Chapter I General Principles
Chapter II Food Hygiene
Chapter III Hygiene of Food Additives
Chapter IV Hygiene of Food Containers, Packaging Materials and Food Tools and Equipment
Chapter V Formulation of Food Hygiene Standards and Management Measures
Chapter VI Food Hygiene Management
Chapter VII Food Hygiene Supervision
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated with a view to ensuring food hygiene, preventing food pollution and harmful factors from harming the human body, safeguarding human health and enhancing physical fitness.
Article 2 The State practices a food hygiene supervision system.
Article 3 The administrative department of health of the State Council shall be in charge of the supervision and administration of food hygiene throughout the country.
The relevant departments of the State Council are responsible for the management of food hygiene within the scope of their respective duties.
Article 4 Whoever engages in food production and marketing within the territory of People's Republic of China (PRC) must abide by this Law.
This law applies to all foods, food additives, food containers, packaging materials and tools, equipment, detergents and disinfectants for food. It is also suitable for food production and business premises, facilities and related environments.
Article 5 The State encourages and protects social organizations and individuals to exercise social supervision over food hygiene.
Anyone who violates this law has the right to report and accuse.
Chapter II Food Hygiene
Article 6 Food shall be non-toxic and harmless, meet the prescribed nutritional requirements, and have corresponding sensory characteristics such as color, fragrance and taste.
Article 7 The main and supplementary foods specially designed for infants and young children must meet the nutrition and hygiene standards formulated by the health administrative department of the State Council.
Article 8 The process of food production and marketing must meet the following hygiene requirements:
(a) keep the internal and external environment clean and tidy, take measures to eliminate harmful insects such as flies, rats and cockroaches and their breeding conditions, and keep a prescribed distance from toxic and harmful places;
(2) Food production and marketing enterprises shall have workshops or places suitable for the processing, handling, packaging and storage of food raw materials;
(three) there should be corresponding facilities for disinfection, dressing, washing, lighting, lighting, ventilation, anti-corrosion, dust prevention, fly prevention, rodent prevention, washing, sewage discharge and garbage and waste storage;
(4) The equipment layout and technological process shall be reasonable, so as to prevent the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and the food shall not contact with toxic and unclean substances;
(5) Tableware, drinking utensils and containers directly containing food must be washed and disinfected before use, and cookware and utensils must be washed and kept clean after use;
(6) Containers, packages, tools, equipment and conditions for storing, transporting and loading and unloading food must be safe and harmless, kept clean and prevented from food pollution;
(7) The food for direct entrance shall be packaged in small packages or non-toxic and clean packaging materials;
(eight) food production and marketing personnel should always maintain personal hygiene. When producing and selling food, you must wash your hands and wear clean work clothes and hats; When selling directly imported food, sales tools must be used;
(nine) the water must meet the hygienic standards for drinking water in urban and rural areas stipulated by the state;
(10) The detergents and disinfectants used shall be safe and harmless to human body.
Hygienic requirements for food vendors and food operators in urban and rural fairs in the process of food production and marketing shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government in accordance with this Law.
Article 9 The production and marketing of the following foods are prohibited:
(a) corruption, rancidity, mildew, moth-eaten, unclean, mixed with foreign objects or other abnormal sensory properties, which may be harmful to human health;
(2) Containing or contaminated with toxic or harmful substances, which may be harmful to human health;
(three) containing pathogenic parasites and microorganisms, or the content of microbial toxins exceeds the national standard;
(four) meat and its products that have not been inspected by veterinary hygiene or are unqualified;
(5) Birds, livestock, beasts, aquatic animals and their products that have died of illness, poisoning or unknown causes;
(six) the container packaging is unclean, seriously damaged or the means of transport is unclean, resulting in pollution;
(seven) doping, adulteration, forgery, affecting nutrition and hygiene;
(8) Processing non-food raw materials, adding non-food chemicals or treating non-food as food;
(nine) beyond the shelf life;
(ten) in order to prevent diseases and other special needs, the administrative department of health of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the central government explicitly prohibit the sale;
(eleven) containing additives that have not been approved by the health administrative department of the State Council, or pesticide residues exceeding the allowable amount stipulated by the state;
(twelve) other do not meet the food hygiene standards and hygiene requirements.
