Chapter 5 Food Inspection

Article 84    Food inspection organisations may only engage in food inspection activities upon obtaining accreditation pursuant to the relevant provisions of the State on accreditation, unless the laws stipulate otherwise.

The accreditation criteria and inspection norms for food inspection organisations shall be stipulated by the food safety supervision and administration department of the State Council.

Inspection reports issued by food inspection organisations which comply with the provisions of this Law shall have equal validity.

People's Governments of county level and above shall consolidate food inspection resources to achieve sharing of resources.

Article 85    Food inspection shall be carried out independently by inspectors designated by food inspection organisations.

Inspectors shall carry out inspection of foodstuffs pursuant to the provisions of the relevant laws and regulations and in accordance with food safety standards and inspection norms, respect science, uphold professional ethics, and ensure that the inspection data and conclusion issued are objective and equitable, and shall not issue false inspection reports.

Article 86    Food inspection organisations and inspectors shall be accountable for food inspection. Food inspection reports shall be affixed with the official seal of the food inspection organisation, and signed or sealed by the inspector(s). Food inspection organisations and inspectors shall be accountable for the food inspection reports issued by them.

Article 87    The food safety supervision and administration department of the People's Governments of county level and above shall conduct random sampling inspection of foodstuffs on a regular or ad hoc basis, and announce inspection findings pursuant to the relevant provisions, and shall not exempt inspection. Samples shall be purchased for random sampling inspection, and a food inspection organisation which complies with the provisions of this Law shall be entrusted to carry out inspection, and the relevant fees shall be paid; no inspection fee and other fees shall be collected from food manufacturers and business operators.

Article 88    Food manufacturers and business operators who disagree with the conclusion of an inspection carried out pursuant to the provisions of this Law may apply to the food safety supervision and administration department which conducts the random sampling inspection or the higher-level food safety supervision and administration department for re-inspection within seven working days from receipt of the conclusion of inspection, and the food safety supervision and administration department which accepts the application for re-inspection shall randomly select a re-inspection organisation from the list of re-inspection organisations to carry out the re-inspection. The conclusion of re-inspection issued by the re-inspection organisation shall be the final inspection conclusion. The re-inspection organisation shall not be the organisation which carries out the initial inspection. The list of re-inspection organisations shall be jointly announced by the accreditation supervision and administration department, food safety supervision and administration department, health administration department, agricultural administration department etc of the State Council.

Random sampling inspection of edible agricultural products shall adopt the rapid detection method stipulated by the State. A party being inspected who disagrees with the test results may apply for re-inspection within four hours from receipt of the test results. Re-inspection shall not adopt the fast detection method.

Article 89    Food manufacturing enterprises may conduct inspection of the foodstuffs manufactured by them, or entrust a food inspection organisation which complies with the provisions of this Law to carry out inspection.

Food industry associations, consumer associations etc shall entrust a food inspection organisation which complies with the provisions of this Law when the consumers require an entrusted food inspection organisation to carry out inspection of foodstuffs.

Article 90    The provisions of this Law on food inspection shall apply to inspection of food additives.

Chapter 6 Importation and Exportation of Foodstuffs

Article 91    Inbound and outbound inspection and quarantine authorities of the State shall implement supervision and administration for food safety of imported and exported foodstuffs.

Article 92    Imported foodstuffs, food additives and food-related products shall comply with food safety standards of the State.

Imported foodstuffs and food additives shall pass inspection conducted by inbound and outbound inspection and quarantine agencies pursuant to the provisions of the relevant laws and administrative regulations on inspection of imports and exports.

Imported foodstuffs and food additives shall be attached with proof of compliance in accordance with the requirements of the inbound and outbound inspection and quarantine authorities of the State.

Article 93    In the case of imported foodstuffs for which the food safety standards of the State do not apply, the overseas exporter, overseas manufacturing enterprise or the entrusted importer shall submit the applicable standards of the relevant country (region) or the international standards to the health administration department of the State Council. The health administration department of the State Council shall examine the relevant standards, and may decide to apply such standards temporarily if they are deemed to satisfy food safety requirements, and shall promptly formulate the corresponding food safety standards of the State. Importation of foodstuffs manufactured using new food ingredients or importation of new types of food additives or new types of food-related products shall be handled pursuant to the provisions of Article 37 of this Law.

Inbound and outbound inspection and quarantine agencies shall conduct inspection of the foodstuffs, food additives and food-related products stipulated in the preceding paragraph in accordance with the requirements of the health administration department of the State Council. The inspection findings shall be announced.

Article 94    Overseas exporters and overseas manufacturing enterprises shall ensure that foodstuffs, food additives and food-related products exported to China comply with the provisions of this Law and other relevant laws, administrative regulations and the requirements of food safety standards of the State, and shall be responsible for the contents of the labels and instructions.

Importers shall establish an examination system for overseas exporters and overseas manufacturing enterprises, and focus on examination of the contents stipulated in the preceding paragraph; and importation will be not allowed if failing to pass examination.

Upon discovery of imported foodstuffs which do not comply with food safety standards of the State, or where there is evidence to prove that the imported foodstuffs may endanger human health, the importer shall forthwith cease importation and recall the imported foodstuffs pursuant to the provisions of Article 63 of this Law.

Article 95    Where a food safety incident occurred overseas may have an impact in China, or upon discovery of a serious food safety issue in imported foodstuffs, food additives and food-related products, the inbound and outbound inspection and quarantine authorities of the State shall promptly adopt risk warning or control measures, and notify the food safety supervision and administration department, health administration department and agricultural administration department of the State Council. The notified authorities shall promptly adopt the corresponding measures.

The food safety supervision and administration department of the People's Governments of county level and above shall implement supervision and administration of imported foodstuffs and food additives sold in the domestic market. Upon discovery of a serious food safety issue, the food safety supervision and administration department of the State Council shall promptly notify the inbound and outbound inspection and quarantine authorities of the State. The inbound and outbound inspection and quarantine authorities of the State shall promptly adopt the corresponding measures.

Article 96    Overseas exporters or agents exporting foodstuffs to China and importers importing foodstuffs into China shall file record with the inbound and outbound inspection and quarantine authorities of the State. Overseas food manufacturing enterprises exporting foodstuffs to China shall be registered with the inbound and outbound inspection and quarantine authorities of the State. The inbound and outbound inspection and quarantine authorities of the State shall revoke registration of registered overseas food manufacturing enterprises guilty of providing false materials or responsible for causing a serious food safety incident, and make an announcement.

