Decree of Tangshan Municipal Government
[2011] No. 6
Provisions on Supervision and Administration of Food Safety of
Tangshan City, which were adopted at the 57th executive meeting of the
municipal government on October 20, 2011, are hereby promulgated, and
enter into force as of the date of promulgation.
Mayor: Chen Guoying
November 18, 2011
Provisions on Supervision and Administration of Food
Safety of Tangshan City
Article 1 These provisions are formulated in accordance with the
Food Safety Law of the People's Republic of China, the Regulation on
the Implementation of the Food Safety Law of the People's Republic of
China, and other relevant laws and regulations, in the light of the actual
circumstances of the city, for the purposes of enhancing the food safety
supervision and management, defining the responsibilities of the
producers and operators, supervision and management department, and
the administrative department at various levels, enhancing the
coordination of supervision and management department, and
protecting the public health and safety.
Article 2 These provisions shall be applied to the food safety
supervision and administration within the administrative jurisdiction of
this Municipality.
If there are laws and regulations on the food safety supervision
and administration, the laws and regulations shall be applied; no laws
or regulations, or the provisions of the laws and regulations are not
clear, these provisions shall be applied.
Article 3 Food producers and operators shall work in accordance
with the laws, regulations and food safety standards, shall be
responsible for the society and the public, ensure the food safety,
accept the social supervision and undertake social responsibilities.
It is forbidden to illegally use the raw materials, auxiliary materials,
additives, agricultural inputs and other substances that banned to use by
the country in all links of planting, breeding, acquisition, storage,
transportation, production, processing, slaughtering, business, catering
service and so on.
Article 4 Food safety supervision follows the localization
management. People’s government of municipal, county (city) and
district is unified responsible for and lead the food safety supervision
and administration within their jurisdiction, establish and improve the
food safety supervision and management mechanism.
Food safety commission of people’s government of municipal,
county (city) and district is responsible for unified deployment and
coordinate food safety supervision and management. Food safety
commission office is specifically responsible for the routine work
including comprehensive coordination, releasing information, and
investigating and punishing serious accidents, etc.
Food safety supervision office of the town (subdistrict) under the
leadership of the people's government (subdistrict offices) at the
corresponding level, accept the operation instruction of the food safety
committee office of the county (city) and district people’s government,
is responsible for the town (subdistrict) food safety organization,
coordination and routine supervision, performing food safety supervision
and control functions.
Article 5 Relevant administrative departments of municipal, county
(city) and district shall supervise and control the producers and
operators of food, food additives and products related to food, within
their administrative jurisdiction, in accordance with the following
provisions:
1. The administrative department of agriculture and animal
husbandry shall be responsible for the quality and safety of the
agricultural, livestock and poultry, aquatic products, and for the
supervision and management of the primary edible agricultural products
of origin;
2. The administrative department of quality supervision shall be
responsible for the supervision and administration over the food
production;
3. The administrative department of commerce shall be responsible
for the supervision and management of the livestock and poultry
slaughter;
4. The administrative department of industry and commerce
management shall be responsible for the supervision and administration
over the food distribution;
5. the administrative department of health shall be responsible for
the detection of the food borne diseases;
6. the administrative department of food and drug supervision and
management shall be responsible for the supervision and management of
the food and beverage service;
7. the administrative department of entry-exit inspection and
quarantine shall be responsible for the supervision and administration of
the import and export food;
8. the administrative department of public security, forestry, grain,
and salt affairs, etc., shall be responsible for the relevant food safety
supervision and management in accordance with their respective duties.
Inspection agencies of the departments of agriculture and animal
husbandry administration, quality supervision administration, health
administration and etc., is specifically responsible for the inspection of
the sample taken by the food safety supervision and administration
departments, and issuing the inspection report. And complete the
temporary sampling assigned by the government at the corresponding
level.
All relevant departments shall strengthen the communication and
work closely in the food safety supervision and administration, exercise
their authorities and undertake their responsibilities in accordance with
their assignment of duties.
Article 6 The municipal, county (city) and district people’s
government
shall
strengthen
the
food
safety supervision
and
administration, make annual supervision and administration plan and
implementation plan on the food sampling inspection and etc., and
organize their implementation.
All the food safety supervision and administration departments shall,
according to the food safety supervision and administration plan and
implementation plan made by the people's government at the
corresponding level, combined with their respective authorities and
specific conditions, organize to formulate and implement the food safety
supervision and management plan, and submit the plans to the food safety
commission offices of the people's government at the corresponding level
for putting on record.
Food safety committee office of the municipal, county (city) and
district people’s government is responsible for the supervision and
inspection of all the food safety supervision and management plan
made by the food safety supervision and administration department .
Article 7 During investigating and punishing the illegal acts
according to the law, the food safety supervision and regulation
department shall deal with the source of problem products trace link by
link, punish link by link, and punish to the end. In case of finding food
safety case clues do not fall into its jurisdiction, the department shall
timely make a written notification or transfer the clues to the executive
organs that have jurisdiction over the case. The organs that have the
authority to deal with shall handle it immediately, and shall mot shift
responsibility onto others. If there are damage consequences caused by
the delay or shift, the supervisory organ or the appoint and dismiss
authority shall give sanctions of record a serious demerit or demotion to
the primary responsible persons, the directly responsible person in charge
and other directly responsible personnel.
In case of the food safety supervision and administration
departments have disputes over the jurisdiction of the illegal acts, the
food safety committee office of municipal, county (city) and district
people’s government shall coordinate to solve.
