Implementation Regulations of the Food Safety Law of the People's Republic of China (2019 Revision)

Chapter 1 General Provisions Article 1 These regulations are formulated in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law).

Article 2 Food producers and traders shall engage in production and business activities in accordance with laws, regulations and food safety standards, establish and improve food safety management systems, take effective measures to prevent and control food safety risks, and ensure food safety.

Article 3 The Food Safety Committee of the State Council is responsible for analyzing the food safety situation, researching, deploying, coordinating and guiding food safety work, proposing major policies and measures for food safety supervision and management, and supervising the implementation of food safety supervision and management responsibilities.

The food safety committees of local people's governments at or above the county level carry out their work in accordance with the responsibilities prescribed by the people's governments at the same level.

Article 4 People's governments at or above the county level shall establish a unified and authoritative food safety supervision and management system and strengthen food safety supervision and management capacity building.

The food safety supervision and management departments and other relevant departments of the people's governments at or above the county level shall perform their duties in accordance with the law, strengthen coordination and cooperation, and do a good job in food safety supervision and management.

Township people's governments and sub-district offices shall support and assist the food safety supervision and management departments of county-level people's governments and their dispatched agencies in carrying out food safety supervision and management work in accordance with the law.

Article 5: The state shall incorporate food safety knowledge into the content of national quality education, popularize scientific common sense and legal knowledge about food safety, and improve the food safety awareness of the whole society.

Chapter 2 Food Safety Risk Monitoring and Assessment Article 6 The health administration department of the people's government at or above the county level shall establish a food safety risk monitoring consultation mechanism in conjunction with the food safety supervision and management departments at the same level, summarize and analyze risk monitoring data, and study and judge food safety risks.

A food safety risk monitoring and analysis report shall be formed and submitted to the people's government at the same level; the health administrative department of the local people's government at or above the county level shall also submit the food safety risk monitoring and analysis report to the health administrative department of the people's government at the next higher level.

Specific measures for food safety risk monitoring consultations shall be formulated by the health administration department of the State Council in conjunction with the food safety supervision and administration departments of the State Council.

Article 7 If the food safety risk monitoring results indicate that there are potential food safety hazards, and if the food safety supervision and management and other departments confirm that it is necessary to notify the relevant food producers and operators after further investigation, they shall notify them in a timely manner.

Food producers and operators who receive the notice should immediately conduct self-examination. If they find that the food does not meet food safety standards or there is evidence that it may harm human health, they should stop production and operation in accordance with the provisions of Article 63 of the Food Safety Law and implement food safety regulations.

Recall and report the relevant situation.

Article 8 If the health administration, food safety supervision and management departments of the State Council and other departments find that it is necessary to conduct safety assessments on pesticides, fertilizers, veterinary drugs, feeds and feed additives, they shall make safety assessment recommendations to the agricultural administration department of the State Council.

The agricultural administrative department of the State Council shall organize an assessment in a timely manner and notify the relevant departments of the State Council of the assessment results.

Article 9 The food safety supervision and administration department of the State Council and other relevant departments shall establish a food safety risk information exchange mechanism and clarify the content, procedures and requirements for food safety risk information exchange.

Chapter 3 Food Safety Standards Article 10: The health administration department of the State Council shall, in conjunction with the food safety supervision and administration, agricultural administration and other departments of the State Council, formulate the national food safety standards plan and its annual implementation plan.

The health administrative department of the State Council shall publish the draft of the national food safety standards plan and its annual implementation plan on its website and solicit public opinions.

Article 11 The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate local food safety standards in accordance with the provisions of Article 29 of the Food Safety Law and shall publicly solicit opinions.

The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, within 30 working days from the date of promulgation of local food safety standards, submit the local standards to the health administrative department of the State Council for filing.

If the health administrative department of the State Council discovers that the registered local food safety standards violate laws, regulations or national food safety standards, it shall promptly correct them.

If local food safety standards are abolished in accordance with the law, the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall promptly announce the abolition status on their websites.

Article 12 Special foods such as health foods, formula foods for special medical purposes, and formula foods for infants and young children are not considered local specialty foods, and local food safety standards shall not be formulated for them.

Article 13: After food safety standards are announced, food producers and operators may implement them before the implementation date specified in the food safety standards and disclose the early implementation status.

Article 14 Food production enterprises shall not formulate enterprise standards that are lower than the requirements of national food safety standards or local standards.

If a food production enterprise formulates enterprise standards with food safety indicators that are stricter than national food safety standards or local standards, it shall report them to the health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for record.

If a food production enterprise formulates corporate standards, it should be made public and available for free inspection by the public.

Chapter 4 Food Production and Operation Article 15 The validity period of a food production and operation license is 5 years.

If the production and operation conditions of a food producer and operator change and no longer meet the requirements for food production and operation, the food producer and operator shall immediately take corrective measures; if it is necessary to re-apply for the license, it shall be done in accordance with the law.

Article 16 The health administrative department of the State Council shall promptly publish catalogs of new food raw materials, new varieties of food additives and new varieties of food-related products, as well as applicable national food safety standards.