Promulgation Authorities:  Standing Committee of the National People's Congress

Promulgation Date:  2021.04.29

Effective Date:  2021.04.29

Validity Status:  valid

Food Safety Law of the People's Republic of China (Amended in 2021)

Food Safety Law of the People's Republic of China

Chapter 1 General Principles

Article 1    This Law is formulated for the purposes of ensuring food safety and safeguarding the physical health and life safety of members of the public.

Article 2    Persons engaging in the following activities in the People's Republic of China shall comply with this Law:

(1) food manufacturing and processing (hereinafter referred to as "food manufacturing"), and circulation of foodstuffs and food and beverage services (hereinafter referred to as "food business operations");

(2) manufacturing and business operation of food additives;

(3) manufacturing and business operation of packaging materials, containers, detergents and disinfectants used for foodstuffs, and tools and equipment used in food manufacturing and food business operations (hereinafter referred to as the "food-related products");

(4) use of food additives and food-related products by food manufacturers and business operators;

(5) storage and transportation of foodstuffs; and

(6) safety administration of foodstuffs, food additives and food-related products.

Administration of quality and safety of edible primary products sourced from agricultural industry (hereinafter referred to as the "edible agricultural products") shall comply with the provisions of the Law of the People's Republic of China on Quality and Safety of Agricultural Products. However, marketing of edible agricultural products, formulation of the relevant quality and safety standards and announcement of information relating to safety of edible agricultural products, and the provisions of this Law on agricultural inputs shall comply with the relevant provisions of this Law.

Article 3    Food safety work shall implement "prevention as priority, risk management, full process control and joint governance by the public", and shall establish a scientific and stringent supervision and administration system.

Article 4    Food manufacturers and business operators shall be accountable for the safety of their food production and operation.

Food manufacturers and business operators shall engage in manufacturing and business activities pursuant to the laws, regulations and food safety standards, ensure food safety, act with integrity and self-discipline, be accountable to the society and the public, accept public supervision and bear social responsibility.

Article 5    The State Council shall establish a food safety commission whose job duties shall be stipulated by the State Council.

The food safety supervision and administration department of the State Council shall, pursuant to this Law and the duties stipulated by the State Council, implement supervision and administration of food manufacturing and food business operations.

The health administration department of the State Council shall, pursuant to this Law and the duties stipulated by the State Council, organise and launch food safety risk monitoring and risk evaluation, and jointly with the food safety supervision and administration department of the State Council, formulate and announce food safety standards of the State.

Other relevant departments of the State Council shall, pursuant to this Law and the duties stipulated by the State Council, undertake the relevant food safety work.

Article 6    Local People's Governments of county level and above shall be responsible for food safety supervision and administration within their administrative region, lead, organise and coordinate on a unified basis food safety supervision and administration and handling of food safety emergencies within their administrative region, establish and improve upon a food safety full process supervision and administration work mechanism and information sharing mechanism.

Local People's Governments of county level and above shall, pursuant to this Law and the provisions of the State Council, determine the duties of their food safety supervision and administration department, health administration department and other relevant departments. The relevant departments shall be responsible for food safety supervision and administration within their administrative region pursuant to their respective duties.

The food safety supervision and administration department of the county People's Government may establish branches in villages or specific regions.

Article 7    Local People's Governments of county level and above shall implement a food safety supervision and administration accountability system. The higher-level People's Governments shall be responsible for assessment and appraisal of food safety supervision and administration work of the lower-level People's Governments. Local People's Governments of county level and above shall be responsible for assessment and appraisal of food safety supervision and administration work of their food safety supervision and administration department and other relevant departments.

Article 8    People's Governments of county level and above shall include food safety work in their national economic and social development plan, include food safety working budget in their government fiscal budget, strengthen development of food safety supervision and administration capacity, and provide assurance for food safety work.

The food safety supervision and administration department and other relevant departments of People's Governments of county level and above shall strengthen communication, cooperate closely, implement division of work, exercise official powers pursuant to the law and bear responsibility.

Article 9    Food industry associations shall strengthen industry self-governance, establish and improve upon industry standards and incentives and penalties mechanism pursuant to their articles of association, provide food safety information and technology services, guide and supervise food manufacturers and business operators to carry out manufacturing and business operation pursuant to the law, promote industry integrity development, promote and popularise food safety knowledge.

Consumer associations and other consumer organisations shall implement public supervision pursuant to the law for violations of the provisions of this Law and acts which harm the legitimate rights and interests of consumers.

Article 10    All levels of People's Government shall strengthen propaganda and education for food safety, popularise food safety knowledge, encourage social organisations, grassroots self-governance organisations and food manufacturers and business operators to carry out popularisation of food safety laws and regulations and food safety standards and knowledge, advocate healthy diet, and strengthen consumers' food safety awareness and self-protection capacity.

News media shall carry out public service promotion of food safety laws and regulations as well as food safety standards and knowledge, and facilitate public opinions for illegal acts pertaining to food safety. Media coverage relating to food safety shall be true and equitable.

Article 11    The State encourages and supports basic research and applied research relating to food safety, encourages and supports adoption of advanced technologies and advanced management practices by food manufacturers and business operators to raise food safety level.

The State shall implement a stringent administrative system for use of pesticides, expedite elimination of hyper toxic, highly toxic and high residue pesticides, promote research and development and application of substitutes, and encourage use of efficient, low toxicity and residue pesticides.

Article 12    Any organisation or individual shall have the right to report an illegal act pertaining to food safety, enquire food safety information with the relevant authorities pursuant to the law, and give comments and recommendations on food safety supervision and administration.

