Second Article The city administrative area of food production and management of safety supervision and management, the application of these measures.
Import and export of food inspection and quarantine and supervision and management in accordance with relevant state regulations.
Article 3 The food referred to in these Measures refers to a variety of finished products for human consumption or drinking and raw materials and according to the tradition of both food and medicine items, including planting, breeding of unprocessed or primary processing of grain, vegetables, dairy, aquatic products, livestock products and other agricultural products, as well as industrial processing, production of products for human consumption or drinking, but does not include articles for therapeutic purposes. purposes.
Article 4 The City shall implement a food market access system.
The market access referred to in these measures, refers to the operation of food in the city should be inspected, tested, livestock products should be quarantined, in line with national, provincial and municipal quality and health and safety requirements, without inspection, testing, quarantine, or by the inspection, testing, quarantine unqualified food products shall not be operated by the management system.
The government encourages and guides enterprises to produce and operate high-quality food. Pollution-free agricultural products, green food, organic food, famous-brand products and other titles or certifications and operate under the brand of food, the title or certification can be exempted from inspection within the validity of the title or certification.
Article V The city to establish food producers self-test, industry self-regulation, government supervision combined with inspection and supervision system.
Food producers should be produced and operated by the food self-inspection or entrusted with the appropriate qualifications of the organization inspection, testing.
Industry associations should strengthen the supervision of the industry, self-regulation.
Cities, districts, county-level people's governments of the relevant administrative departments should establish and improve the food safety inspection, testing system; regular implementation of various types of food inspection, testing; guidance, standardization, supervision of food producers self-inspection and self-regulation of industry behavior.
Article VI of the municipal people's government set up a leading group of food safety supervision and management, unified coordination of food safety supervision and management work.
The people's governments of the districts and counties are responsible for the supervision and management of food safety in their respective jurisdictions in accordance with these measures.
Article 7 The relevant administrative departments of the government shall do a good job in the supervision and management of food safety in accordance with the following provisions:
(a) the administrative department of commerce is responsible for the food circulation field of industry guidance and management; rectify and standardize the order of food circulation, promote the reform of the food circulation system, the establishment of a sound food safety inspection and testing system; is responsible for the supervision and management of the slaughter and processing of livestock products, and the supervision and management of livestock slaughtering and processing. Management, as well as livestock slaughtering and processing plants (farms) to establish the audit; responsible for the city's food business outlets planning and its adjustment; in collaboration with relevant departments of the food wholesale and retail market supervision and management.
(2) the administrative department of agriculture is responsible for the planning and organization of production bases for food and agricultural products; the implementation of agricultural quality and safety monitoring system; responsible for animal and plant and their products, epidemic prevention, quarantine and quality and safety monitoring; responsible for seeds (breeding poultry, breeding animals), fertilizers, pesticides, veterinary drugs and other production, operation and use of supervision and management; the city's feed management department is responsible for the production and operation and use of feed, feed additives and other supervision and management. Feed, feed additives and other production, operation, use of supervision and management.
(c) quality and technical supervision departments responsible for the supervision and management of food production and processing enterprises and food quality monitoring; responsible for the organization and implementation of food quality and safety market access system and supervision and management; responsible for the organization of agricultural products, such as agricultural standards and norms and supervise the implementation of the development; responsible for the supervision and management of food quality certification and accreditation.
(d) the administrative department of health is responsible for food production, processing and circulation of food hygiene supervision and management; audit and issue of food hygiene permits; the implementation of food hygiene supervision and quantitative grading management system; improve the monitoring network of food contaminants.
(v) the administration for industry and commerce is responsible for the supervision and management of food business practices; responsible for food production and operation of enterprises and individual business registration; supervision and inspection of the circulation of food quality; investigate and deal with illegal business practices as well as unlicensed, unlicensed processing and operation of food violations.
(F) the administrative department of environmental protection is responsible for food processing plants (farms), production bases of edible agricultural products and business sites of environmental conditions and pollution prevention and management.
(vii) public security, planning, drug supervision and other relevant administrative departments within their respective areas of responsibility to assist in the supervision and management of food safety.
Article VIII of the industry associations can develop and implement food production and management of industry norms, food production and management enterprises to provide information, technical guidance and services. Chapter II Food Production and Processing Management Section I. Management of production bases for food and agricultural products Article IX Municipal, district and county-level people's governments shall, according to the actual situation in their respective regions, formulate plans for the planting and breeding bases of agricultural products in line with the standards of hygiene, quality, environment and safety; and to support the establishment and development of planting and breeding bases for agricultural products.
