For food safety, the new regulations are here

A few days ago, the General Administration of Market Supervision issued the "Regulations on the Supervision and Administration of Enterprises Implementing Food Safety Main Responsibility Supervision and Management" (hereinafter referred to as the "Regulations"), further implement the decision -making and deployment of the Party Central Committee and the State Council, implement relevant provisions of the Food Safety Law and Implementation Regulations, urge enterprises to implement food safety The main responsibility, strengthen food safety responsibility for the main person in charge of the enterprise, and standardize the behavior of food safety management personnel.

Improve the corporate responsibility system. Food production and operation enterprises should establish and improve the food safety management system, implement the food safety responsibility system, and have a certain scale of food production and operation enterprises. While equipped with food safety officers, they should equip the director of food safety according to law; , Food Safety Director and Food Safety Officer's Horbon Food Safety Responsibility System.

Improve the risk prevention and control mechanism. Enterprises should establish a dynamic management mechanism based on food safety risk prevention and control, formulate a list of food safety risk management and control, and establish and improve the working mechanism of daily management and control, weekly inspection, and monthly adjustment. Daily management and control refers to the daily inspection of food safety officers based on the risk control list, forming the "Daily Food Safety Inspection Record"; weekly inspection refers The issue forms the "Weekly Food Safety Inspection and Governance Report"; the monthly dispatch refers to the monthly work report by the principals of the enterprise to listen to the work report to form the "Monthly Monthly Food Safety Dispatch Conference".

Clarify measures to perform their duties. Enterprises should support and ensure food safety management work in accordance with the law. Director of food safety and food safety officers find potential risks of food safety accidents, they should propose to stop related food production and operation activities such as veto. It is necessary to set up adjustments and performance records of the main person in charge, director of food safety, and food safety officers as an important part of supervision and inspection of market supervision departments. It is necessary to organize the training of food safety director and food safety officer, provide corresponding guarantees, and give commendation and rewards to the effective results.

Improve relevant legal responsibilities. It is clear that the enterprise has not implemented the food safety responsibility system and the legal liability of the food safety responsibility system and the failure to be equipped, training, assessment of food safety director, and food safety officers in accordance with regulations. Clarifying the illegal situation stipulated in the food safety law such as food production and operation enterprises, if the rejuvenation suggestions made by the food safety director or food safety officer without justified the rejuvenation of food safety director, it belongs to the Regulations on the Implementation of the Food Safety Director and Food Safety Officer. Article 75 The intentional implementation of illegal acts stipulated; if the director of food safety and food safety officers have fulfilled their duties in accordance with the law, they will not be punished.

The "Regulations" will be implemented from November 1, 2022. In the next step, the General Administration of Market Supervision will take the implementation of the "Regulations" as an opportunity to urge enterprises to implement the main responsibilities, enhance risk prevention and control capabilities, and effectively protect the people of the people "the safety of the tongue."

Enterprises implement the regulations for supervision and management of food safety subject responsibility

(September 22, 2022 The State Administration of Market Supervision and Administration Order No. 60 will be announced from November 1, 2022)

Article 1 In order to urge enterprises to implement the main responsibility of food safety, strengthen the responsibility of food safety responsibilities of the main person in charge of the enterprise, standardize the behavior of food safety management personnel, and formulate these regulations in accordance with the "Food Safety Law of the People's Republic of China" and the implementation regulations.

Article 2 In the People's Republic of China, the main person in charge of food production and operation enterprises, food safety director, food safety officers and other food safety management personnel shall implement the behavior of food safety responsibilities and their supervision and management in accordance with the law.

Article 3 Food production and operation enterprises shall establish and improve the food safety management system, implement the food safety responsibility system, and equip the company's size, food category, risk level, management level, safety status, etc. in accordance with the law. Food safety management personnel, clarify the job responsibilities of the main person in charge of the enterprise, the director of food safety, and the food safety officer.

The main person in charge of the enterprise is fully responsible for the food safety work of the enterprise, and the long -term mechanism of establishing and implementing the main responsibility of food safety. Food Safety Director and Food Safety Officer shall assist the main persons in charge of the enterprise in accordance with the job responsibilities to do a good job of food safety management.

Article 4 The main person in charge of food production and operation enterprises shall support and ensure the food safety management of food safety director and food safety officers in accordance with the law. Before making major decisions involving food safety, they should fully listen to the opinions of the food safety director and food safety officer. And suggestion.

Director of food safety and food safety officers find potential risks of food safety accidents, they should propose to stop related food production and operation activities such as veto. Enterprises should immediately analyze and judge, take disposal measures to eliminate hidden risks.

