Special Provisions of the State Council on Strengthening the Supervision and Administration of Food and Other Products

Article 1   These Provisions are formulated in order to strengthen the supervision and administration of food and other products safety, further clarify the responsibilities of producers and operators, supervision and administration departments and local people's governments, strengthen the coordination and cooperation of various supervision and administration departments, and ensure human health and life safety.

Article 2   In addition to food, the products referred to in these Provisions also include edible agricultural products, medicines and other products related to human health and life safety.

For the supervision and management of product safety, if there are laws and regulations, the laws and regulations shall apply; Where there are no provisions or unclear provisions in the law, these Provisions shall apply.

Article 3   The producers and business operators shall be responsible for the safety of the products they produce and sell, and shall not produce or sell products that do not meet the statutory requirements.

Where the production and sale of products in accordance with the provisions of laws and administrative regulations require a license or certification, the production and business operations shall be carried out in accordance with the statutory conditions and requirements. For those who do not engage in production and business operations in accordance with the legal conditions and requirements or produce and sell products that do not meet the legal requirements, the agricultural, health, quality inspection, commercial, industrial and commercial, pharmaceutical and other regulatory departments shall confiscate the illegal income, products, tools, equipment, raw materials and other articles used for illegal production according to their respective duties, and impose a fine of 50000 yuan if the value of the goods is less than 5000 yuan; If the value of goods is more than 5000 yuan but less than 10000 yuan, a fine of 100000 yuan shall be imposed; If the value of the goods is more than 10000 yuan, a fine of 10 times but less than 20 times the value of the goods shall also be imposed; If serious consequences are caused, the original license issuing department shall revoke the license; If the case constitutes a crime of illegal business operation or a crime of producing or selling fake or substandard commodities, criminal responsibility shall be investigated according to law.

Where a producer or business operator no longer meets the statutory conditions and requirements and continues to engage in production and business operations, the original license issuing department shall revoke its license, and the list of producers or business operators whose licenses have been revoked shall be announced on the local major media; If the case constitutes a crime of illegal business operation or a crime of producing or selling fake or substandard commodities, criminal responsibility shall be investigated according to law.

For those who should have obtained a license but did not obtain a license to engage in production and business activities according to law, the agricultural, health, quality inspection, commercial, industrial and commercial, pharmaceutical and other regulatory departments shall, according to their respective duties, confiscate the illegal income, products, tools, equipment, raw materials and other articles used for illegal production, and impose a fine of 100000 yuan if the value of the goods is less than 10000 yuan; If the value of the goods is more than 10000 yuan, a fine of 10 times but less than 20 times the value of the goods shall also be imposed; If the case constitutes a crime of illegal business operation, criminal responsibility shall be investigated according to law.

The relevant trade associations shall strengthen the self-discipline of the industry and supervise the production and operation activities of the producers and operators; Strengthen the popularization and publicity of public health knowledge, and guide consumers to choose products produced and sold by legal producers and operators and products with legal labels.

Article 4   The raw materials, auxiliary materials, additives and agricultural inputs used by producers in the production of products shall conform to the provisions of laws, administrative regulations and national mandatory standards.

In case of illegal use of raw materials, auxiliary materials, additives and agricultural inputs in violation of the provisions of the preceding paragraph, the agricultural, health, quality inspection, commercial, pharmaceutical and other regulatory departments shall confiscate the illegal income according to their respective duties. If the value of the goods is less than 5000 yuan, a fine of 20000 yuan shall be imposed concurrently; If the value of goods is more than 5000 yuan but less than 10000 yuan, a fine of 50000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of more than 5 times but less than 10 times the value of the goods shall also be imposed; If serious consequences are caused, the original license issuing department shall revoke the license; If the case constitutes a crime of producing or selling fake or substandard commodities, criminal responsibility shall be investigated according to law.

