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Premier Li Keqiang signed a State Council decree promulgating the revised Regulations for the Implementation of the Food Safety Law of the People’s Republic of China.

Release Date:

2019-11-01

Premier Li Keqiang of the State Council recently signed a State Council decree promulgating the revised Regulations on the Implementation of the Food Safety Law of the People’s Republic of China (hereinafter referred to as the “Regulations”), which will take effect on December 1, 2019. The Regulations comprise 10 chapters and 86 articles.

The CPC Central Committee and the State Council attach great importance to food safety. The implementation of the newly revised Food Safety Law in 2015 has effectively boosted the overall level of food safety in China. At the same time, food safety work continues to face numerous difficulties and challenges, and some effective practices from regulatory practice need to be summarized and elevated into legal norms. To further refine and implement the newly revised Food Safety Law and address persistent issues in practice, it is necessary to revise the Regulations.

The Regulations strengthen food safety oversight by requiring people’s governments at or above the county level to establish a unified and authoritative regulatory system, enhance regulatory capacity, introduce supplementary provisions on random inspections and cross‑jurisdictional inspections, improve the whistleblower reward mechanism, and institute a blacklist of serious violators in food production and operation, along with a joint punitive mechanism for those who lose trust.

The Regulations have refined fundamental systems such as food safety risk monitoring and food safety standards, strengthened the application of risk-monitoring findings, standardized the development of local food safety standards, clarified the scope of filing for enterprise standards, and effectively enhanced the scientific basis of food safety work.

The Regulations further enforce the principal responsibility of food producers and operators for food safety, clarify the duties of enterprise principals, standardize the storage and transportation of food, prohibit false advertising, and improve the regulatory framework for special‑purpose foods.

The Regulations have refined the legal liabilities for food safety violations, providing that the legal representatives, principal persons in charge, directly responsible supervisors, and other persons directly liable of entities found to have intentionally committed unlawful acts shall be subject to fines, and imposing stringent legal liabilities commensurate with the newly introduced mandatory provisions.

Order of the State Council of the People’s Republic of China

No. 721

The Regulations for the Implementation of the Food Safety Law of the People’s Republic of China were revised and adopted at the 42nd Executive Meeting of the State Council on March 26, 2019. The revised Regulations are hereby promulgated and shall enter into force as of December 1, 2019.

Premier Li Keqiang

October 11, 2019

Regulations for the Implementation of the Food Safety Law of the People’s Republic of China

(Promulgated on July 20, 2009, by Order No. 557 of the State Council of the People’s Republic of China; amended in accordance with the Decision of the State Council on Amending Certain Administrative Regulations dated February 6, 2016; and further revised and adopted at the 42nd Executive Meeting of the State Council on March 26, 2019.)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Food Safety Law of the People’s Republic of China (hereinafter referred to as the Food Safety Law).

Article 2 Food producers and operators shall conduct their production and business activities in accordance with laws, regulations, and food safety standards, establish and improve a sound food safety management system, adopt effective measures to prevent and control food safety risks, and ensure food safety.

Article 3 The State Council Food Safety Commission is responsible for analyzing the food safety situation, formulating and deploying policies, coordinating and guiding food safety work, proposing major policy measures for food safety supervision and management, and ensuring the implementation of responsibilities for such supervision and management. Local people’s governments at or above the county level shall have their respective food safety commissions carry out their duties in accordance with the responsibilities prescribed by the people’s government at the same level.

Article 4: People’s governments at or above the county level shall establish a unified and authoritative food safety supervision and management system and strengthen capacity-building in food safety oversight and administration.

Food safety supervision and administration departments of people’s governments at or above the county level, together with other relevant departments, shall perform their duties in accordance with the law, strengthen coordination and cooperation, and ensure effective food safety supervision and management.

The people’s governments of townships and subdistrict offices shall support and assist the food safety supervision and administration departments of the county-level people’s governments and their dispatched agencies in carrying out food safety supervision and administration work in accordance with the law.

Article 5: The State shall incorporate food safety knowledge into the national education system, promote public awareness of food safety science and relevant laws, and enhance food safety consciousness throughout society.

