Chapter I General Provisions
Article 1 This Law is formulated to assure food safety, and safeguard people's health and life.
Article 2 Whenever the following activities are carried out in the territory of the People's Republic of China, this Law must be observed:
(1) Food production and processing (referred to as "Food Production" hereafter); food distribution and catering service (referred to as "Food Trading" hereafter);
(2) Production and trading of food additives;
(3) Production and trading of packing materials, vessels, detergents and disinfectants for food as well as utensils and equipment used in food production and trading (referred to as "Food-Related Products" hereafter);
(4) Food additives and food-related products used by food producers and traders;
(5) Safety management of food, food additives and food-related products.
The quality and safety management of primary agricultural products for consumption (hereinafter referred to as "Edible Agricultural Products") shall be in accordance with the Quality and Safety of Agricultural Products Law. However, this Law must be observed in developing quality and safety standards for edible agricultural products and releasing safety information on edible agricultural products.
Article 3 Food producers and traders shall strictly follow relevant laws and regulations and food safety standards in their food business activities, be responsible for the public, ensure the food safety, receive the supervision of the public and bear the social responsibility.
Article 4 The State Council shall establish the Food Safety Committee, with the responsibilities determined by the State Council.
The health authorities under the State Council is responsible for the overall coordination for food safety and food safety assessment, development of food safety standards, publishing of food safety information, development of the certification conditions for qualification of the food inspection and testing agencies and the specification of inspection and testing, organization for investigation and treatment of the significant food safety accidents.
The authorities for quality supervision, administration of industry and commerce and FDA under the State Council shall be responsible for supervision and management of the food production, food distribution and catering service respectively according to the Law and the requirements of the State Council.
Article 5 Local people's governments at and above county level shall take overall responsibility for leading, organizing and coordinating the supervision and management of food safety in their jurisdiction; establish and perfect food safety coordination mechanisms for the inspection and management of food safety, take the leading and commanding role in dealing with food safety emergencies, develop a food safety accountability system, and review and evaluate the performance of food safety regulatory agencies.
The local people's government at the county level or above shall define the responsibilities of the administrative departments for health, agriculture, quality supervision, industry and commerce and FDA for supervision and management of food safety, according to the Law and the requirements of the State Council. The relevant authorities shall be in charge of the supervision and management of food safety in the respective jurisdiction.
The subordinate administrative divisions set up below a higher level people's government must be under the unified coordination of the lower level government in carrying out their food safety inspection and management.
Article 6 The administrative departments for health, agriculture, quality supervision, industry and commerce and FDA at the county level or above shall strengthen communication and close cooperation, exercise the right and bear the responsibilities according to the work division.
Article 7 The related food industry associations shall strengthen their self-discipline, guide food producers and traders to conduct production and operation according to law, enhance the construction of the industrial credit, and publicize and disseminate the food safety knowledge.
Article 8 Civil society and community groups are encouraged to conduct food safety educational activities on understanding of food safety, laws, regulations and standards, to advocate healthy diets and to raise consumer awareness of food safety and looking after their health.
The media shall publicize food safety information, laws, regulations and standards and knowledge free of charge, and provide the supervision of public opinion regarding the act in violation of the Law.
Article 9 The State encourages and supports basic and applied food-related research, and encourages and supports food producers and traders to apply advanced technologies and good management practices in order to improve food safety.
Article 10 Any organization or individual has the right to report and indict behavior in violation of the Law, to request information from relevant agencies, and to propose comments and suggestions on food safety inspection and management. Consumers also have the right to demand compensation according to law for any physical and property damage caused by consumption of food, food additives or food-related products.
Chapter II Surveillance and Assessment Of Food Safety Risks
Article 11 A surveillance system for food safety shall be established nationwide for surveillance over food-borne disease, food contamination and other food-related hazards to human health.
The health administrative departments of the State Council shall establish and implement plans for the surveillance of national food safety in conjunction with other departments of the State Council. The health administrative departments of governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish and implement, according to the national plans for food safety surveillance and taking into consideration regional particularities, the plans and schemes for the surveillance of food safety within their respective jurisdictions.
Article 12 The authorities for agriculture, quality supervision, administration of industry and commerce and FDA under the State Council shall, upon knowledge of any information on food safety risk, report to the relevant authorities under the State Council. The health authorities under the State Council, in conjunction with other relevant authorities, shall verify the information and timely adjust the food safety risk surveillance plan.
Article 13 A mechanism to assess food safety risks shall be established nationwide to assess risks of biological, chemical and physical hazards in foods and food additives.
The assessment of food safety risk shall be the responsibility of a food safety risk assessment committee composing experts in medicine, agriculture, food, nutrition and other fields invited by the health authorities under the State Council.
The assessment of food safety risk for pesticide, fertilizer, growth regulator, animal remedy, animal feed and feed additives, etc. shall be attended with the experts of the food safety risk assessment expert committee.
The assessment of food safety risk shall be conducted by utilizing the scientific methods, based on the information of food safety risk surveillance, the scientific data and other relevant information.
Article 14 The health authorities under the State Council, upon discovering any possible safety problem through food safety risk surveillance or reporting of other parties, shall immediately organize inspection and assessment of food safety risk.
Article 15 The authorities for agriculture, quality supervision, administration of industry and commerce and FDA under the State Council shall propose the suggestions on assessment of the food safety risk, and provide the relevant information.
