited food;
　　(3)nutrition does not comply with the provisions of the food safety standards advocate complementary foods for infants and young children,and other specific populations;
　　(4)the decaying,lipid rancidity,mildew insect,filthy dirty,mixed with foreign body,adulterated doping or abnormal sensory properties of food.
　　(5)die,poisoning,or no explainable cause of death of poultry,livestock,animal meat,aquatic animals and their products;
　　(6)without the supervising agencies for animal health quarantine or substandard meat,or meat products without inspection or unqualified;
　　(7)packaging materials,containers,transportation and other contamination of food;
　　(8)over shelf life of food;
　　(9)no labels of prepackaged food;
　　(10)special needs,such as national prevention for ban on food production and operation;
　　(11)do not conform to the requirements of the food safety standards or other food.
　　Article 29 the state adopts a licensing system for food production or marketing.Engaged in food production,food circulation and catering services,shall obtain the food production permit,food circulation permit in accordance with the law,catering service license.
　　Obtained the food production license of food producers in the production sites sell products that do not need to obtain food circulation permit;Get the catering service provider of food and beverage service permit in its catering service place to sell its production processing of food,don't need the permission of the food production and circulation;Individual farmers to sell its production of edible agricultural products,do not need to obtain the food circulation permit.
　　Food production and processing of small workshops and food vendors engaged in food production and operation activities,shall be in conformity with the provisions of this law that can meet the needs of its production and operation scale,the condition of food safety requirements,guarantee the production and management of food hygiene,non-toxic,harmless,relevant departments shall strengthen the supervision and management,to its specific measures for the administration of the provinces,autonomous regions and municipalities directly under the central people's congress standing committee formulated in accordance with this law.
　　Article 30 where a local people's government at or above the county level shall encourage food production and processing small workshops to improve production conditions;Encourage food vendors to centralized trading market,shops and other places of fixed business.
　　Article 31 at or above the county level administration of quality supervision,industry and commerce administration,food and drug supervision and administration department shall,in accordance with the administrative permit law of the People's Republic of China"regulation,review the applicant to submit to the fourth paragraph of article 27 of the first act of the requirements of the relevant materials,the production premises of the applicant if necessary on-site inspection;To comply with the prescribed conditions,decided to grant permission;Does not meet the prescribed conditions,decided not to license and explain the reasons in writing.
　　Article 32 unit of food production and operation enterprises shall establish and improve the food safety management system,strengthen the food safety knowledge training to the worker,equipped with full-time or part-time food safety management,do a good job for the production and operation of food inspection,engaged in food production and operation activities in accordance with the law.
　　Article 33 the state shall encourage the food production and operation enterprises conform to the requirements of the good manufacturing practices,the implementation of hazard analysis and critical control point system,improve the level of food safety management.
　　To good manufacturing practices and hazard analysis and critical control point system certification of enterprises engaged in food production or marketing,tracking the certification institution shall,in accordance with the law;To no longer meet the requirements of the certification of enterprises,shall revoke the certification,in a timely manner to the relevant administration of quality supervision,industrial and commercial administration,the food and drug supervision and administration department,and publish to the society.Certification institution to implement tracking don't charge any fee.
　　Article 34 the food producers and traders shall establish and implement the employees health management system.People with infectious diseases of alimentary canal such as dysentery,typhoid,viral hepatitis,and patients with active tuberculosis,suppurative or exudative dermatosis disease incompatible with food safety such as personnel,may not engage in work involving contact with ready-to-eat foods.
　　Food production or marketing personnel shall conduct health check every year,can be to work until they have obtained health certificates.
　　Article 35 the edible agricultural products producers shall be in accordance with the relevant provisions of the national food safety standards and the use of pesticides,fertilizers,growth regulators,veterinary medicine,feed and feed additives and other agricultural inputs.Edible agricultural products production enterprises and farmers'professional cooperative economy organization shall establish a system of edible agricultural products production records.
　　Agricultural administrative departments at or above the county level shall strengthen the management of agricultural inputs used and guidance,establish and perfect the system of the safe usage of agricultural inputs.
　　Article 36 food producers purchasing food raw materials,food additives,food related products,suppliers shall check license and product qualification certificate;For unable to provide the qualified certificate of food raw materials,inspection shall,in accordance with the food safety standards;Shall not purchase or use does not meet the food safety standards of food raw materials,food additives,food related products.
