The implementation regulations of the hottest food

  • Detail

On July 24, the implementation regulations of the food safety law (hereinafter referred to as the regulations) was officially promulgated and implemented. As the refinement and implementation rules of the legal provisions of the food safety law, the regulations have obvious significance in strengthening China's food safety supervision and improving the level of food safety. Before the official introduction of the regulations, on April 23, the Legislative Affairs Office of the State Council solicited public opinions from all sectors of the society on the draft regulations, and received nearly 10000 feedback

[follow-up interview]

the head of the Legislative Affairs Office of the State Council said that compared with the draft regulations, the regulations have made further adjustments and amendments in three aspects: first, further implement the enterprise as the first person of food safety, strengthen the prevention in advance and the control of production and operation process, and the traceability of food after safety but low polishing rate accidents; Second, further strengthen the responsibilities of various departments in the safety supervision of the US $126million food research for the commercial utilization of graphene, and improve the mutual coordination, connection and cooperation of regulatory departments in the system of combining division of labor and responsibility with unified coordination; The third is to specify some more principled provisions of the food safety law and enhance the operability of the system

by comparing the regulations with the draft regulations, it is found that there are more than 50 large and small amendments, including some important amendments

key point of Revision 1: food safety standards

in the draft regulations, the provisions on food safety standards are placed in Chapter II "food safety risk monitoring, evaluation and food safety standards"; In the regulations, "food safety standards" were "singled out" as the third chapter. In addition to the change of location, there are also some noteworthy changes in the specific provisions:

the provision that "if food producers and operators and food industry associations find problems in the implementation of food safety standards, they should immediately report to the food safety supervision and administration department" has been added

for the food safety risk assessment work, the starting premise was reduced from 7 to 5, and "it is necessary to judge whether a certain food is safe" and other contents were deleted

as for the composition of the national food safety standard review committee, it is changed from "composed of relevant experts organized by the health administration department of the State Council and representatives of the health administration, agricultural administration, quality supervision, industry and commerce administration, national food and Drug Administration and the industry, information and commerce departments of the State Council" to "organized by the health administration department of the State Council"

key point 2 of revision: the regulation on food production and operation adds specific provisions to the production license of food production enterprises, that is, "the quality supervision and management department at or above the county level shall review relevant materials, verify the production site and inspect relevant products in accordance with relevant laws and administrative regulations; if the relevant materials and sites meet the specified requirements and the relevant products meet the food safety standards or requirements, it shall make a decision to approve the license."

another important amendment is that the regulation changes the validity period of food production license, food circulation license and catering service license from 4 years to 3 years

in addition, the regulations added "if a food production and operation enterprise finds that there is a potential risk of food safety accidents, it shall immediately stop food production and operation activities" "If the quality supervision, Administration for Industry and Commerce and food and drug supervision and administration departments at or above the county level find that they do not meet the requirements of food production and operation, they shall order them to correct immediately and deal with them according to law; if they no longer meet the conditions of production and operation license, they shall revoke the relevant license according to law", etc

in the provisions on food recall, in view of the recall of food due to the fact that the food labels, labels or instructions do not meet the food safety standards, the Regulations stipulates that if the food is to be resold, the food producers should not only take remedial measures to ensure food safety, but also express remedial measures to consumers at the time of sale

in addition, the regulations also clearly stipulates that persons suffering from gastrointestinal infectious diseases such as dysentery, typhoid fever, viral hepatitis A, viral hepatitis E, and diseases impeding food safety such as active tuberculosis, suppurative or exudative skin diseases are not allowed to work with directly imported food

key point 3 of revision: the regulation on the supervision of imported and exported food clearly stipulates that imported food additives that do not have Chinese labels or instructions, or that the labels and instructions do not comply with the provisions of this article, shall not be imported

the regulation adds specific provisions to the inspection application of imported food, that is, "the importer of imported food shall submit the contract, invoice, packing list, bill of lading and other necessary certificates and relevant approval documents to the entry-exit inspection and quarantine institution at the customs declaration place for inspection. The imported food shall pass the inspection of the entry-exit inspection and quarantine institution. The customs shall release it with the customs clearance certificate issued by the entry-exit inspection and quarantine institution."

the regulation also requires the national entry-exit inspection and quarantine department to notify the health administration department of the State Council in accordance with Article 12 of the food safety law if it finds substances that are not specified in the national food safety standards and may endanger human health in imported food

key point 4 of revision: the law

the regulations highlights the punishment for the local government and relevant regulatory departments' failure to perform their statutory duties of food safety supervision and management, and stipulates that if there is a major food safety accident in this administrative region, causing serious social impact, the person in charge directly responsible for the local government and other direct personnel shall be given the punishment of recording a major demerit, demotion, dismissal or dismissal according to law; The person in charge and other direct personnel directly responsible for the local regulatory department shall be dismissed or dismissed; The main person in charge should take the blame and resign

the regulations also added the punishment provisions for illegally imported food additives, that is, if the value of illegally imported food additives is less than 10000 yuan, a fine of more than 2000 yuan and less than 50000 yuan will be imposed; If the value of goods is more than 10000 yuan, a fine of not less than 2 times but not more than 5 times the value of goods shall be imposed


by comparing the regulations and the draft regulations, my biggest feeling is that I have further emphasized the supervision of food production and operation enterprises since the company's scientific research investment reached 259million euros, including the cooperation between enterprises and regulatory authorities, information communication between enterprises and consumers, and so on. Under the premise of not relaxing government regulation, improving enterprises' awareness of self-regulation and illegal costs should be a positive direction

it took more than half a year for the regulations to be drafted, solicited public opinions, and officially promulgated for implementation. However, we need more time to test the effect of the regulation and finally achieve the goal of formulating the bar tension test machine

appendix: Regulations for the implementation of the food safety law of the people's Republic of China

note: the source of this reprint is indicated. The reprint is for the purpose of transmitting more information, and does not mean to agree with its views or confirm the authenticity of its content

Copyright © 2011 JIN SHI