Laws of the People's Republic of China

The Standing Committee of the National People's Congress

Order of the President of the People's Republic of China

No.59

The Food Hygiene Law of the People's Republic of China, adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995, is promulgated now, and shall enter into force as of the date of promulgation.

President of the People's Republic of China: Jiang Zemin

October 3, 1995

Food Hygiene Law of the People's Republic of China ContentsChapter I General Provisions

Chapter II Food Hygiene

Chapter III Hygiene of Food Additives

Chapter IV Hygiene of Food Containers, Packaging, Utensils and Equipment Used for Food

Chapter V Formulation of Food Hygiene Standards and Regulations for Food Hygiene Management

Chapter VI Food Hygiene Management

Chapter VII Food Hygiene Supervision

Chapter VIII Legal Responsibility

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is enacted for the purpose of ensuring food hygiene and preventing food contamination and harmful substances from causing injury to human health in order to safeguard the health of the people and improve their physical fitness.

Article 2

The state shall practice a system of food hygiene supervision.

Article 3

The health department of the State Council shall be responsible for the nationwide supervision and administration of food hygiene.

Relevant departments of the State Council shall, within their relevant scope of duties, be responsible for the administration of food hygiene.

Article 4

Whoever engages in food production or marketing within the territory of the People's Republic of China must observe this Law.

This Law applies to all foods and food additives as well as containers, packaging, utensils and equipment used for food, detergents and disinfectants; it also applies to the premises, facilities and environment associated with food production or marketing.

Article 5

The state shall encourage and protect the social supervision of food hygiene by social organizations and individuals.

Any person shall have the right to inform the authorities or lodge a complaint about violations of this Law.

Chapter II Food Hygiene

Article 6

Food shall be nontoxic and harmless, conform to proper nutritive requirements and have appropriate sensory properties such as color, fragrance and taste.

Article 7

Principal and supplementary foods intended especially for infants and preschool children shall conform to the nutritive and hygienic standards promulgated by the health department of the State Council.

Article 8

The processes by which food is produced or marketed shall conform to the requirements for hygiene stated below.

(1)

The environment inside and outside any food production or marketing establishment shall be kept clean and tidy; measures shall be taken to eliminate flies, rodents, cockroaches and other harmful insects and to remove conditions for their propagation; and a prescribed distance shall be kept from any toxic or harmful site.

(2)

An enterprise engaged in food production or marketing shall have workshops or other premises for the preparation of raw materials and for processing, packing and storage that are commensurate with the varieties and quantities of the products handled.

(3)

Appropriate facilities shall be made available for disinfection, changing clothes, washing, natural and artificial light, ventilation, prevention of spoilage, protection against dust, elimination of flies and rodents, washing of equipment, sewage discharge and the containment of garbage and other wastes.

(4)

The layout of installations and the application of technological processes shall be rational in order to prevent cross-contamination between unprocessed foods and ready-to-eat foods and between raw materials and finished products; food must not be placed in contact with any toxic substance or filth.

(5)

Tableware, drinking sets and containers for ready-to-eat foods must be cleaned and disinfected prior to use; cooking utensils and other utensils must be washed after use and kept clean.

(6)

Any containers and equipment used for the storage, transportation, loading and unloading of food as well as the conditions under which these operations are carried out must be safe and harmless and kept clean in order to prevent food contamination.

(7)

Ready-to-eat foods shall be kept in small packets or in clean, nontoxic packaging materials.

(8)

All persons involved in food production or marketing shall maintain a constant standard of personal hygiene, taking care to wash their hands thoroughly and wear clean work clothes and headgear while preparing or selling food; also, proper utensils must be used when selling ready-to-eat foods.

(9)

Any water used must conform to the national hygiene standards for drinking-water in urban and rural areas.

(10)

Any detergents and disinfectants used must be safe and harmless to human health.

Specific provisions on the hygiene requirements for food production or marketing undertaken by food street peddlers and persons engaged in the food business in urban and rural free markets shall be formulated in accordance with this Law by the standing committees of the people's congresses in the provinces, autonomous regions, and municipalities directly under the central government.