　　Food production enterprise shall establish a food raw materials,food additives and food-related products incoming inspection record system,truthfully record of food raw materials,food additives,food related products name,specification,quantity,supplier name and contact number,date of purchase,etc.
　　Food raw materials,food additives,food related products stock inspection records shall be truthful and shall not be kept for at least two years.
　　Article 37 food production enterprise shall establish a food factory inspection record system,check the delivery of food inspection and safety certification,and faithfully record the food's name,specification,quantity,batch number,production date,production inspection/c number,name of buyers and contact,sales date,etc.
　　Food ex-factory inspection records shall be truthful and shall not be kept for at least two years.
　　Article 38 products related to food,food additives and food producers,shall,in accordance with the food safety standards for the production of food,food additives and food-related products inspection,inspection qualified rear can leave the factory or sales.
　　Article 39 the food food shopping,an operator shall check the supply qualified certificate license and food.
　　Food business enterprise shall set up incoming inspection record system,faithfully record the food's name,specification,quantity,production batch number,expiration date,supplier name and contact number,date of purchase,etc.
　　Incoming inspection records shall be truthful and shall not be kept for at least two years.
　　Unified distribution mode of operation of the food business,suppliers can by enterprise headquarters unified inspection qualified documents,licenses and food for food stock inspection records.
　　Article 40 a food business operator shall,in accordance with the guarantee of food storage requirements for food safety,regularly check the inventory of food,clear in time deteriorating or exceed the shelf life of food.
　　Article 41 the food stored in bulk food,an operator shall,in the stored position marked the names of the food,the production date,shelf-life,producer name and contact information,etc.
　　Food operators sell in bulk,the bulk of food containers,packaging of shall indicate the name,production date,shelf life of food,production operators name and contact information,etc.
　　Article 42 a pre-packaged food shall have a label on the package.The tag shall be marked the following items:
　　(a)name,specification,net content,date of production;
　　(2)ingredient or ingredients;
　　(3)the producer's name,address,contact way;
　　(4);
　　(5)the product standard number;
　　(6)storage conditions;
　　(7)the use of food additives in the common name in the national standard;
　　(eight)production license number;
　　(9)laws,regulations and other matters of food safety standards shall be marked.
　　Advocate complementary foods for infants and young children,and other specific populations,the label shall also indicate the main nutritional components and their content.
　　Article 43 the state shall implement a food additive production license system.Application of food additive production license requirements,procedures,in accordance with the relevant national industrial products production license management provisions.
　　Article 44 the application using the new food raw material engaged in food production or is engaged in food additives,new varieties,new varieties of food related products production activities of units or individuals,shall be submitted to the administrative department of public health under the state council a safety assessment of the product material.The health administration department under the state council shall,within 60 days starting from the date of receiving the application for organization to the safety assessment of the product material review;To meet the requirements of the food safety,decided to grant approval and shall be promulgated in accordance with the law;Does not meet the requirements of the food safety,decided not to license and explain the reasons in writing.
　　Article 45 the food additive shall be technically is necessary and after risk assessment proved safe and reliable,shall be included in the scope of allows you to use.The health administration department under the state council shall,according to the technical necessity and food safety risk assessment results,in a timely manner to the variety,scope of use,dosage of additives,the revised.
　　Article 46 the food producer shall,in accordance with the variety of the food safety standards on food additives,the provisions of the scope of use,dosage of using food additives;Shall not be used in food production outside of food additives chemicals and other substances may endanger human body health.
　　Article 47 the food additives shall have labels,instructions and packaging.Tag,the description shall set forth in paragraph 1 of article 42 of the first to sixth,matters prescribed in item(8,9,as well as the scope of the use of food additives,dosage,usage,and the same shall be on the label"food additives".
　　Article 48 label,instruction of food and food additives,must not contain any false,exaggerated,shall not be involved in disease prevention and treatment function.Producers responsible for content shown on the label,instruction.
　　Food and food additives,label,instruction should be clear and obvious,easy to recognize.
　　Food and food additive and its content in the label,instruction in consistency,shall not be sold.
　　Article 49 the food business operator shall,in accordance with the food label,warning marks and warning specifications or notice requirements,pre-packaged food sales.
