Archived（May 31, 2018）
Several Rules of the Shenzhen Municipality on the Supervision and Administration of Bean Products deliberated and adopted at the Eightieth Executive Meeting of the Fourth Shenzhen Municipal Government is now promulgated and will take effect from April 1, 2008.
Mayor Xu Zongheng
February 26, 2008
Several Rules of the Shenzhen Municipality on the Supervision and Administration of Bean Products
Article 1 In order to standardize the order of the production and operation of bean products in this city, strengthen the supervision and administration of bean products, and ensure the people’s health and safety, these rules are hereby formulated in accordance with laws, regulations such as Food Hygiene Law of the People’s Republic of China, Product Quality Law of the People’s Republic of China, etc. and in light of the actual conditions of this city.
Article 2 These rules shall be observed in the activities of the production and processing, sale, supervision and administration of bean products within the administrative region of this municipality.
Article 3 The bean products referred to in these rules shall mean the non-fermented bean products, which are made from soybeans as main raw materials and do not go through the process of fermenting, including tofu, soybean milk, dried bean curd, fried bean curd, dried bean cube, rolls of dried bean-milk cream, fried bean cube, jellied bean curd, etc.
The instant bean products referred to in these rules shall mean the bean products directly provided for consumers to consume and processed by the operators in the catering industry on the site of their operation.
The technical specifications referred to in these rules shall mean the technical specifications on bean products approved and issued by the municipal government for implementation.
The controlled operation areas shall mean the operation areas where strict controls are imposed on the stream of people, flow of materials, and invasion of harmful substance, etc. in the process of production. The controlled operation areas shall include the clean operation areas and quasi-clean operation areas.
The catering industry referred to in these rules shall mean the industry of food production and operation, which provide food, places and facilities of consumption for consumers by means of instant processing and making, commercial sale, and service labor, etc., including restaurants, snack bars, fast food restaurants, etc. except canteens.
Article 4 The people’s governments of various districts shall be responsible in general for the safety of bean products within their respective jurisdiction, guide, organize, and coordinate unitarily the supervision of bean products.
The departments of quality supervision shall be responsible for the hygiene permission and day-to-day supervision in the stage of the production and processing of bean products.
The departments of industrial and commercial administration shall be responsible for the day-to-day supervision in the stage of the distribution of bean products.
The departments of health shall be responsible for the hygiene permission in the stage of the distribution of bean products and the day-to-day supervision in the stage of the consumption of bean products.
The departments of urban comprehensive administrative law-enforcement, environmental protection, trade and industry, etc. shall be responsible for the related supervision according to the related laws, regulations and the duties defined by the municipal government.
Article 5 The producers and operators of bean products shall obtain the hygiene permit first according to law, and then may apply to the department of industrial and commercial administration for registration.
Article 6 The products, which are produced, processed, and sold, shall meet the related standards and the technical specification requirements.
Article 7 The system of the bill of delivery shall be put into practice in the operation of bean products.
The enterprises of the production and processing of bean products shall issue a “bill of bean product delivery” when delivering products for sale, deliver products with the bill, and make sure that the products conform to the bill.
The operators of bean products shall ask for the “bill of bean product delivery” when purchasing bean products, verify the related contents, make sure that products conform to the bill, and operate with the bill posted to the public.
Any unit or individual may not fabricate, resell the “bill of bean product delivery.”
The catalogue of the bean products, to which the system of the bill of delivery is applied, and specific measures on their administration shall be formulated by the municipal department of industrial and commercial administration separately.
Article 8 In the case of the bean products such as soybean milk, bean curd, etc. which need to be stored and shipped at a low temperature, their production and operation enterprises, distribution and shipping enterprises shall be equipped with corresponding facilities such as ice houses, freezers, etc., and use special airtight refrigerator vehicles for shipping.
The temperature required for cold storage in the stage of production shall be 0°C~4°C, the temperature required for cold storage in the stages of distribution, consumption, and shipping shall be lower than 10°C.
If laws, regulations, related standards and technical specifications have clear stipulations on the temperature, facilities of cold storage of bean products, they shall be honored.
The catalogue of the bean products which should be stored and shipped at a low temperature shall be formulated by the municipal department of quality supervision separately.
Article 9 The floorage of the controlled operation area of the enterprises of production and processing of bean products shall be no less than 500 square meters.
Article 10 Pre-packing shall be adopted for bean products, and the materials for packing shall meet the related requirements of the state.
Pre-packed bean products shall have labels and identifications. The labels shall meet the related rules, and mark the date of production.
Article 11 The enterprises of production and processing of bean products shall set up an office of quality inspection equipped with necessary instruments, facilities, and personnel for inspection and testing.
Bean products may be delivered for sale only after having successfully passed the inspection.
Article 12 The enterprises of production and processing of bean products shall establish journal accounts to record the related information such as the purchase of raw and supplementary materials, production and sale of products, etc.
Article 13 The operators of bean products shall establish the system of inspection and acceptance of incoming goods, check the quality and hygiene of bean products, inspect the certificate of qualified bean products, bills of delivery, labels and identifications, etc.
The operators of bean products shall establish the journal accounts of purchase and sale to record the items such as variety, specification, lot number, production unit, quantity, and date, etc.
Article 14 The operators of bean products (including canteens of units) other than those in the catering industry may not process and make bean products on the spot.
When processing and making bean products on the spot, the operators in the catering industry shall observe the following rules, meet the requirements for environmental protection, and have obtained the hygiene permission:
(1) the floorage of the independent bean-product-making shop which has equipment to soak, grind, process, and mold raw materials may not be less than 30 square meters;
(2) corresponding facilities shall be provided for the bean products which need cold storage, heat preservation according to the rules;
(3) instant bean products shall be provided for consumers to consume only within the operation place, and may not be sold to other operators of bean products;
(4) to keep a record of making, receiving and using, selling lot by lot.
