Food Safety Law of the People's Republic of China

Chapter 1 General Provisions

Article 1: In order to ensure food safety, safeguard public health and life safety, this law is formulated.

Article 2: Those who engage in the following activities within the territory of the People's Republic of China shall comply with this Law:

（1） Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food business);

（2） Production and operation of food additives;

（3） The production and operation of packaging materials, containers, detergents, disinfectants, and tools and equipment (hereinafter referred to as food related products) used for food production and operation;

（4） Food producers and operators use food additives and food related products;

（5） Storage and transportation of food;

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

The quality and safety management of primary agricultural products (hereinafter referred to as edible agricultural products) for consumption shall comply with the provisions of the Agricultural Product Quality and Safety Law of the People's Republic of China. However, the market sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information, and the provisions of this law on agricultural inputs shall comply with the provisions of this law.

Article 3: Food safety work shall focus on prevention, risk management, full process control, and social governance, and establish a scientific and strict supervision and management system.

Article 4: Food producers and operators are responsible for the safety of their food production and operation.

Food producers and operators shall engage in production and business activities in accordance with laws, regulations, and food safety standards, ensure food safety, maintain integrity and self-discipline, be responsible to society and the public, accept social supervision, and assume social responsibility.

Article 5: The State Council shall establish a Food Safety Committee, whose responsibilities shall be prescribed by the State Council.

The food safety supervision and management department of the State Council shall, in accordance with this Law and the responsibilities stipulated by the State Council, supervise and manage food production and operation activities.

The health administrative department of the State Council shall, in accordance with this Law and the responsibilities stipulated by the State Council, organize food safety risk monitoring and risk assessment, and work together with the food safety supervision and management department of the State Council to formulate and publish national food safety standards.

Other relevant departments of the State Council shall undertake food safety work in accordance with this Law and the responsibilities stipulated by the State Council.

Article 6: Local people's governments at or above the county level shall be responsible for the food safety supervision and management work in their respective administrative regions, and shall unify the leadership, organization, and coordination of the food safety supervision and management work in their respective administrative regions, as well as the response to food safety emergencies. They shall establish and improve a mechanism for the full process supervision and management of food safety and an information sharing mechanism.

Local people's governments at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the responsibilities of the food safety supervision and management, health administrative departments, and other relevant departments at the same level. The relevant departments are responsible for food safety supervision and management in their respective administrative regions within their respective scope of responsibilities.

The food safety supervision and management department of the county-level people's government may establish dispatched agencies in townships or specific areas.

Article 7: Local people's governments at or above the county level shall implement a food safety supervision and management responsibility system. The superior people's government is responsible for evaluating and assessing the food safety supervision and management work of the lower level people's government. Local people's governments at or above the county level are responsible for evaluating and assessing the food safety supervision and management work of the local food safety supervision and management department and other relevant departments.

Article 8: People's governments at or above the county level shall incorporate food safety work into their national economic and social development plans, include food safety work funds in their financial budgets, strengthen the construction of food safety supervision and management capabilities, and provide guarantees for food safety work.

The food safety supervision and management departments of the people's governments at or above the county level and other relevant departments shall strengthen communication and close cooperation, exercise their powers in accordance with their respective responsibilities, and assume responsibilities in accordance with the law.

Article 9: The food industry association shall strengthen industry self-discipline, establish and improve industry norms and reward and punishment mechanisms in accordance with the articles of association, provide food safety information, technology and other services, guide and supervise food producers and operators to produce and operate in accordance with the law, promote industry integrity construction, and promote and popularize food safety knowledge.

Consumer associations and other consumer organizations shall conduct social supervision in accordance with the law on behaviors that violate the provisions of this law and harm the legitimate rights and interests of consumers.

Article 10: People's governments at all levels shall strengthen the publicity and education of food safety, popularize food safety knowledge, encourage social organizations, grassroots mass autonomous organizations, and food producers and operators to carry out the popularization of food safety laws, regulations, food safety standards and knowledge, advocate healthy eating habits, enhance consumer food safety awareness and self-protection ability.

News media should carry out public welfare publicity on food safety laws, regulations, food safety standards and knowledge, and conduct public opinion supervision on food safety violations. The publicity and reporting on food safety should be truthful and fair.

Article 11: The state encourages and supports the development of basic and applied research related to food safety, and encourages and supports food producers and operators to adopt advanced technologies and management norms to improve their food safety level.

The state implements strict management systems for the use of pesticides, accelerates the elimination of highly toxic, highly toxic, and high residue pesticides, promotes the research and application of alternative products, and encourages the use of efficient, low toxic, and low residue pesticides.

Article 12: Any organization or individual has the right to report food safety violations, obtain food safety information from relevant departments in accordance with the law, and provide opinions and suggestions on food safety supervision and management work.

Article 13: Units and individuals who have made outstanding contributions in food safety work shall be commended and rewarded in accordance with relevant national regulations.

Chapter 2 Food Safety Risk Monitoring and Assessment

Article 14: The state shall establish a food safety risk monitoring system to monitor foodborne diseases, food contamination, and harmful factors in food.

