Food Safety Law of the People’s Republic of China 
Issued by: The National People’s Congress  
Doc No.: President Order No.5 of the People’s Republic of China 
Issued on: February 28, 2009 Effective from: June 1, 2009 
President Order of the P eople’s Republic of China 
No.9 Food Safety Law of the People’s Republic  of China has been adopted at the 7
th Session of the 11th 
Standing Committee of the National People’s Congress of the People’s Republic of China on February 
28, 2009, and it is now issued and sha ll be effective as of June 1, 2009. 
President of the People’ s Republic of China 
Hu Jintao  February 28, 2009 
Food Safety Law of the People’s Republic of China 
(adopted at the 7th Session of the 11th Standing Committee of the National People’s Congress of the 
People’s Republic of China on February 28, 2009) 
Table of Content  Chapter 1. General Provisions  Chapter 2. Surveillance and Assess ment of Food Safety Risks  
Chapter 3. Food Safety Standards  Chapter 4. Food Production and Trade Chapter 5. Inspection and Testing of Food  
Chapter 6. Food Import and Export  Chapter 7. Response to Food Safety Incidents  Chapter 8. Supervision and Administration  Chapter 9. Legal Liabilities  Chapter 10. Supplementary Provisions  Food Safety Law of the Pe ople’s Republic of China  
Chapter 1: General Provisions 
Article 1  This Law is formulated to assure food safety, and safeguard people's health hand life.  
Article 2 Whenever the following activities are carried out in the territory of the People's Republic of 
China, this Law must be observed:  
1) Food production and processing (referred to as “Food Production” hereafter);  food distribution and 
catering service (referred to as “Food Trading” hereafter);  
2) Production and trading of food additives;  3) Production and trading of packing materials, vesse ls, detergents and disinfectants for food as well as 
utensils and equipment used in food production and trading (referred to as “Food-Related Products” 
hereafter);  
4) Food additives and food-related products  used by food producers and traders;  
5) Safety management of food, food additives and food-related products.  
The quality and safety management of primary agricul tural products for consumption (hereinafter 
referred to as “Edible Agricultur al Products”) shall be in accordance with the Quality and Safety of 
Agricultural Products Law. However, this Law must be observed in developing quality and safety 
standards for edible agricultural products and rel easing safety information on edible agricultural 
products.  
Article 3  Food producers and traders shall strictly follow relevant laws and regulations and food safety 
standards in their food business activities, be respon sible for the public, ensure the food safety, receive 
the supervision of the public and bear the social responsibility.  
Article 4 The State Council shall establish the Food Sa fety Committee, with the responsibilities 
determined by the State Council.  
The health authorities under the State Council is responsible for the overall coordination for food 
safety, and food safety assessment, development of  food safety standards, publishing of food 
safety information, development of  the certification conditions for qualification of the food inspection 
and testing agencies and the specification of in spection and testing,  and organization for 
investigation and treatment of the significant food safety accidents.  
The authorities for quality supervision, administr ation of industry and commerce and FDA under the 
State Council shall be responsible for supervisi on and management of the food production, food 
distribution and catering service respectively a ccording to the Law and the requirements of the 
State Council.  Article 5 Local people's governments at and above county level s hall take overall resp onsibility for, lead, 
organize and coordinate the supervi sion and management of food safety in  their jurisdiction; establish 
and hone food safety coordination mechanisms for t he inspection and management of food safety, take 
the leading and commanding role in dealing with f ood safety emergencies, develop a food safety 
accountability system, and review and evaluate the performance of food safety  regulatory agencies.  
The local People’s Government at  the county level or above shall define the responsibilities of the 
administrative departments for health, agriculture, quality super vision, industry and commerce and 
FDA for supervision and management of food safety, according to the Law and the requirements of the State Council. The relevant aut horities shall be in charge of the supervision and management of 
food safety in the respective jurisdiction.  
The subordinate administrative divisions set up below  a higher level people's government must be under 
the unified coordination of the lower level government  in carrying out their food safety inspection and 
management. 
Article 6  The administrative departments for health, ag riculture, quality supervision, industry and 
commerce and FDA at the county level or abov e shall strengthen communication and close 
cooperation, exercise the righ t and bear the responsibilities acco rding to the work division.  
Article 7  The related food industry asso ciations shall strengthen their self-discipline, and guide food 
producers and traders to conduct production and operat ion according to law, enhance the construction 
of the industrial credit, and publicize and disseminate the food safety knowledge.  
Article 8  Civil society and community groups are enc ouraged to conduct food safety educational 
activities on understanding of food safety, laws, regulations and standards, to advocate healthy diets and 
to raise consumer awareness of food safety and looking after their health. 
The media shall publicize food safety informati on, laws, regulations and standards and knowledge free 
of charge, and provide the supervi sion of public opinion regarding the act in violation of the Law.  
Article 9 The State encourages and supports basic and app lied food-related research, and encourages 
and supports food producers and traders to apply advanced technologies and good management 
practices in order to improve food safety. 
Article 10  Any organization or individual has the right to report and indict behavior in violation of the Law, 
to request information from relevant agencies, and to propose comments and suggestions on food 
safety inspection and management. Consumers also have the right to demand compensation according 
to law for any physical and property damage caus ed by consumption of food, food additives or 
food-related products. 
Chapter 2: Surveillance and Assessment of Food Safety Risks 
Article 11 A surveillance system for food safety shall be established natio nwide for surveillance over 
food-borne disease, food cont amination and other food-rela ted hazards to human health.  The health administrative departments of the State Council shall establish and implement plans for the 
surveillance of national food safety  in conjunction with other departm ents of the State Council. The 
health administrative departments of governments of provinces, autonomous regi ons and municipalities 
directly under the central government  shall establish and implement, a ccording to the national plans for 
food safety surveillance and taking in to consideration regional  particularities, the plans and schemes for 
the surveillance of food safety with in their respective jurisdictions. 
Article 12  The authorities for agriculture, quality supervi sion, administration of industry and commerce 
and FDA under the State Council shall, upon knowledge of any information on food safety risk, report 
to the relevant authorities under the State Council. The health authorities under the State Council, in conjunction with other relevant authorities, shall verify the information and timely adjust the food safety risk surveillance plan.  
Article 13  A mechanism to assess food sa fety risks shall be established na tionwide to assess risks of 
biological, chemical and physical haz ards in foods and food additives.   
