(Adopted at the 22ndSession of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on January 12th, 2018, as amended at the 36thSession of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on October 31th, 2019, in accordance with the Decision on Amending 45 Regulations, including the Regulations of Shenzhen Special Economic Zone on Human Organ Donation and Transplantation)
Chapter One General Provisions
Article 1 In order to strengthen the supervision and administration of food safety in Shenzhen Special Economic Zone, guarantee food safety and safeguard the physical health and life safety of the public, according to the basic principles of the Food Safety Law of the People's Republic of China and relevant laws and administrative regulations, and in light ofthe actual circumstancesof Shenzhen Special Economic Zone, these Regulations are hereby formulated.
Article 2 These Regulations shall apply to government supervision of food safety, self-supervision by producers and traders, social supervision and other related activities in Shenzhen Special Economic Zone.
Article 3 The food safety supervision shall be implemented following the principle of "prevention-centered, risk management, whole-process control, quality assurance and social co-governance", with a scientific and strict supervision and administration system established.
Article 4 The municipal and district people's governments shall be responsible for the supervision and administration of food safety in their respective administrative regions with unified leadership, organize and coordinate the supervision and administration of food safety in their respective administrative regions and the response to food safety emergencies, establish and improve a whole-process food safety supervision and administration mechanism and an information-sharing mechanism, promote the development of the food safety standard system and guarantee that food safety supervisors, funds, and technical support are put in place.
Article 5 Food producers and traders shall, in accordance with the provisions of relevant laws, regulations and food safety standards, engage in food production and marketing activities, establish and improve the food safety administration system, be equipped with food safety administrators, and make efforts to strengthen self-supervision and administration of food safety, assure food safety, and accept social supervision.
Article 6 Strengthen social supervision of food safety. Citizens, social organizations and news media are encouraged to carry out food safety supervision in accordance with the law, and put forward opinions and suggestions on food safety supervision and administration.
Article 7 The municipal people's government shall report the implementation of food safety to the Standing Committee of the Municipal People's Congress.
Chapter Two Supervision and Administration Duties of the Government
Article 8 The food and drug safety committees of the municipal and district people's governments shall be responsible for the research and deployment, overall planning and guidance of food safety supervision and administration, urging and coordinating relevant departments to perform supervision and administration duties, and organizing evaluation of the self-supervision and social supervision of food producers and traders.
The food and drug safety committee of the municipal people's government shall be responsible for organizing the evaluation and assessment of the food safety supervision and administration of the district people's governments. The food and drug safety committees of the municipal and district people's governments shall be in charge of organizing the evaluation and assessment of the food safety supervision and administration of the Administration for Market Regulation and other relevant departments at the corresponding level.
The food and drug safety committee of the municipal people's government shall, in accordance with laws, regulations and these Regulations, develop standards and systems for deliberation, assessment and evaluation.
Article 9 The deliberation, assessment and evaluation shall be made by encouraging the participation by food producers and traders, trade associations, technical institutions, scientific research institutes, consumer committees, news media and representatives of the citizens. The results of deliberation, assessment and evaluation shall be made public.
The deliberation, assessment and evaluation related work may be completed by entrusting professional institutions.
Article 10 The Municipal Administration for Market Regulation shall perform the following duties of food safety supervision and administration:
(1) supervision and administration of food and its production, processing, transportation, storage and sale;
(2) supervision and administration of food, food additives and food-related products in the field of catering services;
(3) supervision and administration of the planting and breeding of edible agricultural products, slaughtering of livestock and poultry, purchase and distribution of raw milk;
(4) organization of formulation of food-related standards or specifications;
(5) organization of food safety risk exchanges;
(6) other duties of food safety supervision and administration as specified by laws and regulations.
The municipal health department is responsible for organizing and implementing risk monitoring and risk assessment of food safety in accordance with the law.
Other competent departments shall, in accordance with their respective duties, perform supervision and administration of food safety in relevant fields.
Article 11 The supervisory and administrative organs under the municipal administration for market regulation and their dispatched offices shall be responsible for the supervision and administration of food safety in their respective areas, and may, in their respective names, supervise and inspect the food producers and traders within their jurisdiction, and investigate and punish illegal acts involving food safety in accordance with the law.
Article 12 Upon the approval of the municipal organization establishment department, the municipal administration for market regulation and the subordinate supervisory and administrative organs may establish a director of food safety to organize the implementation of food safety supervision and administration related work.
The director of food safety shall perform the following duties of supervision and administration:
(1) organizing and coordinating food inspection, routine supervision and food safety emergency management;
(2) deciding on administrative measures relating to the responsibility inquiries for food safety and ordering correction;
(3) other duties of food safety supervision and administration authorized by the municipal administration for market regulation and the subordinate supervisory and administrative organs.
The director of food safety shall be responsible to, and report to, the head of the municipal administration for market regulation or the subordinate supervisory and administrative organs.
Article 13 The municipal administration for market regulation shall employ specialized staffs for food safety inspection and law enforcement to perform the following work of food safety supervision and administration:
(1) carrying out on-site inspection during production and operation;
(2) conducting supervisory sampling inspection of food produced or traded;
(3) inspecting and duplicating relevant contracts, bills, account books and other relevant materials;
(4) conducting, according to the decision of the director of food safety, responsibility inquiries with food producers and traders;
(5) other duties of food safety supervision and administration as specified by laws and regulations.
Article 14 The district people's governments shall, as required, employ full-time or part-time food safety supervisors in the communities to assist the specialized staffs for food safety inspection and law enforcement or other relevant law enforcement officers in food safety supervision and administration, and the working expenses required shall be guaranteed by incorporating the same into the financial budget of the district people's governments.
According to the arrangement of the market supervision department, the food safety supervisors shall perform the following work:
(1) patrolling and recording;
(2) on-site rapid testing;
(3) collection and report of food safety related information;
(4) publicity and education in food safety;
(5) other supporting work for food safety supervision as stipulated by the municipal and district people's governments.
The on-site rapid testing results obtained by the food safety supervisors will not be used as the basis for administrative law enforcement.
Article 15 The municipal administration for market regulation shall train the food safety supervisors in laws and professional knowledge of food safety. Those who pass the examination shall be issued work certificates.
