Food Hygiene Law of the People??s Republic of China
[2008-12-23 16:54:51]
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1995.10.30 (Adopted??at??the 16th Meeting of the Standing Committee of??the??Eighth National People's Congress on October 30, 1995, promulgated by Order No. 59??of??the President of the People's Republic of China on??October??30, 1995, and effective as of the date of promulgation)????????????????????????????????CONTENTSCHAPTER I GENERAL PROVISIONSCHAPTER II FOOD HYGIENECHAPTER III HYGIENE OF FOOD ADDITIVESCHAPTER??IV??HYGIENE OF CONTAINERS, PACKAGINGS, UTENSILS??AND??EQUIPMENT USED FOR FOODCHAPTER??V FORMULATION OF FOOD HYGIENE STANDARDS AND MEASURES??FOR??FOOD HYGIENE CONTROLCHAPTER VI FOOD HYGIENE CONTROLCHAPTER VII FOOD HYGIENE SUPERVISIONCHAPTER VIII LEGAL RESPONSIBILITYCHAPTER IX SUPPLEMENTARY PROVISIONS????CHAPTER I GENERAL PROVISIONSArticle 1 This Law is enacted for the purpose of ensuring food??hygiene, preventing food contamination and harmful substances from injuring human health,??safeguarding??the??health of the??people??and??improving??their physical fitness.Article 2 The State institutes a system of food hygiene supervision.Article 3 The administrative department of public health under the State Council??shall be in charge of supervision and control of??food??hygiene throughout the country.Other??relevant??departments under the State Council shall,??within??the scope??of??their??respective functions and duties,??be??responsible??for control of food hygiene.Article??4??Whoever engages in food production or marketing??within??the territory of the People's Republic of China must observe this Law.This Law applies to all foods and food additives as well as??containers, packagings,??utensils??and??equipment??used??for??food,??detergents??and disinfectants;?? it??also??applies??to??the??premises,??facilities?? and environment associated with food production or marketing.Article??5??The State encourages and protects??the??social??supervision exercised by public organizations and individuals over food hygiene.Any??person shall have the right to inform the authorities and??lodge??a complaint about any violation of this Law.????CHAPTER II FOOD HYGIENEArticle??6??Food??shall??be nontoxic and??harmless,??conform??to??proper nutritive??requirements and have appropriate sensory properties such??as colour, fragrance and taste.Article??7??Principal??and supplementary foods??intended??specially??for infants??and??preschool??children shall conform??to??the??nutritive??and hygienic??standards??promulgated??by the??administrative??department??of public health under the State Council.Article??8??In??the??process??of??food??production??or??marketing,?? the requirements for hygiene stated below shall be conformed to:(1) The environment inside and outside any food production or??marketing establishment??shall be kept clean and tidy; measures shall be taken??to eliminate??flies, rodents, cockroaches and other harmful insects and??to remove conditions for their propagation; and a prescribed distance shall be kept from any toxic or harmful site;(2)??An??enterprise engaged in food production or marketing??shall??have workshops or other premises for the preparation of raw materials and for processing, packing and storage that are commensurate with the varieties and quantities of the products handled;(3)??Appropriate??facilities shall be made available??for??disinfection, changing??clothes,??toilet, natural and artificial??light,??ventilation, prevention??of spoilage, protection against dust, elimination??of??flies and rodents, washing of equipment, sewage discharge and the??containment of garbage and other wastes;(4)??The??layout of installations and the application??of??technological processes??shall be rational in order to prevent??contamination??between foods to be processed and ready-to-eat foods, and between raw??materials and finished products; food must not be placed in contact with any toxic substance or filth;(5) Tableware, kitchenware and containers for ready-to-eat foods must be cleaned??and??disinfected??prior??to use;??cooking??utensils??and??other utensils must be washed after use and kept clean;(6)??Any??containers, packagings, utensils and equipment??used??for??the storage,??transportation, loading and unloading of food as well??as??the conditions??under which these operations are carried out must??be??safe, harmless and kept clean in order to prevent food contamination;(7)??Ready-to-eat foods shall be kept in small packets or??in??nontoxic, clean packaging materials;(8) All persons involved in food production or marketing shall??maintain a constant standard of personal hygiene, taking care to wash their hands thoroughly??and wear clean work clothes and headgear while preparing??or selling food; also, proper utensils must be used when selling??ready-to-eat foods;(9)??Any water used must conform to the national hygiene??standards??for