Chapter 2: Food Safety Risk Monitoring and Assessment

Article 6: The health administrative departments of people’s governments at or above the county level, in conjunction with their counterparts responsible for food safety supervision and other relevant departments, shall establish a mechanism for consultation on food safety risk monitoring. They shall compile and analyze risk-monitoring data, assess food safety risks, and prepare a food safety risk‑monitoring analysis report to be submitted to the people’s government at the same level. Furthermore, the health administrative departments of local people’s governments at or above the county level shall simultaneously submit such reports to the health administrative department of the next higher‑level people’s government. The specific procedures for conducting consultations on food safety risk monitoring shall be formulated by the health administrative department of the State Council in coordination with the State Council’s departments responsible for food safety supervision and other relevant authorities.

Article 7: Where the results of food safety risk monitoring indicate the existence of food safety hazards, and where further investigation by the food safety supervision and administration authorities or other relevant departments confirms that it is necessary to notify the relevant food producers and operators, such notification shall be made without delay.

Food producers and operators receiving such notification shall immediately conduct a self‑inspection. If they find that their food does not comply with food safety standards or there is evidence indicating that it may pose a health risk, they shall, in accordance with Article 63 of the Food Safety Law, suspend production and sales, initiate a food recall, and report the relevant circumstances.

Article 8: When the State Council’s departments responsible for health administration and food safety supervision discover the need to conduct safety assessments of pesticides, fertilizers, veterinary drugs, feed, and feed additives, they shall submit recommendations for such assessments to the State Council’s agricultural administrative department. The State Council’s agricultural administrative department shall promptly organize the assessments and notify the relevant departments of the State Council of the assessment results.

Article 9 The State Council’s food safety supervision and administration department and other relevant departments shall establish a mechanism for the exchange of food safety risk information, specifying the content, procedures, and requirements for such exchanges.

Chapter 3: Food Safety Standards

Article 10. The health administrative department of the State Council, in conjunction with the State Council’s departments responsible for food safety supervision and agricultural administration, shall formulate a national food safety standards plan and its annual implementation plan. The health administrative department of the State Council shall publish on its website drafts of the national food safety standards plan and its annual implementation plan, and solicit public comments.

Article 11. The health administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government shall, in accordance with Article 29 of the Food Safety Law, formulate local food safety standards and shall solicit public comments. Within 30 working days from the date of promulgation of such local food safety standards, these departments shall submit the standards to the health administrative department of the State Council for record. If the health administrative department of the State Council finds that a locally filed food safety standard violates laws, regulations, or national food safety standards, it shall promptly order its correction.

Where a local food safety standard has been repealed in accordance with the law, the health administrative department of the people’s government of the province, autonomous region, or municipality directly under the central government shall promptly publish the details of such repeal on its website.

Article 12: Special foods, including health food, formula foods for special medical purposes, and infant formula, do not fall under the category of local specialty foods and may not be subject to the formulation of local food safety standards.

Article 13: After the promulgation of food safety standards, food producers and operators may implement such standards prior to their prescribed date of entry into force and shall publicly disclose any instances of early implementation.

Article 14: Food production enterprises shall not formulate enterprise standards that fall below the requirements of the national or local food safety standards. If a food production enterprise formulates enterprise standards with food safety criteria that are more stringent than those set forth in the national or local food safety standards, it shall file such standards with the health administrative department of the people’s government of the province, autonomous region, or municipality directly under the central government for record.

Food production enterprises that establish enterprise standards shall make such standards publicly available for free public access.

Chapter 4: Food Production and Operation

Article 15: The validity period of a food production and operation license is five years.

If the production and operation conditions of a food producer or operator change such that they no longer meet the requirements for food production and operation, the producer or operator shall immediately implement corrective measures; where re‑licensing is required, it shall be obtained in accordance with the law.

Article 16 The health administrative department of the State Council shall promptly publish the lists of new food raw materials, new varieties of food additives, and new varieties of food-related products, together with the applicable national food safety standards.

The State Council’s health administrative department, in conjunction with the State Council’s food safety supervision and administration department, shall promptly update the catalog of substances that are traditionally both foods and Chinese medicinal materials.

Article 17 The State Council’s food safety supervision and administration department, in conjunction with the State Council’s agricultural administrative and other relevant departments, shall specify the basic requirements for end-to-end food safety traceability and provide guidance to food producers and operators in establishing and improving their food safety traceability systems through information technology.

Food safety supervision and administration authorities, among others, shall prioritize the establishment of traceability systems for infant formula and other foods intended for specific population groups, as well as for other foods that pose a higher food safety risk or enjoy high sales volumes, in their inspection and oversight activities.

Article 18 Food producers and operators shall establish a food safety traceability system, and in accordance with the provisions of the Food Safety Law, accurately record and retain information on incoming goods inspection, outgoing product inspection, food sales, and other relevant matters, thereby ensuring the traceability of food.