Article 13    Organisations and individuals with outstanding contributions in food safety work shall be commended and rewarded pursuant to the relevant provisions of the State.

Chapter 2 Food Safety Risk Monitoring and Evaluation

Article 14    The State shall establish a food safety risk monitoring system to monitor foodborne diseases, food contamination and harmful effects of foodstuffs.

The health administration department of the State Council shall, jointly with the food safety supervision and administration department, formulate and implement the food safety risk monitoring plan of the State.

The food safety supervision and administration department and other relevant departments of the State Council shall, upon becoming aware of the relevant food safety risk information, forthwith verify and report to the health administration department of the State Council. The health administration department of the State Council shall, jointly with the relevant departments of the State Council, analyse and study food safety risk information reported by the relevant authorities and information on foodborne diseases etc reported by medical institutions, and promptly make adjustment to the food safety risk monitoring plan of the State where necessary.

The health administration department of the People's Governments of provinces, autonomous regions and centrally-administered municipalities shall, jointly with the food safety supervision and administration department, quality supervision department etc of counterpart level, formulate and adjust the food safety risk monitoring scheme of their administrative region pursuant to the food safety risk monitoring plan of the State, taking into account the specific conditions of their administrative region, and file the scheme and adjustments thereof to the health administration department of the State Council for record and implement accordingly.

Article 15    Technical organisations undertaking food safety risk monitoring shall conduct monitoring pursuant to the food safety risk monitoring plan and the monitoring scheme, ensure the veracity and accuracy of monitoring data, and submit monitoring data and analysis findings pursuant to the requirements of the food safety risk monitoring plan and the monitoring scheme.

Food safety risk monitoring personnel shall have the right to enter into planting and breeding premises of the relevant edible agricultural products as well as food manufacturing and food business operations premises to collect samples and gather the relevant data, and pay for the costs of the samples collected in accordance with market price.

Article 16    Where the food safety risk monitoring outcome indicates possible food safety hazards, the health administration authorities of People's Governments of county level and above shall promptly report the relevant information to the food safety supervision and administration authorities etc of counterpart level, and report to the local People's Government and the health administration department of the higher-level People's Government. The food safety supervision and administration authorities etc shall organise and conduct further investigation.

Article 17    The State shall establish a food safety risk assessment system, apply scientific methods to conduct risk assessment of biological, chemical and physical hazards in foodstuffs, food additives and food-related products based on food safety risk monitoring information, scientific data and the relevant information.

The health administration department of the State Council shall be responsible for organising food safety risk assessment, and set up a food safety risk assessment experts committee comprising medical, agricultural, food, nutrition, biology, environment experts etc to carry out food safety risk assessment. Food safety risk assessment outcome shall be announced by the health administration department of the State Council.

Safety assessment for pesticides, fertilisers, veterinary drugs, feeds and feed additives etc shall be participated by experts of the food safety risk assessment experts committee.

Fees shall not be collected from the manufacturers and business operators for food safety risk assessment, and costs of collected samples shall be paid in accordance with market price.

Article 18    Under any of the following circumstances, food safety risk assessment shall be conducted:

(1) discovery of possible safety hazards in foodstuffs, food additives and food-related products through food safety risk monitoring or upon receipt of a report;

(2) where risk assessment is necessary to provide scientific basis for formulation or revision of food safety standards of the State;

(3) where risk assessment is necessary for determination of priority fields and product types for supervision and administration;

(4) discovery of new possible factors which may compromise food safety;

(5) where it is necessary to judge if a certain factor constitutes food safety hazards; or

(6) any other circumstances under which the health administration department of the State Council deems necessary to carry out risk assessment.

Article 19    Where the food safety supervision and administration department, agricultural administration department etc of the State Council discovers in the course of supervision and administration that food safety risk assessment is necessary, they shall recommend food safety risk assessment to the health administration department of the State Council, and provide information and materials such as risk sources, the relevant inspection data and conclusion related. Under the circumstances stipulated in Article 18 of this Law, the health administration department of the State Council shall promptly carry out food safety risk assessment, and report assessment findings to the relevant the State Council department(s).

Article 20    The health administration department, agricultural administration department of the People's Governments of provincial level and above shall promptly notify each other of safety risk monitoring information of foodstuffs and edible agricultural products.

The health administration department and agricultural administration department of the State Council shall promptly notify each other of safety risk assessment findings of foodstuffs and edible agricultural products.

Article 21    The food safety risk assessment findings shall be the scientific basis for formulation and revision of food safety standards and implementation of food safety supervision and administration.

Where it is concluded upon food safety risk assessment that the foodstuffs, food additives and food-related products are unsafe, the food safety supervision and administration department of the State Council shall, pursuant to their respective duties, forthwith make public announcement, notify consumers to stop consuming or using the products, and adopt the corresponding measures to ensure cessation of manufacturing and business operation of the foodstuffs, food additives and food-related products; where it is necessary to formulate and revise the relevant food safety standards of the State, the health administration department of the State Council shall, jointly with the food safety supervision and administration department of the State Council, forthwith carry out formulation and revision.

Article 22    The food safety supervision and administration department of the State Council shall, jointly with the relevant State Council department(s), carry out integrated analysis of food safety conditions based on the food safety risk assessment findings, food safety supervision and administration information. For foodstuffs which indicate a higher level of safety risks based on the integrated analysis findings, the food safety supervision and administration department of the State Council shall promptly shall issue a food safety risk warning and make public announcement.

