China Finance and Taxation Information Network 3-11-18
----------------. Ministries and agencies directly under the State Council:
In recent years, various regions and relevant departments have organized and implemented the "Pollution-free Food Action Plan" and the "Three Green Projects" (referring to: promoting green consumption, cultivating green markets and opening up green channels), implemented the quantitative grading management system for food hygiene supervision and the market access system for food quality and safety, and actively carried out special rectification of food and drug market order, which has achieved certain results. However, due to various reasons, the current order of food and drug production and operation in China is still quite chaotic, and the phenomenon of manufacturing and selling fake and shoddy food and drugs has been repeatedly banned, especially serious food poisoning incidents have occurred from time to time, which not only seriously damaged the legitimate rights and interests of consumers, but also affected the healthy development and social stability of the food and drug industry, and some even caused international trade disputes and damaged China's international image. In order to protect the health and life safety of the broad masses of people and promote the development of China's foreign trade, the State Council has decided to implement the food and drug safety project nationwide from now on. With the consent of the State Council, the relevant issues are hereby notified as follows:
1. Focus on the key points and define the objectives. The guiding ideology for implementing the food and drug safety project is: under the guidance of the spirit of the 16th National Congress of the Communist Party of China and the important thought of "Theory of Three Represents", in accordance with the working principle of "treating both the symptoms and root causes, focusing on the root cause", organically combine rectification and construction, current and long-term, special rectification and daily supervision, promote standardized production of agricultural products and Chinese herbal medicines, and develop modern circulation methods. In the near future, we should focus on the special rectification of food and drugs, so as to promote the full implementation of the food and drug safety project. The focus of the special rectification of food and drugs is to focus on quality, hygiene and safety, do a good job in pollution control at the source of food and market access, severely crack down on illegal and criminal activities of manufacturing and selling fake and shoddy food, meat, vegetables, fruits, dairy products, bean products, aquatic products and other "food basket" products, drugs and medical devices, smash dens for manufacturing and selling such fake and shoddy products, and rectify the production, operation and use of unlicensed food, drugs and medical devices. Through rectification, the illegal and criminal activities of producing and selling fake and inferior food and drugs have been effectively curbed, major cases have been investigated and dealt with in time, the food and drug safety situation has been improved, the market order has improved obviously, and the people's sense of security for food and drugs has generally increased.
ii. main contents and measures
(1) pay close attention to the rectification of production and processing links and strengthen source management. Focusing on the production process control of agricultural products and the environmental supervision of producing areas, we will fully implement the "Pollution-free Food Action Plan" and strengthen the supervision of agricultural products, pesticides, veterinary drugs and other agricultural inputs; Strict quality standards, standardize agricultural production behavior, and fully implement the agricultural product safety monitoring system. Taking solving the problem of organophosphorus pesticide residues in vegetables as a breakthrough, the pesticide residues in plant products exceeded the standard; To strictly investigate the "lean meat essence" pollution as the main line, to rectify the use of illegal drugs and veterinary drug residues in livestock products; Taking chloramphenicol pollution as the breakthrough point, the drug residues in aquatic products exceeded the standard. Strengthen the supervision of food processing, and take measures such as hygiene license, production license and mandatory inspection before leaving the factory to strengthen the quality management of food production enterprises. Fully implement good manufacturing practice (GMP) according to law, speed up the implementation of GAP, and improve the management level of drug production and cultivation and breeding of Chinese herbal medicines.
(2) Strict market access and standardized business practices. Strengthen market quality spot check, compulsory inspection and measurement supervision, and strictly control market access. Establish the incoming inspection system, promote unified certification and standardized packaging identification, and implement the system of obtaining certificates and tickets for purchase and sale, filing and quality investigation for important market sales. Continue to implement the "three green projects" and strengthen the guidance and management of food processing and circulation industries. Comprehensively supervise the implementation of GSP, strictly implement the standards set by pharmaceutical wholesale and retail enterprises, and severely investigate and deal with illegal acts such as buying, selling, renting, lending or renting in disguised form, lending the Pharmaceutical Business License and affiliated operations; A comprehensive inventory of registered medical device products, severely investigate and deal with the production, operation and use of unlicensed medical devices.
(3) promote modern circulation methods and improve the degree of market organization. Actively promote the reform of food and drug circulation system, vigorously develop modern marketing methods such as agricultural industrialization and chain operation, logistics and distribution, and encourage food and drug chain stores to enter the community and rural areas. It is necessary to establish demonstration markets in large and medium-sized cities. If conditions permit, it is necessary to promote the transformation of farmers' markets into supermarkets, and encourage the implementation of new purchase and sale methods such as direct links between shops and producers, production enterprises and production bases of agricultural and sideline products. Break local protection and market segmentation, and resolutely remove all institutional obstacles that affect the development of modern circulation methods.
(4) improve laws and regulations and strengthen law enforcement. Accelerate the research and formulation of laws, regulations and standards on food quality, health and safety, agricultural products quality and safety, and establish and improve food and drug laws, regulations, standards and certification systems. It is necessary to strengthen law enforcement, improve the law enforcement responsibility system and accountability system, thoroughly investigate major cases, focus on the inspection and cleaning up of food processing points in the urban-rural fringe of large and medium-sized cities, and ban illegal production and business operations and the manufacture and sale of fake and shoddy food dens. Enterprises that do not have the basic conditions of food hygiene and quality and safety are not allowed to start business or produce, and those that have already started business should immediately suspend business for rectification; Any food that has not been inspected or failed to pass the inspection is not allowed to be sold out of the factory. Conduct a comprehensive clean-up and rectification of the professional market of Chinese herbal medicines nationwide, and resolutely close down those who fail to meet the requirements within a time limit and still fail to meet the requirements after rectification. In the investigation and handling of illegal and criminal cases of manufacturing and selling fake and shoddy food and drugs, administrative law enforcement organs should strengthen contact and cooperation with judicial organs, timely inform the investigation and handling of cases, and strive to establish a working mechanism linking administrative law enforcement with criminal law enforcement. Anyone suspected of committing a crime shall be promptly transferred to judicial organs, and punishment shall not be substituted for punishment.
