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General Administration of Quality Supervision, Inspection and Quarantine Decree of the General Administration of Quality Supervision, Inspection and Quarantine No.88 The Administrative Provisions on the Supervision of Food Hygiene at Entry-Exit Ports was discussed and adopted at the Executive Meeting
of the General Administration of Quality Supervision, Inspection and Quarantine on December 31, 2005. It is hereby promulgated and
shall enter into force as of the date of April 1, 2006. Director-General of the General Administration of Quality Supervision, Inspection and Quarantine Li Changjiang March 1, 2006 The Administrative Provisions on the Supervision of Food Hygiene at Entry-Exit Ports Chapter I General Provisions ArticleI These Provisions are formulated in accordance with the Frontier Health and Quarantine Law of the People's Republic of China and its Rules for Implementation, the Food Hygiene Law of the People's Republic of China and the provisions of relevant laws and regulations for the purposes of strengthening the administration of the supervision of food hygiene at entry-exit ports, of guaranteeing the safety of the entry-exit food, and of safeguarding the health of the general public.
ArticleII These Provisions are applicable to the hygiene supervision and administration for the food producing and dealing units at the entry-exit ports and the food producing and dealing units of the ports (hereinafter referred to as the food producing and dealing units) providing the entry-exit transportation facilities with the services of food and drinking water.
ArticleIII The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) shall be in charge of the administrative and supervisory work of food hygiene at entry-exit ports.The local entry-exit inspection and quarantine authorities (hereinafter referred to as the inspection and quarantine authorities) established by the AQSIQ shall be in charge of the administrative and supervisory work of food hygiene at entry-exit ports under their jurisdictions.
ArticleIV The inspection and quarantine authorities shall conduct an administration of health permit for the food producing and dealing units, exercising an administration of health permit for the employees dealing food and drinking water (hereinafter referred to as the employees) on the entry-exit transportation facilities within the entry-exit ports.The inspection and quarantine authorities shall exercise an administration of risk analysis and grading management for the hygiene supervision and administration of the food at entry-exit ports.
ArticleV The inspection and quarantine authorities shall exercise the hygiene supervision and administration for the entry-exit food in accordance with relevant national food hygiene standards, and may, in accordance with the relevant standards designated by the AQSIQ, exercise the hygiene supervision and administration for the items subject to no national standard.
Chapter II The Health Permit Administration of the Food Producing and Dealing Units ArticleVI The food producing and dealing units, when undertaking new facilities building, extension of the existing facilities and facilities rebuilding, shall receive the hygiene supervision from the local inspection and quarantine authorities.
ArticleVII The food producing and dealing units, when starting to engage in the production and dealing of entry-exit foods, shall apply to the local inspection and quarantine authorities for the issuing of Health Permit for Food Producing and Dealing Unit at Frontier Ports of the People's Republic of China (hereinafter referred to as the Health Permit).
ArticleVII The food producing and dealing units applying for the Health Permit shall meet the sanitary conditions as follows: 1. Having places of business, sanitary environment and sanitary installations and equipments suitable for the food producing and dealing activities; and 2. Having operational norms consistent with the hygienic safety requirements for food and beverage processing, and managerial system and accountability system guaranteeing the quality of the processed food and beverage; and 3. Having sound and well-established sanitary management organizations and systems; and 4. The employees shall have no infectious diseases that jeopardize the food hygienic safety; and 5. The employees shall be equipped with a general knowledge of food hygienic safety for their food producing and dealing works.
ArticleIX The food producing and dealing units, when applying for the Health Permit, shall submit to the inspection and quarantine authorities these documents as follows: 1. The application letter for the Health Permit; and 2. The duplicated copy of the Business License (resubmitted after acquired); and 3. Documents concerning their internal sanitary management organizations and systems; and 4. The Health Certificates of the employees and their certificates for hygienic knowledge training; and 5. The ichnographies of their places of business and their processing flow diagrams; and 6. The ingredients of their raw materials, documents concerning their production facilities, sanitary installations and depictions of their product packaging materials; and 7. The food producing units shall submit the hygienic inspection reports for their production water supply; and 8. The hygienic standards for their products, the identifications of their products, the hygienic inspection results for their products, and the control measures for safety and hygiene; and 9. Other documents that need to be submitted.
