Food supervision and management

Article 109: Food and drug supervision and management and quality supervision departments of people's governments at or above the county level shall determine the focus, method and frequency of supervision and management based on food safety risk monitoring, risk assessment results and food safety status, and implement risk classification management. Local people's governments at or above the county level shall organize food and drug supervision and management, quality supervision, agricultural administration and other departments at the same level to formulate an annual food safety supervision and management plan for their administrative regions, announce it to the public and organize its implementation:

The annual food safety supervision and management plan shall focus on the following matters:

• Main and auxiliary foods for infants and other specific groups;

• Additions in the production process of health foods and the organization of production in accordance with the technical requirements of registration or filing, and the promotion of functions in health food labels, instructions and promotional materials;

• Food producers and operators with a higher risk of food safety accidents;

• Matters that may have food safety hazards as indicated by the results of food safety risk monitoring.

Article 110 The food and drug supervision and administration and quality supervision departments of the people's governments at or above the county level shall perform their respective food safety supervision and administration functions and have the right to take the following measures to supervise and inspect the compliance of producers and operators with this Law:

• Enter the production and operation sites for on-site inspection;

• Conduct sampling inspections on the food, food additives and food-related products produced and operated;

• Review and copy relevant contracts, bills, accounts and other relevant materials;

• Seize and detain food, food additives and food-related products that have evidence of non-compliance with food safety standards or have evidence of potential safety hazards and are used for illegal production and operation;

• Seal the sites where illegal production and operation activities are carried out.

Article 111 If the food safety risk assessment results prove that food has potential safety hazards and it is necessary to formulate or revise food safety standards, the health administrative department of the State Council shall promptly, together with relevant departments of the State Council, stipulate temporary limit values and temporary inspection methods for harmful substances in food as the basis for production, operation and supervision and administration before formulating or revising food safety standards.

Article 112 The food and drug supervision and administration departments of the people's governments at or above the county level may use the rapid detection methods prescribed by the state to conduct random inspections and tests on food in the work of food safety supervision and administration.

Foods that the random inspection results show may not meet the food safety standards shall be inspected in accordance with the provisions of Article 87 of this Law. If the random inspection results determine that the relevant food does not meet the food safety standards, it can be used as the basis for administrative punishment.

Article 113 The food and drug supervision and administration departments of the people's governments at or above the county level shall establish food safety credit files for food producers and operators, record the issuance of licenses, daily supervision and inspection results, and the investigation and handling of illegal acts, and publish them to the public and update them in real time in accordance with the law; increase the frequency of supervision and inspection for food producers and operators with bad credit records, and report to the investment authorities, securities supervision and administration agencies and relevant financial institutions for food producers and operators with serious illegal acts.

Article 114 If there are food safety hazards in the process of food production and operation, and measures are not taken in time to eliminate them, the food and drug supervision and administration departments of the people's governments at or above the county level may hold a responsible interview with the legal representative or main responsible person of the food producer and operator. Food producers and operators shall immediately take measures to rectify and eliminate the hazards. The responsible interview situation and rectification situation shall be included in the food safety credit file of food producers and operators.

Article 115 Food and drug supervision and administration, quality supervision and other departments of the people's government at or above the county level shall publish the email address or telephone number of the department to accept consultations, complaints and reports. Upon receiving consultations, complaints and reports, those that fall within the scope of the department's duties shall be accepted and promptly replied, verified and handled within the statutory period; those that do not fall within the scope of the department's duties shall be transferred to the department with the authority to handle and the inquirer, complainant and reporter shall be notified in writing. The department with the authority to handle shall handle the case promptly within the statutory period and shall not push it through. The reporter shall be rewarded for reports that are verified to be true.

Relevant departments shall keep the reporter's information confidential and protect the reporter's legal rights and interests. If the reporter reports the company where he works, the company shall not retaliate against the reporter by terminating or changing the labor contract or other means.

