Decree No.43 of the State Administration for Industry and Commerce
The Measures for the Supervision and Administration of Food Safety in Circulation Links, which have been deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China, are hereby promulgated and shall come into force as of the date of promulgation. Director Zhou Bohua.
July 30(th), 2009
Measures for the supervision and administration of food safety in circulation
Chapter I General Principles
Article 1 In order to strengthen the supervision and management of food safety in circulation and maintain the order of the food market, these Measures are formulated in accordance with the provisions of the Food Safety Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Food Safety Law of People's Republic of China (PRC).
Article 2 Those engaged in food business activities in the circulation field within the territory of People's Republic of China (PRC) shall abide by these Measures.
Article 3 Food business operators shall engage in food business activities in accordance with laws, regulations and food safety standards, establish and improve food safety management systems, and take effective management measures to ensure food safety.
Food business operators are responsible for the food safety they operate, the society and the public, and bear social responsibilities.
Article 4 The administrative department for industry and commerce shall supervise and manage the food safety in circulation in accordance with laws, regulations, duties stipulated by the State Council and the provisions of these Measures.
Article 5 Under the unified leadership of the local people's governments, the local administrative departments for industry and commerce at or above the county level shall be responsible for the supervision and management of food safety in the circulation field within their respective jurisdictions.
Article 6 Local administrative departments for industry and commerce at or above the county level shall strengthen communication and close cooperation with other food supervision and management departments, exercise their functions and powers according to the division of responsibilities, and assume responsibilities.
Seventh to encourage and support food operators to adopt advanced technology and advanced management norms to improve the level of food safety.
Article 8 Local administrative departments for industry and commerce at or above the county level shall publish food safety information in accordance with laws and regulations and these Measures, so as to provide convenience for public consultation, complaints and reports. Any organization or individual has the right to report the violation of these measures in food business to the administrative department for industry and commerce, get information about food circulation safety, and put forward opinions and suggestions on food safety supervision and management in the circulation field.
Chapter II Food Management
Article 9 Food business operators are prohibited from dealing in the following foods:
(1) Foods produced using non-food raw materials or using chemicals other than food additives and other substances that may endanger human health, or foods produced using recycled foods as raw materials;
(2) Pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health exceed the food safety standards;
(three) the main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet the food safety standards;
(four) food that is spoiled, rancid, moldy, unclean, adulterated or has abnormal sensory properties;
(five) poultry, livestock, animals, aquatic animals and their products that died of illness, poisoning or unknown cause;
(6) Meat that has not been quarantined or failed to pass the quarantine inspection by the supervising agency for animal health, or meat products that have not been inspected or failed to pass the inspection;
(seven) food contaminated by packaging materials, containers, means of transport, etc. ;
(eight) food beyond the shelf life;
(9) Unmarked prepackaged foods;
(10) Foods prohibited by the state for special needs such as disease prevention;
(eleven) the food labels and instructions do not conform to the provisions of the third paragraph of Article 48 of the Food Safety Law;
(12) The imported prepackaged foods does not have Chinese labels or instructions, or the Chinese labels and instructions do not conform to the provisions of Article 66 of the Food Safety Law;
(thirteen) other foods that do not meet the food safety standards or requirements.
If the food producers take remedial measures and can ensure food safety, they can continue to sell the food that has been stopped because the labels, labels or instructions do not meet the food safety standards; When selling, the remedies taken by the producers shall be clearly indicated to consumers.
Article 10 Anyone who engages in food business shall obtain a food circulation license according to law, handle industrial and commercial registration with the food circulation license, and obtain a business license. Those who have not obtained the food circulation license and business license shall not engage in food business.
If the operating conditions of food business operators change and do not meet the requirements of food business, food business operators shall immediately take corrective measures; If there are hidden dangers of food safety accidents, it shall immediately stop food business activities and report to the local county-level administrative department for industry and commerce; If it is necessary to go through the licensing procedures again, it shall be handled according to law.
Article 11 A food trading enterprise shall establish and improve its food safety management system, organize employees to participate in food safety knowledge training, learn food safety laws, regulations, rules and standards, and establish training files; Equipped with full-time or part-time food safety management personnel, do a good job in food business inspection, and engage in food business activities according to law.
