Based on the "Food Hygiene Law of the People's Republic of China"! ! !
Reference materials:
Food Hygiene Supervision Procedures
(issued by Ministry of Health Order No. 50 on March 15, 1997)
Chapter 1 General Provisions
Article 1 is to standardize food hygiene supervision activities, ensure and supervise the effective implementation of food hygiene supervision and management by health administrative departments, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the "People's **The Food Hygiene Law of the People's Republic of China (hereinafter referred to as the "Food Hygiene Law") establishes this procedure.
Article 2 The health administrative department must comply with these procedures when exercising its food hygiene supervision responsibilities.
When the food hygiene supervision agencies established by the railway and transportation administrative departments exercise the food hygiene supervision responsibilities prescribed by the health administrative department of the State Council in conjunction with relevant departments of the State Council, they shall follow these procedures, unless otherwise provided by laws and regulations. except.
Port health supervision procedures for imported food shall be separately stipulated by the Ministry of Health.
Article 3 The health administrative department shall follow the principles of legality, fairness, efficiency and openness when exercising its food hygiene supervision responsibilities.
Article 4 The superior health administrative department shall supervise and inspect the food hygiene supervision work of the lower-level health administrative departments, and shall have the right to correct the inappropriate behavior of the lower-level health administrative departments in exercising their food hygiene supervision responsibilities.
Chapter 2 Jurisdiction
Article 5 The jurisdiction of the county-level health administrative department:
(1) Food production and business activities and food production within the jurisdiction Operators;
(2) Investigation and handling of food poisoning and food contamination accidents within the jurisdiction;
(3) Food hygiene supervision matters designated or transferred by the superior health administrative department;< /p>
(4) Other food hygiene supervision matters within the jurisdiction.
Article 6 The jurisdictional scope of the health administrative department at the districted municipal level:
(1) Food production and business activities and food production and business operators directly under the jurisdiction of the health administrative department at the same level;
(2) Investigation and handling of major food poisoning and food contamination accidents within the jurisdiction;
(3) Investigation and handling of major and complex cases within the jurisdiction;
(4) Food hygiene supervision matters designated or transferred by the superior health administrative department;
(5) Food hygiene supervision duties directly authorized by laws, regulations and rules to be exercised by the districted municipal health administrative department.
The jurisdiction of the health administrative department of the Administrative Commission shall be governed by the provisions of the preceding paragraph.
Article 7 The jurisdiction of the provincial health administrative department:
(1) Food production and business activities and food production and business operators directly under the jurisdiction of the health administrative department at the same level;
(2) Investigation and handling of major food poisoning and food contamination accidents within the jurisdiction;
(3) Investigation and handling of major and complex cases within the jurisdiction;
(4) ) Food hygiene supervision matters designated or transferred by the Ministry of Health;
(5) Food hygiene supervision duties directly authorized by laws, regulations, and rules to be performed by provincial health administrative departments.
Article 8 When the superior health administrative department deems it necessary, it has the authority to take charge of the food production and trading activities, food production and trading activities, and illegal cases under the jurisdiction of the lower-level health administrative department. It may also control the food production and trading activities under its own jurisdiction. , food producers and operators, and illegal cases shall be transferred to the jurisdiction of lower-level health administrative departments.
Health administrative departments at all levels have the right to carry out food sampling and testing activities within the administrative jurisdiction of the same level.
Article 9 If the lower-level health administrative department deems that the food production and operation activities, food producers and traders, and illegal cases under its jurisdiction need to be under the jurisdiction of the higher-level health administrative department, it may report to the higher-level health administrative department for decision. The superior health administrative department shall make a decision within seven days from the date of receipt of the request.
Article 10 When performing food hygiene supervision responsibilities, local health administrative departments at or above the county level find that food that does not fall within their own jurisdiction shall promptly transfer it to the health administrative department with jurisdiction. The health administrative department to which the case was transferred shall promptly provide feedback on the handling of the transferred case to the health administrative department that transferred the case.
Article 11 If a dispute arises between the health administration departments due to jurisdiction, the two parties to the dispute shall resolve it through negotiation within 15 days from the date of occurrence of the dispute; if the dispute cannot be resolved through negotiation, it shall be reported to the superior authority that agrees. Designated by the health administrative department. The superior health administrative department shall make a decision on designated jurisdiction within fifteen days after receiving the request.
Chapter 3 Licensing
Article 12 The issuance of health licenses shall be carried out in accordance with the management measures for the issuance of health licenses formulated by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 13 New varieties of food and food additives produced using new resources, as well as new varieties of food containers, packaging materials and food tools and equipment produced using new raw materials must be provided before being put into production. The required information and samples must be submitted for approval in accordance with the prescribed approval procedures.
The approval procedures for food detergents and disinfectants are carried out in accordance with the relevant regulations formulated by the Ministry of Health.
Article 14 For foods that indicate specific health-care functions, their products and instructions must be submitted to the Ministry of Health for review and approval. The approval process shall be carried out in accordance with the "Health Food Management Measures" formulated by the Ministry of Health.
