Chapter V Inspection and Testing of Food

Article 57 Food inspection and testing agencies accredited and/or recognized according to relevant requirements of certification and accreditation in China may perform food inspection or testing, unless this Law or other laws otherwise provide.

The conditions that qualify such agencies for food inspection and testing as well as inspection and test specifications shall be developed by health authorities under the State Council.

Food inspection and testing agencies which have been accredited and/or recognized by the State Council competent department before the implementation of this Law may continue to perform inspection and/or testing of food in accordance with this Law.

Article 58 Food inspection and testing shall be independently conducted by food inspector(s) designated by the inspection and testing agency.

The inspectors shall inspect and test food in accordance with the applicable legislation, regulations, food safety standards and inspection specifications. The inspectors shall act scientifically and conform to professional ethics, and assure objective and fair inspection data and conclusions, and shall not issue any false inspection report.

Article 59 Food inspection agencies and inspectors shall be responsible for food inspection and testing. The food inspection report shall bear the official seal of the food inspection agency and the signature or seal of the inspector. The food inspection agency and inspector shall be held responsible and liable for the food inspection report issued.

Article 60 The food safety regulatory authorities shall not permit inspection exemption for food products.

The authorities for quality supervision, administration of industry and commerce and FDA at the county level or above shall conduct the sampling inspection at fixed or unfixed intervals, without charging any cost or expenses for inspection.

The authorities or quality supervision, administration of industry and commerce and FDA at the county level or above shall, during the oversight and administrative activities, have the inspection and/or testing of food done by inspection and test institutions accredited and/or recognized as aforesaid at the cost of respective departments if such inspection or test is required. In the case of any disputed inspection or test result, the re-inspection and re-testing shall be conducted according to law.

Article 61 Any food producer or trader may inspect or test the foods produced by itself, or engage inspection and testing agencies for inspection and testing conforming to the requirements of this Law.

Where any trade association or food consumer engages inspection and testing agencies for inspection and testing, such agencies shall conform to the requirements of this Law.

Chapter VI Food Import and Export

Article 62 Imported food, food additives and food-related products shall comply with China's national food safety standards.

Imported food shall be inspected and approved by the exit-entry inspection and quarantine authority. Customs shall only allow products with an exit-entry inspection and quarantine authority inspection certificates to be imported.

Article 63 In respect of new types of food additives and/or food-related products imported for the first time, or food imported for the first time which is not covered by existing national food safety standards, the importer thereof shall submit an application for import accompanied by relevant safety assessment materials to the health authorities under the State Council. The health authorities under the State Council shall decide whether to approve or reject such applications at its discretion, and develop the relevant national food safety standard timely.

Article 64 Where any food safety incident that occurs outside China may impact within China, or any imported food is detected with a serious food safety problem, the national exit-entry inspection and quarantine authorities shall promptly take action to alert risk and notify administrative departments for health, agriculture, industry and commerce and FDA under the State Council. The notified departments shall promptly take appropriate action.

Article 65 Exporters or agents exporting food to China shall file a record with the national authorities for exit-entry inspection and quarantine in China. Overseas food producers exporting food to China shall apply for registration with the national authorities for exit-entry inspection and quarantine in China.

The national exit-entry inspection and quarantine authorities shall regularly release the list of exporters and agents and registered overseas food producers.

Article 66 Imported pre-packaged food shall be provided with Chinese labels and Chinese instructions. Such labels and instructions shall conform to this Law and other applicable Chinese legislation and regulations and national food safety standards. Labels and instructions shall indicate the food place of origin and the domestic agent's name, address and contact information. Pre-packaged food without Chinese labels or Chinese instructions or whose labels and instructions fail to meet requirements shall not be imported.

Article 67 Food importers shall establish and maintain import and sales records, correctly record such information as the product name, specification, quantity, production date, production or import batch number, shelf life, exporter name and contact information, purchaser name and contact information, and delivery date.

The food import and sales records shall be true and correct, and shall be maintained for at least two years.

Article 68 Food to be exported shall be supervised and tested by sampling by the authority for exit-entry inspection and quarantine. Customs shall only allow products with the inspection certificate issued by the authority for exit-entry inspection and quarantine to be exported.

Producers of exported food, plantations and breeding farms for food raw material for exported food shall file a record with the national authorities for exit-entry inspection and quarantine.

Article 69 The national authorities for exit-entry inspection and quarantine shall collect and summarize information on the safety of imported and exported food and notify the same to all relevant departments, institutions and enterprises.

The national authorities for exit-entry inspection and quarantine shall establish and publicize good and bad records, as the case may be, of importers, exporters, and producers of exported food. Importers, exporters, or producers of exported food with bad records shall be subject to more stringent inspection and quarantine of imported or exported food.

Chapter VII Prevention of and Response to Food Safety Incidents

Article 70 The State Council shall make emergency plans for national food safety incidents.

Governments at the county level or above shall make emergency response plans for food safety incidents within their respective jurisdictions based on the particulars of the locality and the superior government's emergency response plans and shall submit their plans to their superior government agency to record.

Food producers and traders shall make individual food safety incidents response plans. They shall regularly inspect the implementation of food safety measures to promptly avoid potential food safety incidents.

Article 71 The organization where a food safety incident has occurred, shall promptly take effective actions to control the extent of the incident. The incident shall be reported immediately to local health authorities at the county level where the incident happened.

The administration for agriculture, quality supervision, industry and commerce and FDA shall, upon discovering any food safety accident, or receiving reporting of the accident, report to the health authorities.

Upon occurrence of the significant food safety accident, the health authorities of the county level receiving the report shall report to the people's government of the same level and the health authorities of the higher people's government according to the requirements. The people's government of the county level and the health authorities of the higher people's government shall report to higher management according to the requirements.

Any organization or individual shall not conceal, lie, delay, or intentionally destroy the scene or evidence of any food safety accident.

Article 72 The health authorities at or above the county level receiving the report of food safety accident shall immediately conduct investigation and take the following measures, together with the relevant administration for agriculture, quality supervision, industry and commerce and FDA, to avoid or mitigate the hazard to the public:

(1) Make the emergent rescue, and provide first aid and treatment to the injured persons from the accident;

(2) Seal up the foods and raw materials likely to cause food safety accident, and conduct the inspection immediately; for the confirmed contaminated foods and raw materials, order the producer/trader to call back, suspend operations or destroy the products according to Article 53 of the Law;

(3) Seal up the contaminated food tools and devices, and order for cleaning and sterilization;

(4) Properly conduct the news release, to disclose the food safety accident and treatment, and explain and clarify the condition likely to cause hazard.

Upon occurrence of the significant food safety accident, the people's government at or above the county level shall immediately establish the food safety accident treatment command, trigger the emergency plan and make treatments according to the measures in the above paragraphs.

Article 73 In the case of a major food safety incident, the health administrative department of the cities or at higher levels with subordinate districts shall, together with relevant departments, investigate immediately, urge relevant departments to fulfill their responsibilities, and submit an investigation report identifying responsibilities to the government at the same level.

When the significant food safety accident involves two or more provinces, autonomous regions and municipalities under the direct control of the Central Government, the health authorities under the State Council shall organize the investigation of the responsibility of accident according to the provision in the above paragraph.

Article 74 Upon occurrence of the food safety incident, the disease control and prevention institutions at or above the county level shall assist the health authorities and relevant authorities to make hygiene treatment of the site, and conduct the epidemiological investigation on the related factors.

Article 75 Investigation of food safety incidents shall, in addition to identifying the liabilities of the organization where the incident occurred, also investigate any negligence or misconduct by supervision and administration department officers responsible for approval, supervision and administration.