The assessment of food safety risk shall be the responsibility of a food safety risk assessment 
committee composing experts in medi cine, agriculture, food, nutrition and other fields invited by the 
health authorities under the State Council.  
The assessment of food safety risk for pesticide, fe rtilizer, growth regulator, animal remedy, animal feed 
and feed additives, etc. shall be attended with the experts of the f ood safety risk assessment expert 
committee.  
The assessment of food safety risk shall be cond ucted by utilizing the scien tific methods, based on the 
information of food safety risk su rveillance, the scient ific data and other rele vant information.  
Article 14  The health authorities under the State Council,  upon discovering any possible safety problem 
through food safety risk surveillance or reporting of other parties, shall immediately organize 
inspection and assessment of food safety risk.  
Article 15  The authorities for agriculture, quality supervi sion, administration of industry and commerce 
and FDA under the State Council shall propose the suggestions on assessment of the food safety 
risk, and provide the relevant information.  
The health authorities under the State Council shall time ly report the results of the food safety risk 
assessment to the relevant aut horities under the State Council.  
Article 16  Food safety risk assessment re sults shall be the scientific basis for developing and modifying 
food safety standards, and overseeing and administering food safety. 
If the result of a food safety risk assessment proves food to be unsafe, the authorities for quality 
supervision, industry and commerce and FDA under t he State Council shall promptly take appropriate 
measures to ensure food producers or traders to suspend or cease trading of such food, and inform 
consumers to stop use according to their res pective duties and responsibilities; if necessary, 
immediately amend or develop any food safety standard. Article 17 The health authorities under the State Council s hall, in conjunction with relevant State 
Council departments, conduct comprehens ive analyses of the food safety  situation according to the 
result of food safety risk assessments and food sa fety supervision and adminis tration information and 
draw attention to food safety  risks in high risk food.  
Chapter 3: Food Safety Standards 
Article 18  The food safety standards shall be intended to  safeguard the health of the public, to be 
scientific, reasonable, safe and reliable.  
Article 19  Food safety standards are mandatory. Except  for the food safety standards, no other 
mandatory standards for food shall be developed. 
Article 20  The food safety standards shall specify: 
1) The limits to the content or  concentration of pathogenic micr o organisms, pesticide residues, 
veterinary medicine residue, heavy metals, contam inants, and other subs tances that may be 
hazardous to human health in food; 
2) The type, scope of application and dose of allowed food additives;  
3) The nutritional ingredients requirements for st aple and supplementary food exclusively for babies 
and other specific populations;  
4) The requirements for labels, i dentification and instructi ons relevant to food safety and nutrition;  
5) The health requirements for food production and trading processes;  6) The quality requirements related to food safety;  7) The methods and procedures fo r food inspection and testing; and 
8) Other particulars necessary for developing food safety standards. 
Article 21  The State Council authorized heath administrative departmen t shall be responsible for 
developing and publicizing the national food safety  standards; and the standardization authorities under 
the State Council shall provide the national standard number.  
The limit of pesticide residue and animal remedy residue in foods, and the inspection methods and 
procedures shall be developed by the health and agri cultural authorities under the State Council. 
The inspection procedures for sl aughtering livestock and poultry sha ll be developed by the competent 
authorities under the State Council in conjunction wi th the health authorities under the State Council. 
The relevant national product standards, if involving the national food safety standard, shall be 
consistent with the national food safety standard. Article 22  The health authorities under the State Counc il shall integrate the compulsory standards 
in the applicable edible agricultural product qual ity and safety standards, food hygiene standards, 
food quality standards and relevant industrial standards related to foods, and issue a unified 
national food safety standard.  
Before issuance of the national f ood safety standards specified in  the Law, the food producers and 
traders shall produce or trade foods according to the applicable edible agricultural product quality 
and safety standards, food hygiene standards, f ood quality standards and relevant industrial 
standards related to foods.  
Article 23  The national food safety standards shall be reviewed and approved by the committee for 
evaluating national food safety standar ds comprising experts in medicine,  agriculture, food, nutrition and 
other fields and the representatives from the health authorities unde r the State Council. 
National food safety standards shall be developed bas ed on the results of food safety risk assessments 
and full consideration of the results of quality and safe ty risk assessments of edible agricultural products, 
as well as the relevant international standards and inte rnational food safety risk  assessment results. Due 
consideration shall also be given to a broad range of opinions of food producers and traders. 
Article 24  When there is no national food safety standard in any aspect, the local food safety 
standard may be developed.  
The health administrative departments of provin ces, autonomous regions and municipalities directly 
under the central government shall develop local food sa fety standards with reference to articles in this 
Law relating to development of national food safety standards, and report to the health authorities under 
the State Council respon sible for recording. 
Article 25  When there is no national or local food safety standard for the food pr oduced by a 
company, the company may develop the company standar d as the basis for the production. The State 
encourages food producers and traders to develop in- house standards more stri ngent than the national 
or local food safety standards. The enterprise standard shall be reported to the provincial level health 
administration department for filing, and be applicable in the enterprise.  
Article 26  The food safety standards shall be provided for the free reference of the public.  
Chapter 4: Food Production and Trade 
Article 27 Any food production or trading ac tivities shall meet the food sa fety standard and be subject to 
the following conditions: 
1) Having appropriate facilities for raw materi al treatment and food pack aging and storage that are 
sufficient for the vari ety and quantity of  food to be produced or traded, keeping the facilities clean 
and making sure that appropriate distance has been mainta ined between such facilities and toxic or 
hazardous locations and/or other contam ination or contam inating sources. 
2) Having appropriate pr oduction or trading equipment  and facilities that are su fficient for the variety and quantity of food to be produced or traded, and having appropriate equipment and facilities for 
disinfection, gowning, washing, lighting, ventilation, anticorrosion, dust-proofing, fly-proofing and rat/pest-proofing and drainage of wa stewater and other wastes. 
