Food Inspection

Article 84 Food inspection institutions may only engage in food inspection activities after obtaining qualification certification in accordance with relevant national certification and accreditation regulations. However, this does not apply if otherwise provided by law. The qualification certification conditions and inspection specifications of food inspection institutions shall be stipulated by the food and drug supervision and administration department of the State Council. Inspection reports issued by food inspection institutions that comply with the provisions of this Law shall have equal validity. People's governments at or above the county level shall integrate food inspection resources to achieve resource sharing.

Article 85 Food inspection shall be conducted independently by inspectors designated by food inspection institutions. Inspectors shall inspect food in accordance with relevant laws and regulations, and in accordance with food safety standards and inspection specifications, respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.

Article 86 Food inspection shall be implemented on the basis of the system of food inspection institutions and inspectors responsible for reporting. Food inspection reports shall be stamped with the official seal of the food inspection institution and signed or stamped by the inspector. Food inspection institutions and inspectors are responsible for the issued food inspection reports.

Article 87 The food and drug supervision and administration departments of the people's governments at or above the county level shall conduct regular or irregular sampling inspections on food and publish the inspection results in accordance with relevant regulations. Inspections shall not be exempted. For sampling inspections, the samples shall be purchased, and the food inspection institutions that meet the requirements of this Law shall be entrusted to conduct the inspections, and the relevant fees shall be paid; inspection fees and other fees shall not be charged to food producers and operators.

Article 88 If there is any objection to the inspection conclusions implemented in accordance with the provisions of this Law, the food producer and operator may submit a re-inspection request to the food and drug supervision and administration department that implemented the sampling inspection or its higher-level food and drug supervision and administration department within seven working days from the date of receipt of the inspection conclusion. The food and drug supervision and administration department that accepts the re-inspection request shall randomly determine the re-inspection institution from the published list of inspection institutions for re-inspection. The re-inspection conclusion issued by the re-inspection institution shall be the final inspection conclusion. The re-inspection institution shall not be the same institution as the initial inspection institution. The list of re-inspection institutions shall be jointly announced by the certification and accreditation supervision and administration, food and drug supervision and administration, health administration, agricultural administration and other departments of the State Council. The rapid testing methods prescribed by the state shall be used to conduct random inspections of edible agricultural products. If the inspected person has any objection to the test results, he or she may apply for re-inspection within four hours from the time of receiving the test results. Rapid testing methods shall not be used for re-inspection.

Article 89 Food production enterprises may inspect the food they produce on their own or entrust food inspection institutions that comply with the provisions of this Law to conduct inspections. If organizations such as food industry associations and consumer associations, and consumers need to entrust food inspection institutions to inspect food, they shall entrust food inspection institutions that comply with the provisions of this Law to conduct inspections.

Article 90 The inspection of food additives shall be subject to the provisions of this Law on food inspection.