With more than a few dozen people dining out, are there any relevant food safety laws and regulations?

Food Hygiene Law of the People's Republic of China

Chapter 1 General Provisions

Article 1 is to ensure food hygiene and prevent food contamination and harmful factors from affecting food hygiene. This law is formulated to prevent harm to the human body, protect people's health, and enhance people's physical fitness.

Article 2 The state implements a food hygiene supervision system.

Article 3 The health administrative department of the State Council is responsible for the supervision and management of food hygiene nationwide. Relevant departments under the State Council are responsible for food hygiene management within their respective scope of duties.

Article 4 Anyone engaged in food production and operation within the territory of the People's Republic of China must abide by this law. This law applies to all foods, food additives, food containers, packaging materials and food tools, equipment, detergents and disinfectants; it also applies to food production and operation sites, facilities and related environments.

Article 5 The state encourages and protects social groups and individuals’ social supervision of food hygiene. Anyone has the right to report and prosecute violations of this law. Chapter 2 Food Hygiene

Article 6 Food should be non-toxic and harmless, meet the required nutritional requirements, and have corresponding sensory properties such as color, aroma, and taste.

Article 7 Main and supplementary foods specially provided for infants and young children must comply with the nutritional and hygienic standards formulated by the health administrative department of the State Council.

Article 8 The food production and operation process must comply with the following hygiene requirements:

(1) Keep the internal and external environment clean and tidy, and take measures to eliminate flies, rats, cockroaches and other harmful insects and their breeding conditions Measures should be taken to maintain a prescribed distance from toxic and harmful places;

(2) Food production and operation enterprises should have factories or places for food raw material handling, processing, packaging, storage, etc. that are suitable for the variety and quantity of the products. ;

(3) There should be corresponding facilities for disinfection, changing, washing, lighting, illumination, ventilation, anti-corrosion, dust-proof, fly-proof, rodent-proof, washing, sewage discharge, and storage of garbage and waste. ;

(4) Equipment layout and process flow should be reasonable to prevent cross-contamination between food to be processed and directly imported food, raw materials and finished products, and food must not come into contact with toxic substances or unclean substances;

(5) Tableware, drinking utensils and containers for direct food must be washed and disinfected before use, and cooking utensils and utensils must be washed and kept clean after use;

(6) Storage and transportation The containers, packaging, tools, equipment and conditions for loading and unloading food must be safe, harmless, and kept clean to prevent food contamination;

(7) Food for direct entry should be in small packages or use non-toxic, clean packaging Packaging materials;

(8) Food production and operation personnel should always maintain personal hygiene. When producing and selling food, they must wash their hands and wear clean work clothes and hats; when selling directly imported food, they must Use sales tools;

(9) The water used must comply with the national hygiene standards for urban and rural drinking water;

(10) The detergents and disinfectants used must be safe and safe for the human body. harmless.

The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall make specific provisions on the hygiene requirements for food vendors and urban and rural market trading food operators in the food production and operation process in accordance with this law.

Article 9 prohibits the production and operation of the following foods:

(1) Spoilage, rancidity, mildew, insect infestation, filth and uncleanness, mixed with foreign matter or other abnormal sensory properties , which may be harmful to human health;

(2) Containing toxic or harmful substances or being contaminated by toxic or harmful substances, which may be harmful to human health;

(3) Containing substances that cause Pathogenic parasites and microorganisms, or microbial toxin content exceeding national limits;

(4) Meat and its products that have not been subject to veterinary health inspection or have failed to pass the inspection;

(5) Poultry, livestock, beasts, aquatic animals, etc. that died of illness, poisoning, or the cause of death is unknown, and their products;

(6) Contamination caused by dirty or severely damaged containers and packaging, or unclean transportation vehicles ;

(7) Adulteration, adulteration, counterfeiting, affecting nutrition and hygiene;

(8) Processing with non-food raw materials, adding non-food chemical substances Or treating non-food as food;

(9) The shelf life has exceeded;

(10) For special needs such as disease prevention, the health administrative department of the State Council or the province, autonomous region, or The people's government of the municipality directly under the Central Government specifically prohibits the sale;

(11) Containing additives that have not been approved by the health administrative department of the State Council or pesticide residues exceeding the allowable amount prescribed by the state;

( 12) Others that do not meet food hygiene standards and hygiene requirements.