The food safety supervisors shall produce their work certificates when performing duties.
Article 16 The municipal administration for market regulation shall, together with relevant departments and in accordance with the principles of science, objectivity, timeliness and openness, organize communication and exchanges among food producers and traders, trade associations, technical institutions, scientific research institutes, consumer committees, news media and representatives of citizens on food safety risk assessment, supervision and administration.
The departments for market supervision and administration, industry and information technology, health, urban management and comprehensive law enforcement shall, in a timely manner, communicate food safety information with each other.
Article 17 The municipal administration for market regulation shall deepen cooperation with telecom operators, Internet platforms and other relevant units, and, through SMS, WeChat, Weibo and other communication methods, provide food safety information to the public in a timely manner.
Article 18 If any information in relation to food safety publicly disseminated through radio, television, newspapers, the Internet and other media, or communicated to the public through SMS, WeChat, Weibo and other means is inconsistent with the facts or inaccurate, which is or may be endangering public health, disturbing market order or impacting social stability, the municipal administration for market regulation shall, after investigation and verification together with relevant departments, make a public clarification.
Article 19 The municipal administration for market regulation shall, by cooperating with the relevant departments and according to their respective functions and duties, establish the following linkage mechanism in work with the relevant departments of the major sources of food:
(1) communicating food quality and safety information with each other and strengthening law enforcement coordination;
(2) perfecting the supervision and administration system of production records, labeling management, quality standards, credit archives and product recall from the sources of food;
(3) promoting the effective implementation of risk exchanges, Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Point (HACCP) certification, inspection and testing, product certification and other relevant systems;
(4) emphasizing the protection of soil environmental quality in agricultural products bases serving Shenzhen.
Chapter Three Supervision and Administration Measures of the Government
Section One Food Safety Related Standards
Article 20 The municipal administration for market regulation could, by cooperating with the municipal department of health and other departments and in light of the actual conditions, organize the formulation of Shenzhen standards in terms of food quality, nutritional health and process control which are stricter than the national standards or the Guangdong Provincial standards.
Article 21 The municipal administration for market regulation shall focus on studying the formulation of Shenzhen standards in the following areas concerning food safety:
(1) foods with high safety risks;
(2) foods with high local consumption;
(3) health-care food, formula food for special medical uses, formula food for infants and other staple or supplementary food and other special food for specific groups;
(4) local specialty food;
(5) control and management of production and operation processes;
(6) methods of inspection and testing;
(7) other matters requiring a standard.
Article 22 If, due to the existence of potential food safety risks or possible food safety hazards, it is necessary to formulate or revise a food safety standard, before such formulation or revision by the state, the municipal administration for market regulation may prescribe the temporary limit values and temporary inspection methods for harmful substances in food, which shall be submitted to the municipal people's government for approval before serving as the basis for production, operation, supervision and administration.
Article 23 Food and food-related trade associations and other social organizations are encouraged to, on the basis of national and local standards and by drawing upon international standards and advanced standards at home and abroad, formulate and publish food-related group standards.
The municipal administration for market regulation shall establish and improve the management system for food-related group standards, while guiding and standardizing the formulation and implementation of food-related group standards.
Article 24 Food producers and traders are encouraged to formulate and implement enterprise standards that are stricter than national or local food safety standards.
Such enterprise standards, upon public declaration or labeling, shall be applied as the basis for production, operation, supervision and administration.
Article 25 The municipal administration for market regulation may build a food standard certification and labeling system in Shenzhen, and grant the labeling right to any food and food-related product or service in line with the Shenzhen standard. The specific measures shall be formulated separately by the municipal administration for market regulation.
Section Two Food Inspection
Article 26 The administration for market regulation shall implement strict administration of food inspection and authorize food inspection institutions to adopt advanced technologies and methods for food inspection. Food producers and traders shall cooperate with sampling inspections.
The specific measures for inspection administration shall be formulated separately by the municipal administration for market regulation according to relevant national regulations and these Regulations.
Article 27 The administration for market regulation shall, subject to the actual situation of food producers and traders, create an annual food sampling inspection programme.
Such annual food sampling inspection programmes shall cover:
(1) food to be sampled for inspection and the types of food-related products;
(2) sampling procedure, sampling method, sampling quantity and other sampling requirements;
(3) inspection items, inspection methods, judgment references and other inspection requirements;
(4) summary and analysis of inspection results, and method and time limit for reporting;
(5) other matters as stipulated by laws and regulations.
Article 28 The administration for market regulation shall strengthen the sampling inspection of the following foods:
(1) food with higher safety risk and rising pollution level;
(2) food subject to frequent consumer complaints and reports;
(3) food with great potential for safety hazards indicated by risk monitoring, supervision and inspection, special overhaul, case and accident investigation, emergency treatment, etc.;
(4) health-care food, formula food for special medical uses, formula food for infants and other special food for specific groups;
(5) food produced and traded by canteens for group dining, central kitchens, group meal distribution entities and catering service providers in tourist areas;
(6) food with high consumption during traditional holidays or specific seasons;
(7) food that have caused health hazards in other areas and, as the evidence shows, may cause harm in local area;
(8) other food that should be the focus of sampling inspection.
Article 29 Where any edible agricultural product is under any of the following circumstances, the administration for market regulation shall implement key sampling inspections with a higher frequency:
(1) lacking a certificate of origin, proof of purchase or certificate of conformity;
(2) produced in areas where environmental incidents have occurred;
(3) produced by areas with great potential quality and safety hazards;
(4) where other edible agricultural products of the same kind produced in the same county-level administrative area are found to be unqualified after sampling inspections.
Article 30 The administration for market regulation shall reinforce the supervision and inspection of the production, transportation and storage of edible agricultural products, and in the light of food safety risks, increase the intensity and frequency of sampling inspection.
Article 31 The administration for market regulation shall, in accordance with the annual food sampling inspection programme, carry out regular or irregular food sampling inspection, and, according to the relevant provisions, publish the inspection results with no exemption allowed. In sampling inspection, the administration shall purchase the samples to be inspected, entrust food inspection institutions conforming to the provisions of the law for inspection, and pay the relevant fees. No inspection fees and other costs shall be collected from food producers or traders.
