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Order of the President of the People's Republic of China
(No. 9)
The Food Safety Law of the People's Republic of China, which was adopted at the 7th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 28, 2009, is hereby promulgated and shall come into fore as of June 1, 2009.
President of the People's Republic of China Hu Jintao
February 28, 2009
Food Safety Law of the People's Republic of China
(Adopted at the 7th Session of the Standing Committee of the 11th National People's Congress on February 28, 2009)
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Contents
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Chapter I General Provisions
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Chapter II Monitoring and Assessment of Food Safety Risks
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Chapter III Food Safety Standards
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Chapter IV Food Production and Business Operation
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Chapter V Food Inspection
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Chapter VI Import and Export of Food
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Chapter VII Handling of Food Safety Accidents
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Chapter VIII Supervision and Administration
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Chapter IX Legal Liabilities
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Chapter X Supplementary Provisions
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Chapter I General Provisions
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Article 1 This Law is enacted to ensure the food safety and guarantee the safety of the lives and health of the general public.
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Article 2 Those engaging in the following activities within the People's Republic of China shall abide by this Law:
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1. food production and processing (hereinafter referred to as food production), and food circulation and catering services (hereinafter referred to as food business operation);
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2. the production and business operation of food additives;
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3. the production and business operation of packing materials, containers, detergents and disinfectants for food and utensils and equipment for food production and business operation (hereinafter referred to as “food-related products”);
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4. the use of food additives and food-related products by food producers and business operators; and
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5. the safety management of food, food additives and food-related products.
The quality and safety management of edible primary products sourced from agriculture (hereinafter referred to as “edible agricultural products”) shall be governed by the provisions of the Law on the Quality and Safety of Agricultural Products. However, the formulation of quality and safety standards for edible agricultural products and the release of safety information about edible agricultural products shall be governed by the relevant provisions of this Law.
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Article 3 Food producers and business operators shall follow relevant laws, regulations and food safety standards when engaging in food production and business operation activities, be responsible to the society and the general public, ensure food safety, accept social supervision and assume social responsibilities.
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Article 4 The State Council shall establish a Food Safety Committee, of which the functions shall be prescribed by the State Council.
The health administrative department of the State Council shall undertake the comprehensive coordination function for food safety, be responsible for the assessment of food safety risks, formulation of food safety standards, release of food safety information, formulation of qualification determination conditions and inspection requirements for food inspection agencies, and organize the investigation and handling of major food safety accidents.
The quality supervision department, industry and commerce administrative department and state food and drug administrative department of the State Council shall, according to the functions as prescribed in this Law and those as provided for by the State Council, supervise and administer the food production, food circulation and catering services, respectively.
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Article 5 A local people's government at or above the county level shall undertake the overall responsibility for the food safety supervision and administration within its own administrative region, uniformly lead, organize and coordinate the work of food safety supervision and administration within its own administrative region, establish a sound whole-process food safety supervision and administration mechanism, uniformly lead and exercise command in responses to food safety emergencies, improve and execute the food safety supervision and administration accountability system, and appraise, discuss and evaluate the performances of the food safety supervision and administration departments.
A local people's government at or above the county level shall, in accordance with this Law and the provisions of the State Council, determine the food safety supervision and administration functions of the health administrative department, agriculture administrative department, quality supervision department, industry and commerce administrative department, food and drug supervision and administration department at the same level. These departments shall, within the scope of their respective functions, be responsible for the food safety supervision and administration within that administrative region.
The agency established within an administrative region at a lower level by a department of the people's government at a higher level shall do a good job in the food safety supervision and administration under the uniform coordination of the local people's government.
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Article 6 The health administrative departments, agriculture administrative departments, quality supervision departments, industry and commerce administrative departments, food and drug supervision and administration departments at and above the county level shall strengthen communication and closely cooperate with each other, and exercise the powers and assume the responsibilities under their respective functions.
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Article 7 The relevant food industry associations shall strengthen the industrial self-discipline, direct food producers and business operators to engage in production and business operation according to law, boost the industrial trustworthiness, publicize and popularize the knowledge on food safety.
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Article 8 The state shall encourage social groups and autonomous grassroots mass organizations to carry out the work in respect of the popularization of food safety laws, regulations, standards and knowledge, advocate healthy eating styles, and enhance consumers' food safety awareness and self-protection capability.
The news media shall publicize food safety laws, regulations, standards and knowledge for the public good and, through public opinions, supervise violations of this Law.
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Article 9 The state shall encourage and support the basic research and application research relevant to food safety, and encourage food producers and business operators to adopt advanced technologies and advanced management criterions and grant support to them so as to enhance food safety levels.
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Article 10 Any entity or individual shall be entitled to report any violation of this Law which is committed during the food production and business operation process, get food safety information from relevant departments and put forward opinions and suggestions on the food safety supervision and administration work.
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Chapter II Monitoring and Assessment of Food Safety Risks
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Article 11 The state shall establish a food safety risk monitoring system to monitor the food-borne diseases, food contamination and harmful factors in food.
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