Article 10 Food shall not be added with drugs, except those added as raw materials, condiments or nutritional fortifiers that are both food and drugs according to tradition.

Chapter 3 Hygiene of Food Additives

Article 11 The production, operation and use of food additives must comply with the hygienic standards and hygienic management measures for the use of food additives; failure to comply with hygienic standards Food additives that comply with hygiene management regulations are not allowed to be sold or used.

Chapter 4 Hygiene of Food Containers, Packaging Materials and Food Tools and Equipment

Article 12 Food containers, packaging materials and food tools and equipment must comply with hygienic standards and Provisions on health management measures.

Article 13 The production of food containers, packaging materials, and food tools and equipment must use raw materials that meet hygienic requirements. Products should be easy to clean and disinfect. Chapter 5: Formulation of food hygiene standards and management measures.

Chapter 5 Management Measures for Food Hygiene Standards

Article 14 Food, food additives, food containers, packaging materials, food tools and equipment, used for cleaning food and food National health standards, health management measures and inspection procedures for detergents and disinfectants used in tools and equipment, as well as the allowable amounts of pollutants and radioactive substances in food, shall be formulated or approved and issued by the health administrative department of the State Council. Article 15 For foods for which the state has not established hygienic standards, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local hygienic standards and report them to the health administrative department of the State Council and the standardization administrative department of the State Council for filing.

Article 16 Indicators with hygienic significance in the national product quality standards for food additives must be reviewed and approved by the health administrative department of the State Council.

The safety evaluation of agricultural chemicals such as pesticides and fertilizers must be reviewed and approved by the health administrative department of the State Council.

The veterinary health inspection regulations for slaughtering livestock and poultry shall be formulated by the relevant administrative departments of the State Council in conjunction with the health administrative department of the State Council.

Chapter 6 Food Hygiene Management

Article 17 The food production and operation management departments of people's governments at all levels shall strengthen food hygiene management and inspect the implementation of this law. People's governments at all levels should encourage and support the improvement of food processing technology and promote the improvement of food hygiene quality. Article 18 Food production and trading enterprises shall improve their own food hygiene management system, equip full-time or part-time food hygiene management personnel, and strengthen the inspection of the food they produce and trade.

Article 19 The site selection and design of new construction, expansion, and reconstruction projects of food production and operation enterprises shall comply with health requirements, and the health administrative department must participate in the design review and project acceptance.

Article 20: For new varieties of food and food additives produced using new resources, the production and operation enterprises must provide the information required for the hygienic evaluation and nutritional evaluation of the product before putting it into production; using new raw materials For new types of food containers, packaging materials, and food tools and equipment, production and operation enterprises must provide the information required for the hygienic evaluation of the products before they are put into production. Before the above-mentioned new varieties are put into production, samples must be provided and submitted for approval in accordance with the prescribed food hygiene standard approval procedures.

Article 21 For fixed-package foods and food additives, the product name, origin, factory name, production date, batch number or code number, and specifications must be marked on the packaging label or product manual according to different products according to regulations. , formula or main ingredients, shelf life, consumption or usage methods, etc. Product instructions for food and food additives must not contain exaggerated or false promotional content. Food packaging labels must be clear and easy to identify. Food sold in the domestic market must have Chinese labels.

Article 22 For foods that indicate specific health-care functions, their products and instructions must be submitted to the health administration department of the State Council for review and approval. The health standards and production and operation management methods shall be formulated by the health administration department of the State Council.

Article 23 Foods stated to have specific health-care functions must not be harmful to human health. The content of the product instructions must be true. The functions and ingredients of the product must be consistent with the instructions and must not be false.

Article 24 Food, food additives and containers, packaging materials and other utensils specially used for food must be inspected and passed by the producers in accordance with hygienic standards and hygienic management methods before they can leave the factory or be sold. .