(5) Establish an emergency response mechanism. In order to effectively prevent, timely control and eliminate the hazards of food and drug safety emergencies, and maintain normal social order, all regions and relevant departments should study and put forward corresponding emergency measures and legal responsibilities according to the Emergency Regulations on Public Health Emergencies promulgated by the State Council and combined with the characteristics of food and drug safety in China, and formulate systems for prevention and emergency disposal, information reporting and release. Education and health administrative departments at all levels should fully implement the responsibility system for school health and epidemic prevention and food hygiene and safety.
(6) Strengthen legal publicity and education and speed up the construction of credit system. Strengthen the publicity and education of laws and regulations such as Food Hygiene Law, Product Quality Law, Standardization Law and Drug Administration Law, and carry out industry integrity education and professional ethics education. According to the characteristics of the food and drug industry, the credit system construction plan should be studied and formulated. Unified development of food and drug industry credit standards, to achieve the interconnection of credit information, resources * * *. Establish and improve the disciplinary mechanism for dishonesty, and play a warning and disciplinary role in recording and publicizing corporate violations.
(7) Play the role of social supervision. It is necessary to give full play to the role of consumer associations, quality supervision, food and drug industry associations and other intermediary organizations, and strengthen the self-discipline of food and drug industry. Set up a telephone number to report complaints and mobilize the masses to actively participate. It is necessary to attach importance to the supervision of public opinion by the news media, publicize and report on good examples in food and drug production and management and quality, health and safety supervision with great fanfare, and publicly expose cases of violation of laws and regulations with bad influence. Food and drug safety project is a complex systematic project, which needs the cooperation of all parties. In particular, it is necessary to make scientific plans, appropriately increase investment, focus on building standardized production bases for agricultural products and Chinese herbal medicines, food and agricultural products standard systems, food and drug inspection and testing systems, strengthen scientific research on food quality, hygiene and safety, and support the development of modern circulation methods. The Development and Reform Commission and the Ministry of Finance shall, jointly with the Ministry of Agriculture, the Ministry of Commerce, the Ministry of Health, the General Administration of Quality Supervision, Inspection and Quarantine, and the Food and Drug Administration, study specific implementation opinions.
Third, strengthen leadership and implement responsibilities
(1) Local authorities are responsible and implement responsibilities. The implementation of the food and drug safety project involves a wide range and has great influence. It is necessary to adhere to the principle of "unified national leadership, local government responsibility, departmental guidance and coordination, and joint action by all parties". Local people's governments at all levels should earnestly shoulder their responsibilities, strengthen leadership and coordination, determine their work priorities according to local conditions, clarify their work tasks and objectives, implement the responsibility system, decompose tasks and responsibilities into relevant units and personnel step by step, and formulate a work plan as soon as possible, and report the plan to the Food and Drug Administration before July 3, 23.
(2) division of labor and cooperation, comprehensive management. The implementation of the food and drug safety project is led by the Food and Drug Administration, with the cooperation of the Development and Reform Commission, the Ministry of Education, the Ministry of Public Security, the Ministry of Agriculture, the Ministry of Commerce, the Ministry of Health, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, and the State Administration of Environmental Protection. While effectively implementing the division of responsibilities and responsibilities for the quality, health and safety of "food basket" products in accordance with the Notice of the State Council on Strengthening the Work of "Food Basket" in the New Stage (Guo Fa [22] No.15), the food and drug supervision department should earnestly perform the supervision over the whole process of drug development, production, management and use to ensure the safety and effectiveness of people's drug use; Agricultural departments should organize the construction of standardized production bases for agricultural products and implement routine monitoring system for quality and safety of agricultural products; Commercial (economic and trade) departments should strengthen the guidance and management of food circulation, promote the reform of circulation system, and establish and improve the food safety inspection system; Health departments should actively implement the quantitative classification management system of food hygiene supervision, strengthen the supervision and management of daily food hygiene supervision and hygiene license issuance, strengthen the hygiene supervision of school canteens and catering industry, and further improve the food pollutant monitoring network; The administrative department for industry and commerce should conscientiously do a good job in the registration of food production and business enterprises and individual industrial and commercial households, ban unlicensed production and business operations, strengthen supervision and inspection of the quality of listed food, and seriously investigate and deal with illegal acts of false food and drug advertisements and trademark infringement; Quality inspection departments should strengthen the supervision and management of food production enterprises, organize special supervision and spot checks, promote food certification, fully implement the market access system for processed food quality and safety, and investigate and deal with illegal acts of producing fake and shoddy food and unlicensed production. The planning offices at all levels should strengthen supervision, coordination and key inspection.
(3) supervise and inspect, and pay close attention to implementation. The State Council instructed the Food and Drug Administration, jointly with relevant departments, to form an inspection team, and in 23, organized two times to supervise and inspect the special rectification work in various places. Important information should be reported to the national leading group for rectifying and standardizing the market economic order. The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government should pay close attention to the deployment of local rectification work, organize forces to strengthen supervision, and submit the implementation to the Food and Drug Administration in a timely manner, which will summarize it and report it to the State Council.