Chapter III. Food Production and Business Operation
Article 18. Food producers or business operators shall, prior to applying for SAIC
registration, have obtained a license for food production, food circulation, and catering
services.
The food production license, food circulation license and catering service license are valid for
4 years.
Article 19. Should the production or operating conditions of a food producer or business
operator have changed and, as a result, the requirements for food production and business
operation are no longer satisfied, the food producer or business operator shall immediately
stop production or operation activities and shall report to AQSIQ, SAIC, or SFDA of its local
county or district.
Article 20. An enterprise engaging in food production or food business shall, as required by
Article 32 of Food Safety Law, arrange for its employees to be trained in food safety, to study
food safety laws, regulations, standards, and food safety knowledge, to understand food
safety accountability, and maintain a training record.
Article 21. A food producer or food business operator shall, in accordance with Article 34 of
Food Safety Law, establish and implement a health check system and health record system
for food professionals. Food professionals engaging in work having direct contact with readyto-
eat food shall be relocated to other posts that will not have an influence upon food safety
if they are suffering from a disease which, according to Food Safety Law, disqualifies them
from engaging in such work.
Article 22. A food production enterprise shall establish and implement such food safety
management systems as raw material acceptance management system, in-production safety
management system, storage management system, equipment management system,
unacceptable products management, and shall perfect food safety assurance systems so as
to ensure food safety.
Article 23. A food production enterprise shall establish and implement control measures for
key production processes like procurement and material charging, as well as control
measures for packaging, storage, shipment, and inspection.
Whenever an occurrence not in compliance with the control measures is identified during
food production, the food production enterprise shall immediately identify the cause and take
corrective actions.
Article 24. Apart from maintaining a purchase acceptance inspection record and an exfactory
inspection record as required by Article 36 and 37 of Food Safety Law, a food
production enterprise shall also record faithfully the safety management situation during food
production. The records shall be kept for a minimum of 2 years.
Article 25. A food production enterprise performing an ex-factory food inspection pursuant
to Article 38 of Food Safety Law shall retain the samples in a manner as required by relevant
inspection regulations.
Article 26. A food operation enterprise practicing purchase acceptance inspection pursuant
to Article 39 of Food Safety Law shall faithfully record such information as the name,
specification, quantity, batch No., shelf life, name and means of contact of the supplier, and purchase date of the food or alternatively keep the purchase bills that bear the above
information. The records or bills shall be kept for a minimum of 2 years.
An enterprise engaging in food wholesale business shall, for the food sold, faithfully record
such information as name, specification, quantity, batch No., shelf life, name and means of
contact of the supplier, and sale date of the food or alternatively keep the sale bills that bear
the above information. The records or bills shall be kept for a minimum of 2 years.
Article 27. The State encourages food producers and food businesses to use advanced
technological means and to record the information required to be recorded according to Food
Safety Law and these Regulations.
Article 28. Catering service providers shall establish and implement raw material
procurement control measures and ensure the food and raw ma terials procured are in
conformity with food safety standards.
During food processing, catering service personnel shall inspect the raw materials or food to
be processed and shall not process or use them if they are found putrid or otherwise
abnormal by sensory judgment.
Article 29. Catering service enterprises shall regularly maintain food processing, storage,
display facilities and equipment and shall clean and calibrate cold storage and freezing
facilities on a regular basis. Tableware and drinking ware shall be cleaned and sterilized as
required and shall, after being sterilized, be kept ready for use in special clean cabinets.
Tableware or drinking ware, if not sterilized, shall not be used.
Article 30. For food recalled under Article 53 of Food Safety Law, its producer shall have
them harmlessly treated or destructed so as to prevent them from entering into market once
again. Provided that the safety of the recalled food can be guaranteed with such remedial
measures like making change in label, identification, and instruction manual, its producer
may sell the food after taking such remedial measures.
AQSIQ, SAIC, and the food and drug administrative department at or above county level
shall record in food producers’ food safety and credit archive such information as recalling
unqualified food or desisting from engaging in food that has been found unacceptable to food
safety standards.
Chapter IV. Food Inspection
Article 31. Enterprises applying for re-inspection pursuant to Article 60 of Food Safety
Law shall furnish required documents.
A catalogue of food inspection organizations trusted with re-inspection shall be
announced jointly by CNCA, MOH, and MOA.
Article 32. Where a food producer is not in agreement with the sampling inspection
conclusion as made under Article 60 of Food Safety Law and applies for a re-inspection, the
re-inspection expense will be borne by the sampling inspection organization should the reinspection
find the food acceptable, otherwise the food producer shall bear the re-inspection
expense.
Article 33. A food inspection organization performing food inspection at the request of a
food producer or a food business operator shall immediately report to the health
administrative department of the local county or district people’s government having a
jurisdiction over the producer upon finding the furnished sample:
(1) is contaminated by poisonous or harmful substance;
(2) contains unidentified substances or non-food ingredients; or
(3) is grossly not in compliance with food safety standards in such a way that food safety
accidents may result.
Upon receiving the report, the health administrative department shall notify its local food
safety supervision department without delay.
Chapter V. Food Import and Export
Article 34. When importing food from a country where no national food safety standard is in
place or when importing a new food additive or a new variety of food-related product for the
first time, the import agent shall submit the license as acquired under Article 63 of Food
Safety Law when applying to AQSIQ for inspection.
After MOH has made a decision in favor of product import under Article 63 of Food Safety
Law, AQSIQ shall conduct inspection according to the stipulations of MOH.
Article 35. Overseas food production enterprises that register pursuant to Article 65 of
Food Safety Law for exporting food to the People’s Republic of China shall have a registration
validity of 4 years. During registration validity should the registered overseas food production
enterprise be found having provided falsified files or the food imported from the enterprise
has resulted in a major food safety accident, AQSIQ shall revoke the registration and have
this decision publicized.
Article 36. Imported food additives shall be accompanied with a label and instructions in
Chinese language. The label and instructions shall be in conformity with Food Safety Law and
other relevant laws and administrative regulations of the People’s Republic of China, as well
as the requirements of national food safety standard and shall specify the place of origin of
the additive and the name, address, and means of contact of its agent in the People’s
Republic China. Food additives without Chinese label or Chinese instructions or whose label
or instructions are not in compliance with the provisions of this Article are not allowed to be
imported.
Article 37. The regulations for the inspection of imported food by AQSIQ under Article
62 of Food Safety Law, as well as that for the supervision and sampling inspection of
imported food by the same institution under Article 68 of Food Safety Law, shall be
developed by AQSIQ.
Article 38. AQSIQ shall establish an information collecting network and shall collect,
summarize and publicized the following information according to Article 69 of Food Safety
Law:
(1) Information on unsafe food as identified by AQSIQ during inspection and quarantine
process;
(2) Information reported by trade societies or consumers on imported food safety;
(3) Food safety information and risk warnings publicized by international organizations
or overseas governmental institutions, as well as information reported by overseas trade
societies or consumers on food safety; and
(4) Other information on food safety.
The department, thus acquainted with the information, shall take appropriate actions
and measures when necessary. The food safety supervision and administration department
shall notify AQSIQ of the acquired information on imported food safety.