Article 9

The production and marketing of foods in the following categories shall be prohibited:

(1)

foods that may be injurious to human health because they are putrid or deteriorated, spoiled by rancid oil or fat, moldy, infested with insects or worms, contaminated, contain foreign matter or manifest other sensory abnormalities;

(2)

foods that contain or are contaminated by toxic or deleterious substances and can thus be injurious to human health;

(3)

foods that contain pathogenic parasites, microorganisms or an amount of microbial toxin exceeding the limits prescribed by the state;

(4)

meat or meat products that have not been inspected by the veterinary health service or have failed to pass such inspection;

(5)

poultry, livestock, game and aquatic animals that have died from disease, poisoning or some unknown cause, as well as products made from them;

(6)

foods contaminated by use of filthy or seriously damaged containers or packages, or filthy means of conveyance;

(7)

foods that affect nutrition or health because they have been adulterated, mixed up or mislabeled;

(8)

foods prepared from inedible raw materials or containing inedible chemical substances, or inedible materials but falsely claimed to be foods;

(9)

foods for which the quality guarantee time limit has expired;

(10)

foods of which the sale has been specifically prohibited for the prevention of diseases or other special reasons by the health department of the State Council or by the people's governments of the provinces, autonomous regions, or municipalities directly under the central government;

(11)

foods that contain additives that have not been approved for use by the health department of the State Council, or contain residues of pesticides in excess of the limits prescribed by the state; and

(12)

other foods that do not conform to the standards and requirements for food hygiene.

Article 10

Food must not contain medicinal substances, with the exception of those products which have traditionally served as both foods and medications using medicinal substances as raw materials, flavorings or nutritional fortifiers.

Chapter III Hygiene of Food Additives

Article 11

The production, marketing and use of food additives must conform to the hygiene standards for use of food additives and the hygiene management regulations. The marketing or use of food additives that do not conform to hygiene standards and management regulations shall be prohibited.

Chapter IV Hygiene of Containers, Packaging, Utensils and Equipment Used for Food

Article 12

Containers, packaging, utensils and equipment used for food must conform to the hygiene standards and the hygiene management regulations.

Article 13

Raw or processed materials for making containers, packaging, utensils and equipment used for food must meet hygiene requirements. The finished products should be easy to clean and disinfect.

Chapter V Formulation of Food Hygiene Standards and Regulations for Food Hygiene Management

Article 14

The health department of the State Council shall formulate or approve and promulgate national hygiene standards, hygiene management regulations and inspection procedures for food, food additives, the containers, packaging, utensils and equipment used for food, the detergents and disinfectants used for washing food or utensils and equipment used for food, and the prescribed limits for contaminants and radioactive substances in food.

Article 15

If the state has not formulated hygiene standards for a certain food, the people's governments of the provinces, autonomous regions, and municipalities directly under the central government may establish local hygiene standards for that food and report them to the health department of the State Council and the department of the State Council in charge of standardization for filing.

Article 16

Quotas with hygienic significance within the national quality standards for food additives must be examined and approved by the health department of the State Council.

Appraisals of the safe use of agricultural chemicals, such as pesticides and chemical fertilizers, shall be examined and approved by the health department of the State Council.

Veterinary hygiene inspection procedures for slaughtered livestock and poultry shall be jointly formulated by the relevant administrative departments and the health department of the State Council.

Chapter VI Food Hygiene Management

Article 17

The administrative department for food production and marketing of the people's governments at various levels should strengthen the administration of food hygiene and should supervise the implementation of this Law.

The people's governments at various levels should encourage and support the improvement of food processing technology and promote the advance of food hygiene quality.

Article 18

Enterprises engaged in food production or marketing shall improve food hygiene management systems within their units, appoint full-time or part-time personnel to manage food hygiene and strengthen the inspection of food produced or marketed.

Article 19

The selection of sites and designs for the construction, extension or renovation of enterprises engaged in food production or marketing shall meet hygiene requirements, and the administrative departments for health must participate in the examination of those designs and in the inspection and acceptance of finished projects.