Article 5 On the basis of providing food safety officers in accordance with the law, the cafeteria of the following food production and operation enterprises and concentrated dining units shall be equipped with food safety director:

(1) Special food manufacturers;

(2) Large and medium -sized food manufacturers;

(3) Large and medium -sized catering service enterprises, headquarters of chain catering enterprises;

(4) Large and medium -sized food sales enterprises, headquarters chain sales enterprise;

(5) The child canteen with more than 300 dining people, a school cafeteria with more than 500 dining people, and units with the number of meals or more than 1,000 meals.

Local market supervision and management departments at or above the county level shall guide the conditions for enterprises with conditions in the region to equip the region's actual situation. Article 6 The director of food safety and food safety officer shall have the following food safety management capabilities:

(1) Master the corresponding food safety laws and regulations, food safety standards;

(2) Professional knowledge of identifying and preventing and controlling corresponding food safety risks;

(3) Familiar with the control requirements of production and operation processes such as food safety -related facilities, process processes, and operating procedures of the enterprise;

(4) Participate in the training of food safety management personnel organized by the enterprise and pass the assessment;

(5) Other food safety management capabilities that should have.

Food production and operation enterprises can clearly clarify the person in charge of the enterprise and food safety managers who comply with the preceding paragraphs as the director of food safety and food safety officer.

Article 7 Enterprises who have been revoked by the law safety violations of food safety, their legal representatives, direct responsible persons in charge, and other direct responsible personnel shall not be the food safety director and food safety officer of food safety within five years from the date of the punishment decision.

Those who are sentenced to more than punishments in prison for food safety crimes shall not serve as director of food safety and food safety officers for life.

Article 8 The Chief Food Safety Director is directly responsible for the principals of the company in accordance with the requirements of the responsibilities, assisting the main person in charge to do a good job of food safety management, and assume the following responsibilities:

(1) Organize the formulation of food safety management system, urge the implementation of the food safety responsibility system, and clarify the health management of employees' health management, supplier management, purchase inspection, production and operation process control, factory inspection, traceability system construction, complaint reporting and other food safety aspects and other food safety aspects. Responsibility requirements;

(2) Organize and urge the implementation of food safety risk prevention and control measures, regularly organize food safety self -inspection, evaluate the situation of food safety, report to the main person in charge of the enterprise in a timely manner, and propose improvement measures to prevent and correct food safety violations of laws. , Organize the implementation of food recalls in accordance with regulations;

(3) Organize the formulation of food safety accident disposal plans, organize emergency drills, implement the obligations of the food safety accident report, and take measures to prevent the expansion of the accident;

(4) Responsible for management, supervision, and guiding food safety officers to do a good job of related responsibilities, organize and carry out employee food safety education, training, and assessment;

(5) Accepting and cooperating with the supervision and management department to carry out food safety supervision and inspection and other tasks, and provide the relevant situation truthfully;

(6) Responsibility for other food safety management.

Food production and operation enterprises shall refine the "Division of Food Safety Directors" in accordance with the actual situation of the enterprise in accordance with the provisions of the previous paragraph.

Article 9 The food safety officer is responsible for the director of food safety or the main person in charge of the enterprise in accordance with the responsibilities requirements, engage in the specific work of food safety management, and assume the following responsibilities:

(1) Supervision and implementation of the control requirements of the food production and operation process;

(2) Check the implementation of the food safety management system, manage and maintain the recording materials of the food safety production operation process, and save relevant materials in accordance with the requirements;

(3) For foods that do not meet the food safety standards or have evidence to prove the hidden danger of food safety risks that may endanger human health, and take effective measures to rectify and report it in time;

(4) Record and manage the health status and sanitary status of employees;

(5) Cooperate with relevant departments to investigate and deal with food safety accidents;

(6) Responsibility for other food safety management.

Food production and operation enterprises shall refine the "Food Safety Officer Code" in accordance with the actual situation of the enterprise in accordance with the provisions of the preceding paragraph.

Article 10 Food production and operation enterprises shall establish a dynamic management mechanism based on food safety risk prevention and control, combine the actual situation of enterprises, implement self -inspection requirements, formulate a list of food safety risk management and control, establish and improve daily management control, weekly inspection, monthly adjustment work system and mechanism Essence

Article 11 Enterprises shall establish a food safety daily management system. Food safety officers conduct inspections based on the risk control list to form a "Daily Food Safety Inspection Record". The hidden dangers of food safety risks discovered should be taken immediately to report preventive measures and report to the food safety director or the main person in charge of the enterprise in accordance with the procedures. Those who have not found problems should also be recorded and implement zero risk reports.