Article 19: The principal person in charge of a food production and operation enterprise shall bear overall responsibility for the enterprise’s food safety work, establish and implement a food safety accountability system, and strengthen supplier management, incoming goods inspection and outgoing product inspection, process control during production and operation, and self‑inspection of food safety. The food safety management personnel of such enterprises shall assist the principal person in charge in carrying out food safety management.

Article 20 Food production and operation enterprises shall strengthen the training and assessment of their food safety management personnel. Such personnel shall possess a thorough understanding of the food safety laws, regulations, standards, and specialized knowledge relevant to their positions, and shall be competent in food safety management. The food safety supervision and administration authorities shall conduct random supervisory inspections and assessments of enterprise food safety management personnel. The assessment guidelines shall be formulated and promulgated by the State Council’s food safety supervision and administration authority.

Article 21 Where food or food additive producers and operators entrust the production of food or food additives, they shall entrust such production to producers who have obtained the requisite licenses for the production of food or food additives, and shall supervise their production activities, assuming responsibility for the safety of the entrusted food and food additives. The entrusted party shall carry out production in accordance with laws, regulations, food safety standards, and the terms of the contract, bear responsibility for its production activities, and accept supervision by the entrusting party.

Article 22: Food producers and operators shall not store, in food production or processing premises, any substances listed in the catalog established pursuant to Article 63 of these Regulations.

Article 23: The irradiation processing of food shall comply with the national food safety standards, and irradiated food shall be inspected and labeled in accordance with the requirements of such national food safety standards.

Article 24: The storage and transportation of food items with special requirements for temperature, humidity, or other conditions shall be conducted using appropriate equipment and facilities, such as thermal insulation, refrigeration, or freezing systems, which must be kept in proper working order.

Article 25 Where a food producer or operator entrusts the storage and transportation of food to another party, it shall verify the entrusted party’s capacity to ensure food safety and supervise the entrusted party to store and transport food in accordance with requirements for safeguarding food safety. The entrusted party shall ensure that the conditions for storing and transporting food comply with food safety standards and strengthen management of the storage and transportation processes.

Anyone entrusted by food producers or operators to store or transport food shall accurately record the name, address, contact information, and other relevant details of both the consignor and the consignee. Such records shall be retained for no less than two years after the completion of storage or transportation.

Non-food producers and operators engaging in the storage of food requiring specific temperature, humidity, or other conditions shall, within 30 working days from the date of obtaining their business license, file a record with the food safety supervision and administration department of the county-level people’s government where they are located.

Article 26: When a food service provider entrusts a centralized disinfection service provider with the cleaning and disinfection of tableware and drinkware, it shall verify and retain a copy of the service provider’s business license and its certificate of compliance with disinfection standards. Such records shall be kept for no less than six months after the expiration of the shelf life of the disinfected tableware and drinkware.

Article 27: Centralized disinfection service providers for tableware and drinkware shall establish a system for recording outgoing inspections, accurately documenting the quantity of disinfected tableware and drinkware, the date and batch number of disinfection, the period of use, the date of dispatch, as well as the name, address, and contact information of the commissioning party. The retention period for such inspection records shall be no less than six months after the expiration of the intended period of use of the disinfected tableware and drinkware. Disinfected tableware and drinkware shall bear on their individual packaging markings indicating the provider’s name, address, contact information, the date and batch number of disinfection, and the period of use.

Article 28: Canteens of centralized catering units, such as schools, childcare and early‑education institutions, elderly care facilities, and construction sites, shall implement systems for raw material control, cleaning and disinfection of tableware and drinking utensils, and food sample retention, and shall, in accordance with Article 47 of the Food Safety Law, conduct regular self‑inspections of canteen food safety.

Entities that contract to operate the canteens of centralized catering units shall, in accordance with the law, obtain a food business license and assume responsibility for the food safety of such canteens. Centralized catering units shall supervise the contractor’s implementation of food safety management systems and bear corresponding management responsibilities.

Article 29 Food producers and operators shall conspicuously label or store separately in designated areas foods that have deteriorated, exceeded their shelf life, or been recalled, and shall promptly take measures such as harmless treatment or destruction, while maintaining accurate records.

Under the Food Safety Law, “recalled food” refers to food that has already been sold and has been recalled or returned due to violations of laws, regulations, or food safety standards, or because it has exceeded its shelf life; it does not include food that may continue to be sold in accordance with paragraph 3 of Article 63 of the Food Safety Law.

