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Product label management system for emergency food industry
Chapter I General Provisions Article 1 In order to strengthen the supervision and administration of food labels, standardize the labeling of food labels, prevent quality fraud and protect the legitimate rights and interests of enterprises and consumers, these Provisions are formulated in accordance with the Food Safety Law of People's Republic of China (PRC), the Product Quality Law of People's Republic of China (PRC) and the Special Provisions of the State Council on Strengthening the Supervision and Administration of Food and Other Products. Article 2 These Provisions shall apply to the labeling and management of food (including sub-packaging) produced and sold in People's Republic of China (PRC). Article 3 The term "food label" as mentioned in these Provisions refers to the words, symbols, numbers, patterns and other descriptions affixed, printed and marked on the food or its packaging to indicate the food name, quality grade, commodity quantity, eating or using method, producer or seller and other relevant information. Article 4 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the General Administration of Quality Supervision, Inspection and Quarantine) shall be responsible for organizing the supervision and administration of food labeling throughout the country within its functions and powers. The local quality and technical supervision departments at or above the county level shall be responsible for the supervision and management of food labeling within their respective administrative areas within their functions and powers. Chapter II Labeling Contents of Food Labels Article 5 Foods or their packages shall be labeled, except for foods that may not be labeled according to laws and administrative regulations. The contents of food labels should be true, accurate, easy to understand, scientific and legal. Article 6 The food label shall indicate the name of the food. The name of the food shall indicate the true attributes of the food and meet the following requirements: (1) If there are provisions on the name of the food in the national standards and industry standards, the name specified in the national standards and industry standards shall be adopted; (2) If there are no provisions on the name of food in the national standards and industry standards, a common name or a common name that will not cause misunderstanding and confusion among consumers shall be used; (3) When labeling such names as "newly created names", "unfamiliar names", "transliterated names", "brand names", "regional slang names" and "trademark names" that may easily mislead people, the names or classifications (generic names) specified in Items (1) and (2) of this article shall be labeled near the labeled names; (4) The names of two or more kinds of foods which are physically mixed, have uniform appearance and are difficult to separate from each other, and shall reflect the mixed attributes and classified (generic) names of the foods; (5) Foods made from animal and plant foods by imitating the characteristics of individuals, organs and tissues of other organisms through specific processing techniques shall be labeled with the words "artificial", "imitation" or "vegetarian", and the classified (general) name of the real attribute of the food shall be indicated. Article 7 Food labels shall indicate the source of food. Food producing areas are marked to prefecture-level areas according to administrative divisions. Article 8 The food label shall indicate the name, address and contact information of the producer. The name and address of the producer shall be the name and address of the producer registered according to law and able to bear the responsibility for product quality. Under any of the following circumstances, it shall be marked accordingly in accordance with the following provisions: (1) A company or its subsidiaries that independently bear legal liabilities according to law shall mark their respective names and addresses; (2) The name and address of the company, its branch or its production base, or only the company's name and address, shall be indicated in the branch or production base of a company that cannot bear legal liabilities independently according to law; (3) If it is entrusted to produce and process food and is not responsible for external sales, it shall indicate the name and address of the entrusted enterprise; For the food subject to production license management, if the entrusting enterprise has its entrusted food production license, it shall indicate the name and address of the entrusting enterprise and the name of the entrusted enterprise, or only indicate the name and address of the entrusting enterprise; (4) The repackaged food shall be marked with the name and address of the repackager and the words repackaged. Article 9 Food labels shall indicate the date of production and shelf life of food, and indicate the storage conditions in accordance with relevant regulations. Drinks, wine, vinegar, edible salt and solid sugar with alcohol content exceeding 10% (including 10%) can be exempted from labeling the shelf life. The marking method of date shall conform to the provisions of national standards or be expressed in "year, month and day". Article 10 The label of quantitatively packaged food shall indicate the net content and specifications in accordance with relevant regulations. For food containing solid and liquid two-phase substances, besides the net content, the content of leachate (solid substance) should also be marked. The net content should be arranged on the same display page of food packaging with the food name. The labeling of net content shall conform to the provisions of the Measures for the Supervision and Administration of Quantitative Packaging Commodities Measurement. Eleventh food labels should indicate the ingredients or ingredients list of food. The ingredients in the ingredient list shall be marked according to the descending order of the amount added in food production and processing, and the specific marking method shall be implemented in accordance with the provisions of national standards. Where sweeteners, preservatives and colorants are directly used in food, the specific names shall be marked under food additives in the ingredient list; Where other food additives are used, the specific name, type or code may be marked. The scope of use and dosage of food additives shall be implemented in accordance with the provisions of national standards. The main and supplementary foods specially designed for infants and other specific groups should also indicate the main nutritional components and their contents. Twelfth food labels should be marked with the product standard code implemented by enterprises. Thirteenth the implementation of food standards for food quality grade and processing technology have clear requirements, should be marked accordingly. Article 14 The number of the food production license and the QS mark shall be marked on the food and food labels subject to production license management. If the entrusted enterprise has a food production license for its entrusted production and processing, it may mark the number of the entrusted enterprise or the production license of the entrusted enterprise. Fifteenth mixed non-edible products are easy to cause accidental eating, improper use, and easy to cause personal injury, warning signs or Chinese warning instructions shall be marked. Article 16 In any of the following circumstances, a Chinese description shall be marked on the food label: (1) It is proved by medical clinic that it is easy to cause harm to special people; (2) Having been treated with ionizing radiation or ionizing energy; (3) Belonging to genetically modified food or containing legal genetically modified raw materials; (four) in accordance with the provisions of laws, regulations and national standards, other Chinese instructions that should be marked. Article 17 Where the words "nutrition" and "fortified" are marked in the name or specification of a food, the nutritional components and calories of the food shall be marked in accordance with the relevant provisions of the national standards, and the quantitative labeling specified in the national standards shall be met. Article 18 A food label shall not indicate the following contents: (1) It has the function of preventing and treating diseases; (2) Non-health foods express or imply health care functions; (3) Describing or introducing food in a deceptive or misleading way; (four) the additional product description can not prove its basis; (five) the words or patterns do not respect the national customs and habits, and there are discriminatory descriptions; (six) marked with the national flag, national emblem or RMB; (7) Contents prohibited by other laws, regulations and standards. Article 19 The following illegal acts of food labeling are prohibited: (1) Forging or falsely marking the production date and shelf life; (2) Forging the origin of food, forging or falsely using the names and addresses of other producers; (3) Forging, fraudulently using or altering the mark and number of the production license; (four) other acts prohibited by laws and regulations. Chapter III Identification Forms of Food Labels Article 20 Food labels shall not be separated from food or its packaging. Twenty-first food labels should be directly marked on the food or its packaging of the smallest sales unit. Twenty-second in a sales unit packaging contains different varieties, a number of independent packaging of food, each independent packaging of food labels should be marked in accordance with the provisions. If all or part of the compulsory labeling content of each independently packaged food cannot be clearly marked by the outer packaging of the sales unit, it shall be marked separately on the outer packaging of the sales unit, except that the outer packaging is easy to open and identify; If all or part of the mandatory labeling contents of each independently packaged food can be clearly identified, the corresponding contents may not be marked repeatedly on the outer packaging. Twenty-third food labels should be clear and eye-catching, and the background color and background color of the label should be in contrast color, which is convenient for consumers to identify and read. Article 24 The characters used in food labeling shall be standardized Chinese, except for registered trademarks. Food labels can use pinyin or minority languages 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 greater than the corresponding Chinese, except for registered trademarks. Article 25 When the maximum surface area of food or its packaging is more than 20 square centimeters, the height of characters, symbols and numbers in the compulsory food labeling shall not be less than1.8mm. When the maximum surface area of food or its packaging is less than 10 square centimeter, the label can only indicate the food name, producer's name and address, net content, production date and shelf life. However, if laws and administrative regulations stipulate that it should be marked, such provisions shall prevail. Chapter IV Legal Liability Article 26 Anyone who violates these provisions and constitutes an illegal act as stipulated in the Food Safety Law of People's Republic of China (PRC) and its implementing regulations shall be punished in accordance with the provisions of relevant laws and regulations. Twenty-seventh in violation of the provisions of the sixth to eighth, eleventh to thirteenth, not according to the provisions of the content should be marked, shall be ordered to make corrections; Overdue reform, punishable by a fine of 500 yuan +00000 yuan. Twenty-eighth in violation of the provisions of article fifteenth, not according to the requirements of Chinese warning signs or warning instructions, shall be punished in accordance with the provisions of article fifty-fourth of the "People's Republic of China (PRC) product quality law". Twenty-ninth in violation of the provisions of article tenth, not according to the provisions of the net content, shall be punished in accordance with the provisions of the "measures" supervision and management of quantitative packaging goods measurement. Thirtieth in violation of the provisions of article seventeenth, not according to the provisions of food nutrients, calories and quantitative, shall be ordered to make corrections; Overdue reform, punishable by a fine of 5000 yuan. Thirty-first in violation of the provisions of article eighteenth, food labeling prohibited content, shall be ordered to make corrections within a time limit; Overdue reform, punishable by a fine of 6.5438+0 million yuan; Violation of relevant laws and regulations shall be handled in accordance with relevant laws and regulations. Article 32 Whoever forges or falsely marks the date of production and shelf life of food shall be ordered to make corrections within a time limit and be fined between 500 yuan and 65.438 million yuan; If the circumstances are serious and cause consequences, it shall be punished in accordance with the provisions of relevant laws and administrative regulations. Article 33 Whoever forges the origin of food, forges or falsely uses the name and address of other producers shall be punished in accordance with the provisions of Article 53 of the Product Quality Law of People's Republic of China (PRC). Article 34 Whoever, in violation of Article 20 of these Provisions, separates food labels from food or its packaging shall be ordered to make corrections within a time limit and be fined not more than 5,000 yuan. Thirty-fifth in violation of the provisions of article twenty-first, the second paragraph of article twenty-second, article twenty-fourth, article twenty-fifth, shall be ordered to make corrections within a time limit; If it is not changed within the time limit, a fine of 6,543,800 yuan will be imposed. Article 36 Whoever violates the provisions of the first paragraph of Article 22 shall be punished in accordance with the relevant provisions of this chapter. Thirty-seventh staff engaged in the supervision and administration of food labeling, dereliction of duty, abuse of power, shielding, indulgence of illegal acts, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-eighth the provisions of the administrative punishment by the local quality and technical supervision departments at or above the county level within the scope of their functions and powers in accordance with the law. Where laws and administrative regulations provide otherwise for administrative punishment, such provisions shall prevail. Chapter V Supplementary Provisions Article 39 The administration of import and export food labels shall be implemented by the entry-exit inspection and quarantine institutions in accordance with the relevant provisions of the AQSIQ. Article 40 The AQSIQ shall be responsible for the interpretation of these Provisions. Article 41 These Provisions shall come into force as of September 6, 2008. The Provisions on the Investigation and Punishment of Illegal Food Labeling promulgated by the former State Bureau of Technical Supervision shall be abolished at the same time.