Article 32 Theadministration for market regulation shall, on the basis of acceptable sampling risk for food safety, tolerable sampling error, estimated overall error and other factors, define the sampling size.
In defining the sampling size, the sampling risk shall be reduced to a level acceptable to the public and the sampling size shall be appropriately increased in accordance with such reduction.
Sampling may be realized by means of random number table or computer technology selection, systematic selection and random selection.
Article 33 The administration for market regulation shall, according to the variety of food, items and batches, scale of consumption, degree of risk, types of food production and trading entities, special circumstances of its jurisdiction and different situations of public concern, implement stratified sampling to ensure that the selected samples can represent the characteristics of local food safety.
Article 34 Food inspection shall be fulfilled by qualified food inspection institutions in accordance with relevant laws and regulations and food-related standards and inspection specifications.
For case and accident investigation, emergency response and other relevant purposes, the municipal administration for market regulation may adopt the inspection items and inspection methods prescribed by non-food safety standards to analyze and identify the causes of food safety issues. Adoption of such non-food safety standards or inspection methods not stipulated by the state shall be subject to the principle of using scientific, advanced and reliable technical means.
Article 35 The administration for market regulation shall adopt applicable national standards, industrial standards, Guangdong standards, Shenzhen standards and those clearly stated in the public statements or labels by food producers or traders.
The results of food inspection using the recommended standards shall, though not regarded as the basis for administrative law enforcement, be used as the basis for risk monitoring, food safety index measurement and overall food safety assessment.
Article 36 The administration for market regulation may apply simplified procedures, rapid testing and other methods to preliminary screening of food or edible agricultural products. If the preliminary screening result shows that the national safety standards for food or edible agricultural products are not complied with, further inspection shall be conducted. In case of any objection to the preliminary screening result, the screened party may apply for re-inspection within the time limit prescribed by the state. For the re-inspection, the procedures shall not be simplified, nor shall the rapid testing method be adopted.
If the preliminary screening result shows that the national safety standards for food or edible agricultural products are not complied with, and the business operator or owner of such food or edible agricultural product has no objection to such result before inspection and take the initiative to remove or destroy the batch in question, the administration for market regulation may, after supervising such removal or destruction , grant exemption from administrative punishment.
The specific measures for preliminary screening shall be formulated separately by the municipal administration for market regulation.
Article 37 The institution undertaking food inspection shall designate a qualified inspector for food inspection independently.
Such inspector shall respect science and observe professional ethics to ensure that the inspection data and conclusions issued are objective, fair, accurate and traceable, and that no false inspection reports are issued.
Article 38 The food inspection shall be subject to the food inspection institution and inspector responsibility system. All food inspection reports shall be stamped with the official seal of the food inspection institution with the signature or seal of the inspector. Both the food inspection institution and inspector shall be responsible for the food inspection reports issued.
Where any food inspection institution issues a false inspection report, causing damage to the legitimate rights and interests of consumers, it shall be held jointly and severally liable with the food producer or trader in question.
Article 39 The municipal administration for market regulation shall supervise and evaluate the institutions undertaking food inspection, and shall promptly deal with any defect in inspection capability or major inspection quality issue in accordance with the relevant provisions.
Article 40 If a food producer or business operator disagrees with the inspection conclusion issued by a food inspection institution, it may, within seven working days from the date of receipt thereof, submit an application for re-inspection to the administration for market regulation entrusted with the inspection or its superior administration for market regulation, and the administration accepting such application shall randomly determine the institution for re-inspection from the list of re-inspection institutions published by the state. The re-inspection institution shall not be the same as the initial inspection one.
The re-inspection conclusion issued by the re-inspection institution shall be conclusive. If the re-inspection conclusion is consistent or substantially consistent with the initial inspection conclusion, and the administrative resolution is not affected, the re-inspection costs shall be borne by the applicant.
Article 41 Any organization or individual, disagreeing with the food inspection data and conclusion published by the administration for market regulation, may put forward suggestions for review to the municipal administration for market regulation. If the municipal administration for market regulation deems it necessary to conduct a review after assessment, it shall re-entrust another qualified food inspection institution for such purpose in accordance with legal provisions and applicable food inspection standards. The review conclusion shall be published by the municipal administration for market regulation to the public.
Article 42 If the food fails to pass the inspection, the administration for market regulation shall order the food producer or trader in question to recall it. In case of refusal to recall or potential food safety accidents, the administration for market regulation shall perform confiscation or destruction in accordance with the law.
Section Three Routine Supervision
Article 43 The administration for market regulation shall reinforce on-site inspections of food producers and traders in their compliance with relevant national laws, regulations and these Regulations.
The administration for market regulation shall, in accordance with applicable food-related standards and labeling requirements, formulate work plans and job specification for on-site inspection, and specify inspection methods, contents and frequency thereof.
Article 44 The administration for market regulation shall, in conducting on-site inspections of food producers or traders, lay particular emphasis on the following matters and form written records:
(1) establishment and operation of food safety administration system;
(2) allocation and performance of food safety administrators;
(3) establishment and operation of food safety traceability system;
(4) production and operation environment;
(5) control of production and operation processes;
(6) employee health management;
(7) any other matters to be inspected in accordance with the law.
Article 45 The administration for market regulation shall particularly render supervision and administration to the following food producers and traders as the key objects of supervision:
(1) central kitchens, collective meal distribution entities, and group dining entities serving a large number of people;
(2) catering service units for major events;
(3) large and chain catering enterprises;
(4) catering service providers in tourist areas;
(5) founders of centralized trading markets and providers of third-party online food trading platforms;
(6) producers and traders of health-care food, formula food for special medical uses, formula food for infants and other staple or supplementary food and other special food for specific groups;
Article 46 The administration for market regulation may cause on-site inspection to food producers or traders either by appointing specialized staffs for food safety inspection and law enforcement or other relevant law enforcement officers, or by employing professional institutions to examine the implementation of the standards and specifications for production and operation environment and production process control. Any objection to the examination conclusion by a food producer or trader shall be verified by the administration for market regulation.