Article 30: People’s governments at or above the county level shall, as necessary, establish the requisite facilities for the harmless treatment and destruction of food. Food producers and operators may, in accordance with relevant regulations, utilize such government‑built facilities to render food harmless or to destroy it.

Article 31: The operators of centralized food trading markets and the organizers of food fairs shall, prior to the opening of the market or the holding of the fair, submit a report to the food safety supervision and administration department of the county-level people’s government in the locality.

Article 32: Third-party online food trading platform providers shall properly retain the registration information and transaction records of food business operators registered on their platforms. Where food safety supervision and administration departments of people’s governments at or above the county level, in conducting food safety inspections and oversight, investigating and handling food safety cases, or responding to food safety incidents, deem it necessary to obtain relevant information, they may, upon approval by their principal, request such information from the third-party online food trading platform provider, which shall furnish it in accordance with the request. The food safety supervision and administration departments of people’s governments at or above the county level and their staff members are legally obligated to maintain the confidentiality of any information provided by third-party online food trading platform providers.

Article 33: Genetically modified foods shall be clearly labeled; the labeling requirements shall be formulated by the State Council’s food safety supervision and administration department in conjunction with the State Council’s agricultural administrative department.

Article 34: It is prohibited to engage in any form of false advertising of food, including through conferences, lectures, and health consultations. Where the food safety supervision and administration authorities discover acts of false advertising, they shall handle such cases promptly in accordance with the law.

Article 35: Where the manufacturing process of a health food involves preliminary processing steps such as raw material extraction and purification, the manufacturer shall possess the corresponding capabilities for such preliminary processing.

Article 36: Manufacturers of foods for special medical purposes shall conduct batch-by-batch testing of their finished products in accordance with the testing items specified in the national food safety standards.

Specific complete nutritional formula foods within the category of foods for special medical purposes shall be sold to consumers through medical institutions or pharmaceutical retail enterprises. When medical institutions and pharmaceutical retail enterprises sell such specific complete nutritional formula foods, they are not required to obtain a food business license; however, they must comply with the provisions of the Food Safety Law and this Regulation governing the sale of food.

Article 37: Advertisements for specific complete nutritional formula foods within the category of foods for special medical purposes shall be governed by the regulations applicable to prescription drug advertisements, while advertisements for other categories of such foods shall be governed by the regulations applicable to over-the-counter drug advertisements.

Article 38: No other foods, other than health food, may claim to possess health‑promoting functions.

Infant formula containing selectively added substances as specified in the national food safety standards shall not be named after those selective additives.

Article 39: The content of the labels and instruction manuals for special foods shall be consistent with those registered or filed. When selling special foods, it is necessary to verify that the label and instruction manual contents match the registered or filed versions; any discrepancies shall preclude sale. Food safety supervision and administration departments of people’s governments at or above the provincial level shall publish the labels and instruction manuals of registered or filed special foods on their websites.

Special foods shall not be displayed and sold together with ordinary foods or pharmaceuticals.

Chapter 5 Food Inspection

Article 40: Sampling inspections of food shall be conducted in accordance with the inspection items and methods specified in the food safety standards, the product technical requirements for specially regulated foods that have been registered or filed, and relevant national regulations.

Article 41: With respect to food that may be adulterated or falsified, if the existing food safety standards’ prescribed testing items and methods, as well as those formulated in accordance with Article 111 of the Food Safety Law and Article 63 of these Regulations, are insufficient for verification, the State Council’s department responsible for food safety supervision may establish supplementary testing items and methods to be used for sampling inspections of food, investigations and handling of food safety cases, and response to food safety incidents.

Article 42. Where a request for re‑inspection is made in accordance with Article 88 of the Food Safety Law, the applicant shall first pay the re‑inspection fee to the re‑inspection institution. If the re‑inspection conclusion indicates that the food is non‑compliant, the re‑inspection fee shall be borne by the applicant; if the re‑inspection conclusion indicates that the food is compliant, the re‑inspection fee shall be borne by the food safety supervision and administration department that conducted the sampling inspection.

A re-inspection agency may not, without justifiable grounds, refuse to undertake the re-inspection task.

Article 43 No organization or individual shall publish food inspection information issued by a food inspection institution that has not obtained the requisite accreditation in accordance with the law, nor shall they use such inspection information to assign grades to foods or food producers and operators, thereby deceiving or misleading consumers.