Municipal agriculture, environmental protection and other administrative departments shall, in accordance with their respective responsibilities, the construction of agricultural planting and breeding bases for guidance and supervision.
Article X. Agricultural products planting and breeding bases shall implement the safety tracking system for agricultural products. The development of production technical procedures, the establishment of production record files, recording the use of pesticides, fertilizers, veterinary drugs, fish medicine, feed and feed additives, as well as epidemic prevention and quarantine.
Other agricultural products planting, farming households should refer to the management of the production base, recording the use of pesticides, fertilizers, veterinary drugs, fish medicine, feed and feed additives.
The municipal administrative department of agriculture in accordance with its responsibilities to develop the implementation of agricultural safety tracking system and organize the implementation of the program.
Article XI of agricultural products, planting and breeding bases shall establish a safety inspection system for agricultural products, provide proof of agricultural products inspection.
Livestock slaughtering plant (farm) slaughtered livestock shall have the origin of the county above the animal epidemic prevention and quarantine supervision institutions issued by the certificate of quarantine; plant (farm) meat should be stamped with the designated slaughtering plant (farm) of the meat inspection and veterinary quarantine inspection and supervision of the city's animal epidemic prevention and veterinary quarantine inspection of veterinary medicine chapter, and with the city's animal epidemic prevention and supervision of the city's animal quarantine inspection issued by the animal product quarantine certificate and the designated slaughtering plant (farm) issued by the livestock safety inspection system. farm) issued by the city's animal epidemic prevention and supervision agencies of animal products quarantine certificate and designated slaughter plant ( farm) issued by the livestock products inspection certificate.
Processed, packaged agricultural products, should be attached to the product packaging label. Label should be marked in Chinese product standard code, product name, net weight, production base, processing units, production date, shelf life.
Article XII of agricultural products, planting, breeding bases should establish a commitment to the safety of agricultural products.
Agricultural planting, breeding base in the product before the market, should be on the safety of its products to agriculture, health administrative departments and operators to make a commitment.
Agricultural products planting and breeding base safety commitment system, by the municipal agriculture, health administrative departments in accordance with their respective responsibilities, to develop and organize the implementation of the implementation plan.
Article XIII of the city to implement pollution-free agricultural products and pollution-free agricultural production base certification system.
Producers of agricultural products can apply for certification of pollution-free agricultural products and pollution-free agricultural production bases in accordance with the provisions of the "Certification Procedures for Pollution-Free Agricultural Products" and "Certification Procedures for Pollution-Free Agricultural Production Bases".
Those who have passed the national or provincial certification may mark the corresponding certification mark on the production bases and agricultural products as well as their packages; those who have not passed the national or provincial certification shall not use the certification mark of pollution-free agricultural products and pollution-free agricultural products production bases.
Article 14 The planting and breeding bases of agricultural products as well as other planting and breeding households shall promptly carry out harmless treatment of agricultural products with excessive toxic and hazardous substances and shall not be put on the market for sale.
Slaughterhouses, livestock breeding bases (farms) and other places of unqualified quarantine or death, death of livestock and their products, the excreta of infected livestock, shall be promptly in accordance with the relevant provisions of the harmless disposal, shall not be discarded. Section II of the management of food production and processing enterprises
Article XV engaged in the production and processing of food, shall be in accordance with the relevant provisions of the food hygiene license and food production license, in accordance with the relevant provisions of food hygiene and quality management of production and processing of food.
Article XVI of food production and processing enterprises shall establish a food safety tracking system.
Food production and processing enterprises to purchase food and its raw materials should be in accordance with state regulations to obtain a certificate of conformity, retain raw materials, semi-finished products and finished products before leaving the factory inspection records, and retained samples. Retained samples should be in accordance with the varieties, batch number categorized and stored in a dedicated sample library.
Municipal health, quality and technical supervision of the administrative departments in accordance with their respective responsibilities to develop food safety tracking system and organize the implementation of the implementation of the program.
Article XVII of food production and processing enterprises should establish a system of inspection, the establishment of health and quality inspection room compatible with the scale of production, the production and processing of food inspection.
Article XVIII of food production and processing enterprises should be in accordance with health standards and health management regulations on the production and processing of food for health inspection or commissioned with the appropriate qualifications of the inspection agency on behalf of the inspection, the issuance of certificates of compliance with health inspection.