3) Having food safety technical professional s, management personnel and the rules and systems to 
ensure the food safety; 
4) Having the reasonable equipment and facility layout and operation procedures, to avoid cross 
contamination between the food to  be produced and the food for dire ct consumption, raw materials 
and finished products, and t he food contacting the to xic or dirty matters; 
5) Washing and sterilizing the tableware and container s of foods for direct consumption before use, 
and washing and keeping clean after use ； 
6) Using the safe and harmless container, tool  and equipment for storage, transport and 
loading/unloading of foods, keepi ng them clean to avoid food c ontamination, and meeting the 
special requirements on temperature and others r equired for food safety, and not transporting the 
food with toxic or harmful goods ； 
7) Using the small package or nontoxic and clean pa ckaging materials and tableware for the foods for 
direct consumption ； 
8) Causing the personnel to maintain the per sonal hygiene, wash hand and put on the clean clothing 
and cap during work; and using the sterile and cl ean vending tools for the foods for direct 
consumption without package ； 
9) Using water according to the national living water hygiene standard ； 
10) Using the detergents and disinfec tors safe and harmless to human body ； 
11) Conforming to other requirement s set forth in laws and regulations. 
Article 28  Production and trading of the following foods are prohibited ： 
1) Food made with non-food raw material or adding non-edible chemicals or ot her substances possibly 
hazardous to human health to food, or produci ng food with recovered food as raw materials; 
2) Food which exceed food safety standard limits in content or concent ration of pathogenic 
microorganisms, pesticide residues, animal medici ne residues, heavy metals, contaminants, and other substances that  in food may be hazardous to human health; 
3) Staple and supplementary food excl usively for babies or other spec ific population, the nutritional 
ingredients of which fail to meet food safety standards; 
4) Food which is rotten or spoilt, or has rancid fat, m ildew or insects, or is contaminated or dirty, or 
contains foreign material or displays  any other organoleptic irregularity; 
5) Meat or products of any bi rd, livestock, beast, or waterbor ne animal which has been killed by 
disease, poison or an y unidentified cause,; 
6) Meat or meat products which have not been quaran tined or inspected by animal health supervision 
authorities or fail to pass such quarantine or inspection; 
7) Food contaminated by packaging materi als, containers or transportation means; 
8) Food exceeding the shelf life ； 
9) Pre-packaged products without labels;  
10) Food expressly prohibited by the State from  production and trading for disease prevention and 
control purposes; 
11) Other food failing to meet food safety standards or requirements. 
Article 29  The State implements a licensing system for food production and trading. Any organization or 
individual shall obtain the food pr oduction license, food distribution license or catering service license 
before starting the food pr oduction, food distribution or catering service.  
The food producer having the food production licens e is not required to obtain the food distribution 
license when selling foods produced by itself at its production premises; the catering service 
provider having the catering service license is not required to obtain the food production/distribution 
license when selling foods produced by itself at its service premises, an d the farmer when selling 
the self produced edible agricultural products is not  required to obtain the food distribution license.  
Small food workshops and food vendors shall conduc t the food related activities according to the 
food safety requirements corresponding to their production/trading scale and conditions in the Law, and ensure the foods at the sites are clean, nontoxic  and harmless. The relevant authorities shall 
strengthen the supervision and management, with the specific management  measures developed 
by the standing committee of the People’s Cong ress of the provinces, autonomous regions and 
municipalities directly under the control of the Central Government according to the Law.   
Article 30 The local People’s Governments at the county level or above shall encourage the small 
food workshops to improve the pr oduction conditions, and encourage the food vendors to go for 
operations in the centralized market, t he shops and other fixed marketplaces.  Article 31  The administrative departments for health, ag riculture, quality supervision, industry and 
commerce and FDA at the county level or above shall review materials submitted by the applicants 
according to Article 27.1 – 4 herein and Administrati ve License Law of The P eople's Republic of China, 
and check the places of production and/or trading of the applicants if  necessary. Any applicant that 
meets the conditions shall be granted a permit and i ssued a license for food prod uction, distribution or 
provision of catering services; and any applicant failing to meet the li censing conditions will be rejected 
and given a written expla nation of the reasons. 。 
Article 32   Food producers and traders shall establis h the food safety management system, 
strengthen the training of the employees on food safety  knowledge, assign the full-time or part-time food 
safety management personnel, prope rly conduct inspection of the f oods for operation and conduct the 
food production and trading according to law.  
Article 33  Food producers shall conform to  good manufacturing practices.  The State encourages food 
producers to implement the Hazard Analysis and Critical Control Poin t System to improve food safety 
management. 
For those food enterprises passing the certific ation of GMP and HACCP,  the certification 
institutions shall conduct the follow-up investigat ion according to law; and for those failing to 
conform to the certification requirem ents, cancel the certific ate according to law, timely report to the 
authorities of quality supervision,  administration of industry and commerce and FDA, and notify the 
public. The certification institution shall not c harge any fee for the follow-up investigation.  
Article 34  Producers and traders of food shall est ablish and implement an employee health 
management system. No person who has a digestive tr act infection including dysentery, typhus, viral 
hepatitis A, and active pul monary tuberculosis, purulent or weeping skin diseases that adversely affect 
food safety shall work in direct contact with food for consumption. 
The personnel for food production and operations shall have the physical examination every year, 
and shall be allowed to work after obtaining the health certificate.  
Article 35  The edible agricultural product producer s hall use the pesticide, fertilizer, growth 
regulator, animal remedy, animal feed, animal feed additives and others according to the food 
safety standard and the relevant national require ments. The manufacturer and farmer cooperative 
organization for edible agricultural products sha ll establish the edible agricultural product record 
system.  
The agricultural authorities at  or above the county level sha ll strengthen the management and guidance 
of the use of the agricultural i nputs, and establish and improve the sa fety use system of agricultural 
inputs. 
Article 36  The food producer shall check the license an d compliance certificate of the suppliers 
when purchasing the food raw material, food additive s, and food-related products. For the food raw 
material without the compliance ce rtificate, the test shall be conduc ted according to the food safety 
standard. Any food raw material, food additives, and f ood-related products that do not meet food safety standards shall not be purchased or used. 
Food producers shall establish the incoming product verification systems for food raw material, food 
additives, and food-related products, correctly recordi ng such information as t he name, spec ification, 
quantity, supplier name and contact information, and purchase date of  the food raw material, food 
additives, and food-related products. 
The verification records for food raw material, f ood additives, and food-relat ed products shall not be 
altered or forged, and shall be maintained for at least two years. 
Article 37 Food producers shall establish and maintain records of outgoing f ood inspections, check 
inspection certificates a nd the safety condition of outgoing food. They shall correctly record such 
information as the name, specification, quantit y, production date, batch nu mber, inspection certificate 
number, purchaser name and contact information, and sale date.  
