Article 1 In order to strengthen the daily supervision and inspection of food production and operation activities, implement the main responsibilities of food producers and operators, and ensure food safety, these Measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and other laws and regulations.
Article 2 These Measures shall apply to the daily supervision and inspection by the food and drug supervision and administration departments on the implementation of food safety laws, regulations, rules and food safety standards by food producers and operators (including food additives).
Article 3 The daily supervision and inspection of food production and operation shall follow the principles of territorial responsibility, comprehensive coverage, risk management and information disclosure.
Article 4 China Food and Drug Administration shall be responsible for supervising and guiding the daily supervision and inspection of food production and operation throughout the country. The provincial food and drug supervision and administration department is responsible for supervising and guiding the daily supervision and inspection of food production and operation within its administrative area. City and county food and drug supervision and management departments are responsible for the implementation of daily supervision and inspection of food production and operation within their respective administrative areas.
Article 5 The food and drug supervision and administration departments at the municipal and county levels may, on the basis of comprehensive coverage, randomly select food producers and operators, randomly select supervisors and inspectors, and conduct off-site inspection and cross-inspection.
Article 6 Food producers and business operators and their employees shall cooperate with the food and drug supervision and administration department to carry out daily supervision and inspection of food production and operation, and ensure that the supervision and inspection personnel perform their duties according to law.
Article 7 The food and drug supervision and administration departments at or above the provincial level shall strengthen the informatization construction of daily supervision and inspection of food production and operation, and the food and drug supervision and administration departments at the municipal and county levels shall record, summarize and analyze the daily supervision and inspection information of food production and operation, and improve the daily supervision and inspection measures. Food producers and business operators shall provide data and information related to food production and operation in accordance with the requirements of the food and drug supervision and administration department.
Chapter II Supervision and Inspection Matters
Article 8 The supervision and inspection items in food production include the production environment conditions of food producers, incoming inspection results, production process control, product inspection results, storage and delivery control, unqualified product management and food recall, employee management, food safety accident handling, etc. In addition to the supervision and inspection items specified in the preceding paragraph, the supervision and inspection items in health food production also include producer qualification, product labels and instructions, entrusted processing, production management system, etc.
Article 9 The supervision and inspection items in food sales include the qualification of food sellers, health management of employees, implementation of general regulations, implementation of prohibitive regulations, business process control, incoming inspection results, food storage, recall of unsafe food, labels and instructions, sales of special food, sales of imported food, handling of food safety accidents, sales of edible agricultural products, etc. , as well as marketers, counter lessors, exhibition organizers and third-party platform providers of online food transactions.
Article 10 The supervision and inspection items of catering services include the qualification of catering service providers, health management of employees, control of raw materials, processing and production process, management and publicity of food additives, maintenance of equipment and facilities, cleaning and disinfection of tableware, and handling of food safety accidents.
Chapter III Requirements for Supervision and Inspection
Article 11 The municipal and county-level food and drug supervision and management departments shall, according to the annual food safety supervision and management plan of the municipal and county-level people's governments, formulate annual daily supervision and inspection plans and implement food safety risk management according to factors such as food category, enterprise scale, management level, food safety status and credit record. The daily supervision and inspection plan shall include inspection items, inspection methods, inspection frequency, sampling food types and sampling proportion. The inspection plan shall be made public.
Article 12 China Food and Drug Administration shall, according to the provisions of laws, regulations, rules and national food safety standards on the obligations of food producers and operators, formulate a list of key points for daily supervision and inspection. The provincial food and drug supervision and management departments can refine and supplement the main points of daily supervision and inspection according to needs. City and county food and drug supervision and management departments shall, in accordance with the main points of daily supervision and inspection, conduct daily supervision and inspection of food producers and operators.
Thirteenth local food and drug supervision and management departments at or above the county level shall train and assess the supervision and inspection personnel in food safety laws, regulations, rules, standards, professional knowledge and key points of supervision and inspection.
Fourteenth city and county food and drug supervision and management departments to carry out daily supervision and inspection, should be attended by more than 2 (including 2) supervision and inspection personnel. The supervision and inspection personnel shall be randomly selected by the food and drug supervision and administration department. Supervision and inspection personnel shall produce valid law enforcement certificates on the spot.
Fifteenth according to the daily supervision and inspection plan, the city and county food and drug supervision and management departments can randomly select part of the contents of the Daily Supervision and Inspection List for inspection, and can randomly conduct sampling inspection. The relevant inspection contents shall be made clear by the food and drug supervision and administration department before the implementation of the inspection, and the inspectors shall not arbitrarily change the inspection items. Sixteenth city and county food and drug supervision and management departments shall, in principle, cover all items in the daily supervision and inspection of food producers and operators within their respective administrative areas.
Legal basis:
Measures for the administration of food safety sampling inspection
Article 40 After receiving the unqualified inspection conclusion of supervision and sampling inspection, food producers and operators shall immediately take risk control measures such as sealing up unqualified food, suspending the production and operation of unqualified food, notifying relevant producers and operators and consumers, recalling unqualified food that has been put on the market, investigating unqualified reasons and making rectification, report the handling situation to the local market supervision and management department in a timely manner, actively cooperate with the market supervision and management department for investigation and handling, and shall not refuse or evade.
During the period of re-inspection and objection, food producers and business operators shall not stop fulfilling the obligations stipulated in the preceding paragraph. If food producers and business operators do not take the initiative to perform, the market supervision and management department shall order them to perform.
When the national interests and public interests need it, or in order to deal with major food safety emergencies, with the consent of the market supervision and administration department at or above the provincial level, the market supervision and administration department at or above the provincial level may organize investigation and analysis or conduct sampling inspection again to find out the reasons for non-conformity.