　　Article 50 of the food production and business operation shall be added,but can add traditionally served as both food and Chinese herbal medicine material.Traditionally served as both food and Chinese herbal medicine material catalog by the health administration department under the state council and promulgated.
　　Article 51 the state shall be implemented for claims has certain health care function of food regulation.The supervisory and administrative departments concerned shall in accordance with the law takes office,take responsibility.Specific measures shall be prescribed by the state council.
　　Claim has certain health care function of food may not produce acute,subacute or chronic harm to human body,its label,instruction shall not be involved in disease prevention,treatment,function,content must be truthful and should indicate the appropriate crowd,not appropriate crowd,efficacy composition or iconic composition and its content,etc.;The features of the product and components must be consistent with the label,instruction.
　　Article 52 centralized trading market rent the owners,counter and fair organizers,food operator's license shall review the entry,clear food safety management responsibility for entering a food business operators,on a regular basis for admission management environment and conditions of the food business operators for inspection,found that food operators have a violation of the provisions of this law,shall be in time to stop and immediately report to local administrative department for industry and commerce at the county level or the food and drug supervision and administration department.
　　Centralized trading market of the owners,the counter lease and trade fair organizers did not fulfill the obligations specified in the preceding paragraph,the market of food safety accident,shall be jointly and severally liable.
　　Article 53 the state shall establish a food recall system.Food producers found that its products do not conform to the food safety standards,it shall immediately stop production,food recall already on sale,inform the related production operators and consumers,and record and recall notice.
　　Food operators found that their business is not in conformity with the food safety standards,should immediately stop operation,notify the relevant producers and operators and consumers,and record the stop operation and inform the situation.Food producers think should recall,it shall immediately recall.
　　Food producers should to recall the food take remedial,disposal,destruction,and will be treated as food recall and report to quality supervision departments at or above the county level.
　　Food production operator does not operate in accordance with the provisions of this article or stop recall does not comply with the food safety standards,quality supervision,industrial and commercial administration at or above the county level,food and drug supervision and administration department may order the recall or stop operating.
　　Article 54 food advertising content should be true and legal,and must not contain any false,exaggerated,shall not be involved in disease prevention and treatment function.
　　Food safety supervision and administration department or take the functions of food inspection agencies,food industry association,the consumer association in advertising or other forms recommended food to consumers.
　　Article 55 the society or other organization,individual recommended food to consumers in false advertisements,damage to the legitimate rights and interests of consumers,business operators shall be jointly and severally liable with food production.
　　Article 56 of the local people's governments at all levels to encourage the scale food production and chain operation and distribution.
　　The fifth chapter food inspection
　　Article 57 the food inspection institution in accordance with the provisions of the relevant national certification and accreditation qualification cognizance,shall not engage in food inspection activities.But,except as otherwise provided by law.
　　A food inspection institution qualification authentication conditions and inspection specifications,shall be formulated by the administrative department of public health under the state council.
　　Before the promulgation of this law established with the approval of the competent department under the state council or the food inspection institution in in accordance with the law,can continue to engage in food inspection activities in accordance with this law.
　　Article 58 the food inspection independently by food inspection institutions designated person.
　　Inspection shall,in accordance with the provisions of the relevant laws,regulations,and in accordance with the food safety standards and inspection norms for food inspection,respect science,abide by professional ethics,guarantee issued by the inspection data and results in an objective and fair,shall not issue false inspection reports.
　　Article 59 the food inspection on food inspection institution and inspector responsibility system.Food inspection report shall bear the official seal of a food inspection institution and signatures or seals have a surveyor.A food inspection institution and inspection person responsible for the produced food inspection reports.
　　Article 60 for food in food safety supervision and administration department shall not be exempted from inspection.
　　At or above the county level administration of quality supervision,industry and commerce administration,food and drug supervision and administration department shall make regular or irregular food sampling inspection.Samples in the sampling inspection,should buy extraction,inspection fees and any other charge.
　　At or above the county level administration of quality supervision,industry and commerce administration,food and drug supervision and administration departments of food inspection is needed in law enforcement,shall entrust in conformity with the provisions of this law,a food inspection institution and pay the relevant expenses.To object to the inspection conclusion,may be rechecked in accordance with the law.