Article 23    The food safety supervision and administration department of the People's Governments of county level and above and other relevant authorities, the food safety risk assessment experts committee and its technical organisations shall, based on the principles of scientific, objectivity, timeliness and transparency, organise food manufacturers and business operators, food inspection organisations, accreditation agencies, food industry associations, consumer associations, news media etc to exchange and communicate food safety risk assessment information and food safety supervision and administration information.

Chapter 3 Food Safety Standards

Article 24    Formulation of food safety standards shall, based on the purpose of protection of the health of members of the public, ensure scientificness and rationality, safety and reliability.

Article 25    Food safety standards are compulsory standards. In addition to food safety standards, no other mandatory food standards shall be formulated.

Article 26    Food safety standards shall include the following contents:

(1) provisions on restriction of quantity of pollutants such as the pathogenic microorganisms, pesticide residues, veterinary drug residues and heavy metals as well as other materials harmful to human health in foodstuffs and food-related products;

(2) types, scope of usage and dosage of food additives;

(3) nutrient requirements for staple and supplementary food specifically for infants, young children and other specific population groups;

(4) requirements on labels, signs and instructions relating to food safety and nutrients;

(5) hygiene requirements in food manufacturing and business operations;

(6) quality requirements relating to food safety;

(7) food inspection methods and procedures relating to food safety; and

(8) other contents of food safety standards required to be formulated.

Article 27    Food safety standards of the State shall be formulated and announced by the health administration department of the State Council jointly with the food safety supervision and administration department of the State Council, and the standardisation administration department of the State Council shall provide the national standard codes.

The provisions on restriction of quantity of the pesticide residues and veterinary drug residues in foodstuffs as well as the inspection method and procedures thereof shall be formulated by the health administration department of the State Council and the agricultural administration department of the State Council jointly with the food safety supervision and administration department of the State Council.

The inspection procedures for slaughtering of livestock and poultry shall be formulated by the agricultural administration department of the State Council jointly with the health administration department of the State Council.

Article 28    Formulation of food safety standards of the State shall be based on food safety risk assessment findings and take into full consideration of safety risk assessment findings of edible agricultural products, and make reference to the relevant international standards and international food safety risk assessment findings, the draft food safety standards of the State shall be announced to the public, and the opinions of the food manufacturers and business operators , consumers, the relevant authorities etc shall be solicited.

Food safety standards of the State shall be examined and passed by the food safety standards review committee of the State organised by the health administration department of the State Council. The food safety standards review committee of the State shall comprise medical, agricultural, food, nutrition, biology, environment experts etc as well as representatives from the relevant State Council departments, food industry associations and consumer associations, and shall review the scientificness and practicability of the draft food safety standards of the State.

Article 29    Where food safety standards of the State do not apply to local specialty foodstuffs, the health administration department of the People's Governments of provinces, autonomous regions and centrally-administered municipalities may formulate and announce local food safety standards, and file the same with the health administration department of the State Council. Upon formulation of food safety standards of the State, the said local standards shall forthwith be repealed.

Article 30    The State encourages food manufacturing enterprises to formulate and apply enterprise standards which are stricter than food safety standards of the State or the local standards for the enterprise, and to file the same with the health administration department of the People's Governments of provinces, autonomous regions and centrally-administered municipalities.

Article 31    The health administration department of the People's Governments of provincial level and above shall announce formulated and filed food safety standards of the State and local standards and enterprise standards on their website for free access and download by the public.

For problems encountered in the course of implementation of food safety standards, the health administration authorities of People's Governments of county level and above shall, jointly with the relevant authorities, promptly give guidance and solutions.

Article 32    The health administration department of the People's Governments of provincial level and above shall, jointly with the food safety supervision and administration, agricultural administration department etc of counterpart level, conduct follow-up assessment of implementation of food safety standards of the State and local standards, and promptly revise food safety standards in accordance with the assessment findings.

The food safety supervision and administration department, agricultural administration department etc of the People's Governments of provincial level and above shall gather and compile problems discovered in the implementation of food safety standards, and promptly notify the health administration department of counterpart level.

Food manufacturers and business operators and food industry associations shall forthwith report problems encountered in the implementation of food safety standards to the health administration authorities.

Chapter 4 Food Manufacturing and Food Business Operations

Section 1 General Provisions

Article 33    Food manufacturing and food business operations shall comply with food safety standards, and satisfy the following requirements:

(1) the food manufacturer or food business operator shall operate at premises for handling raw materials and for processing, packaging, storage, etc for the foodstuff, which correspond to the types and quantity of foodstuff of the food manufacturing or food business operation, keep the premises clean and tidy, and maintain the stipulated distance with toxic or hazardous premises and other sources of contamination;

(2) the food manufacturer or food business operator shall be equipped with the manufacturing or business equipment or facilities which correspond to the types and quantity of foodstuff manufactured or in business operation, and the corresponding equipment or facilities for disinfection, changing, washing, lighting, illumination, ventilation, antisepsis, dust-proofing, anti-housefly, anti-rat, pest control and rinsing, as well as sewage treatment, storage of rubbish and waste;

(3) the food manufacturer or food business operator shall employ full-time or part time professional food safety technical personnel and food safety management personnel, and set up rules and system to ensure food safety;

(4) the food manufacturer or food business operator shall have reasonable equipment layout and workflow to prevent cross-contamination between to-be-processed food and food that can be consumed directly and cross-contamination between raw materials and finished products, and to avoid contact of food with toxic substances or dirt;

