Food labeling management regulations

Chapter 1 General Provisions

Article 1 is to strengthen the supervision and management of food labeling, standardize the labeling of food labels, and prevent quality fraud , to protect the legitimate rights and interests of enterprises and consumers, in accordance with the "Law of the People's Republic of China on Product Quality", "The Food Hygiene Law of the People's Republic of China", and "Special Regulations of the State Council on Strengthening the Safety Supervision and Administration of Food and Other Products" As well as the "Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses" and other laws and regulations, these regulations are formulated.

Article 2 Production (including repackaging) within the territory of the People's Republic of China , labeling and management of food sold, these regulations shall apply.

Article 3 Food labeling as mentioned in these regulations refers to affixing, printing, or marking on food or its packaging to indicate the name of the food, The general name for the words, symbols, numbers, patterns and other descriptions of quality grade, commodity quantity, consumption or usage methods, producers or sellers and other relevant information.

Article 4 General Administration of Quality Supervision, Inspection and Quarantine ( The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the General Administration of Quality Supervision, Inspection and Quarantine) is responsible for organizing the supervision and management of food labeling across the country within its scope of authority.

Local quality and technical supervision departments at or above the county level are responsible for the supervision and management of food labeling within their respective administrative regions. Supervision and management work.

Chapter 2 Labeling Content of Food Labels

Article 5 Food or its packaging shall be labeled, but labels may not be attached in accordance with laws and administrative regulations. Except for food.

The content of food labels shall be true, accurate, easy to understand, scientific and legal.

Article 6 Food labels shall indicate the name of the food.

Food The name should indicate the true attributes of the food and meet the following requirements:

(1) If national standards or industry standards have provisions on the name of the food, the name specified by the national standards or industry standards should be used;

(2) If national standards or industry standards do not stipulate food names, common names or common names that will not cause misunderstanding and confusion among consumers should be used;

(3) Mark "newly created names" , "strange name", "transliterated name", "brand name", "regional slang name" or "trademark name" and other names that are likely to misunderstand the attributes of the food, this article shall be marked with the same font size adjacent to the name. (1) A name or classification (generic) name as specified in Items (1) and (2);

(4) It is made of two or more foods that are physically mixed and have a uniform appearance that is difficult to separate from each other. For food, its name should reflect the mixed attributes and classification (genus) name of the food;

(5) Using animal and plant foods as raw materials and using specific processing techniques to imitate other organisms Foods with characteristics of individuals, organs, tissues, etc. shall be preceded by the words "artificial", "imitation" or "vegetarian", and the classification (genus) name of the true attributes of the food shall be marked.

Article 7 Food labels shall indicate the place of origin of the food.

Food places of origin shall be marked to the prefectural and municipal level according to administrative divisions.

Article 8 Food labels shall indicate the producer’s name Name and address. The name and address of the producer shall be the name and address of the producer who is registered in accordance with the law and can assume responsibility for product quality.

If there is any of the following circumstances, it shall be marked accordingly in accordance with the following provisions:

(1) A company or its subsidiary that independently bears legal responsibility in accordance with the law shall indicate their respective names and addresses;

(2) A branch or subsidiary of a company that cannot bear independent legal responsibility in accordance with the law or The company's production base should be marked with the name and address of the company and branch or production base, or only the name and address of the company;

(3) If entrusted to produce processed food and is not responsible for external sales, The name and address of the entrusting enterprise shall be marked; for food subject to production license management, if the entrusting enterprise has a food production license for entrusted processing, the name and address of the entrusting enterprise and the name of the entrusted enterprise shall be marked, or only the entrusting enterprise shall be marked. Business name and address

;

(4) Repackaged food should be marked with the name and address of the repackaging person, and the word repackaged.

Article 9 Food labels should clearly indicate the production location of the food Date and shelf life.

If the shelf life of food is related to storage conditions, the specific storage conditions of the food should be marked. Beverage wine, vinegar, edible salt, and solid sugar with an ethanol content of 10 or more (including 10), Labeling of shelf life may be exempted.

The date labeling method shall comply with national standards or be expressed in “year, month, and day”.

Article 10. Labeling of quantitatively packaged foods shall indicate net content. .For foods containing solid and liquid two-phase substances, in addition to the net content, the content of drained matter (solid matter) should also be marked.