　　Article sixty-one food production management enterprise can test on the food produced by oneself,also can entrust in conformity with the provisions of the food inspection institution for inspection.
　　Food industry association and other organizations,consumers need to entrust a food inspection institution for inspection of food,shall be in conformity with the provisions of food inspection institutions entrusted.
　　Chapter 6 food import and export
　　Article sixty-two of the import of food,food additives and food-related products shall conform to the national food safety standards in our country.
　　Imported food shall be by the entry-exit inspection and quarantine institutions after the inspection,the customs customs clearance certificate issued by the entry-exit inspection and quarantine institutions.
　　Article sixty-three food imports,there is no national food safety standards,or import of food additives,new varieties,new varieties of food related products for the first time,the importer shall apply to the administrative department of public health under the state council and submitted to relevant safety assessment materials.The health administration department under the state council in accordance with the provisions of article 44 of this law to make the decision whether permission,and formulate the corresponding national food safety standards.
　　Article sixty-four outside of food safety incidents may affect the territory of China,or a serious food safety problems found in imported food,the national entry-exit inspection and quarantine departments shall timely take measures to control the risk early warning or to the department of public health under the state council,the agricultural administration,industrial and commercial administration and the state food and drug supervision and administration department.Received notification of the departments should take corresponding measures in time.
　　Article sixty-five the export food to China exporters or agents shall be to the national entry-exit inspection and quarantine departments for the record.Overseas food production enterprise of export food to China shall be registered by the entry-exit inspection and quarantine departments of the state.
　　National entry-exit inspection and quarantine department shall regularly publish has the record of exporters,agents and overseas food production enterprise has been registered.
　　Article sixty-six imported pre-packaged food should have a label in Chinese,Chinese instruction.Label,instruction shall conform to the provisions as well as other relevant laws and administrative regulations in China and the requirements of national food safety standards,contain the origin of food as well as the domestic agent name,address,contact information.Pre-packaged food without Chinese labels,instructions or labels,instructions in Chinese not in accordance with the provisions of this article,shall not be imported.
　　Article sixty-seven importers shall establish a system of food imports and sales records,faithfully record the food's name,specification,quantity,production date,batch number,expiration date,production or import exporters and buyers name and contact number,delivery date and other contents.
　　Food imports and sales records shall be truthful and shall not be kept for at least two years.
　　Article sixty-eight the export of food by the entry-exit inspection and quarantine institutions,when conducting supervision and sampling inspection,the customs customs clearance certificate issued by the entry-exit inspection and quarantine institutions.
　　Export food production enterprises and export of food raw material planting and farms shall be submitted to the national entry-exit inspection and quarantine departments for the record.
　　Article sixty-nine the state entry and exit inspection and quarantine authorities should import and export food safety information collection,summary,and timely notify the relevant departments,institutions and enterprises.
　　National entry-exit inspection and quarantine department should set up the import and export of food importers,exporters and export food production enterprise's credit record,and shall be promulgated.Importers,exporters and has a poor record export food production enterprises,should strengthen the inspection and quarantine of import and export food.
　　Chapter vii food safety accident treatment
　　Article seventy the state council formulate national food safety accident emergency plan.
　　The local people's governments at or above the county level shall,according to the provisions of the relevant laws,regulations and the superior people's government of food safety accident emergency plan and the actual situation of the region,for the administration of food safety accident emergency plan,and the paper level people's government for the record.
　　Food production management enterprise shall formulate the food safety accident disposal plan,regularly check the enterprise all kinds of food safety preventive measures to carry out the situation,in a timely manner to eliminate food safety accidents.
　　Article seventy-one units of food safety accident shall immediately be disposal,prevent accident expanding.Units and accident treatment to patients receiving unit shall promptly report to the administrative department of public health accidents DeXianJi.
　　Agriculture administration,quality supervision,industrial and commercial administration,food and drug supervision and administration department found in the daily supervision and administration of food safety accidents,or received complaints about food safety accident,it shall immediately report to the administrative department for health.
　　A major food safety accidents,and received a report of the health administrative department at the county level shall,in accordance with the provisions to the people's governments at the corresponding level and the superior administrative department of health under the people's government report.The people's government at the county level and the superior administrative department of health under the people's government shall report in accordance with the relevant provisions.