drinking-water in urban and rural areas;(10) The detergents and disinfectants used shall be safe and harmless to human health.The hygienic requirements for food production or marketing undertaken by food vendors and persons engaged in the food business in urban and rural markets??shall be formulated specifically according to this Law??by??the standing??committees??of??the??people's??congresses??in??the??provinces, autonomous??regions,??or??municipalities??directly??under??the?? Central Government.Article??9??The??production??and marketing of??foods??in??the??following categories shall be prohibited:(1) foods that can be injurious to human health because they are??putrid or??deteriorated, spoiled by rancid oil or fat, moulded,??infested??with insects or worms, contaminated, contain foreign matter or manifest other abnormalities in sensory properties;(2)??foods??that??contain or are contaminated by??toxic??or??deleterious substances and can thus be injurious to human health;(3) foods that contain pathogenic parasites, microorganisms or an amount of microbial toxin exceeding the tolerance prescribed by the State;(4)??meat??and??meat??products??that have??not??been??inspected??by??the veterinary health service or have failed to pass such inspection;(5)??poultry,??livestock, game and aquatic animals that have??died??from disease, poisoning or some unknown cause, as well as products made??from them;(6) foods contaminated by use of filthy or seriously damaged??containers or packages, or filthy means of conveyance;(7)??foods that impair nutrition or health because they are??adulterated or misbranded;(8)??foods processed with non-food raw materials; foods mixed with??non-food chemical substances, or non-food stuffs used as food;(9) foods that has expired the date for guaranteed quality;(10) foods of which the sale has been specifically prohibited, for??the prevention??of diseases or other special reasons, by the??administrative department??of public health under the State Council or by the??people's governments??of??the provinces, autonomous??regions,??or??municipalities directly under the Central Government;(11)??foods??that??contain??additives??not??approved??for??use??by?? the administrative??department of public health under the State??Council??or residues of pesticides exceeding the tolerance prescribed by the??State; and(12)??other foods that do not conform to the standards and??requirements for food hygiene.Article??10??Food??must??not??contain??medicinal??substances,??with??the exception of those materials that have traditionally served as both food and??medicaments and are used as raw materials, condiments or??nutrition fortifiers.???????????????? CHAPTER III HYGIENE OF FOOD ADDITIVESArticle??11??The production, marketing and use of??food??additives??must conform??to??the??hygiene standards for use of food??additives??and??the hygiene??control regulations; the food additives that do not conform??to the??hygiene??standards and the hygiene control regulations may??not??be marketed and used.CHAPTER??IV??HYGIENE OF CONTAINERS, PACKAGINGS, UTENSILS??AND??EQUIPMENT USED FOR FOODArticle 12 Containers, packagings, utensils and equipment used for??food must?? conform??to??the??hygiene??standards??and??the??hygiene?? control regulations.Article 13 The raw materials for making containers, packagings, utensils and equipment used for food must meet hygiene requirements. The finished products should be easy to clean and disinfect.CHAPTER??V FORMULATION OF FOOD HYGIENE STANDARDS AND MEASURES??FOR??FOOD HYGIENE CONTROLArticle??14??The administrative department of public??health??under??the State??Council??shall formulate or approve and promulgate??the??national hygiene standards, hygiene control regulations and inspection procedures for??food,??food??additives, the containers,??packagings,??utensils??and equipment??used??for??food, the detergents and??disinfectants??used??for washing food or utensils and equipment used for food, and the tolerances for contaminants and radioactive substances in food.Article??15??If??the State has not formulated hygiene??standards??for??a certain??food,??the people's governments of??the??provinces,??autonomous regions,??or??municipalities directly under the Central??Government??may establish??local hygiene standards for that food and report them to??the administrative??department of public health under the State Council??and the competent standardization administration department under the??State Council for the record.Article 16 Norms of significance to the science of health to be included in??the national quality standards for food additives must??be??examined and approved by the administrative department of public health under the State Council.Appraisals??on??the safety for use of agricultural??chemicals,??such??as pesticides??and chemical fertilizers, shall be examined and approved??by the administrative department of public health under