(英译)佛山市食品生产加工小作坊集中管理办法

Order of the Foshan Municipal People’s Government

 

No. 2

 

Measures of Foshan City on the Centralized Management of Small Workshops of Food Production and Processing, as adopted at the Ninety-eighth Executive Meeting of the Fourteenth Foshan Municipal People’s Government on December 29, 2016, is hereby issued, and shall come into force as of May 1, 2017.

 

 

                           Mayor of Fosan City: Zhu Wei

                           January 12, 2017

 

 

 

 

 

 

 

 

 

Measures of Foshan City on the Centralized Management of Small Workshops of Food Production and Processing

 

Chapter I General Provisions

 

Article 1 The Measures are formulated in order to improve the food safety, regulate the centralized management of small workshops of food production and processing and protect public health and life safety in accordance with such laws and regulations as the Food Safety Law of the People’s Republic of China, Regulations of Guangdong Province on Food Safety and Regulations of Guangdong Province on the Management of Small Workshops of Food Production and Processing and Food Vendors as well as the actual situation of the City.

 

Article 2 The Measures are applicable to the production and operation of small workshops of food production and processing (hereinafter referred to as the “small food workshops”) and centralized processing centers for small workshops of food production and processing (hereinafter referred to as the “centralized food processing centers”) as well as to the supervision and management of the workshops and the centers within the administrative region of the City.

 

Article 3 The term“small food workshops”mentioned in the Measures refers to the producers and operators who, in accordance with relevant laws and regulations, engage in small-scale food production at fixed production sites with a small number of employees utilizing simple facilities and techniques below the national standards for the food production licenses, producing and processing traditional and specialty food, but neither engaging in on-site food production or sale nor providing catering services.

The term “centralized food processing centers” mentioned in the Measures refers to the enterprises set up in accordance with the unified planning of the people’s governments at the municipal and district levels, which provide places for a number of small food workshops to engage in food production and operation and concurrently implement unified services and management for such production and operation.

 

Article 4 People’s governments at the municipal and district levels shall exercise the centralized management over small food workshops within their respective administrative regions, and guide the workshops to enter the centralized food processing centers to engage in the production and operation activities in accordance with the governments’ unified planning.

Small food workshops shall engage in the production and operation activities by law, voluntarily abide by the food safety regulatory system, and cooperate with the centralized food processing centers in management so as to ensure food safety.

The centralized food processing centers shall engage in the operation and management activities by law, establish and improve the food safety regulatory system so as to guarantee food safety.

 

Article 5 People’s governments at the municipal and district levels shall lead, organize and coordinate in a unified manner the supervision and management of small food workshops and centralized food processing centers.

The food and drug supervision and administration departments at the municipal and district levels shall exercise their supervision and administration on the small food workshops and the centralized food processing centers within their respective administrative regions, and other relevant departments such as the health, environmental protection, industry and commerce and public security authorities shall be responsible for the work involving the small food workshops and the centralized food processing centers by law within their respective administrative regions in accordance with their functions and duties

People’s governments at the town level ([or] sub-district office) shall assist the food and drug supervision and administration departments to supervise and manage food safety of the small food workshops and the centralized food processing centers within their administrative regions.

 

Article 6 People’s governments at the municipal and district levels shall incorporate the centralized management of small food workshops into their food safety work plans and include the funds for centralized management of small food workshops into their budget.

People’s governments at the town level ([or] sub-district office) shall implement the management in accordance with the food safety work plan of the people’s governments at the municipal and district levels and secure the funds for the work concerned.

 

Article 7 People’s governments at the municipal, district and town levels and as well as the people’s government at the town level ([or] sub-district office) shall encourage and support small food workshops and the centralized food processing centers to improve the conditions of production and operation and raise the level of food safety through such measures as the rewards, funding support and concessions of venue rentals.

 

Article 8 Any organization or individual shall have the right to report food safety illegal acts in the production and operation of the small food workshops and the centralized food processing centers, and the food and drug supervision and administration departments shall reward the informant in the light of relevant reward measures after verifying the reported acts.

 

Article 9 The municipal and district food and drug supervision and administration departments shall organize to carry out the publicity and education activities of the Measures.

The news media shall report truthfully and impartially the food safety situation of the small food workshops and the centralized food processing centers so as to strengthen the supervision by public opinions on food safety illegal acts.

 

Article 10 The small food workshops and the centralized food processing centers are encouraged to join the food industry association, to accept such services as the training, consultation and rights protection provided by the association in accordance with relevant laws, regulations and articles of the association and to be subject to the supervision and regulation by the association.