Article 20

Before beginning production of new types of foods or food additives using new resources, the enterprises engaged in their production or marketing must submit the data necessary for the evaluation of the hygiene and nutrition of such products; before beginning production of new types of containers, packaging, utensils, or equipment used for foods, which use new raw or processed materials, the enterprises engaged in their production or marketing must submit the data necessary for the evaluation of the hygiene of such products. Before beginning production of the above new products, it shall also be necessary to provide samples of the products for examination and approval, in accordance with the specified procedures for examining and approving food hygiene standards.

Article 21

The product description or packaging labels for any standardized packaged food or food additive must, according to the category of product and its requirements, indicate the name of the product, the place of origin, the name of the factory, the date of manufacture, the batch number or code number, the specifications of the product, the composition or principal ingredients, the time limit for quality guarantee, the method of consumption or use, and other such information. The product description for any food or food additive shall not contain exaggerated or fraudulent advertising.

The packaging labels for any food or food additive must be clean and easy to identify. Any food on the domestic market must have a label in Chinese.

Article 22

If any food is declared to have special effectiveness in health care, the product itself and the product description must be submitted to the health department of the State Council for examination and approval. The health department of the State Council shall formulate the hygiene standards and regulations concerning the production and marketing of said product.

Article 23

Any food declared to have special effectiveness in health care must not be harmful to human health. The contents of the product description must be truthful and the functions and ingredients of the product must conform thereto and must not be fraudulent.

Article 24

Before the delivery or sale of food, food additives, and containers, packaging and utensils used for food, any person engaged in their production must, in accordance with hygiene standards and regulations on hygiene management, carry out inspection to ensure that said products are up to standards.

Article 25

Whenever producers or marketers of food procure supplies of food and food raw materials, they shall, in accordance with the relevant state regulations, request inspection certificates or laboratory test reports, which must be provided by the supplier. The scopes and types of certificates required shall be specified by the health authorities of the provinces, autonomous regions, and municipalities directly under the central government.

Article 26

All persons engaged in food production or marketing must undergo an annual medical examination; persons newly employed or serving temporarily in this field must also undergo a medical examination and may not start work until they have obtained a health certificate.

Persons suffering from dysentery, typhoid, viral hepatitis and other infectious diseases of the digestive tract (including pathogen carriers), active tuberculosis, suppurative or exudative dermatosis or any other disease incompatible with food hygiene, must not be engaged in any work involving contact with ready-to-eat foods.

Article 27

Enterprises engaged in food production or marketing as well as street food peddlers must obtain a hygiene license issued by the administrative department for health before they shall be permitted to apply for registration with the administrative departments for industry and commerce. Any person without a hygiene license may not be engaged in food production or marketing.

Persons engaged in food production or marketing must not forge, alter or lend out the hygiene license.

The procedures for the issuance and administration of hygiene licenses shall be specified by the health authorities of the people's governments of the provinces, autonomous regions, and municipalities directly under the central government.

Article 28

The sponsors of all kinds of food markets shall be responsible for the management of food hygiene in their respective markets and shall establish the public hygiene facilities necessary to maintain good hygienic conditions.

Article 29

The administrative departments for industry and commerce shall be responsible for the management of food hygiene in urban and rural free markets; the administrative departments for health shall be responsible for the supervision and inspection of food hygiene.

Article 30

Imported foods, food additives and the containers, packaging, utensils and equipment used for food must comply with national hygiene standards and hygiene management regulations.

The imports listed in the preceding paragraph shall be subject to hygiene supervision and inspection by the port agencies for imported food hygiene supervision and inspection. The goods must undergo inspection and prove to be up to standards before being permitted to be imported. The customs authorities shall grant clearance of goods based on the certificates of inspection.

When declaring such products for inspection, the importer shall submit the relevant data and inspection reports on the pesticides, additives, fumigants and other such substances used by the exporting country (region).

