Food safety risk monitoring and assessment

Article 14 The State establishes a food safety risk monitoring system to monitor foodborne diseases, food contamination and harmful factors in food. The health administrative department of the State Council shall, together with the food and drug supervision and administration, quality supervision and other departments of the State Council, formulate and implement the national food safety risk monitoring plan. After the food and drug supervision and administration department of the State Council and other relevant departments learn of relevant food safety risk information, they shall immediately verify and report it to the health administrative department of the State Council. The health administrative department of the State Council shall, together with the relevant departments of the State Council, analyze and study the food safety risk information reported by the relevant departments and the foodborne diseases and other related disease information reported by medical institutions, and adjust the national food safety risk monitoring plan in a timely manner if it deems it necessary. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, together with the food and drug supervision and administration, quality supervision and other departments at the same level, formulate and adjust the food safety risk monitoring plan of their administrative regions in accordance with the national food safety risk monitoring plan and the specific conditions of their administrative regions, and report it to the health administrative department of the State Council for filing and implementation.

Article 15 Technical institutions responsible for food safety risk monitoring shall carry out monitoring work in accordance with the food safety risk monitoring plan and monitoring plan, ensure that the monitoring data is true and accurate, and submit monitoring data and analysis results in accordance with the requirements of the food safety risk monitoring plan and monitoring plan. Food safety risk monitoring staff have the right to enter relevant edible agricultural product planting and breeding, food production and operation sites to collect samples and collect relevant data. The fees for collecting samples shall be paid according to the market price.

Article 16 If the results of food safety risk monitoring indicate that there may be food safety hazards, the health administrative departments of the people's governments at or above the county level shall promptly inform the food and drug supervision and administration departments at the same level of the relevant information, and report to the people's governments at the same level and the health administrative departments of the higher-level people's governments. The food and drug supervision and administration departments shall organize further investigations.

Article 17 The state shall establish a food safety risk assessment system, use scientific methods, and conduct risk assessments on biological, chemical and physical hazards in food, food additives and food-related products based on food safety risk monitoring information, scientific data and relevant information. The health administrative department of the State Council is responsible for organizing food safety risk assessment work and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology, environment and other fields to conduct food safety risk assessments. The results of food safety risk assessments shall be announced by the health administrative department of the State Council. The safety assessment of pesticides, fertilizers, veterinary drugs, feed and feed additives shall be participated by experts from the food safety risk assessment expert committee. Food safety risk assessment shall not charge fees to producers and operators, and fees for collecting samples shall be paid according to market prices.

Article 18 Food safety risk assessment shall be conducted in any of the following circumstances:

• Food, food additives, and food-related products may have safety hazards through food safety risk monitoring or receiving reports.

• Risk assessment is required to provide scientific basis for the formulation or revision of national food safety standards.

• Risk assessment is required to determine the key areas and key varieties of supervision and management.

• New factors that may endanger food safety are found.

• It is necessary to determine whether a factor constitutes a food safety hazard.

Article 19 If the food and drug supervision and administration, quality supervision, agricultural administration and other departments of the State Council find that food safety risk assessment is needed during supervision and management, they shall make suggestions for food safety risk assessment to the health administration department of the State Council and provide information and materials such as risk sources, relevant inspection data and conclusions. In the circumstances specified in Article 18 of this Law, the health administration department of the State Council shall conduct food safety risk assessment in a timely manner and report the assessment results to the relevant departments of the State Council. 

Article 20 The health administration and agricultural administration departments of the people's governments at or above the provincial level shall promptly inform each other of food and edible agricultural product safety risk monitoring information. The health administration and agricultural administration departments of the State Council shall promptly inform each other of the results of food and edible agricultural product safety risk assessments and other information.

Article 21 The results of food safety risk assessments are the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management. If a food safety risk assessment results in the conclusion that food, food additives, or food-related products are unsafe, the food and drug supervision and administration, quality supervision, and other departments of the State Council shall immediately announce to the public in accordance with their respective duties, inform consumers to stop eating or using them, and take corresponding measures to ensure that the production and operation of the food, food additives, and food-related products are stopped; if it is necessary to formulate or revise relevant national food safety standards, the health administration department of the State Council shall immediately formulate and revise them together with the food and drug supervision and administration department of the State Council.

Article 22 The food and drug supervision and administration department of the State Council shall, together with relevant departments of the State Council, conduct a comprehensive analysis of the food safety situation based on the results of food safety risk assessments and food safety supervision and management information. For foods that may have a high degree of safety risk as shown by comprehensive analysis, the food and drug supervision and administration department of the State Council shall promptly issue food safety risk warnings and announce them to the public.

Article 23 The food and drug supervision and administration departments and other relevant departments of the people's governments at or above the county level, the food safety risk assessment expert committee and its technical institutions shall organize food producers and operators, food inspection agencies, certification agencies, food industry associations, consumer associations and news media to exchange information on food safety risk assessment and food safety supervision and management in accordance with the principles of science, objectivity, timeliness and openness.