 

Chapter II Planning and Construction of the Centralized Food Processing Centers

 

 

Article 11 The planning and construction of centralized food processing centres shall follow the principles of government guidance, enterprise investment and market-oriented operation.

 

Article 12 People’s governments at the municipal and district levels shall conduct the unified planning and rational distribution of the centralized food processing centers in the light of general requirements of industrial development and urban and rural planning and in accordance with such factors as residential population, geographical location and service radius, taking into account such factors as the number, size and distribution of small food workshops within their administrative regions.

 

Article 13 The centralized food processing centers shall not be established in the following areas:

 (1) Areas in which there are significant pollutions to the food;

 (2) Areas in which harmful wastes, dusts, harmful gases, radioactive substances and other sources of diffuse pollution cannot be removed effectively;

 (3) Areas prone to the flooding disasters;

 (4) Areas prone to potential pest infestation, and

 (5) Areas that are mainly environment sensitive, such as the areas for residence, medical and health care, culture and education, scientific research and are concentrated with industrial enterprises.

 

Article 14 The construction of centralized food processing centers shall meet the following requirements:

 (1) The overall environment shall be harmonious and beautiful, the materials used in the workshops construction in line with the hygienic requirements of food production and processing and the standards of fire prevention, and the internal structure of the buildings easy to maintain, clean and disinfect;

 (2) The roads shall be paved with concrete, asphalt or other non-toxic, odorless, impermeable and corrosion-resistant hard materials and the open space with cement, floor tiles or lawn. The ground shall be flat, slipping-resistant and fissure-free, which is easy to clean and disinfect;

(3) The water supply facilities shall be able to ensure that the quality, pressure, quantity and other elements of the water meet the production need and that the quality of water for food processing shall conform to the national hygienic standards for drinking water;

 (4) It shall be equipped with a drainage system, which is designed and constructed to ensure smooth water drainage, easy cleaning and maintenance with appropriate measures taken at its entrances and exits to reduce the risk of pest infestation.

 (5) It shall be equipped with a sewage discharge system to ensure the sewage and waste gas treated to meet relative national or local standards before discharge;

 (6) It shall be equipped with the facilities for cleaning and disinfection, storage of wastes, personal hygiene, ventilation, lighting, storage and temperature control, which shall conform to the general national hygiene standards for food production;

(7) It shall be equipped with an inspection laboratory, whose facilities shall meet the need of before-delivery factory inspection.

 

Article 15 The centralized food processing centers shall be rationally distributed, each of the functional areas such as the processing, warehouse, distribution and inspection zones within the production and work area shall be clearly divided, and effective separation or division measures shall be adopted. The living quarters shall be effectively separated from the production and work area to prevent cross-contamination between different areas.

The production workshops shall be designed in a transparent manner, and the centralized food processing centers are encouraged to install the video surveillance system and to use the information technology to monitor the production places in real time and conduct the whole-process monitor of the production process.

 

Chapter III Duties of Centralized Food Processing Centers

 

Article 16 A centralized food processing center shall specify its functions and responsibilities on food safety in terms of service for and management of the small food workshops based therein, including:

(1) A unified training system of food safety shall be established for the purpose of rendering regular trainings on food safety for staffs of small food workshops and the centralized food processing centre;

(2) A unified self-inspection system of food safety shall be established for the purpose of regularly checking and evaluating food safety of the centralized food processing centre to ensure that food production and operation of the small food workshops meet the requirements of food safety and guarantee a healthy, non-toxic and harmless environment for such production and operation;

(3) A unified review system of certificate registration shall be established for the purpose of reviewing the registration certificates of the small food workshops in the centralized food processing centers, and filing duplicate copies of the certificates in a collective manner;

(4) A unified health management system of production and processing staff shall be established for the purpose of regularly reviewing the validity of the health certificates of the production and processing staff that are directly exposed to the ready-to-eat food, and filing duplicate copies of such certificates in a collective manner;

(5) A unified system of purchase inspection shall be established for the purpose of conducting centralized inspection of raw and auxiliary materials purchased by the small food workshops, which shall not be put into use unless being found qualified through such inspection procedures;

(6) A unified factory inspection system shall be established for the purpose of inspecting the food produced and processed by the small food workshops before delivery, and relevant documents shall be kept accordingly;

(7) A unified management system of ledger shall be established for the purpose of sorting out and filing the goods stocked (raw and auxiliary materials) and the sales ledger of small food workshops in a centralized manner, and the documents and records concerned shall be kept for at least six months after the shelf life of the product, or not less than one year where there is no specified shelf life on the product;

(8) A unified traceability system of food safety shall be established for the purpose of collecting and retaining the production and processing information of the small food workshops by using such modern information means as the two-dimensional code for the food before delivery so as to ensure that the food is traceable;

(9) A uniform food recall system shall be established for the purpose of urging small food workshops to recall their food products that do not conform to the standards of food safety but have been put in the market for sale, which shall be processed and destroyed by the centralized food processing centre through bio-safety disposal procedures so as to prevent their re-entry into the market;

(10) A unified waste disposal system shall be established for the purpose of disposing the waste generated in the process of production and operation of the small food workshops in a unified manner, which shall not be back-flowed into any links of the food processing and operation.

