Article 1 In order to strengthen the supervision and management of food and other product safety, further clarify the responsibilities of production operators, supervision and management departments and local people's governments, strengthen the coordination and cooperation of various supervision and management departments, and protect human health and life Safety, establish this regulation.
Article 2: In addition to food, the products referred to in these regulations also include edible agricultural products, medicines and other products related to human health and life safety.
For product safety supervision and management, if the law provides for it, the legal provisions shall apply; if the law does not provide for it or the provisions are unclear, these regulations shall apply.
Article 3 Producers and operators shall be responsible for the safety of the products they produce and sell, and shall not produce or sell products that do not meet legal requirements.
If the production and sale of products in accordance with laws and administrative regulations requires a license or certification, production and business activities must be conducted in accordance with legal conditions and requirements. Those who do not engage in production and business activities in accordance with legal conditions and requirements or produce or sell products that do not meet legal requirements shall have the agricultural, health, quality inspection, commerce, industry and commerce, pharmaceutical and other supervisory and administrative departments in accordance with their respective responsibilities to confiscate illegal gains, products and uses. If the value of illegally produced tools, equipment, raw materials and other items is less than RMB 5,000, a fine of RMB 50,000 will be imposed; if the value is more than RMB 5,000 but less than RMB 10,000, a fine of RMB 100,000 will be imposed; if the value is RMB 10,000, a fine of RMB 100,000 will be imposed. If the value of the goods exceeds RMB 10, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed; if serious consequences are caused, the license shall be revoked by the original issuing department; if it constitutes the crime of illegal business operations or the crime of producing and selling counterfeit and inferior goods, criminal prosecution shall be carried out in accordance with the law. responsibility.
If a production operator no longer meets the legal conditions and requirements and continues to engage in production and business activities, the original issuing department shall revoke the license and announce the list of producers and operators whose licenses have been revoked in major local media. ; If it constitutes the crime of illegal business operations or the crime of producing and selling counterfeit and inferior goods, criminal liability shall be investigated in accordance with the law.
For those who should obtain a license according to the law but do not obtain a license to engage in production and business activities, the agricultural, health, quality inspection, commerce, industry and commerce, pharmaceutical and other supervisory and administrative departments shall confiscate illegal income, products and If the value of tools, equipment, raw materials and other items used for illegal production is less than 10,000 yuan, a fine of 100,000 yuan will be imposed; if the value of the goods exceeds 10,000 yuan, a fine of 10 times but not more than 20 times the value of the goods will be imposed. fine; if it constitutes the crime of illegal business operations, criminal liability shall be investigated in accordance with the law.
Relevant industry associations should strengthen industry self-discipline, supervise the production and operation activities of producers and operators; strengthen the popularization and publicity of public health knowledge, and guide consumers to choose products produced and sold by legal producers and operators and with legal labels products.
Article 4 The raw materials, auxiliary materials, additives and agricultural inputs used by producers to produce products shall comply with the provisions of laws, administrative regulations and national mandatory standards.
Whoever violates the provisions of the preceding paragraph and illegally uses raw materials, auxiliary materials, additives, or agricultural inputs shall have the illegal gains, including the value of the goods, confiscated by the agricultural, health, quality inspection, commerce, pharmaceutical and other supervisory and administrative departments in accordance with their respective duties. If the value of the goods is less than 5,000 yuan, a fine of 20,000 yuan will be imposed; if the value of the goods is more than 5,000 yuan but less than 10,000 yuan, a fine of 50,000 yuan will be imposed; if the value of the goods is more than 10,000 yuan, a fine of not less than 5 times and 10 times of the value of the goods will be imposed. The following fines shall be imposed; if serious consequences are caused, the license shall be revoked by the original issuing department; if the crime of producing and selling counterfeit and inferior goods is constituted, criminal liability shall be investigated in accordance with the law.