The net content should be displayed on the same display as the food name on the food package. Layout. The labeling of net content shall comply with the provisions of the Measures for the Supervision and Administration of Measurement of Quantitative Packaged Commodities.

Article 11 Food labeling shall indicate the ingredient list of the food.

In the ingredient list Various ingredients should be labeled in decreasing order of the amount added when producing and processing food, and the specific labeling method shall be implemented in accordance with the provisions of national standards.

If sweeteners, preservatives, and colorants are used directly in food, The specific name should be marked under the food additive item in the ingredient list; if other food additives are used, the specific name, type or code can be marked. The scope and amount of use of food additives should be in accordance with the provisions of national standards.

Article 12 Food labels shall indicate the national standard, industry standard, local standard number or registered enterprise standard number implemented by the enterprise.

Article 13 The standards implemented by the food clearly require the labeling of food quality The grade and processing technology shall be marked accordingly.

Article 14 For foods subject to production license management, the food label shall be marked with the food production license number and QS mark.

For foods whose production and processing are subject to production license management, if the entrusting enterprise has its entrusted processing food production license, the production license number of the entrusting enterprise or the entrusted enterprise may be marked.

Article 15 Mixed If the packaging of non-edible products is likely to cause accidental ingestion, improper use, or personal injury, warning signs or Chinese warning instructions shall be marked on the label.

Article 16 If the food has any of the following circumstances, A Chinese explanation should be marked on the label:

(1) Medically proven to be easily harmful to special groups;

(2) Treated with ionizing radiation or ionizing energy;

(3) It is genetically modified food or contains legal genetically modified raw materials;

(4) In accordance with laws, regulations, national standards and other provisions, other Chinese descriptions should be marked.

Article 17 If a food is labeled with the words "nutritional" or "fortified" in its name or description, the nutrients and calories of the food shall be labeled in accordance with the relevant provisions of national standards, and shall comply with the quantitative labeling stipulated in national standards.

Article 18 Food labels shall not indicate the following content:

(1) Expressly or implicitly indicating that it has the effect of preventing or treating diseases;

(2) Non- Health food expressly or implicitly has health-care effects;

(3) Describe or introduce the food in a deceptive or misleading manner;

(4) The additional product description cannot prove its basis

(5) Words or patterns that do not respect ethnic customs and have discriminatory descriptions;

(6) Use the national flag, national emblem or RMB, etc. for marking;

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(7) Contents prohibited from labeling by other laws, regulations and standards.

Article 19 prohibits the following illegal acts on food labeling:

(1) Forgery or falsehood Mark the production date and shelf life;

(2) Forge the place of origin of food, forge or impersonate the name and address of other producers;

(3) Forge, impersonate, or alter production License mark and number;

(4) Other activities prohibited by laws and regulations.

Third

Chapter Labeling Forms of Food Labels

Article 20 Food labels shall not be separated from food or its packaging.

Article 21 Food labels shall be placed directly on the food in the smallest sales unit Or on its packaging.

Article 22: If the packaging of a sales unit contains different varieties and multiple independently packaged foods, the label of each individually packaged food shall be marked in accordance with these regulations.

If all or part of the mandatory labeling contents of each individually packaged food cannot be clearly identified through the outer packaging of the sales unit, they shall be marked separately on the outer packaging of the sales unit, but the outer packaging is easy to open and identify. Except; if all or part of the mandatory labeling content of each independently packaged food can be clearly identified, the corresponding content does not need to be repeatedly marked on the outer packaging.

Article 23 Food labeling should be clear and eye-catching, and the background of the labeling and background color should be in contrasting colors to make it easy for consumers to identify and read.

Article 24 The text used in food labels should be standard Chinese, except for registered trademarks.

Food labels can use Chinese pinyin or ethnic minority characters at the same time, and can also use foreign languages ??at the same time, but they should have a corresponding relationship with Chinese, and the foreign languages ??used should not be larger than the corresponding Chinese, except for registered trademarks.

Twenty-five When the maximum surface area of ??a food or its packaging is greater than 20 square centimeters, the height of the mandatory text, symbols, and numbers in the food label shall not be less than 1.8 mm.

