Health Management Legal System Zhejiang University School of Medicine Department of Public Health Zhang Jun hjun!

ju"edu"cn Health management basic frame#or$ of la#s and regulations %ood hygiene and safety Public places Health and &uarantine Public health emergencies %ood hygiene and safety '%ood Safety La#' ( )**+")"), '%ood Safety La# ' ( )**+".")* %ood safety ris$ monitoring and evaluation/ %ood safety ris$ monitoring and management regulations ( )*0*"0")1 %ood Safety 2is$ 3ssessment 2egulations ( )*0*"0")0 %ood safety standards/ 4ational standards for food safety management approach ( )*0*"0*")* Local standards of food safety management approach ( )*00"5") %ood safety standards for record companies Measures ( )**+"6"0* %ood safety supervision and management / State 7ouncil on strengthening food and product safety supervision and management of special provisions ( )**.".")6 3bolition of the State 7ouncil on food 8uality inspection notification system ( )**,"+"0, %ood service food safety supervision and management measures ( )*0*"5"9 %ood service license management approach ( )*0*"5"9 7irculation area of food safety management approach ( )**."0"0+ 7irculation of food safety supervision and management measures ( )**+"."5* %ood 7irculation Permit Management 2egulations ( )**+"."5* :he main food mar$et access for registration and management system ( )**+","), %ood mar$et 8uality control systems ( )**+","), %ood mar$et regulatory classification system ( )**+","), %ood mar$et inspection monitoring system ( )**+","), 7oordination and cooperation bet#een la# enforcement of food safety supervision system ( )**+","), %ood Safety Management System 7ertification ;mplementation 2ules ( )*0*"0")6 %ood labeling regulations ( )**+"0*")) 4e# varieties of food additives Management Measures ( )*0*"5"5* %ood recall regulations ( )**.","). -

%ood advertising regulation system ( )**+","), %ood Safety ;nformation 3dministration released ( )*0*"00"5 ;mport and <=port %ood Safety Management 2egulations ( )*00"+"05 Dairy 8uality and safety supervision and management regulations ( )**,"0*"+ Pig slaughtering regulations ( )*00"0", %ood inspection / %ood inspection agency accreditation criteria ( )*0*"5"9 %ood inspection #or$ norms ( )*0*"5"9 %ood sampling #or$ system ( )**+","), %ood security incident handling / 4ational food safety emergency plan ( )*00"0*"1 Public health emergencies <mergency 2egulations ( )*00"0", %ood security early #arning and emergency response system ( )**+","), %ood Poisoning approach ( 0+++"0)")9 """ Public places Health and &uarantine Public health emergencies Highlight the '%ood Safety La#' ' Public health emergency emergency regulations ' ' %rontier Health and &uarantine La#' '%ood Safety La#' Legislative >ac$ground / '%ood Sanitation La# ' implemented more than a decade ? it is 7hina@s social transformation and the critical period of reform and opening up ? food safety #or$ there are some ne# situations and ne# problems ? especially in recent years in a series of food safety incidents ? such as the Sudan event ? mil$ po#der incident in %uyang ? Sanlu mil$ po#der incident and so on" Ariginal ' %ood Sanitation La#' no longer meets today@s 7hinese society? food safety management "

Major problems e=posed / '%ood Sanitation La# ' division of the food regulatory authorities are more general" ;n violation of relevant la#s and regulations punishment enough? difficult to play legal deterrent" Hinder 7hina@s foreign economic and trade smooth development " Milestones

