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DECISION OF THE STATE COUNCIL ABOUT FURTHER STRENGTHENING FOOD SAFETY |
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(No. 23 [2004] of the State Council promulgated on September 1, 2004)
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SUBJECT : FOOD; SAFETY |
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 09/01/2004 |
IMPLEMENT DATE : 09/01/2004 |
LENGTH : 3,330 words |
TEXT : |
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Food safety is important to the health and life safety of the general public, to the sound economic development and social stability and to the image of our government and even the whole country. The Central Committee of the CPC and the State Council have always attached great importance to food safety. In recent years they have been focusing on combating the production and sales of shoddy and inferior food as well as other offences and crimes so as to rectify and regulate the market economic order. They have also taken a series of measures to intensify the food safety work. All regions and all departments have made efforts and have achieved some success. All in all, the trend toward more frequent occurrence of cases of production and sale of fake and inferior food is curbed to some extent and the situation of food safety has become better. However, the food safety problem is still quite severe, especially in the aspects of plantation and breeding, production and processing, market circulation, catering and consumption. There are defects in the regime, legal system and standards of food safety supervision and regulation. The phenomenon of regional protection and incompliance with the law, slack enforcement of law and ineffective supervision and regulation cases have occurred now and then. For the purpose of resuming and enhancing the good reputation of food of our country and ensuring the health and life safety of the people, the State Council decides to take feasible and effective measures to further strengthen the food safety work.
I. THE GUIDELINES, PRINCIPLES AND GOAL OF WORK
(1) The guidelines and principles. You must adhere to the important guidelines of Deng Xiaoping's Theory and the important thought of "Three Represents", carefully implement the spirits of the 16th Party Congress, consolidate the belief of "taking people as the basis and administering the state for the people", fully perform the functions of the people's government, lay emphasis on the food safety work and lose no time to complete it well. You must continue to stick to the working mechanism for food safety - "being under national uniform leadership, with the local governments to be specifically responsible, guidance and coordination by competent departments, and joint act of all sides", strengthen the coordination and cooperation between different departments, fulfill the responsibilities and intensify law enforcement. You must integrate centralized rectification and regulation with the construction of system, integrate strict law enforcement with scientific management, and integrate the combat of fake and inferior food products with the support to the good and strong ones, highlight the key points, and strengthen routine supervision while pay attention to the special rectification and regulation activities. You must establish a food safety credit system and discredit punishment mechanism, lead the enterprises to keep good faith and abide by the law. You must intensify supervision by the mass media, enhance positive publicity, strengthen social supervision and guarantee the catering safety and food safety as well as the health of people.
(2) Goals of Work. By way of making painstaking and careful efforts, the food production and business operation order has obviously turned for the better, the offences and crimes of producing and selling fake, inferior, toxic and harmful foods have been curbed effectively, serious cases have been timely investigated and punished, food safety accidents decreased considerably, so people feel that food consumption is safer and the food credit of our country has been resumed and improved. Based on these achievements, by making unremitting efforts you must further perfect the laws, regulations and the supervisory system for food safety, formulate a more scientific and effective system of standards, system of inspection and testing and system of credit, give full play to the functions of the guilds and intermediary organizations, further enhance the safety responsibility and awareness of enterprises, seek the continuous sound and fast development of the food industry and satisfy the ever increasing demands of the people for food safety and health.
II. KEY TASKS IN THE NEAR FUTURE
(1) You must vigorously rectify the food production and processing industry and improve the level of food industry in real earnest. With regard to the main food products determined under special food rectification, You must strictly investigate into and punish the activities of production and business operation without a hygiene license, business license or production license and firmly clamp down on those without essential production conditions. You must strictly implement the food quality and safety market entry system, strictly examine the production conditions of enterprises, organize the production in strict compliance with the relevant standards, conduct stringent inspection over the products for delivery, complete the market entry of the food quality and safety of 10 categories of products such as meat products, dairy products, beverages, spices, freezing drinks, instant noodles, biscuits, canned foods, deep-frozen rice and flour foods, and popped foods, and initiate the market entry for 13 other categories of food. You must strengthen the supervision and administration over food production and processing enterprises, take supervisory measures for manufacturing enterprises, including tour inspections, return-visit inspections, annual inspections, supervision-based spot checks, etc. You must intensify the responsibilities of the enterprise legal persons as the first liable persons for food safety; strengthen the safety assessment of new resource foods, food additives and food packaging materials, crack down the illegal acts of abusing food additives, using non-food raw materials in producing or processing food, putting banned drugs into health-care food.