Outgoing food inspection records shall not be altered or forged, and shall be maintained for at least two 
years. 
Article 38  The producer of food raw material, food additi ves, and food-related products shall inspect 
the food raw material, food additives, and food-relat ed products produced according to the food safety 
standard, and allow release of the products  only after the successful inspection. 
Article 39  The food trader shall check the license and co mpliance certificate of  the suppliers when 
purchasing the foods. 
Food traders shall establish and maintain incoming food inspection records and correctly record such 
information as the name, specific ation, quantity, production date, bat ch number, shelf life, supplier name 
and contact informati on, and purchase date. 
Incoming food inspection records shall not be altered or  forged, and shall be maintained for at least two 
years 
For the food traders with the centralized distri bution, the headquarters may centrally check the 
license and compliance certificate of the suppliers, and maintain the incoming product verification 
record.  
Article 40  Food traders shall store food in accordance with food safety assurance requirements, and 
regularly check food in storage and prom ptly remove spoilt or outdated food. 
Article 41  Food traders shall, when storing food in bulk, indicate such informat ion as the food product 
name, production date, shelf lif e, and producer name and storage place contact in formation.  
Food traders shall, when selling bulk food, indicate on the container and exter nal package thereof the 
food product name, production date, shelf life, producer name and cont act information, and trader name 
and contact information. Article 42  Pre-packaged food shall be provided with a label on its package, indicating:  
1) The name, specific ation, net content and date of production; 
2) Ingredients or formulation;  3) Producer name, address and contact information;  4) Shelf life;  5) Product standard(s) code;  6) Storage conditions;  7) Generic name of the food additive s used in the national standard;  
8) Food Production License Number; and  9) Other information to be indicated in accordance with applicable legislation,  regulation and national 
food safety standards.  
The labels on staple and supplementary food exclusively for babies and other spec ific populations shall 
indicate the main nutritional ingredients and their contents. 
Article 43 The State implements a licensing system for pr oduction of food additives.  The conditions and 
application procedures for food additive production licenses shall be subj ect to the relevant 
administrative regulations gov erning licenses for the prod uction of industrial product 
Article 44  Any organization or individual applying to produce new types of f oods, food additives and/or 
food-related products with new food materials shall submit the safety assessm ent materials of the new 
products to the health authorities under the State Council. The safety assessment materials shall be 
reviewed within sixty (60) days of application. If the food safety r equirements are met, a license shall be 
granted and a public announc ement made. If the applicat ion is rejected a writt en response will be given 
explaining the reasons why the food sa fety requirements were not met.  
Article 45  Any food additive can be listed into the scope permitted for use only after it is 
technically required and proven to be safe and reliable through the risk assessment. The health 
authorities under the State Council s hall, according to the technical necessity and the results of the 
food safety assessment results, timely revise the standard for the types, scope of use and dosage 
of food additives.  
Article 46  The food producer shall use the food addi tives according to the types, scope of use 
and dosage of food additives in the food safety  standard; and shall not use any chemical 
substances other than the food ad ditives or other substances likel y hazardous to human health in 
producing foods.  Article 47  Food additives must be provided with a label , instructions and packagi ng. The instructions 
shall include the information required in Article 42.1.1~6, 8 and 9, and the scope of use, dosage and 
application of the food additive, with the wo rds “Food Additive” indicated on the label. 
Article 48  Labels, instructions and packaging for food and food additives shall not contain false or 
exaggerated information. They shall not make st atements concerning the function of the food in 
preventing, treating or diagnosing any disease. Food producers  shall undertake legal liability for 
declarations on the label, in structions and packaging. 
Labels and instructions for food and food additi ves shall be made clear and conspicuous. 
Any food inconsistent with the label information, instructions sha ll not be released on the market for sale. 
Article 49  Food traders shall sell the pre-packaged foods according to the warning mark, warning 
notes or precautions on the food label.  
Article 50  Food producers shall not add any medicine to food, unless the added substance is 
conventionally deemed both food and traditional Chi nese medicine. The catal ogue of the substances 
conventionally deemed both food and Chinese traditi onal medicine shall be developed and publicized by 
the health authorities under the State Council. 
Article 51  The State execute the strict control of the food with the claim for specific healthcare 
functions. The relevant regulatory authorities sha ll execute the duty and assume the responsibility 
according to law. The State Council shall develop the specific management measures.  
The food with the claim for specific healthcare func tions shall not cause acut e, sub-acute or chronic 
hazard to human body, and its label and instructions shall not state the functions for prevention or 
treatment of diseases, include the true and correction introduction, and indicate clearly the suitable 
and unsuitable population, effective ingredients or representative ingredients and the content; and the function and ingredients sha ll be consistent with those in the label and instructions.  
Article 52  Central trading market operators, stall leaser s, and organizers of trade fairs shall review the 
license of the admitted food traders for food distribution and catering service; specify the admitted food 
traders food safety management re sponsibilities; regularly inspec t the operating environment and 
conditions of the admitted food traders. Immediately upon detection of any activity  in breach of this Law, 
they shall prevent any trading of related food and pr omptly report the incident to the local administration 
of industry and commerce and FD A at the county level.  
Any food safety incident caused by an y food traded in such marketplaces , not fulfilling the obligations in 
the above paragraph, will result in joint and several liab ilities of such operators of central trading markets, 
stall leasers, and organizers of trade fairs.  
Article 53  A food callback system shall be established in China. Where a food producer detects 
production of any food not meeting the food safety standard, the food pr oducer shall immediately stop 
production, call back products released to the market, notify relevant producers and traders and 
consumers, and record all callbacks. Where finding out the trade of any unsafe food, t he food trader shall immedi ately stop trading, notify 
relevant producers and traders to cease production and trade of such food, notify consumers to cease 
consumption of such food, and reco rd all notifications. Any food that  the producer deems necessary for 
callback shall be immediately called back.  
Food producers shall remedy, or destroy or render harmless the recalled food, and report the callback 
and treatment to the quality supervision authorities at or  above the county level.  
When any food producer/trader fails to call back or stop operation of the food not meeting the food 
safety standard as required in the Article, the au thorities of quality superv ision, administration of 
industry and commerce and FDA at or above the county level may order it to call back or stop operation.  