Chapter Six: Import and Export of Food Products

Article 44 Importers of food and food additives shall, in accordance with the relevant provisions, declare such products to the entry‑exit inspection and quarantine authorities, truthfully declare all pertinent product information, and submit, together with the declaration, the certificates of conformity required by laws and administrative regulations.

Article 45: Upon arrival at the port of entry, imported food shall be stored in premises designated or approved by the entry-exit inspection and quarantine authority; if relocation is necessary, appropriate safety and protective measures shall be implemented in accordance with the requirements of the entry-exit inspection and quarantine authority. Bulk imported food shall be subject to inspection at the port of unloading.

Article 46: The national entry-exit inspection and quarantine authorities may, in accordance with risk management requirements, designate specific ports of entry for the import of certain food products.

Article 47: The health administrative department of the State Council shall, in accordance with Article 93 of the Food Safety Law, review the relevant national (regional) standards or international standards submitted by foreign exporters, foreign producers, or their authorized importers. If such standards are deemed to meet food safety requirements, the department shall decide to provisionally apply them and publicly announce such decision. Prior to the public announcement of the provisionally applied standards, the importation of foods for which no national food safety standard has yet been established shall be prohibited.

Foods that are already covered by the general standards under the National Food Safety Standards do not fall within the category of foods for which no national food safety standards have yet been established, as stipulated in Article 93 of the Food Safety Law.

Article 48 Importers shall establish a review system for overseas exporters and overseas production enterprises, with particular emphasis on assessing the formulation and implementation of food safety risk control measures by such entities, as well as verifying whether the food they export to China complies with the provisions of the Food Safety Law, these Regulations, other relevant laws and administrative regulations, and the requirements of national food safety standards.

Article 49: Where an importer, in accordance with Article 94, Paragraph 3 of the Food Safety Law, recalls imported food, it shall report to the food safety supervision and administration department of the people’s government at the county level in the place of its location, as well as to the local entry-exit inspection and quarantine authority, on the circumstances of the recall and the handling thereof.

Article 50: If the national entry-exit inspection and quarantine authority finds that a registered foreign food-producing enterprise no longer meets the registration requirements, it shall order the enterprise to make rectifications within a prescribed time limit, during which period imports of its products shall be suspended. If, after such rectification, the enterprise still fails to meet the registration requirements, the national entry-exit inspection and quarantine authority shall revoke the enterprise’s registration and make an announcement thereof.

Article 51: With respect to overseas production enterprises that have obtained certification under China’s Good Manufacturing Practice and Hazard Analysis and Critical Control Point systems, the certification body shall conduct follow-up inspections in accordance with the law. For enterprises that no longer meet the certification requirements, the certification body shall revoke the certification in accordance with the law and make such revocation public.

Article 52: Where a food safety incident occurring outside China may have an impact within the territory of China, or where serious food safety problems are detected in imported foods, food additives, or food‑related products, the national entry‑exit inspection and quarantine authorities shall promptly issue a risk alert and may impose the following control measures on the relevant foods, food additives, and food‑related products:

(1) Return or destruction;

(2) Conditionally restrict imports;

(3) Suspend or prohibit imports.

Article 53 Producers of exported food and food additives shall ensure that their exported food and food additives comply with the standards of the importing country (or region) or with the requirements stipulated in the contract; where such requirements are prescribed by international treaties or agreements to which China is a party, they shall also comply with the provisions of those treaties and agreements.

Chapter 7: Handling Food Safety Incidents

Article 54: Food safety incidents shall be managed in a tiered manner in accordance with the National Emergency Response Plan for Food Safety Incidents. The food safety supervision and administration departments of people’s governments at or above the county level, together with the relevant departments at the same level, shall be responsible for investigating and handling food safety incidents.

People’s governments at or above the county level shall, in light of actual conditions, promptly revise and improve their emergency response plans for food safety incidents.

Article 55: People’s governments at or above the county level shall improve the emergency management mechanism for food safety incidents, upgrade emergency response equipment, ensure adequate stockpiling of emergency supplies and the development of emergency response teams, and strengthen emergency preparedness training and drills.

Article 56: Any entity involved in a food safety incident shall immediately implement control measures, such as sealing and preserving, with respect to the food and raw materials, tools, equipment, facilities, and other items that have caused or may cause the incident.