Article 5   The seller must establish and implement the purchase inspection and acceptance system, verify the business qualification of the supplier, verify the product qualification certificate and product identification, establish the product purchase account, and truthfully record the product name, specification, quantity, supplier and its contact information, purchase time, etc. A sales enterprise engaged in the wholesale business of products shall establish a product sales account to truthfully record the varieties, specifications, quantity, flow direction and other contents of the wholesale products. A production enterprise that sells self-made products at a centralized product trading place shall perform the obligation of establishing a product sales account in accordance with the provisions of the sales enterprises engaged in the wholesale business of products. The storage period of purchase account and sales account shall not be less than 2 years. The seller shall ask the supplier for the inspection report issued by the inspection agency that meets the legal conditions or the copy of the inspection report signed or sealed by the supplier according to the product production batch; Products that cannot provide inspection reports or copies of inspection reports shall not be sold.

Those who violate the provisions of the preceding paragraph shall be ordered by the industry and commerce and drug regulatory departments to stop selling according to their respective duties; If the seller fails to provide the inspection report or the copy of the inspection report to sell the products, the illegal income and the products illegally sold shall be confiscated, and a fine of three times the value of the goods shall be imposed; If serious consequences are caused, the original license issuing department shall revoke the license.

Article 6   Enterprises establishing centralized product trading markets, enterprises leasing product trading counters, and enterprises holding product fairs shall examine the business qualifications of the entry sellers, clarify the responsibility of the entry sellers for product safety management, and regularly inspect whether the entry sellers' business environment, conditions, internal safety management systems, and products meet the statutory requirements, Where it is found that the sales of products do not meet the statutory requirements or other illegal acts, it shall stop them in a timely manner and immediately report to the local administrative department for industry and commerce.

Those who violate the provisions of the preceding paragraph shall be fined not less than 1000 yuan but not more than 50000 yuan by the administrative department for industry and commerce; If the circumstances are serious, it shall be ordered to suspend business for rectification; If serious consequences are caused, the business license shall be revoked.

Article 7   The producers and operators of export products shall ensure that their export products meet the standards or contractual requirements of the importing country (region). If the law requires that the products must be inspected before they can be exported, they shall be inspected and qualified by an organization that complies with the law.

The inspectors of export products shall conduct inspection in accordance with the provisions of laws, administrative regulations and relevant standards, procedures and methods, and shall be responsible for the inspection certificates issued by them.

The entry-exit inspection and quarantine institution and the commerce, drug and other supervision and administration departments shall establish good records and bad records of the manufacturers and operators of export products and publish them. The inspection and quarantine procedures shall be simplified for producers and operators of export products with good records.

Where producers and operators of export products evade product inspection or engage in fraud, the entry-exit inspection and quarantine institution and the drug regulatory department shall, according to their respective duties, confiscate the illegal income and products and impose a fine of three times the value of the goods; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 8   Imported products shall meet the mandatory requirements of China's national technical specifications and the inspection requirements stipulated in the agreements signed between China and the exporting countries (regions).

The quality inspection and drug supervision and administration departments shall, according to the integrity and quality management level of the manufacturers and operators and the results of the risk assessment of imported products, implement classified management of imported products and record management of the consignee of imported products. The consignee of imported products shall truthfully record the flow direction of imported products. The retention period of records shall not be less than 2 years.

When the quality inspection and drug supervision and administration departments find that the products do not meet the statutory requirements, they may include the purchasers, inspection applicants and agents of the products that do not meet the statutory requirements in the list of bad records. Where the purchaser or seller of imported products practices fraud, the quality inspection and drug regulatory departments shall, according to their respective duties, confiscate the illegal income and products and impose a fine of three times the value of the goods; If a crime is constituted, criminal responsibility shall be investigated according to law. Where an applicant or agent for inspection of imported products practices fraud, the qualification for inspection application shall be revoked and a fine equal to the value of the goods shall be imposed.

Article 9   Where a production enterprise discovers that the products it produces have potential safety hazards that may cause harm to human health and life safety, it shall publish relevant information to the public, notify the sellers to stop selling, inform consumers to stop using, voluntarily recall the products, and report to the relevant supervision and administration departments; The seller shall immediately stop selling the product. Where a seller finds that the products it sells have potential safety hazards that may cause harm to human health and life safety, it shall immediately stop selling the products, notify the manufacturer or supplier, and report to the relevant supervision and management department.

