食品安全法修订版(英文翻译稿)

BEIJING, April 24 (Xinhua)

Food Safety Law of the People’s Republic of China

(Adopted at the 7th Session of the 11th Standing Committee of the National People’s Congress of the People’s Republic of China on February 28, 2009 and revised at the 14th Session of the 12th Standing Committee of the

National People’s Congress of the People’s Republic of China on April 24, 2015)

Table of Content

Chapter 1: General Principles

Chapter 2: Food Safety Risk Surveillance and Assessment

Chapter 3: Food Safety Standards

Chapter 4: Food Production and Trading

Section 3: Label, Product Description and Advertisement Section 4: Special Foods

Chapter 6: Food Import and Export

Article 2 The following business activities carried out within the territory of the People’s Republic of China shall abide by this Law:

1)Food production and processing (hereinafter referred to as “food production”); food sales and cateringservice (hereinafter referred to as “trading”);

2)Production and trading of food additives;

3)Production and trading of packing materials, containers, detergents/disinfectants for foods, as wellas toolsand equipment used in food production and trading (hereafter referred to as “food-related products”);

1 食品Article 1 This Law is formulated to assure food safety and safeguard people’s health and life. 伙Chapter 1: General Principles 伴Chapter 10: Supplementary Provisions 网Chapter 9: Legal Liabilities 翻Chapter 8 Regulatory Work 译Chapter 7: Handling of Food Safety Incidents 中心Chapter 5: Food Testing 翻译Section 2: Process Control of Production and Trading ，Section 1: General Provisions 仅供参考

4) Food additives and food-related products used by food producers and traders;

5) Food storage and transportation;

6) Safety management of food, food additives and food-related products.

The quality and safety management of primary agricultural products for consumption (hereinafter referred to as “edible agricultural products”) shall abide by the Law of the People’s Republic of China on Quality and Safety of Agricultural Products. However, the marketing and sales of edible agricultural products, development of relevant quality safety standards and publishingof relevant safety information as well as the quality and safety management of agricultural inputscovered bythis Law shall abide by this Law.

Article 3 Food safety work shall follow the principles of “putting prevention first, risk management, whole-process control, and making efforts by the whole society”, aiming to establish the science based and strict oversight system.

Article 4Food producers and traders shalltake responsibilities for food produced and traded.

Article 5 The State Council establishes the Food Safety Committee, and assigns responsibilities to the Committee.

The China food and drug regulatory department (CFDA) under the State Council, in accordance with this Law and the responsibilities identified by the State Council, oversights food production and trading activities.

County and above level governments, in accordance with this Law and provisions of the State Council, determines the responsibilities of the food and drug regulatory department, the health department and other relevant departments of the same levels; relevant departments shall be responsible for food safety oversight accordingly.

The county-level food and drug regulatory department could establish resident agencies in towns or certain districts.

Article 7 Enforce the food safety accountability system at county and above level governments. Higher level 食Article 6 County and above level governments shall be responsible for the food safety supervision and management in the region; it shall lead, organize and coordinate food safety oversight, as well as respond to food safety incidents, establish/improve the whole process food safety management mechanism and the information sharing mechanism. 品伙 伴Other ministries under the State Council shall undertake relevant food safety work in accordance with this Law and responsibilities identified by the State Council. 网 翻The State Council health administrative department (the National Health and Family Planning Commission, NHFPC), in accordance with this Law and the responsibilities identified by the State Council, conducts food safety risk surveillance, risk assessment, and develops and publishes national food safety standardsjointly with the CFDA. 译中心 2 翻译Food producers and traders shall follow laws, regulations and food safety standards in their operation. They are required to ensure the food safety, be honest and self-disciplined, be responsible for the society and the public, accept oversight be the public, and bear the social responsibilities. ，仅供 参考

government evaluates and appraises the food safety oversight work by the lower level governments. County and above level governments shall evaluate and appraise food safety regulatory work by the food and drug regulatory department and other departments of the same level.

Article 8 The county and above level governments shall incorporate food safety work into the local economic and social development plan, include the expenses for food safety work into the government financial budget, reinforce capacity building for food safety oversight, and provide necessary supportsto safeguard food safety works.

The county and above level food and drug regulatory department and relevant departments shall strengthen communication and coordination, exercise the rights and bear the responsibilities.

Article 13 Any entity and individual that have made outstanding contributions in the work of guaranteeing food safety shall be commended and rewardedin accordance with the relevant national provisions.

Chapter 2: Food Safety Risk Surveillance and Assessment

Article 14China establishes the food safety risk surveillance system, which monitors food-borne diseases, food contamination and other food-related hazards.

NHFPC, CFDA and AQSIQ jointly develop and enforce the national food safety risk surveillance plan.

