Food safety incident handling

Article 102 The State Council shall organize the formulation of a national emergency plan for food safety accidents. Local people's governments at or above the county level shall formulate emergency plans for food safety accidents in their administrative regions in accordance with the provisions of relevant laws and regulations, the emergency plans for food safety accidents of the superior people's governments and the actual conditions of their administrative regions, and report them to the superior people's governments for filing. The emergency plan for food safety accidents shall make provisions for the classification of food safety accidents, the organizational command system and responsibilities for accident handling, the prevention and early warning mechanism, the handling procedures, and emergency guarantee measures.

Food production and operation enterprises shall formulate food safety accident handling plans, regularly check the implementation of various food safety prevention measures of their enterprises, and promptly eliminate accident hazards.

Article 103 Units where food safety accidents occur shall immediately take measures to prevent the expansion of accidents. The accident unit and the unit that receives patients for treatment shall promptly report to the food and drug supervision and administration and health administrative departments of the county-level people's government where the accident occurred. The quality supervision, agricultural administration and other departments of the people's governments at or above the county level shall immediately report to the food and drug supervision and administration departments at the same level when they discover food safety accidents or receive reports of accidents during daily supervision and management.

In the event of a food safety accident, the food and drug supervision and administration departments of the county-level people's governments that receive the report shall report to the people's government at the same level and the food and drug supervision and administration departments of the superior people's governments in accordance with the provisions of the emergency plan. The county-level people's government and the food and drug supervision and administration departments of the higher-level people's government shall report in accordance with the provisions of the emergency plan. No unit or individual shall conceal, falsely report, or delay reporting of food safety accidents, and shall not conceal, forge, or destroy relevant evidence.

Article 104 If a medical institution finds that the patients it receives are patients with foodborne diseases or suspected patients, it shall promptly report the relevant information to the health administrative department of the county-level people's government where it is located in accordance with the regulations. If the health administrative department of the county-level people's government believes that it is related to food safety, it shall promptly notify the food and drug supervision and administration department at the same level. If the health administrative department of the people's government at or above the county level finds information related to food safety during the investigation and handling of infectious diseases or other public health emergencies, it shall promptly notify the food and drug supervision and administration department at the same level.

Article 105 Upon receiving a report of a food safety accident, the food and drug supervision and administration department of the people's government at or above the county level shall immediately investigate and handle the incident together with the health administration, quality supervision, agricultural administration and other departments at the same level, and take the following measures to prevent or reduce social harm.

• Carry out emergency rescue work and organize the treatment of people who have suffered personal injury due to food safety accidents: (ii) Seal up food and its raw materials that may cause food safety accidents and immediately conduct inspections; for food and its raw materials that are confirmed to be contaminated, order food producers and operators to recall or stop operating in accordance with the provisions of Article 63 of this Law.

• Seal up contaminated food-related products and order them to be cleaned and disinfected.

• Do a good job in information release, release food safety accidents and their handling in accordance with the law, and explain and illustrate the possible hazards. If a food safety accident occurs and an emergency plan needs to be activated, the people's government at or above the county level shall immediately establish an accident handling command organization, activate the emergency plan, and handle it in accordance with the provisions of the preceding paragraph and the emergency plan.

If a food safety accident occurs and an emergency plan needs to be activated, the people's government at or above the county level shall immediately establish an accident handling command organization, activate the emergency plan, and handle it in accordance with the provisions of the preceding paragraph and the emergency plan.

In the event of a food safety accident, the disease prevention and control agency at or above the county level shall conduct sanitary treatment of the accident site and conduct an epidemiological investigation on factors related to the accident, and the relevant departments shall provide assistance. The disease prevention and control agency at or above the county level shall submit an epidemiological investigation report to the food and drug supervision and administration and health administrative departments at the same level.

Article 106 In the event of a food safety accident, the food and drug supervision and administration department of the people's government at or above the prefecture-level city shall immediately conduct an accident responsibility investigation in conjunction with the relevant departments, urge the relevant departments to perform their duties, and submit an accident responsibility investigation and handling report to the people's government at the same level and the food and drug supervision and administration department of the people's government at the next higher level. Major food safety accidents involving more than two provinces, autonomous regions, and municipalities directly under the Central Government shall be investigated by the food and drug supervision and administration department of the State Council in accordance with the provisions of the preceding paragraph.

Article 107 In investigating food safety accidents, the principles of seeking truth from facts and respecting science shall be adhered to, and the nature and cause of the accident shall be promptly and accurately ascertained, the responsibility for the accident shall be determined, and rectification measures shall be proposed.

In investigating food safety accidents, in addition to clarifying the responsibility of the accident unit, the responsibility of the relevant supervisory and management departments, food inspection agencies, certification agencies and their staff should also be clarified.

Article 108 The food safety accident investigation department has the right to inquire about the circumstances related to the accident from relevant units and individuals and request relevant information and samples. Relevant units and individuals shall cooperate and provide relevant information and samples as required and shall not refuse. No unit or individual shall obstruct or interfere with the investigation and handling of food safety accidents.