Promulgation Authorities:  State Council

Promulgation Date:  2019.10.11

Effective Date:  2019.12.01

Validity Status:  valid

Document Number:  Decree No.721 of the State Council

Implementing Regulation for the Food Safety Law of the People's Republic of China (Revised in 2019)

Implementing Regulation for the Food Safety Law of the People's Republic of China (Revised in 2019)

Decree No.721 of the State Council

The Implementing Regulation for the Food Safety Law of the People's Republic of China, revised and adopted at the 42nd executive meeting of the State Council on March 26, 2019, is hereby promulgated, effective December 1, 2019.

Li Keqiang, Premier

October 11, 2019

Implementing Regulation for the Food Safety Law of the People's Republic of China

(Promulgated under the Decree No. 557 of the State Council of the People's Republic of China on July 20, 2009; revised in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; and revised and adopted at the 42nd executive meeting of the State Council on March 26, 2019)

Chapter I General Provisions

Article 1    This Regulation is formulated in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law).

Article 2    Food manufacturers or business operators shall engage in manufacturing or business operation activities pursuant to laws, regulations and food safety standards, establish and improve upon a food safety management system, adopt effective measures to prevent and control food safety risks, and ensure food safety.

Article 3    The Food Safety Commission of the State Council shall be responsible for analysis of food safety trends, conducting a study and plan for and coordinating and guiding the food safety work, proposing significant policies and measures for supervision and administration of food safety, and supervising the implementation of food safety supervision and administration responsibilities. The food safety commission of a local people's government at the county level or above shall carry out work pursuant to the duties stipulated by the people's government at the corresponding level.

Article 4    People's governments at the county level or above shall establish a unified authoritative food safety supervision and administration system, and strengthen development of food safety supervision and administration capacity.

The food safety supervision and administration department and other relevant departments of a people's government at the county level or above shall perform their duties pursuant to the law, strengthen coordination and cooperation, and carry out food safety supervision and administration properly.

Township people's governments and sub-district offices shall support and assist the food safety supervision and administration department of the people's government at the county level and its branches in carrying out food safety supervision and administration pursuant to the law.

Article 5    The State shall include food safety knowledge in national quality education, popularise food safety scientific knowledge and legal knowledge, and raise food safety awareness of the whole society.

Chapter II Monitoring and Assessment of Food Safety Risks

Article 6    The health administrative department of a people's government at the county level or above shall, in concert with the food safety supervision and administration department at the same level, establish a food safety risk monitoring and consultation mechanism, consolidate and analyse risk monitoring data, study and judge food safety risks, form a food safety risk monitoring and analysis report, and submit the report to the people's government at the corresponding level; the health administrative department of the people's government at the county level or above shall also submit the food safety risk monitoring and analysis report to the health administrative department of the people's government at the next higher level simultaneously. Specific measures for food safety risk monitoring and consultation shall be formulated by the health administrative department of the State Council in concert with the food safety supervision and administration department of the State Council.

Article 7    Where a food safety risk monitoring finding shows that there are food safety hazards, and the food safety supervision and administration authority and other authorities deem upon further investigation that it is necessary to notify the food manufacturer or business operator concerned, a notice shall be given promptly.

Upon receipt of the notice, the food manufacturer or business operator concerned shall immediately conduct self-inspection. Where the food manufacturer or business operator finds that the food does not satisfy the food safety standards or there is evidence proving that such food is likely to harm human health, the food manufacturer or business operator shall suspend manufacturing or operation, recall the food and report relevant information pursuant to Article 63 of the Food Safety Law.

Article 8    Where the health administrative department or food safety supervision and administration department of the State Council discovers that it is necessary to conduct safety assessment of pesticides, fertilisers, veterinary drugs, feeds and feed additives, etc., it shall propose safety assessment suggestions to the agricultural administrative department of the State Council. The agricultural administrative department of the State Council shall organize the assessment in a timely manner, and notify the relevant departments of the State Council of the assessment results.

Article 9    The food safety supervision and administration department and other relevant departments of the State Council shall establish a food safety risk information exchange mechanism, and specify the contents, procedures and requirements for food safety risk information exchange.

