Policies and regulations
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The Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Amending the Regulations on the Administration of Food Labeling has been examined and approved by the General Affairs Administration of the General Administration of Quality Supervision, Inspection and Quarantine on August 28, 2009 and is hereby promulgated and will come into force as of the date of promulgation.
Secretary
October 22, 2009
"Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Amending the Provisions on the Administration of Food Labeling"
According to "Food Safety Law of the People's Republic of China" and its implementation regulations and other relevant provisions, the State Administration of Quality Supervision, Inspection and Quarantine decided to "food labeling regulations" as follows:
First, the first amendment was: "In order to strengthen the supervision and administration of food labeling, standardize the labeling of food labels, prevent quality fraud and protect the legitimate rights and interests of enterprises and consumers, according to the" Food Safety Law of the People's Republic of China "," People's Republic of China Law of the People's Republic of China on the Quality of Products, and Special Regulations of the State Council on Strengthening the Supervision and Administration of the Safety of Foodstuffs and other Products, and other laws and regulations.
The first paragraph of Article 8 shall be amended as: "The food labeling shall be marked with the name, address and contact information of the producer, and the name and address of the producer shall be the name and address of the producer who is legally registered and capable of assuming the responsibility of product quality. "
The first paragraph of Article 9 is revised as: "The food labeling shall clearly mark the date of manufacture and the expiry date of the food and shall indicate the storage conditions according to the relevant provisions."
The second paragraph of Article 9 is amended as: "Drinks, vinegar, edible salt and solid sugar with an alcohol content of over 10% (including 10%) may be exempt from the expiration date."
Fourth, the first paragraph of Article X is amended as follows: "Quantitative packaging of food labeling should be marked net content, and in accordance with the relevant requirements of labeling specifications.With solid, liquid two-phase material of food, in addition to labeling the net content, but also marked Dry matter (solids) content. "
V. The first paragraph of Article 11 is amended as: "The food labeling shall be marked with a list of the ingredients or ingredients of the food."
A paragraph is added as the fourth paragraph of Article 11: "The primary and secondary food products for infants and young children and other specific groups of people shall be labeled with the main nutrients and their contents."
Sixth, the twelfth amended as: "food labeling should be marked by the implementation of the enterprise product code."
Article 26 is amended as: "Violations of these Provisions constitute the illegal acts prescribed by the laws and regulations of the" Food Safety Law of the People's Republic of China "and its implementing regulations, and other penalties shall be imposed in accordance with the relevant laws and regulations."
Article 28 is amended as: "Anyone who, in violation of Article 15 of these Provisions, fails to mark the warning signs or the Chinese warning instructions in accordance with the provisions of Article 54 of the" Product Quality Law of the People's Republic of China "shall be punished."
Nine, delete the thirtieth.
This decision shall go into effect as of the date of promulgation.
The Regulation on the Administration of Food Labeling shall be revised accordingly and re-announced according to this Decision.
Food labeling regulations
(Promulgated by Order No.102 of the General Administration of Quality Supervision, Inspection and Quarantine on August 27, 2007
According to the "Decision of AQSIQ on Amending the Regulation of Food Labeling" revised on October 22, 2009)
Chapter I General Provisions
Article 1 In order to strengthen the supervision and administration of food labeling, standardize labeling of food labeling, prevent quality fraud and protect the legitimate rights and interests of enterprises and consumers, according to the provisions of the Food Safety Law of the People's Republic of China, the Product Quality Law of the People's Republic of China, The State Council on strengthening food safety supervision and management of other special provisions "and other laws and regulations, the enactment of this provision.
Article 2 These Provisions shall apply to the labeling, labeling and management of food products (including sub-packages) and foods sold within the territory of the People's Republic of China.
Article 3 "Food labeling" as mentioned in these Provisions refers to the words that affix, print and mark on the food or its package and indicate the relevant information such as food name, quality grade, product quantity, consumption or use method, producer or sellers , Symbols, numbers, patterns and other instructions.
Article 4 The State General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) shall be responsible for the organization and supervision of the national food labeling within its terms of reference.
The local quality and technical supervision departments at or above the county level shall be responsible for the supervision and administration of food labeling within their respective administrative areas within their jurisdiction.
Chapter II labeling of food labeling content
Article food or its packaging should be attached to the logo, but according to the law, administrative regulations can be without labeling of food except.
The contents of food labeling should be true and accurate, understandable and scientific and legal.
Article 6 The food label shall be marked with the name of the food.
The name of the food shall indicate the true nature of the food and meet the following requirements:
(A) national standards, industry standards for the provisions of the name of the food, the national standard should be used, the name of the industry standard;
(2) Where national standards and industry standards do not stipulate food names, common names or common names that do not cause consumers to be misunderstood and confused shall be used;
(C) The name of the easily misleading food attributes such as "new name", "peculiar name", "transliteration name", "brand name", "regional slang name" or "trademark name" The name of the adjacent part of the name using the same font size of the article (a), (a) of the provisions of a name or classification (generic) name;
(4) The name of a food which consists of two or more kinds of food which are physically mixed and uniform in appearance and hard to be separated from each other, the name of which shall reflect the mixed nature of the food and the classification (generic) name;
(5) Food that uses animal or plant food as raw material and has been manufactured by a specific processing technique to imitate the characteristics of other organisms, organs, tissues, etc. shall be labeled "artificial", "imitation" or "prime" before the name "And other words, and marked the true nature of the food category (generic) name.