The local governments shall organize the rectification of food production and processing industry. Through rectification, they should support a batch of famous enterprises, shut down a batch of food production and processing enterprises without corresponding product quality and safety conditions and severely punish those violators and criminals that produce or sell fake or inferior food.
(2) You must tighten the special rectification of agricultural input products and prevent the pollution of agricultural products from the root. You must go ahead with the "Nuisanceless Food Plan", carry out special in-depth rectification activities to control the pesticide persistent, abuses of banned drugs in poultry and animal products, and drug persistent in aquatics, popularize the knowledge about the safe use of fertilizers, pesticides, veterinary medicines, foodstuff additives, and growth hormone for animals and plants, popularize the use of less-persistent pesticide, veterinary medicines and non-polluting additives, regulate the acts of plantation and breeding. You should establish a uniform and regulatory system of standards on the quality and safety of agricultural products, a system for the routine monitoring of quality and safety of agricultural products and a retroactive system for the quality and safety of agricultural input products, monitor the environment of places of the agricultural products, and the quality and safety of agricultural products. You should push forward the establishment of comprehensive exemplary areas for the standardized production nuisanceless agricultural products, breeding areas, exemplary agricultural farms, areas without epidemic animal diseases, and production bases of export products, actively carry out the work of accreditation of agricultural products and food, popularize the model of "company + base", and speed up the process of banning, limiting or disusing high toxic or high persistent agricultural input products.
(3) You must pay close attention to the weak links, further strengthen the supervision and administration over the food circulation and consumption sectors. We should deeply implement the "Three-green Project" with the main contents being "promoting green consumption, fostering green market and opening green passages", advocate modern ways of circulation organization and operation, make major efforts to develop chain operations and logistic services; actively urge distribution enterprises to comply with the system for inspecting and checking purchased goods, asking for certifications and invoices, purchase and sale accounts and making commitments to quality, and quality responsibility system for market operators, continue to promote the effective measures such as "connecting factories to markets" and "connecting markets to production places", fully comply with the market touring inspection system, perfect the supervision-based spot check and routine food hygiene monitoring system, strictly implement the systems for removing unqualified food from the market, and have them withdrawn, destroyed and disclosed; push forward the food hygiene supervision, quantification and classification management system in the catering industry and canteens, perfect and strengthen the construction of the systems for food contamination monitoring and food-sourced disease monitoring; intensify the livestock and poultry slaughter industry, eliminate regional blockade, encourage nationwide circulation of food with good quality, credit and reputation, and perfect the community food processing and circulation service system. You should tighten the management of food safety marks and packages, concentrate on rectifying false packages, marks and trademarks print of food.
(4) You should pay more attention to the rectification of children's and rural food markets, earnestly protect the interests of the minors, peasants and persons with low income. You should, by adopting comprehensive measures, effectively curb the acts of producing and selling fake and inferior children's foods. You should transfer the key tasks of supervision and work to the lower levels, strengthen the supervision over rural markets, strengthen the supervision over the diversified food wholesaling markets scattered in the communities, fringes between rural and urban areas or between villages and towns, fairs, individual peddlers, small processing workshops, small food stores and small restaurants, tighten the inspection and supervision over the catering industry, canteens in schools or construction sites.
(5) You should, in accordance with the law, make thorough investigations into the severe cases so as to coerce criminals. You should concentrate on investigating severe food safety cases by losing no time in punishing illegal and criminal gangs and chief criminals. With regard to the regions and entities with high rates of incidence of cases and long-term pending severe cases, the governments at the next higher level and relevant administrative law enforcement departments and judicial departments should organize personnel to directly investigate into the said cases and punish the pertinent liable persons, and should timely announce the investigation and punishment results of the severe typical cases to the public.