Article 25 When purchasing food and its raw materials, food producers and traders shall ask for inspection certificates or laboratory tests in accordance with relevant national regulations, and sellers shall guarantee to provide them. The scope and types of certificates required shall be stipulated by the health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Article 26 Food production and operation personnel must undergo a health examination every year; food production and operation personnel who are new to work or temporarily join the work must undergo a health examination and obtain a health certificate before they can participate in work.

Anyone suffering from dysentery, typhoid, viral hepatitis and other digestive tract infectious diseases (including pathogen carriers), active pulmonary tuberculosis, purulent or exudative skin diseases and other diseases that hinder food hygiene , shall not participate in work that comes into contact with directly imported food.

Article 27 Food production and operation enterprises and food vendors must first obtain a health license issued by the health administrative department before applying for registration with the industrial and commercial administrative department. Those who have not obtained a health license are not allowed to engage in food production and business activities.

Food producers and operators are not allowed to forge, alter, or lend health licenses.

Measures for the issuance and management of health licenses shall be formulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 28 The organizers of various food markets shall be responsible for the food hygiene management in the market, and set up necessary public and sanitary facilities in the market to maintain good environmental sanitation conditions.

Article 29: The industrial and commercial administrative department is responsible for the food hygiene management of urban and rural market trade, and the health administrative department is responsible for the food hygiene supervision and inspection work.

Article 30: Imported food, food additives, food containers, packaging materials and food tools and equipment must comply with national health standards and health management measures.

The imported products listed in the preceding paragraph shall be subject to health supervision and inspection by the port imported food hygiene supervision and inspection agency. Only those that pass the inspection are allowed to be imported. The customs will release the goods based on the inspection certificate.

When applying for inspection, the importing unit shall provide relevant information and inspection reports on pesticides, additives, fumigants and other materials used in the exporting country (region).

Imported products listed in the first paragraph shall be inspected in accordance with national health standards. If there are no national health standards, the importing unit must provide health evaluation materials issued by the health department or organization of the exporting country (region). The port imported food hygiene supervision and inspection agency shall review and inspect the food and submit it to the health administrative department of the State Council for approval.

Article 31: Exported food shall be subject to health supervision and inspection by the national import and export commodity inspection department.

The customs will release the goods based on the certificate issued by the national import and export commodity inspection department.

Chapter 7 Food Hygiene Supervision

Article 32 The health administrative departments of local people’s governments at or above the county level shall exercise food hygiene supervision responsibilities within their jurisdiction.

The food hygiene supervision agencies established by the railway and transportation administrative departments shall exercise the food hygiene supervision responsibilities prescribed by the health administrative department of the State Council in conjunction with relevant departments of the State Council.

Article 33: Food hygiene supervision responsibilities are:

(1) Carry out food hygiene monitoring, inspection and technical guidance;

(2) Assist in training Food production and operation personnel, supervise the health examination of food production and operation personnel;

(3) Promote food hygiene and nutrition knowledge, conduct food hygiene evaluation, and publish food hygiene conditions;

(4) ) Conduct hygienic review of the site selection and design of new, expansion, and reconstruction projects of food production and operation enterprises, and participate in project acceptance;

(5) Investigate food poisoning and food contamination accidents, and take control measures Measures;

(6) Conduct patrol supervision and inspection of violations of this Law;

(7) Investigate responsibilities for violations of this Law and impose administrative penalties in accordance with the law;

(8) Responsible for other food hygiene supervision matters.

Article 34 The health administrative department of the people's government at or above the county level shall establish food hygiene supervisors. Food hygiene supervisors are appointed by qualified professionals, and certificates are issued by the health administrative department at the same level. Food hygiene supervisors of railways and transportation shall be issued certificates by their superior authorities.

Article 35 Food hygiene supervisors shall perform tasks assigned by the health administrative department.

Food hygiene supervisors must enforce the law impartially, be loyal to their duties, and must not use their authority for personal gain.

When performing their tasks, food hygiene supervisors can learn about the situation from food producers and operators, obtain necessary information, enter production and operation sites for inspection, and take samples free of charge in accordance with regulations. Producers and operators shall not refuse or conceal.

Food hygiene supervisors have the obligation to keep confidential the technical information provided by producers and operators.