Article 116 Food and drug supervision and administration, quality supervision and other departments of the people's government at or above the county level shall strengthen the training of law enforcement personnel on food safety laws, regulations, standards, professional knowledge and law enforcement capabilities, and organize assessments. Those who do not have the corresponding knowledge and capabilities shall not engage in food safety law enforcement work. If food producers and operators, food industry associations, consumer associations, etc. find that food safety law enforcement personnel have violated laws and regulations and have not standardized law enforcement during law enforcement, they may complain or report to the food and drug supervision and management, quality supervision and other departments or supervisory organs of the people's government at the same level or the higher level. The department or agency that receives the complaint or report shall verify it and report the verified situation to the department where the food safety law enforcement personnel are located; if suspected of violating laws and disciplines, it shall be handled in accordance with this Law and relevant regulations.

Article 117 If the food and drug supervision and management and other departments of the people's government at or above the county level fail to promptly discover systemic risks in food safety and fail to promptly eliminate food safety hazards in the supervision and management area, the people's government at the same level may hold a responsibility interview with its main person in charge. If the local people's government fails to perform its food safety duties and fails to promptly eliminate major regional food safety hazards, the higher-level people's government may hold a responsibility interview with its main person in charge. The food and drug supervision and management and other departments and local people's governments that are interviewed shall immediately take measures to rectify the food safety supervision and management work. The responsibility interview situation and rectification situation shall be included in the evaluation and assessment records of the food safety supervision and management work of the local people's government and relevant departments. 

Article 118 The state shall establish a unified food safety information platform and implement a unified food safety information disclosure system. The overall national food safety situation, food safety risk warning information, major food safety accidents and their investigation and handling information, and other information that the State Council determines needs to be uniformly announced shall be uniformly announced by the food and drug supervision and administration department of the State Council. If the impact of food safety risk warning information and major food safety accidents and their investigation and handling information is limited to a specific area, it may also be announced by the food and drug supervision and administration departments of the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government. The above information shall not be released without authorization. The food and drug supervision, quality supervision, and agricultural administrative departments of the people's governments at or above the county level shall publish daily food safety supervision and management information in accordance with their respective duties. When publishing food safety information, it shall be accurate and timely, and necessary explanations shall be made to avoid misleading consumers and public opinion. 

Article 119 When the food and drug supervision, health administration, quality supervision, and agricultural administrative departments of the local people's governments at or above the county level learn of the information that needs to be uniformly announced as stipulated in this Law, they shall report to the superior competent department, which shall immediately report to the food and drug supervision and administration department of the State Council; if necessary, they may report directly to the food and drug supervision and administration department of the State Council.

The food and drug supervision, health administration, quality supervision, and agricultural administrative departments of the people's governments at or above the county level shall mutually inform each other of the food safety information they have learned. 

Article 120 No unit or individual shall fabricate or disseminate false food safety information. If the food and drug supervision and administration departments of the people's governments at or above the county level find food safety information that may mislead consumers and public opinion, they shall immediately organize relevant departments, professional institutions, relevant food producers and operators, etc. to verify and analyze, and publish the results in a timely manner. 

Article 121 If the food and drug supervision and administration, quality supervision and other departments of the people's governments at or above the county level find suspected food safety crimes, they shall promptly transfer the cases to the public security organs in accordance with relevant regulations. The public security organs shall promptly review the transferred cases; if they believe that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case for investigation. If the public security organs believe that there are no criminal facts or the criminal facts are significantly minor and do not need to be investigated for criminal responsibility during the investigation of food safety crimes, but administrative responsibilities should be investigated according to law, they shall promptly transfer the cases to the food and drug supervision and administration, quality supervision and other departments and supervisory organs, and the relevant departments shall handle them according to law. The public security organs shall consult with the food and drug supervision and administration, quality supervision, environmental protection and other departments to provide inspection conclusions, identification opinions and assistance in the harmless treatment of the items involved. The relevant departments shall provide them in a timely manner and provide assistance.