(6) You should do well in the food safety publicity and serve the overall situation of development. You should energetically publicize the spirit of the State Council about strengthening the work of food safety, fully report about the efforts made by all places and all related departments in improving food safety, publicize laws, regulations and food safety knowledge, continue to disclose or expose the criminal acts involving food safety and timely track and report about the subsequent measures and results, report about the exemplary enterprises that attach importance to quality and cherish their credit standing, make greats efforts to publicize the foods of good quality, famous brands and excellent enterprises, increase the confidence of the masses in consumption, enhance the reputation of the foods of our country, actively publicize and introduce the food supervision and control efforts of our country and the actual effects. You should organize personnel to compile white papers 每 Status of Chinese Food Safety.
All regions and all pertinent departments should fulfill and clarify the tasks and responsibilities, carry out the "First Inquiree Responsibility System", ensure that all important tasks be fulfilled orderly. The food and drug supervisory departments shall further intensify the comprehensive supervision and coordination in the food safety management, and investigations into and punishments to the serious accidents, try every effort to enhance the level of comprehensive supervision over food safety.
III. SEVERAL SIGNIFICANT MEASURES
As strengthening food safety management is a long-term arduous task, you must, on the basis of the current situation, aim for the future, thoroughly solve the issues, but pay more attention to the root thereof, establish a sound supervision and regulation system and a long-term effective mechanism.
(1) You must further straighten up the functions of the supervisory departments. According to the principle 每 one supervision link subject to the supervision of one department, you should, by adopting the phase-by-phase supervision as the main approach and product-based supervision as a supporting way, further straighten up food safety supervision and control functions so as to clarify the responsibilities. The Ministry of Agriculture shall be responsible for the supervision over the production link of primary agricultural products. The quality inspection departments shall be responsible for the supervision over the food production and processing link, while the function of supervision and regulation of the sanitation of food production and processing link currently undertaken by the hygiene departments shall be transferred to the quality inspection departments. The industrial and commercial departments shall be responsible for the supervision over the food circulation link. The hygiene departments shall be responsible for the supervision over the catering industry. The food and drug supervision departments shall be responsible for the comprehensive supervision and coordination in the food safety, organizing investigations into and imposing punishments to the serious accidents. According to the principle of consistence between power and responsibilities, a food safety supervisory responsibility system and a penal system shall be set up. The specific measures shall be formulated by the Office of the Committee for Establishing Government Organizations of the CCCPC jointly with other pertinent departments. The current function adjustments are very complicate and difficult, all relevant departments shall, considering the general situation, carefully make good preparations so as to ensure the smooth implementation on January 1, 2005.
The agriculture, development and reform, and commerce departments shall, in light of their respective functions, do well in the management of the industries of plantation and breeding, food processing, circulation and consumption. It shall further give play to the roles of the gilds and intermediary organizations.
(2) The responsibilities of the local people's governments for the supervision of food safety shall be intensified. The people's governments at all levels shall be responsible for the food safety of their respective administrative areas, take the leadership and conduct coordination in supervising and improving food safety. You should establish a food safety coordination mechanism, carry out special activities to improve the food safety and the overall food production and processing industry. You shall properly coordinate and cooperative with the relevant supervisory and law enforcement departments, strengthen the comprehensive law enforcement, joint law enforcement and routine supervision, especially solve the problems of nonfeasance and malfeasance. They shall earnestly implement the responsibility system and punishment system, clarify the responsibilities of the direct liable persons and relevant persons-in-charge. You shall firmly overcome regional protectionism, enhance the awareness of the overall situation, shall not hamper the supervision and law enforcement by any means, nor may you act as the "protection umbrella" of the illegal enterprises and law violators.