Chapter III Food Safety Standards

Article 10    The health administrative department of the State Council shall, in concert with the food safety supervision and administration department and agricultural administrative department of the State Council, formulate the national food safety standards planning and the annual implementing scheme. The health administrative department of the State Council shall publish on its website the draft of the national food safety standards planning and its annual implementing scheme to solicit public opinions.

Article 11    The health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall solicit public opinions when formulating local food safety standards in accordance with the provisions of Article 29 of the Food Safety Law. The health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall file the local food safety standards with the health administrative department of the State Council within 30 working days from promulgation thereof. The health administrative department of the State Council shall promptly make correction upon discovery that the filed local food safety standards violate laws, regulations or the national food safety standards.

Where the local food safety standards are repealed pursuant to the law, the health administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall promptly announce the repeal thereof on its website.

Article 12    Health food, formula food for special medical purpose, infant formula foodstuffs and other special foodstuffs are not local specialty foodstuffs, for which no local food safety standards shall be formulated.

Article 13    Upon promulgation of food safety standards, food manufacturers or business operators may implement the standards before the effective date stipulated in the food safety standards and release information on advanced implementation.

Article 14    Food manufacturers shall not formulate enterprise standards which are lower than the requirements of the national standards or local standards for food safety. Where a food manufacturer formulate enterprise standards with food safety indicators stricter than that of the national or local standards for food safety, it shall file the same with the health administrative department of the people's government of the local province, autonomous region or municipality directly under the Central Government for the record.

The enterprise standards formulated by a food manufacturer shall be available for free reference by the public.

Chapter IV Food Manufacturing and Business Operations

Article 15    A food manufacturing or business operation permit shall be valid for five years.

Where the manufacturing or operation conditions of a food manufacturer or business operator change and no longer meet the requirements for food manufacturing or business operation, the food manufacturer or business operator shall forthwith take measures to make corrections; if a new license is required, such new license shall be obtained according to law.

Article 16    The health administrative department of the State Council shall promptly release the list of new food ingredients, new varieties of food additives and new varieties of food-related products and the applicable national food safety standards.

The health administrative department of the State Council shall, in concert with the food safety supervision and administration department of the State Council, promptly update the list of traditional Chinese herbal medicines which are foodstuffs according to tradition.

Article 17    The food safety supervision and administration department of the State Council shall, in concert with the agricultural administrative department and other relevant departments of the State Council, define the basic requirements for whole-process traceability concerning food safety, and guide food manufacturers and business operators to establish and improve a food safety traceability system by information-based means.

The food safety supervision and administration department and other relevant departments shall focus on the supervision and inspection of the development of traceability systems for food targeted at specific groups such as infant formula food and other food with high food safety risks or sales volume.

Article 18    Food manufacturers and business operators shall establish a food safety traceability system, and faithfully record and keep the information on incoming inspection, ex-factory inspection and food sales in accordance with the Food Safety Law to ensure the traceability of food.

Article 19    The principal of a food manufacturer or business operator shall be fully responsible for the enterprise's food safety, establish and implement a food safety accountability system for the enterprise, and strengthen management of suppliers, inspection of purchases and ex-factory inspection, control of manufacturing and business operation process, food safety self-examination, etc. Food safety management personnel of the food manufacturer or business operator shall assist the principal in proper food safety management.

Article 20    Food manufacturers and business operators shall strengthen training and assessment of their food safety management personnel. Food safety management personnel shall be familiar with the food safety laws, regulations, standards and professional knowledge corresponding to their job positions, and have the food safety management capabilities. The food safety supervision and administration department shall conduct random supervision and assessment on the food safety management personnel of the enterprise. The assessment guidelines shall be formulated and promulgated by the food safety supervision and administration department of the State Council.

Article 21    Manufacturers or business operators of foodstuffs and food additives who entrust others with the manufacturing of foodstuffs and food additives shall entrust manufacturers who have obtained a food manufacturing permit or food additives manufacturing permit, supervise their manufacturing activities, and be responsible for the safety of the foodstuffs and food additives produced under entrustment. The entrusted party shall carry out manufacturing pursuant to laws, regulations, food safety standards and the contractual agreement, be responsible for manufacturing activities, and accept supervision of the entrusting party.

Article 22    Food manufacturers and business operators shall not store substances in the list formulated pursuant to the provisions of Article 63 hereof in food manufacturing or processing premises.

