Legal responsibilities related to food safety

Author:Jason Peng
Cleanroom Engineering Technology Manager of Deiiang Company.

Product R&D Manager of GDC Inc. Cleanroom Equipment Manufacturing Company.

Executive Director of Guangdong Cleanroom Industry Association of China.

Engaged in R&D of related products for 15 years, with rich relevant technical experience
2024-11-26 | Visits:

Food Safety Law Provisions

Legal Regulations on Food Safety Production and Operation

Food safety inspection and quality control

112Unlicensed Food Production and Operation

If anyone violates the provisions of this Law by engaging in food production and operation activities without obtaining a food production and operation license, or engaging in food additive production activities without obtaining a food additive production license, the food and drug supervision and administration department shall confiscate the illegal gains and the illegally produced items.

Circumstances	Penalty
Value less than RMB 10,000	Fine of not less than RMB 50,000 but not more than RMB 100,000
Value more than RMB 10,000	Fine of not less than 10 times but not more than 20 times the value

123Serious Violations in Food Production

Using non-food raw materials, adding harmful substances, or operating contaminated meat products are considered serious violations under this article.

Serious Violations Include:

Using non-food raw materials to produce food
Operating meat of livestock that died of disease or unknown causes
Producing and operating foods with added drugs

Circumstances	Penalty
Value less than RMB 10,000	Fine of not less than RMB 100,000 but not more than RMB 150,000
Value more than RMB 10,000	Fine of not less than 15 times but not more than 30 times the value

134Violations Related to Food Safety Standards

Producing and selling food that contains harmful substances exceeding safety standards, using expired raw materials, or mislabeling production dates are violations under this article.

Prohibited Actions

Using expired food raw materials
Producing food with abnormal sensory properties
Mislabeling production dates or shelf life

Penalty Structure

Value < 10,000 yuan: 50,000-100,000 yuan fine
Value > 10,000 yuan: 10-20 times the value
Serious cases: License revocation

145Labeling and Contamination Violations

Production and sale of food contaminated by packaging materials, unlabeled pre-packaged food, or genetically modified foods not labeled in accordance with regulations are addressed here.

Violation Type	Penalty
Value less than RMB 10,000	Fine of not less than RMB 5,000 but not more than RMB 50,000
Value more than RMB 10,000	Fine of not less than five times but not more than ten times the value

156Management and Operational Violations

Failure to establish food safety management systems, improper handling of food safety accidents, or inadequate cleaning of tableware are violations under this article.

Responsibilities Include:

Establishing and implementing food safety management systems
Properly training food safety management personnel
Maintaining and cleaning catering facilities
Developing food safety accident handling plans

168Consumer Compensation Provisions

If a consumer is harmed by food that does not meet food safety standards, they may demand compensation from the operator or producer. The producer or operator must implement the first-responsibility system and pay compensation first.