　　Any unit or individual person shall not hide for food safety accident or submits,slow,shall not destroy the evidence.
　　Article seventy-two the administrative department of health at or above the county level receives a food safety after the report of the accident,should immediately together with the relevant agriculture administration,quality supervision,industrial and commercial administration,food and drug supervision and administration department for investigation and handling,and take the following measures to prevent or mitigate social harm:
　　(a)to carry out emergency rescue work on the personnel of personal injury caused by food safety accidents,the health administrative department shall immediately organize treatment;
　　(2)seal can lead to food safety accident and its raw materials,inspection and immediately;To confirm belongs to the contaminated food and its raw materials,it shall be ordered to producers or marketers of food in accordance with the provisions of article 53 of this law shall be recalled,stop operation and destroyed;
　　(3)storage of contaminated tools and equipment used for food,cleaning and disinfection and ordered;
　　(4)to do a good job of information release,in accordance with the law on food safety accident and its treatment,and the possible harm to explain and illustrate.
　　A major food safety accidents,and the people's governments at or above the county level should set up a food safety accident disposal command,immediately start emergency plans,in accordance with the provisions of the preceding paragraph for disposal.
　　Article seventy-three the major food safety accidents,the administrative department of health under the people's government at or above the level of district-constituted municipalities should jointly with the relevant departments of the accident responsibility investigation immediately,supervise and urge relevant departments perform their duties,to the people's government at the corresponding level and accident liability investigation and handling report.
　　Major food safety incidents involving two or more provinces,autonomous regions and municipalities directly under the central government,organized by the health administration department under the state council in accordance with the provisions of the preceding paragraph accident responsibility investigation.
　　Article seventy-four food safety accidents,disease prevention and control institutions at or above the county level shall assist the administrative departments for public health and relevant departments to sanitization of the scene of the accident,and the factors relating to food safety accident epidemiological investigation.
　　Article seventy-five the investigation of food safety accidents,in addition to find out the responsibility of the accident unit,should also find out the supervision and administration department responsible for the supervision and management and certification,certification institution staff dereliction of duty,malfeasance.
　　Chapter 8 of the supervision and management
　　Article seventy-six local people's governments at or above the county level shall organize health administration at the corresponding level,agriculture administration,quality supervision,industrial and commercial administration,food and drug supervision and administration department of the administrative areas of food safety supervision and administration of the annual plan,and according to the annual work plan.
　　Article seventy-seven at or above the county level administration of quality supervision,industry and commerce administration,food and drug supervision and management departments to fulfill their supervision and administration of food safety,the right to take the following measures:
　　(a)to conduct inspections of the production and operation places;
　　(2)the sampling inspection for production and operation of food;
　　(3)looking up and duplicating the contract,paper,books and other relevant materials;
　　Seal up,distrain(4)there is evidence that do not conform to the food safety standards of food,the illegal use of food raw materials,food additives,food related products,and materials used in the production and business operation or contaminated tools and equipment;
　　(5)the seizure of illegal engaged in food production or marketing places.
　　Agricultural administrative departments at or above the county level shall,in accordance with the stipulations of the law of the People's Republic of China law of produce quality safety",the duty of supervision and administration of edible agricultural products.
　　Article seventy-eight at or above the county level administration of quality supervision,industry and commerce administration,food and drug supervision and administration departments of food production operators conducting supervision and inspection,shall record the supervision and inspection of the situation and deal with the results.The supervision and inspection record after examined and signed by the supervision and inspection personnel and the food producers or marketers of archive.
　　Article seventy-nine at or above the county level administration of quality supervision,industry and commerce administration,food and drug supervision and administration department shall establish a food producers or marketers of food safety credit files,record licences,daily supervision and inspection results,illegal behavior is investigated,and so on and so forth;According to the records of the food safety credit files,to have a bad credit records of food producers and traders to increase the supervision and inspection frequency.
　　Article eighty administering health at above county level,quality supervision,industrial and commercial administration,food and drug supervision and administration department received consulting,complaints and reports,the responsibility of your department shall accept,subject to and to answer questions in a timely manner,verification and processing;To do not belong to the responsibility of the department,and hand over shall be notified in written form shall have the right to deal with the ministry of public security processing.Have the right to handle the department shall timely treatment,must not shuffle;Belongs to the food safety accidents,and disposal in accordance with relevant provisions of chapter 7.