Article 23    Irradiation processing of foodstuffs shall be in compliance with the national food safety standards, and the irradiated foodstuffs shall be inspected and labeled as required under the national food safety standards.

Article 24    For storage and transportation of foodstuffs which have special requirements for temperature and humidity, etc., heat preservation, cold storage or freezing equipment and facilities shall be available, and effective operation thereof shall be maintained.

Article 25    Food manufacturers or business operators entrusting others with storage and transportation of foodstuffs shall examine the food safety assurance capacity of the entrusted party, and shall supervise the entrusted party in storage and transportation of foodstuffs as required for ensuring food safety. The entrusted party shall ensure that the storage and transportation conditions of foodstuffs comply with food safety requirements, and strengthen management of storage and transportation of foodstuffs.

The party entrusted by food manufacturers or business operators with storage and transportation of foodstuffs shall truthfully record the name, address, contact details of the entrusting party and the consignee. The records shall be kept for at least two years after the end of storage or transport.

Any non-food manufacturer or business operator engaging in storage of foodstuffs which have special requirements for temperature, humidity shall file itself for the record with the food safety supervision and administration department of the local people's government at county level within 30 working days from the date when it obtains business licence.

Article 26    Where a catering service provider entrusts a tableware and kitchenware centralised disinfection service provider with the provision of cleaning and disinfection services, it shall inspect and retain a photocopy of the business licence and disinfection certificate of the tableware and kitchenware centralised disinfection service provider. The retention period shall not be less than six months upon expiry of the service life of disinfected tableware and kitchenware.

Article 27    The tableware and kitchenware centralised disinfection service provider shall establish a system for recording ex-factory inspection of tableware and kitchenware, and truthfully record the quantity of ex-factory tableware and kitchenware, date of disinfection and batch number, service life, ex-factory date as well as the name, address and contact information of the entrusting party, etc. The ex-factory inspection records shall be kept for at least six months after the expiration of the service life of disinfected tableware and kitchenware. Tableware and kitchenware after disinfection shall be labeled with the name, address, contact information, disinfection date, batch number, service life of the relevant entity on the individual package.

Article 28    The entities with centralised dining requirements, such as schools, nurseries, nursing homes, and construction sites, shall implement systems for control of raw materials, cleaning and disinfection of tableware and kitchenware, retention of food samples etc. for their canteens, and conduct self-inspection of food safety in canteens on a regular basis pursuant to the provisions of Article 47 of the Food Safety Law.

Whoever operates a canteen of an entity with centralised dining requirements on a contract basis shall obtain the food business license in accordance with the law, and shall be responsible for food safety of the canteen. The entity with centralised dining requirements shall urge the contractor to implement the food safety management system and assume the management responsibility.

Article 29    Food manufacturers and business operators shall conspicuously mark or separately store the deteriorated, expired or recycled food at the places with clear marks, and take such measures as harmless treatment and destruction in a timely manner, and truthfully record the same.

For the purposes of the Food Safety Law, the term "recycled food" refers to food which has already been sold and been recalled or returned due to violations of laws, regulations, food safety standards, beyond the shelf life or other reasons, excluding food that may continue to be sold under Paragraph 3, Article 63 of the Food Safety Law.

Article 30    Local people's governments at the county level or above shall establish the requisite innocuous treatment and destruction facilities for foodstuffs based on the needs. Food manufacturers and business operators may, pursuant to the provisions, use facilities built by the governments to carry out decontamination or destruction for foodstuffs.

Article 31    The sponsor of a centralised food trading market or the organiser of an food exhibition shall, prior to business commencement of the market or the exhibition, report to the food safety supervision and administration department of the local people's government at the county level.

Article 32    Online third-party food trading platform providers shall properly keep the registered information and trading information of participating food business operators. Where the food safety supervision and administration department of the people's government at the county level or above needs to know the relevant information in the course of food safety supervision and inspection, investigation or the handling of food safety cases or food safety incidents, upon approval of the person-in-charge, it may require an online third-party food trading platform provider to provide the information, and the online third-party food trading platform provider shall provide the same as required. The food safety supervision and administration department of the people's government at the county level or above and its staff members shall be legally obliged to keep confidential the information provided by the online third-party food trading platform provider.

