2016-07-18 16:04
Food and Drug Administration issued a "network food safety measures"
[straight news network Beijing on July 8 news] (food and Drug Administration Bureau) to investigate and punish network of food safety violations, strengthen network of food safety supervision and management, to ensure food safety, the State Food and Drug Administration formulated and promulgated the "network of food safety violations investigated approach" (hereinafter referred to as the "rules"). The "measures" will be implemented in October 1, 2016. Now the relevant issues are interpreted as follows:
First, why should develop "measures"?
With the rapid development of China's e-commerce economy, network food security and the people's daily life is increasingly close, more and more become the focus of food safety regulatory attention. First, the main body involved in the network of food business more and more. The same subject, while carrying out the line and online trading phenomenon is becoming more and more common, the trend is more and more obvious. Two is the legal relationship of network food business is relatively complex, involving information release, the third party platform, online and offline settlement, third party distribution, etc., the civil legal relationship is more complex. Three online food business is more difficult to operate. Due to the virtual nature of the network food business and cross regional characteristics, the administrative jurisdiction, the investigation of the case, the evidence fixed, punishment execution, consumer protection and other great challenges. In view of the above trends, the development of targeted and operational management approach is very necessary. Accordingly, according to "food safety law" and other laws and regulations, comply with the actual needs of the network food safety supervision work, the State Food and Drug Administration formulated the "measures". "Measures" including five chapters of Article 48, divided into general principles, network of food security obligations, network of food safety violations investigated management, legal liability and supplementary provisions.
Two, "measures" to adjust the scope of what?
Of the people's Republic of China domestic food trading network platform for third-party providers and through the third party platform or self built website for transaction of the food producers and business operators in violation of food safety laws, regulations, rules or standards for food safety behavior is investigated for this approach.
Three, the "measures" on the network of food production operators provides what the main obligation?
First, the obligation to obtain food production and business license. Network of food producers and business operators shall shall obtain permission from, the network of food producers should be according to the type of permission scope food sales, network operators of food should be engaged in food business in accordance with the operating permit the scope of the project. Two is the network food business process related obligations. The network of food producers and operators shall not engage in the following activities: food name, ingredient or list of ingredients, origin, shelf life, storage condition of 1 published online, producer name, address and other information and food labels or marks are not consistent; 2 online published non health food information, express or implied, with health care function; published online health food the certificate of registration or registration certificate information and registration or filing for inconsistent information; published online 3 infant formula milk powder product information express or implied puzzle, increase resistance and improve immunity, protect the intestinal function or health care function; 4 to have special requirements in storage, transportation, food and other aspects of the food, to be instructions and tips and other non food information published online. Three is publicity related information. Food producers and operators that trade through the third party platform shall publicize their food production and operation license on the main page of their business activities. Food production operators through the self built website should be in its website home page prominently publicity business license, food production and business license. Food service providers should also publicize their food and beverage service food safety supervision and quantitative classification management information. Relevant information should be clear picture, easy to identify. Network transactions in health care food, special medicinal formula, infant formula milk powder food producers and business operators, should also be according to law publicity product registration certificate or registration certificate, hold advertisement approval number shall also be publicity advertisement examination approval number, and links to the food and drug supervision and administration departments website corresponding data query page. Health food should also be marked "this product can not replace drugs". Four is a clear special medical purposes in the formulation of food specific to the full nutrition formula food shall not be carried out online transactions. Five is to clear the network food business process of storage, transport requirements. Food of the trade of the network, there are fresh, insulation, refrigerated or frozen and other special storage requirements, network of food producers and business operators should take to ensure food safety of storage and transportation measures, or entrusted with the appropriate storage and transport capacity of enterprise storage and distribution.
Four, "measures" on the network of food trading platform providers and the third party through the self built site of the food production operators to set what obligations?