the State Council.Veterinary??hygiene inspection procedures for slaughtered livestock??and poultry??shall??be??formulated jointly by??the??relevant??administrative departments under the State Council and the administrative department of public health under the State Council.??????CHAPTER VI FOOD HYGIENE CONTROLArticle??17 The departments in charge of control of food??production??or marketing of the people's governments at various levels shall strengthen control of food hygiene and oversee the implementation of this Law.The??people's governments at various levels shall encourage and??support efforts??to??improve??food processing technology so as??to??promote??the improvement of hygienic quality of food.Article??18??Enterprises engaged in food production or??marketing??shall improve their own system for food hygiene control, appoint full-time??or part-time??workers to control food hygiene and strengthen inspection??of the foods they produce or market.Article??19??The selection of sites and the??designs??for??construction, extension??or??renovation??projects??of??enterprises??engaged??in?? food production??or??marketing??shall??meet??hygiene??requirements,??and??the administrative??department??of??public health must??participate??in??the examination??of??those designs and in the inspection and??acceptance??of finished projects.Article??20 Before starting production of new varieties of food or??food additives?? with??new??resources,??the??enterprises??engaged??in?? their production or marketing must submit the data required for evaluation??of the hygiene and nutrition of such products; before starting?? production of??new varieties of containers, packagings, utensils or equipment??used for foods, with new raw or processed materials, the enterprises??engaged??in??their??production??or marketing must submit the??data??required??for evaluation??of??the hygiene of such products. Before the??new??varieties mentioned??above are put into production, it shall also be necessary??to provide??samples of the varieties and the matter shall be??reported??for examination and approval in accordance with the specified procedures for examining and approving food hygiene standards.Article??21??Any??standardized??packaged food??or??food??additive??must, according??to the requirements for different products, have the name??of the product, the place of manufacture, the name of the factory, the date of??manufacture, the batch number (or code number), the??specifications, the??formula??or??principal??ingredients, the??date??of??expiration??for guaranteed??quality, the method of consumption or use, and??other??such information??indicated??in??the??label of the??package??or??the??product description. The product description for any food or food additive shall not contain exaggerated or false advertising.The label of the food package must be clearly printed and easy to??read. Foods sold on domestic markets must have labels in the Chinese language.Article??22??With regard to the food indicated to have??specific??health functions,??the??products and its description must be submitted??to??the administrative??department of public health under the State Council??for examination??and??approval; its hygiene standards and the??measures??for control??of??its??production and marketing shall be??formulated??by??the administrative department of public health under the State Council.Article 23 The food indicated to have specific health functions may??not be??harmful??for human health; the content of??the??product??description shall be true, and the functions and ingredients of the product shall be identical??with??the information given in the??product??description??and there shall be no false information.Article??24??Food, food additives and containers, packagings??and??other utensils used specially for food may be dispatched from factory or??sold only after their producers have carried out inspection and found them to be??up??to??the standards according to the??hygiene??standards??and??the hygiene control regulations.Article??25??Whenever producers or marketers of food??procure??supplies, they??shall, in accordance with the relevant State regulations,??request inspection certificates or laboratory test reports and the supplier must provide??these. The scopes and types of food that requires??certificates shall be specified by the administrative department of public health??of the??people's??governments??of the??provinces,??autonomous??regions,??or municipalities directly under the Central Government.Article??26??All persons engaged in food production??or??marketing??must undergo an annual medical examination; persons newly employed or serving temporarily??in this field must also undergo a medical??examination??and may not start work until they have obtained health certificates.No??persons suffering from dysentery, typhoid, viral hepatitis or??other infectious?? diseases??of??the??digestive??tract?? (including?? pathogen