Article 47 If a food producer or trader falls under any of the following circumstances, the director of food safety or the specialized staff for food safety inspection and law enforcement specified by the same may initiate a responsibility inquiries with the person chiefly in charge and the food safety administrator:
(1) failing to establish a food safety administration system or, although established, to maintain its effective operation;
(2) failing to allocate food safety administrators for supervision and administration of food safety in accordance with the law;
(3) occurrence of food safety issues that may cause the spread of food safety risks;
(4) failing to solve, in a timely and proper manner, any food safety issue complained and reported, resulting in potential food safety hazards;
(5) failing to take effective measures to identify and eliminate potential food safety hazards in time;
(6) other circumstances as stipulated by laws and regulations.
Article 48 The responsibility inquiry shall include the following processes:
(1) informing the circumstance notified for examination or reported, and identify the existing food safety issue;
(2) acquiring relevant knowledge of production and operation, and listening to the explanations of the persons interviewed;
(3) giving warnings and admonitions, and putting forward rectification requirements.
The responsibility inquiries shall be kept in written record and signed by both parties.
Article 49 Within five working days from the date of the responsibility inquiry, the food producer or trader interviewed shall submit an undertaking of rectification to theadministration for market regulation.
The food producer or trader interviewed shall, within thirty days from the date of submitting the undertaking of rectification, report its rectification to the administration for market regulation. The administration for market regulation shall examine the implementation of the rectification made by the food producer and trader interviewed.
The responsibility inquiry will not impair the punishment of any illegal food safety acts of the food producer or trader interviewed by competent departments in accordance with the law.
Article 50 The municipal administration for market regulation shall establish food safety credit archives for food producers and traders, while recording, in a classified manner, relevant information in respect to licensing, inspection and testing, routine supervision and inspection results, and investigation and punishment of illegal acts, and keep the public informed of the updates in accordance with the law.
Under any of the following circumstances, the administration for market regulation shall include the involved food producers and traders, their legal representative, person chiefly in charge or relevant responsible person in a special list of food safety regulation, while adopting relevant restrictive measures or key monitoring measures in accordance with the law, and reporting to the competent departments and financial institutions:
(1) forging records in production, purchase and sale, where the circumstances are serious, or forging inspection reports or approval documents by state agencies;
(2) using non-food raw materials in the production of food, adding to food any chemicals other than food additives or other substances that may endanger human health, or using recycled food as raw materials in the production of food;
(3) producing or trading meat of poultry, livestock, beasts or aquatic animals died of disease, poisoning or unknown causes, or meat products thereof;
(4) producing or trading meat or meat products that fail to receive or pass the quarantine inspection in accordance with relevant regulations, and the circumstances are serious;
(5) producing or trading spoiled, expired, mixed with foreign matter, adulterated food, and the circumstances are serious;
(6) using expired food raw materials or food additives in the production of food or food additives, and the circumstances are serious;
(7) producing or trading food that uses food additives beyond a specified range or a limited quantity, thereby causing serious harm to human health;
(8) failing to cooperate in the responsibility inquiry for food safety, or to carry out effective rectification after the interview;
(9) committing serious illegal acts in the production or trading of food, together with suspension of production or business or revocation of the relevant license;
(10) being subject to criminal punishment for illegal and criminal acts related to food production or trading;
(11) engaging in any other serious illegal food safety act.
Any food producer or trader included in the special list of food safety regulation that is found to have committed any illegal act concerning food safety shall be given a heavier punishment.
Article 51 The administration for market regulation may, based on their credit records and the degree of safety risk of the food produced or traded, carry out grading and classifying supervision and administration over the food producers and traders. The specific measures shall be formulated separately by the municipal administration for market regulation.
In the event of grading and classifying supervision and administration, the administration for market regulation shall issue a bulletin board of corresponding grade of food safety to each food producer and trader. The food producer and trader shall, as required, make public the bulletin board in a prominent position on the premise of production or business.
The rating in grade and classification shall be fulfilled by entrusting a food and food-related trade association or any other third-party institution.
Article 52 The administration for market regulation may implement a cumulative score system for food producers and traders in violation of applicable food safety laws and regulations. If the cumulative score of a food producer or trader within a scoring cycle reaches the corresponding score threshold, its rated grade and classification shall be lowered. If it is rated as the lowest grade, its premise of production or business shall be sealed up. The specific measures shall be formulated separately by the municipal administration for market regulation.
Article 53 The municipal administration for market regulation will build a food safety index release system, to regularly collect, calculate and evaluate the food safety situation throughout the city and in each jurisdiction, and publicize it to the public.
Such food safety index shall reflect the following contents of food safety:
(1) the compliance of food and food-related products with relevant standards;
(2) the establishment and operation of food safety traceability system;
(3) the compliance of process control of food production and trading with relevant standards and specifications;
(4) the public satisfaction with food safety;
(5) the public opinion on food safety;
(6) other contents to be included.
Article 54 The municipal administration for market regulation shall develop a unified food safety information platform to collect food safety information, and make it public in accordance with relevant provisions.
Such food safety information platform shall make the following contents available to the public:
(1) administrative licensing;
(2) food inspection and supervisory sampling inspection;
(3) investigation and punishment of illegal acts;
(4) grading and classifying administration;
(5) credit archives of food producers and traders and special list of food safety supervision;
(6) rewarding information;
(7) food safety information to be disclosed and clarified;
(8) other food safety information as stipulated by laws and regulations.
Any failure to pass the food inspection and supervisory sampling inspection shall be announced simultaneously on the food safety information platform and made public in a timely manner through the major local media.
Section Four Emergency Management
Article 55 The municipal and district people's governments shall, in addition to formulating emergency plans for food safety accidents in accordance with relevant regulations, make provisions on grading of food safety accidents, accident response organization and command system and responsibility distribution, prevention and early warning mechanism, response procedures, emergency supporting measures, etc., and regularly hold emergency drills for food safety accidents.
Article 56 The municipal and district people's governments shall maintain monitoring and early warning of food safety accidents and strengthen the collection, analysis and judgment of food safety related information, while releasing in a timely manner the early warning information on the basis of the emergency degree and development trend of food safety accidents and degree of possible damage caused thereby.
Article 57 An enterprise engaged in food production or trading shall develop a response plan for food safety accidents, regularly check its implementation of all food safety related precautions, and eliminate potential accidents in time.
The administration for market regulation shall focus on the supervision, inspection and guidance in terms of the emergency response management of food producers and traders.