Article 57: Upon receiving a report of a food safety incident, the food safety supervision and administration department of the people’s government at or above the county level shall, in accordance with Article 105 of the Food Safety Law, immediately convene with the corresponding-level departments of health administration and agricultural administration to conduct an investigation and take appropriate measures. The food safety supervision and administration department shall safeguard the food and raw materials, tools, equipment, facilities, and other items that have been sealed by the entity involved in the incident; where sealing is required but has not yet been carried out by the entity, it shall either seal such items directly or order the entity to do so without delay, and shall notify the disease prevention and control institution to conduct an epidemiological investigation into factors related to the incident.

Disease prevention and control institutions shall, upon completion of the investigation, simultaneously submit an epidemiological investigation report to the food safety supervision and administration and health administrative departments at the same level.

No organization or individual may refuse or obstruct the disease prevention and control institutions from conducting epidemiological investigations. Relevant departments shall provide assistance to these institutions in carrying out such investigations.

Article 58. The food safety supervision and administration department of the State Council, in conjunction with the health administration and agricultural administration departments of the State Council, shall regularly conduct analyses of the national food safety incident situation, improve food safety supervision and administration measures, and prevent and reduce the occurrence of such incidents.

Chapter VIII Supervision and Administration

Article 59: The food safety supervision and administration departments of people’s governments at or above the prefectural level may, in accordance with the needs of their supervisory and administrative work, conduct random inspections and oversight of food producers and operators under the day-to-day supervision and administration of lower-level food safety supervision and administration departments. They may also organize lower-level food safety supervision and administration departments to carry out cross‑jurisdictional inspections and oversight of such producers and operators.

Where deemed necessary by the food safety supervision and administration departments of people’s governments at or above the prefectural level, they may directly investigate and handle food safety violations under the jurisdiction of lower-level food safety supervision and administration departments, or designate other lower-level food safety supervision and administration departments to conduct such investigations and handling.

Article 60 The State shall establish a system of food safety inspectors, leverage existing resources to strengthen the development of a professional inspector corps, enhance assessment and training, and raise the level of professional competence among inspectors.

Article 61: The food safety supervision and administration departments of people’s governments at or above the county level shall, in accordance with Article 110 of the Food Safety Law, implement measures of sealing up and impounding; the duration of such measures shall not exceed 30 days. In cases involving complex circumstances, with approval by the head of the food safety supervision and administration department that has imposed the sealing-up or impounding measures, the period may be extended, but the extension shall not exceed 45 days.

Article 62: Where a third-party online food trading platform repeatedly permits food business operators to engage in illegal operations, or where the illegal activities of such operators result in serious consequences, the food safety supervision and administration department of the people’s government at or above the county level may conduct a regulatory interview with the legal representative or principal person in charge of the platform provider.

Article 63. The food safety supervision and administration department of the State Council, in conjunction with the health administrative departments of the State Council and other relevant departments, shall, on the basis of information on foodborne diseases, food safety risk monitoring, and supervisory management, formulate a list and corresponding testing methods for non-food‑grade chemical substances and other substances that have been found to be added or may be added to food and that could pose a risk to human health, and shall publicly announce such list and methods.

Article 64: The health administrative departments of local people’s governments at or above the county level shall conduct supervision and inspection of centralized disinfection service providers for tableware and drinking utensils. If any non‑compliance with laws, regulations, relevant national standards, or applicable hygiene norms is discovered, they shall promptly investigate and take appropriate measures. The results of such supervision and inspection shall be made public.

Article 65 The State shall implement a reward system for reporting food safety violations, providing rewards to whistleblowers whose reports are verified as true. Where a whistleblower reports serious food safety-related illegal or criminal acts committed by the enterprise in which they are employed, the reward shall be increased accordingly. Relevant departments shall maintain the confidentiality of the whistleblower’s information and protect the whistleblower’s lawful rights and interests. The Measures on Rewards for Reporting Food Safety Violations shall be formulated by the State Council’s food safety supervision and administration authority in conjunction with the State Council’s finance department and other relevant authorities.

Funds for rewarding reports of food safety violations shall be incorporated into the budgets of people’s governments at all levels.

Article 66: The food safety supervision and administration department under the State Council shall, in conjunction with relevant departments of the State Council, establish a mechanism for joint incentives for those who uphold trust and joint punitive measures for those who lose trust. Based on the credit records of food producers and operators, it shall institute a blacklist system for serious violators, link food safety credit standing to market access, financing, credit granting, and credit reporting, and promptly make such information public.