ArticleX The inspection and quarantine authorities shall, in accordance with the requirements, examine and verify the application documents to ensure whether the documents are complete or not and whether the documents accord with relevant provisions, then make decisions of "accepted" or "rejected" and issue written confirmations. With regard to those whose documents submitted are not complete or against relevant provisions, the inspection and quarantine authorities shall, on the locus in quo or within 5 days after the reception of these documents, inform the applicants to redress, otherwise, it shall be regarded as being accepted as of the date of the reception of these documents.The inspection and quarantine authorities, after accepting the applications of the food producing and dealing units, shall examine and verify the application documents, and conduct on-scene hygienic permit check and quantifying grading.The inspection and quarantine authorities shall, in accordance with the results of document examinations, on-scene checks and quantifying grading, make decisions of "approved" or "rejected" to the food producing and dealing units within 20 days as of the date of the acceptance (the time used for on-scene check shall be excluded, and it shall not exceed 1 month at most), and shall, within 10 days as of the date of decision, issue or send the Health Permit to the applicants.The term of validity for the Health Permit is of 1 year. The food producing and dealing units, when demanding an extension of the term of validity for the Health Permit, shall submit applications to the local inspection and quarantine authorities within 30 days before the expiration of the Health Permit.
ArticleXI Within the term of validity for the Health Permit, the food producing and dealing units, when undertaking the change of their business items, their legal persons, and their unit names, relocation of their producing facilities, new facilities building, extension of the existing facilities and facilities rebuilding, shall report to the inspection and quarantine authorities that issued their Health Permit.
ArticleXII The food producing and dealing units, when shutting down their businesses, shall go to the inspection and quarantine authorities that issued their Health Permit to go through the formalities of cancellation and hand in their Health Permit for cancellation.
ArticleXIII The food producing and dealing units, when supplying food and products for food to the food producing and dealing units of other places, may, upon the strength of the effective Health Permit, go to file with the inspection and quarantine authorities of the places concerned their activities.
Chapter III The Hygienic Administration of the Employees ArticleXIV The inspection and quarantine authorities shall exercise an administration of Health Certificate for the employees. The employees shall annually go to the medical and public health institutions authorized by the inspection and quarantine authorities for health examination; and the newly recruited employees and temporary employees shall undergo health examinations before they formally start their works.
ArticleXV The employees shall apply to the inspection and quarantine authorities for Health Certificate; and when applying for Health Certificate, the employees shall submit these documents as follows: 1. The application letters for Health Certificate; and 2. The effective certifications for their identities; and 3. The health examination reports issued by the medical and public health institutions authorized by the inspection and quarantine authorities.The inspection and quarantine authorities shall, in accordance with relevant regulations of the AQSIQ, examine the aforesaid documents, and issued Health Certificate to the qualified employees. The term of validity for the Health Certificate is of 1 year.Those who obtain the Health Certificate shall be qualified to engage in production and dealing of entry-exit foods.
ArticleXVI The inspection and quarantine authorities shall be responsible for supervising, guiding and assisting the trainings and examinations for the employees of the food producing and dealing units at the entry-exit ports concerned.The employees shall be equipped with a general knowledge of food hygiene and laws and regulations concerning foods.
ArticleXVII The inspection and quarantine authorities shall make chest cards, which contain the profiles of those who pass the health examinations and the hygienic knowledge training. And the employees shall wear these chest cards on work for examinations.
Chapter IV The Supervision and Administration of Food Hygiene ArticleXVIII The food producing and dealing units shall perfect their management systems for food hygiene, designate full-time or part-time management personnel for food hygiene and strengthen the inspection of their produced and dealt foods.
ArticleXIX The food producing and dealing units shall establish systems of inspection of merchandise purchases for approval. And when food and raw materials are procured, the inspection-passing certificates or certificates of analysis shall be requested, and the Health Permit shall be consulted.The units providing the entry-exit transportation facilities with foods shall establish systems of inspection of merchandise purchases for approval, and hygienic archives for the units selling foods and raw materials. The inspection and quarantine authorities shall regularly conduct selective examinations on the purchased foods and raw materials and screen their hygienic archives.The hygienic archives shall contain those documents as follows: 1. The Business License (duplicated copy); and 2. The Production License (duplicated copy); and 3. The Health Permit (duplicated copy); and 4. The users of imported raw materials shall provide their Health Permit for Imported Foods (duplicated copy); and 5. The supply contracts or agreements; and 6. The inspection-passing certificates or certificates of analysis for related batches; and 7. The inventories for the products and other required documents.