Article 19 of the food production and processing enterprises should be in accordance with product standards and quality management requirements for the implementation of the enterprise production and processing of food inspection.
Food production and processing enterprises should have the ability to inspect the product, with the production of products compatible with the quality inspection and measurement of detection means. Do not have the ability to factory inspection of enterprises, should be entrusted to the State Administration of Quality Supervision, Inspection and Quarantine unified announcement, with the appropriate qualifications of the inspection agency for product inspection.
Acquisition of food production license and factory inspection of products with the ability of enterprises, their own production and processing of food production license belongs to the permitted range of food quality. State for some special food inspection of other provisions, in accordance with relevant state regulations.
Article 20 of the implementation of food quality and safety market access system of food, before leaving the factory must be printed (paste) food quality and safety market access "QS" logo; "QS" logo should be in the smallest unit of sales of food packaging or labeling printed (paste). Chapter III Food Management Section I. Management of food operators
Article 21 Food operators shall establish a system of purchase inspection, inspection and quarantine of imported goods to obtain certificates of conformity, and the establishment of accounts.
Article 22 of the food market operators shall be uninspected, tested agricultural products, shall not operate without testing or testing of unqualified food.
The city's hotels, restaurants, hospitals, schools, kindergartens, institutions and other enterprises and other collective dining units should be procured by the government certified production base of edible agricultural products or by the inspection, testing and quarantine of qualified food. Procurement of substandard food caused by food poisoning, the unit and its main leaders and directly responsible for the responsibility of personnel.
Article 23 of the city, district, county-level cities, the relevant functional departments shall strengthen the monitoring of food safety, the regular implementation of various types of food inspection and guidance, supervision of enterprises and industry testing activities, the establishment of rapid food safety testing and processing mechanism, the configuration of mobile food safety monitoring facilities. Found that does not meet the mandatory standards and other quality, health and safety requirements of food can be on-site monitoring and sealing treatment, and timely delivery of product quality testing organizations for re-inspection, re-inspection of qualified, should be immediately lifted the administrative coercive measures.
Cities, districts, county-level people's governments shall organize the relevant functional departments of agricultural production bases, food production and processing enterprises and food markets for joint sampling, and will be sampling and the results of the law regularly announced.
Article 24 The city to implement food safety information notification system. The municipal government shall establish a food safety information service platform, regularly publish food safety information, and provide consumers with reporting and information query services. Section II of the management of food markets
Article 25 The food markets referred to in these measures refers to food wholesale markets, meat Lai (farmers) market, food supermarkets.
The government supports and encourages the establishment and development of fresh food supermarkets, and encourages the existing meat and vegetable (farmers) market for upgrading or supermarketization.
Meat and vegetable (farmers) market transformation conditions and requirements by the municipal commercial administrative department in conjunction with the industry and commerce, planning, health, environmental protection departments to develop separately.
Article 26 of the establishment of meat (farmers) market, wholesale food markets should be consistent with the city's urban planning, commercial network development planning and establishment conditions.
Meat and vegetables (farmers) market, the establishment of wholesale food markets, by the administrative department of commerce in conjunction with the planning, industry and commerce, agriculture, health, environmental protection and other administrative departments.
Article 27 The city to implement the food market operator responsibility system.
Market operators have the responsibility for the management of the safety of foodstuffs operated in their markets.
Article 28 The market operator has the following responsibilities:
(a) equipped with the size of the food market and food business varieties, the number of facilities and equipment and full-time supervision and management of food hygiene, safety and quality personnel;
(b) configured with the size of the food market inspection facilities; the market for the operation of the food for sampling, testing, and in accordance with relevant regulations Sent for inspection;
(3) with the administrative supervision and management departments to urge the market operators to operate legally, and urge the market operators to sell inspection, quarantine-qualified food;
(4) organization of the food business operators to conduct regular health checks; with the relevant administrative law enforcement departments to implement temporary control measures;
(5) verification, registration of business operations in the venue of business owners of the Business license, tax registration certificate and various types of business permits;
(f) and into the field of business operators to sign a food safety agreement to clarify the responsibilities of both parties, the field of its sales of food safety to customers to make a commitment;
(vii) the market operator should be set up in the market in a prominent position to set up a warning sign, the market business operators of poor records are regularly announced. Section III Management of Waste Edible Fats and Oils
Article 29 prohibits the use of waste edible fats and oils for food processing.