The inbound and outbound inspection and quarantine authorities of the State shall announce the lists of filed overseas exporters, agents, importers and registered overseas food manufacturing enterprises on a regular basis.

Article 97    Imported pre-packed foodstuffs and food additives shall include Chinese labels; where the law requires the foodstuffs and food additives to include instructions, such foodstuffs and food additives shall also include Chinese instructions. The labels and instructions shall comply with the provisions of this Law and other relevant laws and administrative regulations of China and the requirements of food safety standards of the State, and state the origin of the foodstuffs and the name, address and contact details of the agent in China. Pre-packed foodstuffs which do not include Chinese labels or Chinese instructions or pre-packed foodstuffs with labels or instructions which do not comply with the provisions of this Law shall not be imported.

Article 98    Importers shall establish a system for recording of importation and sale of foodstuffs and food additives, truthfully record the description, specifications, quantity, date of manufacture, production or importation batch, shelf life of the foodstuffs and food additives, the name, address and contact details of the overseas exporter and the buyer, date of delivery of goods 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 99    Food manufacturing enterprises exporting their products shall ensure that the exported foodstuffs comply with the standards of the importing country (region) or the requirements of the contract.

Food manufacturing enterprises exporting their products and plantations and breeding farms exporting food ingredients shall file record with the inbound and outbound inspection and quarantine authorities of the State.

Article 100    The inbound and outbound inspection and quarantine authorities of the State shall gather and compile the following food safety information of imported and exported foodstuffs, and promptly notify the relevant authorities, organisations and enterprises:

(1) food safety information of imported and exported foodstuffs discovered by inbound and outbound inspection and quarantine agencies during the inspection and quarantine process;

(2) food safety information of imported foodstuffs reflected by organisations such as food industry associations and consumer associations and consumers;

(3) risk warning information and other food safety information released by international organisations and overseas government agencies, as well as food safety information reflected by organisations such as overseas food industry associations and consumers; and

(4) other food safety information.

The inbound and outbound inspection and quarantine authorities of the State shall implement trustworthiness administration for importers and exporters of imported and exported foodstuffs and food manufacturing enterprises exporting their products, establish trustworthiness records, and announce to the public pursuant to the law. The inbound and outbound inspection and quarantine authorities shall strengthen inspection and quarantine of imported and exported foodstuffs of importers and exporters and food manufacturing enterprises exporting their products which have poor records.

Article 101    The inbound and outbound inspection and quarantine authorities of the State may carry out assessment and examination of the food safety administrative system and food safety conditions of countries (regions) exporting foodstuffs to China, and determine the corresponding inspection and quarantine requirements in accordance with the assessment and examination findings.

Chapter 7 Handling of Food Safety Incidents

Article 102    The State Council shall organise and formulate contingency plans for food safety incidents in China.

Local People's Governments of county level and above shall formulate contingency plans for food safety incidents in their administrative region pursuant to the provisions of the relevant laws, regulations and the contingency plans for food safety incidents of the higher-level People's Government, and in accordance with the actual conditions of the administrative region, and file their contingency plans with the higher-level People's Government.

Contingency plans for food safety incidents shall stipulate on grading of food safety incident, command system and responsibilities for the incidents handling organisation, prevention and early warning mechanisms, handling procedures, emergency safeguard measures etc.

Food manufacturing and food business enterprises shall formulate action plans for handling of food safety incidents, inspect implementation of their food safety incident preventive measures on a regular basis, and promptly eliminate hazards.

Article 103    In the event of a food safety incident the organisation shall forthwith adopt measures to prevent escalation. The organisation and the hospital(s) receiving patients for treatment shall promptly report to the food safety supervision and administration department and the health administration department of the county People's Government at the place of occurrence of the incident.

The agricultural administration department of the People's Governments of county level and above shall, upon discovery of a food safety incident during day-to-day supervision and administration or upon receipt of a report of an incident, forthwith notify the food safety supervision and administration department of counterpart level.

Upon occurrence of a food safety incident, the food safety supervision and administration department of the county People's Government which receives the report shall notify the county People's Government and the food safety supervision and administration department of the higher-level People's Government pursuant to the provisions of the contingency plans.

The food safety supervision and administration department of the county People's Government and the higher-level People's Government shall report to the higher-level authorities pursuant to the provisions of the contingency plans.

No organisation or individual shall conceal, make false report or delay reporting of a food safety incident, or conceal, forge or destroy the relevant evidence.

Article 104    Where a medical institution discovers or suspects that its patient(s) is/are suffering from a foodborne disease, it shall promptly report the relevant information to the health administration department of the county People's Government at the locality pursuant to the provisions. Where the health administration department of the county People's Government deems that the case relates to food safety, it shall promptly notify the food safety supervision and administration department of counterpart level.

Where the health administration authorities of People's Governments of county level and above discover food safety-related information during investigation and handling of a contagious disease or a public health emergency, it shall promptly notify the food safety supervision and administration department of counterpart level.

Article 105    The food safety supervision and administration department of the People's Governments of county level and above shall, upon receipt of a report of food safety incident, forthwith carry out investigation and take action jointly with the health administration department, agricultural department etc of counterpart level, and adopt the following measures to prevent or mitigate social harm:

(1) carry out emergency rescue, and organise treatment of persons who suffer personal injury in a food safety incident;

(2) seal up foodstuffs and ingredients thereof which may have attributed to the food safety incident, and forthwith conduct inspection; where the foodstuffs and ingredients thereof are confirmed to be contaminated, the food manufacturers and business operators shall be ordered to recall the foodstuffs or cease business operation pursuant to the provisions of Article 63 of this Law;

(3) seal up contaminated food-related products, and order that cleaning and disinfection be carried out; and

(4) conduct proper dissemination of information, make announcement of the food safety incident and action taken pursuant to the law, and provide explanation on possible hazards arising therefrom.

Where it is necessary to activate the contingency plan in the event of occurrence of a food safety incident, the People's Governments of county level and above shall forthwith set up a command centre for the incident, activate the contingency plan, and take action pursuant to the provisions of the preceding paragraph and the contingency plan.

In the event of a food safety incident, the disease prevention and control agency of county level and above shall conduct sanitisation of the incident premises, and conduct epidemiological investigation on factors relating to the incident, and the relevant authorities shall render assistance. The disease prevention and control agency of county level and above shall submit the epidemiological investigation report to the food safety supervision and administration department and the health administration department of counterpart level.

