Chapter I General Provisions

Article 1 This Law is enacted for the purpose of ensuring food safety and safeguarding the health and life safety of the public.

Article 2 This Law shall be observed in the following activities within the territory of the People's Republic of China:

(1) Food production and processing (hereinafter referred to as food production), food marketing and catering services (hereinafter referred to as food marketing)

(2) production and marketing of food additives;

(3) The production and marketing of packaging materials, containers, detergents, disinfectants and tools and equipment used for food production or marketing (hereinafter referred to as food-related products);

(4) Use of food additives and food-related products by food producers or traders;

(5) food storage and transportation;

(6) Administration of the safety of food, food additives and food-related products.

The quality and safety management of edible primary products originating from agriculture (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the marketing of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this Law on agricultural inputs shall be observed.

Article 3 In the work of food safety, prevention first, risk management, whole-process control and social co-governance shall be carried out, and a scientific and strict supervision and management system shall be established.

Article 4 Food producers or traders shall be responsible for the safety of the food they produce or market.

Food producers or traders shall engage in production or business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to society and the public, accept social supervision and bear social responsibilities.

Article 5 The State Council shall establish a food safety committee whose functions and responsibilities shall be prescribed by The State Council.

The food safety supervision and administration department under The State Council shall, in accordance with this Law and its functions as prescribed by The State Council, supervise and administer food production or marketing activities.

The administrative department of public health under The State Council shall, in accordance with this Law and its functions as prescribed by The State Council, organize the monitoring and risk assessment of food safety risks and, in conjunction with the supervision and administration department of food safety under The State Council, formulate and promulgate the national standards for food safety.

Other relevant departments under The State Council shall undertake food safety work in accordance with this Law and the functions and duties prescribed by The State Council.

Article 6 The local people's governments at or above the county level shall be responsible for the supervision and administration of food safety within their respective administrative areas, uniformly lead, organize and coordinate the supervision and administration of food safety and the response to food safety emergencies within their respective administrative areas, and establish and improve the whole-process supervision and administration of food safety and the information sharing mechanism.

The local people's governments at or above the county level shall, in accordance with this Law and the provisions of The State Council, determine the duties and responsibilities of the administrative departments for food safety and public health and other relevant departments at the corresponding level. The relevant departments shall be responsible for the supervision and administration of food safety within the scope of their respective functions and duties.

The food safety supervision and administration departments of the people's governments at the county level may set up agencies in towns and townships or in specific areas.

Article 7 The local people's governments at or above the county level shall implement the food safety supervision and administration responsibility system. The people's government at a higher level shall be responsible for evaluating and evaluating the food safety supervision and administration work of the people's government at the next lower level. The local people's governments at or above the county level shall be responsible for evaluating and evaluating the work of food safety supervision and administration departments at the corresponding level and other relevant departments.

Article 8 The people's governments at or above the county level shall incorporate the work of food safety into the national economic and social development plans at the corresponding levels, include the funds for food safety work into the financial budgets of the governments at the corresponding levels, strengthen the capacity building for food safety supervision and administration, and provide guarantees for the work of food safety.

The food safety supervision and administration departments of the people's governments at or above the county level and other relevant departments shall strengthen communication and close cooperation, exercise their functions and powers according to their respective functions and responsibilities, and bear responsibilities according to law.

Article 9 The food trade association shall strengthen the self-discipline of the trade, establish and improve the industry norms and reward and punishment mechanisms in accordance with the articles of association, provide food safety information, technology and other services, guide and supervise the food producers and traders in producing and operating according to law, promote the construction of industrial integrity, and publicize and popularize the knowledge of food safety.

Consumer associations and other consumer organizations shall exercise social supervision in accordance with law over acts that violate the provisions of this Law and impair the lawful rights and interests of consumers.

Article 10 People's governments at various levels shall strengthen publicity and education on food safety, popularize knowledge of food safety, encourage social organizations, grassroots self-governing organizations of a mass nature, food producers and traders to carry out the work of popularizing laws and regulations on food safety as well as food safety standards and knowledge, advocate healthy eating patterns, and enhance consumers' awareness of food safety and their ability to protect themselves.

The news media shall carry out public publicity of food safety laws and regulations as well as food safety standards and knowledge, and supervise illegal acts of food safety by public opinion. Publicity reports concerning food safety shall be true and fair.

Article 11 The State encourages and supports basic and applied research related to food safety, and encourages and supports food producers and traders to adopt advanced technologies and advanced management practices in order to raise the level of food safety.

The state implements a strict management system for the use of pesticides, speeds up the elimination of highly toxic, highly toxic and highly residual pesticides, promotes the research, development and application of alternative products, and encourages the use of highly effective, low-toxic and low-residue pesticides.

Article 12 Any organization or individual shall have the right to report illegal acts concerning food safety, obtain food safety information from relevant departments according to law, and put forward opinions and suggestions on food safety supervision and administration.

Article 13 Units and individuals that have made outstanding contributions to the work of food safety shall be commended and rewarded in accordance with the relevant regulations of the State.

Chapter II Food safety risk monitoring and assessment

Article 14 The State shall establish a food safety risk monitoring system to monitor foodborne diseases, food contamination and harmful factors in food.

The administrative department of public health under The State Council shall, in conjunction with the food safety supervision and administration department under The State Council, formulate and implement the national food safety risk monitoring plan.

The food safety supervision and administration department under The State Council and other relevant departments shall, after acquiring information about food safety risks, immediately verify and report it to the administrative department of public health under The State Council. The administrative department of public health under The State Council shall, in conjunction with the relevant departments under The State Council, analyze and study the information on food safety risks notified by relevant departments and the information on foodborne diseases and other diseases reported by medical institutions, and, if deemed necessary, promptly adjust the national food safety risk monitoring plan.

The administrative department of public health of the people's government of the province, autonomous region and municipality directly under the Central Government shall, together with the food safety supervision and administration department at the same level, formulate and adjust the food safety risk monitoring plan of their respective administrative areas in accordance with the national food safety risk monitoring plan and in light of the specific conditions of their respective administrative areas, and submit it to the administrative department of public health under The State Council for the record and implement it.

Article 15 The technical institution undertaking the work of food safety risk monitoring shall carry out monitoring work in accordance with the food safety risk monitoring plan and monitoring plan, ensure that the monitoring data is true and accurate, and submit the monitoring data and analysis results in accordance with the requirements of the food safety risk monitoring plan and monitoring plan.

Food safety risk monitoring personnel have the right to enter the planting and breeding sites of edible agricultural products and food production and business to collect samples and relevant data. The cost of collecting samples shall be paid according to the market price.

Article 16 Where the monitoring results of food safety risks indicate that there may be hidden dangers of food safety, the administrative department of public health of the people's government at or above the county level shall promptly notify the relevant information to the food safety supervision and administration department at the same level and report to the people's government at the same level and the administrative department of public health of the people's government at a higher level. Food safety supervision and administration departments shall organize and carry out further investigation.

Article 17 The State shall establish a food safety risk assessment system and make risk assessment of biological, chemical and physical hazard factors in food, food additives and food-related products by means of scientific methods and on the basis of food safety risk monitoring information, scientific data and relevant information.

The administrative department of public health under The State Council shall be responsible for organizing the work of food safety risk assessment, and shall set up an expert committee for food safety Risk assessment composed of experts from the fields of medicine, agriculture, food, nutrition, biology and environment to carry out food safety risk assessment. The administrative department of public health under The State Council shall publish the results of the assessment of food safety risks.

The safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives shall involve the participation of experts from the Expert Committee on food Safety Risk Assessment.

No fees shall be charged to the producers or traders for the assessment of food safety risks, and the fees for collecting samples shall be paid at the market price.

Article 18 Food safety risk assessment shall be carried out under any of the following circumstances:

(1) discovering potential safety hazards in food, food additives or food-related products through food safety risk monitoring or receiving reports;

(2) where risk assessment is necessary to provide a scientific basis for formulating or revising national standards for food safety;

(3) Risk assessment is required for the purpose of determining the key areas and varieties for supervision and administration;

(4) discovering new factors that may endanger food safety;

(5) It is necessary to judge whether a certain factor constitutes a hidden danger of food safety;

(6) other circumstances in which the health administration department under The State Council deems it necessary to conduct a risk assessment.

Article 19 Where the department of food safety supervision and administration or the department of agricultural administration under The State Council finds it necessary to conduct a food safety risk assessment in the course of supervision and administration, it shall put forward suggestions for food safety risk assessment to the department of public health under The State Council, and provide information and materials such as risk sources, relevant inspection data and conclusions. Under the circumstances provided for in Article 18 of this Law, the administrative department of public health under The State Council shall make a timely assessment of food safety risks and inform the relevant departments under The State Council of the assessment results.

Article 20 The administrative departments of public health and agriculture of the people's governments at or above the provincial level shall timely inform each other of the safety risk monitoring information of food and edible agricultural products.

The administrative departments of public health and agriculture under The State Council shall timely inform each other of the safety risk assessment results of food and edible agricultural products.

Article 21 The results of food safety risk assessment shall be the scientific basis for formulating and revising food safety standards and implementing food safety supervision and administration.

Where a food, food additive or food-related product is found to be unsafe after a food safety risk assessment, the food safety supervision and administration department under The State Council shall, in accordance with its respective functions and duties, immediately make a public announcement to the public, inform consumers to stop eating or using the food, food additive or food-related product, and take corresponding measures to ensure that the production or marketing of the food, food additive or food-related product is stopped; Where it is necessary to formulate and revise the relevant national standards for food safety, the administrative department of public health under The State Council shall, in conjunction with the food safety supervision and administration department under The State Council, immediately formulate and revise them.

Article 22 The food safety supervision and administration department under The State Council shall, in conjunction with the relevant departments under The State Council, make a comprehensive analysis of the food safety situation on the basis of the assessment results of food safety risks and the information of food safety supervision and administration. The food safety supervision and administration department under The State Council shall put forward a food safety risk warning in a timely manner and publicize it to the public as to the food which, through comprehensive analysis, may have a relatively high degree of safety risks.

Article 23 The food safety supervision and administration department of the people's government at or above the county level, other relevant departments, the expert committee for food safety risk assessment and its technical institutions shall, in accordance with the principles of science, objectivity, timeliness and openness, organize food producers or traders, food inspection institutions, certification bodies, food trade associations, consumer associations and the news media, etc. Exchange and communicate food safety risk assessment information and food safety supervision and management information.

Chapter III Food Safety Standards

Article 24 Food safety standards shall be formulated for the purpose of safeguarding public health and shall be scientific, reasonable, safe and reliable.

Article 25 Food safety standards shall be standards for compulsory execution. No compulsory standards for food other than food safety standards shall be formulated.