This refers to the waste edible oil and grease, including food production and management process does not meet the food hygiene standards of animal and plant fats and oils, from the "driving rain" in the oil and grease wastewater, oil and water separator or grease trap separation and treatment of oil and grease.
Article 30 of the waste edible oil and grease units shall, in accordance with the provisions of the district, county-level municipal environmental protection department shall truthfully declare the type of waste edible oil and grease, the number of recycling units.
Article 31 The waste edible oils and fats shall be recovered and processed by the units that meet the conditions stipulated in Articles 32 and 33 of these Measures, and unauthorized disposal is prohibited.
Article 32 of the waste edible fats and oils recovery unit shall meet the following conditions:
(a) a collection of waste edible fats and oils to prevent pollution of the environment knowledge collectors;
(b) there are in line with the environment, sanitation, and public security and traffic management and other aspects of the requirements of the means of transportation;
(c) transfer of waste edible fats and oils of the storage site and its facilities in line with the requirements of environmental protection. environmental protection requirements.
The recycling unit shall sign an agreement on environmental responsibility for the recycling of waste edible fats and oils with the administrative department of environmental protection of the district or county-level city in which it is located, as well as an agreement on the treatment of waste edible fats and oils with the waste edible fats and oils processing unit.
Article 33 of the waste edible oil and grease processing units shall meet the following conditions:
(a) business location in line with urban planning and environmental protection planning;
(b) with a mastery of the waste edible oil and grease processing technology professionals;
(c) with pollution prevention and control facilities to meet environmental protection requirements.
Waste edible oils and fats processing units should be located in the district, county-level municipal environmental protection administrative department signed an agreement on the environmental responsibility of waste edible oils and fats processing, as well as waste edible oils and fats recycling units signed an agreement on waste edible oils and fats treatment.
Article 34 The waste edible oil and grease recycling and processing units shall comply with the following provisions:
(1) Establishing an account system for the sources, quantities and destinations of waste edible oil and grease;
(2) Implementing a joint slip system for the transfer of waste edible oil and grease;
(3) Establishing and perfecting a system of training and licensure of operators;
(4) Governing the processing of edible oil and grease in accordance with the prescribed standards;
(5) Establishing an agreement on the disposal of edible oil and grease in accordance with the provisions of the Agreement on Environmental Protection. ) To manage the pollutants generated in accordance with the prescribed standards. Chapter IV Legal Liability Article 35 The production and processing of foodstuffs shall be subject to the following administrative penalties for the following acts:
(1) In violation of the provisions of the first paragraph of Article 11 of these Measures, the competent department of agricultural administration shall order rectification and impose a fine of not less than one thousand yuan and not more than fifty thousand yuan; in violation of the provisions of the second paragraph of Article 11, the slaughtering plant (farm) out of the factory (farm) of the meat is not covered with a qualified chapter of the meat inspection, a qualified chapter of the veterinary surgeon, or does not have a qualified chapter of quarantine, or does not have a qualified chapter of the meat inspection. quarantine qualified seal, or does not have a certificate of quarantine qualified animal products and livestock products inspection qualified certificate, by the competent administrative department of commerce confiscate the meat and illegal income, and may be imposed a fine of not more than three times the amount of the illegal operation; violation of the provisions of paragraph 3 of Article 11, the quality and technical supervision department shall be warned and ordered to make corrections.
(2) violation of the provisions of paragraph 3 of Article 13 of these Measures, the competent department of agricultural administration shall order rectification, seize its sign, confiscate the illegal income, and impose a fine of one to two times the illegal income.
(3) violation of the provisions of Article 14 of these Measures, the animal epidemic prevention and supervision agencies to give a warning; refuses to correct, the animal epidemic prevention and supervision agencies in accordance with the law on behalf of the treatment, the treatment of the necessary costs borne by the offender.
(4) violation of the provisions of Article 15 of these Measures, without obtaining a food hygiene license to engage in food production and management activities, by the competent administrative department of health shall be banned, confiscate the illegal income and impose a fine of more than three times the illegal income of more than five times the fine, there is no illegal income, shall be imposed on a fine of more than 1,000 yuan of more than 30,000 yuan; unauthorized production of food production without obtaining a food production license, by the quality and technology supervision Department ordered to stop production and sales, the deadline for obtaining a food production license, and impose illegal production and sale of products from fifteen to twenty percent of the value of the amount of the fine, with the illegal income, confiscate the illegal income; cause losses, shall be held accountable.