'%ood Hygiene 2egulations' ;n 0+.+? the State 7ouncil promulgated ' :he People@s 2epublic of 7hina %ood Hygiene La# ( :rial - ' 4ovember 0+,) ? the t#entyBfifth session of the %ifth 4ational People@s 7ongress e=amined and adopted ' People %ood Sanitation La#' Actober 0++1 ? the Si=teenth Meeting of the <ighth 4ational People@s 7ongress e=amined and adopted '%ood Safety La# Draft ' Actober )**. the State 7ouncil e=ecutive meeting ? )**."00"), submitted to the 4P7 Standing 7ommittee" '%ood Safety La#' %ebruary ),? )**+ the <leventh 4ational People@s 7ongress voted through the seventh meeting since June 0? )**+ into effect" %ood hygiene and food safety %ood Hygiene (food hygiene-/ 7oncerned about the food there? the threat to human health harmful factors of type? source ? nature? role ? content levels and control measures to improve food safety? prevention of foodborne illness and protect the consumers@ health" %ood harmful factors that may e=ist in four categories by source / %ood contaminants " ;n the production ? processing? storage ? transportation? and sale process mi=ed food substances" ;n addition to chemical substances? including biological se= generally harmful factors ( such as bacteria? viruses? etc" - and radionuclide " %ood additives" 4aturally present in foods harmful substances? such as protease inhibitors present in soy " %ood processing? preservation process of harmful substances? such as methanol produced in the bre#ing process ? harmful components in the fusel oil " %ood safety (food safety- meaning there are three levels/ %irst layer/ &uantity of food safety / that a country or region can produce the re8uired basic survival ethnic dietary needs " 3s$ing people to both buy and can afford to survive life @s basic food needs " Second layer/ %ood 8uality and safety / refers to the provision of food in nutrition? health and security to meet the health needs of the population ? food 8uality and safety involving food contamination ? #hether to=ic ? #hether the violation e=cessive additives ? labeling issues such as #hether the norms re8uired in the food contamination limits before ta$ing measures to prevent the contamination of food and suffered major ris$ factors invasion " ( %ood Hygiene :he third layer/ Sustainable %ood Security/ :his is from a development perspective re8uires that food need to focus on the ac8uisition of a good ecological environment protection and the sustainable use of resources "

7ompared #ith food hygiene ? food safety? food labeling more emphasis on comprehensive and accurate real ? more emphasis on food certification and trademar$ management ? focusing more on the particularity of food use ? more concerned about individual differences " Legislation Significance/ '%ood Safety La#' to build a comprehensive food safety la#s and barriers in regulating food production and operation activities ? to prevent food safety accidents ? and enhance food safety supervision #or$ of the normative ? scientific and effective to improve the overall level of 7hina@s food safety ? and ensure food security? protect public health and safety is important" Main content/ '%ood Safety La# ' a total of ten chapters 0*9 C %ood safety ris$ monitoring and assessment %ood safety standards %ood production %ood ;nspection %ood ;mport and <=port Disposal of food safety incidents 2egulatory Liability

Local government responsibilities/ Local people@s governments above the county level responsible for unified leadership ? organi ation? coordination of the administrative areas of food safety supervision and management ? establish and improve the food safety supervision and management of the #or$ing mechanism C Unified leadership ? command food safety emergency response #or$ C ;mprove the implementation of food safety supervision and management responsibility for food safety supervision and management departments for comment and evaluation" 7ommunication #ith regulatory authorities %ood industry associations to guide obligations 2esponsibility for social groups 7arry out food safety research 2eport ? informed ? right to ma$e recommendations %ood safety ris$ monitoring and assessment 7ountries to establish food safety ris$ monitoring system for foodborne illness ? food contamination and harmful factors in monitoring"

State health administrative departments shall develop? implement national food safety ris$ monitoring programs" Local government health administrative departments should develop its o#n testing program " :he department of agriculture ? 8uality supervision ? industry and commerce and the %ood and Drug 3dministration and other departments informed of the food safety ris$ information? it shall immediately inform the health administration department under the State 7ouncil " 3fter verification ? it shall promptly adjust food safety ris$ monitoring plan" 7ountries to establish food safety ris$ assessment system for food? food additives? biological? chemical and physical ha ards ris$ assessment" :he health administration department is responsible for organi ing the #or$ of food safety ris$ assessment ? founded by medicine? agriculture ? food ? nutrition and other aspects of food safety e=perts in ris$ assessment e=pert committee " Af pesticides ? fertili ers ? gro#th regulators ? veterinary drugs? feed and feed additives safety assessment ? there should be food safety ris$ assessment e=pert committee e=perts" :he department of agriculture ? 8uality supervision ? industry and commerce ? and food and drug regulatory authorities to ma$e recommendations to the health administrative departments ? and provide relevant information and data" <ffectiveness of ris$ assessment %ood safety ris$ assessment results are formulated or revised food safety standards and food safety supervision and management of scientific evidence " %ood insecurity dra# conclusions ? to ta$e immediate measures to stop the food production and operation ? and to inform consumers to stop eating C ? if necessary ? should be developed ? to amend the relevant national food safety standards " An a comprehensive analysis of the food security situation " Having a higher degree of food safety ris$s ? the health administration department shall timely food safety ris$ #arning ? and to the public " %ood safety after the flood ris$ #arning D D :ime / )*05 B*,B). 0./9./09 3uthor/ 3nonymous Source / Euangdong Provincial %ood Safety 7ommission Affice ;n midB 3ugust )*05 ? by the strong typhoon? Euangdong Province? several cities and counties have suffered floods in some areas #orst affected " :o ensure food safety? disaster #or$ ? to prevent a variety of foodborne illness ? the Euangdong Provincial %ood Safety Affice issued after the flood of special food safety ris$ #arning / 7orrect choice of foods" :horough investigation of all the varieties of food that you suspect might be contaminated by flood #aters and food ? should be discarded C eat corruption ? bad food C eat dro#ning or un$no#n causes of livestoc$? poultry and fish C eat the pac$aging is damaged or beyond the shelf life of food pac$aging stereotypes C eat soa$ed by the flood of bul$ food C does not o#n feed #ild mushrooms and other vegetables C does not eat ra# animal foods " 7lean and disinfect the environment " <ffective cleaning and disinfection of all possible by the flood #aters associated #ith the food processing environment ? regional and food processing e8uipment" 3ttention to personal hygiene" Processed foods #ith clean #ater prior to ensure clean