Article 33    The genetically modified foodstuffs manufactured or operated shall be prominently labelled; the labelling measures shall be formulated by the food safety supervision and administration department of the State Council in concert with the agricultural administrative department of the State Council.

Article 34    It is prohibited to make false publicity of food by any means including conferences, lectures and health consultation. Upon discovery of any false advertising, the food safety supervision and administration authority shall deal with it promptly pursuant to the law.

Article 35    Where the manufacturing process of health food includes raw material extraction, purification and other pretreatment processes, the manufacturer concerned shall have the corresponding pretreatment capability of raw materials.

Article 36    The manufacturers for formula food for special medical purpose shall conduct batch-by-batch inspection of ex-factory products according to the inspection items prescribed in the national food safety standards.

The special total nutrient formula food in the formula food for special medical purpose shall be sold to consumers through medical institutions or drug retailers. Medical institutions and drug retail enterprises which sell specific total nutrient formula food are not required to obtain a food operation license, but shall abide by the provisions of the Food Safety Law and this Regulation on food sales.

Article 37    The advertisements for the special total nutrient food in the formula food for special medical purposes shall be managed as that for prescription drugs, and the advertisements for other categories of the formula food for special medical purposes shall be managed as that for over-the-counter drugs.

Article 38    Food other than health food shall not be claimed to have the function of healthcare.

Infant formula foodstuffs which use selective additives stipulated by the national standards for food safety shall not be named after selective additives.

Article 39    The contents of the label or instruction of special food shall be consistent with that of the registered or filed one. For sale of special foodstuffs, the contents of the food labels and instructions shall be verified against the registered or filed ones; where there is any inconsistency, the foodstuffs shall not be sold. The food safety supervision and administration department of the people's government at the provincial level and above shall release the registered or filed labels and instructions of special foodstuffs on its website.

Special food and ordinary food or drugs shall not be put together for sale.

Chapter V Food Inspection

Article 40    Sampling inspection of foodstuffs shall be carried out pursuant to the food safety standards, product technical requirements for special foodstuffs registered or filed, and inspection items and inspection methods determined by the relevant provisions of the State.

Article 41    Where the foodstuffs which may be adulterated cannot be inspected according to the inspection items and inspection methods stipulated in the existing food safety standards and those formulated pursuant to the provisions of Article 111 of the Food Safety Law and Article 63 of this Regulation, the food safety supervision and administration department of the State Council may develop supplementary inspection items and inspection methods to be used for sampling inspection of the foodstuffs, investigation and handling of food safety cases and handling of food safety incidents.

Article 42    When applying for re-inspection in accordance with the provisions of Article 88 of the Food Safety Law, the applicant shall pay re-inspection fees to the re-inspection institution in advance. If the re-inspection conclusion indicates that the food is not qualified, the re-inspection fees shall be borne by the re-inspection applicant; if the re-inspection conclusion indicates that the food is qualified, the re-inspection fees shall be borne by the food safety supervision and administration department conducting sampling inspection.

The re-inspection agency shall not refuse to undertake re-inspection tasks without justifiable reasons.

Article 43    No organisation or individual may release food inspection information issued by a food inspection organisation which has not obtained accreditation pursuant to the law, or make use of the aforesaid inspection information to grade foodstuffs and food manufacturers or business operators, to defraud or mislead consumers.

Chapter VI Food Import and Export

Article 44    Importers importing foodstuffs and food additives shall apply to the entry-exit inspection and quarantine authority for inspection pursuant to the provisions, declare the relevant product information truthfully, and attach the proof of compliance stipulated by laws and administrative regulations.

Article 45    Imported food shall be stored at the places designated or recognized by the entry-exit inspection and quarantine bodies upon arrival at the ports; where it is necessary to move such food, necessary safety protection measures shall be taken as required by the entry-exit inspection and quarantine bodies. Inspection of large bulk imports shall be carried out at the unloading port.

Article 46    The entry-exit inspection and quarantine authorities may, based on risk management requirements, implement importation through designated ports for certain foodstuffs.