Article 5 Sellers must establish and implement a purchase inspection and acceptance system, verify the business qualifications of suppliers, verify product qualification certificates and product identification, establish a product purchase ledger, and truthfully record product names, Specifications, quantity, suppliers and their contact information, delivery time, etc. Sales enterprises engaged in product wholesale business shall establish product sales ledgers to truthfully record wholesale product varieties, specifications, quantities, flow directions, etc. Manufacturing enterprises that sell self-made products in centralized product trading venues shall comply with the regulations of sales enterprises engaged in product wholesale business and fulfill their obligations to establish product sales ledgers. The retention period of purchase ledger and sales ledger shall not be less than 2 years. The seller should ask the supplier for an inspection report issued by an inspection agency that meets the statutory conditions or a copy of the inspection report signed or stamped by the supplier according to the product production batch; for products that cannot provide an inspection report or a copy of the inspection report, Not for sale.
Anyone who violates the provisions of the preceding paragraph shall be ordered to stop sales by the industrial and commercial and drug regulatory authorities in accordance with their respective duties; if the product cannot be sold without providing an inspection report or a copy of the inspection report, the illegal income and illegally sold products shall be confiscated, and A fine of three times the value of the goods will be imposed; if serious consequences are caused, the license will be revoked by the original issuing department.
Article 6 Enterprises that set up centralized product trading markets, enterprises that rent product operation counters, and enterprises that organize product exhibitions and sales fairs shall examine the business qualifications of the sellers entering the market and clarify the product safety management of the sellers entering the market. Responsibility, regularly inspect the business environment, conditions, internal safety management system and operating products of the sellers to see whether they meet legal requirements. If it is discovered that the sales of products that do not meet the legal requirements or other illegal activities should be stopped in a timely manner and reported immediately to the local industrial and commercial administration. management department.
Whoever violates the provisions of the preceding paragraph shall be fined not less than RMB 1,000 but not more than RMB 50,000 by the industrial and commercial administration department; if the circumstances are serious, the business shall be ordered to suspend business for rectification; if serious consequences are caused, the business license shall be revoked.
Article 7 Manufacturers and operators of export products shall ensure that their export products comply with the standards or contract requirements of the importing country (region). If the law stipulates that products must undergo inspection before being exported, they must pass the inspection by an institution that complies with the law.
Export product inspection personnel shall conduct inspections in accordance with laws, administrative regulations and relevant standards, procedures, and methods, and shall be responsible for the inspection certificates issued by them.
Entry-exit inspection and quarantine agencies and commerce, pharmaceutical and other supervision and management departments should establish good records and bad records of producers and operators of export products and publish them. Simplify inspection and quarantine procedures for producers and operators of export products with good records.
If a producer or operator of an exported product evades product inspection or commits fraud, the entry-exit inspection and quarantine agency and the drug supervision and administration department shall confiscate the illegal income and products according to their respective responsibilities, and impose a fine of three times the value of the goods. ; If it constitutes a crime, criminal responsibility shall be pursued in accordance with the law.
Article 8 Imported products shall comply with the mandatory requirements of my country’s national technical specifications and the inspection requirements stipulated in the agreement signed between my country and the exporting country (region).
The quality inspection and drug supervision and administration departments implement classified management of imported products based on the integrity and quality management level of producers and operators and the results of imported product risk assessments, and implement record keeping of the consignees of imported products. manage. The consignee of imported products shall truthfully record the flow of imported products. The record retention period shall not be less than 2 years.
When the quality inspection and drug supervision and administration departments discover products that do not meet legal requirements, they can include the purchasers, inspection applicants, and agents of the products that do not meet legal requirements on the list of bad records. If the purchaser or seller of imported products commits fraud, the quality inspection and drug supervision and management departments shall confiscate the illegal income and products according to their respective duties, and impose a fine of three times the value of the goods; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If the applicant or agent of imported products commits fraud, his or her qualification for inspection will be cancelled, and a fine equal to the value of the goods will be imposed.
Article 9 If a manufacturing enterprise discovers that the products it produces have safety hazards that may cause damage to human health and life safety, it shall publish relevant information to the public, notify sellers to stop selling, and inform consumers to stop using , voluntarily recall the product and report to the relevant regulatory authorities; the seller should immediately stop selling the product. If a seller discovers that the products it sells have safety hazards that may cause damage to human health and life safety, it should immediately stop selling the product, notify the manufacturer or supplier, and report to the relevant regulatory authorities.
