Chapter I General Provisions

Article 1 The regulation herein was formulated in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as Food Safety Law).

Article 2 The people's governments at or above the county level shall perform the duties prescribed in the Food Safety Law, strengthen the construction of supervision and administration capacity of food safety to provide safeguard for food safety supervision and administration; and establish and improve the coordination mechanism for food safety supervisory and management departments and integrate and perfect the food safety information network to realize the sharing of food safety information and technical resources including food inspection.

Article 3 The food producers and traders shall, in accordance with laws, regulations and food safety standards, carry out productive and operational activities, establish and improve the food safety management system and adopt efficient management measures to ensure food safety.

The food producers and traders shall be responsible for the safety of produced and trade food themselves as well as society and the public, and also bear social responsibility.

Article 4 The food safety supervision and administration departments shall publicize food safety information and provide convenience for the public to make consultations, complaints and accusations according to the provisions of the Food Safety Law and the regulation herein. And any organization and individual shall have the right to know food safety information from relevant departments.

Chapter II Food Safety Risk Monitoring And Assessment

Article 5 The state food safety risk monitoring plan prescribed in Article 11 of the Food Safety Law shall be formulated by the administrative department of public health under the State Council together with such departments as the department in charge of supervision and control over product quality and the industrial and commercial administration under the State Council and the state food and drug supervision and administration department as well as the commercial, industrial and information departments under the State Council according to the requirements for the work including food safety risk assessment, the formulation and revision of food safety standards and food safety supervision and administration.

Article 6 The administrative departments of public health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the departments at the same level of quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce and industry and information, in accordance with the provisions of Article 11 of the Food Safety Law, to formulate the food safety risk monitoring planning for their administrative regions and report to the administrative department of public health under the State Council for filing.

The administrative department of public health under the State Council shall notify the filing to the departments of quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration department as well as the departments of commerce, industry and information under the State Council.

Article 7 The administrative department of public health under the State Council shall, when necessary, also adjust the state food safety risk monitoring plan according to the information related to diseases in the reports of medical institutions, apart from the adjustment based on the provisions of Article 12 of the Food Safety Law.

In the wake of the adjustment of the state food safety risk monitoring plan, the administrative departments of public health of provinces, autonomous regions and municipalities directly under the Central Government shall integrate the specific situations of their own administrative regions to make corresponding adjustment.

Article 8 Medical institutions shall, when finding the accepted patients are food origin disease patients, food poisoning patients or suspected food origin disease patients and food poisoning patients, timely report to the administrative departments of public health of the people's governments at or above the county level where they are located the information related to the above-mentioned diseases.

The administrative departments of public health that have received reports shall gather and analyze the information related to diseases, timely report to the people's governments at the same level and simultaneously the superior administrative departments of public health, when necessary, and directly report to the administrative department of public health under the State Council and simultaneously the people's governments at the same level and the superior administrative departments of public health.

Article 9 The food safety risk monitoring work shall be done by the technical institutions confirmed by the administrative departments of public health at or above the provincial level together with the departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration.

The technical institutions conducting the food safety risk monitoring work shall, in accordance with the food safety risk monitoring plan and monitoring scheme, carry out the monitoring work to ensure the truth and accuracy of monitoring data, and according to the requirement of the food safety risk monitoring plan and monitoring scheme, submit the monitoring data and analysis results to the administrative departments of public health of the people's governments at or above the provincial level and the departments transmitting monitoring tasks to lower level.

The food safety risk monitoring personnel shall have access to the places related to breeding and planting of edible farm products, food production, food circulation or catering service while collecting samples and related data. The collected samples shall be paid at the market price.

Article 10 Where the results of the food safety risk monitoring analysis indicate there may exist the possibility of potential food safety hazard, the administrative departments of public health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall timely notify relevant information to the people's governments at the prefecture and county level and their administrative departments of public health in the administrative regions.

Article 11 The administrative department of public health under the State Council shall collect and gather the food safety risk monitoring data and analyze the results, and make a circular to the departments of quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration departments as well as the departments of commerce, industry and information under the State Council.

Article 12 The administrative department of public health under the State Council shall organize food safety risk assessment in the following situations:

(1) provide scientific basis for formulating or revising the national standards for food safety;

(2) demand to confirm key fields and varieties of supervision and administration;

(3) find new factors that are possibly hazardous to food safety;

(4) judge whether some factors constitute potential food safety hazard; and

(5) other situations confirmed to be conducted risk assessment by the administrative department of public health under the State Council.

Article 13 The relevant departments of agriculture administration, quality supervision and industrial and commercial administration management under the State Council as well as the state food and drug supervision and administration department shall, when putting forward the suggestions of food safety risk assessment to the administrative department of public health under the State Council in accordance with the provisions of Article 15 of the Food Safety Law, provide the following information and data:

(1) source and nature of risk;

(2) relevant testing data and conclusion;

(3) coverage of risk; and

(4) other relevant information and data.

The relevant departments of agriculture administration, quality supervision, industrial and commercial administration management as well as food and drug supervision and administration at or above the county level shall coordinate with collection of the aforesaid information and data of food safety risk assessment.

Article 14 The administrative departments of public health and agriculture administration departments of the people's governments at or above the provincial level shall timely make mutual notification of the relevant food safety risk monitoring and edible farm product quality safety risk monitoring information.

The administrative department of public health and agriculture administration department under the State Council shall timely make mutual notification of the relevant information of the food safety risk assessment and the edible farm product quality safety risk assessment results.

Chapter III Food Safety Standards

Article 15 The administrative department of public health under the State Council along with the departments of agriculture administration, quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration department as well as the commerce, industry and information departments under the State Council shall formulate the planning of the national standards for food safety and its implementation plan, which shall solicit opinions from the public.

Article 16 The administrative department of public health under the State Council shall select the units possessed of corresponding technical capacities to draw up the draft of the national standards for food safety, and advocate research institutions, educational institutions, learned societies, industry associations and other units to jointly draw up the draft of the national standards for food safety.