Article 47    The health administrative department of the State Council shall examine the standards of the relevant countries (regions) or international standards submitted by overseas exporters, overseas manufacturers or importers entrusted by them pursuant to the provisions of Article 93 of the Food Safety Law; where it may deem that the said standards meet the food safety requirements, it shall decide on temporary application and promulgation thereof; prior to promulgation of the temporarily applicable standards, the food for which there are no national food safety standards shall not be imported.

The food covered by the general standards of the national food safety standards shall not be deemed the food for which there are no national food safety standards as stipulated in Article 93 of the Food Safety Law.

Article 48    Importers shall establish an examination system for overseas exporters and overseas manufacturers, focus on examination of formulation and implementation of food safety risk control measures by overseas exporters and overseas manufacturers, and whether the foodstuffs exported to China comply with the provisions of the Food Safety Law, this Regulation and other related laws and administrative regulations and the requirements of national food safety standards.

Article 49    Where an importer recalls imported food in accordance with Paragraph 3 of Article 94 of the Food Safety Law, it shall report the recall and treatment of such food to the food safety supervision and administration department of the local people's government at the county level and the local entry-exit inspection and quarantine body.

Article 50    The entry-exit inspection and quarantine authority shall, upon discovery that a registered overseas foodstuff manufacturing enterprise no longer satisfies registration requirements, order the enterprise to make correction within a stipulated period, and suspend importation of foodstuffs manufactured by it during the correction period; where the enterprise still fails to satisfy registration requirements following correction, the entry-exit inspection and quarantine authorityg shall deregister the overseas foodstuff manufacturing enterprise and make a public announcement.

Article 51    Certification agencies shall implement follow-up investigation pursuant to the law into overseas manufacturers which have obtained certification for China's good manufacturing practice and hazard analysis and critical control point system. Where an enterprise no longer satisfies the certification requirements, the certification agency shall revoke certification pursuant to the law and make a public announcement.

Article 52    Where food safety incidents that occur overseas may affect China or serious food safety problems are found in imported food, food additives and food-related products, the national entry-exit inspection and quarantine department shall give a risk pre-warning in a timely manner and may take the following control measures with regard to relevant food, food additives and food-related products:

(1) Return or destruction of the goods;

(2) Restricting conditionally the import of goods; and

(3) Suspending or prohibiting the import of goods.

Article 53    Manufacturers exporting foodstuffs and food additives shall ensure that their exported foodstuffs and food additives comply with the standards of the importing country (region) or the contractual requirements; where the international treaty or agreement to which China is a signatory or participant stipulates so, the requirements of such international treaty or agreement shall also be complied with.

Chapter VII Handling of Food Safety Incidents

Article 54    Food safety incidents shall be subject to tiered administration pursuant to the contingency plan of the State for food safety incidents. The food safety supervision and administration department of a people's government at the county level or above shall, in concert with  the relevant counterpart authorities, be responsible for investigation and handling of food safety incidents.

The people's governments at the county level or above shall promptly amend and improve upon their contingency plans for food safety incidents as the case may be.

Article 55    People's governments at the county level or above shall improve upon their emergency management mechanism for food safety incidents, improve upon emergency equipment, ensure proper storage of emergency supplies and development of emergency team, and strengthen emergency training and drills.

Article 56    The organisation to which a food safety incident has occurred shall immediately take control measures such as sealing up for safekeeping on food, raw materials, tools, equipment and facilities that have caused or may cause food safety incidents.

Article 57    The food safety supervision and administration department of a people's government at the county level or above shall, after receiving a food safety incident report, immediately conduct investigation and handling in accordance with the provisions of Article 105 of the Food Safety Law together with the health administrative department, agricultural administrative department and other departments at the same level. The food safety supervision and administration department shall protect the food, raw materials, tools, equipment, facilities and so on that are sealed up by the organisation to which an incident occurs, and for those that need to be sealed up but fail to be sealed up yet by the organisation to which an incident occurs, the food safety supervision and administration department shall directly seal them up or order the organisation to which an incident occurs to seal them up immediately, and notify the disease prevention and control agency to conduct epidemiological investigation of the incident-related factors.

The disease prevention and control agency shall submit an epidemiological investigation report simultaneously upon completion of investigation to the food safety supervision and administration department and the health administrative department at the same level.