Article 10 No medicine may be added to food, except for raw materials, seasonings or nutritional fortifiers which are traditionally both food and medicine.
Chapter III Hygiene of Food Additives
Article 11 The production, operation and use of food additives must conform to the hygiene standards for the use of food additives and the provisions of hygiene management measures; Food additives that do not meet the hygiene standards and hygiene management measures shall not be operated and used.
Chapter IV Hygiene of Food Containers, Packaging Materials and Food Tools and Equipment
Twelfth food containers, packaging materials, food tools and equipment must meet the hygiene standards and hygiene management measures.
Thirteenth food containers, packaging materials and food production tools and equipment must use raw materials that meet the hygiene requirements. Products should be easy to clean and disinfect. Chapter v formulation of food hygiene standards and management measures.
Chapter V Formulation of Food Hygiene Standards and Management Measures
Article 14 The national hygiene standards, hygiene management measures and inspection rules for food, food additives, food containers and packaging materials, tools and equipment for food, detergents and disinfectants for cleaning food, and tools and equipment for food, as well as the allowable limits of pollutants and radioactive substances in food, shall be formulated or approved by the administrative department of health of the State Council.
Article 15 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local hygiene standards for foods for which the state has not formulated hygiene standards, and report them to the health administrative department of the State Council and the standardization administrative department of the State Council for the record.
Article 16 Food additives with hygienic significance in the national product quality standards must be approved by the administrative department of health of the State Council.
Safety evaluation of agricultural chemicals such as pesticides and fertilizers must be approved by the administrative department of health of the State Council.
Veterinary health inspection rules for livestock and poultry slaughter shall be formulated by the relevant administrative department of the State Council in conjunction with the administrative department of health of the State Council.
Chapter VI Food Hygiene Management
Article 17 The food production, operation and management departments of the people's governments at all levels shall strengthen the management of food hygiene and check the implementation of this Law.
People's governments at all levels shall encourage and support the improvement of food processing technology and promote the improvement of food hygiene quality.
Eighteenth food production and marketing enterprises should improve the food hygiene management system, equipped with full-time or part-time food hygiene management personnel, and strengthen the inspection of food production and marketing.
Article 19 The site selection and design of new, expanded and rebuilt projects of food production and marketing enterprises shall meet the hygiene requirements, and the administrative department of health must participate in the design review and project acceptance.
Twentieth new varieties of food and food additives produced by using new resources, production and operation enterprises must provide the information needed for product hygiene evaluation and nutritional evaluation before putting into production; For new varieties of food containers, packaging materials, food tools and equipment produced with new raw materials, production and operation enterprises must provide the information needed for product hygiene evaluation before putting into production. Samples should be provided before the above new varieties are put into production, and submitted for approval according to the prescribed food hygiene standards approval procedures.
Article 21 product name, place of origin, factory name, production date, batch number or code, specifications, formula or main components, shelf life, eating or using methods, etc. It must be indicated on the packaging label or product description according to different products. Product descriptions of food and food additives shall not contain exaggerated or false propaganda contents.
Food packaging labels must be clear and legible. Foods sold in the domestic market must have Chinese labels.
Twenty-second shows that the food with specific health functions, its products and instructions must be submitted to the health administrative department of the State Council for examination and approval, and its health standards and production management measures shall be formulated by the health administrative department of the State Council.
Article 23 Foods with specific health care functions shall not be harmful to human health. The contents of the product instructions must be true, and the functions and components of the products must be consistent with the instructions, and there shall be no falsehood.