The health administrative department of the State Council, in conjunction with the food safety supervision and management departments of the State Council, shall formulate and implement a national food safety risk monitoring plan.

After obtaining information on food safety risks, the food safety supervision and management department of the State Council and other relevant departments shall immediately verify and report to the health administrative department of the State Council. The health administrative department of the State Council shall, in conjunction with relevant departments of the State Council, analyze and study the food safety risk information reported by relevant departments and the information on foodborne diseases reported by medical institutions. If deemed necessary, the national food safety risk monitoring plan shall be adjusted in a timely manner.

The health administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the central government, in conjunction with the food safety supervision and management departments at the same level, shall formulate and adjust the food safety risk monitoring plan for their respective administrative regions in accordance with the national food safety risk monitoring plan and the specific situation of their respective administrative regions. The plan shall be filed and implemented by the health administrative department of the State Council.

Article 15: Technical institutions responsible for food safety risk monitoring shall carry out monitoring work in accordance with the food safety risk monitoring plan and monitoring plan, ensure the authenticity and accuracy of monitoring data, and submit monitoring data and analysis results in accordance with the requirements of the food safety risk monitoring plan and monitoring plan.

Food safety risk monitoring personnel have the right to enter the relevant edible agricultural product cultivation and breeding, food production and business premises to collect samples and relevant data. The cost of collecting samples shall be paid according to market prices.

Article 16: If the results of food safety risk monitoring indicate the possible existence of food safety hazards, the health administrative department of the people's government at or above the county level shall promptly report the relevant information to the food safety supervision and management departments at the same level, and report to the health administrative department of the people's government at the same level and the higher-level people's government. Food safety supervision and management departments should organize further investigations.

Article 17: The state shall establish a food safety risk assessment system, use scientific methods, and conduct risk assessments on biological, chemical, and physical hazards in food, food additives, and food related products based on food safety risk monitoring information, scientific data, and relevant information.

The health administrative department of the State Council is responsible for organizing food safety risk assessment work and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology, environment, and other fields to conduct food safety risk assessment. The results of food safety risk assessment shall be announced by the health administrative department of the State Council.

Experts from the Food Safety Risk Assessment Expert Committee should participate in the safety assessment of pesticides, fertilizers, veterinary drugs, feed, and feed additives.

Food safety risk assessment shall not charge producers or operators fees, and the collection of samples shall be paid at market prices.

Article 18: If one of the following situations occurs, a food safety risk assessment shall be conducted:

（1） Discovering potential safety hazards in food, food additives, or food related products through food safety risk monitoring or receiving reports;

（2） Risk assessment is necessary to provide scientific basis for the formulation or revision of national food safety standards;

（3） To determine the key areas and varieties of supervision and management that require risk assessment;

（4） Discovering new potential food safety hazards;

（5） It is necessary to determine whether a certain factor constitutes a food safety hazard;

（6） Other situations that the health administrative department of the State Council deems necessary for risk assessment.

Article 19: If the food safety supervision and administration, agricultural administration and other departments of the State Council discover the need for food safety risk assessment in their supervision and management work, they shall propose suggestions for food safety risk assessment to the health administration department of the State Council, and provide information and materials such as risk sources, relevant inspection data and conclusions. If it falls under the circumstances stipulated in Article 18 of this Law, the health administrative department of the State Council shall promptly conduct a food safety risk assessment and report the assessment results to the relevant departments of the State Council.

Article 20: The health administrative departments and agricultural administrative departments of the people's governments at or above the provincial level shall promptly report to each other the safety risk monitoring information of food and edible agricultural products.

The health administrative departments and agricultural administrative departments of the State Council shall promptly report to each other the results of food and edible agricultural product safety risk assessments.

Article 21: The results of food safety risk assessment are the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management.

If, after conducting a food safety risk assessment, it is concluded that food, food additives, or food related products are unsafe, the food safety supervision and management departments of the State Council shall immediately announce to the public in accordance with their respective responsibilities, inform consumers to stop consuming or using them, and take corresponding measures to ensure that the production and operation of the food, food additives, or food related products are stopped; If it is necessary to formulate and revise relevant national food safety standards, the health administrative department of the State Council shall, in conjunction with the food safety supervision and management department of the State Council, immediately formulate and revise them.

Article 22: The food safety supervision and management department of the State Council shall, in conjunction with relevant departments of the State Council, conduct a comprehensive analysis of the food safety situation based on the results of food safety risk assessment and food safety supervision and management information. The food safety supervision and management department of the State Council shall promptly issue food safety risk warnings for foods that have been comprehensively analyzed and may have a high degree of safety risk, and make them public to the society.

Article 23: The food safety supervision and management department of the people's government at or above the county level, other relevant departments, the food safety risk assessment expert committee and its technical institutions shall, in accordance with the principles of science, objectivity, timeliness, and openness, organize food producers and operators, food inspection institutions, certification institutions, food industry associations, consumer associations, and news media to exchange and communicate information on food safety risk assessment and food safety supervision and management.