Article 12 Enterprises shall establish a food safety weekly investigation system. Director of food safety or food safety officers organize at least once a week to investigate risk hidden dangers, analyze and judge food safety management, study and solve problems found in daily control, and form a "Weekly Food Safety Inspection and Governance Report".

Article 13 Enterprises shall establish a food safety monthly dispatch system. The main person in charge of the enterprise listened to the work report of the management of the director of food safety at least once a month, summarized the daily management of food safety and the investigation and management of risk hidden dangers in the month, and made a scheduling arrangement for the key work next month to form a "monthly food" Minutes of Safety Schedule Conference.

Article 14 The establishment and adjustment of food production and operation enterprises shall be the main person in charge, food safety director, food safety officer and other personnel. The performances and reports of the opinions and reports are recorded and archived.

Article 15 The market supervision and management department shall establish and implement the management system of the food safety responsibility system. The hidden dangers and rectification of food safety risks and rectifications found in the daily management and control, weekly inspection, and monthly adjustment as an important part of supervision and inspection.

Article 16 Food production and operation enterprises shall organize food safety knowledge training for employees of the enterprise, conduct laws, regulations, standards, and professional knowledge training and assessments of the director of food safety and food safety officers, and record the training and assessment situations and archives. for future reference. The local market supervision and management departments at or above the county level In accordance with the assessment guidelines of the food safety managers formulated by the State Administration of Market Supervision and Administration, they organized the supervision and random inspection and assessment of food safety director and food safety officers of food production and operation enterprises in their jurisdictions and announced the results of the assessment. Supervision random inspections shall not charge fees.

If the random inspection and assessment are not qualified and no longer meet the requirements of food production and operation, food production and operation enterprises shall immediately take rectification measures.

Article 17 Food production and operation enterprises shall provide the necessary working conditions, education and training and job treatment for the director of food safety and food safety officers to fully protect their duties in accordance with the law.

Encourage enterprises to establish an incentive mechanism for food safety directors and food safety officers, and give commendation and rewards to the effective results.

Article 18 Food production and operation enterprises have not established a food safety management system in accordance with regulations, or they have not been equipped, training, assessment of food safety management personnel and other food safety managers such as food safety director, or failure to implement food safety responsibilities in accordance with the requirements of the responsibility system. , Based on the provisions of Article 126, paragraph 1, paragraph 1 of the Food Safety Law, or above the county level or above the provisions of the Food Safety Law and give warnings; if they refuse to make corrections , Ordered the suspension of production until the license was revoked. If laws and administrative regulations are stipulated, in accordance with its provisions.

Article 19 The illegal situation stipulated in the food safety law and other units in food production and operation enterprises. In addition to the punishment in accordance with the provisions of the Food Safety Law, one of the following situations, the legal representative, the main person in charge, and the direct responsibility of the unit’s legal representative, the main person in charge, and the directly responsible The supervisors and other direct responsible persons shall be fined more than 1 times the income from the unit in the previous year from the unit in the previous year:

(1) intentional implementation of illegal acts;

(2) The nature of illegal behavior is bad;

(3) Serious consequences of illegal acts.

Food production and operation enterprises and their main responsible persons who have no proper reasons do not adopt the rejuvenation proposed by the food safety director and food safety officers in accordance with Article 4 of these regulations, which belongs to the intentional implementation of illegal acts specified in the preceding paragraph. If the food safety director and food safety officer have fulfilled their duties in accordance with the law, they will not be punished.

Article 20 The main person in charge of the food production and operation enterprise refers to the major decision makers such as legal representatives and actual controllers who assume comprehensive leadership responsibilities in the production and operation of the enterprise.

Direct responsible supervisors refer to those who have direct management responsibilities in illegal acts, including the director of food safety.

Other direct responsible personnel refer to those who implement specific illegal acts and play a large role. They can be both the unit's production and operation manager, or the employee of the unit, including food safety officers.

Article 21 The third -party platform of online food trading, large food storage enterprises, organizers of the centralized trading market, and organizers of food exhibitions may be implemented with reference to these regulations.

The market supervision and management departments of provinces, autonomous regions, and municipalities may be based on the actual situation of the region and referring to the management measures for the implementation of other food production and operators to implement the main responsibility of food safety.

Article 22 These regulations shall be implemented from November 1, 2022.

Source: Hebei Market Supervision

Responsible editor: Fang Shujing Su Haojun Chen Zhaoyue

Edit: Li Weixuan

- END -