Article 8 The producers and operators violate the second paragraph
of article 3, shall be confiscated the illegal income, the food that illegally
produced and operated, the tools, equipment, raw materials used for
illegal production and operation, and other stuffs, by the relevant food
safety supervision and administration departments according to their
corresponding of duties. And a fine of no less than 2,000 yuan and no
more than 50,000 yuan shall be imposed, if the sum of the food goods
value illegally produced and operated is less than 10,000 yuan; or be
imposed a fine of no less than five times and no more than ten times of
the goods value, if the sum of the goods value is more than 10,000 yuan;
in serious cases, the license shall be suspended, and notify the
administrative department of industry and commerce to deal with it
according to the law.
The producers and the operators have other acts that violate the laws,
regulations and these provisions, shall be dealt with according to the law,
by the food safety supervision and management departments in
accordance with the laws, regulations and these provisions, and their own
duties.
If there is no specific laws and regulations, a fine of no more than
30,000 yuan shall be imposed on the unlawful act with illegal incomes,
and a fine of no more than 10,000 yuan shall be imposed on the unlawful
act without illegal incomes.
Article 9 In case of the food safety supervision and management
departments could not determine the sum of the goods value or the
illegal income, the department may determine the sum of fine
according to the provision applied to situation that the sum of goods
value or the illegal income is less than 10,000 yuan, but the sum of fine
should not exceed 30,000 yuan.
Article 10 In case of the food safety supervision and management
departments find acts that violate article 3 of these provisions, during
the processing of investigating and punishing the illegal acts according
to the law, and if there is involving a crime, the case shall be
transferred to the public security organs according to the relevant
provisions, and submit to the food safety commission offices of the
people's government at the corresponding level for putting on record.
Article 11 To the case that transferred by the food safety supervision
and administration department, if it meets the legal standards, the public
security organs shall timely initiate an investigation, and timely feedback
the results to the department that transferred the case and the food safety
commission offices of the people's government at the corresponding
level.
The public security organs shall deal with the case strictly and
severely after initiating the investigation. If the offensive facts are clearly
of minor importance and need not to be pursued the criminal
responsibility, the public security organs shall return the case back to the
executive organs at the corresponding level, and the relevant executive
organs shall handle it according to the law.
Article 12 If the illegal behavior persons actively provide clues
and evidence, cooperate with the investigation, and eliminate or reduce
illegal harmful consequences, or meet any other legal situations, a
mitigated punishment or be exempted from punishment according to
the law may be given. If they refuse to cooperate or obstruct the normal
law enforcement, severer or maximum limit punishment may be given
according to law. And if there is involving a crime, the case shall be
transferred to the judicial jurisdiction.
Article 13 The municipal, county (city), district departments of
health administration, agriculture and animal husbandry administration,
quality
supervision
administration,
industry
and
commerce
administrative management, food and drug supervision and management,
or other relevant administrative department fail to perform the duties of
food safety supervision and administration, or abuse authority, neglect
duty, conduct malpractice for personal gain, the directly responsible
person in charge and other directly responsible personnel shall be given
sanctions of record a serious demerit or demotion according to the law. If
caused sever consequence, they shall be given sanctions of removing
from the possession or dismissing; the primary persons in charge shall
take the blame and resign from the possession. If there is involving a
crime, the case shall be transferred to the judicial jurisdiction.
Article 13 Food inspection agencies, or food inspection personnel
that issue false inspection reports, shall be canceled the inspection
qualification by the competent department or the agency that awarded the
qualification. And the directly responsible person in charge of the
inspection agencies and the food inspection personnel shall be given the
sanction of removing from the possession or dismissing.
Article 14 Municipal, county (city), district people’s government
shall put the food safety work into the annual target appraisal system.
For annual major food safety accidents within their respective
jurisdictions, the superior people's government to the people's
governments at lower levels and the supervision and management
departments at the corresponding level implement a veto, and shall not be
elected as advanced. For two consecutive years unqualified in the food
safety appraisal, the primary persons in charge of the people’s
government and relevant supervision and management departments shall
take the blame and resign from the possession.
Article 15 News propaganda department, should strengthen the food
safety propaganda, exposure the major food safety incidents, to create a
strong public opinion atmosphere for the maintenance of food safety.
Article 16 To the act that violate the laws, regulations or these
provisions, any unit and individual have the right to report to the
municipal, county (city), district food safety committee offices and the
food safety supervision and management departments. The department
that received the reports shall keep the reporters secret. If the report
verified through the investigation, the department that received the
reports shall give rewards to the reporters, and reward handsomely to the
significant contributors.
The municipal, county (city), district food safety committee offices
and the food safety supervision and management departments shall
release their own e-mail address and the informants’ hot-line telephone,
and shall timely and fully documented and properly kept the received
report. If the matter reported belongs to the duties of the organs, it should
be accepted, and be verified, handled, replied according to the law; and if
it does not belong to the duties of the organs, it should be transferred to
the organs that have the authority to handle it, and inform the reporters.
Article 17 The phrase of food mentioned in these provisions refers
to various finished goods and raw materials for people to eat or drink, as
well as the stuff that have traditionally served as both food and drugs, but
not include the stuff for the purpose of treatment. Edible planting
products, livestock and poultry and its products, and aquatic products
belong to food.
Article 18 These provisions shall enter into force as of the date of
promulgation.