carriers),??active tuberculosis, suppurative or exudative dermatosis??or any other disease incompatible with food hygiene, may be engaged in??any work involving contact with ready-to-eat foods.Article??27 Enterprises engaged in food production or marketing as??well as?? food??vendors??must??obtain??a??hygiene??licence??issued?? by?? the??administrative?? department??of??public??health??before??they??shall??be permitted to apply for registration with the administrative??departments??of?? industry??and??commerce. No person who has not obtained??a??hygiene licence may engage in food production or marketing.Food??producers??or marketers may not forge, alter or lend??the??hygiene licence.The??measures for the issuance and control of hygiene licences shall??be worked??out??by the administrative departments of public health??of??the people's?? governments?? of??the??provinces,??autonomous?? regions,?? or municipalities directly under the Central Government.
Article??28??Persons??who??run??a food??market??of??any??type??shall??be responsible for the food hygiene control of the market, set up necessary public??sanitary facilities in the market and maintain a??good??sanitary environment. Article 29 The administrative departments of industry and commerce shall be??responsible??for??the control of food hygiene??on??urban??and??rural markets;??the??administrative??departments of??public??health??shall??be responsible for the supervision and inspection of food hygiene. Article??30 Imported foods, food additives and??containers,??packagings, utensils??and??equipment??used for food must comply??with??the??national hygiene standards and the hygiene control regulations. The above-mentioned imports shall be subject to hygiene supervision??and inspection??by??the??frontier??agencies??for??hygiene??supervision?? and inspection of imported food. Only those proved to be up to the standards through inspection shall be allowed to enter the territory. The??Customs authorities??shall??grant??clearance of goods on??the??strength??of??the inspection certificate. When??declaring such products for inspection, the importer shall??submit the??relevant data and inspection reports on the pesticides,??additives, fumigants??and??other??such substances used??by??the??exporting??country (region). The??imports??mentioned??in??the first paragraph??shall??be??subject??to inspection??in??accordance with the national hygiene standards.??In??the absence of the national hygiene standards for such imports, the importer must??provide??the??hygiene??evaluation??data??prepared??by??the??health authorities??or??organization of the exporting country (region)??to??the frontier??agencies??for hygiene supervision and inspection??of??imported food for examination and inspection and such data shall also be reported?? to?? the?? administrative department of public health??under??the??State?? Council for approval. Article 31 Foods for export shall be subject to hygiene supervision??and inspection??by??the??national inspection agency for??import??and??export commodities. The??Customs authorities shall grant clearance of export commodities??on the??basis of the certificates issued by the national inspection??agency for import and export commodities. ????CHAPTER VII FOOD HYGIENE SUPERVISION Article 32 The administrative departments of public health of the??local people's??governments at or above the county level shall exercise??their functions??and duties for food hygiene supervision within the??scope??of their jurisdiction. The??agencies for food hygiene supervision set up by the??administrative departments?? of??railways??and??communications??shall??exercise?? their functions and duties for food hygiene supervision jointly prescribed??by the administrative departments of public health under the State??Council and other relevant departments under the State Council. Article 33 The duties for food hygiene supervision shall be as follows: (1)??to provide monitoring, inspection and technical guidance??for??food hygiene; (2)??to contribute to the training of personnel for food production??and marketing and to supervise the medical examination of such personnel; (3)??to??disseminate knowledge of food hygiene??and??nutrition,??provide appraisals of food hygiene and publicize the existing situation in??food hygiene; (4) to conduct hygiene inspection of sites selected or designs made??for construction, extension or renovation projects of enterprises engaged in food??production??or??marketing and participate in??the??inspection??and acceptance of finished projects; (5) to undertake investigation of accidents involving food poisoning??or food contamination and take measures of control; (6) to make supervision and inspection rounds to see whether any act??is committed against this Law; (7) to pursue investigation of the responsibility of persons who violate this Law and impose administrative punishment on them