Article 24 Producers of food, food additives, containers, packaging materials and other special tools for food must pass the inspection in accordance with hygiene standards and hygiene management measures before leaving the factory or selling them.
Article 25 When purchasing food and its raw materials, food producers and business operators shall obtain inspection certificates or inspection lists in accordance with the relevant provisions of the state, and the sellers shall guarantee to provide them. The scope and types of required documents shall be stipulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-sixth food production and marketing personnel must carry out health examination every year; Food production and marketing personnel who have joined the work newly or temporarily must have a health examination and obtain a health certificate before they can take part in the work.
Anyone who suffers from dysentery, typhoid fever, viral hepatitis and other digestive tract infectious diseases (including pathogen carriers), active tuberculosis, suppurative or exudative skin diseases and other diseases that hinder food hygiene shall not take part in direct contact with imported food.
Article 27 Before applying for registration with the administrative department for industry and commerce, food production and marketing enterprises and food vendors must first obtain the hygiene license issued by the administrative department for health. Those who have not obtained the hygiene license shall not engage in food production and business activities.
Food producers and business operators shall not forge, alter or lend hygiene licenses.
Measures for the administration of the issuance of health permits shall be formulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 28 Organizers of various food markets shall be responsible for the management of food hygiene in the markets, and set up necessary public health facilities in the markets to maintain good environmental hygiene.
Article 29 The administrative department for industry and commerce shall be responsible for the management of food hygiene in urban and rural fairs, and the administrative department for health shall be responsible for the supervision and inspection of food hygiene.
Article 30 Imported food, food additives, food containers, packaging materials and tools and equipment for food must conform to the national hygiene standards and hygiene management measures.
The imported products listed in the preceding paragraph shall be subject to hygiene supervision and inspection by the port imported food hygiene supervision and inspection agency. Only those who pass the inspection are allowed to import. The customs will release the goods with the inspection certificate.
When applying for inspection, the importer shall provide the relevant information and inspection report of pesticides, additives and fumigants used in the exporting country (region).
The imported products listed in the first paragraph shall be inspected according to the national hygiene standards. If there is no national hygiene standard, the importing entity must provide the hygiene evaluation data issued by the health department or organization of the exporting country (region), which will pass the inspection by the port imported food hygiene supervision and inspection agency and be reported to the health administrative department of the State Council for approval.
Article 31 The export food shall be supervised and inspected by the national import and export commodity inspection department.
The customs shall release the goods with the certificate issued by the national import and export commodity inspection department.
Chapter VII Food Hygiene Supervision
Article 32 The health administrative department of the local people's government at or above the county level shall exercise the duties of food hygiene supervision within its jurisdiction.
The food hygiene supervision institutions established by the administrative departments of railways and communications shall exercise the duties of food hygiene supervision stipulated by the administrative department of health of the State Council in conjunction with the relevant departments of the State Council.
Article 33 The duties of food hygiene supervision are:
(a) to carry out food hygiene monitoring, inspection and technical guidance;
(two) to assist in the training of food production and marketing personnel, and to supervise the health examination of food production and marketing personnel;
(three) to publicize the knowledge of food hygiene and nutrition, conduct food hygiene evaluation, and publicize the food hygiene situation;
(four) to conduct health examination on the site selection and design of new, expanded and rebuilt projects of food production and operation enterprises, and to participate in the project acceptance;
(five) to investigate food poisoning and food pollution accidents and take control measures;
(6) Conducting patrol supervision and inspection on acts violating this Law;
(seven) to investigate the responsibility for violating this law and impose administrative penalties according to law;
(eight) responsible for other food hygiene supervision matters.
Article 34 The health administrative department of the people's government at or above the county level shall set up food hygiene supervisors. The food hygiene supervisor shall be a qualified professional, and a certificate shall be issued by the health administrative department at the same level.
Railway and transportation food hygiene supervisors shall be issued certificates by their superior competent departments.