Article 54  Food advertisements shall prov ide truthful information and s hall not include any false or 
exaggerated information or any statement of func tions for treating or diagnosing any disease. 
The food safety regulatory authorities or the inst itutions for food inspection and testing, food 
industry association or customer association shall not recommend foods to customers through advertising or other forms.  
Article 55  The civil society or other organizations or individuals, when recommending foods to 
customers in the false advertising, causing damage to the lawful rights and interests to customers, 
shall bear joint and seve ral liabilities with the food producer/trader.  
Article 56  Local people’s governments at all levels shal l take actions to encourage the mass production 
and chain operation and di stribution of foods.  
Chapter 5: Inspection and Testing of Food 
Article 57  Food inspection and testing agencies accredit ed and/or recognized according to relevant 
requirements of certification and accreditation in China may perform food inspection or testing, unless 
this Law or other laws otherwise provide. 
The conditions that qualify such agenc ies for food inspection and testing as well as inspection and test 
specifications shall be dev eloped by health authorities under the State Council. 
Food inspection and testing agencie s which have been accredited and/or  recognized by the State 
Council competent department befo re the implementation of this  Law may continue to perform 
inspection and/or testing of food in accordance with this Law. 
Article 58  Food inspection and testing shall be indep endently conducted by  food inspector(s) 
designated by the ins pection and testing agency . 
The inspectors shall ins pect and test food in accordance with the applicable legislation,  regulations, food 
safety standards and inspection specif ications. The inspectors shall act scientifically and conform to 
professional ethics, and assure objective and fair inspection data and conclu sions, and shall not issue any false inspection report.  
Article 59 Food inspection agencies and inspec tors shall be responsible fo r food inspection and testing. 
The food inspection report shall bear the official seal  of the food inspection agency and the signature or 
seal of the inspector. The food inspection agency and ins pector shall be held responsible and liable for 
the food inspection report issued. 
Article 60  The food safety regulatory authorities shall not permit inspection exemption for food 
products.  
The authorities for quality supervisi on, administration of industry an d commerce and FDA at the county 
level or above shall conduct the sampling inspection at fixed or unfixed interv als, without charging any 
cost or expenses for inspection.  
The authorities or quality supervisi on, administration of industry and commerce and FDA at the county 
level or above shall, during the oversight and adminis trative activities, have t he inspection and/or testing 
of food done by inspection and test in stitutions accredited and/or recogn ized as aforesaid at the cost of 
respective departments if such ins pection or test is required. In the case of any disputed inspection or 
test result, the re-inspection and re-testi ng shall be conducted according to law. 
Article 61  Any food producer or trader  may inspect or test the f oods produced by itself, or engage 
inspection and testing agencies for in spection and testing conforming to the requirements of this Law.    
Where any trade association or food consumer en gages inspection and testing agencies for inspection 
and testing, such agencies shall confor m to the requirements of this Law. 
Chapter 6: Food Import and Export 
Article 62  Imported food, food additives and food-related pr oducts shall comply with China’s national 
food safety standards. 
Imported food shall be ins pected and approved by the exit-entry inspection and quarantine authority. 
Customs shall only allow products with an exit-ent ry inspection and quaranti ne authority inspection 
certificates to be imported. 
Article 63  In respect of new types of food additives and/ or food-related products imported for the first 
time, or food imported for the first time which are not covered by existing national food safety standards, 
the importer thereof shall submit an application for import accompanied by relevant safety assessment 
materials to the health authorities under the State C ouncil. The health authorities under the State Council 
shall decide whether to approve or reject such applic ations at its discretion,  and develop the relevant 
national food safety standard timely.  
Article 64  Where any food safety incident that occurs out side China may impact within China, or any 
imported food is detected with a serious food safety problem, the national exit-ent ry inspection and 
quarantine authorities shall promptly take action to alert risk and notify administrative departments for 
health, agriculture, industry and commerce and FDA under  the State Council. The notified departments shall promptly take appropriate action. 
Article 65  Exporters or agents exporting food to China shall file a record with the national authorities for 
exit-entry inspection and quar antine in China. Overseas  food producers exporting food to China shall 
apply for registration with the nat ional authorities for exit-entry inspection and quarantine in China. 
The national exit-entry in spection and quarantine authorities shall regul arly release the list of exporters 
and agents and registered ov erseas food producers. 
Article 66  Imported pre-packaged food shall be provided with  Chinese labels and Ch inese instructions. 
Such labels and instructions shall conform to this  Law and other applicable Chinese legislation and 
regulations and national food safety standards. Labels and instructions s hall indicate the food place of 
origin and the domestic agent’s name, address and contact information. Pre-packaged food without 
Chinese labels or Chinese instruct ions or whose labels and instructions  fail to meet requirements shall 
not be imported.   
Article 67  Food importers shall establish and maintain im port and sales records, co rrectly record such 
information as the product name, specification, quantity, producti on date, production or import batch 
number, shelf life, exporter name and contact informat ion, purchaser name and c ontact information, and 
delivery date.  
The food import and sales records shall not be true and  correct, and shall be maintained for at least two 
years. 
Article 68  Food to be exported shall be super vised and tested by sampling by the authority for exit-entry 
inspection and quarantine. Customs s hall only allow products with the inspection certificate issued by 
the authority for exit-entry inspec tion and quarantine to be exported.  
Producers of exported food, plantat ions and breeding farms for food raw material for exported food shall 
file a record with the national authorities  for exit-entry inspection and quarantine.  
Article 69  The national authorities for exit-entry in spection and quarantine shall collect and summarize 
information on the safety of imported and exported f ood and notify the same to all relevant departments, 
institutions and enterprises.  
The national authorities for exit-e ntry inspection and quarantine s hall establish and publicize good and 
bad records, as the case may be, of importers, ex porters, and producers of exported food. Importers, 
exporters, or producers of exported food with bad re cords shall be subject to more stringent inspection 
and quarantine of imported or exported food.  
Chapter 7: Prevention of and Response to Food Safety Incidents 
Article 70  The State Council shall make emergency pl ans for national food safety incidents.  
Governments at the county level or above shall make emergency response plans for food safety 
incidents within their respective jurisdictions based on t he particulars of the locality and the superior government’s emergency res ponse plans and shall submit their pl ans to their superior government 
agency to record 
Food producers and traders shall make individual f ood safety incidents response plans. They shall 
regularly inspect the implementation of food safety measures to prom ptly avoid potential food safety 
incidents. 