Article 58 A unit that has any food safety accident shall take immediate measures to prevent the accident from spreading. The accident unit and the medical institution receiving patients for treatment shall report to the administration for market regulation and the department of health in a timely manner, respectively.
Article 59 If departments of industry and information technology, health, urban management and comprehensive law enforcement discover or receive reports of food safety accidents in their routine supervision and administration, they shall take immediate measures to prevent the expansion, in addition to a prompt report to the administration for market regulation and the people's government at the same level.
Article 60 If a medical institution finds that a patient it receives is suffering from or suspected to be suffering from foodborne diseases, it shall, in accordance with relevant regulations, promptly report the case to the department of health. If the department of health considers it relevant to food safety, it shall promptly notify the administration for market regulation at the same level.
If the department of health, in investigating and responding to infectious diseases or other public health emergencies, discovers any food safety related information, it shall promptly notify the administration for market regulation at the same level.
Article 61 In the event of any food safety accident, suspected food safety accident or any emergency situation that may cause the same, the administration for market regulation shall, when necessary, seal up the facilities and places in question and order the suspension of production, purchase and sale of the relevant food or adopt any other temporary food safety control measures.
Upon occurrence of any food safety accident, in order to prevent the situation from escalating and with the approval of the municipal people's government, the relevant supervision and administration departments of food safety may take temporary food safety control measures such as removing, recalling and sealing up the similar food produced in the enterprises or regions in question.
The food producers and traders shall, immediately upon the receipt of the notice of the municipal people's government or the relevant supervision and administration departments of food safety concerning the temporary food safety control measures, take the relevant measures as required.
Article 62 When food safety risks, or the conditions and causes for taking temporary food safety control measures, are eliminated, the municipal people's government or the relevant supervision and administration departments of food safety shall lift such measures in a timely manner.
Article 63 The municipal people's government or the relevant supervision and administration departments of food safety shall promptly make public their decision to take or lift the temporary food safety control measures via the media such as radio, television, newspapers, magazines and the Internet.
Chapter Four Self-supervision by Food Producers and Traders
Section One Internal Supervision
Article 64 For food producers and traders, the legal representative or person chiefly in charge shall be the first responsible person for food safety, who shall be responsible for establishing and implementing an internal food safety supervision and administration system and take full responsibility for internal food safety.
Article 65 Food producers and traders shall employ food safety administrators or professional service organizations to perform the following duties:
(1) supervising the establishment and operation of internal food safety traceability system;
(2) identifying and recording potential food safety hazards in food production, transportation, storage and other process, stopping violations of food safety laws and regulations, and proposing improvement measures and supervising the implementation;
(3) reporting to the first responsible person any potential food safety hazard in the unit;
(4) cooperating with the administration for market regulation for supervision and inspection on internal food safety and providing truthful information;
(5) establishing self-inspection archives, recording food safety inspections and following up any processing results;
(6) organizing or assisting in organizing food safety training for internal employees;
(7) other duties as stipulated by laws and regulations.
If a professional service organization is employed for the supervision and inspection on internal food safety, a written agreement shall be concluded to clarify the specific duties of the job, and rights and obligations of both parties.
Article 66 For individual stalls selling edible agricultural products, small workshops for food production and processing and food stalls, their legal representative or person chiefly in charge may perform the duties of food safety administrator and implement the self-supervision and administration of food safety.
Article 67 A food safety administrator shall be equipped with professional knowledge and administration ability in food safety.
Food producers and traders shall emphasize the training and assessment of their food safety administrators. Those who are found in such assessment to lack professional knowledge and administration ability in food safety shall not be allowed to take up the post.
Theadministration for market regulation shall cause random supervision, spot check and assessment on the food safety administrators of enterprises and publicize the assessment results. No fees shall be charged for such random supervision, spot check and assessment.
Article 68 The food safety administrators shall participate in the business training organized by themunicipal administration for market regulation. No fees shall be charged for such training.
Themunicipal administration for market regulation may, by employing relevant trade associations or professional institutions, train the food safety administrators.
Article 69 Food producers and traders shall urge their food safety administrators to perform their duties in accordance with the law, and shall not incite, instruct or force them to conceal or forge any food safety supervision and administration information and records.
Article 70 Food producers and traders shall establish a food safety traceability system to record and keep incoming inspection data and other relevant information. Such record shall be authentic , accurate and complete.
Producers and traders engaged in health-care food, formula food for special medical uses, formula food for infants and other food included in the list of key food of supervision of the municipal administration for market regulation, shall establish and improve an internal electronic traceability system in accordance with the standards and specifications for electronic traceability of food.
Article 71 Large-scale or above food producers and traders shall comply with the requirements of Good Manufacturing Practice and implement a HACCP system, to improve their administration of food safety.
A food safety administrator shall supervise the implementation of HACCP system of the food producers or traders mentioned in the preceding paragraph in accordance with the requirements of GMP, and keep written records. In case of any failure to meet the requirements of GMP, or to implement a HACCP system, the administration for market regulation shall order corrections within a time limit.
Article 72 The following food producers and traders shall keep samples in accordance with the requirements of the national Food Safety Standard Operating Procedure for Catering Industry:
(1) central kitchens and group meal distribution entities;
(2) catering service units for major events;
(3) canteens in schools (including those in kindergarten units);
(4) canteens on construction sites serving more than 100 people;
(5) occasional dinner parties serving more than 100 people.
Article 73 A group dining entity that contracts for its internal canteens shall enter into a written agreement with the contractor to specify the job duties as well as the rights and obligations of both parties. The group dining entity shall strengthen its supervision and inspection and urge the contractor to implement relevant food safety management systems.
Article 74 Food producers and traders shall establish a food safety self-inspection system, and implement self-inspection of food safety at least twice a year according to their own production and trading characteristics, keeping written records. Such self-inspection shall include:
(1) implementation of laws, regulations, standards and specifications with respect to food safety;
(2) establishment and operation of food safety traceability system;
(3) compliance of employees with relevant operation specifications and food safety administration systems, and whether they have mastered food safety knowledge and production skills;
(4) employee health management;
(5) control of production and operation processes;
(6) availability and operation of facilities and equipment;
(7) compliance of the environment of production and trading with applicable standards and specifications;
(8) any potential food safety hazard and response to it.