hands before meals and after should pay attention to clean hands C ra# and coo$ed food should be separated from production and storage place " 3ttention to safe drin$ing #ater " :o use clean ? safe #ater C drin$ unboiled #ater? try to drin$ only boiled or bottled #ater C Use clean #ater to #ash food ingredients ? fruits and vegetables" Stric$en areas such as nausea ? vomiting ? abdominal pain? diarrhea and other symptoms of acute gastroenteritis ? to immediately stop eating the suspected food and timely treatment C process found in the consumer food production and operation of illegal behavior or health damage occurred ? to report to the local government food safety supervision department" %ood safety standards D Mandatory / %ood safety standards are enforceable standards" ;n addition to food safety standards ? shall not develop mandatory standards for other food " Development of/ national food safety standards by the health administrative department responsible for the development ? publication? standardi ation of the State 7ouncil administrative department to provide the national standard number" Pesticide residues in food ? veterinary drug residue limits its testing methods and procedures specified by the State Department of Health ? agriculture administration department" Slaughtered livestoc$ and poultry inspection regulations by the State 7ouncil? relevant departments of the State 7ouncil administrative department of health " 4ational standards for product safety national standards related to food content ? and should be consistent #ith national food safety standards " ;ntegration and announced / State health administrative departments shall present edible agricultural products 8uality and safety standards ? food hygiene standards? food 8uality standards and industry standards relating to food enforceable standards to be integrated ? unified announced as the national food safety standards" Provisions of this la# before the announcement of national food safety standards ? food producers and traders shall operate in accordance #ith current standards of food production " 2evie# and develop by/ 4ational food safety standards shall be approved by national food safety standards evaluation committee revie#ed and approved " 4ational %ood Safety Standard 2evie# 7ommittee consists of medicine? agriculture ? food ? nutrition? and other e=perts as #ell as representatives of relevant departments of the State 7ouncil " 4ational food safety standards? food safety ris$ assessment should be based on the results and ta$e full account of edible agricultural products 8uality and safety ris$ assessment results ? reference to the relevant international standards and international food safety ris$ assessment results? and listen to food producers and traders and consumers opinions"

Local standards / 4o national standards for food safety ? local food safety standards can be developed " 2eference to national standards for food safety la# provisions ? and report the health administration department" >usiness Standard/ Production of food #ithout national food safety standards or local standards ? enterprise standards should be developed as a basis for organi ing production " :he State encourages food manufacturers establish more stringent national food safety standards or local standards of corporate standards" <nterprise standard should be reported to the provincial health administrative departments for the record ? in this enterprise apply" %ood safety standard content / %ood and foodBrelated products pathogenic microorganisms ? pesticide residues? veterinary drug residues ? heavy metals? pollutants and other substances harmful to human health limited provisions C %ood additives varieties? scope ? amount C Specifically for infants and other specific groups of primary and supplementary food nutritional re8uirements C :o food safety ? nutrition labels ? logos? specification re8uirements C Process of food production hygiene re8uirements C &uality and food safety Brelated re8uirements C %ood inspection methods and procedures C Athers need to develop content for the food safety standards " %ood production %ood production licensing system <ngaged in food production? food distribution? food service ? shall obtain food production? food circulation permit ? food service license " Abtain food production license food producers in their production sites to sell their produce food? not to obtain food circulation permit C Abtain a food service permit catering service provider in its dining establishments sell their produce processed foods? food production and circulation need to obtain a license C ;ndividual farmers sell their production of edible agricultural products? food does not need to obtain permission from the circulation " %ood production and processing of small #or$shops and food vendors engaged in food production and operation activities ? should meet certain food safety re8uirements ? ensure that the production and management of food hygiene ? nonBto=ic and harmless" %ood production and operation re8uirements Fith a variety of food production and operation ? 8uantities of the food materials handling and food processing? pac$aging? storage and other places? to $eep the place