Article 71  The organization where a food safety incident has occurred, shall promptly take effective 
actions to control the extent of the incident. The incident shall be r eported immediately to local health 
authorities in the county leve l where the incident happened. 
The administration for agriculture, quality supervision, industry and commerce and FDA shall, upon 
discovering any food safety accid ent, or receiving reporting of the accident, report to the health 
authorities.  
Upon occurrence of the significant food safety a ccident, the health authorities of the county level 
receiving the report shall report to the People’s Government of the same level and the health authorities of the higher People’s Government  according to the requirements. The People’s 
Government of the county level and the health author ities of the higher People’s Government shall 
report to higher management according to the requirements. 
Any organization or individual shall not conceal,  lie, delay, or intentionally destroy the scene or 
evidence of any food safety accident.  
Article 72  The health authorities at or above the county level receiving the report of food safety 
accident shall immediately conduct investigation an d take the following measures, together with the 
relevant administration for agriculture, quality supervision, industry and commerce and FDA, to 
avoid or mitigate the hazard to the public ： 
1) Make the emergent rescue, and provide first ai d and treatment to the in jured persons from the 
accident ； 
2) Seal up the foods and raw materials likely to cause food safety accident, and conduct the 
inspection immediately; for the confirmed co ntaminated foods and raw materials, order the 
producer/trader to call back, suspend operations or destroy the products according to Article 53 
of the Law ； 
3) Seal up the contaminated food tools and devices, and order for cleaning and sterilization ； 
4) Properly conduct the news release, to discl ose the food safety accident and treatment, and 
explain and clarify the condit ion likely to cause hazard. Upon occurrence of the significant food safety a ccident, the People’s Government at or above the 
county level shall immediately es tablish the food safety accident treatment command, trigger the 
emergency plan and make treatments according to the measures in the above paragraphs.  
Article 73  In the case of a major food safety incident, the health administrative department of the cities 
or at higher levels with subordinat e districts shall, together with relevant departments, investigate 
immediately, urge relevant department s to fulfill their resp onsibilities, and submit an investigation report 
identifying responsibilitie s to the government at the same level.  
When the significant food safety accident involves 2 or more provinces, autonomous regions and 
municipalities under the direct control of the Cent ral Government, the health authorities under the 
State Council shall organize the in vestigation of the responsibility of accident according to the 
provision in the above paragraph. 
Article 74  Upon occurrence of the food safety incident, the CDC at or above the county level shall 
assist the health authorities and relevant authorit ies to make hygiene treatment of the site, and 
conduct the epidemiological investigation on the related factors. 
Article 75  Investigation of food safety incidents shall, in addition to identifying the liabilities of the 
organization where the incident occurred, also in vestigate any negligence or  misconduct by supervision 
and administration department offi cers responsible for approval, supervision and administration. 
Chapter 8: Supervision and Administration 
Article 76  The local People’s Government at the county level or above shall organize the administrative 
departments for health, quality supervision, indust ry and commerce and FDA of the same level to 
develop the annual plan of supervisi on and management of food safety in  the jurisdiction, and execute 
the work according to the plan.  
Article 77  The administrative departments for health, qua lity supervision, industry and commerce and 
FDA at the county level or above may take the fo llowing actions in the cour se of performing their 
respective duties of supervisi ng and administrating food safety: 
1) Entering production and trading sites for field inspection; 
2) Conducting sampling inspection of the food produced or traded ； 
3) Reviewing, copying, seizing and detaining relevant contracts, doc uments and books and other 
relevant information; 
4) Seizing and detaining food proven unsafe, illega lly used food raw mate rial, food additives and 
food-related products, and equipmen t and tools contaminated or used for illegal production or 
trading; and 
5) Closing down places of illegal  production and trading of food. The agricultural authorities at the county level or above shall be responsible for supervision and 
management of the edible agricultural products accordi ng to the responsibilities in Law of the People’s 
Republic of China on Agricultural Product Quality and Safety.  
Article 78  The administrative departments for health, qua lity supervision, industry and commerce and 
FDA at the county level or above shall record the re sults of supervision, inspection and punishment, if 
any, in the course of overseeing and inspecting food producers and traders. Such records shall be 
signed by supervision and inspection officers  and food producers and tr aders before filing. 
Article 79  The administrative departments for health, qua lity supervision, industry and commerce and 
FDA at the county level or above shall establish and maintain food safety credit records for food 
producers and traders, record iss uance of licenses, results of da ily supervision and inspection, and 
punishment of illegal activities; and shall increase the frequency of  supervising and in specting food 
producers and traders with bad credit records in li ne with such food safe ty credit records.  
Article 80 The administrative departments for health, qua lity supervision, industry and commerce and 
FDA at the county level or above shall, upon receiv ing any inquiry, complaint or information from a 
whistle-blower, accept, promptly ve rify, and deal with such an inquiry, complaint or other information and 
reply. These departments shall transfer matters bey ond their duty and authorit y to other departments 
empowered to deal with such matters, which shall ac t immediately and not shift responsibility to others; 
and those food safety incident shall be handl ed according to Article 7 herein.  
Article 81  The administrative departments for health, qua lity supervision, industry and commerce and 
FDA at the county level or above shall oversee and administer food safety according to their statutory 
authority and procedures. They sha ll not impose two or more administrative penalty fines on the same 
illegal food producer or trader activity . Anyone suspected of activities t hat require criminal investigation 
shall be transferred to public security  authorities according to the law. 
Article 82 The State shall establish a unified food safety  information system. The following information 
shall be centrally disclosed by State Council authorized health adminis trative departments: 
1) Overall situation of food safety in China ； 
2) Food safety risk evaluation information and food safety risk alert information;  
3) Information on significant food safety incident and treatment; and 4) Other important food safety information an d information identified by the State Council as 
requiring widespread disclosure. 
The information set forth in the 2) and 3) may, if its im pact is limited to particul ar regions, be disclosed by 
the health departments of the people’s governments of relevant provinces, autonomous regions and 
municipalities directly under the central government. The administrat ive department for agriculture, 
quality supervision, industry and comme rce and FDA, shall disclose info rmation on daily supervision and 
administration of food safety in accor dance with their dutie s and responsibilities. The department responsible for s upervision and management of food safe ty shall disclose information 
on a timely, objective and accurate basis. 