Article 35 Food hygiene supervisors shall perform tasks assigned by the administrative department of health.
Food hygiene supervisors must enforce the law impartially, be loyal to their duties, and may not abuse power for personal gain.
When performing their tasks, food hygiene supervisors can get information from food producers and operators, obtain necessary information, enter production and business premises for inspection, and take samples free of charge in accordance with regulations. Production operators shall not refuse or conceal.
Food hygiene supervisors have the obligation to keep confidential the technical information provided by producers and operators.
Article 36 The health administrative departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to needs, designate qualified units as food hygiene inspection units to conduct food hygiene inspection and issue inspection reports.
Article 37 The health administrative department of the local people's government at or above the county level may take the following temporary control measures against food producers and operators who have caused food poisoning accidents or have evidence that they may cause food poisoning accidents:
(a) sealing up the food and its raw materials that cause food poisoning or may cause food poisoning;
(two) sealed contaminated food tools and utensils, and ordered to clean and disinfect.
After inspection, the contaminated food should be destroyed; Unpacked food should be unsealed.
Thirty-eighth units that have food poisoning and units that receive patients for treatment shall, in addition to taking rescue measures, report to the local health administrative department in a timely manner in accordance with relevant state regulations.
After receiving the report, the health administrative department of the local people's government at or above the county level shall promptly investigate and deal with it and take control measures.
Chapter VIII Legal Liability
Article 39 Whoever, in violation of the provisions of this Law, produces or markets food that does not meet the hygiene standards, causing food poisoning accidents or other food-borne diseases, shall be ordered to stop production and marketing, destroy the food that causes food poisoning or other food-borne diseases, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed.
Anyone who, in violation of the provisions of this Law, produces or markets food that does not meet the hygiene standards, causing serious food poisoning accidents or other serious food-borne diseases, and causing serious harm to human health, or adulterates toxic and harmful non-food raw materials into the food produced or marketed, shall be investigated for criminal responsibility according to law.
One of the acts listed in this article shall revoke the hygiene license.
Article 40 Anyone who, in violation of the provisions of this Law, engages in food production and marketing activities without obtaining a hygiene license or forging a hygiene license shall be banned, his illegal income shall be confiscated, and a fine of not less than one time but not more than five times his illegal income shall be imposed; If there is no illegal income, a fine ranging from 500 yuan to 30,000 yuan shall be imposed. Alter or lend the hygiene license, confiscate the hygiene license, confiscate the illegal income, and impose a fine of 1 times and less than 3 times the illegal income; If there is no illegal income, a fine of more than 500 yuan 1 10,000 yuan shall be imposed.
Article 41 Anyone who, in violation of the provisions of this Law, fails to meet the hygiene requirements in the food production and marketing process shall be ordered to make corrections, given a warning and may be fined not more than 5,000 yuan; Refuses to correct or has other serious circumstances, the health permit shall be revoked.
Article 42 Whoever, in violation of the provisions of this Law, produces or markets food that is prohibited from production and marketing shall be ordered to stop production and marketing, immediately announce the recall of the sold food, destroy the food, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.
Article 43 Whoever, in violation of the provisions of this Law, produces and markets the main and auxiliary foods specially designed for infants and young children that do not meet the nutritional and hygienic standards shall be ordered to stop production and marketing, immediately announce the recall of the sold foods, destroy the foods, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.
Article 44 Anyone who, in violation of the provisions of this Law, produces, markets or uses food additives, food containers, packaging materials, tools and equipment for food, detergents and disinfectants that do not meet the hygiene standards and hygiene management measures shall be ordered to stop production or use, his illegal income shall be confiscated, and a fine of not less than one time but not more than three times his illegal income shall be imposed; If there is no illegal income, a fine of less than 5,000 yuan shall be imposed.