(5) the tableware, utensils used for drinking and containers for food that can be consumed directly shall be washed and disinfected before use; kitchenware and utensils shall be washed after use and kept clean;

(6) containers, tools and equipment for storage, transportation and loading and unloading of foodstuffs shall be safe, harmless and kept clean to avoid food contamination, and shall comply with special requirements such as temperature and humidity for assurance of food safety, and foodstuffs shall not be stored, transported together with toxic or harmful substances;

(7) food that can be consumed directly shall be packed using non-toxic and clean packaging materials or tableware;

(8) the personnel of the food manufacturer or food business operator shall maintain personal hygiene, wash their hands and wear clean work uniform and cap when handling foodstuffs; and use non-toxic and clean containers, sales tools and equipment when selling food that can be consumed directly;

(9) water consumption shall comply with the drinking water hygiene standards stipulated by the State;

(10) the detergent and disinfectant used shall be safe and harmless to human body; and

(11) any other requirements stipulated by laws, regulations.

Non-food manufacturers and business operators engaging in storage, transportation, loading and unloading of foodstuffs shall comply with the provisions of item (6) of the preceding paragraph.

Article 34    Manufacturing and business operation of the following foodstuffs, food additives and food-related products shall be prohibited:

(1) foodstuffs manufactured using non-food raw materials or added with chemical substances other than food additives and other substances which may be harmful to human health, or foodstuffs manufactured using recalled foodstuffs as raw materials;

(2) foodstuffs, food additives and food-related products containing pollutants such as pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins and heavy metals as well as containing other substances harmful to human health which exceed the restricted quantity stipulated by food safety standards;

(3) foodstuffs and/or food additives manufactured using food ingredients and/or food additives with expired shelf life;

(4) foodstuffs which use food additives beyond the scope and stipulated quantity;

(5) staple and supplementary food specifically for infants, young children and other specific population groups, with nutrients that do not comply with food safety standards;

(6) foodstuffs and/or food additives which are rotten and deteriorated, rancid, mildewed, dirty, contaminated, adulterated or displaying abnormal sensory traits;

(7) meat and products of poultry, livestock, wild animals and aquatic animals which have died of diseases or poisoned to death or died of unknown causes;

(8) meat which has not undergone quarantine or failed quarantine, or meat products which have not undergone inspection or failed inspection;

(9) foodstuffs and/or food additives which have been contaminated by packaging materials, containers, transportation tools etc;

(10) foodstuffs and/or food additives indicating false date of manufacture or shelf life, or foodstuffs and/or food additives with expired shelf life;

(11) pre-packed foodstuffs and/or food additives without labels;

(12) foodstuffs in which manufacturing or business operation is prohibited by the State expressly due to special needs such as disease prevention; and

(13) other foodstuffs, food additives and food-related products which do not comply with laws, regulations or food safety standards.

Article 35    The State adopts a licensing system for food manufacturing, food sales or catering services shall obtain a permit in accordance with the law. However, the sale of edible agricultural products and the sale of pre-packaged food only are not subject to a permit. Where only pre-packaged food is sold, it shall be filed with the local food safety regulatory department of the local people's government at or above the county level for the record.

The food safety supervision and administration department of the local People's Governments of county level and above shall, pursuant to the provisions of the Law of the People's Republic of China on Administrative Licensing, examine the relevant materials submitted by an applicant as required by item (1) to item (4) of the first paragraph of Article 33 of this Law, and conduct onsite examination of the manufacturing and business premises of the applicant when necessary; a permit shall be granted to applicants who satisfy the stipulated criteria; a permit shall not be granted to applicant who do not satisfy the stipulated criteria and the reason shall be stated in writing.

Article 36    Small food manufacturing and processing workshops and food hawkers engaging in food manufacturing and food business activities shall comply with the food safety requirements stipulated by this Law and corresponding to their scale of manufacturing and business and business conditions, and ensure that their foodstuffs are hygienic, non-toxic and harmless; the food safety supervision and administration department shall strengthen supervision and administration thereof;

Local People's Governments of county level and above shall implement integrated governance for small food manufacturing and processing workshops, food hawkers etc, strengthen services and unified planning, improve upon their manufacturing and business environment, encourage and support improvement of their manufacturing and business conditions, operate in fixed premises such as centralised markets and shops, or operate at designated business regions and time slots.

Detailed administrative measures on small food manufacturing and processing workshops, food hawkers etc shall be formulated by provinces, autonomous regions and centrally-administered municipalities.

Article 37    For manufacturing of foodstuffs using new food ingredients, or manufacturing of new types of food additives and new types of food-related products, safety assessment materials for the relevant products shall be submitted to the health administration department of the State Council. The health administration department of the State Council shall organise examination within 60 days from receipt of an application; where the application satisfies food safety requirements, a permit shall be granted and announcement shall be made; where the application does not satisfy food safety requirements, a permit shall not be granted and the reason shall be stated in writing.

Article 38    Food manufacturers and food business operators shall not add drugs to foodstuffs, but may add substances which are deemed traditionally as foodstuff cum Chinese herbal medicine. A list of substances deemed traditionally as foodstuff cum Chinese herbal medicine shall be formulated and announced by the health administration department of the State Council jointly with the food safety supervision and administration department of the State Council.

Article 39    The State shall implement a licensing system for manufacturing of food additives. Manufacturers of food additives shall be equipped with premises and manufacturing equipment or facilities, employ professional technical personnel and establish management systems that correspond to the types of food additives they manufacture, and obtain a manufacturing permit for food additives in accordance with the procedures stipulated in the second paragraph of Article 35 of this Law.