Article 83  The administrative departments for health, agr iculture, quality supervision, industry and 
commerce and FDA at the county level or above shall,  immediately upon receiving information requiring 
central disclosure pursuant to Article 82 (1), repor t to their superior departments, which then shall 
immediately report to the health aut horities under the State Council, and, if necessary, they may directly 
report to the health authoriti es under the State Council.  
The administrative departments for health, agricultu re, quality supervision, industry and commerce and 
FDA at the county level or above shall notify each other of any f ood safety related information. 
Chapter 9: Legal Liabilities 
Article 84 Any food producer or trader in violation of the Law, engaged in food production or trading 
activities without a licens e, or producing food additive s, shall have any and all ill egal benefits, including 
foods or food additives illegally pr oduced or traded, and tools, equipment  and food raw material, used for 
illegal production or trading confiscat ed by the relevant authorities acco rding to their respective duties 
and responsibilities, and be subject to a fine of RMB2, 000 - 50,000 if the total value of the commodity is 
less than RMB 10,000; and subject to a fine between 5 and 10 times the total value of the commodity if 
the total value of the co mmodity exceeds RMB10,000. 
Article 85  Under any of the following circumstances, any food producer or trader in violation of the 
Law, shall have any and a ll illegal benefits, including foods or food additives illegally produced or traded, 
and tools, equipment and food raw ma terial, used for illegal production or trading confiscated by the 
relevant authorities according to their respective duties and responsibilities, and be subject to a fine of 
RMB2,000 - 50,000 if the total value of the commodity  is less than RMB 10,000; and subject to a fine 
between 5 and 10 times the total value of the commodi ty if the total value of  the commodity exceeds 
RMB10,000; and for the serious case s, be revoked the business license ：   
1) Producing food with non-food raw material or adding non-edible chemical s or other substances 
possibly hazardous to human health to  food, or producing food with re covered food as raw materials; 
2) Producing or trading food which exceed food sa fety standard limits in cont ent or concentration of 
pathogenic microorganisms, pesticide residues , animal medicine residues, heavy metals, 
contaminants, and other subs tances that in food may be hazardous to human health; 
3) Producing or trading staple and supplementary food exclusively for babies  or other specific 
population, the nutritional ingredients of which fail to meet food safety standards; 
4) Trading food which is rotten or spoilt, or has rancid  fat, mildew or insects, or is contaminated or dirty, 
or contains foreign material or disp lays any other organoleptic irregularity; 
5) Trading or producing meat or products of any bird, livestock, beast, or waterborne animal which has 
been killed by disease, poison or any unidentified cause,; 6) Trading or producing meat or meat products  which have not been quarant ined or inspected by 
animal health supervision authorities or fail to pass such quarantine or inspection; 
7) Trading food exceeding the shelf life ； 
8) Producing or trading food expressly prohibited by the State from producti on and trading for disease 
prevention and c ontrol purposes; 
9) Using new food materials to produce food, or  producing new types of food additives and food 
related products, but failing to pass the safety assessment ； 
10) Refusing to call back or stop operations when the relevant authorities order to call back or stop 
operations of foods not conformi ng to foods safety standard. 
Article 86  Under any of the following circumstances, any food producer or trader in violation of the 
Law, shall have any and a ll illegal benefits, including foods or food additives illegally produced or traded, 
and tools, equipment and food raw ma terial, used for illegal production or trading confiscated by the 
relevant authorities according to their respective duties and responsibilities, and be subject to a fine of 
RMB2,000 - 50,000 if the total value of the commodity  is less than RMB 10,000; and subject to a fine 
between 5 and 10 times the total value of the commodi ty if the total value of  the commodity exceeds 
RMB10,000; and for the serious cases, be ordered to  stop production or business till revoked the 
business license ： 
1) Trading the foods contaminated with the packagi ng materials, container, transport means, etc.;  
2) Producing and trading the pre-packaged food or  food additives without label, or food or food 
additives with the label or instru ctions not conforming to the Law ； 
3) Purchasing or using the food ma terials, food additives or food re lated products not conforming 
to the food safety standard ； 
4) Adding medicine to food. 
Article 87  Under any of the following circumstances, any food producer or trader in violation of the 
Law, shall be ordered to make correction, given the warning, by the relevant authorities according to 
their respective duties and responsibilities; when refusing to make correction, be subject to a fine of 
RMB2,000 - 20,000; and for the serious cases, be order ed to stop production or bus iness, till revoked 
the business license ： 1) Fail to test the purchased food materials and produced food, food additives and food related 
products ； 
2) Fail to establish and main tain the inspection record system, and outgoing product record 
system ； 
3) Fail to file for record of the enterprise  food safety standard according to the Law ； 
4) Fail to store or sell foods or clear off t he foods in stock according to the requirements ； 
5) Fail to check the license or relevant ce rtificates upon receiving incoming products ； 
6) Claim the functions of prevention and treatment of diseases in the label and instructions for the 
produced food and food additives ； 
7) Allow the person with diseases listed in Arti cle 34 herein to execute the work contacting the 
food for direct use. 
Article 88  Upon occurrence of any accident, any food producer or trader failing to make disposal or 
reporting in violation of the Law, shall be ordered to make correction, given the warning, by the relevant 
authorities according to their respective duties an d responsibilities; when des troying the evidence, be 
ordered to suspend the production or trading and s ubject to a fine of RMB2,000 - 100,000; and for the 
serious cases, be revo ked the business license 
Article 89  Under any of the following circumstances, any food producer or trader in violation of the 
Law, shall be  given the punishment according to Article 85 herein ： 
1) Importing foods not meeting the national food safety standard of China ； 
2) Importing foods without applicable national f ood safety standard, or the new type of food 
additive and food related products, without safety assessment ； 
3) Exporting foods in breach of the Law. 
The importer failing to establish and maintain the food import and sales reco rd system, in violation 
of the Law, shall be subject to punishm ent specified in Article 87 herein.  Article 90  If any operators of central trading markets, stall leasers, and organizers of trade fair permit 
food traders without a license for food  production, distribution or provis ion for catering services to sell 
food in the market in violation of th is Law, or fails to perform their in spection or reporti ng obligations, the 
relevant authorities shall im pose a fine between RMB2,000 and RMB 50,000 according to their 
respective duties and res ponsibilities, and, if seri ous consequences are caused, order suspension of 
operations for correction and revocation of its license by the original issuer. 