The health authorities under the State Council shall timely report the results of the food safety risk assessment to the relevant authorities under the State Council.
Article 16 Food safety risk assessment results shall be the scientific basis for developing and modifying food safety standards, and overseeing and administering food safety.
If the result of a food safety risk assessment proves food to be unsafe, the authorities for quality supervision, industry and commerce and FDA under the State Council shall promptly take appropriate measures to ensure food producers or traders to suspend or cease trading of such food, and inform consumers to stop use according to their respective duties and responsibilities; if necessary, immediately amend or develop any food safety standard.
Article 17 The health authorities under the State Council shall, in conjunction with relevant State Council departments, conduct comprehensive analyses of the food safety situation according to the result of food safety risk assessments and food safety supervision and administration information and draw attention to food safety risks in high risk food.
Chapter III Food Safety Standards
Article 18 The food safety standards shall be intended to safeguard the health of the public, to be scientific, reasonable, safe and reliable.
Article 19 Food safety standards are mandatory. Except for the food safety standards, no other mandatory standards for food shall be developed.
Article 20 The food safety standards shall specify:
(1) The limits to the content or concentration of pathogenic micro organisms, pesticide residues, veterinary medicine residue, heavy metals, contaminants, and other substances that may be hazardous to human health in food;
(2) The type, scope of application and dose of allowed food additives;
(3) The nutritional ingredient requirements for staple and supplementary food exclusively for babies and other specific populations;
(4) The requirements for labels, identification and instructions relevant to food safety and nutrition;
(5) The health requirements for food production and trading processes;
(6) The quality requirements related to food safety;
(7) The methods and procedures for food inspection and testing; and
(8) Other particulars necessary for developing food safety standards.
Article 21 The State Council authorized heath administrative department shall be responsible for developing and publicizing the national food safety standards; and the standardization authorities under the State Council shall provide the national standard number.
The limit of pesticide residue and animal remedy residue in foods, and the inspection methods and procedures shall be developed by the health and agricultural authorities under the State Council.
The inspection procedures for slaughtering livestock and poultry shall be developed by the competent authorities under the State Council in conjunction with the health authorities under the State Council.
The relevant national product standards, if involving the national food safety standard, shall be consistent with the national food safety standard.
Article 22 The health authorities under the State Council shall integrate the compulsory standards in the applicable edible agricultural product quality and safety standards, food hygiene standards, food quality standards and relevant industrial standards related to foods, and issue a unified national food safety standard.
Before issuance of the national food safety standards specified in the Law, the food producers and traders shall produce or trade foods according to the applicable edible agricultural product quality and safety standards, food hygiene standards, food quality standards and relevant industrial standards related to foods.
Article 23 The national food safety standards shall be reviewed and approved by the committee for evaluating national food safety standards comprising experts in medicine, agriculture, food, nutrition and other fields and the representatives from the health authorities under the State Council.
National food safety standards shall be developed based on the results of food safety risk assessments and full consideration of the results of quality and safety risk assessments of edible agricultural products, as well as the relevant international standards and international food safety risk assessment results. Due consideration shall also be given to a broad range of opinions of food producers and traders.
Article 24 When there is no national food safety standard in any aspect, the local food safety standard may be developed.
The health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall develop local food safety standards with reference to articles in this Law relating to development of national food safety standards, and report to the health authorities under the State Council responsible for recording.
Article 25 When there is no national or local food safety standard for the food produced by a company, the company may develop the company standard as the basis for the production. The State encourages food producers and traders to develop in-house standards more stringent than the national or local food safety standards. The enterprise standard shall be reported to the provincial level health administration department for filing, and be applicable in the enterprise.
Article 26 The food safety standards shall be provided for the free reference of the public.
Chapter IV Food Production and Trade
Article 27 Any food production or trading activities shall meet the food safety standard and be subject to the following conditions:
(1) Having appropriate facilities for raw material treatment and food packaging and storage that are sufficient for the variety and quantity of food to be produced or traded, keeping the facilities clean and making sure that appropriate distance has been maintained between such facilities and toxic or hazardous locations and/or other contamination or contaminating sources.
(2) Having appropriate production or trading equipment and facilities that are sufficient for the variety and quantity of food to be produced or traded, and having appropriate equipment and facilities for disinfection, gowning, washing, lighting, ventilation, anticorrosion, dust-proofing, fly-proofing and rat/pest-proofing and drainage of wastewater and other wastes.
(3) Having food safety technical professionals, management personnel and the rules and systems to ensure the food safety;
(4) Having the reasonable equipment and facility layout and operation procedures, to avoid cross contamination between the food to be produced and the food for direct consumption, raw materials and finished products, and the food contacting the toxic or dirty matters;
(5) Washing and sterilizing the tableware and containers of foods for direct consumption before use, and washing and keeping clean after use;
(6) Using the safe and harmless container, tool and equipment for storage, transport and loading/unloading of foods, keeping them clean to avoid food contamination, and meeting the special requirements on temperature and others required for food safety, and not transporting the food with toxic or harmful goods;
(7) Using the small package or nontoxic and clean packaging materials and tableware for the foods for direct consumption;
(8) Causing the personnel to maintain the personal hygiene, wash hand and put on the clean clothing and cap during work; and using the sterile and clean vending tools for the foods for direct consumption without package;
(9) Using water according to the national living water hygiene standard;
(10) Using the detergents and disinfectors safe and harmless to human body;
(11) Conforming to other requirements set forth in laws and regulations.