Where a production enterprise or a seller fails to perform the obligations specified in the preceding paragraph, the agricultural, health, quality inspection, commercial, industrial and commercial, pharmaceutical and other supervisory and administrative departments shall, according to their respective duties, order the production enterprise to recall its products and the seller to stop selling, impose a fine of three times the value of the goods on the production enterprise, and impose a fine of not less than 1000 yuan but not more than 50000 yuan on the seller; If serious consequences are caused, the original license issuing department shall revoke the license.

Article 10   The local people's governments at or above the county level shall incorporate the supervision and administration of product safety into the assessment objectives of government work, take overall responsibility for the supervision and administration of product safety within their respective administrative regions, uniformly lead and coordinate the supervision and administration within their respective administrative regions, establish and improve the coordination mechanism of supervision and administration, and strengthen the coordination and supervision of administrative law enforcement; Uniformly lead and command the response to product safety emergencies, and organize the investigation and treatment of product safety accidents according to law; Establish a supervision and management responsibility system to evaluate and assess each supervision and management department. The quality inspection, industry and commerce, and pharmaceutical supervision and administration departments shall, under the unified coordination of the local people's governments at the same level, do a good job in the supervision and administration of product safety according to law.

Where a local people's government at or above the county level fails to perform its duties of leadership and coordination in the supervision and administration of product safety, and product safety accidents occur many times a year in its administrative area, causing serious social impact, the supervisory organ or the appointment and removal organ shall give the main person in charge of the government and the directly responsible person in charge a sanction of recording a major demerit, demoting or removing from office.

Article 11   The quality inspection, health, agriculture and other competent departments under the State Council shall, within the scope of their respective functions and responsibilities, formulate, modify or draft relevant national standards as soon as possible, and accelerate the establishment of a product standard system that is under unified management, coordinated and matched, practical, scientific and reasonable.

Article 12   The people's governments at or above the county level and their departments shall, when exercising supervision and administration over product safety, perform their duties in accordance with the statutory limits of authority and procedures, and be open, fair and impartial. For the same illegal act of producers and operators, no administrative penalty of fine for more than two times shall be imposed; If it is suspected of constituting a crime and criminal responsibility needs to be investigated according to law, it shall be transferred to the public security organ in accordance with the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs.

The supervision and administration departments of agriculture, health, quality inspection, commerce, industry and commerce, and pharmaceuticals shall, according to their respective duties, supervise and inspect the producers and operators, and record their compliance with mandatory standards and statutory requirements, which shall be filed after being signed by the supervision and inspection personnel. The supervision and inspection records shall be used as the content of the regular assessment of the persons directly in charge. The public has the right to consult the supervision and inspection records.

Article 13   In any of the following circumstances, the agricultural, health, quality inspection, commercial, industrial and commercial, pharmaceutical and other regulatory departments shall, in accordance with their respective functions and duties, take measures to correct the illegal acts, prevent or reduce the occurrence of harm, and punish them in accordance with these Provisions:

（1） Engaging in production and business activities without obtaining a license that should be obtained according to law;

（2） Failing to engage in production and business activities according to legal conditions and requirements or producing and selling products that do not meet legal requirements after obtaining a license or having been certified;

（3） The producers and business operators no longer meet the legal requirements to continue to engage in production and business activities;

（4） Producers who do not use raw materials, auxiliary materials, additives or agricultural inputs in accordance with the provisions of laws, administrative regulations and national mandatory standards in the production of products;

（5） The seller fails to establish and implement the purchase inspection and acceptance system and establish the product purchase account;

（6） Production enterprises and sellers fail to perform their obligations under these Provisions when they find that the products they produce and sell have potential safety hazards that may cause damage to human health and life safety;

（7） Producers and operators violate laws, administrative regulations and other relevant provisions of these Provisions.