The administration for market regulation may, in food safety supervision and inspection, require a food producer or trader to produce its self-inspection records.
Article 75 A food producer or trader listed as a key object of supervision, as set forth in Article 45 hereof, shall file with the food and drug administration where its premise of production or business is located with its self-inspection report signed by the first responsible person and the food safety administrator, by the end of December each year.
Article 76 A food producer or trader shall, immediately upon finding that its production and trading conditions change and thereby the applicable food safety requirements are no longer met, adopt corrective measures. In case of any potential risk of a food safety accident, its food production and trading activities shall be suspended immediately and a report shall be submitted to the food and drug administration where the premise of production or business is located.
Article 77 The food safety administrator shall, upon identifying any of following potential food safety hazards that may cause food safety accidents, report to the first responsible person in addition to the food and drug administration where the premise of production or business is located:
(1) large quantities of corrupt or spoiled food are not destroyed or used for production, processing and sale;
(2) food produced or traded causes food poisoning;
(3) the premise of production or business has a bad environment and poor sanitary conditions;
(4) other matters that may cause a food safety accident.
Section Two Supervision over Centralized Trading
Article 78 Founders of centralized trading markets and providers of third-party online food trading platforms shall sign a responsibility agreement for food safety administration with food producers and traders in the markets or on the platforms, to specify all responsibilities for food safety administration of both sides.
Such responsibility agreement shall stipulate the method of handling, the time limit and the person responsible for the food that is found not to conform to the national food safety standards by sampling inspection.
Food producers and traders entering the centralized trading markets are encouraged to publicize information such as food source and quality conformance.
Article 79 Founders of centralized trading markets and providers of third-party online food trading platforms shall set up a food safety administrator to supervise the food producers and traders in the markets or on the platforms, while performing the following duties:
(1) examining the licenses, business licenses and relevant certificates of food producers and traders in the markets or on the platforms in accordance with the law;
(2) making available to the public food safety related information;
(3) dealing with complaints from consumers on food safety;
(4) promptly reporting the administration for market regulation upon finding any food that does not conform to the national food safety standards;
(5) cooperating with the administration for market regulation in supervision and management;
(6) other duties of food safety supervision and administration.
Article 80 The food that is found by sampling inspection not to conform to the national food safety standards may not be sold locally, and the relevant founders of centralized trading markets and providers of third-party online food trading platforms shall immediately stop providing relevant transaction services.
Article 81 Where a third-party online food trading platform provider sets up a local branch for relevant business, or a local food producer or trader wishes to set up an online food trading platform, a record-filing shall be made with the municipal administration for market regulation.
Article 82 Where a food producer or trader, in violation of any law or regulation of food safety, causes any damage to the legitimate rights and interests of a consumer, which falls under any of the following circumstances, the relevant founder of centralized trading market or provider of third-party online food trading platform shall pay compensation to the consumer in advance in accordance with the responsibility agreement on food safety administration and relevant provisions:
(1) such consumer pay for the food through the founder of centralized trading market or provider of third-party online food trading platform;
(2) such consumer is unable to recover compensation due to the intentional delay in handling, unreasonable refusal to compensate or withdrawal from the market or platform by the responsible food producer or trader.
After that, such founder of centralized trading market or provider of third-party online food trading platform shall be entitled to claim compensation from the relevant food producer or trader in accordance with the law.
Section Three Supervision by Trade Associations
Article 83 Food and food-related trade associations shall, in accordance with the provisions of laws, regulations and the articles of association, carry out industry self-regulation, establish industry codes of conduct for food safety, disciplinary system, credit files, industrial risk prevention and control and other industrial administration systems, and guide member units to establish and improve their own food safety supervision and administration systems.
Article 84 Food and food-related trade associations are encouraged to engage in the following activities:
(1) organizing leaders of their member units, food safety administrators and other relevant persons to participate in business training and professional ethics education on food safety;
(2) organizing the implementation of relevant food inspections and testing, and publishing the food safety risk report of the industry to the member units;
(3) assisting and guiding member units to establish and improve food safety traceability systems according to industry characteristics;
(4) promoting the implementation of GMP and a HACCP system in the production and operation management of member units;
(5) participating in the formulation of relevant Shenzhen food standards, organizing the formulation of food-related group standards, guiding and assisting member units to formulate food-related enterprise standards, and assisting in supervision of the implementation of said standards;
(6) organizing food safety risk communication activities in the industry.
The administration for market regulation may, together with other relevant departments, provide support to the food and food-related trade associations in carrying out the activities specified in the preceding paragraph by means of purchasing services and providing guidance.
Article 85 Food and food-related trade associations may accept complaints from consumers against, and inspect the food production and trading activities of, its member units. They may circulate a notice of criticism and publicly criticize any behavior that violates food safety laws, regulations or professional ethics, and transfer any case requiring administrative punishment to the relevant supervision and administration departments of food safety in accordance with the law.
Chapter V Social Supervision and Other Provisions
Article 86 Consumers' rights and interests shall be protected by law when they buy food for their daily needs. Where a consumer requests return or compensation for food with safety issues, the responsible food producers or traders shall be held civilly liable in accordance with the law.
Article 87 Food producers and traders shall establish consumer complaint handling systems, with full-time or part-time staffs to accept consumer complaints.
Article 88 The municipal administration for market regulation shall establish and improve an information management system for complaints and reports, and summarize, screen, analyze and handle the complaints, opinions and suggestions collected.
In case of a consumer's real-name reporting and request for a reply, the municipal administration for market regulation shall give a reply in accordance with the relevant provisions.
Article 89 Where the legitimate rights and interests of consumers are harmed or may be harmed due to food safety issues, the municipal or district consumer committees shall have the right to request the responsible food producers or traders to cooperate with the investigation and provide relevant information and materials, and to consult such food producers or traders and relevant food and food-related trade associations by letters.
The food producers or traders shall give a written reply within ten working days from the date of receiving the letter of inquiry, and the food and food-related trade associations shall do so in twenty working days.
Article 90 Where any food producer or trader, or food and food-related trade association, falls under any of the following circumstances, the municipal or district consumer committees may render a public censure:
(1) failing to respond to the letters within the time limit;
(2) assuming the main responsibility for the food safety accident occurred;
(3) violating food safety laws and regulations and seriously harming the legitimate rights and interests of consumers.