clean and tidy environment ? and #ith the to=ic and ha ardous sites and other sources to maintain a predetermined distance C Fith a variety of food production and operation ? 8uantities of the production and operation of e8uipment or facilities ? there is a corresponding disinfection? dressing? toilet ? lighting ? lighting ? ventilation? corrosion? dust ? flies ? rodents? pest control? cleaning and #aste#ater treatment ? garbage and #aste storage e8uipment or facilities C :here are food safety professional and technical personnel? management personnel and to ensure food safety regulations C Has a reasonable layout and process e8uipment to prevent direct entry to be processed foods and foods? crossBcontamination of ra# materials and finished products ? avoid contact #ith to=ic food ? unclean thing C :able#are? drin$ing utensils and containers directly imported food containers should be #ashed before use ? disinfection? coo$#are ? utensils should be #ashed after use to $eep clean C Storage? transport and handling of food containers ? tools and e8uipment should be safe ? harmless and $ept clean to prevent food contamination ? and meet the re8uired temperature to ensure food safety and other special re8uirements? food must be to=ic and ha ardous substances transportation C Directly imported food should have small pac$ages or using nonBto=ic? clean pac$aging materials ? table#are C %ood production and management personnel should maintain personal hygiene ? food production and operation ? it should #ash their hands thoroughly and #ear clean #or$ing clothes and headgear C sold #ithout pac$aging imported food should be used #hen nonB to=ic? clean tools C Fater should comply #ith the national drin$ing #ater health standards C :he detergents and disinfectants should be safe to humans and harmless C La#s? regulations and other re8uirements" %ood production business license approval 3bove the county level 8uality supervision? industry and commerce? food and drug regulatory departments shall? according to the 'P27 3dministrative Licensing La# ' re8uirement? e=amine the applicant to submit relevant information necessary for the applicant@s production and business establishments onBsite verification C to meet the re8uired conditions ? decided to grant permission C does not meet the re8uirements? the decision not to license and #ritten e=planation " Production enterprises of food safety management system re8uirements <ncourage enterprises to comply #ith good manufacturing practice <mployee health management system Suffering from dysentery ? typhoid? viral hepatitis and other gastrointestinal diseases ? and an officer #ith active tuberculosis? suppurative or e=udative s$in diseases that impede food safety personnel shall not engage in direct contact #ith the #or$ of imported food " %ood safety of agricultural production re8uirements

<dible agricultural production records system %ood ingredients? food additives? food safety management related products %or producers Delivery licensing and product 8uality certificates ;ncoming inspection system %ood factory inspection record system %ood? food additives ? foodBrelated product testing %ood purchase inspection records system %or operators %ood storage re8uirements >ul$ food storage and sales re8uirements Labeling re8uirements %ood production and operation of the follo#ing prohibited Fith nonBfood ra# materials to produce food or food additives other than adding chemicals and other substances potentially harmful to human health food ? or as a ra# material produced from recycled food food C Pathogenic microBorganisms ? pesticide residues? veterinary drug residues ? heavy metals? pollutants and other substances harmful to human health than food safety standards limit food C 4utrients do not meet food safety standards specifically for infants and other specific groups of primary and secondary food C Spoilage? fat rancidity ? mold infestation ? filthy dirty? mi=ed #ith foreign matter ? adulterate or unusual sensory properties of food C Died? poisoned ? or un$no#n cause? poultry? livestoc$? animals ? a8uatic animals? meat and meat products C 3nimal health oversight agencies #ithout 8uarantine inspection and 8uarantine or meat ? or #ithout inspection or testing of meat products C 3re pac$aging materials? containers ? vehicles and other contaminated food C Aver the shelf life of food C 4o preBpac$aged food labels C State special needs such as disease prevention and banned the production and management of food C Athers do not meet food safety standards or re8uirements of food " Problem/ 7an food by adding drugs D PreB pac$aged food labels 4ame? si e ? net #eight ? production date ;ngredient or list of ingredients C