Article 45 Whoever, in violation of the provisions of this Law, produces and markets food with specific health care functions without the examination and approval of the administrative department of health of the State Council, or the product description of the food is false, shall be ordered to stop production and marketing, his illegal income shall be confiscated, and he shall be fined not less than one time but not more than five times his illegal income; If there is no illegal income, a fine of 1000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.
Article 46 Whoever, in violation of the provisions of this Law, fails to indicate or falsely indicate the specified items such as the date of production and shelf life on the packaging labels or product specifications of stereotyped packaged foods and food additives, or fails to indicate Chinese labels in violation of the provisions, shall be ordered to make corrections and may be fined between 500 yuan and 10,000 yuan.
Article 47 Whoever, in violation of the provisions of this Law, engages in food production and marketing without obtaining a health certificate, or fails to transfer the production and marketing personnel who are not allowed to have direct contact with imported food due to illness, shall be ordered to make corrections and may be fined not more than 5,000 yuan.
Article 48 Whoever, in violation of the provisions of this Law, causes food poisoning accidents or other food-borne diseases, or causes damage to others due to other acts in violation of this Law, shall bear civil liability for compensation according to law.
Article 49 The administrative punishment prescribed in this Law shall be decided by the health administrative department of the local people's government at or above the county level. Other organs exercising the power of food hygiene supervision as stipulated in this Law shall, within the scope of their duties, make administrative punishment decisions in accordance with the provisions of this Law.
Fiftieth if a party refuses to accept the decision on administrative punishment, he may, within fifteen days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice.
The reconsideration organ shall make a reconsideration decision within fifteen days from the date of receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the reconsideration decision.
If the party concerned neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment may apply to the people's court for compulsory execution.
Article 51 Where the administrative department of public health violates the provisions of this Law and issues hygiene licenses to unqualified producers and operators, administrative sanctions shall be imposed on the persons who are directly responsible; Whoever accepts bribes and constitutes a crime shall be investigated for criminal responsibility according to law.
Article 52 If a food hygiene supervisor abuses his power, neglects his duty or engages in malpractices for personal gain, causing a major accident and constituting a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, administrative sanctions shall be imposed according to law.
Article 53 Whoever obstructs food hygiene supervision and management personnel from performing their duties according to law by violence or threat shall be investigated for criminal responsibility according to law; Those who refuse or obstruct the food hygiene supervision and management personnel from performing their duties according to law without using violence or threats shall be punished by the public security organs in accordance with the regulations on administrative penalties for public security.
Chapter IX Supplementary Provisions
Article 54 The meanings of the following terms in this Law:
Food: refers to all kinds of finished products and raw materials for human consumption or drinking, as well as articles that are traditionally both food and medicine, but do not include articles for therapeutic purposes.
Food additives: chemical synthetic or natural substances added to food to improve the quality, color, aroma and taste of food and meet the needs of preservation and processing technology.
Nutritional fortifier: refers to natural or synthetic food additives added to food to enhance nutritional components, which belong to the scope of natural nutrients.
Food containers and packaging materials refer to paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, glass and other products used for packaging and containing food, as well as coatings in contact with food.
Tools and equipment for food: machinery, pipes, conveyor belts, containers, utensils, tableware, etc. That is, the food that comes into contact with in the process of production and operation.
Food production and operation: refers to the production (excluding planting and breeding), collection, purchase, processing, storage, transportation, display, supply and sales of all foods.
Food producers and operators: refers to all units or individuals engaged in food production and operation, including staff canteens and food vendors.
Article 55 Measures for the administration of exported food shall be formulated separately by the national import and export commodity inspection department in conjunction with the health administrative department of the State Council and other relevant administrative departments.
Article 56 Measures for the hygienic management of special food and self-provided food for the army shall be formulated by the Central Military Commission (CMC) in accordance with this Law.
Article 57 This Law shall come into force as of the date of promulgation. "People's Republic of China (PRC) Food Hygiene Law (Trial)" shall be abolished at the same time.