Article 91 Where anyone or organization engages in food transpor tation activities in vi olation of this Law, 
the relevant authorities shall order immediate correct ion and give a warning; if correction is refused, 
order suspension of operations for correction and impose a fine between RMB 20,000 and RMB 50,000 
according to their respective duti es and responsibilities; and in seri ous circumstances, order revocation 
of its license by the original issuing department.   
Article 92  For any organization whose license for food pr oduction, distribution or  catering service has 
been revoked of, the direct responsible manager shall not be permitted fo r management of food 
production and/or trading activities wi thin 5 years after the punishment.  
If any organization for food production/trading en gages any person not perm itted for management of 
food production and/or trading activiti es, the license shall be revoked by the original issuing authority.  
Article 93  If any food inspection agency or personnel issues false inspection reports in violation of this 
Law, the original authorities or in stitution granting its qualification shall revoke its certificate of 
qualification. The manager and personnel directly responsible shall be remo ved from office or dismissed. 
Any food inspection personnel issuing fa lse inspection reports in violation of this Law shal l, if he/she has 
been subject to criminal prosecution or removed from  office or dismissed, be prohibited from any food 
inspection work within ten (10)  years thereafter. Any food ins pection agency employing any person 
prohibited from food inspecti on work will be subject to revocation of its certificate of qualification by the 
original authorities or institut ion granting its qualification.  
Article 94  Any advertising containing false publicity to  cheat the consumers in violation of the Law 
shall result in punishment according to Advert ising Law of the People’s Republic of China.  
Any food safety regulatory authorities or institution for food inspection, food industry association, or 
consumer association, when recommending any food to  consumers via advertising or other forms, 
in violation of the Law, shall be subject to conf iscation of the illegal ben efits by the relevant 
authorities, and the manager and other personnel directly responsible shall be given the punishment of recording a special demerit, demotion or removal from the office.  
Article 95 If any local people’s government at the count y or above level fails to perform its duties 
pursuant to this Law in the cour se of supervising and administrating food safety, and food safety 
incidents occur with serious impact on society, bot h the government officials that bear responsibility and 
the executives directly responsible shall be punished by recordi ng a special demerit against them or 
demoting or removing them from office.  
If the administrative department at the county or above level for health , agriculture, quality supervision, industry and commerce, food and drug, or other exec utive branches of the government fail to perform 
their duties under this Law, or abuse their aut hority, engage in self-s eeking misconduct and cause 
serious consequences, the authoriti es for supervision or appointment and dismissal shall punish the 
people chiefly responsible, the people directly in c harge and other people directly responsible by 
recording a special demerit or demotion; if serious  consequences are caus ed, the people chiefly 
responsible, the people directly in  charge and other people directly re sponsible shall be removed from 
office or dismissed; the chief principa l shall acknowledge the blame and resign.  
Article 96  Anyone in violation of this Law causing pers onal or property damage or other damages shall 
be liable for compensation. 
When any manufacturer produces any food not conforming to the food sa fety standards or sells any food 
knowing its nonconformity with t he food safety standards, the customer  can demand the manufacturer or 
the seller to pay a penalty 10 times of the paid am ount, in addition to the compensation for the loss 
thereof.  
Article 97  Anyone in violation of this Law shall be li able for civil compensati on and payment of penalties 
and fines, and when the assets are not sufficient for payment, the civil compensation shall be executed 
first.  
Article 98  Anyone in violation of this Law shall, if the crime is committed, be subject to criminal 
prosecution. 
Chapter 10: Supplementary Provisions 
Article 99  For the purpose of this Law, the following te rms shall have the meaning defined hereunder:  
Food means any substance t hat has been processed or not process ed that is suitable for eating and/or 
drinking, including substances used as food and medicine, excludi ng substances solely used as 
medicine.  
Food Safety means the assurance that the food is nontoxic, harmle ss, and compliant with reasonable 
nutritional requirement, and will not  cause any acute, chronic and potential hazards to human health. 
Pre-packaged Food means food which is prepackaged or  made in containers or packaging materials, 
according to the fixed amount.  
Food Additive means any synthetic or natural substance used to impr ove the quality, colour, fragrance, 
flavour of food, and used to add to the food or put together with the food for corrosion proof, keeping 
fresh or processing technology requirements.  
Food Container and Packaging Material means the products made of paper, bamboo, wood, metal, 
porcelain, plastic, rubber, natural fibr e, chemical fibre, or glass and us ed to contain food or additives, or 
coating in direct contact with food or additives.  
Food Tools and Devices mean machines, pipes, convey er belts, containers, appliances, tableware and other objects that have direct c ontact with food or additives during production, distri bution and use of 
food or additives.  
Food Detergent and Disinfectant mean substances that are directly used to wash or sterilize food 
tableware, and tools and devices, or  food containers and packaging materi als that have direct contact 
with food.  
Shelf Life means the period prior to the “best bef ore” date when the pre-packaged food remains in good 
quality under the storage conditi ons indicated on the label.  
Food Borne Disease means any infect ious, toxic or other disease c aused by pathogenic bacteria which 
enter the body through food.  
Food Poisoning means acute, sub-acute or  other food-borne diseases t hat are caused by eating food 
contaminated by or containing poiso nous or hazardous substances.  
Food Safety Incident means any incident that may be caused by food poisoning,  food borne diseases, 
food contamination, or other incidents aris ing from food and hazardous to human health. 
Article 100  If the food producer or trader has received t he relevant license before the execution of this 
Law, such a license shall remain valid until expiration thereof.  
Article 101  The food safety administration for dairy  products, genetically modified foods, pig 
slaughtering, wines and common salt shall be in acco rdance with this Law; when there is separate 
regulations, such regulations shall apply.  
Article 102 The measures for administration of food safety in the railway operations shall be developed 
by the health administration authorit ies under the State Council together with other relevant departments 
of the State Council. 
The measures for administration of food safety of the special foods and self-supplied foods in the army 
shall be developed by the Central Milit ary Committee according to the Law. 
Article 103 The State Council can make adjustments of t he supervision and administration system for 
food safety according to the actual requirements.  
Article 104  This Law shall enter into force on June 1,  2009 and the Law of the People’s Republic of 
China on Food Hygiene shall be abolished.