No organisation or individual may refuse or obstruct the disease prevention and control agency in conducting epidemiological investigation. The departments concerned shall assist the disease prevention and control agency in the epidemiological investigations.

Article 58    The food safety supervision and administration department of the State Council shall, in concert with the health administrative department, agricultural administrative department of the State Council, analyse food safety incidents nationwide on a regular basis, improve upon food safety supervision and administration measures to prevent and reduce occurrence of incidents.

Chapter VIII Supervision and Administration

Article 59    The food safety supervision and administration department of a people's government at or above the level of city divided into districts may, based on supervision and administration work needs, implement random supervision and inspection on food manufacturers and business operators for which the food safety supervision and administration department of the lower-level people's government is responsible for day-to-day supervision and administration, and may also organise the food safety supervision and administration department of the lower-level people's government to implement cross-location supervision and inspection on food manufacturers or business operators.

The food safety supervision and administration department of the people's government at or above the level of city divided into districts may, where it deems necessary, directly investigate and handle an illegal food safety case governed by the food safety supervision and administration department of the lower-level people's government, or designate the food safety supervision and administration department of the lower-level people's government to investigate and handle the case.

Article 60    The State establishes a food safety inspector system to strengthen the building of a professional inspector team, enhance examination and training and raise the professional standard of inspectors by making use of existing resources.

Article 61    Where the food safety supervision and administration department of a people's government at the county level or above implements seizure and distrainment pursuant to the provisions of Article 110 of the Food Safety Law, the seizure and distrainment period shall not exceed 30 days; where the case is complex, upon approval of the person-in-charge of the food safety supervision and administration department implementing seizure and distrainment, an extension of not more than 45 days may be granted.

Article 62    Where illegal operations by participating food business operators occur repeatedly to the online food trading third-party platform or serious consequences are caused due to the illegal operations of the participating food business operators, the food safety supervision and administration department of a people's government at the county level or above may arrange an accountability interview with the legal representative or the person-in-charge of the third-party platform provider.

Article 63    The food safety supervision and administration department of the State Council shall, in concert with the health administrative department etc. of the State Council, formulate and release a list of and inspection methods for discovered non-food chemicals added or which may be added to foodstuffs and other substances which may endanger human health based on food-borne disease information, food safety risk monitoring information and supervision and administration information etc.

Article 64    The health administrative department of a local people's government at the county level or above shall supervise and inspect the tableware and kitchenware centralised disinfection service providers, and shall promptly investigate and deal with any dissatisfaction with the laws, regulations, relevant national standards and relevant health specifications. The results of supervision and inspection shall be made public.

Article 65    The State implements a reward system for whistleblowing on illegal acts pertaining to food safety; whistleblowers shall be rewarded for reports verified to be true. Incentives shall be increased for whistleblowers who report major violations and criminal acts pertaining to food safety committed by the enterprises they work for. The relevant authorities shall keep confidentiality of information of informants, and protect the legitimate rights and interests thereof. The rewarding measures for reporting of illegal acts involving food safety shall be formulated by the food safety supervision and administration department of the State Council in concert with the finance department etc. of the State Council.

The rewards for reporting food safety violations shall be included in the budgets of people's governments at all levels.

Article 66    The food safety supervision and administration department of the State Council shall, in concert with the relevant departments of the State Council, establish a joint honesty incentive and joint dishonesty punishment mechanism, take into account the creditworthiness files of food manufacturers or business operators, establish a blacklist system for manufacturers or business operators who commit serious violations, relate food safety creditworthiness status to admittance, financing, credit, creditworthiness investigation etc., and promptly release to the public.

Chapter IX Legal Liability

Article 67    Any of the following circumstances shall fall into the serious circumstances stipulated in Articles 123 to 126 and Article 132 of the Food Safety Law and Articles 72 and 73 of this Regulation:

(1) Value of products involved in the illegal act is more than 20,000 yuan or the illegal act has lasted for more than three months;

(2) Resulting in food-borne diseases with death, or resulting in food-borne diseases of more than 30 persons without death;

(3) Intentionally providing false information or concealing the truth;

(4) Refusing or evading supervision and inspection;

(5) Committing food safety violations of the same nature within one year after being subject to administrative penalties due to violation of food safety laws and regulations, or committing food safety violations after being subject to criminal penalties due to violation of food safety laws and regulations; and

(6) Other circumstances of severe nature.