Article 106    In the event of a food safety incident, the food safety supervision and administration department of the People's Government of the municipality divided into districts and above shall, jointly with the relevant authorities, forthwith conduct investigation of accident liability, supervise the relevant authorities to perform their duties, and submit an accident liability investigation and action report to the People's Government of counter level and the food safety supervision and administration department of the higher-level People's Government.

In the case of a serious food safety incident involving two or more provinces, autonomous regions or centrally-administered municipalities, the food safety supervision and administration department of the State Council shall organise investigation of accident liability pursuant to the provisions of the preceding paragraph.

Article 107    Investigation of food safety incidents shall comply with the principles of seeking the truth from facts and respect for science, the nature and reason for the incident shall be investigated promptly and accurately, the accident liability shall be determined, and the corrective measures shall be recommended.

In the investigation of a food safety incident, in addition to determination of the liability of the organisation in which the incident occurs, the liability of the relevant supervision and administration authorities, food inspection organisations, accreditation authorities and their personnel shall also be determined.

Article 108    The authorities investigating into a food safety incident shall have the right to find out the relevant information from the relevant organisations and individuals, and request them to provide the relevant materials and samples. The relevant organisations and individuals shall cooperate and provide the relevant materials and samples as required, and shall not refuse to do so.

No organisation or individual shall hinder or interfere with the investigation and handling of a food safety incident.

Chapter 8 Supervision and Administration

Article 109    The food and drug supervision and administration and the quality supervision department of the People's Governments of county level and above shall, based on food safety risk monitoring, risk assessment findings and food safety conditions etc, determine the priority, method and frequency for supervision and administration, and implement administration of risks by grade.

The People's Governments of county level and above shall organise their food safety supervision and administration department, agricultural administration department etc to formulate the annual supervision and administration plan for food safety in their administrative region, announce to the public and organise implementation of the plan.

The annual supervision and administration plan for food safety shall list the following matters as priorities for supervision and administration:

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

(2) additions in the manufacturing of health food and organising of manufacturing based on registered or filed technical requirements, assertions of functions in labels and instructions, as well as promotional materials of health food;

(3) food manufacturers and business operators with higher risks of occurrence of a food safety incident; and

(4) matters indicated in the food safety risk monitoring findings to be possible food safety hazards.

Article 110    The food safety supervision and administration department of the People's Governments of county level and above shall perform its food safety supervision and administration duties, and shall have the right to adopt the following measures to conduct supervision and inspection of compliance by manufacturers and business operators of this Law:

(1) enter the manufacturing and business premises to conduct onsite inspection;

(2) conduct random sampling inspection of foodstuffs, food additives and food-related products from the manufacturing and business operation;

(3) inspect and make copies of the relevant contracts, receipts, accounts books and other relevant materials;

(4) seal up and confiscate foodstuffs, food additives and food-related products for which there is evidence to prove that they do not comply with food safety standards or there are safety hazards and that they are used in illegal manufacturing and business operation; and

(5) seal up premises where illegal manufacturing and business operation are carried out.

Article 111    Where the food safety risk assessment findings show that there are safety hazards, and it is necessary to formulate and revise food safety standards, the health administration department of the State Council shall, prior to formulation and revision of food safety standards, promptly stipulate the provisional restriction of quantity and provisional inspection method for harmful substances in foodstuffs jointly with the relevant department(s) of the State Council, which shall serve as the basis for manufacturing and business operation and supervision and administration.

Article 112    The food safety supervision and administration department of the People's Governments of county level and above may, in the food safety supervision and administration, adopt fast detection method stipulated by the State to conduct random sampling inspection of foodstuffs.

Where the random sampling inspection findings show that the foodstuffs may not comply with food safety standards, inspection shall be carried out pursuant to the provisions of Article 87 of this Law. Where the random sampling inspection findings confirm that the relevant foodstuffs do not comply with food safety standards, the findings may serve the basis for administrative punishment.

Article 113    The food safety supervision and administration department of the People's Governments of county level and above shall establish food safety integrity files for food manufacturers and business operators, record information such as issuance of permits, day-to-day supervision and inspection findings, investigation and handling of illegal acts, announce to the public pursuant to the law, and update the records real-time; food manufacturers and business operators with poor integrity records shall be subject to increased supervision and inspection frequency, and the investment administration authorities, securities regulatory authorities and related financial institutions shall be notified of food manufacturers and business operators who have committed serious illegal acts.

Article 114    Where a food manufacturer or business operator does not promptly adopt measures to eliminate food safety hazards found in its food manufacturing or food business operation, the food safety supervision and administration department of the People's Governments of county level and above may schedule an accountability interview with the legal representative or key person(s)-in-charge of the food manufacturer or business operator. The food manufacturer or business operator shall forthwith adopt measures to rectify the situation and eliminate the hazards. The accountability interview and rectification information shall be included in the food safety integrity file of the food manufacturer or business operator.

Article 115    The food safety supervision and administration department of the People's Governments of county level and above shall announce their email address or hotline for receiving consultation, complaints or reports. Upon receipt of a consultation, complaint or report which falls under the department's duties, the consultation, complaint or report shall be accepted, and the department shall promptly reply, verify and handle the consultation, complaint or report within the statutory period; where the consultation, complaint or report does not fall under the department's duties, the case shall be forwarded to the rightful authorities for handling, and the person who lodges the consultation, complaint or report shall be notified in writing. The rightful authorities shall promptly handle the case within the statutory period and shall not shirk responsibilities. For verified reports, the informant shall be duly rewarded.

The relevant authorities shall keep confidentiality of the information of informants, and protect the legitimate rights and interests of informants. Where an informant reports his/her employer, the enterprise shall not retaliate against the informant by rescission, change of labour contract or via any other means.

Article 116    The food safety supervision and administration department of the People's Governments of county level and above shall strengthen training of enforcement personnel for food safety laws, regulations, standards and professional knowledge, enforcement capability etc, and organise examinations. Persons who are not equipped with the corresponding knowledge and capability shall not engage in food safety enforcement work.

Food manufacturers and business operators, food industry associations, consumer associations etc may complain or report any violation of laws, regulations and irregularity in enforcement by food safety enforcement personnel in the enforcement process, to the food safety supervision and administration department, quality supervision department etc of the People's Government or the higher-level People's Government or the surveillance authorities. The department or authorities in receipt of the complaint or report shall verify and notify the department of the food safety enforcement personnel the reports of the findings; persons who allegedly commit an illegal act or disciplinary violation shall be handled pursuant to this Law and the relevant provisions.