Manufacturing of food additives shall comply with laws, regulations and food safety standards of the State.

Article 40    Food additives shall be used where technically necessary and shall be proven safe and reliable through risk assessment before they can be included in the scope of permitted use; the relevant food safety standards of the State shall be promptly revised in accordance with technical necessity and food safety risk assessment findings.

Food manufacturers and business operators shall use food additives pursuant to food safety standards of the State.

Article 41    Manufacturing of food-related products shall comply with laws, regulations and food safety standards of the State. Food-related products with higher risks such as packaging materials etc which come into direct contact with foodstuffs shall be subject to manufacturing licensing pursuant to the relevant provisions of the State on administration of manufacturing permit for industrial products. The food safety authorities shall strengthen supervision and administration of manufacturing of food-related products.

Article 42    The State shall establish a food safety full process tracking system.

Food manufacturers and business operators shall establish a food safety tracing system pursuant to the provisions of this Law to ensure traceability of foodstuffs. The State encourages food manufacturers and business operators to adopt information technology to gather and retain manufacturing and business operation information, and establish a food safety tracing system.

The food safety supervision and administration department of the State Council shall, jointly with the agricultural administration department etc of the State Council, establish a food safety full process tracing collaborative mechanism.

Article 43    All levels of local People's Government shall adopt measures to encourage scale manufacturing and chain operation, distribution for foodstuffs.

The State encourages food manufacturing and food business operation enterprises to participate in food safety liability insurance.

Section 2 Control of Food Manufacturing Process

Article 44    Food manufacturing and food business operation enterprises shall establish and improve upon a food safety management system, conduct food safety knowledge training for their employees, strengthen food inspection work, and engage in manufacturing and business operation pursuant to the law.

The key person(s)-in-charge of food manufacturing and food business operation enterprises shall implement the enterprise's food safety management system and be fully accountable for food safety work of the enterprise.

Food manufacturing and food business operation enterprises shall employ food safety management personnel, and strengthen training and appraisal for the food safety management personnel. Persons appraised and found to be lacking in food safety management capability shall not be posted to a food safety management position. The food safety supervision and administration authorities shall conduct random sampling inspection appraisal of food safety management personnel of enterprises, and announce the appraisal findings. No fees shall be collected for supervision of random sampling inspection appraisal.

Article 45    Food manufacturers and business operators shall establish and implement an employee health management system. Persons diagnosed with illnesses which may impede food safety as stipulated by the health administration department of the State Council shall not handle work which has direct contact with food that can be consumed directly.

Personnel of food manufacturing and food business operations who handle work which have direct contact with food that can be consumed directly shall undergo yearly health check, and may be posted to such positions only upon obtaining a health certificate.

Article 46    Food manufacturing enterprises shall formulate and implement control requirements for the following matters to ensure that the foodstuffs they manufacture comply with food safety standards:

(1) control over ingredients such as procurement of ingredients, inspection and acceptance of ingredients, and batch feeding;

(2) control over key manufacturing processes such as manufacturing process, equipment, storage and packaging;

(3) control over inspection such as inspection of ingredients, semi-finished products and finished products; and

(4) control over transportation and delivery.

Article 47    Food manufacturers and business operators shall establish a food safety self-inspection system, and conduct inspection and assessment of food safety conditions on a regular basis. Where there is any change in manufacturing and business operation conditions and the food manufacturer or business operator no longer complies with food safety requirements, the food manufacturer or business operator shall forthwith adopt rectification measures; in the event of a food safety incident with potential risks, the food manufacturer or business operator shall forthwith cease food manufacturing or food business operations, and report to the food safety supervision and administration department of the county People's Government at the locality.

Article 48    The State encourages food manufacturing and food business operation enterprises to comply with good manufacturing practice requirements, implement a hazard analysis and critical control point system, and enhance their food safety management level.

The accreditation agencies shall implement follow-up investigation pursuant to the law for food manufacturing and food business operation enterprises which have been accredited for good manufacturing practice and their hazard analysis and critical control point system; the accreditation of enterprises which no longer comply with accreditation requirements shall be revoked pursuant to the law, the accreditation agencies shall promptly notify the food safety supervision and administration department of the People's Governments of county level and above and make a public announcement. Accreditation agencies shall not collect fees for implementation of follow-up investigation.

Article 49    Manufacturers of edible agricultural products shall use agricultural inputs such as pesticides, fertilisers, veterinary drugs, feeds and feed additives pursuant to food safety standards and the relevant provisions of the State, strictly implement the provisions on safety intervals or withdrawal period for agricultural inputs, and shall not use agricultural inputs prohibited by the State. Hyper toxic and highly toxic pesticides shall not be used on crops stipulated by the State such as vegetables, fruits, tea leaves and Chinese medicinal herbs.

Manufacturing enterprises of edible agricultural products and

specialised cooperative economic organisations of farmers shall establish a system to record use of agricultural inputs.

The agricultural administration department of the People's Governments of county level and above shall strengthen supervision and administration and guidance for use of agricultural inputs, establish and improve upon an agricultural inputs safe use system.

Article 50    Food manufacturers purchasing food ingredients, food additives and food-related products shall check the supplier's licence and product quality certificate; and inspect food ingredients without a product quality certificate pursuant to food safety standards; and shall not purchase or use food ingredients, food additives and food-related products which do not comply with food safety standards.