Twelfth food business operators should establish and implement the health examination system and health file system for employees. Employees engaged in food business shall have an annual health check-up and obtain a health certificate before engaging in food business. The items to be checked shall comply with the regulations of the province, autonomous region or municipality directly under the Central Government. Employees suffering from diseases stipulated in the Food Safety Law and the Regulations for the Implementation of the Food Safety Law shall not engage in the work of contacting directly imported food, and shall not engage in the work of contacting directly imported food.
Article 13 When purchasing food, a food business operator shall check the supplier's license, business license and food qualification certificate.
A food trading enterprise shall establish a food purchase inspection record system, and truthfully record the name, specification, quantity, production batch number, shelf life, supplier name and contact information, purchase date and other contents of the food.
Encourage other food operators to establish a system of inspection and recording of incoming goods in accordance with the provisions of the preceding paragraph.
A food business enterprise that implements a unified distribution business model can uniformly check the supplier's license, business license and food qualification documents by the enterprise headquarters, and make a good record of food purchase inspection. Copies of relevant information can be kept by relevant business enterprises for future reference, and can also be consulted online by information technology.
Article 14 When selling food, an operating enterprise engaged in food wholesale business shall truthfully record the name, specification, quantity, production batch number, shelf life, name and contact information of the buyer, sales date and other contents of the wholesale food, or keep a sales bill containing the above information.
Food trading enterprises engaged in wholesale business shall issue sales documents or lists containing the information specified in the preceding paragraph to buyers, and affix their seals or signatures at the same time.
Fifteenth food inspection records, wholesale records or bills should be true, and the storage period should not be less than two years.
Sixteenth to encourage food business operators to use advanced technical means to record matters required by laws, regulations and these measures.
Article 17 The containers, tools and equipment for food business operators to store, transport, load and unload food shall be safe, harmless and clean, prevent food contamination, and meet the special requirements such as temperature required to ensure food safety. Food shall not be transported with toxic and harmful substances.
Article 18 Food business operators shall regularly check the stored and sold foods, check the production date and shelf life of the foods, promptly clean up the foods that have deteriorated and exceeded the shelf life and other foods that do not meet the food safety standards, voluntarily withdraw them from the market, and make relevant records.
Article 19 When storing bulk food, food business operators shall indicate the name, production date, shelf life, producer's name and contact information of the food at the storage place.
When selling bulk food, food business operators shall indicate the food name, production date, shelf life, producer name and contact information on the containers and outer packaging of bulk food.
Food business operators selling fresh food and cooked food products shall meet the special requirements of food safety, such as temperature and spatial isolation, to prevent cross-contamination.
Article 20 The packaging of prepackaged foods sold by food dealers shall be labeled. The contents of the label shall comply with the provisions of Article 42 of the Food Safety Law.
Labels and instructions of food shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention and treatment.
Food labels and instructions should be clear, obvious and easy to identify.
Food business operators shall sell prepackaged foods in accordance with the warning signs, warning instructions or precautions marked on food labels.
Twenty-first food business operators should take the initiative to provide sales vouchers to consumers, and fulfill the obligation to replace and return food that does not meet food safety standards.
Encourage food operators to attach special identification marks to the food packages they sell to distinguish the food they sell from the food sold by other food operators.
Article 22 The promoters of centralized food trading markets, the lessors of food counters and the promoters of food fairs shall perform the following management obligations according to law:
(1) Examining the food circulation license and business license of food business operators;
(2) Defining the food safety management responsibilities of food business operators;
(three) regularly check the operating environment and conditions of food operators;
(four) to establish a file of food business operators, and record the basic information of food business operators in the market, the main purchase channels, business varieties, brands and suppliers;
(five) establish and improve the food management system, strengthen the training of food operators;
(six) the establishment of food information publicity media, timely disclosure of relevant food information released by the market or administrative organs;
(seven) other food safety management obligations that should be fulfilled.
The promoters of the centralized food trading market, the lessors of food counters and the organizers of food fairs shall be prohibited from entering the market if they find that food operators do not have the business qualifications; If it is found that a food business operator does not have the business environment and conditions suitable for the food it deals in, it may suspend or cancel its business qualification; If it is found that the food business does not meet the food safety standards or has other illegal acts, it should be stopped in time and the relevant situation should be reported to the administrative department for industry and commerce in the area immediately.
