Laws of the People's Republic of China

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 promulgated and shall take effect as from May 1, 2007. Minister: Bo Xilai

January 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, these Measures are formulated in accordance with relevant state laws and regulations.

Article 2

The term "markets" as mentioned herein refers 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.

The term "franchiser" as mentioned herein refers to organizations and individuals engaging in business of food wholesale, retail and field fabrication sales.

Article 3

All food circulation activities within the territory of the People's Republic of China shall be governed in accordance with these Measures.

Article 4

The 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 relevant certificate of food business such as business license required by laws and regulations. Food business environment shall comply with relevant 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 the following managerial systems:

(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 at least 2 years 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 relevant 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.

Where any hidden danger is found 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 relevant 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

Relevant 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 relevant 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 against these Measures.

Units and individuals may inform local departments of commercial administrations of violation of these Measures, and write to state or request.

Article 14

Where markets are in violation of Articles 6 and 7 and Item (2) of Article 8 of these Measures, departments of commercial administration shall warn and order them to correct in time limit. Those fail to do so shall be fined 1000 to 5000 yuan; where the circumstance is serious, they shall be fined 5000 to 30, 000 yuan and announced to the public.

Article 15

Staff of departments of commercial administration committing an act of dereliction of duty or misuse of powers shall be imposed administrative disciplinary measures.

Article 16

These Measures shall be subject to the interpretation of the Ministry of Commerce.

Article 17

These Measures shall enter into force as of May 1, 2007.