Article 26 Food safety standards shall include the following:

(1) Limits for pathogenic microorganisms, residues of pesticides, veterinary drugs, biological toxins, heavy metals and other pollutants in food, food additives and food-related products, and other substances harmful to human health;

(2) Variety, scope of use and amount of food additives;

(3) Requirements on the nutritional composition of main and auxiliary foods for infants and young children and other specific groups;

(4) The requirements for labels, signs and instructions relating to the requirements for food safety such as hygiene and nutrition;

(5) hygiene requirements in the course of food production or marketing;

(6) Quality requirements related to food safety;

(7) food inspection methods and rules relating to food safety;

(8) Other contents that need to be established as food safety standards.

Article 27 The national standards for food safety shall be formulated and promulgated jointly by the administrative department of public health under The State Council and the supervisory and administrative department for food safety under The State Council, and the administrative department for standardization under The State Council shall provide the national standard number.

The limit provisions for pesticide residues and veterinary drug residues in food and the inspection methods and procedures thereof shall be formulated by the administrative department of public health under The State Council and the administrative department of Agriculture under The State Council jointly with the supervisory and administrative department of food safety under The State Council.

The inspection procedures for slaughtered livestock and poultry shall be formulated jointly by the administrative department of agriculture under The State Council and the administrative department of public health under The State Council.

Article 28 The national standards for food safety shall be formulated on the basis of the results of the food safety risk assessment, taking full account of the results of the safety risk assessment of edible agricultural products, referring to the relevant international standards and the results of the international food safety risk assessment, and the draft of the national standards for food safety shall be published to the public and the opinions of food producers and traders, consumers and relevant departments shall be widely heard.

The national standards for food safety shall be examined and approved by the examination and Evaluation committee for national Standards for food safety organized by the administrative department of public health under The State Council. The committee for the Review and Evaluation of the national Standards for Food Safety, composed of experts in medicine, agriculture, food, nutrition, biology, environment and other fields as well as representatives of relevant departments under The State Council, food industry associations and consumer associations, examines the scientific nature and practicability of the draft national standards for food safety.

Article 29 Where there are no national standards for food safety for local specialty foods, the administrative department of public health of the people's government of the province, autonomous region or municipality directly under the Central Government may formulate and promulgate the local standards for food safety and report them to the administrative department of public health under The State Council for the record. Such local standards shall be abolished as soon as the national standards for food safety are formulated.

Article 30 The State encourages food production enterprises to formulate enterprise standards stricter than the national or local standards for food safety, which shall be applicable to the enterprises and shall be reported to the administrative department of public health of the people's government of the province, autonomous region or municipality directly under the Central Government for the record.

Article 31 The administrative department of public health of the people's government at or above the provincial level shall publish on its website the national standards, local standards and enterprise standards for food safety formulated and filed for the public to consult and download free of charge.

The administrative department of public health of the people's government at or above the county level shall, in conjunction with relevant departments, give timely guidance and answer questions arising from the implementation of food safety standards.

Article 32 The administrative department of public health of the people's government at or above the provincial level shall, together with the administrative department of food safety supervision and control and agriculture at the same level, follow up and evaluate the implementation of the national and local standards for food safety respectively, and revise the food safety standards in time according to the evaluation results.

The departments of food safety supervision and administration and agricultural administration of the people's governments at or above the provincial level shall collect and summarize the problems existing in the implementation of food safety standards and promptly report them to the administrative departments of public health at the same level.

Where any food producer or trader or food trade association finds any problem in the implementation of food safety standards, it shall immediately report to the administrative department of public health.

Chapter IV Food Production and Marketing

Section I General Provisions

Article 33 Food production or marketing shall conform to the food safety standards and meet the following requirements:

(1) having places for the treatment of raw materials of food and food processing, packaging and storage commensurate with the variety and quantity of food produced or marketed, keeping the environment of such places clean and tidy, and keeping a prescribed distance from toxic or harmful places and other sources of pollution;

(2) It shall have equipment or facilities for production or distribution commensurate with the variety and quantity of the food it produces or markets, and corresponding equipment or facilities for disinfection, dressing, washing, toiletry, lighting, ventilation, corrosion prevention, dust prevention, fly, rodent and insect prevention, washing, waste water treatment and garbage and waste storage;

(3) having full-time or part-time professional and technical personnel for food safety, administrative personnel for food safety and rules and regulations for ensuring food safety;

(4) It shall have reasonable equipment layout and technological flow to prevent cross-contamination between food to be processed and food to be directly imported, raw materials and finished products, and avoid food contact with toxic and unclean materials;

(5) Tableware, drinking utensils and containers for reading-in food shall be washed and disinfected before use; cooking utensils and utensils shall be washed after use and kept clean;

(6) Containers, tools and equipment for the storage, transportation, loading and unloading of food shall be safe and harmless, keep clean, prevent food contamination and meet the special requirements of temperature, humidity and so on required for ensuring food safety, and food shall not be stored or transported together with toxic or harmful articles;

(7) Non-toxic and clean packing materials, tableware, drinking utensils and containers shall be used for food that is directly consumed;

(8) Persons involved in food production or marketing shall maintain personal hygiene, wash their hands well and wear clean work clothes and hats while producing or marketing food; Non-toxic and clean containers, tools and equipment shall be used for the sale of unpackaged, read-to-eat food;

(9) The water used shall conform to the sanitary standards for drinking water set by the State;

(10) The detergents and disinfectants used shall be safe and harmless to human health;

(11) Other requirements stipulated by laws and regulations.

Non-food producers or traders engaged in food storage, transportation, loading and unloading shall comply with the provisions of Item 6 of the preceding paragraph.

Article 34 The production or marketing of the following foods, food additives and food-related products is prohibited:

(1) Food produced from non-food raw materials or food with chemical substances other than food additives or other substances that may harm human health, or food produced from recycled food as raw materials;

(2) Foods, food additives and food-related products with pathogenic microorganisms, residues of pesticides, veterinary drugs, biological toxins, heavy metals and other pollutants, as well as other substances harmful to human health exceeding the food safety standards and limits;

(3) Food or food additives produced from food raw materials or food additives whose shelf life has expired;

(4) Food that uses food additives beyond the scope or limit;

(5) main and auxiliary foods for infants and young children and other specific groups whose nutritional contents do not meet the food safety standards;

(6) Food or food additives that are spoilt and deteriorated, oil and oil rancidity, moldy and insect-producing, unclean and unclean, mixed with foreign bodies, adulterated or with abnormal sensory properties;

(7) meat and products of poultry, livestock, wild animals and aquatic animals that have died of disease, poisoning or unknown causes;

(8) meat that is not subject to quarantine inspection or fails to pass quarantine inspection, or meat products that have not been inspected or fail to pass inspection;

(9) Food or food additives contaminated by packaging materials, containers or means of transport;

(10) Food or food additives marked with a false production date, shelf life or beyond the shelf life;

(11) Pre-packaged food and food additives without labels;

(12) food whose production or marketing is expressly prohibited by the State for the purpose of disease prevention and other special needs;

(13) Other foods, food additives and food-related products that do not conform to laws, regulations or food safety standards.

Article 35 The State applies a licensing system to food production or marketing. Anyone engaged in food production, food sales or catering services shall obtain a license according to law. However, the sale of edible agricultural products does not require a license.

The food safety supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licenses Law of the People's Republic of China, examine the relevant materials submitted by the applicant as required by the provisions of Items 1 to 4 of Paragraph 1 of Article 33 of this Law and, when necessary, carry out on-site inspection of the applicant's production and business operation sites; If the prescribed conditions are met, the license shall be granted; Those who fail to meet the prescribed conditions shall not be granted permission and shall give reasons in writing.

Article 36 Small workshops and food vendors engaged in food production or marketing shall meet the food safety requirements stipulated in this Law in accordance with the scale and conditions of production or marketing and ensure that the food they produce or market is hygienic, non-toxic and harmless, and the food safety supervision and administration departments shall strengthen supervision and administration over them.

The local people's governments at or above the county level shall take comprehensive control of small workshops and food vendors for food production and processing, strengthen services and unified planning, improve their production and business environment, encourage and support them to improve their production and business conditions, operate in fixed places such as centralized trading markets and shops, or operate in designated temporary business areas and time periods.

Specific measures for the administration of small workshops and food vendors for food production and processing shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 37 Where new raw materials for food are used to produce food, or a new variety of food additives or a new variety of food-related products, materials for safety assessment of the relevant products shall be submitted to the administrative department of public health under The State Council. The administrative department of health under The State Council shall, within 60 days from the date of receipt of the application, organize an examination. To those that meet the food safety requirements, grant permission and make public; If it fails to meet the food safety requirements, it shall not grant permission and give reasons in writing.

Article 38 No pharmaceuticals may be added to the food produced or marketed, but substances that are traditionally both food and Chinese medicinal herbs may be added. The catalogue of substances which, according to tradition, are both food and Chinese medicinal herbs shall be formulated and published jointly by the administrative department of public health under The State Council and the supervisory and administrative department of food safety under The State Council.

Article 39 The State applies a licensing system to the production of food additives. Anyone engaged in the production of food additives shall have premises, production equipment or facilities, professional and technical personnel and a management system appropriate to the variety of food additives produced, and shall obtain the production license for food additives in accordance with the procedures prescribed in paragraph 2 of Article 35 of this Law.

The production of food additives shall comply with laws, regulations and national standards for food safety.

Article 40 A food additive may be included in the scope of permissible use only if it is technically necessary and has been proved safe and reliable through risk assessment. The relevant national standards for food safety shall be revised in a timely manner according to the technical necessity and the results of the assessment of food safety risks.

Food producers or traders shall use food additives in accordance with the national standards for food safety.

Article 41 The production of food-related products shall conform to laws, regulations and the national standards for food safety. For food-related products with high risks such as packaging materials that come into direct contact with food, production licenses shall be granted in accordance with the provisions of the State on the administration of production licenses for industrial products. The food safety supervision and administration department shall strengthen the supervision and administration of the production activities of food-related products.

Article 42 The State establishes a whole-process traceability system for food safety.

Food producers or traders shall, in accordance with the provisions of this Law, establish a food safety traceability system to ensure food traceability. The State encourages food producers and traders to collect and retain production and operation information by means of information technology, and establish a food safety traceability system.

The food safety supervision and administration department under The State Council shall, together with the agricultural administration department and other relevant departments under The State Council, establish a whole-process food safety traceability cooperation mechanism.

Article 43 Local people's governments at various levels shall take measures to encourage large-scale production, chain operation and distribution of food.

The State encourages food production or marketing enterprises to participate in food safety liability insurance.

