Legal analysis: The applicant for re-inspection shall, within 7 working days from the date of receipt of the inspection conclusion, report to the food safety supervision and management department that implements the food safety supervision and sampling inspection work or its superior food safety supervision department. The management department submits a written application. In order to standardize food (including food additives) safety supervision, sampling, re-inspection and objection work, further improve work efficiency, and effectively prevent and control food safety risks, it is based on the "Food Safety Law of the People's Republic of China" and "Food Safety Sampling Inspection Management" Measures" and other laws and regulations

Legal basis: "Measures for the Administration of Food Safety Sampling Inspection" (published by the State Administration for Market Regulation Order No. 15)

Article 24 Food Safety Sampling Inspection implements the responsibility system between the inspection agency and the inspector. The food safety inspection report issued by the inspection agency shall be stamped with the official seal of the agency and have the signature or seal of the inspector. The inspection agency and inspector are responsible for the food safety inspection report issued.

The inspection agency shall issue an inspection report within 20 working days from the date of receipt of the sample. If there is any other agreement between the market supervision and management department and the inspection agency, the agreement shall prevail.

Inspection agencies shall not subcontract or subcontract inspection tasks without the consent of the market supervision and administration department that organizes and implements sampling inspection tasks.

Article 25 If the inspection conclusion of the food safety supervision and sampling inspection is qualified, the inspection agency shall properly preserve the re-inspection backup samples within 3 months from the date of the inspection conclusion. If the remaining shelf life of the re-inspection backup sample is less than 3 months, it shall be stored until the end of the shelf life.

If the inspection conclusion is unqualified, the inspection agency shall properly preserve the re-inspection backup samples within 6 months from the date of the inspection conclusion. If the remaining shelf life of the re-inspection backup sample is less than 6 months, it shall be stored until the end of the shelf life.

Article 32 The market supervision and administration department shall issue a notice of acceptance or rejection within 5 working days from the date of receipt of the re-inspection application materials. If the application is not accepted, the reasons shall be stated in writing.

The market supervision and management department shall, within 5 working days from the date of issuance of the acceptance notice, randomly select a re-inspection institution to conduct re-inspection in the published list of re-inspection institutions, following the principle of convenience and efficiency. The re-inspection agency shall not be the same agency as the initial inspection agency. If the re-inspection agency cannot be determined in time due to objective reasons, the period may be extended by 5 working days and the reasons shall be explained to the applicant.

The re-inspection agency shall not refuse the re-inspection task without justifiable reasons. If it is indeed unable to undertake the re-inspection task, it shall make a written explanation to the relevant market supervision and management department within 2 working days.

If the re-inspection agency has an interest in entrusting daily inspection business with the re-inspection applicant, it shall not accept the re-inspection application.

Article 33 The initial inspection agency shall transfer the backup samples to the re-inspection agency within 3 working days after the re-inspection agency is determined. If the transfer cannot be made on time due to objective reasons, the three working days can be extended with the consent of the market supervision and management department accepting the re-inspection. The delivery method of re-inspection samples shall be determined through negotiation between the initial inspection institution and the applicant.

After receiving the backup sample, the re-inspection agency shall confirm the integrity of the outer packaging and seal of the backup sample by taking photos or videos, etc., and make a record of sample receipt. If the seal or packaging of the re-inspection backup sample is damaged, or other circumstances that affect the result determination occur, the re-inspection agency shall report to the market supervision and management department in writing in a timely manner.