Article 7 Food labeling shall mark the place of origin of the food.
Food origin should be marked in accordance with the administrative divisions to the prefecture-level area.
Article VIII of the food labeling should be marked with the producer's name, address and contact information. The name and address of the producer shall be the name and address of the producer who is legally registered and capable of assuming the responsibility of product quality.
In any of the following cases, it shall be marked according to the following provisions:
(1) The company or its subsidiary that independently undertakes legal liabilities according to law shall mark its name and address;
(2) The company branch or the production base of the company that can not legally assume the legal responsibility independently shall mark the name and address of the company, branch or production base, or only the name and address of the company;
(3) If it is entrusted to produce processed foods and is not responsible for external sales, the name and address of the entrusted enterprise shall be marked; for the food under the management of the production license, if the entrusted enterprise has the food production license entrusted by it for processing, it shall mark the entrusted enterprise The name and address of the entrusted enterprise or the name and address of the entrusted enterprise only;
(4) The food and beverage shall be marked with the name and address of the distributor and indicate the type of food.
Article IX of food labeling should be clearly marked the date of production of food, shelf life, and in accordance with the relevant requirements of labeling requirements of storage conditions.
Ethanol content of more than 10% (including 10%) of beverage wine, vinegar, salt, solid sugar, can be exempt from labeling shelf life.
Date marking method should be consistent with the provisions of national standards or by "year, month, day" said.
Article 10 Quantitative packaging food labeling should be marked net content, and in accordance with the relevant provisions of the requirements of labeling specifications. On the solid, liquid two-phase material of food, in addition to net content, but also marked Drainage (solids) content.
The net content should be the same as the name of the food in the food packaging display layout. Net content of the mark should be consistent with the "quantitative measurement of packaged goods supervision and management approach" requirement.
Article 11 The food labeling shall indicate the ingredients or ingredients list of the food.
All ingredients in the ingredients list should be marked according to the descending order of adding amount during the production of processed foods. The specific annotation methods shall be implemented in accordance with the provisions of the national standards.
The direct use of sweeteners, preservatives and colorants in food shall be marked with the specific names under the list of food additives. For other food additives, the name, type or code may be marked. The scope and amount of food additives to be used should be in accordance with the provisions of national standards.
Specialized for infants and young children and other specific groups of primary and secondary food, the logo should also mark the main nutrients and their content.
Article 12 The food labeling shall be marked with the code of the product standard implemented by the enterprise.
Article XIII of the food implementation of the standard clearly marked the quality of food grade, processing technology, it should be marked accordingly.
Article XIV of the implementation of the production license management of food, food labeling should mark the food production license number and QS mark.
Entrusted production and processing of food production license management, commissioned by the enterprise commissioned by the processing of food production permits, can be commissioned by the commissioned business or commissioned by the production license number.
Article 15 Mixed non-edible products are likely to cause eating, improper use, easy to cause personal injury, should be marked on the logo warning signs or Chinese warning instructions.
Article 16 Where food is under any of the following circumstances, the Chinese language description shall be marked on its mark:
(A) medical clinically proved to be particularly harmful to special groups;
(B) After ionizing radiation or ionizing energy treatment;
(C) belongs to genetically modified foods or containing statutory genetically modified raw materials;
(D) in accordance with laws, regulations and national standards, etc., should be marked in other Chinese description.
Article 17 Foods marked with "nutrition" or "fortification" in their names or descriptions shall be labeled with the nutrients and calories of the food in accordance with the relevant provisions of the national standards and shall comply with the quantitative labeling as prescribed by the national standards.
Article 18 Food labeling shall not mark the following:
(A) express or imply that with the prevention, treatment of disease effect;
(B) non-health food expressly or implicitly has a health effect;
(3) Describing or introducing food in a deceptive or misleading manner;
(D) additional product description can not be confirmed on its basis;
(5) Words or designs that do not respect the national customs and have a discriminatory description;
(6) using the national flag, national emblem or RMB for annotation;
(Seven) other laws, regulations and standards prohibit the content of the label.
Article 19 Prohibit the following illegal food labeling:
(A) forged or false marked production date and shelf life;
(2) Forging the place of origin of the food, forging or fraudulent use of the name and address of other producer;
(3) forging, fraudulently using or changing the mark and serial number of the production license;
(D) other acts prohibited by laws and regulations.
Chapter III labeling of food labeling form
Article 20 Food labeling shall not be separated from the food or its packaging.