Twenty-third food operators should establish and implement the food delisting system. When a food business operator finds that the food it deals in does not meet the food safety standards, it shall immediately stop the business operation, store it off the shelf separately, notify the relevant producers, operators and consumers, record the situation of stopping the business operation and notification, and report the relevant situation to the administrative department for industry and commerce in the jurisdiction.
If a food business operator fails to stop dealing in food that does not meet the food safety standards in accordance with the provisions of the preceding paragraph, the administrative department for industry and commerce may order him to stop doing business.
Article 24 The contents of food advertisements shall be true and lawful, and shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention and treatment.
Food advertisements shall not contain foods recommended to consumers by food safety supervision and management departments or institutions undertaking food inspection duties, food industry associations and consumer associations.
Twenty-fifth social organizations, other organizations and individuals who recommend food to consumers in false advertisements and harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators.
Twenty-sixth food business enterprises shall formulate plans for handling food safety accidents, regularly check the implementation of various food safety preventive measures of enterprises, and eliminate hidden dangers of food safety accidents in time.
Food business operators who have food safety accidents shall immediately take control measures such as sealing up the food and its raw materials, tools and equipment that have caused or may cause food safety accidents, and report to the health administrative department of the local people's government at the county level within 2 hours after the accident.
Article 27 The promoters of centralized food trading markets, lessors of food business counters, organizers of food fairs and qualified food business enterprises are encouraged to equip themselves with necessary testing equipment to conduct self-inspection or inspection of food.
Chapter III Supervision and Administration
Twenty-eighth local administrative departments for industry and commerce at or above the county level shall carry out their work in accordance with the annual food safety supervision and management plan formulated by the local people's government.
Twenty-ninth local administrative departments for industry and commerce at or above the county level shall perform the duties of food safety supervision and management in circulation, and have the right to take the supervision and management measures stipulated in Article 77 of the Food Safety Law.
Thirtieth local administrative departments for industry and commerce at or above the county level shall strictly implement the regulatory responsibilities and supervise and inspect the food market. Food business operators shall accept and cooperate with the supervision and inspection of the administrative department for industry and commerce.
Article 31 When conducting supervision and inspection, the local administrative departments for industry and commerce at or above the county level shall record the supervision and inspection. If illegal acts are found, they shall truthfully record them, file them after being signed by the supervision and inspection personnel and food business operators, and investigate and deal with them according to law; If a case should be put on file for investigation or transferred to other organs for handling according to law, it shall be specified in the supervision and inspection records.
The retention period of supervision and inspection records shall conform to the relevant provisions on file management.
Article 32 Local administrative departments for industry and commerce at or above the county level shall establish food safety credit files for food business operators, and record the issuance of licenses, the results of daily supervision and inspection, the investigation and punishment of illegal acts, and the suspension of food business by food business operators who do not meet food safety standards. Relying on the Jin Xin Project, the food safety credit situation of food operators is regarded as an important part of the enterprise credit classification supervision, individual industrial and commercial households hierarchical classification supervision and market credit classification supervision system, and the frequency of supervision and inspection is increased for food operators with bad credit records, and supervision and management are strengthened.
Thirty-third local administrative departments for industry and commerce at or above the county level shall strengthen the daily supervision and inspection of the business activities of food operators; If it is found that it does not meet the requirements of food business, it shall be ordered to correct it immediately and deal with it according to law; If it no longer meets the business license conditions, the relevant license shall be revoked according to law.
Thirty-fourth local administrative departments for industry and commerce at or above the county level shall take corresponding supervision and management measures for non-edible chemicals and other substances that may endanger human health announced by the health administrative department of the State Council.
If the local administrative authorities for industry and commerce at or above the county level find that food does not meet food safety standards during supervision and inspection and order food operators to stop business, they shall promptly trace the source and direction of food; Involving other regions, it shall promptly report to the higher administrative department for industry and commerce, and notify the relevant administrative department for industry and commerce in writing to investigate and deal with it according to law.
Thirty-fifth local administrative departments for industry and commerce at or above the county level shall, in the course of supervision and inspection, notify the relevant competent departments in writing in a timely manner if they find that food business operators deal in foods that do not meet the food safety standards and the reasons are caused by other links.
Thirty-sixth local administrative departments for industry and commerce at or above the county level shall publish the e-mail address or telephone number of their own units and accept inquiries, complaints and reports; The consultation, complaint and report received shall be answered, verified and handled in accordance with the provisions of Article 80 of the Food Safety Law, and the consultation, complaint, report, reply, verification and handling shall be recorded and kept.