　　Article eighty-one the administering health at above county level,quality supervision,industrial and commercial administration,the food and drug supervision and administration department shall,in accordance with the statutory power limit and procedures to perform supervision and administration of food safety;For the same violation,the producers or marketers may not be given administrative penalty of fine for more than 2 times;Suspected of a crime,shall be transferred to the public security organ in accordance with the law.
　　Article eighty-two the state set up unified food safety information release system.Information released by the health administrative department under the state council in a unified form of the following:
　　(a)the national food safety overall situation;
　　(2)the food safety risk assessment information and food safety risk warning information;
　　(3)the major food safety accidents and its processing information;
　　(4)other important food safety information and determine the need for unity of the state council released information.
　　The second and third paragraph of information mentioned in the preceding paragraph,its influence is limited to a particular area,can also by the health administrative department of the people's governments of provinces,autonomous regions and municipalities directly under the central government announced.Agriculture administration,quality supervision,industry and commerce at or above the county level administration,food and drug supervision and administration department in accordance with their respective responsibilities published daily supervision and administration of food safety information.
　　The food safety supervision and management of department information,shall be accurate,timely and objective.
　　Article eighty-three the local health administration at or above the county level,agriculture administration,quality supervision,industry and commerce administration,food and drug supervision and administration department to learn the provisions of article eighty-two of the first paragraph information released the need for unity,they shall report to the competent department,by the competent department immediately report to the health administration department under the state council;When necessary,can be directly report to the administrative department of public health under the state council.
　　Administering health at above county level,agriculture administration,quality supervision,industrial and commercial administration,food and drug supervision and administration department shall notify each other about the food safety information.
　　Chapter 9 legal responsibility
　　Article eighty-four in violation of the provisions of this law,engage in food production or marketing without permission,or in the production of food additives,without permission by the relevant departments shall,according to the division of their respective responsibilities,confiscate the illegal income,illegal production and operation of food,food additives and tool for the illegal production and operation,equipment,raw materials and other items;Illegal production and operation of food or food additive value of less than ten thousand yuan,and be fined between RMB two thousand yuan and two thousand yuan;Value of ten thousand yuan of above,and value more than five times as much as ten times the fine.
　　In violation of the provisions of article eighty-five of any of the following circumstances,the competent departments shall,according to the division of their respective responsibilities,confiscate the illegal income and the illegal production and operation of food and for the illegal production and operation of the tools,equipment,raw materials and other goods;The illegal production and operation of the food value of less than ten thousand yuan,and be fined between RMB two thousand yuan and two thousand yuan;Value of ten thousand yuan of above,and be fined value more than five times as much as ten times the;If the circumstances are serious,the license:
　　(a)using non-food raw materials to produce food or food additive is added in the food chemicals and other substances may endanger human body health,or recycled food as raw material to produce food;
　　(2)the production and business operation pathogenic microorganisms,pesticide residues,veterinary drug residues,heavy metals,pollutants and other harmful substance content is more than food safety standard limited food;
　　(3)the production and business operation nutrients do not conform to the food safety standards advocate complementary foods for infants and young children,and other specific populations;
　　(4)to operate the decaying,lipid rancidity,mildew insect,filthy dirty,mixed with foreign body,adulterated doping or abnormal sensory properties of food.
　　(5)die,kill or no explainable cause of death of poultry,livestock,animal meat,aquatic animals,or production and operation,poison,or illness of unknown cause poultry,livestock,animal meat products,aquatic animals;
　　(6)to operate without the supervising agencies for animal health quarantine or substandard meat,or the production and business operation without inspection or substandard meat products;
　　(7)to operate over shelf life of food;
　　(8)the production and business operation state for disease prevention and other special needs ban on food production and operation;
　　(9)using the new food raw material engaged in food production or is engaged in food additives,new varieties,new varieties of food related products production,without safety assessment;
　　(10)producers or marketers of food recalls in order them to the competent department or stop operation does not conform to the food safety standards,still refused to recall or stop operating.