Chapter Nine: Legal Liability

Article 67: Any of the following circumstances shall be deemed to constitute a serious violation under Articles 123 to 126 and Article 132 of the Food Safety Law, as well as Articles 72 and 73 of these Regulations:

(1) The value of the products involved in the unlawful act is RMB 20,000 or more, or the unlawful act has persisted for three months or longer;

(2) Causing foodborne illness resulting in fatalities, or causing foodborne illness in 30 or more persons without any fatalities;

(3) Intentionally providing false information or concealing the true facts;

(4) Refusing or evading supervision and inspection;

(5) Within one year after having been subject to an administrative penalty for violating food safety laws and regulations, committing another food safety violation of the same nature; or, having been subject to criminal punishment for violating food safety laws and regulations, subsequently committing a food safety violation.

(6) Other circumstances involving serious violations.

When imposing fines for serious violations, penalties shall be imposed more severely and strictly in accordance with the law.

Article 68: Where any of the following circumstances exists, penalties shall be imposed in accordance with Article 125, Paragraph 1 of the Food Safety Law and Article 75 of these Regulations:

(1) Storing substances listed in the catalog prescribed pursuant to Article 63 of these Regulations at food production or processing facilities;

(2) The labels or instruction manuals of foods other than health food products state that they possess health‑promoting functions;

(3) Infant formula shall be named in accordance with the selectively added substances specified in the national food safety standards.

(4) The content of the labels and instruction manuals for specially regulated foods in production and operation does not conform to the registered or filed labels and instruction manuals.

Article 69: Where any of the following circumstances exists, penalties shall be imposed in accordance with Article 126, Paragraph 1 of the Food Safety Law and Article 75 of these Regulations:

(1) Accepting entrustment from food producers and operators to store or transport food without recording and retaining the required information as prescribed;

(2) The food service provider failed to verify and retain a copy of the business license and the certificate of compliance for the centralized disinfection service provider of tableware and drinkware.

(3) Food producers and operators fail to label or store deteriorated, expired, or recalled food in accordance with the relevant regulations, or fail to promptly take measures such as rendering such food harmless or destroying it, and to keep accurate records thereof;

(4) Units or individuals other than medical institutions and pharmaceutical retail enterprises selling specific complete nutritional formula foods within the category of special medical purpose formula foods to consumers;

(5) Mixing and selling special‑purpose foods with ordinary foods or pharmaceuticals.

Article 70: Except in the circumstances specified in Article 125, paragraph 1, and Article 126 of the Food Safety Law, if the production and business activities of food producers and operators fail to comply with the provisions of Article 33, paragraph 1, items 5, 7 through 10 of the Food Safety Law, or with the relevant national food safety standards governing food production and processing procedures, penalties shall be imposed in accordance with Article 126, paragraph 1 of the Food Safety Law and Article 75 of these Regulations.

Article 71: If a centralized disinfection service provider of tableware and drinkware fails to establish and comply with the factory‑outgoing inspection record system as prescribed, the health administrative department of the people’s government at or above the county level shall impose penalties in accordance with Article 126, Paragraph 1 of the Food Safety Law and Article 75 of these Regulations.

Article 72: Non-food producers and operators engaged in the storage of food subject to special requirements regarding temperature, humidity, or other conditions, as well as organizers of centralized food trading markets and organizers of food fairs, who fail to file or report as required, shall be ordered by the food safety supervision and administration departments of the people’s governments at or above the county level to make corrections and shall receive a warning; if they refuse to make corrections, they shall be fined between RMB 10,000 and RMB 50,000; in cases of serious violations, they shall be ordered to suspend production or business operations and shall be fined between RMB 50,000 and RMB 200,000.

Article 73: Where false advertising of food is conducted through means such as conferences, lectures, or health consultations, the food safety supervision and administration department of the people’s government at or above the county level shall order the cessation of the misleading practices and the elimination of their adverse effects; any illegal gains shall be confiscated. In cases of serious violations, penalties shall be imposed in accordance with Article 140, Paragraph 5 of the Food Safety Law. If the violation is committed by an organization, the legal representative, principal person in charge, directly responsible supervisory personnel, and other persons directly liable of the organization shall also be subject to penalties pursuant to Article 75 of these Regulations.

Article 74: If food produced or operated by a food producer or operator complies with food safety standards but fails to meet the food safety indicators specified in the enterprise standards indicated on the product, the food safety supervision and administration department of the people’s government at or above the county level shall issue a warning, order the food operator to cease selling the food, and require the food producer to make corrections. If the operator refuses to cease sales or to make corrections, the food that does not comply with the enterprise‑standard‑specified food safety indicators shall be confiscated; where the value of the goods is less than RMB 10,000, a fine of RMB 10,000 to RMB 50,000 shall be imposed; where the value of the goods is RMB 10,000 or more, a fine of not less than five times but not more than ten times the value of the goods shall be imposed.