Section 2 Process Control of production and Operation

Article 44 Enterprises engaged in food production or marketing shall establish and improve the food safety management system, train their staff and workers on food safety knowledge, strengthen food inspection, and engage in production or marketing activities according to law.

The principal person-in-charge of an enterprise engaged in food production or marketing shall implement the enterprise food safety management system and be fully responsible for the food safety work of the enterprise.

Enterprises producing or marketing food shall have personnel in charge of food safety and strengthen their training and assessment. Those who do not have the ability of food safety management after assessment shall not take up a post. The food safety supervision and administration department shall conduct random supervision and random examination of the food safety management personnel of the enterprise and publicize the examination results. No fees shall be charged for supervising random inspection and assessment.

Article 45 Food producers or traders shall establish and implement a health control system for employees. Persons suffering from diseases harmful to food safety as prescribed by the administrative department of public health under The State Council may not engage in any work involving contact with directly imported food.

Persons engaged in the production or marketing of food engaged in the work of contacting directly imported food shall undergo an annual health examination and may not start work until they have obtained a health certificate.

Article 46 A food producing enterprise shall formulate and implement control requirements on the following matters to ensure that the food it produces conforms to the food safety standards:

(1) Raw material procurement, raw material acceptance, feeding and other raw materials control;

(2) Control of production processes, equipment, storage, packaging and other key links of production;

(3) Raw material inspection, semi-finished product inspection, finished product delivery inspection and other inspection control;

(4) Transportation and delivery control.

Article 47 Food producers or traders shall establish a food safety self-inspection system and conduct regular inspection and evaluation of the food safety situation. Where the production or marketing conditions are changed and no longer meet the food safety requirements, the food producers or marketers shall immediately take corrective measures; Where there is a potential risk of a food safety accident, it shall immediately stop its food production or marketing activities and report to the food safety supervision and administration department of the local people's government at the county level.

Article 48 The State encourages food production or marketing enterprises to meet the requirements of good production practices, implement hazard analysis and critical control point systems, and improve the level of food safety management.

For food production or marketing enterprises that have passed the certification of good production practices, hazard analysis and critical control point system, the certification body shall carry out follow-up investigation according to law; Any enterprise that no longer meets the requirements for certification shall withdraw its certification according to law, promptly notify the food safety supervision and administration department of the people's government at or above the county level and make it known to the public. Certification bodies shall not charge fees for conducting follow-up investigations.

Article 49 Producers of edible agricultural products shall, in accordance with the food safety standards and the relevant regulations of the State, use agricultural inputs such as pesticides, fertilizers, veterinary drugs, feed and feed additives, strictly observe the provisions on the safety interval or drug rest period for the use of agricultural inputs, and may not use agricultural inputs expressly prohibited by the State. It is prohibited to use highly toxic or highly toxic pesticides on crops regulated by the State, such as vegetables, melons and fruits, tea and Chinese herbal medicines.

Enterprises producing edible agricultural products and specialized peasant cooperative economic organizations shall establish a system of recording the use of agricultural inputs.

The administrative departments of agriculture of the people's governments at or above the county level shall strengthen the supervision, administration and guidance over the use of agricultural inputs and establish and improve the system for the safe use of agricultural inputs.

Article 50 In purchasing food raw materials, food additives and food-related products, a food producer shall examine the supplier's license and product qualification certificate; The raw materials for which no qualification certificate can be provided shall be inspected in accordance with the food safety standards; It shall not purchase or use food raw materials, food additives or food-related products that do not meet food safety standards.

A food producing enterprise shall establish an inspection record system for the purchase of food raw materials, food additives and food-related products, truthfully record the names, specifications, quantities, production dates or batch numbers, shelf life, purchase dates, names, addresses and contact information of suppliers of food raw materials, food additives and food-related products, and keep relevant vouchers. The retention period of records and certificates shall not be less than six months after the expiration of warranty. If the shelf life is not specified, the shelf life shall not be less than two years.

Article 51 A food producing enterprise shall establish a food ex-factory inspection record system, check the inspection certificate and safety status of the ex-factory food, truthfully record the name, specification, quantity, date of production or batch number of production, shelf life, number of inspection certificate, date of sales, and name, address and contact information of the purchaser of the food, and keep the relevant certificates. The period of retention of records and certificates shall comply with the provisions of paragraph 2 of Article 50 of this Law.

Article 52 Producers of food, food additives and food-related products shall, in accordance with the food safety standards, inspect the food, food additives and food-related products they produce, and may leave the factory or sell them only after passing the inspection.

Article 53 In purchasing food, a food trader shall examine the supplier's license and the food ex-factory inspection certificate or other qualification certificates (hereinafter referred to as qualification certificates).

A food trading enterprise shall establish a food purchase inspection record system, truthfully record the name, specification, quantity, date of production or batch number of production, shelf life, date of purchase, name, address and contact information of the supplier of the food, and keep relevant vouchers. The period of retention of records and certificates shall comply with the provisions of paragraph 2 of Article 50 of this Law.

An enterprise engaged in food trading under the unified distribution mode may have its headquarters check the supplier's license and food qualification certificates in a unified manner, and make food purchase inspection records.

An enterprise engaged in the wholesale business of food shall establish a food sales record system, truthfully record the name, specification, quantity, production date or batch number, shelf life, sales date, name, address and contact information of the purchaser of the wholesale food, and keep relevant vouchers. The period of retention of records and certificates shall comply with the provisions of paragraph 2 of Article 50 of this Law.

Article 54 A food trader shall store food in accordance with the requirements for ensuring food safety, inspect the food in stock regularly, and clear up in time the food that has gone bad or has exceeded the shelf life.

When storing food in bulk, a food trader shall indicate the name, date of production or batch number of production, shelf life, name and contact information of the producer of the food at the storage location.

Article 55 A catering service provider shall formulate and implement the control requirements for raw materials and shall not purchase raw materials that do not meet the food safety standards. Food and beverage service providers should be encouraged to disclose the processing process and the information of food raw materials and their sources.

A catering service provider shall, in the course of processing, inspect the food and raw materials to be processed and shall not process or use the food and raw materials to be processed if any of the circumstances prescribed in Item 6 of Article 34 of this Law are found.

Article 56 A catering service provider shall regularly maintain food processing, storage, display and other facilities and equipment; Regularly clean and check the insulation facilities and refrigeration and freezing facilities.

Food and beverage service providers shall clean and disinfect tableware and drinking utensils as required, and shall not use tableware and drinking utensils that have not been cleaned and disinfected; Catering service providers who entrust cleaning and disinfection of tableware and drinking utensils shall entrust centralized disinfection service units of tableware and drinking utensils that meet the requirements prescribed in this Law.

Article 57 The canteens of schools, kindergartens, institutions for the elderly, construction sites and other units for centralized dining shall strictly abide by laws, regulations and food safety standards; Where meals are ordered from a catering unit, orders shall be made from an enterprise that has obtained a license for food production or marketing, and the ordered food shall be inspected in accordance with the requirements. The catering units shall strictly abide by laws, regulations and food safety standards, and ensure food safety when the meals are processed.

The competent departments of schools, kindergartens, institutions for the elderly, construction sites and other units that have centralized meals shall strengthen food safety education and daily management of the units that have centralized meals, reduce food safety risks and eliminate food safety hidden dangers in a timely manner.

Article 58 Service units for centralized disinfection of tableware and drinking utensils shall have appropriate working places, cleaning and disinfection equipment or facilities, and the water used and the detergents and disinfectants used shall conform to the relevant national standards for food safety and other national standards and hygiene norms.

The service unit for centralized disinfection of tableware and drinking utensils shall conduct batch by batch inspection of tableware and drinking utensils, and shall leave the factory only after passing the inspection, and shall attach a certificate of qualified disinfection. The name, address, contact information, date of disinfection and usage period of the unit shall be marked on the independent package of the tableware and drinking utensils after disinfection.

Article 59 Producers of food additives shall establish a record system for ex-factory inspection of food additives, check the inspection certificates and safety conditions of the products, and truthfully record the name, specification, quantity, production date or batch number, shelf life, inspection certificate number, sales date, name, address, contact information and other relevant contents of the food additives. And save the relevant credentials. The period of retention of records and certificates shall comply with the provisions of paragraph 2 of Article 50 of this Law.

Article 60 When purchasing food additives, food additives dealers shall check the supplier's license and product qualification certificate according to law, truthfully record the name, specification, quantity, date of production or batch number, shelf life, date of purchase of food additives, name, address and contact information of the supplier, and keep relevant vouchers. The period of retention of records and certificates shall comply with the provisions of paragraph 2 of Article 50 of this Law.

Article 61 The operators of centralized trading markets, the renters of counters and the organizers of trade fairs shall, in accordance with the law, examine the licenses of food dealers entering the market, clarify their responsibility for food safety management, conduct regular inspections of their business environment and conditions, and find any violation of the provisions of this Law. It shall promptly stop and immediately report to the food safety supervision and administration department of the local people's government at the county level.

Article 62 Providers of third-party online food trading platforms shall register online food operators with their real names and clarify their food safety management responsibilities. If a license should be obtained according to law, it shall also be examined.

Where a third-party platform provider of online food trading finds that an online food operator violates the provisions of this Law, it shall promptly stop and immediately report to the food safety supervision and administration department of the local people's government at the county level; If serious illegal acts are found, the company shall immediately stop providing online trading platform services.

Article 63 The State shall establish a food recall system. Where a food producer finds that the food it produces does not conform to the food safety standards or there is evidence that it may be harmful to human health, it shall immediately stop production, recall the food already on the market and sell, notify the relevant producers, traders and consumers, and record the recall and notification.

Where a food trader discovers that the food he sells falls under the circumstances specified in the preceding paragraph, he shall immediately stop the operation, notify the relevant producers, traders and consumers, and record the suspension and notification. If a food producer considers that a recall is necessary, it shall immediately recall the food. Where the food handled by the food trader falls under the circumstances specified in the preceding paragraph due to reasons attributable to the food trader, the food trader shall recall the food trader.

The food producer or trader shall take such measures as harmless treatment and destruction of the recalled food to prevent it from entering the market again. However, food recalled because the labels, marks or instructions do not meet food safety standards may continue to be sold by food producers, provided that they have taken remedial measures and can ensure food safety; Remedies shall be made clear to consumers at the time of sale.

The food producer or trader shall report the food recall and disposal to the food safety supervision and administration department of the local people's government at the county level; Where the recalled food needs to be treated harmlessly or destroyed, the time and place shall be reported in advance. The food safety supervision and administration department may conduct on-site supervision if it deems necessary.

Where a food producer or trader fails to recall or stop its operation in accordance with the provisions of this Article, the food safety supervision and administration department of the people's government at or above the county level may order it to recall or stop its operation.

