Food Recall Management Measures

Chapter 1 General Provisions

Article 1 is to strengthen the management of food production and operation, reduce and avoid the hazards of unsafe food, and protect the public For physical health and life safety, these measures are formulated in accordance with the provisions of the Food Safety Law of the People's Republic of China and its implementation regulations and other laws and regulations.

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 person primarily responsible for food safety in accordance with the law, establish and improve relevant management systems, collect and analyze food safety information, and perform the cessation of production and operation and recall of unsafe food in accordance with the law. and disposal obligations.

Article 4: The State Food and Drug Administration is responsible for guiding the supervision and management of the suspension of production and operation, recall and disposal of unsafe food nationwide.

Local food and drug regulatory authorities 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 food and drug regulatory authorities 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 help stop the production and operation of unsafe food. , recall and disposal provide professional support.

Article 6: The State Food and Drug Administration 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 food and drug supervision and administration 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 regions, and supervising food producers and operators 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 and operation and take notice or announcement. Inform the relevant food producers and operators to stop production and operation, consumers to stop eating, 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 food and drug supervision and administration 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 sold by a food business operator is unsafe, he shall take effective measures in a timely manner. Ensure that relevant operators stop selling unsafe food.

Article 10 If a third-party online food trading platform provider discovers that the food operated 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 ceases operations. 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 risks.

Chapter 3 Recall

Article 12 Food producers are informed of the food they produce and operate through self-inspection and self-examination, public complaints and reports, and notification from operators and regulatory authorities. If it is unsafe food, it should be recalled voluntarily.

If a food manufacturer should voluntarily recall unsafe food but fails to do so, the food and drug supervision and administration 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: eating has caused or may cause serious health problems In the event of damage or even death, food producers should initiate a recall within 24 hours after becoming aware of the food safety risk and report the recall plan to the local food and drug regulatory authorities at or above the county level.

(2) Level 2 recall: Food that has been 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 food and drug administration at or above the county level. Department reports on 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 it to the local food and drug supervision and administration department at or above the county level. Report recall plans. 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 foods in accordance with the recall plan.

After receiving the recall plan from the food manufacturer, the local food and drug regulatory authorities 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 recall area;

(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) Information of relevant food producers and operators Obligations and responsibilities;

(7) Disposal measures and cost responsibilities for recalled foods;

(8) Expected effects of the recall.

Article 16 Food recall announcements shall include the following content:

(1) Name, address, legal representative, specific person in charge, contact number, and email address of the food producer etc.;

(2) Food name, trademark, specification, production date, batch, etc.;

(3) Reason for recall, grade, start and end date, regional scope;

(4) Obligations of relevant food producers and operators and the process for consumer returns and compensation.

Article 17 If unsafe food is sold in the province, autonomous region, or municipality directly under the Central Government, the food recall announcement shall be published on the website of the provincial food and drug regulatory department and major provincial media. The recall announcement published on the website of the provincial food and drug administration department should be linked to the website of the State Food and Drug Administration.

If unsafe food is sold in more than two provinces, autonomous regions, or municipalities directly under the Central Government, the food recall announcement shall be published on the website of the State Food and Drug Administration and major central media.

Article 18 If a first-level recall is implemented, the food manufacturer shall complete the recall within 10 working days from the date of announcement.

If a Level 2 recall is implemented, the food manufacturer shall complete the recall within 20 working days from the date of the announcement.

If a Level 3 recall is implemented, food producers shall complete the recall within 30 working days from the date of announcement.

If the situation is complicated, with the consent of the local food and drug regulatory authorities at or above the county level, the food manufacturer can appropriately extend the recall time and make it public.

Article 19: After a food business operator learns that a food manufacturer has recalled unsafe food, it shall immediately stop purchasing and selling it, seal up the unsafe food, and post the recall announcement issued by the manufacturer in a conspicuous place on the business premises. and other measures to cooperate with food manufacturers in carrying out recalls.

Article 20: Food business operators shall voluntarily recall unsafe food caused by their own reasons within the scope of their business in accordance with the provisions of laws and regulations.

Food operators should notify suppliers when recalling unsafe food. Suppliers should promptly inform producers.

Food operators should specifically indicate in the recall notice or announcement that the unsafe food problems were caused by their own reasons.

Article 21 If unsafe food cannot be recalled due to the uncertainty of the producer, bankruptcy or other reasons, the food business operator shall voluntarily recall the unsafe food within the scope of its business.

Article 22: The procedures for recalling unsafe food by food operators shall be handled in accordance with the relevant regulations on recalling unsafe food by food producers.

Chapter 4 Disposal

Article 23 Food producers and operators shall, in accordance with the provisions of laws and regulations, take measures against unsafe foods that have been withdrawn from the market due to suspension of production and operation, recall, etc. Disposal measures such as remediation, harmless treatment, and destruction.

If a food producer or operator fails to dispose of unsafe food in accordance with the law, the local food and drug supervision and administration department at or above the county level may order it to dispose of unsafe food in accordance with the law.

Article 24: Food producers and operators should immediately destroy unsafe food that seriously endangers human health and life safety, such as illegal addition of non-edible substances, spoilage, diseased livestock and poultry, etc.

If the conditions for on-site destruction are not met, the unsafe food producers and operators can centrally destroy and dispose of them. Food producers and operators should report to the local food and drug supervision and administration department at or above the county level before centralized destruction.

Article 25: For food that has been recalled because labels, markings, etc. do not meet food safety standards, food producers may continue to sell the food after taking remedial measures and ensuring food safety. Remedies should be made clear to consumers.