Article 75: Where food production and operation enterprises or other entities engage in any unlawful acts as stipulated in the Food Safety Law, in addition to the penalties prescribed by the Food Safety Law, if any of the following circumstances applies, the legal representative, principal person in charge, directly responsible supervisory personnel, and other persons directly liable shall be subject to a fine ranging from one to ten times their income derived from the entity in the preceding year:

(1) Intentionally committing an unlawful act;

(2) The unlawful act is of a particularly egregious nature;

(3) The unlawful act has resulted in serious consequences.

Where the circumstances fall under paragraph 2 of Article 125 of the Food Safety Law, the provisions of the preceding paragraph shall not apply.

Article 76: Where a food producer or operator, in accordance with Articles 63(1) and (2) of the Food Safety Law, ceases production and operation, implements a food recall, or takes other effective measures to mitigate or eliminate food safety risks, and no harmful consequences have resulted, the penalty may be mitigated or reduced.

Article 77: The food safety supervision and administration departments of people’s governments at or above the county level, together with other relevant authorities, shall, in cases involving violations as stipulated in Article 123 of the Food Safety Law that are serious in nature and may warrant administrative detention, promptly transfer the case and relevant materials to the public security organs at the same level. If the public security organs deem additional materials necessary, the food safety supervision and administration departments shall provide them without delay. Should the public security organs, upon review, determine that the conditions for administrative detention are not met, they shall promptly return the case and related materials to the transferring food safety supervision and administration departments.

Article 78: Where the public security organ, upon investigation of food safety violations, finds no criminal facts or, after initiating a criminal investigation, determines that criminal liability need not be pursued but administrative detention is required by law, it shall promptly issue an administrative detention decision. If administrative detention is not warranted but other administrative liabilities are to be pursued in accordance with the law, the case and relevant materials shall be promptly transferred to the competent food safety supervision and administration authorities at the same level.

Article 79: If a re-inspection agency refuses to undertake a re-inspection task without justifiable reasons, the food safety supervision and administration department of the people’s government at or above the county level shall issue a warning. If, without justifiable reasons, an agency refuses to undertake a re-inspection task twice within one year, the relevant department of the State Council shall revoke its qualification as a re-inspection agency and make such revocation public.

Article 80: Anyone who publishes food inspection information issued by a food inspection institution that has not obtained the legally required accreditation, or who uses such inspection information to assign grades to foods or food producers and operators in order to deceive or mislead consumers, shall be ordered by the food safety supervision and administration department of the people’s government at or above the county level to make corrections. If there are illegal gains, such gains shall be confiscated, and a fine of no less than RMB 100,000 but no more than RMB 500,000 shall be imposed; if the party refuses to make corrections, a fine of no less than RMB 500,000 but no more than RMB 1 million shall be imposed. Where the conduct constitutes a violation of public order administration, the public security organ shall impose administrative penalties in accordance with the law.

Article 81 Where the food safety supervision and administration department, in accordance with the Food Safety Law and these Regulations, imposes a fine of RMB 300,000 or more on an unlawful entity or individual, such decision shall be made by the food safety supervision and administration department of the people’s government at or above the prefectural level. The specific authority to impose fines shall be prescribed by the State Council’s food safety supervision and administration department.

Article 82: Anyone who obstructs staff members of food safety supervision and administration departments or other relevant authorities from performing their duties in accordance with the law, thereby constituting a violation of public order administration, shall be subject to administrative penalties by the public security organs in accordance with the law.

Article 83: Where the food safety supervision and administration departments of people’s governments at or above the county level discover that any entity or individual has, in violation of Article 120, Paragraph 1 of the Food Safety Law, fabricated or disseminated false information on food safety, and such conduct is suspected of constituting an administrative offense under public security administration, they shall notify the public security organ at the same level of the relevant circumstances.

Article 84: If the food safety supervision and administration departments of people’s governments at or above the county level, or their staff members, unlawfully disclose to others information provided by third-party online food trading platform providers, they shall be subject to disciplinary action in accordance with Article 145 of the Food Safety Law.

Article 85: Any violation of the provisions of these Regulations that constitutes a crime shall be investigated for criminal liability in accordance with the law.

Chapter X Supplementary Provisions

Article 86 This Regulation shall come into force on December 1, 2019.

Source: Xinhua News Agency

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