Article 15: Hygiene knowledge training and health examinations for food production and operation personnel shall be carried out in accordance with relevant regulations formulated by the Ministry of Health.
Article 16 The examination and approval of food advertisements shall be carried out in accordance with the provisions of the "Measures for the Administration of Food Advertisements".
Chapter 4 Supervision and Inspection
Article 17 When accepting applications for health review of site selection and design of new construction, expansion, and reconstruction projects from food producers and operators, the health administrative department shall Applicants are required to provide required materials.
Article 18 The health administrative department shall review the application for site selection and design hygiene review and relevant materials for new, expansion, and reconstruction projects within thirty days from the date of receipt, and make a written reply. When necessary, a professional technical institution can be designated to review the submitted materials and conduct on-site inspections to make a hygienic evaluation.
Article 19 The health administrative department shall, within 20 days from the date of receiving the application for project completion acceptance, conduct project acceptance in accordance with the health approval opinions on site selection and design of new, expansion, and reconstruction projects, and Put forward acceptance opinions; for the project acceptance of staff canteens and restaurants, acceptance opinions should be put forward within ten days. When necessary, the health administrative department may designate a professional technical institution to conduct hygienic evaluation of the completed acceptance project.
Article 20 When food hygiene supervisors conduct roving supervision and inspection of food producers and operators, they shall produce their supervision certificates and conduct supervision and inspection in accordance with the provisions of laws, regulations, rules and hygienic standards. The following contents can be focused on for inspection:
(1) Health license, health certificate and health knowledge training of food production and operation personnel;
(2) Health management organization and management System situation;
(3) Environmental sanitation, personal hygiene, food tools and equipment sanitation, food containers and packaging materials, sanitation facilities, and process flow conditions;
(4) Food Hygienic conditions in the production and operation process;
(5) Food labels, instructions, and certification requirements for purchased food and raw materials;
(6) Food raw materials, semi-finished products, finished products, etc. Sensory properties, use of additives, and product hygienic inspection;
(7) Conduct on-site inspections of the hygienic quality of food, tableware, drinking utensils and containers for direct food, and conduct necessary sampling or Sampling according to the monitoring plan;
(8) Hygienic conditions of water use;
(9) Hygienic conditions of use of detergents and disinfectants.
Routing inspections of food additives, food containers, food packaging materials, and food tools and equipment shall be carried out in accordance with the requirements of hygienic standards and hygienic management methods.
Article 21 When food hygiene supervisors conduct patrol inspections, they should prepare on-site supervision transcripts. After the transcripts are verified to be correct by the person in charge of the supervised unit or relevant personnel, the food hygiene supervisor and the supervised unit shall The person in charge or relevant personnel must also sign, and any modifications shall be covered by the signature or seal of the person in charge of the unit being supervised or relevant personnel.
If the person in charge of the supervised unit or relevant personnel refuses to sign, the food hygiene supervisor shall indicate the reasons for the refusal in the transcript and record the names, positions, etc. of the persons present.
Article 22 Food hygiene inspectors shall provide guidance according to the situation during the process of patrol supervision and inspection or after the completion of supervision and inspection.
When implementing administrative penalties, the Administrative Penalty Law, the Food Hygiene Administrative Penalty Measures formulated by the Ministry of Health and the relevant health administrative penalty procedures should be observed.
Chapter 5 Monitoring and Inspection
Article 23: When food hygiene supervisors collect samples of food, food additives, food containers and packaging materials, food detergents, disinfectants, food tools, etc., they shall present their certificates and collect samples according to the purpose of monitoring and food hygiene. According to the provisions of the standard inspection method, the food hygiene supervisor who takes the sample must issue a sampling voucher to the unit and individual being sampled.
Article 24 Food Hygiene Supervisor. According to the purpose of monitoring, the inspection items are determined in accordance with the provisions of national health standards, the sample inspection notice is filled in, and the samples are submitted for inspection in a timely manner as required. The inspector should accept the sample and sign the sample inspection notice.
Article 25 If there are no national health standards, the inspection items for suspected contamination, deterioration, adulteration, and adulteration may be determined by referring to the national health standards, local health standards, industry standards, and enterprise standards for similar foods. The inspection items of food, as well as food that causes food poisoning, are determined based on investigation needs and relevant information provided by food producers and operators.
Article 26 Inspection is conducted in accordance with national standard inspection methods. There are no national health standards. For inspection methods, you can refer to the national health standard inspection methods for similar foods, or the local and industry health standard inspection methods, as well as the methods recommended by international organizations.
Inspection personnel should fill in the original health inspection records and health inspection reports. , after the inspection report is verified to be correct, it will be signed by the inspection personnel and handed over to the responsible food hygiene supervisor
The food inspection samples shall be kept for a period of not less than one month or according to the time specified by the health administration department.
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Article 27 The inspector shall issue a food hygiene inspection report within fifteen days after receiving the sample inspection notice. For inspection of poisonous food or food that may cause poisoning, an inspection report shall be issued within five days. , if the time limit for issuing an inspection report needs to be extended under special circumstances, it should be reported to the health administrative department for decision.