The imports listed in the first paragraph shall be inspected in accordance with national hygiene standards. In the event that no national hygiene standards exist, the importer must submit data on the hygiene appraisal issued by the health departments or organizations of the exporting country (region). The import agencies for imported food hygiene supervision and inspection shall examine and inspect these data and submit them to the health department of the State Council for approval.

Article 31

Foods for export shall be subject to hygiene supervision and inspection by state inspection agencies for import and export goods.

The customs authorities shall grant clearance for export goods based on the certificates issued by the state inspection agencies for import and export goods.

Chapter VII Food Hygiene Supervision

Article 32

The health authorities of the local people's governments at the county level or above shall fulfill the functions of food hygiene supervision within the scope of their jurisdiction.

Agencies for food hygiene supervision established by the departments in charge of administration of railways and other transportation shall fulfill the functions of food hygiene supervision as stipulated by the health department in consultation with other relevant departments of the State Council.

Article 33

The functions of food hygiene supervision shall be as follows:

(1)

to provide monitoring of, inspection of and technical guidance for food hygiene;

(2)

to contribute to the training of personnel for food production and marketing and to supervise the medical examinations of such personnel;

(3)

to spread knowledge of food hygiene and nutrition, provide appraisals of food hygiene and publicize the existing condition of food hygiene;

(4)

to conduct hygiene inspections of sites and designs for the construction, extension or renovation of enterprises engaged in food production or marketing and participate in the inspection and acceptance of finished projects;

(5)

to investigate accidents involving food poisoning or food contamination and take appropriate measures of control;

(6)

to make rounds of inspection and supervision concerning acts in violation of this Law;

(7)

to determine the responsibility of persons who violate this Law and impose administrative penalties on them according to law; and

(8)

to take charge of other matters that concern food hygiene supervision.

Article 34

The health authorities of the people's governments at the county level or above shall appoint food hygiene supervisors. The supervisors shall be qualified specialists certified by the health authorities at the corresponding level.

The food hygiene supervisors of railways and other transportation agencies shall be certified by the relevant authorities at a higher level.

Article 35

Food hygiene supervisors shall carry out the tasks assigned to them by the administrative departments for health.

Food hygiene supervisors must enforce laws impartially, be devoted to their duties and shall not take advantage of their positions for their own benefit.

While carrying out their tasks, food hygiene supervisors may obtain information from the producers or marketers of food, request any necessary data, enter the production or marketing premises for purposes of inspection, and obtain free samples in accordance with regulations. The producers or marketers of food may not turn down such requests nor hold back any information.

The food hygiene supervisors shall be obliged to keep confidential any technical data provided by the producers or marketers.

Article 36

The health department of the State Council and the health authorities of the people's governments of the various provinces, autonomous regions, and municipalities directly under the central government may, if the need arises, assign competent units as units for the inspection of food hygiene; these units shall carry out food hygiene inspection and provide inspection reports.

Article 37

The health authorities of the local people's governments at the county level or above may take any of the following provisional measures of control towards a producer or marketer of food who is responsible for a food poisoning accident which has already occurred or for which there is evidence of the possibility of occurring.

(1)

to seal up the food and its raw materials which has caused or which may possibly cause a food poisoning accident or;

(2)

to seal up contaminated utensils or equipment used for food, and order a washing and disinfection.

Upon inspection, food proved to be contaminated shall be destroyed; food which is not contaminated shall not be sealed up.

Article 38

Units where food poisoning accidents have occurred as well as units where the victims have been admitted for hospitalization shall, in addition to taking rescue measures, submit prompt reports to the local health authorities in accordance with relevant state provisions.

The health authorities of the local people's governments at the county level or above shall, upon receiving the above-mentioned report, investigate and handle the case promptly, and shall take appropriate measures of control.

Chapter VIII Legal Responsibility

Article 39

Whoever, in violation of the provisions of this Law, produces or markets food which does not conform to hygiene standards and thereby causes a food poisoning accident or transmission of a disease caused by food-borne bacteria shall be ordered to stop production or marketing and destroy the food which is the cause of the accident or disease; moreover, they shall have any illegal gains confiscated and be subject to a fine of from one to five times the amount of any illegal gains; if there are no illegal gains, a fine of between 1,000 yuan and 50,000 yuan shall be imposed.