Food manufacturing enterprises shall establish an inspection records system for purchases of food ingredients, food additives and food-related products, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life, date of purchase and name, address, contact details of supplier etc for food ingredients, food additives and food-related products, and retain the relevant documentation. The records and documentation shall be kept at least up to six months upon expiry of the product's shelf life; where the shelf life is not specified, the records and documentation shall be kept at least for two years.

Article 51    Food manufacturing enterprises shall establish an inspection records system for ex-factory foodstuffs, check the inspection certificate and safety conditions of ex-factory foodstuffs, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life, inspection certificate number and date of sale of foodstuffs, as well as the name, address and contact details of buyer etc, and retain the relevant documentation. The retention period of records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.

Article 52    Manufacturers of foodstuffs, food additives and food-related products shall inspect their foodstuffs, food additives and food-related products pursuant to food safety standards, and only foodstuffs, food additives and food-related products which pass inspection may ex-factory or be sold.

Article 53    Food business operators purchasing foodstuffs shall check the supplier's permit and foodstuffs ex-factory inspection certificate or other qualification proof (hereinafter referred to as the "qualification proof documents").

Food business enterprises shall establish an inspection records system for inspection of purchased foodstuffs, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life and date of purchase of foodstuffs, as well as the name, address and contact details of the supplier etc, and retain the relevant documentation. The retention period of the records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.

Food business enterprises implementing unified distribution may arrange for the head office of the enterprise to implement unified inspection of the permits of suppliers and product quality certificates of foodstuffs and to keep inspection records for purchases of foodstuffs.

Foodstuffs wholesale business enterprises shall establish a records system for sale of foodstuffs, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life and date of sale of wholesale foodstuffs as well as the name, address, contact details of buyers etc, and retain the relevant documentation. The retention period of the records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.

Article 54    Food business operators shall store foodstuffs pursuant to the requirements of ensuring food safety, inspect foodstuff inventory on a regular basis, and promptly dispose deteriorated foodstuffs or foodstuffs with expired shelf life.

Food business operators storing bulk foodstuffs shall indicate the description, date of manufacture or production batch, shelf life of foodstuffs, the name and contact details of manufacturer etc at the place of storage.

Article 55    Food and beverage service providers shall formulate and implement control requirements for ingredients, and shall not purchase food ingredients which do not comply with food safety standards. Food and beverage service providers are encouraged to publicise their processing workflow and announce information such as food ingredients and their sources.

Food and beverage service providers shall, in the processing workflow, inspect foodstuffs and ingredients to be processed, and shall not process or use foodstuffs and ingredients which fall under the description of item (6) of Article 34 of this Law.

Article 56    Food and beverage service providers shall carry out maintenance of foodstuff processing, storage, display facilities and equipment on a regular basis; clean and calibrate insulation and cold storage and refrigeration facilities on a regular basis.

Food and beverage service providers shall clean and disinfect tableware and kitchenware pursuant to the requirements, and shall not use tableware and kitchenware which have not been cleaned and disinfected; where a food and beverage service provider outsources the cleaning and disinfection of tableware and kitchenware, the entrusted tableware and kitchenware centralised disinfection service provider shall comply with the criteria stipulated in this Law.

Article 57    Centralised canteens of schools, nurseries, nursing homes, construction sites etc shall strictly comply with laws, regulations and food safety standards; canteens ordering from caterers shall select a catering enterprise which holds a food manufacturing and food business operations permit and inspect ordered foodstuffs pursuant to the requirements. Caterers shall strictly comply with laws, regulations and food safety standards, process current meal and ensure food safety.

The department in charge of centralised canteens of schools, nurseries, nursing homes, construction sites etc shall strengthen food safety education and day-to-day management of the centralised canteen, reduce food safety risks, and promptly eliminate food safety hazards.

Article 58    Tableware and kitchenware centralised disinfection service providers shall be equipped with the corresponding operation premises and cleaning and disinfectant equipment or facilities, water consumption and the detergent and disinfectants used shall comply with the relevant food safety standards of the State and other standards and health norms of the State.

Tableware and kitchenware centralised disinfection service providers shall conduct batch inspection of disinfected tableware and kitchenware, and may only deliver disinfected tableware and kitchenware which passed inspection and are attached with a disinfection certificate. The service provider shall indicate on the independent packaging of disinfected tableware and kitchenware the name, address, contact details of the service provider, date of disinfection and use-by date etc.

Article 59    Manufacturers of food additives shall establish a records system for inspection of ex-factory food additives, inspect the inspection certificate and safety conditions of ex-factory products, truthfully record the description, specifications, quantity and date of manufacture or production batch, shelf life, inspection certificate number and date of sale of food additives, as well as the name, address, contact details of the suppliers etc, and retain the relevant documentation. The retention period of records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.

Article 60    Food additive business operators purchasing food additives shall inspect the permit of the supplier and product quality certificate pursuant to the law, truthfully record the description, specifications, quantity, date of manufacture or production batch, shelf life and date of purchase of food additives as well as the name, address, contact details of the suppliers etc, and retain the relevant documentation. The retention period of records and documentation shall comply with the provisions of the second paragraph of Article 50 of this Law.

Article 61    Organisers of centralised trading markets, lessors of counters and organisers of fairs shall examine the permits of participating food business operators pursuant to the law, specify their food safety management responsibilities, and conduct inspection of business environment and conditions on a regular basis; and shall, upon discovery of any violation of the provisions of this Law, promptly stop the offender and forthwith report to the food safety supervision and administration department of the county People's Government at the locality.