If a manufacturing enterprise or seller fails to perform the obligations stipulated in the preceding paragraph, the agricultural, health, quality inspection, commerce, industry and commerce, pharmaceutical and other supervisory and administrative departments shall, in accordance with their respective duties, order the manufacturing enterprise to recall the product and the seller to stop sales. , the production enterprise shall be fined three times the value of the goods, and the seller shall be fined not less than 1,000 yuan but not more than 50,000 yuan; if serious consequences are caused, the original issuing department shall revoke the license.
Article 10 The local people’s governments at or above the county level shall include product safety supervision and management in government work assessment objectives, take overall responsibility for the product safety supervision and management within their own administrative regions, and provide unified leadership and coordination for all activities within their respective administrative regions. Supervise and manage work, establish and improve the supervision and management coordination mechanism, strengthen the coordination and supervision of administrative law enforcement; unified leadership and command of product safety emergency response work, organize the investigation and handling of product safety incidents in accordance with the law; establish a supervision and management responsibility system, and supervise the supervision and management departments Conduct reviews and assessments. Quality inspection, industry and commerce, and drug supervision and management departments shall, under the unified coordination of the local people's government at the same level, do a good job in product safety supervision and management in accordance with the law.
If the local people's government at or above the county level fails to perform its leadership and coordination responsibilities for product safety supervision and management, and multiple product safety accidents occur within the same administrative region in a year, causing serious social impact, the supervisory authority or the appointment and removal authority shall The main person in charge of the government and the person in charge directly responsible shall be given a major demerit, demoted or dismissed.
Article 11 The quality inspection, health, agriculture and other competent departments of the State Council shall formulate, modify or draft relevant national standards as soon as possible within the scope of their respective responsibilities, and accelerate the establishment of unified management, coordinated supporting facilities, practical, scientific and reasonable Product standard system.
Article 12 People’s governments at or above the county level and their departments shall supervise and manage product safety and shall perform their duties in accordance with legal authority and procedures and be open, fair and impartial. No administrative penalty of more than two fines may be imposed on producers and operators for the same illegal act; those who are suspected of constituting a crime and need to be investigated for criminal liability in accordance with the law shall be transferred to the public security organs in accordance with the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies".
Supervision and management departments such as agriculture, health, quality inspection, commerce, industry and commerce, and pharmaceuticals shall supervise and inspect producers and operators in accordance with their respective responsibilities, and record their compliance with mandatory standards and statutory requirements. It will be signed and filed by the supervisory and inspection personnel. Supervision and inspection records shall be included in the regular assessment of the personnel directly in charge. The public has the right to inspect supervision and inspection records.
Article 13 If a producer or operator has any of the following circumstances, the supervision and management departments of agriculture, health, quality inspection, commerce, industry and commerce, pharmaceuticals, etc. shall take measures in accordance with their respective duties to correct illegal acts and prevent or prevent Reduce the occurrence of harm and impose penalties in accordance with these regulations:
(1) Those who should obtain a license according to law but fail to obtain a license to engage in production and business activities;
(2) Obtain a license Or after certification, do not engage in production and business activities in accordance with legal conditions and requirements, or produce and sell products that do not meet legal requirements;
(3) Producers and operators no longer meet legal conditions and requirements to continue to engage in production and business operations Activities;
(4) Producers who produce products that do not use raw materials, auxiliary materials, additives, and agricultural inputs in accordance with laws, administrative regulations, and national mandatory standards;
( 5) The seller fails to establish and implement a purchase inspection and acceptance system and establish a product purchase ledger;
(6) The manufacturer and seller find that the products they produce and sell have safety hazards that may be harmful to the human body. Failure to perform obligations under these Regulations, causing damage to health and life safety;
(7) Producers and operators violating laws, administrative regulations and other relevant provisions of these Regulations.