Article 117    Where the food safety supervision and administration department etc of the People's Governments of county level and above failed to promptly discover food safety systemic risks or failed to promptly eliminate food safety hazards within their supervision and administration region, the People's Government may arrange an accountability interview with the key person(s)-in-charge of the department.

Where a local People's Government does not perform food safety duties and failed to promptly eliminate serious regional food safety hazards, the higher-level People's Government may arrange an accountability interview with the key person(s)-in-charge of the local People's Government.

The food safety supervision and administration authorities etc and the local People's Government which have undergone an accountability interview shall forthwith adopt measures to rectify food safety supervision and administration.

The accountability interview and rectification information shall be included in the food safety supervision and administration assessment and appraisal records of the local People's Government and the relevant authorities.

Article 118    The State shall establish a unified food safety information platform, and implement a unified announcement system for food safety information. Overall food safety information of the State, food safety risk warning information, information on serious food safety incidents and investigation and handling thereof and any other information to be announced on a unified basis as determined by the State Council shall be announced by the food safety supervision and administration department of the State Council on a unified basis. Where the impact of food safety risk warning information and information on serious food safety incidents and investigation and handling thereof is limited to a specific region, announcement may be made by the relevant food safety supervision and administration department of the People's Government of province, autonomous region or centrally-administered municipality. The aforesaid information shall not be announced without authorisation.

The food safety supervision and administration department and agricultural administration department of the People's Governments of county level and above shall announce day-to-day food safety supervision and administration information in accordance with their respective duties.

Announcement of food safety information shall be accurate and timely, and the necessary explanation shall be provided to avoid misleading consumers and the public.

Article 119    The food safety supervision and administration department, health administration department and agricultural administration department of the local People's Governments of county level and above shall report to their higher-level authorities upon obtaining information which is required to be announced on a unified basis as stipulated in this Law, and the higher-level authorities shall forthwith report to the food safety supervision and administration department of the State Council; where necessary, the report may be made directly to the food safety supervision and administration department of the State Council.

The food safety supervision and administration department, health administration department, quality supervision department and agricultural administration department of the People's Governments of county level and above

shall notify one another of the food safety information.

Article 120    No organisation or individual shall fabricate or disseminate false food safety information.

The food safety supervision and administration department of the People's Governments of county level and above shall, upon discovery of food safety information which may mislead consumers and the public, forthwith organise the relevant authorities, professional organisations, the relevant food manufacturers and business operators etc to conduct verification and analysis, and promptly announce the findings.

Article 121    The food safety supervision and administration department of the People's Governments of county level and above shall, upon discovery of an alleged food safety crime, promptly forward the case to the public securities authorities pursuant to the relevant provisions. The public security authorities shall promptly examine; where it is deemed necessary to pursue criminal liability for the crime, the public security authorities shall set up a case file and conduct investigation.

Where the public security authorities conclude that the case is not a criminal offence upon investigation or that the criminal office is minor and there is no need to pursue criminal liability but it is necessary to pursue administrative liability pursuant to the law, the case shall be promptly forwarded to the food safety supervision and administration authorities, quality supervision authorities etc and surveillance authorities, and the relevant authorities shall handle the case pursuant to the law.

Where the public security authorities consult the food safety supervision and administration authorities, quality supervision authorities, ecological protection authorities etc and request for assistance such as provision of inspection conclusion or opinion, as well as conducting innocuous treatment of items involved in the case etc, the relevant authorities shall promptly provide assistance.

Chapter 9 Legal Liability

Article 122    Food manufacturers and food business operators who violate the provisions of this Law in engaging in food manufacturing and food business operations without obtaining a food manufacturing and food business operations permit or engaging in manufacturing of food additives without obtaining a manufacturing permit for food additives shall have their illegal income, foodstuffs or food additives from the illegal manufacturing or business activities, tools, equipment, ingredients used in the illegal manufacturing and business activities confiscated by the food safety supervision and administration department of the People's Governments of county level and above; where the value of the foodstuffs, food additives from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed; where the value of the foodstuffs or food additives is RMB10,000 or more, a fine ranging from 10 to 20 times the value of the foodstuffs or food additives shall be imposed.

Persons who provide manufacturing or business premises or any other facilitation when they are aware that the food manufacturer or business operator is committing an illegal act stipulated in the preceding paragraph shall be ordered by the food safety supervision and administration department of the People's Governments of county level and above to stop the illegal act, the illegal income shall be confiscated and a fine ranging from RMB50,000 to RMB100,000 shall be imposed; where the illegal act compromises the legitimate rights and interests of consumers, such persons shall bear joint and several liability with the food manufacturer or business operator of foodstuffs and/or food additives.

Article 123    For violations of the provisions of this Law under any of the following circumstances which does not constitute a criminal offence, the food safety supervision and administration department of the People's Governments of county level and above shall confiscate the illegal income and foodstuffs from the illegal manufacturing or business activities, and confiscate tools, equipment, ingredients used in the illegal manufacturing or business activities; where the value of the foodstuffs from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB100,000 to RMB150,000 shall be imposed; where the value of the foodstuffs is RMB10,000 or more, a fine ranging from 15 to 30 times the value of the foodstuffs shall be imposed; in serious cases, the permit shall be revoked, and the public security authorities may detain the directly accountable person(s)-in-charge and other directly accountable personnel for five to 15 days:

(1) use of non-food ingredients in manufacturing of foodstuffs, addition of chemical substances and other substances which may harm human health other than food additives in foodstuffs, or use recycled foodstuffs as ingredients for manufacturing of foodstuffs, or engage in business operation of the aforesaid foodstuffs;

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

(3) business operation of 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, or manufacturing and business operation of products thereof;

(4) business operation of meat which has not undergone quarantine or failed quarantine, or meat products which have not undergone inspection or failed inspection;

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

(6) manufacturing and business operation of foodstuffs in which drugs are added.

Persons who provide manufacturing or business premises or any other facilitation when they are aware that the food manufacturer or business operator is committing an illegal act stipulated in the preceding paragraph shall be ordered by the food safety supervision and administration department of the People's Governments of county level and above to stop the illegal act, the illegal income shall be confiscated, and a fine ranging from RMB100,000 to RMB200,000 shall be imposed; where the illegal act compromises the legitimate rights and interests of consumers, such persons shall bear joint and several liability with the food manufacturer or business operator.