Whoever, in violation of the provisions of this Law, produces or markets food which does not conform to hygiene standards, and thereby causes a serious accident of food poisoning or transmission of a serious disease caused by food-borne bacteria, resulting in great harm to human health, or who puts poisonous or harmful inedible raw materials in manufactured or marketed food, shall be investigated for criminal responsibility in accordance with the law.

Anyone who commits one of the acts listed in this Article shall have his hygiene license revoked.

Article 40

Whoever, in violation of the provisions of this Law, engages in food production or marketing without a hygiene license or with a forged hygiene license shall be banned, have any illegal gains confiscated and be subject to a fine of from one to five times the amount of any illegal gains; if there are no illegal gains, a fine of between 500 yuan and 30,000 yuan shall be imposed. Anyone who alters or lends out a hygiene license shall have the hygiene license revoked, shall have any illegal gains confiscated and shall be subject to a fine of from one to three times the amount of any illegal gains; if there are no illegal gains, a fine of between 500 yuan and 10,000 yuan shall be imposed.

Article 41

Whoever, in violation of the provisions of this Law, fails to comply with hygiene requirements in the process of food production or marketing shall be ordered to make corrections, be given a warning and may also be fined an amount of up to 5,000 yuan; if the offender refuses to make such corrections or if the other circumstances are serious, the hygiene license shall be revoked.

Article 42

Whoever, in violation of the provisions of this Law, produces or markets food of which the production or marketing has been prohibited shall be ordered to stop its production or marketing, promptly issue an announcement calling for the withdrawal of food already sold and shall proceed to destroy such food; moreover, any illegal gains shall be confiscated, and a fine of from one to five times the amount of any illegal gains shall be imposed; if there are no illegal gains, a fine of from 1,000 yuan to 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.

Article 43

Whoever, in violation of the provisions of this Law, produces or markets principal or supplementary foods intended especially for infants or preschool children which do not conform to nutritive and hygienic standards shall be ordered to stop production or marketing, promptly issue an announcement calling for the withdrawal of foods already sold and proceed to destroy such foods; moreover, any illegal gains shall be confiscated and a fine of from one to five times the amount of any illegal gains shall be imposed; if there are no illegal gains, a fine of between 1,000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene license shall be revoked.

Article 44

Whoever, in violation of the provisions of this Law, produces, markets or uses food additives, containers, packaging, utensils or equipment used for food, or detergents and disinfectants which do not conform to hygiene standards and hygiene management regulations shall be ordered to stop their production, marketing or use, have any illegal gains confiscated, and be subject to a fine from one to three times the amount of any illegal gains; if there are no illegal gains, a fine of up to 5,000 yuan shall be imposed.

Article 45

Whoever, in violation of the provisions of this Law, produces or markets foods described as possessing special effectiveness in health care without examination by and approval of the health department of the State Council, or produces or markets such food with its product description containing fraudulent claims shall be ordered to stop production or marketing, have any illegal gains confiscated, and be subject to a fine from one to five times the amount of any illegal gains; if there are no illegal gains, a fine of between 1,000 yuan and 50,000 yuan shall be imposed. If the circumstances are serious, the hygiene lance shall be revoked.

Article 46

Whoever, in violation of the provisions of this Law, fails to provide or fraudulently indicates such items as the date of manufacture, the time limit for quality guarantee, etc., in the product description or packaging label for any standardized packaged food or food additive, or who, in violation of the provisions of this Law, fails to provide packaging labels in Chinese, shall be ordered to make corrections and may also be subject to a fine of between 500 yuan and 10,000 yuan.

Article 47

Whoever, in violation of the provisions of this Law, engages in food production or marketing without a health certificate, or does not transfer from work involving food production or marketing an employee who suffers from a disease for which, according to regulations, contact with ready-to-eat foods should be prohibited shall be ordered to make corrections and may also be subject to a fine of up to 5,000 yuan.