according to law; and (8)??to??take??charge??of??other??matters??that??concern??food?? hygiene supervision. Article??34??The??administrative departments of??public??health??of??the people's??governments at or above the county level shall be manned??with food?? hygiene?? supervisors.??Such??supervisors??shall?? be?? qualified professionals??and issued with such certificates by??the??administrative departments of public health at the corresponding levels. The??food??hygiene??supervisors appointed by departments??in??charge??of railways?? and??communications??agencies??shall??be??issued?? with?? the certificates by the competent authorities at a higher level. Article??35 Food hygiene supervisors shall carry out the tasks??assigned to them by the administrative department of public health. Food??hygiene??supervisors shall enforce laws impartially, be??loyal??to their duties and may not seek personal gain by taking advantage of their office. While??carrying??out their tasks, food hygiene??supervisors??may??obtain information??from??the food producers or??marketers,??request??necessary data,??enter production or marketing premises to inspect them,??and??get free samples in accordance with regulations. The producers or??marketers may not turn down such requests or hold back any information. Food??hygiene??supervisors shall be obliged to??keep??confidential??any technical data provided by the producers or marketers. Article??36??The administrative department of public??health??under??the State??Council and those of the people's governments of??the??provinces, autonomous??regions,??or??municipalities??directly??under??the?? Central Government may, if the need arises, assign qualified units as units??for food??hygiene??inspection;??these units??shall??undertake??food??hygiene inspection and provide inspection reports. Article??37 The administrative department of public health of the??local people's??governments??at??or??above the??county??level??may??adopt??the following??temporary??measures??of control over??the??food??producer??or marketer??when a food poisoning accident has occurred or when??there??is evidence of a potential food poisoning accident: (1)??to??seal up the food and its raw materials that??have??caused??food poisoning or that are likely to cause food poisoning; (2)??to??seal up the contaminated utensils used for food and??order??the food producer or marketer to have them cleaned and disinfected. The??food??that is found to be contaminated after??inspection??shall??be destroyed,??while??the??food that is found??not??contaminated??shall??be unsealed. Article??38 The units where food poisoning accidents have??occurred??and the units that have admitted the victims for medical treatment shall, in addition??to taking rescue measures, submit prompt reports to the??local administrative departments of public health in accordance with??relevant State regulations. The?? administrative??department of public health of??a??local??people's?? government?? at??or above the county level shall, upon receipt??of??such report,??conduct??prompt investigation and handle the matter??and??adopt control measures. ????CHAPTER VIII LEGAL RESPONSIBILITY Article??39 Whoever, in violation of this Law, produces or markets??food which??is not up to the hygiene standards, thus causing an??accident??of food poisoning or resulting in a disease caused by food-borne??bacteria, shall be ordered to stop such production or marketing; the food??causing such??food??poisoning or disease shall be destroyed; the??illegal??gains shall??be??confiscated and a penalty of not less than one time??and??not more than five times the illegal gains shall concurrently be imposed; if there??are no illegal gains, a penalty of not less than 1,000??yuan??and not more than 50,000 yuan shall be imposed. Whoever, in violation of this Law, produces or markets food which is not up??to??the hygiene standards, thus causing a serious accident??of??food poisoning??or resulting in a disease caused by food-borne bacteria,??and seriously??harming??human??health, or adulterates food??he??produces??or markets??with??toxic??or??harmful??non-food??raw??materials,??shall?? be investigated for criminal responsibility according to law. If??a??person??commits any of the acts mentioned in??this??Article,??his hygiene licence shall be revoked. Article??40??If??anyone,??in violation of??this??Law,??engages??in??food production??or marketing without obtaining a hygiene licence or??with??a forged??hygiene licence, such production or marketing shall??be??banned; the??illegal gains shall be confiscated and a penalty of not??less??than one??time??and??not??more??than five??times??the??illegal??income??shall concurrently be imposed; if there are no illegal gains, a penalty of not less??than 500 yuan and not more than 30,000 yuan shall be??imposed.??If anyone alters or lends his hygiene licence, his hygiene licence and??the illegal??gains shall