Article 28 If the monitored unit has any objection to the inspection results, it may submit it to the original health administrative department or the next higher level of health. The administrative department shall submit a written application for re-inspection, state the reasons, and conduct re-inspection after approval. The written application for re-inspection shall be submitted to the health administrative department within ten days from the date of receipt of the inspection report, or the date of expiration of the designated period for receiving the inspection report. Respond to whether you agree to the re-inspection within ten days from the date of receipt of the written re-inspection application.
Article 29: When pathogenic bacteria are detected, the bacterial strains will not be re-examined. One month.
Chapter 6 Investigation and Handling of Food Poisoning and Food Contamination Accidents
Article 30: After receiving a report of a food poisoning or food contamination incident, the health administrative department shall promptly organize Personnel will go to the scene to investigate and deal with the matter, and may take the following temporary control measures:
(1) Seal the food and raw materials that cause food poisoning or may cause food poisoning;
(2) Seal contaminated food tools and utensils and order them to be cleaned and disinfected.
When necessary, the health administrative department responsible for investigation and handling shall promptly notify the health administrative department of the source and destination of the poisoned food or contaminated food. When taking temporary control measures, the provisions of Chapter 7 of this procedure should be implemented.
Article 31 The investigation and evidence collection of food poisoning mainly include the following contents:
(1) The number, time and place of onset of suspected and poisoned patients, Clinical symptoms and signs, diagnosis, and rescue treatment;
(2) Meal recipes of suspicious and poisoned patients within 48 hours before onset of illness, and suspicious meal recipes and meals within 72 hours under special circumstances Personnel illness status;
(3) Hygienic conditions of the production and operation sites and production and operation processes of suspected poisoned food;
(4) Health status of employees;
(5) Collect suspicious food and vomitus (gastric lavage fluid), blood, stool and other samples that need to be collected from poisoned patients for testing, and conduct animal testing if necessary;
(6) Fill in the food poisoning Survey registration form.
Article 32 The investigation of food contamination accidents and the collection of evidence mainly include the following contents:
(1) The name, quantity, source and flow direction of the contaminated food;
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(2) The name, quantity, and suspected pollution links of the pollutants;
(3) Obtaining evidence and collecting samples for testing;
(4) Making investigation records.
Article 33 When investigating food poisoning and food contamination accidents, the number of samples taken is not subject to the regular sampling limit, and sampling is free of charge.
Article 34 Investigation records of food poisoning and food contamination accidents shall be produced, and the records shall be signed by the food hygiene supervisor and the person under investigation.
Article 35 After an investigation into a food poisoning or food contamination accident, investigators should promptly organize and analyze the investigation materials, test results and other evidence materials, and write an investigation report.
Article 36 The health administrative department shall carefully review all evidence materials of food poisoning or food contamination accidents. If the evidence is deemed insufficient, it shall be supplemented or corrected in a timely manner; if the facts are clear and the evidence is conclusive and sufficient, the evidence shall be determined in accordance with the " Food Hygiene Law and relevant regulations shall be dealt with.
Chapter 7 Administrative Control
Article 37: The health administrative department shall adopt the Food Producers and Operators who have caused food poisoning accidents or who have evidence to prove that they may cause food poisoning accidents. When implementing temporary control measures stipulated in Article 37 of the Health Law, seals should be used and a health administrative control decision should be made.
The seal should be stamped with the seal of the health administration department.
Article 38 The parties concerned shall be responsible for the preservation of controlled food and raw materials, food tools and utensils, and shall not transfer them without permission. If the party refuses to bear the responsibility, the health administrative department may require qualified units to preserve the property, and all costs required for preservation shall be borne by the party concerned.
Article 39: When food hygiene inspectors are performing official duties, in case of emergency or special circumstances, they may seal on the spot food that has caused food poisoning and food with evidence that may cause food poisoning, and Records should be prepared, but after sealing measures are taken, they should be immediately submitted to the relevant health administrative department for approval and an administrative control decision should be sent.
Article 40: For sealed food and food tools and utensils, the health administrative department shall complete inspection or hygienic evaluation within 15 days from the date of sealing, and make the following processing decisions:
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(1) For contaminated food, an administrative penalty decision shall be made to destroy it in accordance with the law;
(2) For uncontaminated food, as well as food tools and utensils that have been decontaminated, be unblocked.
When a decision is made to lift the seal, a letter of decision to lift health administrative control should be sent and the seal should be opened.
If the sealing period needs to be extended due to special reasons, a decision should be made to extend the control period.
Chapter 8 Supplementary Provisions
Article 41 The documents used in this procedure shall be implemented in accordance with the format and requirements prescribed by the Ministry of Health.
Article 42: This procedure will come into effect on June 1, 1997. The original "Food Hygiene Supervision Work Procedures (Trial)" and "Violations of the "People's Republic of China and the National Food and Drug Administration" Health Law (Trial Implementation)>Administrative Penalty Procedures (Trial Implementation)" are abolished at the same time.
Article 43 The Ministry of Health is responsible for explaining this procedure.