In order to implement the first responsibility for food safety of food producers and operators, strengthen food safety supervision, and ensure public health and life safety, on February 9, 2015, the china food and drug administration executive meeting deliberated and adopted the Measures for the Administration of Food Recall. On March 11th, Director Bi Jingquan of china food and drug administration signed Order No.12, which will be implemented on September 1st, 2015.
China food and drug administration conscientiously implements the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, adheres to scientific and democratic legislation, and strives to improve the quality of legislation. On the basis of fully absorbing and drawing lessons from useful experience at home and abroad, after extensive investigation and repeated argumentation, the Measures for the Administration of Food Recall was formed. The main contents include:
First, strengthen the prevention and control of food safety risks.First, if unsafe food is found in the process of production and operation, the food producers and operators shall immediately stop production and operation; If the products have entered the market, the food producers and operators shall recall the unsafe food in strict accordance with the time limit, and inform the relevant food producers and operators to stop production and operation and consumers to stop eating, and take necessary measures to prevent and control food safety risks. Second, if the promoters of centralized food trading markets, lessors of food counters, organizers of food fairs and providers of third-party platforms for online food trading find unsafe food, they should take effective measures in time to ensure that relevant operators stop operating unsafe food. The third is to standardize the recall time limit of food producers and operators. If the first-level recall has caused or may cause serious health damage or even death after eating, it shall be started within 24 hours after knowing the food safety risks and completed within 10 working days; If the second-level recall has caused or may cause general health damage after eating, it should be started within 48 hours after knowing the food safety risks and completed within 20 working days; Three-level recall refers to the food with false labels and labels, which should be started within 72 hours after knowing the relevant food safety risks and completed within 30 working days. Fourth, unsafe foods such as illegal addition of non-edible substances, corruption, sick and dead livestock and poultry, which seriously endanger human health and life safety, should be immediately destroyed on the spot.
Second, strengthen the implementation of corporate responsibility.The first is to clarify the main obligations. Food producers and business operators shall assume the obligation of being the first person responsible for food safety, and perform the responsibilities of stopping production, operation, recall and disposal of unsafe food according to law. The second is to standardize the announcement. Food producers and business operators shall publish unsafe food recall notices on the websites of food and drug supervision departments at or above the provincial level and major media. The third is a strict written report. If there is a great food safety risk in unsafe food, food producers and operators shall report in writing to the food and drug supervision department within 5 working days after stopping production and operation, recalling and disposing of unsafe food. The fourth is to standardize information recording. Food producers and business operators shall truthfully record the names, trademarks, specifications, production dates, batches, quantities and other contents of unsafe foods that have stopped production and operation, recalled and disposed of. The record retention period shall not be less than 2 years. The fifth is to strengthen accountability. Legal responsibilities have been set for acts such as not stopping production and operation immediately, not taking the initiative to recall, not starting the recall within the prescribed time limit, not recalling unsafe food according to the recall plan or not disposing of unsafe food according to regulations. While strengthening the main responsibility of food producers and operators, it is also stipulated that if food producers and operators take the initiative to stop production and operation, recall and dispose of unsafe food to eliminate or mitigate the harmful consequences, they will be given a lighter or mitigated punishment according to law; If the illegal circumstances are minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed.
Third, strengthen strict supervision according to law.First, it is ordered to perform according to law. If a food producer or operator fails to stop production and operation, recall and dispose of unsafe food according to law, the food and drug supervision department at or above the county level may order him to fulfill the above obligations. The second is to issue early warning information. In order to effectively prevent and control risks, the food and drug supervision department can issue early warning information, require relevant food producers and operators to stop producing and operating unsafe food, and prompt consumers to stop eating. The third is on-site supervision and inspection. The food and drug supervision department may conduct on-site supervision and inspection on the situation that food producers and operators stop production and operation, recall and dispose of unsafe food. The fourth is to carry out effect evaluation. The food and drug supervision department may evaluate the reports submitted by food producers and operators on the cessation of production, operation, recall and disposal of unsafe food. If the evaluation conclusion is that the measures taken by food producers and operators are not enough to control food safety risks, the food and drug supervision department shall order food producers and operators to take more effective measures to stop production and operation, recall and dispose of unsafe food. The food and drug supervision department shall organize the establishment of a food safety expert database to provide professional support for the cessation of production, operation, recall and disposal of unsafe food. The fifth is to strengthen the implementation of responsibilities. If the food and drug supervision department fails to perform its duties according to law, resulting in adverse consequences, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel according to law.
China food and drug administration requires local food and drug supervision departments to conscientiously publicize and implement the Measures for the Administration of Food Recall, further standardize the work of stopping production, operation, recall and disposal of unsafe food, continuously improve the ability and level of food safety supervision, effectively prevent and control food safety risks, and ensure public food safety.
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