If a fine is imposed for a serious violation, the heavier and stricter punishment shall be meted out according to law.

Article 68    Under any of the following circumstances, punishment shall be imposed in accordance with the provisions of Paragraph 1 of Article 125 of the Food Safety Law and Article 75 of this Regulation:

(1) Storing the substances in the list which is worked out according to Article 63 of this Regulation at the sites of food manufacturing and processing;

(2) Labels and instructions of food other than health food manufactured or operated claim to have the healthcare functions;

(3) Naming the infant formula food after selective additives specified in the national food safety standards; and

(4) The contents of the labels and instructions of the special food manufactured or traded are inconsistent with that of registered or filed ones.

Article 69    Under any of the following circumstances, punishment shall be imposed in accordance with the provisions of Paragraph 1 of Article 126 of the Food Safety Law and Article 75 of this Regulation:

(1) Accepting the entrustment of food manufacturers or business operators to store and transport food and failing to record and keep the information as required;

(2) Catering service providers fail to check and retain the copies of business licenses and disinfection certificates of tableware and kitchenware centralised disinfection service providers;

(3) Food manufacturer or business operator fails to mark or store the deteriorated, expired or recycled food as required, or fails to timely take such measures as harmless treatment and destruction of the aforesaid food and truthfully record the same;

(4) Organisations or individuals other than medical institutions and drug retail enterprises sell specific total nutrient formula food for special medical purposes to consumers; and

(5) Mixing special food with ordinary food or drugs in order to sell.

Article 70    Except for the circumstances as provided in Paragraph 1 of Article 125 and Article 126 of the Food Safety Law, where the manufacturing  or operation activities of a food manufacturer or business operator fail to conform to the provisions of Item (5) and Items (7) to (10) of Paragraph 1 of Article 33 of the Food Safety Law or to the national food safety standards required in the food manufacturing  or operation process, penalties shall be imposed according to Paragraph 1 of Article 126 of the Food Safety Law and Article 75 hereof.

Article 71    Where a tableware and kitchenware centralised disinfection service provider fails to establish and comply with the ex-factory inspection and recording system pursuant to the provisions, the health administrative department of the people's government at the county level or above shall impose punishment pursuant to the provisions of the first paragraph of Article 126 of the Food Safety Law and Article 75 of this Regulation.

Article 72    Any non-food manufacturer or business operator engaging in storage of foodstuffs which have special requirements for temperature, humidity, etc., or the sponsor of a centralised food trading market or the organiser of a food exhibition who fails to file record or report pursuant to the provisions shall be ordered by the food safety supervision and administration department of the local people's government at the county level or above to make correction and be given a warning; whoever refuses to make correction shall be subject to a fine ranging from 10,000 to 50,000 yuan; in serious cases, the offender shall be ordered to suspend operation and be subject to a fine ranging from 50,000 to 200,000 yuan.

Article 73    Whoever makes false promotion of foodstuffs by way of conferences, lectures, health consultation, etc. shall be ordered by the food safety supervision and administration department of the local people's government at the county level or above to eliminate the impact, and the illegal income, if any, shall be confiscated; in serious cases, the offender shall be punished pursuant to the provisions of the fifth paragraph of Article 140 of the Food Safety Law; where the case constitutes a violation of law by an organisation, the legal representative, principal , person directly in charge and other directly accountable personnel of the organisation shall also be punished pursuant to the provisions of Article 75 of this Regulation.

Article 74    Any food manufacturer or business operator whose foodstuffs comply with food safety standards but do not conform to the food safety indicators stipulated in the enterprise standards indicated on the foodstuffs shall be given a warning by the food safety supervision and administration department of the local people's government at the county level and above; the business operator shall be ordered to suspend operation of the foodstuffs, and the food manufacturer shall be ordered to make correction; where the food manufacturer or business operator refuses to suspend operation or make correction, the foodstuffs which do not comply with the food safety indicators stipulated in the enterprise standards shall be confiscated; where the value of the foodstuffs is less than 10,000 yuan, a fine ranging from 10,000 to 50,000 yuan shall be imposed; where the value of the foodstuffs exceeds 10,000 yuan, a fine ranging from five to ten times the value of the foodstuffs shall be imposed.

