Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products

Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products Order of the State Council (No.503) The Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products, which were adopted at the 186th executive meeting of the State Council on July 25, 2007, are hereby issued, and shall be effective as of the date of issuance. Premier: Wen Jiabao July 26, 2007 Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products Article 1 In order to strengthen the supervision and management of the safety of food and other products, further define the responsibilities of the producers and operators, the supervision and management authorities and the local people's government, strengthen the coordination and assistance among the supervision and management authorities (“regulatory authorities”), and protect the human health and life safety, these Rules have been made. Article 2 The products as mentioned in these Rules shall include edible agricultural products, drugs and other products related to the human health and life safety, in addition to food. Where a law provides for the supervision and management of a product, such a law shall apply; where a law does not provide or provides unclearly for the supervision and management of a product, these Rules shall apply. Article 3 A producer or business operator shall be responsible for the safety of products produced or sold by it, and shall not produce or sell products that do not conform to the statutory requirements. Where the production or sale of products requires a license or authentication according to a law or administrative regulation, the production or business operation shall be carried out in conformity with the statutory conditions and requirements. Where the production or business operation is not carried out in conformity with the statutory conditions and requirements or the products that do not conform to the statutory requirements are produced or sold, the regulatory authorities for agriculture, health, quality inspection, commerce, industry and commerce, drug, etc., in their respective capacities, shall confiscate the illegal income, products and tools, equipment, raw materials and other property used for the illegal production, and impose a fine of 50,000 yuan if the value of goods is less than 5,000 yuan, impose a fine of 100,000 yuan if the value of goods is more than 5,000 yuan but less than 10,000 yuan, or impose a fine of not less than 10 times but not more than 20 times the value of goods if the value of goods is more than 10,000 yuan; if serious consequences are caused, the original license issuing authority shall cancel a license; and if a crime of illegal business operation, production or sale of fake or substandard commodities, etc. is constituted, the offender shall be pursued for criminal liability according to law. Where a producer or business operator is no longer in conformity with the statutory conditions and requirements but continues the production or business operation, the original license issuing authority shall cancel a license, and announce the list of producers and operators whose licenses have been cancelled on the major local media; and if a crime of illegal business operation, production or sale of fake or substandard commodities, etc., is constituted, the offender shall be pursued for criminal liability according to law. Where a license for the production or business operation shall be legally obtained but is not obtained, the regulatory authorities for agriculture, health, quality inspection, commerce, industry and commerce, drug, etc., in their respective capacities, shall confiscate the illegal income, products and tools, equipment, raw materials and other property used for the illegal production, and impose a fine of 100,000 yuan if the value of goods is less than 10,000 yuan or impose a fine of not less than 10 times but not more than 20 times the value of goods if the value of goods is more than 10,000 yuan; and if a crime of illegal business operation is constituted, the offender shall be pursued for criminal liability according to law. The relevant industrial associations shall strengthen the self-regulation in their respective industries, supervise the productions and business operations of the producers and business operators; strengthen the dissemination and publicity of public health knowledge, and guide the consumers to choose products produced and sold by legitimate producers and business operators and products with legitimate labels. Article 4 The raw materials, accessories, additives and agricultural inputs used by a producer for producing the products shall comply with the provisions of laws and administrative regulations and mandatory standards of the state. Where the raw materials, accessories, additives or agricultural inputs are illegally used, in violation of the preceding paragraph, the regulatory authorities for agriculture, health, quality inspection, commerce, drug, etc., in their respective capacities, shall confiscate the illegal income, and impose a fine of 20,000 yuan if the value of goods is less than 5,000 yuan, impose a fine of 50,000 yuan if the value of goods is more than 5,000 yuan but less than 10,000 yuan, or impose a fine of not less than 5 times but not more than 10 times the value of goods if the value of goods is more than 10,000 yuan; if serious consequences are caused, the original license issuing authority shall cancel a license; and if a crime of production or sale of fake or substandard commodities is constituted, the offender shall be pursued for criminal liability according to law. Article 5 A seller must establish and implement a product supply inspection and acceptance system, examine the business qualifications of suppliers, verify the certificates of qualified products and product labels, and establish a product supply account to truly record the names, specifications, quantities, suppliers and their contacts, time of supply, etc. of products. A sales enterprise engaging in the product wholesale business shall establish a product sales account to truly record the types, specifications, quantities, flow, etc. of the wholesale products. A production enterprise selling self-made products at a centralized trading place of products shall perform its duty of establishing a product sales account by analogy in line with the provisions on a sales enterprise engaging in the product wholesale business. The product supply account and sale account shall be kept for at least two years. By the production lot of products, a seller shall ask for an inspection report issued by an inspection agency in conformity with the statutory conditions or a photocopy of an......