If a supervisory and administrative department in charge of agriculture, health, quality inspection, commerce, industry and commerce, or pharmaceuticals fails to perform its duties as prescribed in the preceding paragraph and causes consequences, the supervisory organ or the appointment and removal organ shall record a major demerit or demote its principal responsible person, the person in charge directly responsible, and other persons directly responsible; If serious consequences are caused, the principal responsible person, the person in charge directly responsible and other persons directly responsible shall be dismissed or dismissed; If the principal responsible person, the person in charge directly responsible and other persons directly responsible constitute a crime of dereliction of duty, they shall be investigated for criminal responsibility according to law.

In case of abuse of power or other dereliction of duty in violation of these Provisions, the supervisory organ or the appointing and removing organ shall give a sanction of recording a demerit or a major demerit to the principal person in charge, the person directly in charge and other persons directly responsible; If serious consequences are caused, the principal responsible person, the person in charge directly responsible and other persons directly responsible shall be demoted or dismissed from their posts; If the principal responsible person, the person in charge directly responsible and other persons directly responsible constitute a crime of dereliction of duty, they shall be investigated for criminal responsibility according to law.

Article 14   Where the agricultural, health, quality inspection, commercial, industrial and commercial, pharmaceutical and other supervisory and administrative departments find that the acts in violation of these Provisions are the responsibility of other supervisory and administrative departments, they shall immediately notify them in writing and transfer them to the competent supervisory and administrative departments for handling. The competent department shall deal with it immediately and shall not shirk responsibility; If the consequences are caused by failure to deal with the matter immediately or by evading responsibility, the supervisory organ or the appointing and removing organ shall give a record of a major demerit or demotion to the principal responsible person, the person in charge who is directly responsible, and other persons who are directly responsible.

Article 15   The supervision and administration departments of agriculture, health, quality inspection, commerce, industry and commerce, and pharmaceuticals shall perform their respective duties of product safety supervision and administration, and shall have the following functions and powers:

（1） Entering the production and business premises for on-site inspection;

（2） Look up, copy, seal up and detain relevant contracts, bills, account books and other relevant materials;

（3） Seize and detain products that do not meet legal requirements, raw materials, auxiliary materials, additives, agricultural inputs used illegally, and tools and equipment used for illegal production;

（4） Seal up production and business sites with major hidden dangers endangering human health and life safety.

Article 16   The supervision and administration departments of agriculture, health, quality inspection, commerce, industry and commerce, and pharmaceuticals shall establish a system for recording the illegal acts of producers and operators, and record and publish the information about the illegal acts; The license of a producer or business operator who has repeatedly committed illegal acts shall be revoked.

Article 17   Where an inspection and testing institution issues a false inspection report and causes serious consequences, its qualification for inspection and testing shall be revoked by the department that granted its qualification; If a crime is constituted, the persons directly in charge and other persons directly responsible shall be investigated for criminal responsibility according to law.

Article 18   In the event of a product safety accident or any other product safety event that has a serious impact on society, the agricultural, health, quality inspection, commercial, industrial and commercial, pharmaceutical and other supervisory and administrative departments must, within the scope of their respective duties, respond in a timely manner, take measures to control the development of the situation, reduce losses, release information in accordance with the provisions of the State Council, and do a good job in dealing with the aftermath.

Article 19   Any organization or individual shall have the right to report any act in violation of these Provisions. The department receiving the report shall keep confidential for the informant. If the report is found to be true after investigation, the department that accepts the report shall reward the informant.

The supervision and administration departments of agriculture, health, quality inspection, commerce, industry and commerce, and pharmaceuticals shall publish their e-mail addresses or reporting telephone numbers; The reports received shall be recorded in a timely and complete manner and properly kept. If the matter reported belongs to the responsibility of the department, it shall be accepted, verified, handled and replied according to law; If it is not the responsibility of the department, it shall be transferred to the department that has the authority to deal with it, and the informer shall be informed.

Article 20   These Provisions shall come into force as of the date of promulgation.