Producer@s name? address ? contact information C Shelf life C Product standard code C Storage conditions C :he use of food additives in the national standards of the common name C Production license number C La#s? regulations or standards of food safety and other matters re8uired to be mar$ed " Specifically for infants and other specific groups of primary and secondary food ? the label should also indicate the main nutritional components and their contents " D

%ood additive production license system State of food additives in the production practice a licensing system 3ccordance #ith the relevant industrial products production license management regulations ';ndustrial production permit regulations ' 4e# food ingredients and food additives and related products safety assessment of ne# varieties 3pply for the use of ne# food ingredients involved in food production or engage in ne# varieties of food additives ? foodBrelated products produced ne# varieties of activities of the unit or individual shall be submitted to the State 7ouncil administrative department of health related to product safety assessment materials " 3dministrative department of health shall receive the application #ithin si=ty days from the date of organi ation of the relevant product safety assessment materials for revie# C meets the food safety re8uirements ? according to the decision to grant permission and published C does not meet the food safety re8uirements ? decided not to license and #ritten e=planation " 3llo#s the use of food additives prere8uisite %ood additives should be technically necessary after a ris$ assessment proven safe and reliable before inclusion allo#ed ranges" Health administration department under the State 7ouncil? the need for technology and food safety ris$ assessment results in a timely manner the variety of food additives ? the use of range ? the amount of the standard be revised " Fith the basic re8uirements of food additives %ood producers should be in accordance #ith food safety standards on food additives varieties ? scope of use and dosage of the use of food additives C Shall not be used in food production? food additives other than chemicals and other potentially ha ardous to human health"

%ood additives labels? brochures and pac$aging %ood additives should have labels? brochures and pac$aging" ;nstructions shall set forth the matters re8uired ? scope of use? dosage? usage ? and stated on the label ' food additive ' #ords" %ood labels ? brochures authenticity re8uirements/ Shall not contain any false ? e=aggerated ? and may not involve disease prevention and treatment capabilities" Producers on the labeling? instructions set forth in the content" ;t should be clear ? obvious? easy to identify " %ood and food additives and their labeling? instructions set forth in the content does not match ? it may not be on sale" PreBpac$aged food sales re8uirement/ %ood business operator shall follo# #arning signs? #arning instructions or precautions demand? sales of preBpac$aged foods" 3rticle 1* / %ood and drugs are not allo#ed to add >oth food and 7hinese herbal substances catalog / 7loves? star anise ? beans ? fennel ? thistle ? yam? ha#thorn? purslane? blac$ sna$e ? plum? papaya ? hemp seed ? from generation to generation flo#ers odoratum ? licorice ? angelica ? ging$o nuts? #hite beans? #hite lupine flo#ers ? longan ( longan - ? cassia ? lily? nutmeg ? cinnamon? amla ? bergamot ? almond ( s#eet? bitter - ? sea buc$thorn ? oysters? Eorgon? pepper? red bean? gelatin? Eallus gallus domesticus ? malt? $elp ? date ( jujube? jujube ? dates - ? Mangosteen? Guli ? honeysuc$le ? fruit ? Houttuynia? ginger ( ginger ? ginger - ? orange dulcis ? medlar? gardenia? 3momum ? Panda Hai ? Poria? incense rafters ? <lsholt ia ? peach ? mulberry leaf? mulberry ? orange ? bellflo#er ? treating diabetes ? leaves ? radish seed ? lotus seeds? galangal? pale leaves ? SSP ? chrysanthemum ? chicory ? yello# mustard ? Huang Jing ? basil ? purple Sue seeds ? arro#root? blac$ sesame ? blac$ pepper? bud ? SJ ? dandelion ? honey? pistachio nuts ? Semen ? fresh cogongrass rhi ome ? fresh reed rhi ome? viper? orange peel ? mint ? 7oi= ? scallion #hite ? raspberry ? rugosa " 3nne= ) can be used in health food items list Einseng? ginseng leaf ? ginseng fruit ? Pana=? soil %uling? Daji ? Ligustrum lucidum? dog#ood ? 7yathula ? %ritillaria ? 7huan=iong? horse Deer ? antler ? red deer bone ? Salvia? Fujiapi ? Schisandra? cohosh ? aspartate ? :ianma ? heterophylla ? Morinda ? #oody? <8uisetum ? burdoc$ ? burdoc$ root ? plantain ? plantain ? littoralis ? %ritillaria ? Scrophulariaceae? traditional 7hinese medicine ? ra# Polygonum ? #hite? and ? #hite peony root ? #hite cardamom ? abalone ? Dendrobium ( must provide proof available - ? Digupi ? angelica? Zhuru ? safflo#er ? 2hodiola ? ginseng? <vodia ? 3chyranthes ? <ucommia <ucommia leaf ? complanatus ? tree peony bar$ ? aloe ? herb? psoralen? myrobalan ? :PE ? Polygala ? Aphiopogon ? tortoiseshell ? Perrin? Ariental 3rborvitae ? rhubarb ? fleeceBflo#er root ? 3canthopana= ? thorn Mei fruit ? Zeeland ? 3lisma ? roses? 2oselle ? 3nemarrhena? 3pocynum ? ;le=? %ago ? 2osa laevigata ? blue ? Magnolia?