A centralized food processing centers shall establish and implement the aforesaid service and management systems of food safety.

 

Article 17 The principal in charge of a centralized food processing centre shall be responsible for implementing the management system of food safety and coordinating the work of food safety within the centre.

A centralized food processing centre shall employ full-time personnel for the supervision and management of food safety, who shall be specifically responsible for food safety management of the centre.

A centralized food processing centre shall employ inspection staff that possesses the corresponding capability and is responsible for the inspection of the food produced by the small food workshops.

 

Article 18 A centralized food processing centre shall either be equipped with vehicles for product transportation that conform to the requirements of hygienic standard, or conduct standardized management of such vehicles used by the small food workshops. The vehicles shall be used for food transportation only and shall be cleaned and disinfected not less than once a day, and such cleaning and disinfection shall be recorded properly in the cleaning and disinfection records carried by the vehicles.

The containers and equipment for storing, loading and unloading the food shall be safe, toxic-free and clean.

 

Article 19 A centralized food processing center shall immediately stop providing a small food workshop with the production sites or other conditions and report to the food and drug supervision and administration department and cooperate with the latter in the investigation when it discovers any one of the following acts conducted by the workshop concerned:

 (1) The small food workshop engages in food production and operation without obtaining the Registered Certificate of Small Food Workshop or upon expiration, revocation or cancellation of its Certificate;

(2) The small food workshop produces the food beyond the scope of the variety specified in the Registered Certificate of Small Food Workshop;

(3) The small food workshop produces and processes the prohibited food;

(4) The small food workshop uses the raw materials, food additives and food-related products that do not meet the standards or requirements of food safety when producing food.

 

Article 20 Where a centralized food processing centre discovers that the conditions for the production and operation of a small food workshop have been changed and no longer conform to the requirements of food safety, it shall urge the small food workshop (concerned) to make correction within the prescribed time limit. Where there is any potential risk of causing an accident of food safety, it shall immediately urge the small food workshop to stop the activities of food production and business and promptly report to the food and drug supervision and administration department.

 

Article 21 Where a centralized food processing center discovers that the food produced and operated by a small food workshop does not conform to the standards of food safety, it shall urge the concerned small workshop to stop the production and operation in a timely manner, notify relevant producers, operators and consumers, and promptly report to the food and drug supervision and administration department.

 

Article 22 When a food safety accident occurs in a small food workshop, the centralized food processing center shall urge the concerned workshop with no delay to take such measures as sealing up the food and raw materials that may lead to the food safety accident, preventing expansion of the accident and cooperating with relevant departments in the investigation of the food safety accident.

 

Chapter IV Supervision and Management

 

Article 23 People’s governments at the municipal and district levels shall organize to formulate their annual supervision and administration plans on food safety and specific implementation plans oriented to small food workshops and centralized food processing centers, and the annual supervision and administration plans shall include the content of food sampling inspection.

 

Article 24 The food and drug supervision and administration department shall establish and improve the supervision and inspection system of small food workshops and centralized food processing centers, strengthen daily supervision and detect and investigate food safety illegal acts in a timely manner through patrols and spot checks.

 

Article 25 People’s government at the town level ([or] sub-district office) shall assist the food and drug supervision and administration department to strengthen the supervision and administration of small food workshops and food processing centers and specify information officers of food safety. Where it discovers any illegal act, it shall stop such act in a timely manner and inform the food and drug supervision and administration department and cooperate with the department in the disposition of the act.

 

Article 26 The food and drug supervision and administration department shall incorporate the small food workshops and the centralized food processing centers into the scope of rated risk management and shall rate the risk thereof as a top-level one and conduct on-site supervision and inspection for more than four times each year.

Where the food and drug supervision and administration department discovers that a small food workshop or a centralized food processing centre has committed illegal acts repeatedly or committed an illegal act of serious circumstances, it shall include the workshop or the centre concerned in a list of key supervision objects, increase the frequency of supervision and sampling inspection, and may order them to report regularly the management of food safety.

