On September 26, the State Administration for Market Regulation issued the Provisions on Enterprises' Implementation of the Supervision and Administration of the Main Responsibility for Food Safety (hereinafter referred to as the Provisions), which will come into force on November 1, 2022.
"Regulations" requirements, improve the corporate responsibility system. Food production or marketing enterprises shall establish and improve the food safety management system and implement the food safety responsibility system. Food production or marketing enterprises of a certain scale shall, in addition to food safety personnel, appoint food safety directors according to law; It is necessary to establish a food safety responsibility system in which the principal person in charge of the enterprise assumes overall responsibility, and the food safety director and food safety officer are graded to be responsible.
The Regulation requires improving the risk prevention and control mechanism. Enterprises should establish a dynamic management mechanism based on food safety risk prevention and control, formulate a list of food safety risk control, and establish and improve the working mechanism of daily control, weekly investigation and monthly scheduling. Daily control refers to the daily Food Safety Inspection Record formed by food safety personnel according to the risk control list. Weekly investigation, refers to the food safety director or food safety officer weekly investigation risk, analysis and judgment, solve the problem, the formation of weekly food safety investigation and treatment report; Monthly scheduling means that the main person in charge of the enterprise listens to the work report every month and forms the Monthly Food safety Scheduling Meeting Minutes.
The Regulations require clear measures to safeguard the performance of duties. Enterprises shall support and guarantee food safety directors and food safety officers to carry out food safety management according to law. If the food safety director or the food safety officer finds that there is a potential risk of a food safety accident, he or she shall put forward a rejection proposal such as stopping the relevant food production or marketing activities. The establishment, adjustment and performance of the principal person, food safety director and food safety officer shall be recorded and filed as an important part of the supervision and inspection of the market supervision department. To organize the training of food safety directors and food safety officers, provide corresponding guarantees, and give commendations and rewards to those whose work results are outstanding.
"Provisions" requirements, improve the relevant legal responsibility. In accordance with the law, it shall clarify the legal liabilities of enterprises for failing to implement the food safety responsibility system and failing to equip, train and evaluate food safety directors and food safety officers according to regulations. It is clarified that if a food production or marketing enterprise or any other enterprise has illegal circumstances as prescribed in the Food Safety Law, and the enterprise or its principal person in charge fails to accept the veto proposal put forward by the food safety director or food safety officer without justifiable reasons, it shall be classified as the situation of intentionally carrying out illegal acts as stipulated in Article 75 of the Implementing Regulations of the Food Safety Law; No punishment shall be given to food safety directors or food safety officers who have performed their duties according to law.