be confiscated; and a penalty of not less than??one time and not more than three times the illegal gains shall??concurrently be??imposed; if there are no illegal gains, a penalty of not??less??than 500 yuan and not more than 10,000 yuan shall be imposed. Article??41 If, in violation of this Law, any food producer or??marketer does??not comply with the hygiene requirements, he shall be??ordered??to set it right and given a disciplinary warning, and a penalty of not more then??5,000 yuan may be imposed; if he refuses to set it right or??other serious??circumstances??are??involved,??his??hygiene??licence??shall??be revoked. Article 42 If anyone, in violation of this Law, produces or markets food the production and marketing of which is prohibited, he shall be ordered to stop producing or marketing such food, a public announcement shall be made??immediately??to??recall??the??sold food??and??the??food??shall??be destroyed;??the illegal gains shall be confiscated and a penalty of??not less than one time and not more than five times the illegal gains??shall concurrently be imposed; if there are no illegal gains, a penalty of not less than 1,000 yuan and not more than 50,000 yuan shall be imposed;??if the offence is serious, the offender's hygiene licence shall be revoked. Article 43 If anyone, in violation of this Law, produces or markets??the principal??and??supplementary foods intended specially for??infants??and preschool??children??which do not conform to the nutritive??and??hygiene standards,??he??shall be ordered to stop producing??and??marketing??such foods,??a??public announcement shall be made immediately to??recall??the sold foods and the foods shall be destroyed; the illegal gains shall??be confiscated??and a penalty of not less than one time and not??more??than five times the illegal gains shall concurrently be imposed; if there are no??illegal??gains, a penalty of not less than 1,000 yuan and??not??more than??50,000??yuan??shall be imposed; if the??offence??is??serious,??the offender's hygiene licence shall be revoked. Article??44??If anyone, in violation of this Law, produces,??markets??or uses??the??food additives, food containers,??packagings,??utensils??and equipment??used??for food as well as the??detergents??and??disinfectants which??do not conform to the hygiene standards and the??hygiene??control regulations,??he shall be ordered to stop producing and using them;??the illegal??gains shall be confiscated and a penalty of not less??than??one time and not more than three times the illegal gains shall??concurrently be??imposed; if there are no illegal gains, a penalty of not??more??than 5,000 yuan shall be imposed. Article 45 If anyone, in violation of this Law, produces or markets??the food indicated to have specific health functions without examination and approval??by??the administrative department of public health??under??the State Council, or if the product description of such food provides false information,??he??shall be ordered to stop producing or??marketing??such food,??the illegal gains shall be confiscated and a penalty of not??less than??one??time??and not more than five times the??illegal??gains??shall concurrently be imposed; if there are no illegal gains, a penalty of not less than 1,000 yuan and not more than 50,000 yuan shall be imposed;??if the offence is serious, the offender's hygiene licence shall be revoked. Article??46??If anyone, in violation of this Law, does not??indicate??or falsely indicates specified matters such as the date of manufacture??and the date of expiration for guaranteed quality in the labels of??packages of??the standardized packaged food or food additives or in the??product descriptions,??or in violation of the regulations, does not have??labels in?? the??Chinese language, he shall be ordered to set it??right??and??a?? penalty?? of??not less than 500 yuan and not more than 10,000??yuan??may?? concurrently be imposed. Article??47??If a food producer or marketer, in violation of??this??Law, engages??in??food??production or marketing without??obtaining??a??health certificate,??or if the producers or marketers who suffer from??diseases and may not contact with ready-to-eat foods are not transferred to other posts according to relevant regulations, they shall be ordered to set it right and a penalty of not more than 5,000 yuan may be imposed. Article??48 If anyone, in violation of this Law, causes an??accident??of food poisoning or a disease engendered by food-borne bacteria or??causes harm to another person by other acts against this Law, he shall bear the civil liability for compensation according to law. Article??49 The administrative punishment provided in this Law shall??be decided??by??the administrative department of public health of??a??local people's??government??at or above the county??level.??Other??authorities exercising the power of food hygiene supervision as provided by this Law shall,??within??the??stipulated??scope of??functions??and??duties,??make decisions on administrative punishment in accordance with the provisions of this Law. Article?? 