Article 62    Third party platform providers of online transactions of foodstuffs shall implement real name registration for participating food business operators, and specify their food safety management responsibilities; where a permit is required to be obtained pursuant to the law, the permit shall be examined.

Third party platform providers of online transactions of foodstuffs shall, upon discovery of any violation by participating food business operators of the provisions of this Law, promptly stop the offender and forthwith report to the food safety supervision and administration department of the county People's Government at the locality; upon discovery of a serious illegal act, the third party platform provider shall forthwith cease provision of online trading platform service.

Article 63    The State shall establish a foodstuffs recall system. Food manufacturers shall, upon discovery that the foodstuffs manufactured by them do not comply with food safety standards or based on the evidence that the foodstuffs may endanger human health, forthwith cease manufacturing, recall foodstuffs from the market, notify the relevant food business operators and consumers, and record information of the recall and notification.

Food business operators shall, upon discovery that foodstuffs in their business operation fall under the description in the preceding paragraph, forthwith cease business operation, notify the relevant food business operators and consumers, and record information of cessation of business operation and notification. Where the food manufacturer deems that recall of the foodstuffs is necessary, a recall shall be made forthwith. Where a food business operator is accountable for causing the foodstuffs in its business operation to fall under the description in the preceding paragraph, the food business operator shall recall the foodstuffs.

Food manufacturers and business operators shall carry out innocuous treatment and destruction measures for recalled foodstuffs to prevent the recalled foodstuffs from re-circulation in the market. However, in the case of a recall due to the label's, sign's or instructions' non-compliance of food safety standards, the foodstuffs may continue to be sold if the food manufacturer adopts remedial measures and is able to assure food safety; the remedial measures shall be shown clearly to consumers at the time of sale.

Food manufacturers and business operators shall report information on recall and handling of foodstuffs to the food safety supervision and administration department of the county People's Government at the locality; where it is necessary to carry out innocuous treatment and destruction measures for recalled foodstuffs, the time and venue shall be reported beforehand. The food safety supervision and administration department may implement onsite supervision where necessary.

Where the food manufacturer or business operator failed to recall foodstuffs or cease business operation pursuant to the provisions of this Article, the food safety supervision and administration department of the People's Governments of county level and above may order the food manufacturer or business operator to recall foodstuffs or cease business operation.

Article 64    Wholesale markets of edible agricultural products shall be equipped with inspection facilities and employ inspectors or entrust a food inspection organisation which complies with the provisions of this Law to conduct random sampling inspection of edible agricultural products sold in the wholesale market. Upon discovery of edible agricultural products which do not comply with food safety standards, the seller shall be required to stop selling the products immediately, and a report shall be made to the food safety supervision and administration authorities.

Article 65    Sellers of edible agricultural products shall establish a system to record inspection of purchased edible agricultural products, truthfully record the description, quantity and date of purchase of edible agricultural products as well as the name, address, contact details of the supplier etc, and retain the relevant documentation. The retention period of the records and documentation shall be at least six months.

Article 66    Food additives such as anti-staling agents, preservatives and food-related products such as packaging materials etc used during the storage, preservation, storage and transportation of edible agricultural products sold in the market shall comply with food safety standards of the State.

Section 3 Labels, Instructions and Advertisements

Article 67    Packaging of pre-packed foodstuffs shall be labeled. The label shall state the following information:

(1) description, specification, net weight and date of manufacture;

(2) list of ingredients;

(3) name, address and contact details of the manufacturer;

(4) shelf life;

(5) product standardised code;

(6) storage conditions;

(7) common names in State standards for food additives used in the product;

(8) manufacturing permit serial number; and

(9) any other information required to be labelled pursuant to laws, regulations or food safety standards.

The labels for staple and supplementary food specifically for infants and young children and other specific population groups shall also state the main nutritional components and contents.

Where the food safety standards of the State stipulate otherwise on information in labels, such provisions shall prevail.

Article 68    For bulk foodstuffs sold by food business operators, the description, date of manufacture or production batch, and shelf life of the foodstuffs, as well as the name, address and contact details of the manufacturer and business operator, shall be indicated on the container, external packaging of the bulk foodstuffs.

Article 69    Manufacturers and business operators of genetically-modified foodstuffs shall include prominent labels pursuant to the provisions.

Article 70    Food additives shall include label, instructions and packaging. The label and instructions shall state information stipulated in item (1) to item (6), item (8) and item (9) of the first paragraph of Article 67, as well as the scope of use, dosage and method of use of food additives, and the wording "food additives" shall be included in the label.

Article 71    The label and instructions of foodstuffs and food additives shall not contain false contents, or claim to have disease prevention and treatment function. Manufacturers and business operators shall be responsible for the contents of the labels and instructions provided by them.

The label and instructions of foodstuffs and food additives shall be clear and prominent, and information such as date of manufacture and shelf life shall be labeled prominently and easily identified.

Foodstuffs and food additives which are inconsistent with the contents of their label and instructions shall not be sold.

Article 72    Food business operators shall sell foodstuffs in accordance with the requirements of the warning sign, warning note or highlighted matters labeled on the foodstuffs' label.

Article 73    The contents of food advertisements shall be true and legitimate, shall not contain false contents or claim to have disease prevention and treatment function. Food manufacturers and business operators shall be responsible for the veracity and legitimacy of advertisement contents of their foodstuffs.