 

Article 27 The food and drug supervision and administration department shall conduct sampling inspections on the food produced by small food workshops for not less than twice each year. The scope of annual sampling inspection shall cover all food categories on the Registered Certificate of Small Food Workshop and focus on the sampling inspection of food which has received a large quantity of consumer complaints or has been reported with a large amount of consumption within the administrative region.

 

Article 28 The food and drug supervision and administration department shall establish a responsibility inquiry system on food safety. Where a small food workshop fails to take measures to eliminate hidden dangers to food safety in its production and operation in a timely manner, the food and drug supervision and administration department may conduct a responsibility inquiry with the legal representative or the principal of the small food workshop and those of the centralized food processing centre concerned. The small food workshop and the centralized food processing centre concerned shall take measures immediately to make correction and eliminate the hidden dangers.

 

Article 29 The food and drug supervision and administration department shall establish and improve the credit record system of centralized food processing centers. The credit record contents shall include such items as the certificate issuance, venue use, legal operation, the investigation and punishment of illegal acts, establishment and implementation of the management system of food safety. The department shall establish the file of credit on food safety.

 

Article 30 The food and drug supervision and administration department shall establish an information system of centralized management of small food workshops in the whole city, and timely publicize dynamic information on daily supervision and administration and the food safety information of small food workshops and centralized food processing centers as well as the credit record in the centralized food processing centers.

 

Article 31 The food and drug supervision and administration department shall provide free training on food safety to the persons in charge and the staff of small food workshops and centralized food processing centers and urge them to abide by the laws and regulations of food safety voluntarily.

 

Article 32 The centralized food processing centers are encouraged to organize and formulate industry consortium standards or association standards for those local specialty foods in case of no relevant national or local standard being available.

 

Chapter V Legal Liability

 

Article 33 Where the food and drug supervision and administration department fails to perform its statutory duties of supervision and administration, abuses its power, neglects its duty, or practices favoritism for personal gains, the people’s government at the corresponding or higher level shall order the department to make correction and circulate a notice for criticism, and the principal in charge and other staff directly responsible shall be imposed a disciplinary penalty accordingly where serious consequences are caused as a result, or be investigated for criminal liability by law where such an act constitutes a crime.

 

Article 34 Where a people’s government at the town level ([or] sub-district office) fails to perform its duties in accordance with the provisions of the Measures, the people’s government at the district or higher level shall order it to make correction and circulate a notice for criticism, and the principal in charge and other staff directly responsible shall be imposed a disciplinary penalty accordingly where serious consequences are caused as a result, or be investigated for criminal liability by law where such an act constitutes a crime..

 

Article 35 Where a centralized food processing center, in violation of Article 16 of the Measures, fails to establish and implement the service and management system of food safety, the food and drug supervision and administration department shall order the center to make correction within the prescribed time limit, and shall impose the centre a fine of not less than RMB 2,000 but not more than RMB 20,000 if it fails to do so within the time limit.

 

Article 36 Where a centralized food processing centre, in violation of Article 17 of the Measures, fails to employ a full-time personnel for the supervision and management of food safety and the inspection personnel with the corresponding capacity, the food and drug supervision and administration department shall order the centre to make correction within the prescribed period and shall impose the centre a fine of not less than RMB 2,000 but not more than RMB 20,000 if it fails to do so within the period.

 

Article 37 Where a centralized food processing centre knowingly knows that a small food workshop commits an act listed in Paragraph 1 and Paragraph 2 of Article 19 of the Measures but still provides it with production sites or other conditions, the food and drug supervision and administration department shall order the centre to stop such illegal act, confiscate illegal gains and impose it a fine of not less than RMB 1,000 but not more than RMB 5,000.

Where a centralized food processing centre knowingly knows that a small food workshop commits an act listed in Paragraphs 3 and 4 of Article 19 of the Measures but still provides it with the production sites or other conditions, the food and drug supervision and administration department shall order the centre to stop such illegal act, confiscate illegal gains and impose a fine of not less than RMB 10,000 but not more than RMB 100,000.

Where the legitimate rights and interests of consumers are infringed due to illegal acts listed in Paragraphs 1 and 2 of this Article, the centralized food processing center shall bear the joint and several liability with the small food workshop concerned.

 

Article 38 Where a centralized food processing centre, in violation of Article 22 of the Measures, fails to urge small food workshops to take sealing-up measures in a timely manner, the food and drug supervision and administration department shall impose the centre a fine of not less than RMB 20,000 but not more than RMB 20,000; and whoever hides, fabricates or destroys the evidence shall be imposed a fine of RMB 50,000.

 

Chapter VI Supplementary Provisions

 

Article 39 The Measures shall enter into force as of May 1^st, 2017.