Chapter 1 General Provisions Article 1 In order to strengthen the management of food production and operation, reduce and avoid the hazards of unsafe food, and protect public health and life safety, in accordance with the Food Safety Law of the People's Republic of China "" and its implementing regulations and other laws and regulations, these Measures are formulated. Article 2 Within the territory of the People's Republic of China, these Measures shall apply to the suspension of production and operation, recall and disposal of unsafe food, as well as its supervision and management.
Unsafe food refers to food whose production and operation are prohibited by food safety laws and regulations and other foods that have evidence that may harm human health. Article 3 Food producers and traders shall assume the obligations of the primary person responsible for food safety in accordance with the law, establish and improve relevant management systems, collect and analyze food safety information, and perform the obligations of stopping production and operation, recalling and disposing of unsafe food in accordance with the law. Article 4 The State Administration for Market Regulation is responsible for guiding the supervision and management of the suspension of production and operation, recall and disposal of unsafe food nationwide.
Local market supervision and management departments at or above the county level are responsible for the supervision and management of the suspension of production and operation, recall and disposal of unsafe food in their respective administrative regions. Article 5 The market supervision and management department at or above the county level shall organize the establishment of a food safety expert database composed of experts in medicine, toxicology, chemistry, food, law and other related fields to provide professional support for the suspension of production and operation, recall and disposal of unsafe food. Article 6 The State Administration for Market Regulation is responsible for summarizing and analyzing information on the suspension of production and operation, recalls and disposal of unsafe food across the country, and improving food safety supervision and management measures based on food safety risk factors.
Local market supervision and management departments at or above the county level are responsible for collecting, analyzing and processing information on the suspension of production and operation, recall and disposal of unsafe food in their respective administrative areas, and supervising food producers and traders to implement their main responsibilities. Article 7: Encourage and support food industry associations to strengthen industry self-discipline, formulate industry norms, guide and promote food producers and operators to fulfill their obligations to stop production and operation, recall and dispose of unsafe food in accordance with the law.
Encourage and support the public to conduct social supervision on the suspension of production and operation, recall and disposal of unsafe food. Chapter 2 Suspension of Production and Operation Article 8 If a food producer or operator discovers that the food it produces or operates is unsafe food, it shall immediately cease production or operation and notify the relevant food producers and operators and consumers by means of a notice or announcement to stop production and operation and consumers to stop production and operation. Eat it and take necessary measures to prevent and control food safety risks.
If a food producer or operator fails to stop the production and operation of unsafe food in accordance with the law, the market supervision and management department at or above the county level may order it to stop the production and operation of unsafe food. Article 9 If the operator of a centralized food trading market, the lessor of a food business counter, or the organizer of a food exhibition finds that the food operated by a food operator is unsafe, he shall take effective measures in a timely manner to ensure that the relevant operator ceases operations. Safe food. Article 10 If a third-party online food trading platform provider discovers that the food sold by an online food operator is unsafe, it shall take measures such as stopping online trading platform services in accordance with the law to ensure that the online food operator stops selling unsafe food. Article 11 If the unsafe food produced and traded by a food producer and trader has not been sold to consumers and is still under the control of other producers and traders, the food producer and trader shall immediately recover the unsafe food and take necessary measures to eliminate the risk. Chapter 3 Recall Article 12 If a food producer knows that the food it produces and operates is unsafe through self-inspection, public complaints and reports, operators and supervision and management departments, etc., it shall take the initiative to recall the food.
If a food producer should voluntarily recall unsafe food but fails to do so, the market supervision and management department at or above the county level may order it to recall. Article 13 According to the seriousness and urgency of food safety risks, food recalls are divided into three levels:
(1) Level 1 recall: Food production has caused or may cause serious health damage or even death after consumption. Investors should initiate a recall within 24 hours after becoming aware of the food safety risk and report the recall plan to the local market supervision and management department at or above the county level.
(2) Level 2 recall: Food that has or may cause general health damage after consumption. Food producers should initiate a recall within 48 hours after becoming aware of the food safety risk and report it to the local market supervision and management department at or above the county level. Report recall plans.
(3) Level 3 recall: For foods with false labels and labels, food producers should initiate a recall within 72 hours after becoming aware of the food safety risk and report to the local market supervision and management department at or above the county level. Recall plan. Foods with defective labels and markings that will not cause health damage after consumption must be rectified by the food manufacturer and may be recalled voluntarily. Article 14 Food producers shall recall unsafe food according to the recall plan.
After receiving the recall plan from the food manufacturer, the local market supervision and management department at or above the county level can organize experts to evaluate the recall plan if necessary. If the evaluation concludes that the recall plan should be modified, the food manufacturer should modify it immediately and implement the recall in accordance with the modified recall plan. Article 15 The food recall plan shall include the following contents:
(1) Basic information such as the name, address, legal representative, specific person in charge, and contact information of the food producer;
(2) Food name, trademark, specifications, production date, batch, quantity and regional scope of recall;
(3) Reasons for recall and harmful consequences;
(4) Recall level, process and time limit;
(5) Content and release method of recall notice or announcement;
(6) Obligations and responsibilities of relevant food producers and operators;
(7) Disposal measures and cost responsibilities for recalled foods;
(8) Expected effects of the recall.