The maximum surface area of ??the food or its packaging is less than 10 square centimeters. centimeters, the label may only indicate the name of the food, the name and address of the producer, the net content, the date of production and the shelf life. However, if laws and administrative regulations stipulate that labels should be marked, the regulations shall apply.

Chapter 4 Legal Responsibilities

Article 26 Anyone who violates paragraph 1 of Article 5 of these Regulations and fails to attach labels to food or its packaging shall be ordered to make corrections within a time limit and be fined not more than 10,000 yuan.

Article 27 Anyone who violates Articles 6 to 8 and 11 to 13 of these regulations and fails to label the content that should be labeled as required shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined more than 500 yuan A fine of not more than RMB 10,000 shall be imposed.

Article 28 Anyone who violates Articles 9 and 15 of these Regulations and fails to mark the production date and shelf life, warning signs or Chinese warning instructions as required shall be fined in accordance with the "China Penalties are stipulated in Article 54 of the People's Republic of China and Domestic Product Quality Law.

Article 29 Anyone who violates Article 10 of these regulations and fails to mark the net content as required shall be punished in accordance with the "Quantitative Packaging Penalties are stipulated in the Measures for the Supervision and Administration of Commodity Measurement.

Article 30 If the label of food subject to production license management does not indicate the production license number and logo, it shall be punished in accordance with the "People's Republic of China and the National Penalties are stipulated in Article 47 of the Regulations on the Administration of Industrial Product Production Licenses.

Anyone who forges, impersonates or alters the production license number and mark shall be punished in accordance with the Industrial Products Regulations of the People's Republic of China and the People's Republic of China. Article 51 of the Production License Management Regulations stipulates penalties.

Article 31: Anyone who violates Article 17 of these regulations and fails to label food nutrients, calories and quantitative labeling as required shall be ordered to Correction; if the correction is not made within the time limit, a fine of not more than 5,000 yuan shall be imposed.

Article 32: Anyone who violates Article 18 of these Regulations by marking prohibited content on the food label shall be ordered to make correction within a time limit; if the correction is not made within the time limit, A fine of not more than 10,000 yuan shall be imposed; those who violate relevant laws and regulations shall be dealt with in accordance with relevant laws and regulations.

Article 33 Anyone who forges or falsely marks the production date and shelf life of food shall be ordered to make corrections within a time limit and fined 500 A fine of not less than RMB 10,000 but not more than RMB 10,000 shall be imposed; if the circumstances are serious and the consequences are serious, penalties shall be imposed in accordance with relevant laws and administrative regulations.

Article 34: Forgery of the place of origin of food, forgery or fraudulent use of the name of other producers , address, shall be punished in accordance with Article 53 of the "Law of the People's Republic of China and Domestic Product Quality".

Article 35 Violation of Article 20 of these regulations, food labeling and food Or if the packaging is separated, it will be ordered to make corrections within a time limit and fined not more than 5,000 yuan.

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Article 36 Anyone who violates Article 21, Paragraph 2 of Article 22, Article 24, and Article 25 of these Provisions shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be A fine of not more than 10,000 yuan shall be imposed.

Article 37 Anyone who violates paragraph 1 of Article 22 of these regulations shall be punished in accordance with the relevant provisions of this chapter.

Article 38 Staff members engaged in the supervision and management of food labeling who neglect their duties, abuse their power, cover up and indulge in illegal activities shall be given administrative sanctions in accordance with the law; if a crime is constituted, they shall be investigated for criminal liability in accordance with the law.

Article 39 These Regulations stipulate that Administrative penalties shall be implemented by local quality and technical supervision departments at or above the county level in accordance with the law within the scope of their powers.

If laws and administrative regulations otherwise provide for administrative penalties, such provisions shall prevail.

Article Chapter Five Supplementary Provisions

Article 40 The management of import and export food labeling shall be implemented by the entry-exit inspection and quarantine agency in accordance with the relevant regulations of the General Administration of Quality Supervision, Inspection and Quarantine.

Article 41 These Regulations The General Administration of Quality Supervision, Inspection and Quarantine is responsible for the interpretation.

Article 42 These regulations will come into effect on September 1, 2008. The "Regulations on Investigating and Punishing Illegal Food Labeling Acts" promulgated by the former State Administration of Technical Supervision will be abolished at the same time.