Thirty-seventh local administrative departments for industry and commerce at or above the county level shall, in accordance with the relevant provisions of the Food Safety Law and the food monitoring plan of the local people's government, conduct regular or irregular sampling inspection of food in circulation.
The local administrative departments for industry and commerce at or above the county level shall, according to the key foods determined in the annual food safety supervision and management plan of the administrative region formulated by the local people's government, foods with more complaints and reports from consumers, foods with more concentrated problems found in market supervision and inspection, and cases investigated and reported by relevant departments, conduct irregular sampling inspection on whether the foods in circulation meet the food safety standards.
Article 38 Where the local administrative departments for industry and commerce at or above the county level need to conduct food inspection in law enforcement, they shall entrust a food inspection agency that complies with the provisions of the Food Safety Law and pay relevant fees.
Thirty-ninth local administrative departments for industry and commerce at or above the county level shall purchase samples and pay relevant fees when implementing food sampling inspection and rapid detection; No inspection fees and any other fees are charged to food operators, and the required funds are paid by the finance at the same level.
Article 40 When sampling food, the local administrative departments for industry and commerce at or above the county level shall make records of sampling inspection, and conduct on-site inspection on the relevant tickets, source, quantity, inventory and sales volume of the sampled food. Require inspection agencies to take samples according to the sampling rules stipulated by the state, and notify the nominal food producers of the sampling inspection results.
Article 41 When the local administrative departments for industry and commerce at or above the county level carry out sampling inspection according to law, the operators under sampling inspection shall cooperate with the sampling inspection work and truthfully provide information on the relevant tickets, sources, quantities, storage locations, inventory and sales volume of the food under sampling inspection.
Article 42 If there is any objection to the inspection conclusion, it may be re-examined according to law. Operators or nominal producers who have been sampled for inspection shall apply to the food inspection agency that undertakes the reinspection, and explain the reasons.
The list of re-inspection institutions is jointly announced by the State Council Certification and Accreditation Administration, health administration, agricultural administration and other departments. The reinspection conclusion issued by the reinspection institution is the final inspection conclusion.
The reinspection institution shall be selected by the reinspection applicant. The reinspection institution and the preliminary inspection institution shall not be the same institution.
If the re-inspection conclusion shows that the food is qualified, the re-inspection fee shall be borne by the sampling inspection department; If the re-inspection conclusion shows that the food is unqualified, the re-inspection expenses shall be borne by the food producers and operators.
Article 43 The local administrative department for industry and commerce at or above the county level that organizes sampling inspection shall, within five working days after receiving the inspection results, notify the sampled people of the sampling inspection results, order them to stop selling foods that do not meet the food safety standards, and supervise other food operators to take off the same batch of food. And in accordance with the relevant provisions, accurate, timely and objective announcement of food safety sampling information.
Article 44 The local administrative departments for industry and commerce at or above the county level that organize sampling inspection shall promptly notify the administrative departments for industry and commerce in writing or transfer them to the relevant law enforcement departments for handling the clues of food safety cases that are not under their jurisdiction.
Forty-fifth local administrative departments for industry and commerce at or above the county level may, in the supervision and management of food safety, adopt the rapid detection method determined in Article 50 of the Regulations for the Implementation of the Food Safety Law to conduct preliminary screening of food; The food that the preliminary screening results show may not meet the food safety standards shall be inspected in accordance with the provisions of the third paragraph of Article 60 of the Food Safety Law. The preliminary screening results shall not be used as the basis for law enforcement.
Article 46 Where food safety incidents occurring abroad may have an impact on China's territory, or serious food safety problems are found in imported food, the local administration for industry and commerce at or above the county level shall take corresponding measures after receiving the relevant notification from the national entry-exit inspection and quarantine department.
The local administrative departments for industry and commerce at or above the county level shall take corresponding measures when necessary after receiving the import and export food safety information notified by the national entry-exit inspection and quarantine department.
If the local administrative departments for industry and commerce at or above the county level find that there are safety problems in imported food during supervision and inspection, they shall timely inform the national entry-exit inspection and quarantine department of the relevant information on the safety of imported and exported food.