Persons who use hyper toxic or highly toxic pesticides illegal shall, in addition to being punished pursuant to the provisions of the relevant laws and regulations, be detained by the public security authorities pursuant to the provisions of the first paragraph.

Article 124    For violations of the provisions of this Law under any of the following circumstances which does not constitute a criminal offence, the food safety supervision and administration department of the People's Governments of county level and above shall confiscate the illegal income and foodstuffs or food additives from the illegal manufacturing or business activities, and may at the same time confiscate the tools, equipment, ingredients used in the illegal manufacturing or business activities; where the value of the foodstuffs or food additives from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed at the same time; where the value of the foodstuffs or food additives is RMB10,000 or more, a fine ranging from 10 to 20 times the value of the foodstuffs or food additives shall be imposed at the same time; in serious cases, the permit shall be revoked:

(1) manufacturing and business operation of foodstuffs and food additives containing pollutants such as pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals and other substances harmful to human health which exceed the restricted quantity stipulated by food safety standards;

(2) manufacturing of foodstuffs and food additives using food ingredients and food additives with expired shelf life, or business operation of the aforesaid foodstuffs and food additives;

(3) manufacturing and business operation of foodstuffs which use food additives beyond the scope and stipulated quantity;

(4) manufacturing and business operation of foodstuffs and food additives which are rotten and deteriorated, rancid, mildewed, dirty, contaminated, adulterated or displaying abnormal sensory traits;

(5) manufacturing and business operation of foodstuffs and food additives indicating false date of manufacture and shelf life, or foodstuffs and food additives with expired shelf life;

(6) manufacturing and business operation of health food, special formula foodstuffs for special medical purposes or infant formula milk powder which have not been registered pursuant to the provisions, or manufacturing which do not comply with the registered technical requirements such as product formula and manufacturing process;

(7) Manufacturing of infant formula milk powder which adopts separate packaging method, or manufacturing by the same enterprise using the same formula to manufacture different brands of infant formula milk powder;;

(8) using new food ingredients for manufacturing of foodstuffs, or manufacturing of new types of food additives, which have not undergone safety assessment;

(9) food manufacturers and business operators who refuse to recall foodstuffs or cease operation after being ordered by the food safety supervision and administration department to do so;

Except for the circumstances stipulated in the preceding paragraph and Article 123 and Article 125 of this Law, manufacturers and business operators of foodstuffs and food additives who do not comply with laws and regulations or food safety standards shall be punished pursuant to the provisions of the preceding paragraph.

Persons who manufacture new types of food-related products, which do not pass safety assessment or who manufacture food-related products which do not comply with food safety standards shall be punished by the food safety department of People's Governments of county level and above pursuant to the provisions of the first paragraph.

Article 125    For violations of the provisions of this Law under any of the following circumstances, the food safety supervision and administration department of the People's Governments of county level and above shall confiscate the illegal income and foodstuffs and food additives from the illegal manufacturing or business activities, and may at the same time confiscate the tools, equipment and ingredients used in the illegal manufacturing or business activities; where the value of the foodstuffs or food additives from the illegal manufacturing or business activities is less than RMB10,000, a fine ranging from RMB5,000 to RMB50,000 shall be imposed at the same time; where the value of foodstuffs or food additives is RMB10,000 or more, a fine ranging from five to 10 times the value of the foodstuffs, food additives shall be imposed at the same time; in serious cases, the offender shall be ordered to cease manufacturing or business operation and at worst the permit may be revoked:

(1) manufacturing and business operation of foodstuffs and food additives which are contaminated by the packaging material, container, transportation vehicle etc;

(2) manufacturing and business operation of pre-packed foodstuffs and food additives without labels, or foodstuffs and food additives with labels and instructions that do not comply with the provisions of this Law;

(3) manufacturing and business operation of genetically-modified foodstuffs without labeling pursuant to the provisions;

(4) food manufacturers and business operators purchasing or using food ingredients, food additives and food-related products which do not comply with food safety standards.

Manufacturers and business operators of foodstuffs and food additives with defective labels and instructions which do not affect food safety or mislead cconsumers shall be ordered by the food safety supervision and administration department of the People's Governments of county level and above to make correction; manufacturers and business operators who refuse to make correction shall be subject to a fine of not more than RMB2,000.

Article 126    For violations of the provisions of this Law under any of the following circumstances, the food safety supervision and administration department of the People's Governments of county level and above shall order the offender to make correction, a warning shall be issued; where the offender refuses to make correction, a fine ranging from RMB5,000 to RMB50,000 shall be imposed; in serious cases, the offender shall be ordered to cease manufacturing or business operation and at worst the permit may be revoked:

(1) manufacturers of foodstuffs and food additives failed to inspect purchased food ingredients and manufactured foodstuffs and food additives pursuant to the provisions;

(2) food manufacturing enterprises and food business enterprises which do not establish a food safety management system pursuant to the provisions, or do not employ or train, appraise food safety management personnel;

(3) manufacturers and business operators of foodstuffs and food additives do not inspect permit and the relevant proof documents when receiving purchased goods, or failed to establish a system for inspection records for purchased goods, inspection records for ex-factory inspection and sales records and failed to keep such records pursuant to the provisions;

(4) food manufacturing enterprises and food business enterprises do not formulate a contingency plan for food safety incidents;

(5) tableware, kitchenware and containers for food that can be consumed directly are not cleaned or disinfected before use, or that the cleaning, disinfection thereof do not pass inspection, or fail to conduct maintenance, cleaning and calibration of facilities and equipment of food and beverage services pursuant to the provisions;

(6) food manufacturers and business operators arrange persons who have not obtain a health certificate or persons who are diagnosed with illnesses which may impede food safety as stipulated by the health administration department of the State Council, to engage in work which has direct contact with food that can be consumed directly;

(7) food business operators failed to sell foodstuffs pursuant to the provisions;

(8) health food manufacturing enterprises failed to file record with the food safety supervision and administration department, or failed to organise manufacturing pursuant to filed technical requirements such as product formula and manufacturing process;

(9) infant formula manufacturing enterprises failed to file food ingredients, food additives, product formula, labels etc with the food safety supervision and administration authorities;

(10) special food manufacturing enterprises failed to establish and operate a manufacturing quality assurance system pursuant to the provisions, or failed to submit self-inspection reports on a regular basis;

(11) food manufacturers and business operators failed to conduct inspection and appraisal of food safety conditions on a regular basis, or failed to deal with changes in manufacturing or business conditions pursuant to the provisions;

(12) centralised canteens of schools, nurseries, nursing homes, construction sites etc failed to perform food safety management responsibilities pursuant to the provisions; or

(13) food manufacturing enterprises, food and beverage service providers failed to formulate, implement control requirements for manufacturing or business process.