Magnolia flo#er? turmeric ? 7itrus aurantium? 7itrus aurantium ? bai i Jen ? pearls? Eynostemma ? fenugree$ ? madder ? Piper longum ? chive seed ? Polygonum vine ? s#eet ? Drynaria ? 7odonopsis? Morus alba? mulberry ? %ritillaria ? mother#ort? gotu $ola ? Longspur beans ? dodder ? #ild chrysanthemum ? gin$go biloba ? astragalus? %ritillaria ? senna ? Eec$o? cranberries? Huai real ? Puhuang ? thistles ? propolis? tamarind ? <clipta ? coo$ed rhubarb ? 2ehmannia ? turtle " 3nne= 5 health food list of prohibited substances Dysosma ? >ali Ma ? daughter son ? earth green #ood? 3nisodus ? 2adi= ? fangchi ? 7oriaria leaf ? Strychnos ? he=agonal lotus? henbane ? 7roton? mercury ? peri#in$le ? euphorbia ? ra# 3raceae ? ra# >reit ? ra# #hite tuber ? ra# L"? >3; Dan? Lycoris ? Euan Mu :ong ? agriculture Hyrgy stan dysentery ? oleander? cinnabar? rice shell ( poppy - ? red rose Dan ? ye# ? red fennel? Pin$ ? croissants bend ? rhododendron ? Lai Jiangshan 7i Eu ? <" pe$inensis ? HMSH: ? blo#fish? molle flo#er? blue Mother insects? fish? rattan? digitalis? Gangjinhua ? Pharbitidis ? arsenolite ( arsenic trio=ide ? red arsenic ? arsenic - ? 3conitum ? Periplocae ( Periploca s$in - ? harmala ? podophylloto=in ? Mangcao ? iron mallet ? lily of the valley ? sno# artemisia ? yello# oleander ? cantharidin ? sulfur? realgar? Hoo$? belladonna ? hellebore ? :oad " )**+ Fong Lo Hat ' Prunella incident' :he responsibility of centrali ed trading mar$et 7entrali ed trading mar$et opened the counters and trade fairs organi ed by the lessor ? food business operators shall revie# the admission permits ? a clear admission food business operators food safety management responsibilities ? regular admission to food business operators operating environment and the condition is chec$ed violations should be promptly stopped and immediately report to the local industrial and commercial administrative department or county level food and drug supervision and management departments " 7entrali ed trading mar$et opened the counters and trade fairs organi ed by the lessor fails to perform the obligations of the food safety incidents occurred in the mar$et ? they shall bear joint and several liability " %ood advertising management 7ountries to establish a food recall system " %ood producers found that the production of food does not meet food safety standards ? should immediately stop production ? recalls have been mar$eted food? notify the production operators and consumers ? and to record the recall and notification situations " %ood business operators have found their food does not meet food safety standards ? it shall immediately cease operations ? notify the production operators and consumers ? and to cease operating records and notification situations " ;t should be recalled that food producers should immediately recall" %ood producers should ta$e remedial food recall ? harmless treatment ? destruction and other measures ? and the handling of food recalls and 8uality supervision departments