Article 64 A wholesale market for edible agricultural products shall be equipped with inspection equipment and inspection personnel or entrust a food inspection institution conforming to the provisions of this Law to conduct sampling inspection on the edible agricultural products sold in the wholesale market. If it finds that it does not meet the food safety standards, it shall require the seller to stop the sale immediately and report to the food safety supervision and administration department.

Article 65 A seller of edible agricultural products shall establish an inspection record system for purchasing edible agricultural products, truthfully record the name, quantity, purchase date of edible agricultural products and the name, address and contact information of the supplier, and keep relevant vouchers. The period of retention of records and certificates shall not be less than six months.

Article 66 Food additives such as preservatives, preservatives, packaging materials and other food-related products used in the packaging, preservation, storage and transportation of edible agricultural products placed on the market shall conform to the national standards for food safety.

Section 3 Labels, Instructions and Advertisements

Article 67 Labels shall be affixed to the packages of prepackaged food. The label shall indicate the following:

(1) Name, specifications, net content and date of production;

(2) a list of ingredients or ingredients;

(3) The name, address and contact information of the producer;

(4) shelf life;

(5) product standard code;

(6) storage conditions;

(7) the general names of the food additives used in the national standards;

(8) Production license number;

(9) Other matters that should be marked in accordance with laws, regulations or food safety standards.

The labels of primary and secondary foods intended for infants and young children and other specific groups should also indicate the main nutritional ingredients and their contents.

Where the national standards for food safety provide otherwise for items on the label, such provisions shall prevail.

Article 68 A food trader selling food in bulk shall indicate on the container or outer package of the food in bulk the name of the food, the date of production or the batch number of production, the shelf life of the food, the name, address and contact information of the producer or trader.

Article 69 The production or marketing of genetically modified food shall be marked conspicuously in accordance with relevant provisions.

Article 70 Food additives shall be labeled, described and packaged. The labels and instructions shall clearly state the matters specified in items 1 to 6, 8 and 9 of Paragraph 1 of Article 67 of this Law, as well as the scope, dosage and method of use of food additives, and the words "food additives" shall be clearly stated on the labels.

Article 71 The labels and descriptions of food and food additives shall not contain false contents and shall not refer to the functions of disease prevention and treatment. Producers and operators shall be responsible for the contents of labels and instructions provided by them.

The labels and instructions of food and food additives shall be clear and obvious, and the production date, shelf life and other matters shall be clearly marked and easy to identify.

Food and food additives that do not conform to the contents of the labels and instructions may not be marketed.

Article 72 A food trader shall sell food in accordance with the requirements of the warning marks, warning instructions or precautions indicated on the food label.

Article 73 The contents of a food advertisement shall be true and legal, shall not contain false contents, and shall not involve the functions of disease prevention and treatment. Food producers and dealers shall be responsible for the authenticity and legality of the contents of food advertisements.

The food safety supervision and administration departments of the people's governments at or above the county level, other relevant departments, food inspection institutions and food trade associations shall not recommend food to consumers by advertisement or other forms. Consumer organizations may not recommend food products to consumers by collecting fees or seeking other benefits.

Section 4 Special Food

Article 74 The State shall exercise strict supervision and control over health food, formula food for special medical purposes, formula food for infants and other special food.

Article 75 The claim of health food for its health function shall be based on scientific evidence and shall not cause acute, subacute or chronic harm to human body.

The catalogue of raw materials for health food and the catalogue of health functions that health food is allowed to claim shall be formulated, adjusted and promulgated by the food safety supervision and administration department under The State Council in conjunction with the administrative department of public health under The State Council and the state administrative department of traditional Chinese medicine.

The list of raw materials of health food shall include the name of raw materials, their dosage and their corresponding effects; The raw materials listed in the list of raw materials for health food can only be used in the production of health food and shall not be used in the production of other food.

Article 76 Health food that uses raw materials other than the list of raw materials for health food and health food that is imported for the first time shall be registered with the food safety supervision and administration department under The State Council. However, if the health food imported for the first time contains supplements of vitamins, minerals and other nutrients, it shall be reported to the food safety supervision and administration department under The State Council for the record. Other health food shall be reported to the food safety supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central Government for the record.

The imported health food shall be products approved for sale by the competent authorities of the exporting country (region).

Article 77 For health food that should be registered according to law, the research and development report, product formula, production technology, safety and health function evaluation, labels, instructions and other materials and samples of health food shall be submitted for registration, and relevant supporting documents shall be provided. The food safety supervision and administration department under The State Council shall, after organizing technical evaluation, grant registration to those who meet the claimed requirements for safety and function; Those who do not meet the requirements shall not be registered and give reasons in writing. Where a decision has been made to grant registration to a health food that uses raw materials other than the catalogue of raw materials for health food, the raw materials shall be included in the catalogue of raw materials for health food in a timely manner.

For health food that shall be put on record according to law, the product formula, production technology, labels, instructions and materials showing the safety and health functions of the product shall be submitted for the record.

Article 78 The labels and instructions of health food shall not involve the functions of disease prevention and treatment, and the contents shall be true and consistent with the contents registered or filed, indicating suitable and unsuitable groups of people, effective ingredients or iconic ingredients and their contents, and stating that "this product cannot replace medicine". The functions and ingredients of health food shall be consistent with the labels and instructions.

Article 79 In the advertisement for health food, in addition to complying with the provisions of paragraph 1 of Article 73 of this Law, it shall also state that "this product cannot replace medicine"; The contents shall be examined and approved by the food safety supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the production enterprise is located, and approval documents for health food advertising shall be obtained. The food safety supervision and administration department of the people's government of the province, autonomous region and municipality directly under the Central Government shall publish and timely update the approved health food advertising catalogue and the approved advertising content.

Article 80 Formula food for special medical purposes shall be registered with the food safety supervision and administration department under The State Council. At the time of registration, the product formula, production techniques, labels, instructions and materials showing the safety, nutritional adequacy and clinical effects of the product for special medical purposes shall be submitted.

The advertising of formula food for special medical purposes shall be governed by the provisions of the Advertising Law of the People's Republic of China and other laws and administrative regulations on the administration of drug advertising.

Article 81 Enterprises producing infant formula food shall carry out quality control throughout the whole process from the raw materials entering the factory to the finished products leaving the factory, and carry out batch by batch inspection of the infant formula food leaving the factory to ensure food safety.

Fresh milk, auxiliary materials and other food raw materials and food additives used in the production of infant formula food shall conform to the provisions of laws and administrative regulations and the national standards for food safety, so as to ensure the nutritional content required for the growth and development of infants and young children.

An enterprise producing infant formula food shall file with the food safety supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central government such matters as food raw materials, food additives, product formula and labels for record.

The product formula of infant formula milk powder shall be registered with the food safety supervision and administration department under The State Council. At the time of registration, the formulation research and development report and other materials indicating the science and safety of the formulation shall be submitted.

Infant formula milk powder shall not be produced in separate packaging, and the same enterprise shall not use the same formula to produce different brands of infant formula milk powder.

Article 82 The registrant or record holder of health food, formula food for special medical purposes or infant formula milk powder shall be responsible for the authenticity of the materials submitted.

The food safety supervision and administration department of the people's government at or above the provincial level shall timely publish the catalogos of health food, formula food for special medical purposes and infant formula milk powder that have been registered or filed, and keep secret the business secrets of the enterprises that have been acquired during the registration or filing.

Enterprises producing health food, formula food for special medical purposes, infant formula milk powder shall organize production in accordance with the registered or filed product formula, production technology and other technical requirements.

Article 83 Enterprises that produce health food, formula food for special medical purposes, formula food for infants and young children and other main and auxiliary food for special groups shall, in accordance with the requirements of good production practices, establish a production quality control system suitable for the food they produce, and conduct regular self-inspection of the operation of the system so as to ensure its effective operation. And submit a self-inspection report to the food safety supervision and administration department of the local people's government at the county level.

Chapter V Food Inspection

Article 84 A food inspection institution may engage in food inspection activities only after it has obtained qualification accreditation in accordance with the relevant State provisions on certification and accreditation. Except as otherwise provided by law.

The qualifications and inspection standards of a food inspection institution shall be formulated by the food safety supervision and administration department under The State Council.

Inspection reports issued by food inspection institutions that comply with the provisions of this Law shall be equally authentic.

People's governments at or above the county level shall integrate food inspection resources and realize resource sharing.

Article 85 Food inspection shall be conducted independently by inspectors designated by a food inspection institution.

Inspectors shall inspect food in accordance with the provisions of relevant laws and regulations, food safety standards and inspection norms, respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and may not issue false inspection reports.

Article 86 Food inspection institutions and inspectors shall be responsible for food inspection. The food inspection report shall be affixed with the official seal of the food inspection institution and bear the signature or seal of the inspector. The food inspection institutions and inspectors shall be responsible for the food inspection reports they issue.

Article 87 The food safety supervision and administration department of the people's government at or above the county level shall conduct regular or irregular sampling inspection of food and publish the inspection results in accordance with the relevant provisions, and shall not be exempted from inspection. To conduct sampling inspection, it shall purchase the sampled samples, entrust a food inspection institution conforming to the provisions of this Law to conduct inspection, and pay relevant fees; Inspection fees and other fees shall not be collected from food producers or traders.

Article 88 If there is any objection to the inspection conclusion made in accordance with the provisions of this Law, the food producer or trader may, within seven working days from the date of receiving the inspection conclusion, file an application for reinspection with the food safety supervision and administration department that conducted the sampling inspection or with the food safety supervision and administration department at the next higher level. The food safety supervision and administration department accepting the application for reinspection shall randomly determine the reinspection institutions to conduct reinspection in the list of institutions for reinspection published. The reinspection conclusion issued by the reinspection authority shall be the final inspection conclusion. The reinspection institution and the primary inspection institution shall not be the same institution. The list of reinspection institutions shall be jointly published by the certification and accreditation supervision and administration, food safety supervision and administration, health administration, agricultural administration and other departments of The State Council.

The rapid testing methods prescribed by the State shall be adopted for random inspection and testing of edible agricultural products. If the persons under random inspection have objections to the test results, they may apply for reinspection within four hours after receiving the test results. Rapid test methods shall not be used for reinspection.

Article 89 A food producing enterprise may inspect the food it produces by itself or entrust a food inspection institution that complies with the provisions of this Law to do so.

Where food trade associations, consumer associations and other organizations or consumers need to entrust food inspection institutions to inspect food, they shall entrust food inspection institutions that conform to the provisions of this Law to inspect food.

Article 90 The provisions of this Law on food inspection shall apply to the inspection of food additives.

Chapter VI Import and Export of food

Article 91 The State entry-exit inspection and quarantine department shall exercise supervision and administration over the safety of imported and exported food.