　　In violation of the provisions of article eighty-six of any of the following circumstances,the competent departments shall,according to the division of their respective responsibilities,confiscate the illegal income and the illegal production and operation of food and for the illegal production and operation of the tools,equipment,raw materials and other goods;The illegal production and operation of the food value of less than ten thousand yuan,and be fined between RMB two thousand yuan and two thousand yuan;Value of ten thousand yuan of above,and be fined two times and five times the nominal value;If the circumstances are serious,order to suspend production or business operation,until the license:
　　(a)in packaging materials,containers,transport and other pollution of food;
　　(2)the production and business operation no labels of prepackaged food,food additives or label,instruction is not in conformity with the provisions of food,food additives;
　　(3)the food producers to purchase,do not conform to the food safety standards of food raw materials,food additives and food-related products;
　　(4)add drugs in food food producers and traders.
　　In violation of the provisions of article eighty-seven of any of the following circumstances,the competent departments according to their division of duties,shall be ordered to correct and given a warning;Refuses to correct,a fine of not more than two thousand yuan and twenty thousand yuan;If the circumstances are serious,order to suspend production or business operation,until the license:
　　(a)not to purchase food raw material and the production of food,food additives,food inspection related products;
　　(2)has not been established and follow inspection record system,factory inspection record system;
　　(3)to develop enterprise food safety standards is not filed in accordance with the provisions of this law;
　　(4)not according to stipulations for storage,sales of food or clean up the inventory;
　　(5)stock did not check the license and related documents;
　　(6)the production of food,food additives,label,instruction on disease prevention,treatment,function;
　　(7)arranged with the diseases listed in article 34 of personnel work in the contact with ready-to-eat foods.
　　In violation of the provisions of article eighty-eight of the accident unit in not after dealing with food safety accident,report,the competent departments shall,according to the division of their duties,they shall be ordered to correct and given a warning;Destroy evidence,order to suspend production or business operation,and be fined between RMB two thousand yuan and two thousand yuan;Thereby causing serious consequences,the original license issuing department.
　　Article eighty-nine in violation of the provisions of this law,any of the following circumstances,shall be punished in accordance with the provisions of article eighty-five of this law to give:
　　(a)imports is not in conformity with the Chinese national food safety standards of food;
　　(2)imports,there is no national food safety standards of food,or food additives,new varieties,new varieties of food related products imported for the first time,without safety assessment;
　　(3)does not comply with the provisions of this law to export food exporters.
　　In violation of the provisions of this law,the importer and comply with food import and sales record system has not been established,shall be punished in accordance with the provisions of article eighty-seven of this law to give.
　　In violation of the provisions of article ninety of centralized trading market of owners,the counter lease,fair organizers food business operators has not obtained a license are allowed to enter the market sales of food,or fails to fulfill its obligations of inspection,the report,the competent departments shall,according to the division of their duties and a fine of not more than two thousand yuan and fifty thousand yuan;Thereby causing serious consequences,shall be ordered to shut,the original license issuing department.
　　Article ninety-one in violation of the provisions of this law,has not carried out in accordance with the requirements of food transportation,the competent departments according to the division of their duties,they shall be ordered to correct and given a warning;Refuses to correct,order to suspend production or business operation,and be fined between RMB two thousand yuan and two thousand yuan;If the circumstances are serious,the original license issuing department.
　　Article ninety-two of the food production,circulation or catering service license have been revoked of the unit,the person in charge directly responsible for the penalty decision made five years from the date of may engage in food production and operation management.
　　Hire food producers and traders shall not be engaged in food production or operation and management personnel,engaged in the work of management by the original license issuing department.
　　In violation of the provisions of article ninety-three of food inspection agencies,food inspection personnel to issue false inspection reports,the awarded the qualification of the competent department or the agency to cancel the inspection agency inspection qualification;In accordance with the law on the inspection institutions directly responsible person in charge and food inspection personnel to removed or dismissed.
　　In violation of the provisions of this law,criminal penalties or dismissal of food inspection agency personnel,since the date of penalty or punishment decision within ten years shall not be engaged in food inspection work.Hired a food inspection institution shall not be engaged in food inspection work,the awarded the qualification of the competent department or the agency to cancel the inspection agency inspection qualification.
　　In violation of the provisions of article ninety-four of food quality in the advertisement making false propaganda,cheat customer,in accordance with the provisions of the advertisement law of the People's Republic of China to give punishment.
