State Council, Implementing Regulations for the PRC Food Safety Law

国务院中华人民共和国食品安全法实施条例

September 04, 2009 | BY

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Registration required for overseas food producers exporting food products to China.

Clp Reference: 1740/09.07.20 Promulgated: 2009-07-20 Effective: 2009-07-20

Promulgated: July 20 2009
Effective: as of date of promulgation

Main contents: Where personnel engaged in work involving food of direct intake have contracted gastric infectious diseases such as dysentery, typhoid, hepatitis A and hepatitis E, or have illnesses that may affect food safety such as active tuberculosis, and skin disorders with pus or seepage, food producers and food-related business operators shall transfer the personnel to another job post that does not have any impact on food safety (Article 23). For food production enterprise groups that procure raw materials centrally, inspection of goods on the basis of the supplier's licence and product quality certificates may be conducted centrally by the head office, which shall keep a record related thereto. Where the supplier is unable to provide any product quality certificates for the raw materials for food, inspection shall be carried out according to food safety standards (Article 25).

Food production enterprises shall truthfully record the safety management details pertaining to the food production process and keep the said record for at least two years (Article 28). Enterprises that engage in food wholesale business shall truthfully record the name, specifications, quantity, production batch number, shelf life and sales date of the wholesale food, and the name and contact details of the purchasers, or keep the sales invoices that contain the said information. The records and invoices shall be kept for at least two years (Article 29).

Quality supervision departments, administrations for industry and commerce, and food and drug regulatory departments at the county level or above shall record in the food safety credibility files of the food producers and food-related business operators the details about the recall of food that fail to comply with food safety standards by food producers, and cessation to deal in food that fails to comply with food safety standards by food-related business operators (Article 33).

Overseas food production enterprises that export food to China shall complete registration in accordance with Article 65 of the Food Safety Law. The registration shall be valid for a period of four years (Article 39). Imported food additives shall have labelling and instructions/descriptions in Chinese that state the place of origin, and the name, address and contact details of the local distributor (Article 40).

In the case of food safety-related accidents, the work unit shall immediately adopt control measures such as sealing up the food and the raw materials, tools and equipment that caused or may have caused the accident, and report the accident to the health administrative department of the local people's government at the county level within two hours of the occurrence of the accident (Article 43).

Related legislation: PRC Food Safety Law, Feb 28 2009, CLP 2009 No.3 p.33

clp reference:1740/09.07.20promulgated:2009-07-20effective:2009-07-20

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