First, the record obligations. Network food trading third party platform provider shall, within 30 working days after the approval of the communications authorities, to the seat of the provincial food and drug regulatory authorities for the record, the record number. Food production operators through self built website should be approved within 30 working days after the communications authorities approved, to the local city, county food and drug supervision and management department for the record, the record number. Two is to meet the requirements of the corresponding technical conditions. Network food trading third party platform providers and food production operators through self built websites should have data backup, fault recovery and other technical conditions. Three is to establish a food safety related system. Third party network of food trading platform providers shall establish network food production operators to review the registration, food safety inspection, food safety violations stop and report, serious illegal behavior platform services stop, food safety complaints handling system. Four is the network of food production operators Registration Review materials. Trading platform for third-party network providers food should be on the network of food production operators of food production and business license, network a producing enterprise of food additives in the production license and other materials are reviewed; food trading network platform for third-party providers should be on network edible agricultural student production business license, the network operator of food additives business license and network transaction edible agricultural products of personal identity card number and other information to register. Five is the duty of filing. Trading platform for third-party network providers food shall establish network of food production operators files to record information from the network operators of food production of the basic situation, food safety management personnel. Six is to record the preservation of food trading information. Trading platform for third-party network providers food and through self built website trading food producers and business operators shall record, save food trading information and save time shall not be less than six month after the expiration of the product quality; no clear shelf-life and storage time shall not be less than 2 years.
Five, "measures" to the food and drug administration at all levels of supervision and management of the division of responsibilities is how to divide?
State Food and drug administration is responsible for supervision and guidance of the national network of food safety violations investigated and dealt with. Local food and drug supervision and administration departments at or above the county level shall be responsible for the investigation and punishment of the illegal activities of food safety within the administrative area of this administrative region.
Six, the network of food safety violations of the jurisdiction of the principle of what is?
The "measures" clearly stipulates that the jurisdiction of food trading network platform for third-party provider of food safety violations investigated by the food network trading platform for third-party providers where at or above the county level in the local food and drug supervision and administration department.
Under the jurisdiction of the food trading network platform for third-party providers branches of food safety violations investigated and dealt with, by the food network trading platform for third-party providers where or branches where at or above the county level in the local food and drug supervision and administration department.
Network of food production operators of food safety violations investigated and dealt with, by the network of food producers and business operators is located or the production and operation places where at or above the county level in the local food and drug supervision and administration department; jurisdiction of food production license shall be obtained without obtaining permission violations investigated and dealt with, the network of food producers and business operators is located, actual production operating at or above the county level local food and drug supervision and Administration Department of the jurisdiction.
For food safety accidents or other serious consequences caused by food trading network can also be ruled by the drug supervision and administration departments of the local food or violations of result at or above the county level the network of food safety violations occurs.
Seven, food and drug regulatory authorities to investigate and deal with the illegal behavior of the network of food safety can exercise what authority?
Local food and drug supervision and administration departments at or above the county level shall exercise the following duties when investigating and dealing with the illegal activities of food safety in the network:
(a) into the network of the parties to implement on-site inspection of food products;
(two) sampling inspection of food products on the internet;
(three) ask the parties concerned to investigate the relevant circumstances of the behavior of the network of food trading;
(four) the parties to consult and copy the transaction data, contracts, bills, account books and other relevant information;
(five) technology to monitor and record data transfer in network transactions;
(six) other measures that can be taken by laws and regulations.
Eight, food and drug regulatory authorities how to carry out network food sampling inspection?
At or above the county level in the food and drug supervision and administration department through the network buy samples inspection, shall in accordance with the relevant provisions of the fill in single sampling, random samples of the name, type and number of records, purchase personnel's sample and payment account, the registered account, delivery address, contact information, and retain the relevant bill. Buy personnel should be on the network to buy packaging samples for inspection, of samples and backup samples were sealed, and take pictures or video and other means to record the shrink wrap process.
Test results do not meet the food safety standards, food and drug supervision and management departments should be in accordance with the relevant provisions of the timely test results notice by the sampling network of food producers and business operators. Network of food producers and business operators shall take to stop production and operation, the sequestration substandard food and other measures, control food safety risks.
Third party platform through the network to buy food products, should also be notified of the results of the network of food trading platform provider third party. Network food trading third party platform providers should be in accordance with the law to stop the sale of substandard food.
The network of food production operators contact is the third party network of food trading platform provider shall assist the notice. Network operators of food production can not be contacted, food trading network platform for third-party providers should stop providing food network trading platform service to its.
Nine, the "measures" provisions which need to be interviewed responsibility situation?
Network of food trading platform for third-party provider and network food production operators have one of the following circumstances, at or above the county level in the food and drug supervision and administration departments can of its legal representative or principal responsible person interviewed responsibility:
(a) the occurrence of food safety problems, may lead to the spread of food safety risk;
(two) there is no timely and proper handling of complaints of food safety issues, there may be a risk of food safety hazards;
(three) in time to take effective measures to eliminate the hidden dangers of food safety, the implementation of food safety responsibility;
(four) food and drug administration departments at or above the county level need to be considered for other circumstances responsibility interviews.
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