Article 15 When carrying out the supervision and inspection of bean
products according to their respective duties, the related departments of supervision may exercise the following function and power according to law:
(1) to conduct on-the-spot inspections of the production, sale of bean products, and the places to use them;
(2) to investigate, collect the related information, and to look up, copy the related records and materials;
(3) to close down the places of production and operation, to seal up or distrain equipment, raw materials, and products, etc.;
(4) to carry out inspections or random inspections of the quality of bean products;
(5) the other function and power stipulated by laws, regulations, and rules.
After taking measures to preserve other evidence, the departments of
supervision may first dispose of the bean products that are sealed up or distrained.
Article 16 The related departments of supervision shall make public the supervision of the quality of bean products to the society every half a year, the items made public shall include:
(1) the name list of the enterprises of production of bean products established according law;
(2) the result of the supervision and inspection of bean products, including the name list of unqualified producers and operators, and the brand names of their products;
(3) the other information needed to be made public.
Article 17 If any bean products have the safety problem that may be
injurious to human heath, their producers and operators shall recall and destroy these products on their own initiative; as for those who do not recall on their own initiative, the departments of supervision shall order compulsory recall or make a public notice of compulsory recall and destroy these products.
Article 18 In the case of the producers and operators of bean products which have been established according to law before these rules take effect, if the floorage of their controlled operation areas, pre-packing of products, and cold storage do not meet these rules, corrections shall be made within 1 year from the date when these rules take effect. As for the cost incurred by the rectification, appropriate subsidies shall be given according to the related rules of the municipal government.
If the producers and operators of bean products refuse to make corrections or still fail to meet the statutory requirements after rectification, the original departments issuing certificates shall revoke the related permission certificates.
Article 19 In the case of the enterprises of production and processing of bean products which are established after these rules take effect, if they change the conditions which exist at the time of their establishment so that the floorage of their controlled operation areas, pre-packing of products, and cold storage do not meet these rules, related standards and technical specifications, the departments shall order corrections by a deadline and may impose a fine of 5,000 RMB; as for those which refuse to make corrections or still fail to meet the statutory requirements after rectification, a fine of more than 20,000 but less than 30,000 RMB may be imposed; if the consequences are serious, the original departments issuing certificates shall revoke the related permission certificates.
Article 20 If the quality of the products which are produced, processed, and sold does not meet the related standards and technical specifications, the departments of supervision shall impose penalties according to the related rules. Those causing damage to consumers shall hold the corresponding civil liability according to law.
Article 21 If the bean products which are produced, processed do not undergo inspection before their delivery or their pre-packing does not meet these rules, the departments of supervision shall order corrections, and may impose a fine of 10,000 RMB; as for those who refuse to make corrections, a fine of 20,000 RMB shall be imposed; if consequences are serious, the original departments issuing certificates shall revoke the permission certificates. Those causing damage to consumers shall hold the corresponding civil liability according to law.
If the pre-packing of the bean products for sale does not meet these rules, the department of industrial and commercial administration shall order corrections, and may impose a fine of 5,000 RMB.
Article 22 If the requirements of these rules for cold storage are violated in the process of storing, shipping, and selling of bean products, the departments of supervision shall order corrections, and may impose a fine of 20,000 RMB.
Article 23 If the enterprises of production and process of bean products fail to issue the “bill of bean product delivery” according to the rules when delivering products for sale, the departments of supervision shall order corrections, and may impose a fine of 10,000 RMB.
If stores, supermarkets, and pedlers’ markets, etc. sell the bean products without valid “bill of bean product delivery,” the department of industrial and commercial administration shall order corrections, and may impose a fine of 10,000 RMB.
If the operators in the catering industry, canteens, etc. violate the related rules of the system of the bill of delivery when purchasing bean products, the department of health shall order corrections, and may impose a fine of 10,000 RMB.
If related units or individuals fabricate or resell the “bill of bean product delivery,” the department of industrial and commercial administration shall order corrections, and may impose a fine of 30,000 RMB; those who are suspected of committing a crime shall be handed over to a judicial office to be dealt with according to law.
Article 24 If the producers and operators of bean products fail to establish journal accounts according to these rules, the departments of supervision shall order corrections, and may impose a fine of 5,000 RMB; as for those who refuse to make corrections, a fine of 10,000 RMB shall be imposed.
Article 25 If the operators in the catering industry violate the related rules on instant bean products, the departments of supervision shall order corrections, and may impose a fine of 10,000 RMB.
Article 26 If those who should obtain the permission certificates to engage in the activities of production and operation of bean products have not obtained the permission certificates and engage in these activities, the department of urban comprehensive administrative law-enforcement shall conduct investigations and impose penalties according to law.
Article 27 The departments of supervision shall establish the record system of the illegal acts of producers and operators of bean products in order to record illegal acts and make them public; if any producers and operators of bean products have above-mentioned illegal acts twice a year, their permission certificates shall be revoked according to law.
Article 28 If a department of supervision has found any acts violating these rules which are under the jurisdiction of other department of supervision, it shall immediately notify the related department of supervision in writing and transfer the case to this department to be dealt with.
Article 29 If the departments of supervision and their staff members fail to execute the duties of supervision or abuse power, practice favoritism and commit irregularities, the responsibility of the person in charge and directly responsible persons shall be investigated and ascertained according to law; those suspected of committing a crime shall be handed over to a judicial office to be dealt with according to law.
Article 30 These rules shall take effect as of April 1, 2008.
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