If the supervision and management departments of agriculture, health, quality inspection, commerce, industry and commerce, pharmaceuticals, etc. fail to perform their duties stipulated in the preceding paragraph and cause consequences, the supervisory authority or the appointment and removal authority shall punish the principal person in charge and the person in charge directly responsible. and other directly responsible personnel shall be given the sanction of recording a major demerit or being demoted; if serious consequences are caused, the principal responsible person, the directly responsible supervisor and other directly responsible personnel shall be given the sanction of removal or expulsion; the principal responsible person and directly responsible supervisor If the personnel and other directly responsible persons constitute the crime of dereliction of duty, they shall be held criminally responsible in accordance with the law.
Anyone who violates these regulations, abuses his power or commits other malfeasance shall be given a demerit or a major demerit by the supervisory authority or the appointment and removal authority to the principal person in charge, the directly responsible person in charge and other directly responsible personnel. ; If serious consequences are caused, the principal person in charge, the person in charge directly responsible, and other persons directly responsible shall be demoted or dismissed from their posts; if the principal person in charge, the person in charge directly responsible, and other persons directly responsible constitute the crime of dereliction of duty, they shall be investigated in accordance with the law. criminal responsibility.
Article 14 If the supervision and management departments such as agriculture, health, quality inspection, commerce, industry and commerce, and pharmaceuticals discover violations of these regulations that fall within the responsibilities of other supervisory and management departments, they shall immediately notify in writing and transfer them to the competent authority. Handled by the supervisory and administrative department. The department with the power to handle the matter should handle the matter immediately without shirk; if there are consequences due to failure to handle the matter immediately or shirk, the supervisory authority or the appointment and removal authority will give a major demerit or demote to the main person in charge, the person in charge who is directly responsible, and other persons who are directly responsible. punishment.
Article 15 The agricultural, health, quality inspection, commerce, industry and commerce, pharmaceutical and other supervisory and administrative departments perform their respective product safety supervision and management responsibilities and have the following powers:
(1) Enter Conduct on-site inspections of production and business premises;
(2) Check, copy, seal up, and detain relevant contracts, bills, account books, and other relevant materials;
(3) Seize and detain non-compliance Products required by law, illegally used raw materials, auxiliary materials, additives, agricultural inputs, and tools and equipment used for illegal production;
(4) Seal production and operations that pose major hidden dangers to human health and life safety place.
Article 16 The supervisory and administrative departments of agriculture, health, quality inspection, commerce, industry and commerce, pharmaceuticals, etc. shall establish a recording system for illegal acts of producers and operators to record and publish the illegal acts; Producers and operators who record multiple illegal acts will have their license revoked.
Article 17 If an inspection and testing agency issues a false inspection report, causing serious consequences, the department that granted it the qualification will revoke its inspection and testing qualification; if it constitutes a crime, the directly responsible person in charge and other directly responsible persons will be punished. Personnel shall be held criminally responsible in accordance with the law.
Article 18 When a product safety accident or other product safety incident that has a serious impact on society occurs, the agricultural, health, quality inspection, commerce, industry and commerce, pharmaceutical and other supervisory and administrative departments must act within the scope of their respective responsibilities. Respond promptly, take measures to control the development of the situation, reduce losses, release information in accordance with the provisions of the State Council, and do a good job in the aftermath.
Article 19 Any organization or individual has the right to report violations of these regulations. The department that receives the report shall keep the whistleblower confidential. If the report is found to be true after investigation, the department accepting the report shall reward the whistleblower.
The supervisory and administrative departments of agriculture, health, quality inspection, commerce, industry and commerce, pharmaceuticals, etc. shall publish the email addresses or reporting hotlines of their units; reports received shall be recorded promptly and completely and properly preserved . If the matter reported falls within the responsibilities of this department, it shall be accepted and verified, processed and responded to in accordance with the law; if the matter does not fall within the responsibilities of this department, it shall be transferred to the department with the authority to handle it and the whistleblower shall be notified.
Article 20 These regulations will come into effect from the date of promulgation.