Where a tableware or kitchenware centralised disinfection service provider violates the provisions of this Law in water consumption or use of detergent, disinfectant, or where the delivered tableware, kitchenware do not pass inspection pursuant to the provisions and are not attached with a disinfection certificate, or where the relevant contents are not stated on independent packaging pursuant to the provisions, the health administration authorities of People's Governments of county level and above shall impose punishment pursuant to the provisions of the preceding paragraph.

Manufacturers of food-related products who failed to inspect food-related products manufactured by them pursuant to the provisions shall be punished by the food safety department of the People's Government of county level and above pursuant to the provisions of the first paragraph.

Sellers of edible agricultural products who violate the provisions of Article 65 of this Law shall be punished by the food safety supervision and administration department of the People's Governments of county level and above pursuant to the provisions of the first paragraph.

Article 127    Punishment for small food manufacturing and processing workshops, food hawkers etc who have committed an illegal act shall be implemented pursuant to the detailed administrative measures formulated by the province, autonomous region or centrally-administered municipality.

Article 128    Organisations which failed to take action for or report a food safety incident shall be ordered by the relevant authorities to make correction based on their respective duties and be given a warning; organisations guilty of concealing, forgery and destroying the relevant evidence shall be ordered to cease operation, illegal income shall be confiscated, and a fine ranging from RMB100,000 to RMB500,000 shall be imposed; where the consequences are serious, the permit shall be revoked.

Article 129    Persons who violate the provisions of this Law under any of the following circumstances shall be punished by the inbound and outbound inspection and quarantine agency pursuant to the provisions of Article 124 of this Law:

(1) provide false materials to import foodstuffs, food additives and food-related products which do not comply with food safety standards of the State;

(2) import foodstuffs for which food safety standards of the State do not apply and which have not undergone examination by the health administration department of the State Council, or import foodstuffs manufactured using new food ingredients or important of new types of food additives or food-related products which have not undergone safety assessment;

(3) exportation of foodstuffs against the provisions of this Law; and

(4) an importer is ordered by the relevant authorities to recall imported foodstuffs pursuant to the provisions of this Law but refuse to do so.

Importers who violate the provisions of this Law in failing to establish and implement a system for recording importation and sale of foodstuffs and food additives and a system for examination of overseas exporters or manufacturing enterprises shall be punished by the inbound and outbound inspection and quarantine agencies pursuant to the provisions of Article 126 of this Law.

Article 130    Organisers of centralised trading markets, lessors of counters and organisers of exposition fairs who violate the provisions of this Law in allowing food business operators who have not obtained a permit pursuant to the law to sell foodstuffs at the markets or fairs, or who failed to perform inspection, reporting obligations etc, shall be ordered by the food safety supervision and administration department of the People's Governments of county level and above to make correction, illegal income shall be confiscated, and a fine ranging from RMB50,000 to RMB200,000 shall be imposed at the same time; where the consequences are serious, the offender shall be ordered to cease operation and at worst the permit shall be revoked by the issuing authorities; where the legitimate rights and interests of consumers are harmed, the offender shall bear joint and several liability with the food business operator.

Wholesale markets of edible agricultural products which violate the provisions of Article 64 of this Law shall bear liability pursuant to the provisions of the preceding paragraph.

Article 131    Third party platform providers of online transactions of foodstuffs who violate the provisions of this Law in failing to implement real name registration and examination of permit for participating food business operators, or failing to perform the obligations of reporting a violation, ceasing to provide online trading platform services etc, shall be ordered by the food safety supervision and administration department of the People's Governments of county level and above to make correction, illegal income shall be confiscated, and a fine ranging from RMB50,000 to RMB200,000 shall be imposed at the same time; where the consequences are serious, the offender shall be ordered to cease operation, and at worst the permit shall be revoked by the issuing authorities; where the legitimate rights and interests of consumers are harmed, the offender shall bear joint and several liability with the food business operator.

Consumers whose legitimate rights and interests are harmed when they purchase foodstuffs through a third party platform for online transactions of foodstuffs may seek compensation from the participating food business operator or food manufacturer. Where the third party platform provider of online transactions of foodstuffs is unable to provide the real name, address and valid contact details of the participating food business operator, the third party platform providers of online transactions of foodstuffs shall make compensation. After the third party platform provider of online transactions of foodstuffs has made compensation, it has the right to seek recourse from the participating food business operator or food manufacturer. Where the third party platform provider of online transactions of foodstuffs makes a commitment which is more beneficial to the consumers, it shall perform the commitment.

Article 132    Persons who violate the provisions of this Law in failing to carry out storage, transportation, loading and unloading of foodstuffs pursuant to the requirements shall be ordered by the food safety supervision and administration department etc of the People's Governments of county level and above to make correction based on their respective duties and be given a warning; offenders who refuse to make correction shall be ordered to cease operation and be subject to a fine ranging from RMB10,000 to RMB50,000; in serious cases, the permit shall be revoked.

Article 133    Persons who violate the provisions of this Law in refusing, hindering and interfering with food safety supervision and administration, investigation and handling of incident, risk monitoring and risk assessment carried out by the relevant authorities, organisations and personnel pursuant to the law, shall be ordered by the relevant authorities in charge to cease operation based on their respective duties and be subject to a fine ranging from RMB2,000 to RMB50,000; in serious cases, the permit shall be revoked; where the violation constitutes a violation of public security administration, the offender shall be subject to public security administration punishment imposed by the public security authorities pursuant to the law.

Employers who violate the provisions of this Law in retaliating against informants by rescission, change of labour contract or via any other means shall bear liability pursuant to the provisions of the relevant laws.

Article 134    Food manufacturers and business operators who are ordered to cease operation, subject to punishment other than revocation of permit for violation of the provisions of this Law on three occasions cumulatively within a year shall be ordered by the food safety supervision and administration department to cease operation, and at worst the permit shall be revoked.

Article 135    Food manufacturers and business operators whose permit is revoked and their legal representative, directly accountable person(s)-in-charge and other directly accountable personnel shall not, within five years from the date of the punishment decision, apply for a food manufacturing and food business operation permit, or engage in management of food manufacturing and food business operations or be appointed as food safety management personnel of a food manufacturing or food business enterprise.

