PRC Food Safety Law

中华人民共和国食品安全法

April 16, 2009 | BY

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Food inspection exemption not allowed.

Clp Reference: 1740/09.02.28 Promulgated: 2009-02-28 Effective: 2009-06-01

Promulgated: February 28 2009
Effective: June 1 2009
Applicability: Article 2 lists out the activities within China that fall under the scope of this Law:

(1) food production and processing (hereafter, Food Production), and food circulation and catering services (hereafter, Food-related Business);

(2) food additives production and related business;

(3) production and related business of the packaging materials, containers, detergents and disinfectants for food, and tools and equipment for Food Production and Food-related Business (hereafter, Food-related Products);

(4) use of food additives and Food-related Products by food producers and food-related business operators; and

(5) safety administration of food, food additives and Food-related Products.

Main Contents: Personnel engaging in Food Production and Food-related Business shall have a health check each year, and may only work after they have obtained a health certificate (Article 34). Food producers that procure raw materials for food, food additives and Food-related Products and food-related business operators that procure food shall check the licence of the suppliers and the product quality certificates. Food production enterprises shall establish systems for inspection records of raw materials for food, food additives and Food-related Products purchased, and for food produced. Such records shall be stored for at least two years (Articles 36 and 37). Food-related business operators shall also establish such systems and keep records for two years for food purchased (Article 39).

The packages for pre-packaged food shall have labels that include the following information:

(1) name, specification, net weight, and date of production;

(2) list of ingredients;

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

(4) expiry date;

(5) standard product code;

(6) storage methods;

(7) universal name of the food additives used, as stated in the national standards;

(8) production permit number; and

(9) other items that must be specified in accordance with laws, regulations and food safety standards.

The labels on staple and complementary food specifically for infants and children, and other specific groups of people, shall indicate the main nutrient ingredients and the contents thereof (Article 42).

Food additives may be included in the category of permitted use only if they are truly necessary technically and are proved to be safe and reliable upon risk assessment (Article 45). Where a social organisation or other organisation or individual recommends food to consumers in a false advertisement, resulting in harms to the lawful rights and interests of consumers, it shall assume joint and several liability with the food producer and food-related business operator (Article 55). Food safety regulatory authorities may not allow food inspection exemption (Article 60).

Repealed Legislation: PRC Food Hygiene Law, Oct 25 1995

clp reference:1740/09.02.28promulgated:2009-02-28effective:2009-06-01

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