CFDA Released the Administrative Measures on Food Safety Credit Information

On 26 Aug. 2016, China Food and Drug Administration (CFDA) released Administrative Measures on the Food Safety Credit Information in accordance with Food Safety Law of the People’s Republic of China and other relevant laws and regulations. These administrative measures are released in order to enhance the management of safety credit information, improve the effectiveness of the food safety supervision and management, strengthen the integrity, self-disciplinary awareness as well as credibility, expedite the publication of food safety credit information, accelerate the construction of food safety credit system and practically guarantee food safety. These administrative measures have been implemented since its release.

Based on the Administrative Measures on Food Safety Credit Information, the food safety credit information refers to the data, materials and other information which may reflect the food safety credit conditions of the food manufacturers and operators. These materials are prepared or obtained by the food and drug administrative departments when the food and drug departments are performing their duties.

Food and drug administrative departments will be responsible for the construction of the management system:

1. China Food and Drug Administration is responsible for the guidance of national food safety credit information management and the construction management system;
2. Food and drug administrative departments at the provincial level is responsible for the construction of food safety credit information management system within their administrative regions;
3. Food and drug administrative departments at the county level is responsible for collecting and managing the credit information of the food manufacturers and operators within their administrative regions, establishing food safety credit information database for food manufacturers and operators and provide information to superior food safety credit information management system.

The food safety credit information includes:

1. Basic information of the food manufacturers and operators, which includes names, addresses, legal representatives (principal) of the food manufacturers and operators, name and ID card No. of the food safety management personnel, etc.
2. Administrative licensing information such as Food Manufacturing and Operating License, Permission for Alteration and other relevant information concerning the permission that shall be published;
3. Inspection information, which includes problems found during daily inspection, special examination, flight check and tracing supervision, rectification situation and interviewing situation, etc.
4. Food supervision spot check information, which includes information such as the variety, manufacturing date, batch number of the qualified and unqualified food as well as the items and testing results of the unqualified food;
5. Administrative punishment information, which includes administrative punishment type, punishment results, punishment basis, the departments that makes decision on administrative punishments and relevant information the departments that makes decision on administrative punishment believes shall be published;

Please be noted that food safety credit information shall be recorded within two working days after the administrative licensing, administrative inspection, supervision and spot check, administrative punishments are completed. Meanwhile, enterprises are not allowed to modify or delete food safety credit information without authorization. If amendments are still necessary, reasons for amendments and the principal that approves the amendments shall be indicated in the system.

The food safety credit information shall be published so that the people, legal representatives and social organizations may inquire, share and use relevant information through official website of food and drug administration departments, newspapers, radio broadcast, television and internet.

Additionally, food and drug administration at the county level will increase the inspection and the spot check frequency for manufacturers and operators who are punished due to their food problems during inspection and spot check.

According to the administrative measures, food safety credit information of founder of the food markets, the counter lessor, and the third party platform online transaction provider as well as the enterprises dealing with the storage and transportation of food shall also be managed under these this administrative measures.

CIRS comments:

Food manufacturers and operators shall be responsible for food safety and regulatory compliance and ensure that the food is safe and is compliance with national laws and regulations. CIRS believes that after the establishment of this food safety credit information system and with the help of the social media, food manufacturers and operators who are not compliance with national laws and regulations may be known to the public quickly, which may severely affect the food brand of the company. As a result, CIRS warmly reminds that enterprises shall not risk big things for the sake of small ones and shall be strict in food safety.

Reference:

Administrative Measures on the Food Safety Credit Information