The food safety supervision and administration department of the People's Governments of county level and above and the other relevant authorities, as well as food inspection organisations and food industry associations, shall not recommend foodstuffs to consumers in the form of advertisements or any other form. Consumer organisation shall not recommend foodstuffs to consumers with the purpose of collecting fees or seeking gains.

Section 4 Special Foodstuffs

Article 74    The State shall implement stringent supervision and administration for special foodstuffs such as health food, special formula foodstuffs for special medical purposes and infant formula.

Article 75    Health function asserted by health food shall be backed by scientific basis, and shall not cause acute, sub-acute or chronic harm to human health.

A list of health food ingredients and permitted health function assertions by health food shall be formulated, revised and announced by the food safety supervision and administration department of the State Council jointly with the health administration department and traditional Chinese medicine administration department of the State Council.

The list of health food ingredients shall include description and dosage of ingredients and the corresponding efficacy; the ingredients included in the list of health food ingredients shall only be used for manufacturing of health food, and shall not be used for manufacturing of other foodstuffs.

Article 76    Health food using ingredients other than those included in the list of health food ingredients and first-time imported health food shall be registered with the food safety supervision and administration department of the State Council. However, where a first-time imported health food is deemed as vitamins, minerals and other nutrients, record shall be filed with the food safety supervision and administration department of the State Council. Other health food shall be filed with the food safety supervision and administration department of the People's Governments of provinces, autonomous regions and centrally-administered municipalities.

Imported health food shall be products allowed by the authorities of the exporting country (region) to be sold.

Article 77    For health food required to be registered pursuant to the law, the research and development report, product formula, manufacturing process, safety and health function assessment, label, instructions etc of the health food shall be submitted at the time of registration, and the relevant proof documents shall be provided. The food safety supervision and administration department of the State Council shall, upon technical review, grant registration for applications which satisfy the requirements of safety and function assertion; where an application does not satisfy the requirements, registration shall not be granted and the reason shall be stated in writing. In the event of a decision to grant registration for health food other than those included in the list of health food ingredients, the said ingredients shall be promptly included in the list of health food ingredients.

For health food required to be filed pursuant to the law, the product formula, manufacturing process, label, instructions and materials stating the product's safety and health function shall be submitted at the time of filing.

Article 78    The label and instructions of health food shall not claim disease prevention and treatment function, the contents shall be true and consistent with the filing's contents, the specific suitable and unsuitable group(s), effective ingredients or symbolic ingredients and their contents etc shall be stated, and the statement "this product does not serve as a substitute for medicine" shall be included. The functions and ingredients of the health food shall be consistent with the contents of the labels and instructions.

Article 79    Health food advertisements shall, in addition to complying with the provisions of the first paragraph of Article 73 of this Law, state that "this product does not serve as a substitute for medicine"; the contents shall be examined and approved by the food safety supervision and administration department of the People's Government of the province, autonomous region or centrally-administered municipality where the manufacturing enterprise is located, and shall obtain an approval document for health food advertisement. The food safety supervision and administration department of the People's Governments of provinces, autonomous regions and centrally-administered municipalities shall announce and promptly update the contents of the approved list of health food advertisements and advertisement contents.

Article 80    Special formula foodstuffs for special medical purposes shall be registered with the food safety supervision and administration department of the State Council. The product formula, manufacturing process, label, instructions and materials stating the product's safety, nnutritional adequacy and clinical results of special medical purposes shall be submitted at the time of registration.

The provisions of the Advertising Law of the People's Republic of China and other laws and administrative regulations on administration of drug advertisements shall apply to advertisements of special formula foodstuffs for special medical purposes.

Article 81    Infant formula manufacturing enterprises shall implement full process quality control from purchase of ingredients to ex-factory. Batch-by-batch inspection of ex-factory infant formula shall be implemented to ensure food safety.

Food ingredients and food additives such as raw fresh milk and auxiliary ingredients used for manufacturing of infant formula shall comply with the provisions of laws and administrative regulations and food safety standards of the State to ensure necessary nutrients for infant growth and development.

Infant formula manufacturing enterprises shall file food ingredients, food additives, product formula and label etc with the food safety supervision and administration department of the People's Government of the province, autonomous region or centrally-administered municipality.

Product formula for infant formula milk powder shall be registered with the food safety supervision and administration department of the State Council. The research and development report for the formula and other materials stating the formula's scientificness and safety shall be submitted at the time of registration.

Manufacturing of infant formula milk powder shall not adopt separate packaging method, and an enterprise shall not use the same formula to manufacture different brands of infant formula milk powder.

Article 82    Persons applying for registration or filing of health food, special formula foodstuffs for special medical purposes and infant formula milk powder shall be responsible for the veracity of materials submitted by them.

The food safety supervision and administration department of the People's Governments of provincial level and above shall promptly announce the list of registered or filed health food, special formula foodstuffs for special medical purposes, and infant formula milk powder, and keep confidentiality of commercial secrets which have come into their knowledge during the registration or filing process.

Health food, special formula foodstuffs for special medical purposes, and infant formula milk powder manufacturing enterprises shall organise manufacturing pursuant to registered or filed technical requirements such as product formula and manufacturing process.

Article 83    Enterprises manufacturing health food, special formula foodstuffs for special medical purposes, infant formula and staple and supplementary food specifically for other specific population groups shall establish a manufacturing quality management system corresponding to the foodstuffs they manufacture pursuant to the requirements of good manufacturing practice, conduct self-inspection of the system's operation on a regular basis, ensure effective operation of the system, and submit self-inspection reports to the food safety supervision and administration department of the county People's Government at the locality.