Article 92 Imported food, food additives and food-related products shall conform to the national standards for food safety.

The imported food and food additives shall pass the inspection by the entry-exit inspection and quarantine institutions in accordance with the relevant laws and administrative regulations on the inspection of import and export commodities.

The imported food and food additives shall be accompanied with qualified certification materials in accordance with the requirements of the State entry-exit inspection and quarantine department.

Article 93 For the import of food that does not yet have the national standards for food safety, the overseas exporter, the overseas production enterprise or the importer entrusted by it shall submit the relevant national (regional) standards or international standards implemented to the department of public health administration under The State Council. The administrative department of public health under The State Council shall examine the relevant standards and, if it deems that they meet the requirements for food safety, decide to temporarily apply them and formulate corresponding national standards for food safety in a timely manner. The import of a new type of food produced using new food raw materials or a new type of food additive or a new type of food-related product shall be handled in accordance with the provisions of Article 37 of this Law.

The entry-exit inspection and quarantine institutions shall, in accordance with the requirements of the administrative department of health under The State Council, inspect the food, food additives and food-related products mentioned in the preceding paragraph. The inspection results shall be made public.

Article 94 Overseas exporters and overseas production enterprises shall guarantee that the food, food additives and food-related products exported to our country conform to this law and the provisions of other relevant laws and administrative regulations and the requirements of the State standards of food safety, and shall be responsible for the content of labels and instructions.

Importers shall establish an examination and verification system for overseas exporters and overseas production enterprises, with emphasis on examining and verifying the contents provided for in the preceding paragraph. Those that fail to pass the examination shall not be imported.

If it is found that the imported food does not conform to the national standards for food safety or there is evidence that it may be harmful to human health, the importer shall immediately stop the import and recall it in accordance with Article 63 of this Law.

Article 95 Where a food safety incident occurring outside China may have an impact on the Chinese territory, or serious food safety problems are found in imported food, food additives or food-related products, the State entry-exit inspection and quarantine department shall promptly take risk early warning or control measures and notify the food safety supervision and administration, public health administration and agriculture administration departments under The State Council. The department receiving the notification shall take corresponding measures in a timely manner.

The food safety supervision and administration departments of the people's governments at or above the county level shall exercise supervision and administration over imported food and food additives sold in the domestic market. Where serious food safety problems are found, the food safety supervision and administration department under The State Council shall promptly notify the State entry-exit inspection and quarantine department. The state entry-exit inspection and quarantine authorities shall take corresponding measures in a timely manner.

Article 96 The overseas exporters or agents that export food to the territory of China and the importers that import food shall put on record with the State entry-exit inspection and quarantine department. The overseas food production enterprises that export food to Chinese territory should be registered by the state exit/entry inspection and quarantine authorities. Where a registered overseas food production enterprise provides false materials or causes a major food safety accident of imported food due to its own reasons, the State entry-exit inspection and quarantine authority shall cancel the registration and make a public announcement.

The State entry-exit inspection and quarantine authority shall regularly publish the list of overseas exporters, agents, importers and registered overseas food production enterprises that have been put on record.

Article 97 Imported prepackaged food and food additives shall bear labels in Chinese; Where an instruction manual is required according to law, it shall also be provided in Chinese. The labels and instructions shall conform to this Law and the provisions of other relevant laws and administrative regulations and the requirements of the national standards for food safety, and shall specify the country of origin of the food as well as the name, address and contact information of domestic agents. Prepackaged food without labels or instructions in Chinese, or labels or instructions not in conformity with the provisions of this Article, may not be imported.

Article 98 Importers shall establish a record system for the import and sale of food and food additives, truthfully record the name, specification, quantity, date of production, batch number of production or import, shelf life, names, addresses and contact information of overseas exporters and buyers, date of delivery, etc., and keep relevant certificates. The period of retention of records and certificates shall comply with the provisions of paragraph 2 of Article 50 of this Law.

Article 99 An enterprise producing export food shall ensure that its exported food meets the standards or contractual requirements of the importing country (region).

The enterprises producing food for export and the planting and breeding farms for exporting food raw materials shall file with the State entry-exit inspection and quarantine authorities for the record.

Article 100 The State entry-exit inspection and quarantine authority shall collect and summarize the following import and export food safety information and timely report it to relevant departments, institutions and enterprises:

(1) Food safety information discovered by the entry-exit inspection and quarantine authorities during the inspection and quarantine of imported and exported food;

(2) Imported food safety information reported by food industry associations, consumer associations and other organizations and consumers;

(3) risk warning information and other food safety information issued by international organizations and overseas government agencies, and food safety information reported by overseas food industry associations and other organizations and consumers;

(4) Other food safety information.

The State entry-exit inspection and quarantine authority shall exercise credit control over importers, exporters and export food producers, establish credit records and publicize them to the public according to law. Importers, exporters and enterprises producing export food with bad records shall strengthen inspection and quarantine of their imported and exported food.

Article 101 The State entry-exit inspection and quarantine authority may evaluate and examine the food safety management system and food safety situation of the countries (regions) that export food to the territory of China, and determine the corresponding inspection and quarantine requirements according to the results of the evaluation and examination.

Chapter VII Handling of Food Safety Accidents

Article 102 The State Council shall organize the formulation of a national emergency plan for food safety accidents.

The local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and regulations, the emergency plans for food safety accidents of the people's governments at higher levels and the actual situation of their respective administrative areas, formulate emergency plans for food safety accidents of their respective administrative areas and report them to the people's governments at the next higher level for the record.

The emergency plan for food safety accidents shall stipulate the classification of food safety accidents, the organization and command system and responsibilities for the disposal of accidents, the prevention and early warning mechanism, the disposal procedure and the emergency support measures.

An enterprise engaged in food production or marketing shall formulate a plan for the disposal of food safety accidents, regularly inspect the implementation of various food safety prevention measures of the enterprise, and promptly eliminate hidden dangers of accidents.

Article 103 The unit where a food safety accident occurs shall take immediate measures to prevent the expansion of the accident. The unit responsible for the accident and the unit that receives the patient for treatment shall promptly report to the administrative department of food safety supervision and administration and public health of the people's government at the county level where the accident occurs.

The administrative departments of agriculture of the people's governments at or above the county level shall, in the course of their daily supervision and administration, discover a food safety accident or receive a report of an accident, immediately report it to the food safety supervision and administration department at the same level.

In the event of a food safety accident, the food safety supervision and administration department of the people's government at the county level which has received the report shall, in accordance with the provisions of the emergency plan, report to the people's government at the same level and the food safety supervision and administration department of the people's government at a higher level. The people's government at the county level and the food safety supervision and administration department of the people's government at a higher level shall submit the report according to the provisions of the emergency plan.

No unit or individual may conceal, falsely report or delay the report of food safety accidents, nor may they conceal, forge or destroy relevant evidence.

Article 104 Where a medical institution discovers that a patient it has received is a patient or suspected patient of a foodborne disease, it shall, in accordance with relevant provisions, promptly report the relevant information to the administrative department of public health under the local people's government at the county level. Where the administrative department of public health of the people's government at the county level considers that food safety is related, it shall promptly notify the food safety supervision and administration department at the same level.

The administrative departments of public health under the people's governments at or above the county level shall, when discovering information related to food safety in the course of investigating and handling infectious diseases or other public health emergencies, promptly notify the food safety supervision and administration departments at the same level.

Article 105 Upon receipt of a report on a food safety accident, the food safety supervision and administration department of the people's government at or above the county level shall immediately investigate and handle it together with the administrative departments of public health and agriculture at the same level, and take the following measures to prevent or reduce social harm:

(1) to carry out emergency rescue work and organize the treatment of persons injured by food safety accidents;

(2) to seal up the food and its raw materials that may cause food safety accidents and conduct immediate inspection; The food and its raw materials confirmed to be contaminated shall be ordered to recall or cease operation of the food producers or traders in accordance with Article 63 of this Law;

(3) seal up the contaminated food-related products and order them to be cleaned and disinfected;

(4) To do a good job in releasing information, publicize food safety accidents and their handling in accordance with the law, and explain and explain the possible hazards.

Where a food safety accident requires the initiation of an emergency plan, the people's government at or above the county level shall immediately establish a command organization for the handling of the accident, initiate an emergency plan, and handle the situation in accordance with the provisions of the preceding paragraph and the emergency plan.

Where a food safety accident occurs, the institution for disease control and prevention at or above the county level shall sanitize the scene of the accident and carry out an epidemiological investigation into the factors related to the accident, and the relevant department shall provide assistance. Institutions for disease prevention and control at or above the county level shall submit epidemiological investigation reports to the administrative departments of food safety supervision and administration and public health at the same level.

Article 106 Where a food safety accident occurs, the food safety supervision and administration department of the people's government of a districted city or above shall immediately conduct an accident responsibility investigation together with the relevant departments, urge the relevant departments to perform their duties, and submit an accident responsibility investigation and handling report to the people's government at the same level and the food safety supervision and administration department of the people's government at the next higher level.

For major food safety accidents involving two or more provinces, autonomous regions or municipalities directly under the Central Government, the food safety supervision and administration department under The State Council shall organize accident responsibility investigation in accordance with the provisions of the preceding paragraph.

Article 107 When investigating a food safety accident, it shall adhere to the principle of seeking truth from facts and respecting science, promptly and accurately ascertain the nature and causes of the accident, determine the responsibility for the accident and propose corrective measures.

In the investigation of food safety accidents, in addition to identifying the responsibility of the accident unit, it shall also identify the responsibility of the relevant supervision and administration departments, food inspection institutions, certification bodies and their staff.

Article 108 The department for investigation of food safety accidents shall have the right to inquire about the information related to the accident from the units and individuals concerned and request the provision of relevant data and samples. The units and individuals concerned shall cooperate and provide relevant materials and samples as required and shall not refuse.

No unit or individual may obstruct or interfere in the investigation and handling of food safety accidents.

Chapter VIII Supervision and Administration

Article 109 The food safety supervision and administration departments of the people's governments at or above the county level shall, on the basis of the results of food safety risk monitoring, risk assessment and food safety status, determine the focus, methods and frequency of supervision and administration and implement risk management by levels.

The local people's governments at or above the county level shall organize the food safety supervision and administration departments and agricultural administration departments at the same level to formulate annual food safety supervision and administration plans in their respective administrative areas, promulgate them to the public and organize their implementation.

The following items shall be the focus of the annual supervision and administration plan for food safety:

(1) main and supplementary foods specially for infants and young children and other specific groups of people;

(2) the addition behavior in the production process of health food, the production organization in accordance with the registered or filed technical requirements, and the information about the function publicity in the labels, instructions and publicity materials of health food;

(3) food producers or traders with a high risk of food safety accidents;

(4) Food safety risk monitoring results indicate that there may be hidden food safety risks.