50??If??a??party??is??not??satisfied??with??the??decision?? on administrative??punishment, he may, within 15 days from receipt??of??the notice of punishment, apply for reconsideration to the organ at the next higher level over the one that has made the decision. The party may also directly bring a suit in a People's Court within 15 days from receipt of the said notice. The??reconsideration??organ shall, within 15 days from??receipt??of??the application for reconsideration, make a reconsideration decision. If the party??concerned is not satisfied with the reconsideration decision,??he may, within 15 days from receipt of the reconsideration decision,??bring a suit in a People's Court. If??a party neither applies for reconsideration, nor brings a suit in??a People's??Court??within??the time limit, nor??execute??the??decision??on administrative??punishment,??the organ that has made??the??decision??may apply to a People's Court for compulsory execution. Article??51??If??an??administrative??department??of??public??health,??in violation of this Law, issues hygiene licences to producers or marketers not??meeting the requirements, the persons who are directly??responsible for??the??offence shall be given administrative sanctions;??those??who accept??bribes, if the case constitutes a crime, shall??be??investigated for criminal responsibility in accordance with law. Article??52 Food hygiene supervisors and administrators who??by??abusing their??power,??neglecting their duties or engaging??in??malpractice for personal gain, cause a major accident, which constitutes a crime,??shall be??investigated for criminal responsibility in accordance with law;??if the??offence??does not constitute a crime, the offender shall??be??given administrative sanctions according to law. Article??53??Whoever prevents, by force or??intimidation,??food??hygiene supervisors or administrators from performing their duties according??to law shall be investigated for criminal responsibility in accordance with law;??whoever??prevents??or obstructs, without??resorting??to??force??or intimidation, food hygiene supervisors or administrators from performing their??duties according to law shall be punished by the public??security organs??in accordance with the Regulations on??Administrative??Penalties for Public Security. ????CHAPTER IX SUPPLEMENTARY PROVISIONS Article 54 For the purpose of this Law, the definitions of the following terms are: "Food"??means any finished product or raw materials provided for??people to eat or drink, as well as any product that has traditionally served as both food and medicament, with the exception of products used solely for medical purposes. "Food??additive" means any synthetic compound or natural??substance??put into food to improve its quality, colour, fragrance or taste, or for the sake of preservation or processing. "Food fortifier" means any natural or artificial food additive belonging to??the category of natural nutrients that is put into food to??increase its nutritive value. "Containers??and??packagings used for food" means??products??of??various materials??including paper, bamboo, wood, metal, enamelware,??ceramics, plastics,??rubber, natural fibres, synthetic fibres and glass??that??are used to wrap or contain food, as well as paints or coatings that come in direct contact with food. "Utensils??and??equipment??used??for??food"??means??apparatus??including machinery,??piping, conveyor belts, containers, utensils??and??tableware that??come in direct contact with food in the course of food??production or marketing. "Food production or marketing" means all operations in the production of food??(other??than??planting and breeding) and activities??such??as??the gathering, purchase, processing, storage, transport, display, supply and sale of food. "Producers or marketers of food" means all units or individuals involved in??food??production or marketing, including workers' dining??halls??and food vendors. Article??55 Measures for the administration of food for export shall??be formulated??separately??by the national import??and??export??commodities inspection department in conjunction with the administrative??department of public health and other relevant administrative departments under the State Council. Article 56 Hygiene control measures for food specially used or??supplied for its own use by the Army shall be formulated by the Central??Military Commission in accordance with this Law. Article??57??This??Law??shall??come??into??force??as??of??the??date?? of promulgation.??The??Food Hygiene Law of the People's Republic??of??China (for trial implementation) shall be annulled on the same date. |
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Source: 河南出入境检验检疫局
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