ArticleXX The inspection and quarantine authorities shall, in accordance with the requirements of laws, regulations, administrative provisions and hygienic standards, conduct supervision and inspection on the food producing and dealing units, and the supervision and inspection shall contain those items as follows: 1. The Health Permit, the Health Certificates of the employees and the hygienic knowledge trainings for the employees; and 2. The hygienic management organizations and systems; and 3. The environmental hygiene and personal hygiene, sanitary installations, the overall arrangements of equipments and the processing flows; and 4. The production, collection, purchase, processing, stockpiling, transportation, exhibiting, supply, sale etc. of foods; and 5. The sensory characteristics of the food raw materials, semi-finished products and finished products and the utilization and indexing of food additives; and 6. The inspections of food hygiene; and 7. On-scene inspections necessary sampling examinations of the hygienic quality of foods, dining and drinking facilities and containers containing ready-to-eat foods; and 8. The hygiene of the water supply; and 9. The utilization of detergents and disinfectants; and 10. The controlling of medical biological vectors.
ArticleXXI The inspection and quarantine authorities shall conduct daily hygienic supervisions on the food producing and dealing units, designating more than 2 hygienic supervisors of the ports to fill in, as required, the grading forms in accordance with the results of their on-scene inspections. And the grading forms shall, after checks for faults by those in charge of the supervised units or other relevant personnel, be co-signed by the hygienic supervisors of the ports and those in charge of the supervised units or other relevant personnel, and the revisions shall be signed or sealed by those in charge of the supervised units or other relevant personnel. In case that those in charge of the supervised units or other relevant personnel refuse to sign, the hygienic inspectors of the ports shall specify the reasons for their refusals on the grading forms.
ArticleXXII The inspection and quarantine authorities shall, in accordance with the relevant provisions for food hygiene inspection, collect samples and send them for examinations, and present their Sampling Warrants (please refer to Annex III) when collecting samples.
ArticleXXIII The food producing and dealing units engaged in supplying the entry-exit transportation facilities with food and drinking water, shall, before the providing of their services, report to the inspection and quarantine authorities; and they may provide their services only after the inspection and quarantine authorities' examinations of their registration records for supplied products, their inspection-passing certificates and inspection reports, and their other required documents.
ArticleXXIV The aviation food producing and dealing units shall enhance food hygiene and safety by means of pursuing actively the quality control and guarantee systems of GMP, HACCP, etc.
Chapter V Risk Analysis and Grading Management ArticleXXV The inspection and quarantine authorities shall, in accordance with the provisions in laws, administrative regulations and standards and referring to the results of on-scene inspections, exercise an administration of risk analysis and level-to-level management for the entry-exit foods.
ArticleXXVI The inspection and quarantine authorities shall mobilize technological forces to monitor the occurrence, epidemicity and distribution of the foodborne diseases at the ports, to forecast the epidemic tendencies of the foodborne diseases at the ports, and to advance prevention and control countermeasures for risk analyses.
ArticleXXVII The inspection and quarantine authorities shall exercise grading management on the food producing and dealing units of different types in accordance with the results of their health permit examinations and daily hygienic supervisions and inspections. 1. Those units whose results of both health permit examinations and daily hygienic supervisions and inspections are positive shall be graded as A-level units, on which the supervisions by the inspection and quarantine authorities shall be 1 time per month. 2. Those units whose results of either health permit examinations or daily hygienic supervisions and inspections are positive shall be graded as B-level units, on which the supervisions by the inspection and quarantine authorities shall be 2 times per month. 3. Those units whose results of both health permit examinations and daily hygienic supervisions and inspections are mediocre shall be graded as C-level units, on which the supervisions by the inspection and quarantine authorities shall be 4 times per month. 4. Those units whose results of health permit examinations are negative or whose results of health permit examinations are positive while whose results of daily hygienic supervisions and inspections are relatively negative shall be graded as D-level units, and the inspection and quarantine authorities shall issue no health permits to the D-level units or grant no extension of the term of validity for the health permits next year.