Article 91 Where any food producer or trader infringes upon the legitimate rights and interests of a large number of consumers, the municipal consumer committees may file a public interest lawsuit with the people's court.
Article 92 The municipal and district consumer committees may organize food safety comparative tests, implement food consumption investigations, publish complaint cases, issue food safety risk tips according to the opinions of theadministration for market regulation.
The municipal and district consumer committees may issue reports on food consumption safety to the society.
Article 93 The municipal and district consumer committees may organize and carry out food safety education, and cooperate with the municipal administration for market regulation in routine supervision, standard setting, risk communication, etc.
Article 94 Radio, television, newspapers, the Internet and other media may publicly report the illegal acts of food producers and traders.
The media shall report food safety issues in an objective, fair, comprehensive and accurate manner, and play the role of guidance and supervision of public opinion.
When the relevant media inquire of a food producer or trader about the following food safety matters, the food producer or trader shall give appropriate replies:
(1) commercial registration and production and business license information;
(2) certificate of origin, certificate of import and certificate of inspection;
(3) standards applied in the production and trading of food;
(4) the engagement of food safety administrator or professional service organization in internal food safety supervision and administration;
(5) other matters to be disclosed to the public in accordance with the law.
The relevant supervision and administration departments of food safety may, in law enforcement activities that do not involve trade secrets or personal privacy, invite the media for publicity and reports.
Article 95 The municipal administration for market regulation shall set up a food safety advisory committee, composed of experts in food, public health, clinical medicine, environmental ecology, quarantine and epidemic prevention, nutrition, journalism and communication, law, sociology, psychology and other related fields, as well as trade associations, technical institutions, scientific research institutes, consumer committees, news media and representatives of the citizens, to perform the following duties:
(1) providing advice on formulating and revising food safety regulations, rules, policies and standards, and publishing food safety indexes;
(2) focusing on food safety trends, tracking and analyzing hot public opinions and emergencies of food safety, and providing suggestions for the food and drug safety committees;
(3) carrying out special studies on food safety;
(4) organizing or participating in exchanges of food safety risk;
(5) organizing or participating in knowledge publicity activities of food safety.
Article 96 Volunteer organizations and volunteers shall be encouraged and supported to engage in the following supervision activities of food safety:
(1) providing publicity and education in food safety;
(2) reporting food safety violations;
(3) offering opinions and suggestions on food safety work.
The administration for market regulation shall provide guidance and support to volunteer organizations and volunteers in such supervision activities of food safety. The specific measures shall be formulated separately by the municipal administration for market regulation.
Article 97 The administration for market regulation and relevant consumer committees, when accepting complaints and reports on food safety issues, may terminate the investigation and include relevant clues into the scope of food safety risk monitoring upon discovering that the complainant exceeds a reasonable range in consumption or takes claims for compensation or rewards as his/her main source of income. Except for those that may cause food safety accidents or are suspected of committing crimes.
Article 98 Where a people's court or a people's procuratorate issues a judicial advise to the relevant supervision and administration department for food safety, the responsible food producer or trader and other relevant units on the food safety issues found in the handling of a case, the accepting units shall carefully study and deal with the case and keep the people's court and the people's procuratorate informed of the progress thereof.
The judicial advise and reply shall be copied to the administration for market regulation, and incorporated into the food safety information platform for public disclosure.
Article 99 Where any food producer or trader, in violation of food safety laws or regulations, causes the public interests to be infringed upon, the people's procuratorate may file a public interest lawsuit in accordance with the law, or support the municipal consumer committees and other social organizations as stipulated by law to do so.
Chapter Six Legal Liability
Article 100 If the municipal or district people's government commits any of the following acts, its officer directly in charge and other persons directly responsible shall be given a disciplinary warning, demerit recording or serious demerit recording. If serious consequences are caused, a punishment of demotion or removal from office shall be given:
(1) failing to determine the responsibilities of food safety supervision and administration of relevant departments in accordance with the law, to establish and improve the working mechanism of whole-process supervision and administration of food safety and the information sharing mechanism, or to implement the responsibility system of food safety supervision and administration;
(2) failing to develop emergency plans for food safety accidents in their respective administrative areas in accordance with the law, or to establish a command organization for accident response and launch the emergency plans as required immediately after a food safety accident occurs;
(3) failing to adopt or lift temporary food safety control measures in accordance with the law;
(4) the food and drug safety committees fail to perform relevant duties in accordance with these Regulations.
Article 101 If a relevant supervision and administration department of food safety commit any of the following acts, its officer directly in charge and other persons directly responsible shall be given a punishment of serious demerit recording, demotion or removal from office in relatively serious cases, or dismissal in serious cases. If serious consequences are caused, the persons chiefly held responsible shall resign to assume the responsibility.
(1) concealing, falsely reporting or delaying the report of a food safety accident;
(2) failing to investigate and handle food safety accidents as required, or to promptly handle reports of food safety accidents upon receipt, thereby causing the escalating or spread of the accident;
(3) failing to take appropriate measures in time after concluding that any food, food additives and food-related products are unsafe after food safety risk assessment, thereby causing a food safety accident or adverse social impact;
(4) granting a license to an applicant who does not meet the requirements, or granting a license beyond the statutory powers;
(5) failing to perform the duties of food safety supervision and administration, causing a food safety accident.
Article 102 If a relevant supervision and administration department of food safety commits any of the following acts and thereby causes adverse consequences, its officer directly in charge and other persons directly responsible shall be given a disciplinary warning, demerit recording or serious demerit recording, or demotion or removal from office in relatively serious cases, or dismissal in serious cases;
(1) failing to report to the competent department at the higher level and the people's government at the same level or to communicate with each other in accordance with the provisions, after being informed of relevant food safety information;
(2) failing to publish any food safety information as required;
(3) carrying out food inspections in violation of laws and regulations, leading to inaccurate data and conclusions;
(4) failing to adopt or lift temporary food safety control measures in accordance with the law;
(5) failing to perform the statutory duties, to cooperate in investigating and handling illegal acts related to food safety, or committing misuse of authority, misconduct in office or illegalities for personal gains.