Forty-seventh local administrative departments for industry and commerce at or above the county level are encouraged to establish databases of food business entities, supervision and inspection databases and typical cases. Relying on 123 15 administrative law enforcement network, we will strengthen food supervision and inspection and improve the level of food safety supervision and management by using advanced technical means.
Forty-eighth local administrative departments for industry and commerce at or above the county level shall immediately notify the local health administrative department when they find food safety accidents in their daily supervision and management, or when they receive reports about food safety accidents.
When a food safety accident occurs, the administrative department for industry and commerce at the place where the incident occurred shall, under the unified leadership of the local people's government and in coordination with the relevant departments such as health administration, respond in time, take measures to control the development of the situation, and report to the administrative department for industry and commerce at a higher level in time.
In investigating food safety accidents, we should adhere to the principles of seeking truth from facts and respecting science, and find out the nature and causes of accidents in a timely and accurate manner. Identify the responsibility for the accident and put forward rectification measures.
No unit or individual may conceal, falsely report or delay reporting food safety accidents, and may not destroy relevant evidence.
Article 49 When participating in the investigation of food safety accidents, local administrative departments for industry and commerce at or above the county level have the right to know about the food safety accidents from relevant units and individuals, and ask for relevant materials and samples. The relevant units and individuals shall cooperate with the investigation and handling of food safety accidents, and provide relevant information and samples as required, and shall not refuse.
No unit or individual may obstruct or interfere with the investigation and handling of food safety.
Fiftieth local administrative departments for industry and commerce at or above the county level may publish the following information on daily supervision and management of food safety to the public:
(a) the implementation of administrative licensing in accordance with the Food Safety Law;
(2) A list of foods, food additives and food-related products ordered to suspend business;
(three) to investigate and deal with illegal acts of food business operators;
(four) special inspection and rectification work;
(five) other daily food safety supervision and management information as prescribed by laws and administrative regulations.
The local administrative departments for industry and commerce at or above the county level shall, according to their duties, release information on the daily supervision and management of food safety; Involving the duties of other food safety supervision and management departments, it shall be jointly announced.
Information on daily supervision and management of food safety should be released accurately, timely and objectively, and the possible hazards of related foods should be explained and explained.
The specific daily supervision and management information release system shall be formulated by the provincial administrative department for industry and commerce according to these measures.
Article 51 The local administrative department for industry and commerce at or above the county level shall report to the administrative department for industry and commerce at a higher level, which shall immediately report to the administrative department of health of the State Council when it learns the information that needs to be uniformly published as stipulated in the first paragraph of Article 82 of the Food Safety Law; When necessary, you can directly report to the health administrative department of the State Council.
The local administrative departments for industry and commerce at or above the county level shall inform each other of the obtained food safety information with other food safety supervision and management departments.
Article 52 The administrative departments for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall cooperate with the health administrative departments at the same level to formulate food safety risk monitoring programs in their respective administrative regions.
The local administrative departments for industry and commerce at or above the county level shall assist in the collection of food safety risk assessment information and materials stipulated in the first paragraph of Article 13 of the Regulations for the Implementation of the Food Safety Law.
The administrative departments for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall cooperate with the health administrative departments at the same level to track and evaluate the implementation of national and local food safety standards respectively.
The administrative departments for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall collect and summarize the problems existing in the implementation of food safety standards, and timely notify the health administrative departments at the same level.
Chapter IV Legal Liability
Article 53 In violation of the provisions of Item (1), Item (2), Item (3), Item (4), Item (5), Item (6), Item (8), Item (10) and Item (13) of Paragraph 1 of Article 9 and Paragraph 2 of Article 23 of these Measures, the illegal income, illegal food, tools, equipment and raw materials used for illegal business operations shall be confiscated. If the value of illegal food business is less than 1 10,000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked.
Fifty-fourth in violation of the provisions of article tenth of these measures, engaged in food business activities without permission, confiscate the illegal income, illegal food and tools, equipment and other items used for illegal business; If the value of illegal food business is less than 1 10,000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.