Article 48

Whoever, in violation of the provisions of this Law, is responsible for a food poisoning accident or transmission of a disease caused by food-borne bacteria, or commits other acts in violation of this Law which results in harm to others, shall assume civil responsibility for compensation in accordance with the law.

Article 49

The administrative penalties stipulated in this Law shall be determined by the health authorities of the local people's governments at the county level and above. Other agencies stipulated in this law for the exercise of food hygiene supervision shall, within the scope of their respective powers, make decisions on administrative penalties in accordance with the provisions of this Law.

Article 50

If a party refuses to accept an administrative penalty decision, it may apply for reconsideration to the agency at the level next higher than the one that made the decision within 15 days from the date of receiving notification of the penalty; it may also directly file a suit in a people's court within 15 days from the date of receiving notification of the penalty.

The agency making the reconsideration shall produce a decision within 15 days from the date of receiving the application for reconsideration. If the party refuses to accept the reconsideration decision, it may file a suit in a people's court within 15 days from the date of receiving the reconsideration decision.

If a party neither applies for consideration, nor files a suit in a people's court, nor complies with the penalty decision within the specified time limit, the agency that made the penalty decision may apply to a people's court for compulsory enforcement.

Article 51

Where the administrative departments for health, in violation of the provisions of this Law, issue a hygiene license to producers or marketers who do not meet the requirements, the personnel directly responsible shall be subject to disciplinary sanctions; if a bribe has been accepted and the act constitutes a crime, criminal responsibility shall be investigated according to law.

Article 52

Where personnel in charge of food hygiene supervision and management abuse authority, neglect duties or engages in fraud for selfish ends, and thereby cause a serious accident, if the act constitutes a crime, criminal responsibility shall be investigated according to law; if the act does not constitute a crime, disciplinary sanctions shall be imposed.

Article 53

Whoever, by restoring to violence or threats, obstructs personnel in charge of food hygiene supervision and management who are legally carrying out their functions shall be investigated for criminal responsibility; if anyone, without resorting to violence or threats, refuses or obstructs personnel in charge of food hygiene supervision and management who are legally carrying out their functions, the public security authorities shall impose punishment in accordance with the Regulations on Administrative Penalties for Public Security.

Chapter IX Supplementary Provisions

Article 54

The meaning of the following terms used in this Law:

"Food" refers to any finished product or raw material intended for people to eat or drink, as well as any product that has traditionally served as both food and medication, with the exception of products used solely for medical purposes.

"Food additive" refers to any synthetic compound or natural substance put into food to improve its quality, color, fragrance or taste, or for the sake of preservation or processing.

"Nutrition fortifier" refers to any natural or artificial food additive belonging to the category of natural nutrients that is put into food to increase its nutritive value.

"Containers and packaging used for food" refers to products of various materials including paper, bamboo, wood, metal, enamelware, ceramics, plastics, rubber, natural fibers, synthetic fibers or glass that are used to wrap or contain food, as well as paints or coatings that come in direct contact with food.

"Utensils and equipment used for food" refers to apparatus including machinery, piping, conveyer belts, containers, utensils and tableware that comes in direct contact with food in the course of food production or marketing.

"Food production or marketing" refers to all operations in the production of food (other than planting and breeding) and activities such as the gathering, purchase, processing, storage, transport, display, supply and sale of food.

"Producers or marketers of food" refers to all units or persons involved in food production or marketing, including workers' dining halls, food street peddlers and other such operations.

Article 55

Procedures for the administration of food for export shall be formulated separately by the state department responsible for the inspection of imported and exported goods in conjunction with the health department of the State Council and other relevant departments.

Article 56

Procedures for the hygiene management of food intended especially for or self-supported by the military shall be formulated by the Central Military Committee in accordance with this Law.

Article 57

This Law shall be implemented as of the date of promulgation. The Food Hygiene Law of the People's Republic of China (For Trial Implementation) shall be superseded at the same date.