Article 110 The food safety supervision and administration departments of the people's governments at or above the county level shall, in performing their duties of food safety supervision and administration, have the right to take the following measures to supervise and inspect the compliance of producers or traders with this Law:

(1) entering the premises of production or business operation for on-site inspection;

(2) To conduct sampling inspection of foodstuffs, food additives and food-related products produced or marketed;

(3) to consult and make copies of contracts, bills, account books and other relevant materials;

(4) To seal up or detain food, food additives or food-related products that have evidence to prove that they do not meet food safety standards or have evidence to prove that they have hidden safety risks or are used in illegal production or marketing;

(5) To seal up places that engage in production and business operations in violation of the law.

Article 111 Where the assessment results of food safety risk prove that there are hidden dangers in food safety and it is necessary to formulate or revise the food safety standards, the administrative department of public health under The State Council shall, before formulating or revising the food safety standards, in a timely manner, jointly with the relevant departments under The State Council, formulate the temporary limited value of harmful substances in food and the temporary inspection methods, which shall serve as the basis for production, marketing, supervision and administration.

Article 112 The food safety supervision and administration departments of the people's governments at or above the county level may, in the course of food safety supervision and administration, use the rapid detection methods prescribed by the State to carry out spot checks and tests on food.

The food that may not meet the food safety standards as indicated by the results of random inspection and testing shall be inspected in accordance with the provisions of Article 87 of this Law. Where it is determined that the relevant food does not meet the food safety standards through random inspection, it may be used as the basis for administrative punishment.

Article 113 The food safety supervision and administration department of the people's government at or above the county level shall establish a food safety credit file for food producers or marketers, record the granting of licenses, the results of daily supervision and inspection, the investigation and punishment of illegal acts, and publish it to the public in accordance with law and update it in real time; The food producers or traders with bad credit records shall be subject to more frequent supervision and inspection, and the investment authorities, securities regulatory bodies and relevant financial institutions may be notified to those food producers or traders with serious violations.

Article 114 Where hidden dangers of food safety exist in the process of food production or marketing and no timely measures have been taken to eliminate them, the food safety supervision and administration department of the people's government at or above the county level may hold an interview with the legal representatives or the principal persons in charge of the food producers or marketers. Food producers or traders shall take immediate measures to rectify and eliminate hidden dangers. The situation of responsibility interview and rectification shall be included in the food safety credit files of food producers or dealers.

Article 115 The food safety supervision and administration department of the people's government at or above the county level shall publish the E-mail addresses or telephone numbers of its departments to receive inquiries, complaints and reports. Upon receipt of consultation, complaint and report, the department shall accept and reply, verify and deal with the case within the legal time limit; For cases that do not fall within the responsibilities of their departments, they shall be handed over to the departments that have the power to handle them and notify the consultation, complaint or informant in writing. The department that has the power to handle the matter shall handle the matter promptly within the statutory time limit and shall not shirk the responsibility. The informants shall be rewarded for the verified reports.

The relevant departments shall keep confidential the information of the informant and protect the lawful rights and interests of the informant. Where an informant reports an enterprise to which he belongs, the enterprise may not rescind or alter the labor contract or retaliate against the informant by other means.

Article 116 The food safety supervision and administration departments of the people's governments at or above the county level shall strengthen the training of law enforcement personnel on food safety laws, regulations, standards, professional knowledge and law enforcement ability, and organize assessment. Those who do not have the corresponding knowledge and ability shall not be engaged in the work of food safety law enforcement.

Where any food producer or trader, food industry association or consumer association finds that any food safety law enforcement personnel violates the provisions of laws or regulations or does not regulate law enforcement in the process of law enforcement, it may file a complaint or report to the food safety supervision and administration department or supervisory organ of the people's government at the same level or at a higher level. The department or organ that has received the complaint or report shall verify it and report the verified information to the department to which the food safety law enforcement personnel belongs; Those suspected of violating laws and disciplines shall be dealt with in accordance with this Law and relevant provisions.

Article 117 Where the food safety supervision and administration department of the people's government at or above the county level fails to discover the systemic risk of food safety or eliminate the hidden danger of food safety in the area under its supervision and administration in a timely manner, the people's government at the corresponding level may hold an interview with its principal person in charge.

Where a local people's government fails to perform its food safety duties and eliminate major regional food safety hazards in a timely manner, the people's government at a higher level may hold an interview with its principal persons responsible for the responsibility.

The department for food safety supervision and administration or the local people's government that has been interviewed shall take immediate measures to rectify the work of food safety supervision and administration.

The information of the responsibility interview and rectification shall be included in the records of the evaluation and assessment of the food safety supervision and administration work of the local people's governments and relevant departments.

Article 118 The State shall establish a unified food safety information platform and implement a unified food safety information disclosure system. The general situation of the State food safety, warning information on food safety risks, information on the investigation and handling of major food safety accidents and other information determined by The State Council to be uniformly published shall be uniformly published by the food safety supervision and administration department under The State Council. Where the impact of food safety risk warning information, major food safety accidents and information on their investigation and handling is limited to a specific region, it may also be published by the food safety supervision and administration department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The above information shall not be released without authorization.

The food safety supervision and administration departments of the people's governments at or above the county level and the agricultural administration departments shall, according to their respective functions and duties, publish the daily supervision and administration information on food safety.

The publication of food safety information shall be accurate and timely, with necessary explanations to avoid misleading consumers and public opinion.

Article 119 The food safety supervision and administration department, public health administration department and agriculture administration department of the local people's government at or above the county level shall report to the competent department at a higher level when it becomes aware of the information that needs to be published uniformly in accordance with the provisions of this Law, which shall immediately report to the food safety supervision and administration department under The State Council. If necessary, it may report directly to the food safety supervision and administration department under The State Council.

The departments of food safety supervision and control, public health administration and agriculture administration of the people's governments at or above the county level shall notify each other of the food safety information they have acquired.

Article 120 No unit or individual may fabricate or disseminate false food safety information.

If the food safety supervision and administration department of the people's government at or above the county level finds any food safety information that may mislead consumers and public opinion, it shall immediately organize relevant departments, professional organizations and relevant food producers or traders to verify and analyze it, and publish the results in a timely manner.

Article 121 Where the food safety supervision and administration department of the people's government at or above the county level discovers a suspected food safety crime, it shall, in accordance with the relevant provisions, promptly transfer the case to the public security organ. The public security organ shall promptly examine the transferred case; If a criminal fact is considered to require investigation of criminal responsibility, a case shall be filed for investigation.

If, in the course of investigation of a food safety crime, the public security organ considers that there are no criminal facts or that the criminal facts are significantly minor and that criminal responsibility does not need to be investigated, but administrative responsibility should be investigated according to law, it shall promptly transfer the case to the food safety supervision and administration department and other departments or supervisory organs, and the relevant departments shall handle the case according to law.

Where the public security organ consults the food safety supervision and administration, ecological environment and other departments for assistance in providing inspection conclusions, identification opinions and harmless treatment of the articles involved, the relevant departments shall provide timely assistance.

Chapter IX Legal Liability

Article 122 Whoever, in violation of the provisions of this Law, engages in food production or marketing activities without obtaining a food production or marketing license, or engages in food additive production activities without obtaining a food additive production license, The food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains, the illegal food and food additives and the tools, equipment, raw materials and other articles used in the illegal production and marketing; If the value of food or food additives illegally produced or marketed is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall also be imposed; If the value of the goods is not less than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed.

Those who knowingly engage in the illegal acts prescribed in the preceding paragraph but still provide sites for production or business operation or other conditions shall be ordered by the food safety supervision and administration department of the people's government at or above the county level to stop the illegal acts, confiscate the illegal gains and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Where the lawful rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers or traders of food and food additives.

Article 123 If anyone violates the provisions of this Law under any of the following circumstances, which does not constitute a crime, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and the food illegally produced or sold, and may also confiscate the tools, equipment, raw materials and other articles used in the illegal production or sold; If the value of food illegally produced or marketed is less than 10,000 yuan, a fine of not less than 100,000 yuan but not more than 150,000 yuan shall also be imposed; If the value of the goods is not less than 10,000 yuan, a fine of not less than 15 times but not more than 30 times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked, and the persons directly in charge and other persons directly responsible by the public security organ may be detained for not less than five days but not more than 15 days:

(1) Producing food from non-food raw materials, adding into food chemicals other than food additives or other substances that may endanger human health, or producing food from recycled food as raw materials, or marketing the above-mentioned food;

(2) producing and marketing main and auxiliary foods for infants and young children and other specific groups whose nutritional contents do not meet the food safety standards;

(3) to trade in meat of poultry, livestock, wild animals and aquatic animals that have died of disease, poisoning or the cause of death is unknown, or to produce or trade in products made therefrom;

(4) dealing in meat that is not subject to quarantine inspection or fails to pass quarantine inspection, or producing or marketing meat products that have not been inspected or fail to pass inspection;

(5) producing or marketing food whose production or marketing is expressly prohibited by the State for the purpose of preventing diseases and other special needs;

(6) producing or marketing food with pharmaceuticals added.

If anyone knowingly engages in the illegal acts prescribed in the preceding paragraph but still provides a site for production or business operation or other conditions, the food safety supervision and administration department of the people's government at or above the county level shall order him to stop the illegal acts, confiscate the illegal gains and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan; Where the lawful rights and interests of consumers are harmed, they shall be jointly and severally liable with the food producers or traders.

Whoever illegally uses highly toxic or highly toxic pesticides may, in addition to being punished in accordance with the provisions of relevant laws and regulations, be detained by the public security organ in accordance with the provisions of the first paragraph.

Article 124 If anyone violates the provisions of this Law and commits any of the following acts, which do not constitute a crime, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains, the food and food additives illegally produced or sold, and may confiscate the tools, equipment, raw materials and other articles used in the illegal production or sold; If the value of food or food additives illegally produced or marketed is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall also be imposed; If the value of the goods is not less than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked:

(1) producing and marketing food or food additives that contain pathogenic microorganisms, residues of pesticides, veterinary drugs, biological toxins, heavy metals and other pollutants, as well as other substances harmful to human health in quantities exceeding the food safety standards and limits;

(2) producing food or food additives with raw materials or food additives whose shelf life has expired, or marketing the said food or food additives;

(3) producing or marketing food that uses food additives beyond the scope or in an excessive amount;

(4) producing or marketing food or food additives that are spoiled or deteriorated, oil and oil rancidity, moldy and insect-producing, unclean or unclean, mixed with foreign substances, adulterated or with abnormal sensory properties;

(5) producing or marketing food or food additives that are marked with false production dates, shelf life or beyond the shelf life

(6) producing or marketing health food, formula food for special medical purposes, milk powder formula for infants and young children that has not been registered as required, or failing to organize production in accordance with the registered product formula, production technology and other technical requirements;

(7) producing infant formula milk powder by means of separate packaging, or producing different brands of infant formula milk powder by the same enterprise using the same formula;

(8) failing to pass the safety assessment in the production of food using new food raw materials or producing new varieties of food additives;

(9) Refusing to recall or cease operation of a food producer or trader after being ordered to do so by the food safety supervision and administration department.