(E) violation of the provisions of Article 16, by the competent administrative department of health and quality and technical supervision departments in accordance with their respective functions to be warned and ordered to rectify.
(F) violation of the provisions of Article 18 of these Measures, food production and processing enterprises did not produce and process the food for health inspection, or did not provide health inspection certificate, by the competent administrative department of health shall be sentenced to a fine of more than one thousand yuan to less than thirty thousand yuan.
(7) violation of the provisions of Article 19, food production enterprises do not have the ability to inspect the quality of products and commissioned the factory inspection without unauthorized factory sales, or food production enterprises have the ability to inspect the products and not in accordance with the provisions of the implementation of the factory inspection of the products, by the quality and technology supervision department ordered to make corrections; overdue or serious, impose a fine of 30,000 yuan The following fine; the circumstances are serious, revoke the food production license.
(H) violation of the provisions of Article 20, obtain a food production license, not in accordance with the provisions of the food "installed on the print (paste)" QS "logo, by the quality and technical supervision departments shall order rectification; the circumstances are serious, punishable by a fine of less than 30,000 yuan, revocation of food production license.
Article 36 of the food business has one of the following acts, the following administrative penalties:
(a) violation of the provisions of Article 21 of these Measures, the failure to establish a system of inspection of purchases or accounts, by the administration for industry and commerce ordered to make corrections within a specified period of time, and if the failure to make corrections, shall be imposed a fine of less than one thousand yuan; does not carry out the establishment of inspection and acceptance of the system, the administration for industry and commerce ordered to make corrections, and impose a fine of two hundred yuan. correction, and impose a fine of less than two hundred dollars.
(2) violation of the provisions of Article 22 of these Measures, the competent department of agricultural administration shall impose a fine of not less than five thousand yuan and not more than twenty thousand yuan.
(3) violation of the provisions of the first paragraph of Article 29 of these Measures, the competent administrative department of health shall order the cessation of production and operation, confiscate the illegal income, and impose a fine of not less than double and not more than five times the illegal income; if there is no illegal income, a fine of not less than one thousand yuan and not more than fifty thousand yuan. In serious cases, revocation of health license.
(4) violation of the provisions of Article 30 of these Measures, by the municipal, district and county-level municipal environmental protection administrative department shall order a deadline for correction, and impose a fine of not more than ten thousand yuan.
(5) In violation of the provisions of Article 31 of these Measures, the waste edible oil and grease will be handed over to the units that do not meet the conditions stipulated in Articles 32 and 33 of these Measures for recycling and processing, the environmental protection department of the district or county-level city shall impose a fine of not more than 30,000 yuan.
(6) If a person violates the conditions stipulated in Articles 32 and 33 of these Measures and engages in unauthorized recycling and processing of waste edible oils and fats, the environmental protection department of the district or county-level city shall order the cessation of the illegal act, confiscate the illegal gains, and impose a fine of less than 10,000 yuan.
(7) violation of the provisions of Article 34 of these Measures, the failure to establish an account system, the failure to implement the transfer of waste edible oil and grease joint bill system, by the district, county-level municipal environmental protection department shall be fined less than 30,000 yuan.
Article 37 market operators in violation of the provisions of Article 28 (a) (e) (f) (g), by the administration for industry and commerce shall be ordered to make corrections within a certain period of time, and if no corrections are made, shall be fined 3,000 yuan; violation of the provisions of Article 28 (b) (c) (d), by the administration for industry and commerce shall be imposed a fine of less than 20,000 yuan.
Article 38 If a producer or seller adulterates or adulterates a food product, passes off a fake as the real one, passes off a second-rate product as a good one or passes off an unqualified product as a qualified product, which constitutes a criminal offense, he or she shall be prosecuted by the judicial organs for criminal responsibility in accordance with the provisions of Article 140 of the Criminal Law of the People's Republic of China*** and the State of China.
Article 39 violation of these measures, refusing or obstructing state officials to perform their duties in accordance with law, by the public security departments in accordance with the "Regulations on Public Security Administration Punishments"; the use of violence, threatening methods, constituting a crime, by the judicial organs in accordance with the "Criminal Law of the Chinese People's Republic of China *** and the State".
Article 40 of the city of commerce, agriculture, quality supervision, health, industry and commerce, environmental protection and other administrative departments of the staff in the supervision and management of food safety activities, do not perform the corresponding duties specified in these Measures or abuse of power, dereliction of duty, favoritism, solicitation and acceptance of bribes, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.