Article 55 Whoever, in violation of the provisions of Article 12 of these measures, arranges persons suffering from diseases listed in Article 34 of the Food Safety Law and Article 23 of the Regulations for the Implementation of the Food Safety Law to engage in the work of directly imported food, or violates the provisions of paragraphs 1 and 2 of Article 13, paragraph 1 of Article 14, article 15, article 18, article 19 and paragraph 2 of these measures, shall be ordered to make corrections and given a warning; Refuses to correct, a fine of two thousand yuan and twenty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
Fifty-sixth in violation of the provisions of the first paragraph of Article 9 (7), (9), (11) and (12) and the first paragraph of Article 20, the illegal income, illegal food and tools, equipment and other items used for illegal business operations shall be confiscated; If the value of illegal food business is less than 1 10,000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than two times and less than five times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked.
Fifty-seventh in violation of the provisions of article seventeenth of these measures, the food business enterprise fails to carry out food transportation in accordance with the requirements, and shall be ordered to make corrections and given a warning; Refuses to correct, shall be ordered to stop production and business, and impose a fine of two thousand yuan and fifty thousand yuan; If the circumstances are serious, the license shall be revoked by the original issuing department.
Fifty-eighth in violation of the provisions of the first paragraph of article twenty-second (1), (2) and (3) of these measures, a fine of two thousand yuan and fifty thousand yuan shall be imposed; If serious consequences are caused, the original issuing department shall order it to suspend business and revoke its license.
Fifty-ninth in violation of the provisions of the first paragraph of Article 24 of these measures, advertisers shall be ordered to stop advertising, and the equivalent advertising expenses shall be used to publicly correct and eliminate the influence within the corresponding scope, and a fine of more than one time and less than five times the advertising expenses shall be imposed. In violation of the provisions of the second paragraph of Article 24 of these measures, the illegal income shall be confiscated, and the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions of gross demerit, demotion or dismissal.
Sixtieth in violation of the provisions of the second paragraph of Article 26 of these measures, food business enterprises do not handle or report food safety accidents, and the administrative department for industry and commerce shall order them to make corrections according to the division of responsibilities and give them a warning; Those who destroy relevant evidence shall be ordered to suspend business and be fined more than 2,000 yuan10,000 yuan; If serious consequences are caused, the license shall be revoked by the original issuing department.
Sixty-first food business conditions change, does not meet the provisions of the second paragraph of article tenth of these measures, shall be ordered to make corrections, given a warning; If it causes serious consequences, it shall be punished in accordance with the provisions of Article 85 of the Food Safety Law.
Article 62 Whoever commits one of the following acts shall be ordered to make corrections, and those who refuse to make corrections shall be fined not more than 10,000 yuan:
(a) food business operators employ people who have not obtained health certificates to engage in food business;
(two) the food business operators did not take the initiative to provide sales vouchers to consumers, or refused to fulfill the obligation of replacing or returning food that did not meet the food safety standards;
(3) The food business operator refuses the supervision and inspection by the administrative department for industry and commerce according to law.
Sixty-third in violation of the provisions of these measures, one of the following acts, shall be ordered to make corrections, refused to make corrections, punishable by a fine of ten thousand yuan; If the circumstances are serious, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed:
(1) A food business enterprise engaged in wholesale business fails to issue a sales receipt or list to the purchaser;
(2) The promoters of the centralized food trading market, the lessors of the food business counters, and the organizers of the food fair have not established a file of food business operators to record the basic information of food business operators in the market, the main purchase channels, business varieties, brands and suppliers; Failing to set up a food information publicity media to publicize the relevant food information released by the market or administrative organs in a timely manner.
Article 64 Food business operators who voluntarily eliminate or mitigate the harmful consequences of illegal acts or have other legal circumstances shall be given a lighter or mitigated punishment.
If the illegal act is minor and corrected in time, and no harmful consequences are caused, no punishment will be imposed.
Sixty-fifth local administrative departments for industry and commerce at or above the county level in the supervision and inspection, found that food business operators suspected of violating the provisions of these measures, should be transferred to the public security organs according to law.
Article 66 Where the local administrative department for industry and commerce at or above the county level fails to perform the statutory duties of food safety supervision and management, fails to perform daily supervision and inspection, or abuses his power, neglects his duty or engages in malpractices for personal gain, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions of gross demerit or demotion according to law; Causing serious consequences, be dismissed or expelled; The person in charge should take the blame and resign.
Chapter V Supplementary Provisions
Article 67 The supervision and management of edible agricultural products shall be governed by the Law on Quality and Safety of Agricultural Products.
Article 68 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.
Article 69 These Measures shall come into force as of the date of promulgation.