above the county level reports" %ood production operator fails to comply #ith provisions of this 3rticle recall or stop operations do not meet food safety standards of food above the county level 8uality supervision? industry and commerce administration ? food and drug supervision and administration department shall order it to recall or cease operating " %ood recall system 7ountries to establish a food recall system " %ood producers found that the production of food does not meet food safety standards ? should immediately stop production ? recalls have been mar$eted food? notify the production operators and consumers ? and to record the recall and notification situations " %ood business operators have found their food does not meet food safety standards ? it shall immediately cease operations ? notify the production operators and consumers ? and to cease operating records and notification situations " ;t should be recalled that food producers should immediately recall" %ood producers should ta$e remedial food recall ? harmless treatment ? destruction and other measures ? and the handling of food recalls and 8uality supervision departments above the county level reports" %ood production operator fails to comply #ith provisions of this 3rticle recall or stop operations do not meet food safety standards of food above the county level 8uality supervision? industry and commerce administration ? food and drug supervision and administration department shall order it to recall or cease operating " %ood advertising management 2e8uirements/ %ood advertising content should be true and la#ful ? shall not contain any false ? e=aggerated ? and may not involve disease prevention and treatment capabilities" %ood safety supervision and management departments or assume responsibility for food inspection agencies? food industry associations ? consumer associations or other forms of advertising may not be recommended food to consumers " Joint and several liability / 7ommunity groups or other organi ations ? individuals in the false advertising of food recommended to consumers ? so that consumers@ legitimate rights and interests are infringed ? and food producers and traders jointly and severally liable " %ood ;nspection '%ood Safety La# ' to define the food inspection by the food inspection agency inspection #or$ alone to develop and implement food inspection agency and inspection of accountability " 7lear food safety supervision departments shall implement the e=emption for food " 3t the same time re8uired to conduct sampling should purchase the e=tracted sample ? not allo#ed to charge inspection fees and any other charges " %ood ;mport and <=port '%ood Safety La# ' to define the imported food? food additives and food Brelated products should comply #ith national food safety standards? but also improve the food

import and e=port ris$ early #arning mechanism" Disposal of food safety incidents 0 provides for the development of food safety emergency plan and food safety incident reporting system " ()- provides for administrative departments above the county level health measures to deal #ith food safety incidents " 2egulatory '%ood Safety La#' 7hapter ,? ' supervision and management ' reiterated the same offense shall be given at least t#ice as fine " 3bove the county level health administrative ? 8uality inspection? industry and commerce? food and drug regulatory authorities in accordance #ith statutory authority and procedures shall fulfill the food safety supervision and management responsibilities? the production operators the same offense shall not be given more than t#ice as fine " Liability 0 for specific people involved in food production ? food inspection eligibility restrictions" ) " ' %ood Safety La#' stipulates that the production does not meet food safety standards of food or $no#ingly selling do not meet food safety standards of food ? consumers are increasingly demanding compensation for losses ? you can also claim the producer or seller to pay the price tenfold in damages" 5 violation '%ood Safety La# ' provisions? shall bear civil liability and to pay a fine ? penalty " ;ts property is insufficient to pay ? the first civil liability " 7ompensation /

' Public health emergency emergency regulations ' Legislative >ac$ground ;n )**5? some parts of our country S32S (S32S- epidemic is a sudden major disasters " Finning control 'S32S' this tough battle ? #e must rely on science? but also rely on the legal system " ' Public health emergency emergency regulations ' ;t is in this particular conte=t? in a relatively short period of time formulated the " S32S/ S32S disease is sudden catastrophe" Spread to 50 countries around the #orld and regions? ,?9)) cases #ere reported S32S patients ? +06 cases of death " 7ountry affected )9 provinces? autonomous regions and municipalities ? 1?5). cases #ere reported S32S patients #ere cured and discharged 9?+1+ cases ? 59+ cases of death ? mortality 6"11I " 4early a thousand cases of medical staff infection and death in )+ cases" 3ugust 06? )**5 >eijing Ditan Hospital last t#o homes #ere cured " %inally a designated hospitals <nd :as$ "