Article 36 The health administrative departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, if necessary, identify qualified units as food hygiene inspection units to conduct food hygiene inspections and issue inspection reports.

Article 37 The health administrative department of the local people's government at or above the county level may take the following temporary control measures against the food producer or operator who has caused a food poisoning accident or has evidence that it may cause a food poisoning accident. :

(1) Seal foods and raw materials that cause food poisoning or may cause food poisoning;

(2) Seal contaminated food tools and utensils and order them to be cleaned disinfect.

After inspection, food that is contaminated will be destroyed; food that is not contaminated will be unsealed.

Article 38 Units where food poisoning occurs and units that receive patients for treatment shall, in addition to taking rescue measures, report to the local health administrative department in a timely manner in accordance with relevant national regulations.

After receiving the report, the health administrative department of the local people's government at or above the county level shall promptly investigate and deal with it and take control measures.

Chapter 8 Legal Responsibilities

Article 39 Whoever violates the provisions of this Law by producing or operating food that does not meet hygienic standards, causing food poisoning accidents or other food-borne diseases, shall be punished. Order to stop production and operation, destroy food that causes food poisoning or other food-borne diseases, confiscate illegal income, and impose a fine of not less than one time but not more than five times the illegal income; if there is no illegal income, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed fine.

In violation of the provisions of this Law, the production and operation of food that does not meet hygienic standards cause serious food poisoning accidents or other serious food-borne diseases, causing serious harm to human health, or the production and operation of food are adulterated. Anyone who introduces toxic or harmful non-food raw materials will be investigated for criminal liability in accordance with the law. Anyone who commits any of the acts listed in this article shall have his health license revoked.

Article 40 Anyone who violates the provisions of this Law and engages in food production and business activities without obtaining a health license or forging a health license shall be banned, the illegal income shall be confiscated, and a fine of not less than one time but not more than five times the illegal income shall be imposed. If there is no illegal income, a fine of not less than 500 yuan but not more than 30,000 yuan will be imposed.

Anyone who alters or lends a health license will have his health license confiscated, his illegal gains confiscated, and a fine of not less than one time but not more than three times his illegal gains; if there is no illegal gain, he will be fined not less than 500 yuan but not more than 10,000 yuan.

Article 41 Anyone who violates the provisions of this Law and the food production and operation process does not meet the hygienic requirements shall be ordered to make corrections, given a warning, and may be fined not more than 5,000 yuan; those who refuse to make corrections or have other serious circumstances shall Yes, the health license will be revoked.

Article 42 Anyone who violates the provisions of this Law by producing or operating food that is prohibited from production or operation shall be ordered to stop production and operation, immediately announce the recall of the sold food, destroy the food, confiscate the illegal income, and A fine of not less than one time but not more than five times of the illegal income shall be imposed; if there is no illegal income, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed. In serious cases, the health license will be revoked.

Article 43 Anyone who violates the provisions of this Law by producing or operating main or supplementary foods for infants and young children that do not meet nutritional and hygienic standards shall be ordered to stop production and operations and immediately announce the recall of the sold food. , and destroy the food, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; if there is no illegal income, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed. In serious cases, the health license will be revoked.

Article 44 Violates the provisions of this Law, produces, operates or uses food additives, food containers, packaging materials and food tools, equipment, detergents, disinfectants that do not meet the hygienic standards and hygienic management measures. If the drug is found, it shall be ordered to stop production or use, the illegal income shall be confiscated, and a fine of not less than one time but not more than three times the illegal income shall be imposed; if there is no illegal income, a fine of not more than 5,000 yuan shall be imposed.

Article 45 Whoever violates the provisions of this Law by producing or operating food that is shown to have specific health functions without review and approval by the health administrative department of the State Council, or if the product instructions for the food are false, shall be ordered to stop production. If there is no illegal income, the illegal income shall be confiscated and a fine of not less than one time but not more than five times the illegal income shall be imposed; if there is no illegal income, a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed. In serious cases, the health license will be revoked.