Persons who are sentenced to limited time prison term for a food safety crime shall be permanently barred from engaging in management of food manufacturing and food business operations, and from being appointed as food safety management personnel of a food manufacturing or food business enterprise.

Where the employee(s) of a food manufacturer or business operator has/have violated the provisions of the two preceding paragraphs, the food safety supervision and administration department of the People's Governments of county level and above shall revoke the permit of the food manufacturer or business operator.

Article 136    Where a food business operator has performed the obligation of inspecting its purchases stipulated by this Law, has adequate evidence to prove that it is not aware that the purchased foodstuffs do not comply with food safety standards, and is able to state the source of the purchases truthfully, it shall be exempted from punishment but the foodstuffs which do not comply with food safety standards shall be confiscated pursuant to the law; where there are personal, property or other damages arising therefrom, it shall bear compensation liability pursuant to the law.

Article 137    In the case of technical organisations undertaking food safety risk monitoring and risk assessment work and technical personnel thereof violate the provisions of this Law in providing false monitoring and assessment information, the directly accountable person(s)-in-charge and technical personnel of the technical organisation shall be removed from job position or dismissed pursuant to the law; the practising certificate shall be revoked by the issuing authorities in charge.

Article 138    In the case of food inspection organisations, food inspection personnel that violate the provisions of this Law in issuing a false inspection report, the issuing authorities or organisation shall revoke the inspection qualification of the food inspection organisations, confiscate the inspection fees collected by the food inspection organisation, and at the same time impose a fine ranging from five to 10 times the amount of the inspection fees; where the amount of the inspection fees is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed; the directly accountable person(s)-in-charge and food inspection personnel of the food inspection organisation shall be removed from job position; where the violation causes a serious food safety incident, the directly accountable person(s)-in-charge and food inspection personnel shall be dismissed.

Personnel of food inspection organisations who are dismissed for violation of the provisions of this Law shall not engage in food inspection work within 10 years from the date of the punishment decision; personnel of food inspection organisations who are subject to criminal punishment for committing an illegal act involving food safety or are dismissed due to issuance of a false inspection report which causes a serious food safety incident shall be permanently barred from engaging in food inspection work. The inspection qualification of food inspection organisations employing persons who are barred from engaging in food inspection work shall be revoked by the issuing authorities or organisation.

Food inspection organisations issuing a false inspection report which causes harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.

Article 139    In the case of accreditation agencies which violate the provisions of this Law in issuing a false accreditation opinion, the accreditation supervision and administration authorities shall confiscate the accreditation fees collected, and at the same time impose a fine ranging from five to 10 times the amount of the accreditation fees; where the amount of the accreditation fees is less than RMB10,000, a fine ranging from RMB50,000 to RMB100,000 shall be imposed at the same time; in serious cases, the accreditation agency shall be ordered to cease operation, and at worst the approval document for accreditation agency shall be revoked an announcement shall be made; the practising qualification of directly accountable person(s)-in-charge and directly accountable accreditation personnel shall be revoked.

Accreditation agencies issuing a false accreditation opinion which causes harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.

Article 140    Persons who violate the provisions of this Law in making false promotion for foodstuffs in advertisements to defraud consumers, or in publishing health food advertisements for which an approval document has not been obtained and the advertisement contents are inconsistent with the approval document, shall be punished pursuant to the provisions of the Advertising Law of the People's Republic of China.

Advertising firms and publishers who design, produce and publish false advertisements of foodstuffs and cause harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.

Social bodies or other organisations and individuals recommending foodstuffs to consumers through false advertisements or other false promotion which cause harm to the legitimate rights and interests of consumers shall bear joint and several liability with the food manufacturer or business operator.

Where the food safety supervision and administration authorities etc, food inspection organisations, food industry associations violate the provisions of this Law in recommending foodstuffs to consumers through advertisements or any other means, or where consumer organisations violate the provisions of this Law in recommending foodstuffs to consumers with the purpose of collecting fees or seeking gains, the relevant authorities in charge shall confiscate the illegal income, and the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued serious demerits, demoted or removed from their job position pursuant to the law; in serious cases, they shall be dismissed.

In the case of false promotion of foodstuffs, where the case is serious, the food safety supervision and administration department of the People's Governments of provincial level and above shall decide to suspend sale of the said foodstuffs and make an announcement; persons who continue to sell the said foodstuffs shall have their illegal income and illegally sold foodstuffs confiscated by the food safety supervision and administration department of the People's Governments of county level and above, and be subject to a fine ranging from RMB20,000 to RMB50,000.

Article 141    Persons who violate the provisions of this Law in fabricating and disseminating false food safety information shall be subject to public security administration punishment imposed by the public security authorities pursuant to the law, if the violation constitutes a violation of public security administration.

Media fabricating and disseminating false food safety information shall be punished by the relevant authorities in charge pursuant to the law, and the directly accountable person(s)-in-charge and other directly accountable personnel shall be punished; where the legitimate rights and interests of citizens, legal persons or other organisations are harmed, the offender shall bear civil liability such as elimination of impact, reinstatement of reputation, compensation of damages and apology pursuant to the law.

Article 142    Where a local People's Government of county level and above violates the provisions of this law in committing any of the following acts, the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued serious demerits; in relatively serious cases, they shall be demoted or removed from job position; in serious cases, they shall be dismissed; where the consequences are serious, the key person(s)-in-charge shall admit responsibility and resign:

(1) failure to promptly organise and coordinate the relevant authorities to take effective action for a food safety incident which occurs within their administrative region, resulting in adverse impact or losses;

(2) failure to promptly organise rectification of a regional food safety issue within their administrative region which involves multiple segments, resulting in adverse impact or losses;

(3) concealing, making false report or delay in reporting of a food safety incident; or

(4) occurrence of particularly serious food safety incident within their administrative region or consecutive occurrences of serious food safety incidents within their administrative region.

Article 143    Where a local People's Government of county level and above violates the provisions of this law in committing any of the following acts, the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued a warning, demerits or serious demerits; where there are serious consequences, they shall be demoted or removed from job position:

(1) failure to determine the food safety supervision and administration duties of the relevant authorities, failure to establish and improve upon a full process food safety supervision and administration work mechanism and the information sharing mechanism, failure to implement a food safety supervision and administration accountability system; or

(2) failure to formulate contingency plans for food safety incidents in their administrative region, or failure to forthwith establish a command centre and activate contingency plans pursuant to the provisions upon occurrence of a food safety incident.