Whoever produces or markets food or food additives that do not conform to laws, regulations or food safety standards, except under the circumstances provided for in the preceding paragraph and in Articles 123 and 125 of this Law, shall be punished in accordance with the provisions of the preceding paragraph.

Whoever produces new varieties of food-related products and fails to pass the safety assessment or produces food-related products that fail to meet the food safety standards shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.

Article 125 In case of any of the following violations of the provisions of this Law, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains, food and food additives illegally produced or sold, and may confiscate the tools, equipment, raw materials and other articles used in the illegal production or sold; If the value of food or food additives illegally produced or marketed is less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall also be imposed; If the value of the goods is not less than 10,000 yuan, a fine of not less than five times but not more than ten times the value of the goods shall be imposed; If the circumstances are serious, the company shall be ordered to stop production or business operation until its license is revoked:

(1) producing or marketing food or food additives that have been contaminated by packaging materials, containers or means of transport;

(2) producing or marketing pre-packaged food or food additives without labels or food or food additives whose labels or instructions do not conform to the provisions of this Law;

(3) Failure to label the production or marketing of genetically modified food as required;

(4) Purchasing or using food raw materials, food additives or food-related products that fail to meet food safety standards by food producers or traders.

Where there are defects in the labels or descriptions of food or food additives produced or marketed but do not affect food safety and do not mislead consumers, the food safety supervision and administration department of the people's government at or above the county level shall order correction; Whoever refuses to make corrections shall be fined not more than 2,000 yuan.

Article 126 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered to make corrections and given a warning by the food safety supervision and administration department of the people's government at or above the county level; Whoever refuses to make corrections shall be fined not less than 5,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the company shall be ordered to stop production or business operation until its license is revoked:

(1) The producers of food and food additives fail to inspect the raw materials of food purchased and the food and food additives produced in accordance with the provisions;

(2) An enterprise producing or marketing food fails to establish a food safety control system in accordance with the provisions, or fails to equip, train or examine personnel in charge of food safety in accordance with the provisions;

(3) Producers or traders of food and food additives fail to check the license and relevant certification documents when purchasing food, or fail to establish and observe the system of purchase inspection records, ex-factory inspection records and sales records as required;

(4) The food producing or marketing enterprise fails to formulate a plan for the disposal of food safety accidents;

(5) Tableware, drinking utensils and containers for direct entry food that are not cleaned or disinfected before use, or that are not up to standard, or catering service facilities and equipment are not regularly maintained, cleaned or checked according to regulations;

(6) Food producers or traders arrange persons who have not obtained health certificates or suffer from diseases harmful to food safety as prescribed by the administrative department of public health under The State Council to engage in work involving contact with directly imported food;

(7) The food trader fails to sell food in accordance with the provisions;

(8) The health food producing enterprise fails to register with the food safety supervision and administration department as required, or fails to organize production in accordance with the registered product formula, production technology and other technical requirements;

(9) The producing enterprise of infant formula food fails to file with the food safety supervision and administration department the raw materials, food additives, product formulas, labels, etc.;

(10) The special food producing enterprise fails to establish a production quality management system and run it effectively according to regulations, or fails to submit self-inspection reports regularly;

(11) Failure by food producers or traders to conduct regular inspection and evaluation of the food safety situation, or failure to deal with changes in production or marketing conditions in accordance with regulations;

(12) Schools, nursing institutions, elderly care institutions, construction sites and other centralized dining units fail to fulfill their food safety management responsibilities according to regulations;

(13) Food production enterprises and catering service providers fail to formulate and implement the requirements for control of production and business processes in accordance with regulations.

Where a service unit for centralized disinfection of tableware and drinking utensils, in violation of the provisions of this Law, uses water, detergents and disinfectants, or its tableware and drinking utensils delivered before the factory fail to pass the inspection as prescribed and to attach a certificate of qualified disinfection, or fail to mark relevant contents on its independent packaging as prescribed, the administrative department of public health of the people's government at or above the county level shall punish it in accordance with the provisions of the preceding paragraph.

Any producer of food-related products who fails to inspect the food-related products produced in accordance with the provisions shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.

Any seller of edible agricultural products who violates Article 65 of this Law shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.

Article 127 Penalties for illegal acts committed by small workshops for food production and processing and by food vendors shall be implemented in accordance with the specific administrative measures formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 128 Where, in violation of the provisions of this Law, an accident unit fails to deal with or report a food safety accident, the competent department shall, in accordance with its respective functions and duties, order it to make corrections and give it a warning; Those who conceal, forge or destroy relevant evidence shall be ordered to stop production and business operations, their illegal gains shall be confiscated and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; If serious consequences are caused, the license shall be revoked.

Article 129 Violators of this Law shall be punished by the entry-exit inspection and quarantine body in accordance with the provisions of Article 124 of this Law under any of the following circumstances:

(1) Providing false materials and importing food, food additive or food-related products that fail to meet the national standards of food safety of our country;

(2) Importing food without the national standards for food safety, failing to submit the implemented standards and having been examined by the administrative department of public health under The State Council, or importing food produced with new raw materials or new varieties of food additives or food-related products and failing to pass the safety assessment;

(3) Exporting food without complying with the provisions of this Law;

(4) The importer refuses to recall the imported food after the competent department has ordered it to do so in accordance with the provisions of this Law.

Those importers who, in violation of the provisions of this Law, fail to establish and observe the system of recording the import and sale of food and food additives or the system of examining and approving overseas exporters or producing enterprises shall be punished by the entry-exit inspection and quarantine authorities in accordance with the provisions of Article 126 of this Law.

Article 130 Where, in violation of the provisions of this Law, an operator of a centralized trading market, a tenant of a counter or a host of an exhibition allows a food trader who has not obtained a license according to law to enter the market to sell food, or fails to fulfill the obligations of inspection and reporting, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections and confiscate its illegal gains. And a fine of not less than 50,000 yuan but not more than 200,000 yuan; If serious consequences have been caused, it shall be ordered to suspend business until the license is revoked by the original license-issuing department; Where the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the food business operator.

Where a wholesale market for edible agricultural products violates Article 64 of this Law, it shall be liable in accordance with the provisions of the preceding paragraph.

Article 131 Where, in violation of the provisions of this Law, the providers of third-party online food trading platforms fail to register their real names and examine their licenses for online food traders, or fail to fulfill their obligations such as reporting and stopping the provision of online trading platform services, the food safety supervision and administration departments of the people's governments at or above the county level shall order them to make corrections and confiscate their illegal gains. And a fine of not less than 50,000 yuan but not more than 200,000 yuan; If serious consequences have been caused, it shall be ordered to suspend business until the license is revoked by the original license-issuing department; Where the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the food business operator.

Consumers who purchase food through third-party online food trading platforms and whose legitimate rights and interests are harmed may demand compensation from online food operators or food producers. If the third-party platform provider of online food trading fails to provide the real name, address and effective contact information of the online food operator, it shall be compensated by the third-party platform provider of online food trading. After making compensation, the third-party platform provider of online food trading shall have the right to seek compensation from the online food operator or food producer. Where the third-party platform providers of online food trading make promises that are more beneficial to consumers, they shall fulfill their commitments.

Article 132 Whoever, in violation of the provisions of this Law, fails to store, transport or load or unload food as required shall be ordered to make corrections and given a warning by the food safety supervision and administration department of the people's government at or above the county level according to their respective functions and duties; Those who refuse to make corrections shall be ordered to stop production and business operations and fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the license shall be revoked.

Article 133 Whoever, in violation of the provisions of this Law, refuses, obstructs or interferes with relevant departments, institutions and their staff in carrying out food safety supervision and inspection, accident investigation and handling, risk monitoring and risk assessment according to law shall, in accordance with their respective functions and duties, be ordered by the relevant competent departments to suspend production and business operations and fined not less than 2,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the license shall be revoked; If the case constitutes an act against the administration of public security, the public security organ shall impose a penalty for the administration of public security according to law.

Whoever, in violation of the provisions of this Law, retaliates against the informant by rescinding or altering the labor contract or by other means shall bear the responsibility in accordance with the provisions of the relevant laws.

Article 134 Where a food producer or trader is punished three times in a year for violating the provisions of this Law in addition to being ordered to stop production or business operation or having his license revoked, the food safety supervision and administration department shall order him to stop production or business operation or even revoke his license.

Article 135 A food producer or trader whose license has been revoked, its legal representative, the persons directly in charge and other persons directly responsible may not apply for a license for food production or marketing, or engage in the administration of food production or marketing, or serve as the administrative personnel for food safety in a food production or marketing enterprise within five years from the date of the decision on punishment.

Those who have been sentenced to fixed-term imprisonment or more for food safety crimes shall not be allowed to engage in the administration of food production or marketing for life, nor shall they be allowed to serve as the administration personnel of food safety in food production or marketing enterprises.

Any person employed by a food producer or trader who violates the provisions of the preceding two paragraphs shall have his license revoked by the food safety supervision and administration department of the people's government at or above the county level.

AArticle 136 A food trader who has fulfilled his obligations as prescribed in this Law, such as purchase inspection, and has sufficient evidence to prove that he did not know that the food he purchased did not conform to the food safety standards and can truthfully state the source of his purchase may be exempted from punishment, provided that the food that does not conform to the food safety standards shall be confiscated according to law; If it causes personal, property or other damage, it shall be liable for compensation according to law.

Article 137 Where, in violation of the provisions of this Law, a technical institution or technical personnel undertaking the work of food safety risk monitoring and risk assessment provides false monitoring and assessment information, the persons in charge and technical personnel directly responsible for the technical institution shall be removed from office or dismissed according to law; If a person is qualified for practicing law, his practicing certificate shall be revoked by the competent department that granted him the qualification.

Article 138 Where, in violation of the provisions of this Law, a food inspection institution or a food inspection personnel issues false inspection reports, the competent department or institution that granted the qualification shall revoke the inspection qualification of the food inspection institution, confiscate the inspection fees collected and impose a fine of not less than five but not more than ten times the inspection fees, with the inspection fees being less than 10,000 yuan. And a fine of not less than 50,000 yuan but not more than 100,000 yuan; The persons in charge and food inspection personnel who are directly responsible for the food inspection institution shall be removed from office or dismissed according to law; Where a serious food safety accident occurs, the person-in-charge and food inspection personnel who are directly responsible shall be dismissed.