Legislative significance 2egulations for the purposes of establishing and improving public health emergencies emergency system provides important legal protection of the #hole society ? for effective response to the current or possible future harm to public health emergencies ? the protection of public health and safety ? and maintain normal social order #ill play an important role" 2elated processes )**5"1"+ public health emergencies <mergency 2egulations )**5"00 public health emergencies and infectious disease surveillance information reporting revised 3dministrative Measures *6", )**9 national contingency plans for public health emergencies )**6"0 overall state of public emergency contingency plans )**6B)B), national public health emergency contingency plans )**.","5* ' <mergency 2esponse La# ' 2evise Hasty implementation fla#/ 4ot fully demonstrated ? it is inevitable there are some omissions or difficulty in enforcement provisions :he lac$ of higherBlevel la#s guiding :here is convergence #ith other relevant legal issues January ,? )*00 under the ' repeal and modify some of the State 7ouncil on the decision of administrative regulations ' has been revised" :he definition of public health emergencies ( 3 - the concept of Public health emergencies is a sudden ? causing or threatening to cause serious harm to the public health major infectious diseases ? mass une=plained illness? major food and occupational poisoning and other serious impact on public health events" ( :#o - features Sudden ? public? serious harm 7lassification Major infectious diseases Eroups of diseases of un$no#n causes

Major food poisoning and occupational Ather serious impact on public health events Major infectious diseases ( 3 - outbrea$s of plague ? pulmonary anthra= and cholera outbrea$s C ( ) - animal plague ? brucellosis and anthra= epidemic C ( 5 - > and 7 class infectious disease outbrea$s or deaths C ( 9 - occurrence of rare or eliminate infectious diseases C ( 1 - occurrence of ne# suspected cases of infectious diseases C ( 6 - may cause serious impact on public health and social stability infection Disease outbrea$s ? as #ell as higher level health administrative departments temporary provision epidemic " ;nfectious diseases are divided into 3? > and 7 classes" D ;nfectious diseases means/ Plague? cholera" 7lass infectious diseases / S32S? 3;DS? viral hepatitis ? polio? human infection #ith highly pathogenic avian influen a ? measles ? epidemic hemorrhagic fever ? rabies? Japanese encephalitis ? dengue fever? anthra=? bacterial and 3mi Pa$istan dysentery ? tuberculosis? typhoid and paratyphoid ? epidemic cerebrospinal meningitis ? #hooping cough? diphtheria ? neonatal tetanus ? scarlet fever? brucellosis ? gonorrhea ? syphilis ? leptospirosis ? schistosomiasis and malaria" 7lass 7 infectious diseases / ;nfluen a? mumps ? rubella ? acute hemorrhagic conjunctivitis ? leprosy? epidemic and endemic typhus ? leishmaniasis ? echinococcosis ? filariasis? in addition to cholera ? bacillary and amoebic dysentery ? typhoid and paratyphoid infections other than diarrhea " Ather public health emergencies ( 3 - the number of poisoning deaths occurred more than 5* persons ? or more than one case of drin$ing #ater? food poisoning C D ( ) - shortBterm occurrence of three or more persons or more than one case of death occupational poisoning incidents C D ( 5 ha ardous chemicals chemicals ? biological to=ins cause acute poisoning collective C D ( 9 - there is a potential threat to infectious animal hosts ? vectors abnormal C D ( 1 iatrogenic infection outbrea$ C D ( 6 - Drug induced mass reaction or death C D ( . - due to mass vaccination reaction or death C ( , - a serious threat or ha ard to public health of the #ater ? the environment? food contamination and radioactive ? to=ic and harmful chemical substances lost? lea$s and other incidents C D ( + - groups of diseases of un$no#n causes C D ( 0* - occurring biological? chemical ? nuclear and radiation terrorist attac$s C D ( 00 - student by accident? suicide or homicide deaths occurred more than one case of an event C D ( 0) - temporary Provisions higher level health administrative departments of other major public health emergencies" 7lassification of public health emergencies 3ccording to the nature of public health emergencies ? the degree of harm involved in the

scope of public health emergencies is divided into four " Particularly significant public health emergencies ( level - red alert Major public health emergencies ( grade - orange #arning Larger public health emergencies ( level - yello# #arning Eeneral public health emergencies ( grade - blue #arning Particularly significant public health emergencies ? including/ Pneumonic plague ? pulmonary anthra= in large cities and accompanied by diffusion occurs trend ? or pneumonic plague ? pulmonary anthra= outbrea$ spread to t#o more provinces ? and a further tendency to spread "