Article 46 Violates the provisions of this Law and fails to indicate or falsely indicates the production date, shelf life and other stipulated matters on the packaging labels or product instructions of fixed-type packaged foods and food additives, or violates regulations by failing to indicate such matters If the signs are in Chinese, they will be ordered to make corrections and may be fined not less than 500 yuan but not more than 10,000 yuan.

Article 47 In violation of the provisions of this Law, food production and operation personnel engage in food production and operation without obtaining a health certificate, or production and operation personnel who are sick and are not allowed to come into contact with directly imported food shall not comply with the regulations. Those who are transferred will be ordered to make corrections and may be fined not more than 5,000 yuan.

Article 48 Anyone who violates the provisions of this Law and causes food poisoning accidents or other food-borne diseases, or causes damage to others due to other violations of this Law, shall bear civil liability for compensation in accordance with the law.

Article 49: Administrative penalties stipulated in this Law shall be decided by the health administrative department of the local people's government at or above the county level. Other agencies stipulated in this Law that exercise the power of food hygiene supervision shall make administrative penalty decisions in accordance with the provisions of this Law within the scope of their prescribed duties.

Article 50 If a party is dissatisfied with the administrative penalty decision, he or she may apply for reconsideration to the authority above the authority that made the penalty decision within fifteen days from the date of receipt of the penalty notice; the party may also apply for reconsideration after receiving the penalty notice. File a lawsuit directly with the People's Court within fifteen days from the date of the penalty notice.

The review authority shall make a review decision within fifteen days from the date of receipt of the review application. If the party concerned is dissatisfied with the reconsideration decision, he may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision.

If the party concerned fails to apply for reconsideration or bring a lawsuit to the People's Court within the time limit, and fails to implement the penalty decision, the agency that made the penalty decision may apply to the People's Court for compulsory execution.

Article 51 If the health administrative department violates the provisions of this law and issues health licenses to unqualified producers and operators, the directly responsible personnel shall be given administrative sanctions; if bribes are accepted, which constitutes a crime, the person responsible shall be punished in accordance with the law. Pursuing criminal liability. Article 52 If food hygiene supervision and management personnel abuse their power, neglect their duties, engage in malpractice for personal gain, and cause major accidents, which constitute a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be given administrative sanctions in accordance with the law.

Article 53: Anyone who uses violence or threats to obstruct food hygiene supervision and management personnel from performing their duties in accordance with the law shall be investigated for criminal responsibility in accordance with the law; those who refuse or obstruct food hygiene supervision and management personnel from performing their duties in accordance with the law do not use violence or threats. , shall be punished by the public security organs in accordance with the provisions of the Public Security Administration Punishment Regulations.

Chapter 9 Supplementary Provisions

Article 54 The meanings of the following terms in this Law:

Food: refers to various finished products and products for human consumption or drinking Raw materials and items that are traditionally both food and medicine, but do not include items for therapeutic purposes.

Food additives: refer to chemically synthesized or natural substances added to food in order to improve the quality, color, aroma and taste of food, as well as for the needs of preservation and processing technology.

Nutritional fortifiers: refer to natural or synthetic food additives within the scope of natural nutrients that are added to food to enhance nutritional content.

Food containers and packaging materials: refers to paper, bamboo, wood, metal, enamel, ceramics, plastic, rubber, natural fiber, chemical fiber, glass and other products used to package and hold food, and products that come into contact with food coating.

Food tools and equipment: refers to machinery, pipes, conveyor belts, containers, utensils, tableware, etc. that come into contact with food during the production and operation process.

Food production and operation: refers to all food production (excluding planting and breeding), collection, purchase, processing, storage, transportation, display, supply, sales and other activities.

Food producers and operators: refers to all units or individuals engaged in food production and operation, including employee canteens, food vendors, etc.

Article 55: Management measures for exported food shall be formulated separately by the national import and export commodity inspection department in conjunction with the health administration department of the State Council and relevant administrative departments.

Article 56: Sanitary management measures for military-specific food and self-supplied food shall be formulated by the Central Military Commission in accordance with this Law.

Article 57 This Law shall come into effect on the date of promulgation. The "Food Hygiene Law of the People's Republic of China (Trial)" will be abolished at the same time.