Decision of the State Council on Further Strengthening Food Safety (Guo Fa [2004] No.23) "The quality inspection department is responsible for the supervision of food production and processing, and the health supervision responsibility of food production and processing now undertaken by the health department is assigned to the quality inspection department; The industrial and commercial department is responsible for food circulation supervision; " And the Notice of the Office of the Central Organizing Committee on Further Defining the Division of Responsibilities of the Food Safety Supervision Department (No.35 [2004] of the Central Organizing Committee) "In the links of food production, processing, circulation and consumption: ... The industrial and commercial department is the main body responsible for food circulation quality supervision, so it is necessary to do a good job in the registration of food production and operation enterprises and individual industrial and commercial households, ban unlicensed food production and operation, and strengthen the supervision and inspection of food quality in the market. Strictly investigate and deal with quality violations such as the sale of unqualified food, investigate and deal with illegal activities such as food false advertising and trademark infringement, and promptly notify the quality inspection and health departments of the issuance, revocation and cancellation of business licenses. " Provisions of the industrial and commercial departments in charge of food safety supervision in circulation; The State Council has the right to decide the tasks and responsibilities of ministries. According to Article 89 of the Constitution, "the State Council shall exercise the following functions and powers: (3) to stipulate the tasks and responsibilities of ministries and commissions, to lead the work of ministries and commissions in a unified way, and to lead the national administrative work that does not belong to ministries and commissions;" The State Council has the right to define the tasks and responsibilities of ministries. The industrial and commercial departments shall be responsible for the food safety supervision in circulation according to the provisions of the the State Council Document, and at the same time comply with the provisions of the second paragraph of Article 3 of the Food Hygiene Law. "The relevant departments of the State Council shall be responsible for the management of food hygiene within the scope of their respective duties.".
Therefore, the industrial and commercial department should be the main body of law enforcement of the Food Hygiene Law.