Personnel of food inspection institutions who have been dismissed in violation of the provisions of this Law shall not be allowed to engage in food inspection work within ten years from the date of the decision on the sanction; Any person in a food inspection institution who has received criminal punishment for illegal acts concerning food safety or who has been fired for producing a false inspection report that leads to a major food safety accident shall not be allowed to engage in food inspection work for life. Where a food inspection institution employs persons who are not allowed to engage in food inspection work, the competent department or institution that granted such qualification shall revoke the inspection qualification of such food inspection institution.

Where a food inspection institution issues a false inspection report, thereby harming the legitimate rights and interests of consumers, it shall be jointly and severally liable with the food producers or traders.

Article 139 Where a certification body, in violation of the provisions of this Law, issues a false certification conclusion, the certification and accreditation supervision and administration department shall confiscate the certification fees collected and impose a fine of not less than five but not more than ten times the certification fees, or a fine of not less than 50,000 but not more than 100,000 yuan if the certification fees are less than 10,000 yuan; If the circumstances are serious, it shall be ordered to suspend business until the approval documents of the certification body are revoked and made public; The person in charge who is directly responsible and the certifying person who is directly responsible shall be revoked of their qualification to practice.

Where a certification body issues a false certification conclusion and damages the legitimate rights and interests of consumers, it shall be jointly and severally liable with the food producer or trader.

Article 140 Whoever, in violation of the provisions of this Law, makes false publicity about food in an advertisement, deceives consumers, or publishes an advertisement for health food for which the approval documents have not been obtained or the contents of the advertisement are inconsistent with the approval documents, shall be punished in accordance with the provisions of the Advertisement Law of the People's Republic of China.

Advertising agents or publishers who design, produce or publish false food advertisements, thereby harming the legitimate rights and interests of consumers, shall be jointly and severally liable with food producers or traders.

Where a public organization or any other organization or individual recommends food to consumers in false advertising or other false publicity, thereby harming the lawful rights and interests of consumers, it shall be jointly and severally liable with food producers or traders.

Where, in violation of the provisions of this Law, a department for food safety supervision and administration, a food inspection institution or a food trade association recommends food to consumers by advertising or other means, and a consumer organization recommends food to consumers by collecting fees or seeking other benefits, the relevant competent department shall confiscate the illegal gains. The person in charge directly responsible and other persons directly responsible shall be given the sanction of major demerit recording, demotion or dismissal according to law; If the circumstances are serious, he shall be given the sanction of dismissal.

Where any false publicity is made to food and the circumstances are serious, the food safety supervision and administration department of the people's government at or above the provincial level shall decide to suspend the sale of such food and make it known to the public; Where such food is still sold, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and the illegally sold food and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan.

Article 141 Whoever, in violation of the provisions of this Law, fabricates or disseminates false food safety information, which constitutes an act against the administration of public security, shall be given administrative penalties for public security by the public security organ according to law.

Where the media fabricate or spread false food safety information, the competent departments concerned shall punish them according to law, and the persons directly in charge and other persons directly responsible shall be given sanctions; Where the lawful rights and interests of citizens, legal persons or other organizations are harmed, they shall bear civil liabilities in accordance with the law for eliminating the impact, restoring their reputations, making compensation for the losses, offering an apology, etc.

Article 142 Where, in violation of the provisions of this Law, a local people's government at or above the county level commits any of the following acts, the persons directly in charge and other persons directly responsible shall be given the punishment of major demerit recording; If the circumstances are serious, he shall be given the sanction of demotion or removal from office; If the circumstances are serious, he shall be given the sanction of dismissal; If serious consequences are caused, the principal person in charge shall also take responsibility and resign:

(1) Failing to promptly organize and coordinate relevant departments to effectively deal with food safety accidents occurring within its administrative region, thus causing adverse effects or losses;

(2) failing to promptly organize rectification of regional food safety problems involving multiple links within its administrative region, resulting in adverse effects or losses;

(3) concealing, falsely reporting or delaying the reporting of food safety accidents;

(4) A particularly serious food safety accident occurs within its administrative region, or a continuous serious food safety accident occurs.

Article 143 Where, in violation of the provisions of this Law, a local people's government at or above the county level commits any of the following acts, the persons directly in charge and other persons directly responsible shall be given the punishment of warning, demerit recording or major demerit recording; If serious consequences are caused, he shall be given the sanction of demotion or dismissal:

(1) Failing to determine the food safety supervision and management responsibilities of relevant departments, failing to establish and improve the working mechanism and information sharing mechanism for food safety supervision and management throughout the process, and failing to implement the food safety supervision and management responsibility system;

(2) Failing to formulate an emergency plan for food safety accidents within its administrative region, or failing to set up an accident handling command organization and start an emergency plan immediately after a food safety accident occurs.

Article 144 Where, in violation of the provisions of this Law, a department of food safety supervision and administration, public health administration or agricultural administration of the people's government at or above the county level commits any of the following acts, the persons directly in charge and other persons directly responsible shall be given the punishment of major demerit demerit; If the circumstances are serious, he shall be given the sanction of demotion or removal from office; If the circumstances are serious, he shall be given the sanction of dismissal; If serious consequences are caused, the principal person in charge shall also take responsibility and resign:

(1) concealing, falsely reporting or delaying the reporting of food safety accidents;

(2) failing to investigate and handle food safety accidents in accordance with regulations, or failing to deal with food safety accidents in a timely manner after receiving a report on them, thus causing an accident to expand or spread;

(3) failing to take appropriate measures in time after reaching the conclusion that food, food additives or food-related products are unsafe through a food safety risk assessment, resulting in a food safety accident or adverse social impact;

(4) to grant a license to an applicant who does not meet the requirements, or to grant a license beyond its statutory functions and powers;

(5) failing to perform the duties of food safety supervision and administration, resulting in a food safety accident.

Article 145 Where, in violation of the provisions of this Law, a department of food safety supervision and control, public health administration or agricultural administration of the people's government at or above the county level commits any of the following acts, resulting in adverse consequences, the persons directly in charge and other persons directly responsible shall be given the sanction of warning, demerit recording or major demerit recording; If the circumstances are serious, he shall be given the sanction of demotion or removal from office; If the circumstances are serious, he shall be given the sanction of dismissal:

(1) failing to report to the competent department at a higher level and the people's government at the same level, or failing to notify each other as required, after acquiring relevant food safety information;

(2) failing to publish food safety information as required;

(3) failing to perform statutory duties, failing to cooperate in investigating and handling illegal acts concerning food safety, or abusing power, neglecting duty, or engaging in malpractices for personal gain.

Article 146 Where a department for food safety supervision and administration, in the course of performing its duties and responsibilities for food safety supervision and administration, illegally implements inspection, coercion and other law enforcement measures, thus causing losses to producers or business operators, it shall make compensation according to law, and impose sanctions on the persons directly in charge and other persons directly responsible according to law.

Article 147 Whoever violates the provisions of this Law and causes personal, property or other damage shall be liable for compensation according to law. Where the property of a producer or business operator is insufficient to bear civil liability for compensation and to pay a fine or fine at the same time, the producer or business operator shall bear civil liability for compensation first.

Article 148 A consumer who suffers damage as a result of a food that does not conform to the food safety standards may demand compensation for losses from the business operator or from the producer. A producer or business operator receiving a consumer's claim for compensation shall practice the system of first responsibility and pay compensation in advance, without being allowed to pass the buck; Where the responsibility falls to the producer, the business operator shall have the right to recover from the producer after making compensation; Where the responsibility falls to the operator, the producer shall have the right to recover from the operator after making compensation.

Where a consumer produces food that does not conform to the food safety standards or knowingly markets food that does not conform to the food safety standards, in addition to demanding compensation for losses, he may also demand compensation of 10 times the amount of money paid or three times the losses from the producer or business operator; If the amount of additional compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, the label or instruction of food contains any defect which does not affect food safety and does not mislead consumers.

Article 149 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter X Supplementary Provisions

Article 150 The meanings of the following terms in this Law:

"Food" means all finished products and raw materials for human consumption or drinking, as well as articles that are traditionally both food and medicinal herbs, but do not include articles for the purpose of healing.

Food safety means that food is non-toxic and harmless, meets the proper nutritional requirements and does not cause any acute, subacute or chronic harm to human health.

Prepackaged food refers to food that is prepackaged in quantitative quantities or prepared in packaging materials or containers.

Food additives refer to artificial or natural substances added to food for the purpose of improving the quality, color, aroma and taste of food, as well as for the needs of preservative, fresh-keeping and processing technology, including nutritional fortifications.

Packaging materials and containers used for food refer to paper, bamboo, wood, metal, enamels, ceramics, plastics, rubber, natural fibers, chemical fibers, glass and other products used for packaging or holding food or food additives, as well as paints that come into direct contact with food or food additives.

Tools and equipment used for food production or marketing refer to machinery, pipes, conveyor belts, containers, utensils and tableware that come into direct contact with food or food additives during the production, sale or use of food or food additives.

Detergents and disinfectants used for food refer to substances used directly for washing or disinfecting food, tableware and drinking utensils, as well as tools and equipment that come into direct contact with food, or packaging materials and containers for food.

The shelf life of food refers to the period during which food maintains its quality under the indicated storage conditions.

Foodborne diseases refer to infectious, toxic and other diseases caused by pathogenic factors in food entering the human body, including food poisoning.

Food safety accidents refer to food-borne diseases, food contamination and other accidents originating from food that are harmful to human health or may be harmful to human health.

Article 151 For the food safety control of genetically modified food and table salt not provided for in this Law, the provisions of other laws and administrative regulations shall apply.

Article 152 Measures for the administration of food safety in railway and civil aviation operations shall be formulated by the food safety supervision and administration department under The State Council in conjunction with the relevant departments under The State Council in accordance with this Law.

Specific measures for the control of health food shall be formulated by the food safety supervision and administration department under The State Council in accordance with this Law.

Specific measures for the administration of production activities of food-related products shall be formulated by the food safety supervision and administration department under The State Council in accordance with this Law.

The supervision and administration of food at frontier ports shall be carried out by the entry-exit inspection and quarantine authorities in accordance with this Law and other relevant laws and administrative regulations.

The food safety control measures for food specially for the armed forces and food supplied for its own use shall be formulated by the Central Military Commission in accordance with this Law.

Article 153 The State Council may adjust the food safety supervision and administration system in light of actual needs.

Article 154 This Law shall come into force as of October 1, 2015.