Chapter VI. Handling of Food Safety Accidents
Article 39. The institution in which a food safety accident has occurred shall immediately
seal off the food as well as its raw materials, tools, equipment and site that have or probably
have caused this accident and shall, within 2 hours, report to the health administrative
department of the local county or district people’s government and shall take control
measures as may be required by MOH.
Article 40. MOH, jointly with the food safety supervision and administration department and
following the principle of science, shall investigate the food safety accident and timely and
accurately find out the nature and cause of the accident and shall locate the responsibility for
the accident and come up with rectification measures. The regulations for food safety
accident handling shall be prepared by MOH.
Article 41. During the investigation into the food safety accident, MOH and the competent
food safety supervision and administration department have the right to interview the
institutions or individuals concerned for information related to the accident and may request
that they provide relevant files and samples.
The institutions or individuals concerned shall cooperate with MOH and competent food
safety supervision and administration department in their investigation of the accident and
shall provide relevant files and samples as demanded.
Article 42. No institution or individual shall obstruct or interfere with the investigation in a
food safety accident.
Chapter VII. Supervision and Administration
Article 43. The annual food safety supervision and administration plan prepared by a local
people’s government at or above county level under Article 76 of Food Safety Law shall cover
food sampling inspection.
MOA, AQSIQ, SAIC, and the SFDA at or above county level shall conduct sampling
inspection in accordance with the annual food safety supervision and administration plan.
Expenses such as sample cost and inspection cost shall be covered by the budget outlay of
its local government.
Article 44. When performing food safety supervision and administration and for the purpose
of preliminary screening, the local quarantine officials, SAIC, and SFDA may employ a quick
inspection method validated by the national level AQSIQ, SAIC, and SFDA. When the
preliminary screening indicates that the food may not in conformity with food safety
standard, the competent food safety supervision and administration department shall,
pursuant to Article 60 of Food Safety Law, send the samples for inspection. However,
preliminary screening results shall not be used as reference for law enforcement.
Article 45. Routine food safety supervision and administration information, as provided for
in Article 82 of Food Safety Law, includes:
(1) Work plan and arrangement for food safety supervision and administration;
(2) Administrative license issued as per the Food Safety Law;
(3) Supervision and inspection results of food producers and food business operators and
food inspection results;
(4) Catalogue of foods and food additives under key supervision and administration;
(5) Catalogue of foods, food additives and food-related products for which an order has
been given to cease producing or trading;
(6) Illegal activities of food producers and business operators that have been investigated
and punished;
(7) Findings of targeted inspection and results of rectification and improvement; and
(8) Other routine food safety supervision and administration information.
Should any information mentioned above involve two or more food safety supervision and
administration departments, the information shall be publicized jointly by the competent
departments.
Article 46 When publicizing information pursuant to Article 82 of Food Safety Law, the food
safety supervision and administration department shall explain and describe any possible
hazards associated with the food concerned.
Article 47 Each institution or individual is entitled to complain about and report illegal food
production and business actions and report any identified unsafe food to MOH, MOA, AQSIQ ,
SAIC, or SFDA.
MOH, MOA, AQSIQ, SAIC, and SFDA shall publicize their email address or complaint and
reporting phone number. Complaints and reports received shall be noted down completely
and be filed.
Chapter VIII. Legal Liability
Article 48. Any food producer or business operator found in contravention of Article 19 of
these Regulations shall be ordered to make rectification and be issued a warning punishment
by the competent department; if serious consequences have been caused, punishment will
be administered pursuant to Article 84 of Food Safety Law.
A catering service provider found in contravention of Article 28 of these Regulations shall be
punished in accordance with Article 86 of Food Safety Law.
A food production enterprise found in contravention of Articles 22 through 25 of these
Regulations, a food business enterprise engaging in food wholesale found in contravention of
Article 26 of these Regulations, or a catering service enterprise found in contravention of
Article 29 of these Regulations shall be punished in accordance with Article 87 of Food Safety
Law.
Anyone found in contravention of Article 36 of these Regulations shall be punished in
accordance with Article 89 of Food Safety Law.
Article 49. A medical institution found in contravention of Article 8 of these Regulations
shall be ordered to make rectification and be issued a warning punishment by MOH.
Article 50. A food inspection organization found in contravention of Article 33 of these
Regulations shall be ordered to make rectification and be issued a warning punishment by
the competent department or organization that has qualified it; where serious consequences
have been caused, its inspection qualification shall be revoked.
Article 51. Anyone found in contravention of Article 39 of these Regulations shall be
punished in accordance with Article 88 of Food Safety Law.
Article 52. MOH, MOA, AQSIQ, SAIC, SFDA or other competent administrative
department at or above county level shall be punished in accordance with Article 95 of Food
Safety Law if they fail to perform food safety supervision and administration and information
notification duties as required by these Regulations.
Article 53. Anyone who publicizes food safety information not in accordance with Food
Safety Law and these Regulations and has, as a result, incurred losses to food producers or
consumers shall assume indemnification liabilities.
Article 54. Anyone who falsifies or publicizes falsified facts to damage the commercial
credit and food reputation of a food producer or business operator and has, as a result,
incurred losses to the latter shall bear the indemnification liabilities; where a crime has been
committed, the person guilty shall be subject to criminal liabilities.
Article IX. Supplementary Articles
Article 55. The following words and expressions of these Regulations shall have the
meaning hereby assigned to them:
Food safety risk assessment refers to a scientific assessment performed in order to
identify the possible adverse impact upon human health by biological, chemical and physical
hazards of food; it includes hazard identification, hazard characteristic description, exposure
assessment, and risk characteristic description, etc.
Catering service refers to service activities by which the food and food consumption
premises and facilities are provided to consumers through instant preparation and
processing, commercial sale and service labor.
Article 56. Farm food product quality safety risk monitoring and risk assessment shall
be conducted by MOA in accordance with “Law of the People’s Republic of China on
Agricultural Product Quality and Safety”.
The supervision and administration of catering service at borders and ports of the
People’s Republic of China shall be conducted by the entry-exit inspection and quarantine
organization in accordance with Food Safety Law and these Regulations.
Article 57. These Regulations are enforceable starting from June 01, 2009.