Article 21 The food labeling shall be directly marked on the smallest selling unit of food or its packaging.
Article 22 Where a packaging unit of a sales unit contains different varieties and multiple individually packaged foods, each separately labeled food label shall be marked in accordance with these Provisions.
If the packaging unit of the sales unit can not clearly identify all or part of the compulsory labeling contents of each individually wrapped food, it should be separately marked on the outer packaging of the sales unit, except that the outer packaging can be easily opened for identification; the product can be clearly identified All or part of the independent packaging of food mandatory labeling content, you can not repeat the labeling on the packaging content.
Article 23 The food labeling shall be clear and conspicuous. The background and background color of the labeling shall be in contrasting colors so that the consumer can easily identify and read it.
Article 24 The language used for food labeling shall be standardized Chinese except for the registered trademark.
Food labeling can use Hanyu Pinyin or minority language at the same time. Foreign languages can be used at the same time. However, there should be a corresponding relationship with Chinese. Foreign languages used should not be greater than corresponding Chinese, except for registered trademarks.
Article 25 When the maximum surface area of food or its package is more than 20 square centimeters, the height of the characters, symbols and numbers compulsory for marking in food labeling shall not be less than 1.8mm.
When the maximum surface area of a food or its package is less than 10 square centimeters, the logo may only indicate the name of the food, the name and address of the producer, the net content, the date of manufacture and the shelf life. However, the provisions of laws and administrative regulations should be noted in accordance with its provisions.
Chapter IV Legal Liability
Article 26 Violations of these Provisions constitute illegal acts stipulated in the laws and regulations of the "Food Safety Law of the People's Republic of China" and its implementing regulations, and shall be punished in accordance with the relevant laws and regulations.
Article 27 Whoever violates Article 6 to Article 8 and Article 11 to Article 13 of these Provisions and fails to mark the contents according to the provisions shall be ordered to make corrections within a prescribed time limit; Yuan fine.
Article 28 Whoever violates the provisions of Article 15 of these Provisions, fails to mark the warning signs or Chinese warning instructions in accordance with the provisions shall be punished in accordance with the provisions of Article 54 of the "Law of the People's Republic of China on Product Quality."
Article 29 Whoever violates Article 10 of these Provisions and fails to mark the net content according to the provisions shall be punished in accordance with the provisions of the Measures for the Supervision and Administration of the Measurement of Quantitatively-packaged Commodities.
Article 30 Whoever violates the provisions of Article 17 of these Provisions and fails to mark the food nutrients, calories and quantities marked according to the provisions shall be ordered to make corrections within a prescribed period of time; if it fails to make corrections within the prescribed time limit, a fine of up to 5,000 yuan shall be imposed.
Article 31 Anyone who violates the provisions of Article 18 of these Provisions shall be ordered to correct within a prescribed time limit; if it fails to do so within the prescribed time limit, a fine of up to 10,000 yuan shall be imposed; in violation of relevant laws and regulations, it shall be dealt with in accordance with relevant laws and regulations .
Article 32 Whoever forges or falsely labels the date of production and the expiry date of the food shall be ordered to make a correction within a time limit and be imposed a fine of not less than 500 yuan but not more than 10,000 yuan. If the circumstances are serious and the consequences are caused, the punishment shall be punished in accordance with relevant laws and administrative regulations.
Article 33 Whoever forges the place of production of food or forges or employs any name or address of another producer shall be punished according to the provisions of Article 53 of the "Law of the People's Republic of China on Product Quality".
Article 34 Whoever violates Article 20 of these Provisions shall be ordered to make corrections within a prescribed time limit and be fined a maximum of 5,000 yuan if the food label is separated from the food or its packaging.
Article 35 Those who violate the provisions of Article 21, Article 22, paragraph 2, Article 24 and Article 25 of these Provisions shall be ordered to make corrections within a prescribed time limit; if they fail to make corrections within a prescribed time limit, they shall be fined not more than 10,000 yuan .
Article 36 Anyone who violates the first paragraph of Article 22 in these Provisions shall be punished in accordance with the relevant provisions of this Chapter.
Article 37 Staff members engaged in the supervision and administration of food labeling shall be subject to administrative sanctions according to law if they neglect their duties, abuse their powers, and cover up their illegal acts. If a crime is constituted, they shall be investigated for criminal responsibility according to law.
Article 38 The administrative penalties stipulated in these Provisions shall be implemented by the local quality and technical supervision departments at or above the county level according to law within the scope of their functions and powers.
Where laws and administrative regulations otherwise stipulate administrative penalties, they shall be in accordance with their provisions.
Chapter V Supplementary Provisions
Article 39 The administration of import and export food labeling shall be implemented by the entry-exit inspection and quarantine authorities in accordance with the relevant provisions of the SAQSIQ.
Article 40 These provisions shall be interpreted by the SAQSIQ.
Article 41 These Provisions shall come into force on September 1, 2008. The former State Bureau of Technical Supervision announced the "investigation of food labeling violations" at the same time abolished