Article 144    Where the food safety supervision and administration department, health administration department or agricultural administration department of a People's Government of county level and above violates the provisions of this law in committing any of the following acts, the directly accountable person(s)-in-charge and other directly accountable personnel shall be issued serious demerits; in relatively serious cases, they shall be demoted or removed from job position; in serious cases, they shall be dismissed; where there are serious consequences, the key person(s)-in-charge shall admit responsibility and resign:

(1) concealing, making false report or delay in reporting of a food safety incident;

(2) failure to investigate and handle a food safety incident pursuant to the provisions, or failure to promptly take action upon receipt of a report of food safety incident, resulting in escalation or spreading of the incident;

(3) failure to promptly adopt the corresponding measures upon

learning of an unsafe conclusion following food safety risk assessment of foodstuffs, food additives and food-related products, resulting in occurrence of a food safety incident or adverse social impact;

(4) granting permit to applicants who do not satisfy the criteria or granting permit ultra vires; or

(5) failure to perform food safety supervision and administration duties, resulting in occurrence of a food safety incident.

Article 145    Where the food safety supervision and administration department, health administration department or agricultural administration department of a People's Government of county level and above violates the provisions of this law in committing any of the following acts which causes adverse consequences, the directly accountable person(s)-in-charge and other directly accountable personnel shall be given a warning and issued demerits or serious demerits; in relatively serious cases, they shall be demoted or removed from job position; in serious cases, they shall be dismissed.

(1) failure to report to the higher-level authorities or the People's Government pursuant to the provisions upon obtaining the relevant food safety information, or failure to notify one another pursuant to the provisions upon obtaining the relevant food safety information;

(2) failure to announce food safety information pursuant to the provisions; or

(3) failure to perform statutory duties, failure to cooperate in investigation and handling of illegal acts involving food safety, or guilty of abusing official powers, dereliction of duties or corruption.

Article 146    Where the food safety supervision and administration authorities implement enforcement measures such as inspection and compulsory enforcement against the law in the course of food safety supervision and administration and thus cause a food manufacturer or business operator to incur losses, compensation shall be made pursuant to the law, and the directly accountable person(s)-in-charge and other directly accountable personnel shall be punished pursuant to the law.

Article 147    Persons who violate the provisions of this Law in causing personal, property or other damages shall bear compensation liability pursuant to the law. Where the assets of a food manufacturer or business operator are inadequate for both civil compensation liability and payment of fines and penalties, civil compensation shall rank first.

Article 148    Consumers who suffer damages due to foodstuffs which do not comply with food safety standards may seek compensation of losses from the business operator or the manufacturer. Food manufacturers and business operators from which compensation is sought by consumers shall accept first accountability and make compensation, shall not shirk responsibilities; where the manufacturer is accountable, the business operator shall have the right to seek recourse from the manufacturer after making compensation; where the business operator is accountable, the manufacturer shall have the right to seek recourse from the business operator after making compensation.

In the case of manufacturing of foodstuffs which do not comply with food safety standards or business operators who trade in foodstuffs which they are aware to be non-compliant with food safety standards, consumers may, in addition to seeking compensation for losses, require the manufacturer or business operator to pay damages based on 10 times the amount paid by them or three times the amount of their losses; where the additional compensation amount is less than RMB1,000, it shall be deemed RMB1,000. The exception is when the labels and instructions of foodstuffs are defective but do not affect food safety or mislead consumers.

Article 149    Where a violation of the provisions of this Law constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Chapter 10 Supplementary Provisions

Article 150    The following terms used in this Law shall be defined as follows:

Foodstuffs shall mean various finished products and raw materials for human consumption and drinking and traditional Chinese herbal medicines which are foodstuffs, but shall exclude items for therapeutic purposes.

Food safety shall mean that foodstuffs are non-toxic and harmless, comply with the requisite nutrient requirements, and do not cause any acute, sub-acute or chronic harm to human health.

Pre-packed foodstuffs shall mean foodstuffs that are pre-packed in fixed quantities or manufactured in packaging materials and containers.

Food additives shall mean synthetic or natural substances which are added to foodstuffs to improve food quality and colour, flavour and taste, and for preservation and anti-staling purposes and as required in the processing workflow, including nutritional fortifier.

Packaging materials and containers for foodstuffs shall mean products made of paper, bamboo, wood, metal, enamel, ceramics, plastic, rubber, natural fibre, chemical fibre, glass etc used for packaging or display of foodstuffs or food additives, and coatings which have direct contact with foodstuffs or food additives.

Tools and equipment used in food manufacturing and business operations shall mean machinery, pipelines, conveyor belts, containers, utensils, tableware etc which have direct contact with foodstuffs or food additives in the course of manufacturing, sale or use of foodstuffs or food additives.

Detergents and disinfectants used for foodstuffs shall mean substances used directly in cleaning or disinfection of foodstuffs, tableware and kitchenware, as well as tools or equipment that have direct contact with foodstuffs or the packaging materials and containers of foodstuffs.

Shelf-life shall mean the duration during which the quality of foodstuffs is maintained when stored under the conditions stated in the labels.

Foodborne illnesses shall mean infectious or poisoning diseases etc which are caused by pathogenic factors in foodstuffs entering into human bodies, including food poisoning.

A food safety incident shall mean an incident arising from food which is or may be harmful to human health such as foodborne illness and food contamination.

Article 151    Where this Law does not stipulate on administration of food safety of genetically-modified foodstuffs and common salt, the provisions of other laws, administrative regulations shall apply.

Article 152    Detailed administrative measures on food safety in railway and civil aviation operation shall be formulated by the food safety supervision and administration department of the State Council jointly with the relevant department(s) of the State Council pursuant to this Law.

Detailed administrative measures on health food shall be formulated by the food safety supervision and administration department of the State Council pursuant to this Law.

Detailed administrative measures on manufacturing of food-related products shall be formulated by the food safety supervision department of the State Council pursuant to this Law.

Supervision and administration of foodstuffs at border crossings shall be implemented by the inbound and outbound inspection and quarantine agencies pursuant to the provisions of this Law and the relevant laws and administrative regulations.

Administrative measures on food safety of dedicated and self-supplied foodstuffs for the army shall be formulated by the Central Military Commission pursuant to this Law.

Article 153    The State Council may, based on actual requirements, make adjustment to the food safety supervision and administration system.

Article 154    This Law shall be implemented with effect from 1 October 2015.