　　Or in violation of the provisions of this law,food safety supervision and regulation department to take the functions of food inspection agencies,food industry association,the consumer association with advertising or other forms of recommended food to consumers,confiscate the illegal income by the competent department concerned,in accordance with the law,the person in charge directly responsible and other directly responsible personnel to give give,demoted or removed.
　　In violation of the provisions of article ninety-five of the local people's governments at or above the county level shall not perform their duties in the food safety supervision and management,the administration of a major food safety accidents,causing serious social impact,in accordance with the law,the person in charge directly responsible and other directly responsible personnel to give give,demoted,sacked or removed.
　　In violation of the provisions of this law,administering health at above county level,agriculture administration,quality supervision,industrial and commercial administration,food and drug supervision and administration department or other relevant administrative departments under the state fails to perform the duties prescribed in this law or abusing authority,dereliction of duty,practice favoritism,in accordance with the law,the person in charge directly responsible and other directly responsible personnel give or relegation give punishment;Thereby causing serious consequences,given sacked or kicked out of the sanctions;The principal should resign.
　　In violation of the provisions of article ninety-six of the person,property or other damage,assume liability to pay compensation in accordance with the law.
　　Production is not in conformity with the food safety standards of food or sales is knowing that do not conform to the food safety standards,consumers in addition to claim damages,you can also ask producers or sellers for compensation of 10 times to pay the price.
　　Article ninety-seven in violation of the provisions of this law,shall bear civil liability to pay compensation and pay a fine,fine,its property is insufficient to pay at the same time,bear civil liability to pay compensation first.
　　Article ninety-eight in violation of the provisions of this law,if the case constitutes a crime,shall be investigated for criminal responsibility according to law.
　　Chapter 10 is attached
　　The meaning of article ninety-nine of this law,the following terms:
　　Refers to various foods,for people to eat or drink of finished products and raw materials as well as items that have traditionally served as both food and drugs,but does not include the items for the purpose of treatment.
　　Food safety refers to food avirulent and harmless,conform to proper nutritive requirements,to human body health does not cause any acute,subacute or chronic damage.
　　Pre-packaged food,refers to the preliminary quantitative packaging or production in food packaging materials and containers.
　　Food additives,to improve food quality and color,aroma,taste,and for the sake of corrosion protection,preservation and processing technology to join the artificial synthetic or natural substances in food.
　　Used in food packaging materials and containers,refer to the packing,cheng fang food or food additive in paper,bamboo,wood,metal,porcelain enamel,ceramics,plastics,rubber,natural fiber and chemical fiber,glass and other products and direct contact with food or food additive coatings.
　　Used in food production or marketing tools,equipment,refers to the food or food additive production,circulation,use direct contact with food or food additive in the process of mechanical,piping,conveyor belts,containers,utensils,tableware,etc.
　　For food,the detergents and disinfectants used,refers to the directly for washing or disinfecting food,tableware and direct contact with food tools,equipment and food packaging materials and containers of the material.
　　Shelf life,pre-packaged food in tag specifies the storage conditions to keep the quality time.
　　Foodborne disease,refers to the pathogenic factors in the food into the human body caused by infectious,toxic and other diseases.
　　Food poisoning,to eat the food contaminated with poisonous and harmful substances or after eating food containing toxic and harmful substances in the acute and subacute disease.
　　Food safety accidents,food poisoning and food-borne diseases,food contamination from food,harm to human health or may have accident harm.
　　Article one hundred the producers or marketers of food before the promulgation of this law has made the corresponding license,the license shall remain valid.
　　Article one hundred and one dairy,genetically modified food,pig slaughtering,alcohol and salt food safety management,this law shall apply;Otherwise stipulated by laws,administrative regulations,such provisions shall apply.
　　Article one hundred and two the measures for the administration of food safety in railway operation by the health administration department under the state council jointly with the relevant departments of the state council formulated in accordance with this law.
　　The army for food specially used or supplied for food safety management measures shall be formulated by the central military commission in accordance with this law.
　　Article one hundred and three the state council shall,according to the actual need,can adjust for food safety supervision and management system.
　　Article one hundred and four this law shall come into force as of June 1,2009.The food hygiene law of the People's Republic of China shall be repealed simultaneously.