The 10th ministerial meeting of Ministry of Commerce has approved the Measures for Administration of Food Safety in Circulating Field on Dec 30, 2006, which is now announced and will take effect as from May 1, 2007.
Minister of Ministry of Commerce: Bo Xilai
Jan 19, 2007
Measures for Administration of Food Safety in Circulating Field
Article 1 For purposes of regulating food safety in circulating field, enhancing industrial administration on food circulation, ruling food operation and safeguarding security of food consumption, the Measures is formulated in accordance with related national laws and regulations.
Article 2 Markets in the Measures refer to wholesale markets and retail markets (including fairs, supermarkets, department stores, warehouse-type member shops, convenient stores, grocery stores, etc) that are engaged in food trade activity.
Franchisers in the Measures refer to organizations and individuals that are engaged in business of food wholesale, retail and field fabrication sales.
Article 3 All food circulation activities in territory of the People’s Republic of China shall be governed in accordance with the Measures.
Article 4 Ministry of Commerce is in charge of industrial administration on food safety in circulating field.
Departments of commercial administration above county-level are responsible for industrial administration on food safety in circulating field, guiding and supervising markets to set up management system on food circulating safety.
Article 5 Markets and operators shall obtain related certificate of food business such as business license required by laws and regulations. Food business environment shall comply with related laws and regulations and standards of national food safety and sanitation.
Article 6 Market shall set up management departments in charge of food safety or have executive personnel of food safety, so as to supervise food safety status of markets.
Article 7 Market shall set up following managerial system:
（1）Agreement access system. Markets shall sign agreement of food safety guarantee with market operators, clarifying safety responsibilities of food operation.
Markets are encouraged to set up direct supply relations directly with food producing base and food processing factories.
(2) Operations management system. Markets shall establish operation management files for operators, such as dynamic information of identity of operators, contact, products, and credit as well. The information above shall be kept for 2 years at least since the operator quit from the market.
Forgery of operator files is forbidden.
(3) Certificate and license asking system. Markets shall ask food operators for certificate and invoice, investigate effective certification of food supplies and food safety, and keep copies of related certificates and licenses.
(4) Purchase and sale machine account system. Markets shall establish or require operators to establish system of purchase and sale machine account, recording contents like producers, name, stock time, origin, specifications, quality grade, and quantity. Those undertaking wholesale business shall record buyers and their contact, time, specification and quantity.
If found any hidden danger in food for sale in the markets, markets shall terminate the sale of the food immediately upon confirmation of qualified investing authority and report to related departments for disposal according to law.
Article 8 Markets are encouraged to apply for green market attestation and use relevant certificate symbols.
Plagiarisms of above attestation symbols are forbidden.
Article 9 Related food safety facilities and conditions are required for sales of food of field fabrication sales, bulk sales and frozen and fresh food. These foods shall be away form contaminant and comply with national safety standards of related foods.
Making of foods of field fabrication are encouraged to be visible to consumers.
Fresh and cooked food shall be shelved in different division to prevent crossing contamination.
Article 10 Departments of commercial administration shall establish market inspection system, inspecting and supervising establishment of food safety management system and implementing status.
Article 11 Departments of commercial administration shall enhance management on credit files of food safety in circulating field, and improve market credit supervision and penalty mechanism of loosing credit.
Article 12 Departments of commercial administration shall set up coordination and cooperation mechanism with intermediary agent organizations of food circulating industries, and let the industrial organizations play role of self discipline.
Article 13 News agencies are encouraged to carry out supervision of public opinion on those go against the Measures.
Units and individuals may inform local departments of commercial administrations of violation of the Measures, and write to state or request.
Article 14 If markets violate Article 6, 7 and item (2) of Article 8 of the Measures, departments of commercial administration shall warn and order to correct in time limit. Those fail to correct within time limit will be fined 1000 to 5000 yuan; those of serious will be fined 5000 to 30, 000 yuan and announced to the public.
Article 15 Staff of departments of commercial administration commits an act of dereliction of duty or misuse of authorities will be imposed administrative disciplinary measures.
Article 16 The Measures are subject to explanation of Ministry of Commerce.
Article 17 The Measures will take effect as from May 1, 2007.