Article 75    Where a food manufacturing, business operating enterprise or any other enterprise has any illegal act stipulated in the Food Safety Law, in addition to being punished in accordance with the provisions of the Food Safety Law, its legal representative, principal , person directly in charge and other directly accountable persons shall be imposed a fine of not less than one time but not more than ten times the income obtained from the enterprise in the previous year under any of the following circumstances:

(1) Intentionally committing any illegal act;

(2) The violation is of a vile nature; and

(3) The illegal acts cause serious consequences.

The provisions of the preceding paragraph shall not apply to circumstances stipulated in the second paragraph of Article 125 of the Food Safety Law.

Article 76    Where a food manufacturer or business operator suspends manufacturing or trading, recalls food or takes other effective measures to mitigate or eliminate food safety risks pursuant to Paragraphs 1 and 2, Article 63 of the Food Safety Law, which does not cause harmful consequences, a lighter or mitigated punishment may be imposed.

Article 77    The food safety supervision and administration department of a local people's government at the county level or above shall promptly refer the cases and the relevant materials to the public security bureau at the same level for serious illegal acts stipulated in Article 123 of the Food Safety Law which may require administrative detention. Where the public security authority deems that supplementary materials are required, the food safety supervision and administration department shall promptly provide the same. Where the public security authority holds after examination that the case does not meet the conditions for administrative detention, it shall return the case and relevant materials to the food safety supervision and administration department and other departments that transferred the case in a timely manner.

Article 78    Where the public security authority, upon examination of an illegal act pertaining to food safety and conclusion of investigation, deems that there is no need to pursue criminal liability, but administrative detention should be imposed pursuant to the law, it shall promptly make a punishment decision on administrative detention; where administrative detention is not required but other administrative liability should be pursued pursuant to the law, the case and the relevant materials shall be promptly referred to the food safety supervision and administration department at the same level.

Article 79    Where a re-inspection agency refuses to undertake re-inspection task without a proper reason, the food safety supervision and administration department of the local people's government at the county level or above shall issue a warning to it; if the re-inspection agency  refuses to undertake re-inspection task twice within one year without a proper reason, the relevant department of the State Council shall revoke the qualification of the re-inspection agency and disclose the revocation to the public.

Article 80    Whoever disseminates food inspection information issued by a food inspection organisation which has not obtained accreditation pursuant to the law, or makes use of the aforesaid inspection information to grade foodstuffs, food manufacturers or business operators to defraud or mislead consumers shall be ordered to make correction by the food safety supervision and administration department of the local people's government at the county level or above; illegal income, if any, shall be confiscated, and a fine ranging from 100,000 to 500,000 yuan shall be imposed; where the offender refuses to make correction, a fine ranging from 500,000 to 1 million yuan shall be imposed against him; where the case constitutes a violation of public security administration, the public security bureau shall impose public security administration punishment pursuant to the law.

Article 81    Where a food safety supervision and administration authority imposes a fine of not less than 300,000 yuan on any organization or individual in violation of the Food Safety Law and this Regulation, the decision shall be made by the food safety supervision and administration department of the local people's government at the level of city divided into districts or above. The specific authority for imposing fines shall be stipulated by the food safety supervision and administration department of the State Council.

Article 82    Whoever hinders legitimate performance of duties by functionaries of a food safety supervision and administration authority or any other authority, which constitutes a violation of public security administration, shall be subject to public security administration punishment by the public security authority pursuant to the law.

Article 83    Where a food safety supervision and administration department of a people's government at the county level or above discovers that an organisation or individual has fabricated or disseminated false food safety information in violation of the provisions of the first paragraph of Article 120 of the Food Safety Law which is suspected of constituting a violation of public security administration, it shall notify the public security authority at the same level of the relevant information.

Article 84    Where the food safety supervision and administration department of a people's government at the county level or above and its functionaries illegally provide others with the information provided by online third-party food trading platform providers, punishment shall be imposed against them in accordance with the provisions of Article 145 of the Food Safety Law.

Article 85    Where a violation of the provisions of this Regulation constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Chapter X Supplementary Provisions

Article 86    This Regulation shall come into force as of December 1, 2019.