食 品Article 11 China encourages and supports basic and applied research related to food safety; food producers and traders are encouraged and supported to adopt advanced technologies and management practices to improve food safety. China puts in practice strict management systems on the use of pesticides,expedites the obsolete of extreme poisonous pesticides, highly toxic pesticidesand high-persistent pesticides, promotes the development and application of alternative products and encourages the use of effective, low-toxic pesticidesand less-persistent pesticides. Article 12 Any organization or individual has the right to report violations to food safety; theyhave the lawful right to inquire food safety information from relevant government agencies and provide comments and suggestions about food safety oversight. 伙伴网翻译中心The media shall launch publicity for the food safety laws, regulations, standards and knowledge, and provide public oversight on acts that violate the Law.Publicity and reports of food safety issues shall be truthful and fair. 3 翻译Article 10 The governments at all levels shall strengthen public education of food safety, encourages social organizations, community groups and food producers/traders to conduct educational activities regarding food safety laws and regulations, standards and knowledge, to advocate healthy diets, and to raise consumers’ food safety awareness and self-protection. ， 仅Consumer associations or other consumer organizations are the socialpowers that oversight activities that violate this Law and harm the consumers’ lawful rights. 供Article 9 Food industry associations shall play multiple roles, such as reinforce self-discipline of the industry, establish the industry rules and the awarding/penalty mechanism pursuant to theircharters, provide services such as food safety information and technologies, guide and motivate food producers and traders to operate according to laws, promote the credit building of industry, publish/popularize food safety information, etc. 参考

CFDA and other ministries, obtaining information of food safety risks, shall verify such information immediately and notify the NHFPC. The NHFPC, receiving notifies of food safety risks, food-borne diseases by the medical institutes,etc., will work with relevant ministries and carry out research and analysis. If deems necessary, the national food safety risk surveillance plan will be adjusted.

Based on the national surveillance plan, the provincial health department, jointly with the food and drug regulatory department and the quality supervision department at the same level, shall formulate and adjust the food safety risk surveillance plan that takes into account the regional particularities. The provincial health department shall file the surveillance plans to the NHFPC for records and execute the plans.

2. Need to provide science basis for developing or revising national food safety standards;

3. Risk assessment is necessary to identify prioritized area or (food) variety in regulatory work;

4. Discovered factors that may cause harm to food safety;

5. Need to determine whether a factor constitutes food safety risk;

食1. Food safety risk surveillance reveals or getting reports about possible safety problem for food, food additives, and food related products; 品Article 18Food safety risk assessment shall be conducted when the following situations occur: 伙(Government) shall not charge fees from food producer and trader for food safety risk assessment; samples collected shall be paid at market price. 伴 网The safety assessment of pesticides, fertilizers, vet drugs, feed and feed additives shall be attended by experts from the expert committee. 翻NHFPC is responsible for organizing food safety risk assessments. NHFPC establishes an expert committee on food safety risk assessment, which is composed of experts on medical science, agriculture, food, nutrition,biology and environment, etc. to conduct the food safety risk assessment.The food safety risk assessment results shall be published by the NHFPC. 译中心Article 17China establishes the food safety risk assessment mechanism; by adopting science based methods and referring to food safety risk surveillance, carry out risk assessment into biological, chemical and physical hazardous factors in foods, food additives, and food related products. 4 翻译Article 16In the event that surveillance result reveals possible food safety risks, the county and above level health department shall notify the information to the food and drug regulatory department, the government of the same level, and the higher level health department. The food and drug regulatory department shall conduct further investigation. ，仅 供Food safety risk surveillance officials have right to enter farms growing/breeding edible agriculture products and food production/trading facilities to collect data and samples. The collected sample shall be paid at market price. 参考Article 15The technical institute shall carry out the food safety risk surveillance work pursuant tothe surveillance plan and work program to guarantee truthfulness and accuracy of the surveillance data; the surveillance data and analysis results shall be reported pursuant to the surveillance plan and the work program.

6. Other situations the NHFPC deems necessary to conduct risk assessment.

Article 19CFDA, AQSIQ and MOA, finding it is necessary to conduct food safety risk assessment, shall propose to NHFPC to conduct food safety risk assessment, and provide necessary information and materials (including source and nature of the risk, relevant testing data and conclusions).Upon the occurrenceof the situations specified in Article 18 hereof, NHFPC shall conduct food safety risk assessment in a timely manner, and report the assessment results to the relevant State Council department.

Article 20The provincial and above level health and agriculture departments shall timely inform each other the safety risk assessment information for food and edible agricultural products.

Article 26Food safety standards shall include the following standards

1) Limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, contaminants (heavy metals, etc.), and other substances hazardous to human health in food, food additives and food-related products;

2) Varieties, scope of application, and dose of food additive use;

3) Requirements for nutritional ingredients in staple and supplementary food dedicated to infants and other 食Article 25Food safety standards are mandatory. In addition to the food safety standards, no other mandatory food standards shall be developed. 品 伙Article 24Safeguarding the public health shall be the objective of developing the food safety standards; the standards shall be science-based, reasonable, safe and reliable. 伴Chapter 3: Food Safety Standards 网Article 23 The county and above level health department, along with other government agencies, the food safety risk assessment expert committee and its technical institutes, shall carry out exchanges with food producers/ traders, food testing institutions, certification organizations, food industry associations, consumer associations and media on food safety risk assessment information and food safety regulatory information. The exchange and communication shall be science based, objective, timely and open. 翻译中心Article 22CFDA shall work with relevant ministries to conduct comprehensive analysis of the food safety situation based on food safety risk assessment results and the food safety regulatory work. For foods present high risks in the comprehensive analysis, CFDA shall issue food safety risk alerts in a timely manner, and announce the alert to the public. 5 翻译In case the food safety risk assessment conclusion shows a food, a food additive, or a food related product is unsafe, CFDA and AQSIQ shall immediately announce to the public and inform consumers to stop consumption or usage of the product, and take actions to terminate product and trading of the food, food additive and food-related products; if necessary, NHFPC shall in conjunction withCFDA,immediately formulate or modify the relevant food safety national standards. ，仅供Article 21Food safety risk assessment results shall be the scientific basis for developing, modifying food safety standards and implementing food safety regulatory work. 参考The NHFPC and MOA shall timely inform each other the safety risk assessment information for food and edible agricultural products.