ArticleXXVIII The inspection and quarantine authorities shall exercise dynamic supervisory administration on the units of different grades in accordance with the results of risk analyses and daily supervisions, and make necessary readjustments of promotion or demotion 1 time per year (please refer to Annex IV).
ArticleXXIX The inspection and quarantine authorities shall, in accordance with the food early-warning notices released by the AQSIQ, timely adopt effective measures to prevent the supply of related foods to the entry-exit ports and entry-exit transportation facilities.
ArticleXXX In case that such accidents as food poisoning, food contamination, foodborne diseases etc. occur, the inspection and quarantine authorities shall initiate the Emergency Provisions for Dealing with Food Poisoning at Entry-exit Ports to conduct timely treatments and inform relevant authorities as required in the Provisions.
Chapter VI Penalties ArticleXXXI The inspection and quarantine authorities shall, in accordance with the relevant provisions in the Frontier Health and Quarantine Law of the People's Republic of China and its Rules for Implementation and other laws and regulations, conduct administrative penalties on the food producing and dealing units at the ports that have committed any of the following activities: 1. Undertaking food producing and dealing activities without the Health Permit or with the counterfeit Health Permit; and 2. Altering and lending the Health Permit; and 3. Allowing those employees without the Health Permit to start their works, or not removing those employees having infectious diseases jeopardizing food hygiene and safety; and 4. Refusing to accept the hygienic supervisions from the inspection and quarantine authorities; and 5. Other activities in violation of laws, regulations and relevant provisions.
ArticleXXXII The inspection and quarantine authorities shall, in accordance with the relevant provisions in the Frontier Health and Quarantine Law of the People's Republic of China and its Rules for Implementation and other laws and regulations, conduct administrative penalties on the employees that have committed any of the following activities: 1. Undertaking food producing and dealing activities without Health Certificate; and 2. Counterfeiting health examination reports; and 3. Other activities in violation of laws, regulations and relevant provisions.
ArticleXXXIII The employees of the inspection and quarantine authorities, who commit such activities as abusing their power, engaging in malpractice for personal gain or neglecting their duties, shall, according to circumstances, be given administrative sanctions or investigated for criminal responsibilities in accordance with laws.
Chapter VII Supplementary Provisions ArticleXXXIV The AQSIQ is responsible for the interpretation of these Provisions.
ArticleXXXV These Provisions shall enter into force as of the date of April 1, 2006. Annexes: Annex I Health Permit for Food Producing and Dealing Unit at Frontier Ports of the People's Republic of China Annex II Pattern of Chest Card for Employee Engaged in Food Industry at the Entry-exit Ports Annex III Sampling Warrant for Hygienic Supervision at the Entry-exit Ports Annex IV Notice Letter of Credit Standing of Food Producing and Dealing Unit at the Entry-exit Ports htm/e04799.htm
Annex I Health Permit for Food Producing and Dealing Unit at Frontier Ports of the People’s Republic of China
（Nota Bene: This pattern is a duplicated copy of the Permit, and the length and width of the formal is 40×34cm）
Annex II. Pattern of Chest Card for Employee Engaged in Food Industry at the Entry-exit Ports
Pattern and Size of the Chest Card Worn by the Employee
Specification of Chest Card: 2; words of “Health Certificate” and “Qualified in the Hygienic Knowledge Training” are in red, and words in the back are of Song Ti Small 5.
Sample: (Omitted) ( Nota Bene: The words in the chest card shall prevail if any conflict occurs between the words in the sample and those in the chest card.)
Annex III: Sampling Warrant for Hygienic Supervision at the Entry-exit Ports
This warrant is of two copies in duplicate, the first one is for the sampled unit, and the second one is for the inspection and quarantine authorities for record.
Annex IV: Notice Letter of Credit Standing of Food Producing and Dealing Unit at the Entry-exit Ports
: Doubtful about the result of assessment, your unit may, within 7 work days after receiving the Notice Letter, advance a written application for reassessment, otherwise, the current result shall prevail. Sign of Assessed Unit Inspection and Quarantine Authori ties (Office) (Seal)
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