Article 103 If, in the course of performing its duties, a relevant supervision and administration department of food safety illegally implements inspection, administrative enforcement and other measures, causing losses to food producers or traders, it shall make compensation and punish the officer directly in charge and other persons directly responsible in accordance with the law.
Article 104 If a food producer or trader produces or sells a food that fails to meet the standard declared publicly by it but meets the national standard for food safety, the administration for market regulation shall order it to make corrections within a time limit and give it a warning. In the event of refusal to make corrections or continuous failure to meet the standard declared publicly by it after expiry of the time limit, a fine of 10,000 yuan shall be imposed in case of the value of the goods less than 10,000 yuan, or a fine of three times the value of the goods shall be imposed in case of more than 10,000 yuan.
Article 105 If a food producer or trader, in violation of Article 51(2) of these Regulations, fails to make public a bulletin board of its corresponding grade of food safety in a prominent position on the premise of production or business as required, the administration for market regulation shall order it to make corrections. In the event of refusal to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 106 If a food inspection institution falls under any of the following circumstances, in addition to a punishment in accordance with the law, the administration for market regulation shall publicize such illegal act to the public and not entrust such institution with the task of sampling inspection in five years:
(1) illegally replacing samples, falsifying inspection data or issuing false inspection reports;
(2) making use of the convenience of sampling inspection to seek improper profits;
(3) informing the sampled food producer or trader in advance in violation of relevant regulations;
(4) failing to report the test conclusion in accordance with the prescribed schedule or procedure without a proper reason;
(5) engaging in any other serious illegal act.
Article 107 Where a food producer or trader, in violation of Article 61 of these Regulations, fails to take relevant measures in accordance with the requirements mentioned in the notice, it shall be ordered to make corrections immediately and given a warning by the administration for market regulation. In the event of refusal to make corrections, a fine of 50,000 yuan up to 100,000 yuan shall be imposed in case of the value of the goods less than 10,000 yuan, or a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed in case of more than 10,000 yuan. If the circumstances are serious, its license shall be revoked.
Article 108 Where a food producer or trader, except individual stalls selling edible agricultural products, small workshops for food production and processing and food stalls, in violation of the provisions of Article 65(1) of these Regulations, fails to employ a food safety administrator or a professional service organization for internal supervision and administration of food safety, the administration for market regulation shall order it to make corrections and give it a warning. In the event of refusal to make corrections, it shall be order to suspend production or business.
Where the food producer or trader mentioned in the preceding paragraph, in violation of the provisions of Article 67(1) of these Regulations, employs a food safety administrator who does not have professional knowledge and administration ability related to food safety, the administration for market regulation shall order it to make corrections and give it a warning. In the event of refusal to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend production or business.
Article 109 Where a food producer or trader, in violation of Article 70 of these Regulations, falls under any of the following circumstances, the administration for market regulation shall order it to make corrections and give it a warning. In the event of refusal to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend production or business or even revoke its license:
(1) the food producer or trader fails to establish a food safety traceability system in accordance with the law, or the traceability system fails to operate normally;
(2) the producer or trader of such food as included in the list of key food of supervision of the municipal administration for market regulation fails to establish and improve an internal electronic traceability system in accordance with the standards and specifications for electronic traceability of food.
Article 110 Where a food producer or trader, in violation of Article 72 of these Regulations, fails to keep samples as required, the administration for market regulation shall order it to make corrections and give it a warning. In the event of refusal to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend production or business or even revoke its license.
Article 111 Where a food producer or trader, in violation of Article 74(1) of these Regulations, fails to implement, and record in writing, the self-inspection of food safety, the administration for market regulation shall order it to make corrections and give it a warning. In the event of refusal to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend production or business.
Article 112 Where a food producer or trader, in violation of Article 75 of these Regulations, fails to file with the food and drug administration where its premise of production or business is located its annual self-inspection report, the administration for market regulation shall order it to make corrections and give it a warning. In case of refusal to make corrections, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend production or business.
Article 113 Where a food producer or trader, in violation of Article 76 of these Regulations and after discovering that the production and trading conditions no longer meet the requirements for food safety or that there is a potential risk of food safety accidents, fails to take relevant measures in time, the administration for market regulation shall order it to make corrections and give it a warning. In case of refusal to make corrections, it shall be ordered to suspend production or business. If the circumstances are serious, its license shall be revoked.
Article 114 Where a third-party online food trading platform provider with a local branch office or a local food producer or trader with a self-established online food trading platform fails to be filed with in accordance with the provisions of Article 81 hereof, the municipal administration for market regulation shall order it to make corrections and give a warning. In case of refusal to correct, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 115 Where a food producer or trader is in violation of any food safety law or regulation and is thereby fined, the administration for market regulation shall simultaneously impose a fine of ten percent up to twenty percent of the fine on the first responsible person.
Article 116 Where a food safety administrator, in violation of Article 77 of these Regulations, fails to report any major food safety hazard to the food and drug administration where the premise of production or business is located, and thereby a food safety accident is caused, the administration for market regulation shall impose a fine on the responsible food safety administrator at a rate of not less than five percent but not more than ten percent of the fine imposed to the applicable food producer or trader.
Chapter Seven Supplementary Provisions
Article 117 The meanings of the following terms used in these Regulations:
(1) food producers and/or traders shall include enterprises in food production, processing, transportation, storage, sales and catering services, founders of centralized trading markets, providers of third-party online food trading platforms, small workshops for food production and processing, food stalls and individual stalls selling edible agricultural products.
(2) a group dining entity shall refer to authorities, enterprises, public institutions, social organizations, schools, child-care institutions, social welfare institutions, construction sites and other entities that provide dining services for internal personnel.
Article 118 Where the administration of small workshops for food production and processing and food stalls is not included in these Regulations, the Regulations of Guangdong Province on the Administration of Small Workshops for Food Production and Processing and Food Stalls shall apply.
Article 119 Specific measures to be separately formulated by the municipal administration for market regulation as mentioned in these Regulations shall be completed within six months from the date of implementation hereof.
Article 120 Where these Regulations provide for fines and penalties, the municipal administration for market regulation shall, within six months from the date of the implementation hereof, formulate specific standards of implementation on the range of fines as provided for herein.
Article 121 These Regulations shall enter into force as of May 1st, 2018.
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