Provisions on the investigation and punishment of food labeling violations

Article 1 In order to strengthen the supervision and management of food labels, protect the interests of consumers and safeguard the legitimate rights and interests of food producers and sellers, these Provisions are formulated in accordance with the Standardization Law of People's Republic of China (PRC) and the Product Quality Law of People's Republic of China (PRC). Article 2 The labels of prepackaged foods produced or sold in People's Republic of China (PRC) must comply with the mandatory national standards, General Standards for Food Labeling (GB77 18), Labeling Standards for Beverage and Wine (GB 10344) and Labeling of Special Nutritional Foods (GN 13432), and the food labels do not comply with the above provisions. Article 3 In case of any of the following circumstances, the prepackaged foods label shall be corrected within a time limit: if it is not corrected within the time limit, it shall be ordered to stop production and sales, and a fine of 654.38+10,000 yuan or 10% of the value of this batch of food may be imposed:

(1) The food label shall be marked with the words "no quality grade, product standard number and" irradiated food "(food treated by ionizing radiation or ionizing energy);

(2) The contents of the items marked on the food label are complete, but they do not conform to the four basic principles stipulated in the General Specification for Food Labeling (Note 1);

(three) the food label does not meet one of the six basic requirements stipulated in the General Specification for Food Labeling (Note 2). Article 4 In any of the following circumstances, the prepackaged foods label shall be corrected within a time limit, and informed criticism shall be made; If it fails to make corrections within the time limit, it shall be ordered to stop production and sales, and a fine of 65438+ 10,000 yuan to 3,000 yuan or a fine of 15% of the value of this batch of food may be imposed:

(1) The food label lacks the name, net content and solid content of the food, the name and address of the producer (sub-packer), the date of production (sub-packer), the ingredient list that should be marked but not marked, and the shelf life or shelf life;

(2) The label of special nutritious food lacks any one of the food name, ingredient list, calorie, nutritional components, net content, name and address of producer, production date, shelf life and storage period, and eating method;

(3) The labels of drinks, wines and foods lack any one of wine name, ingredient list, alcohol content, net content, producer's name and address, production date, original juice quantity, shelf life, product type or sugar content that should be marked but not marked;

(4) The labels of imported prepackaged foods entering the circulation field lack the Chinese food name, net content, country or region of origin (Hongkong, Macau and Taiwan Province Province), production (sub-packaging) period, and the ingredient list, shelf life or shelf life that should be marked but not marked. Article 5 Under any of the following circumstances, it shall be ordered to stop the production and sale of prepackaged foods, its products and illegal sales income shall be confiscated, and a fine of 3,000 to 5,000 yuan or a fine of 5% to 20% of the value of this batch of food may be imposed:

(a) No food labels;

(2) Domestic or imported food without Chinese label. Article 6 In any of the following circumstances, prepackaged foods labels shall be ordered to stop production and sales, the products and illegal sales income shall be confiscated, and a fine of more than 5,000 yuan and less than 3 times the value of this batch of food shall be imposed; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility:

1. Forging or fraudulently using other people's food labels;

(2) Forging or tampering with the production date, shelf life or shelf life;

(3) Using food labels to practise fraud. Seventh sales of prepackaged foods beyond the shelf life, shall be ordered to stop selling, confiscate the food and illegal sales income, and impose a fine of more than 5000 yuan and less than 5 times the value of this batch of food; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility. Eighth of the prepackaged foods beyond the shelf life should stop selling, and sent to the statutory quality inspection agencies for inspection. If the internal quality of food is qualified, it shall be clearly marked for sale, and if it is not clearly marked for sale, it shall be given administrative punishment in accordance with Article 3 of these Provisions; If the internal quality of food is unqualified or refuses to provide the inspection report issued by the statutory quality inspection agency, administrative punishment shall be given in accordance with Article 7 of these Provisions. Article 9 In violation of Article 4 above, if the prepackaged foods label lacks the production date, shelf life or shelf life, it shall provide the inspection report issued by the statutory quality inspection agency. If the internal quality of food is qualified, administrative punishment shall be given in accordance with Article 4 of these Provisions; If the internal quality of food is unqualified or refuses to provide the inspection report issued by the statutory quality inspection agency, administrative punishment shall be given in accordance with Article 7 of these Provisions. Article 10 The administrative department of technical supervision of the people's government at the county level shall, in accordance with these provisions, punish acts that violate the compulsory national standards for food labeling.

The State Bureau of Technical Supervision implements unified supervision and management over the investigation and handling of illegal food labeling activities. Article 11 The State Bureau of Technical Supervision shall be responsible for the interpretation of these Provisions. Twelfth the provisions shall come into force as of June 0 1995.

(Note 1)

fundamental principle

1. All contents of the food label shall not describe or introduce the food in a wrong, misleading or deceptive way.

2. All contents of food labels shall not be directly or indirectly suggestive language, graphics or symbols, which may make consumers confuse a certain attribute of food or food with another product.

3. All contents of food labels must comply with the provisions of national laws and regulations and the provisions of corresponding product standards.

All contents of food labels must be easy to understand, accurate and scientific.

(Note 2)

basic requirement

1. The food label shall not be separated from the packaging container.

2. All the contents of food labels shall not become blurred or even fall off during circulation; It is necessary to ensure that consumers are eye-catching and easy to identify and read when buying and eating.

3. All contents of food labels must be clear, concise and eye-catching. Words, symbols and graphics should be intuitive and easy to understand, and the background and background colors should be in contrast colors.

4. The name of food must be in the eye-catching position of the label. The name and net content of food should be within the same visual field.

5. The characters used in food labels must be standardized Chinese characters.

You can use hanyu pinyin at the same time, but it must be spelled correctly and not larger than the corresponding Chinese characters.

Minority languages or foreign languages can be used at the same time, but they must have a close correspondence with Chinese characters, and the foreign language must not be greater than the corresponding Chinese characters.

6. The unit of measurement used in food labeling must be the national legal unit of measurement, such as:

Mass unit: grams or grams, kilograms or kilograms;

Unit of volume: milliliter, milliliter or milliliter, liter or liter.

(Excerpted from: National Standard General Standard for Food Labeling GB77 18)