Article 26: If the harmless treatment of unsafe food can achieve resource recycling, food producers and operators may handle it in accordance with relevant national regulations.

Article 27: If food producers and traders are unsure of how to dispose of unsafe food, they shall organize relevant experts to conduct an assessment and make dispositions based on the assessment opinions.

Article 28: Food producers and traders shall truthfully record the names, trademarks, specifications, production dates, batches, quantities, etc. of stopped production and operation, recalled and disposed of unsafe foods. The record retention period shall not be less than 2 years.

Chapter 5 Supervision and Management

Article 29 If the local food and drug supervision and administration department at or above the county level discovers unsafe food, it shall notify the relevant food producers and operators to stop production and operation or Recall and take relevant measures to eliminate food safety risks.

Article 30: If the local food and drug supervision and administration department at or above the county level discovers that the food produced and traded by a food producer or dealer may be unsafe food, it may conduct an investigation and analysis, and the relevant food producers and dealers shall actively assist.

Article 31: Local food and drug regulatory authorities at or above the county level may conduct on-site supervision and inspection of food producers and operators’ suspension of production and operation, recall and disposal of unsafe food.

Article 32 If the unsafe food that a food producer or operator stops production and operation, recalls or disposes of unsafe food poses a greater risk, it shall wait 5 working days after the end of the stop of production and operation, recall and disposal of unsafe food. Report the situation in writing to the local food and drug regulatory authorities at or above the county level within days.

Article 33: Local food and drug regulatory authorities at or above the county level may require food producers and operators to report regularly or irregularly on the suspension of production and operation, recall and disposal of unsafe food.

Article 34: Local food and drug supervision and administration departments at or above the county level may evaluate reports on the suspension of production and operation, recall and disposal of unsafe food submitted by food producers and traders.

If the evaluation concludes that the measures taken by food producers and operators are insufficient to control food safety risks, the local food and drug regulatory authorities at or above the county level shall order the food producers and operators to take more effective measures to stop production and operation, Recall and Dispose of Unsafe Food.

Article 35: In order to prevent and control food safety risks, local food and drug regulatory authorities at or above the county level may issue early warning information, require relevant food producers and operators to stop the production and operation of unsafe food, and remind consumers Stop eating unsafe food.

Article 36: The local food and drug regulatory authorities at or above the county level shall record the suspension of production and operation, recall and disposal of unsafe food in the credit files of food producers and operators.

Chapter 6 Legal Responsibilities

Article 37 If food producers and operators violate the provisions of these Measures regarding the suspension of production and operation, recall and disposal of unsafe food, food safety laws and regulations shall include If stipulated, it shall be handled in accordance with relevant regulations.

Article 38 Food producers and operators violate Article 8, Paragraph 1, Article 12, Paragraph 1, Article 13, Article 14, Article 20, First of these Measures Article 21, Paragraph 1 of Article 23, Paragraph 1 of Article 24, failure to immediately stop production and operation, failure to initiate a recall, failure to initiate a recall within the prescribed time limit, failure to recall in accordance with the recall plan Anyone who produces unsafe food or fails to dispose of unsafe food in accordance with regulations will be given a warning by the food and drug supervision and administration department and a fine of not less than RMB 10,000 but not more than RMB 30,000 will be imposed.

Article 39 If a food business operator violates the provisions of Article 19 of these Measures and fails to cooperate with the food manufacturer in recalling unsafe food, the food and drug supervision and administration department shall give a warning and impose a fine of 5,000 yuan. A fine of not less than 30,000 yuan but not more than 30,000 yuan is imposed.

Article 40 If a food producer or operator violates the provisions of Article 13, Article 24, Paragraph 2, and Article 32 of these Measures and fails to perform relevant reporting obligations as required, he or she shall be subject to The food and drug administration department shall order corrections and give warnings; those who refuse to make corrections shall be fined not less than RMB 2,000 but not more than RMB 20,000.

Article 41 If a food producer or operator violates the provisions of paragraph 2 of Article 23 of these Measures, the food and drug regulatory department shall order the food producer or operator to dispose of unsafe food in accordance with the law. Anyone who refuses or delays performance will be given a warning by the food and drug administration department and a fine of not less than RMB 20,000 but not more than RMB 30,000 will be imposed.

Article 42 If a food producer or operator violates the provisions of Article 28 of these Measures and fails to record and preserve the suspension of production and operation, recall and disposal of unsafe food as required, it shall be subject to food and drug supervision and administration. The department shall order corrections and give warnings; those who refuse to make corrections shall be fined not less than RMB 2,000 but not more than RMB 20,000.

Article 43: The suspension of production and operation, recall and disposal of unsafe food by food producers and operators shall not exempt them from other legal responsibilities that they should bear in accordance with the law.

If food producers and traders take the initiative to take measures to stop production and operation, recall and dispose of unsafe food to eliminate or reduce harmful consequences, they shall be given a lighter or reduced punishment in accordance with the law; if the violation is minor and corrected in a timely manner, no harmful consequences will be caused. , no administrative penalty will be imposed.

Article 44 If the local food and drug regulatory authorities at or above the county level fail to perform their duties stipulated in these Measures in accordance with the law and cause adverse consequences, they shall be punished in accordance with the relevant provisions of the Food Safety Law of the People's Republic of China. It stipulates that administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel.

Chapter 7 Supplementary Provisions

Article 45 These Measures apply to food, food additives and health foods.

Food producers and operators shall refer to these Measures for the cessation, recall and disposal of edible agricultural products after entering the wholesale and retail markets or production and processing enterprises.

Article 46 These Measures shall come into effect on September 1, 2015.