(3) Strengthening the construction of grassroots law enforcement personnel. Grassroots food safety supervision is the basis and focus of food safety supervision, which directly concerns the fact whether the laws and regulations on food safety supervision and the various work plans could be carried into effect. You should strengthen the ideological, professional, and working style construction of the grassroots law enforcement personnel, reinforce the training of laws and regulations, improve the overall quality of the law enforcement personnel as well as their ability to administer according to law, so as to achieve the goal of rigorous, impartial, and proper enforcement of laws. You should replenish the grassroots law enforcement teams with adequate personnel, rigidly control the "input" of personnel and ensure the smooth "output" of personnel, reinforce supervision, and fully enforce the laws and disciplines. The local people's governments should earnestly improve the equipments for law enforcement and the technical conditions for test and monitor, and make sure that there are adequate funds for office work, handling cases, supervision, and spot checks, etc.
(4) Perfecting the laws, regulations, and ministerial rules on food safety. The Legal Affairs Office of the State Council should lose no time in amending the Law on Food Hygiene and the Regulation on the Administration of Industrial Product Licenses, speed up the examination of the Law on the Quality and Safety of Agricultural Products (for deliberation). The Ministry of Commerce should consider revising the Regulation on the Slaughtering of Pigs. The Ministries of Agriculture, Commerce, and Health, the State Administration for Industry and Commerce and the State Administration of Quality, Inspection and Quarantine, etc., should, according to their respective duties and functions, sort out and revise the relevant ministerial rules regarding food safety as early as possible, trying to have it accomplished by the end of 2004.
(5) Establishing and perfecting food safety standards and the system of test and inspection. You should sort out the relevant standards relating to products and health as soon as possible, creating a food safety standards system. The State Administration of Quality, Inspection and Quarantine should, jointly with the State Development and Reform Commission, the Ministry of Agriculture, the Ministry of Health, the Ministry of Commerce, the State Administration of Drug Supervision and Regulation, etc., put forward opinions for the formulation and revision of such standards and have them implemented without delay. You should give full play to the role of such institutions of agriculture, quality inspection, health, commerce, etc., perfect the system of test and inspection, rigorously examine the qualifications of relevant parties, so as to offer services to the general public, realize the sharing of resources, and avoid repeated construction. You should share the test information and avoid unnecessary repeated tests. For the construction of the food test and inspection system, the State Administration of Quality Inspection and Quarantine should, in collaboration with such departments as the Ministry of Agriculture, the Ministry of Health, the Ministry of Commerce, and the State Administration for Industry and Commerce, etc., put forward concrete advice.
(6) Speeding up the construction of the food safety credit system and computerized management of information. You should focus on the credit construction of food production and management enterprises, reinforce the punishment of discredit activities by means of government supervision, self-discipline of the industrial sectors concerned, and social supervision, paying comprehensive attention to the formulation of food safety rules, the construction of a management service system and operational mechanisms. You should continue to pay close attention to the experiment of food safety credit in five cities 每 Xiamen, Liaoyuan, Daqing, Changde, and Yinchuan, and 3 industries 每 meet, grains, and children's foods, try to establish and perfect the quality archives of food production and operational enterprises and the archival files of food safety supervision credit, reinforce the consciousness of responsibility of the food producers and operators. You should try to establish the basic framework and operational mechanisms of food safety credit system within around five years.
You should pay close attention to the management and comprehensive utilization of food safety information, build an interface for the exchange of information among different departments so as to realize the interconnection and sharing of resources. The agricultural departments should ensure that such test information as pesticide residuals and veterinary drug residuals on primary agricultural products available to the general public. The four departments 每 the department for quality inspection, the department for industry and commerce, the department of health and the department of food and drug supervision and regulation 每 should jointly issue the information of quality supervision and tests of the food market. The food and drug administration is responsible for gathering, timely conveying, sorting out and analyzing food safety information and make them available to the general public on the regular basis. You should establish a network system for effective information supervision and circulation, gradually form a unified, scientific system of food safety information assessment and pre-warning indicators, make timely analysis and study of the food safety situation, ensuring that food safety problems are discovered, prevented, and settled at an earliest possible date. The food and drug administration should, jointly with other relevant departments, draft the Interim Measures for the Issuance of Food Safety Supervision Information, and should select dairy products and vegetables as pilots for the principled issuance of information.
The State Council will instruct the Food and Drug Administration to carry out this work together with other relevant departments, and should conduct a comprehensive inspection of the food safety work before the Spring Festival of 2005, and should report the result of inspection to the State Council.
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