Governor Yu Weiguo 20 17 12.29
Measures of Fujian Province on Traceability Management of Food Safety Information
Article 1 In order to strengthen the traceability management of food safety information, implement the main responsibility of food producers and operators, improve the efficiency of food safety supervision, and protect public health and consumers' right to know, these measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC), the Law on Quality and Safety of Agricultural Products of People's Republic of China (PRC), the Food Safety Regulations of Fujian Province and other relevant laws and regulations, and in combination with the actual situation of this province.
Article 2 Within the administrative region of this province, a food safety information traceability system of one product and one yard shall be implemented for food and edible agricultural products, and safety information traceability management shall be implemented for production (including planting, breeding and processing), circulation (including sales, storage and transportation) and catering services.
The term "one product and one yard" as mentioned in the preceding paragraph refers to assigning a unique identification traceability code to the same variety and batch of food and edible agricultural products in accordance with the prescribed traceability coding rules.
Article 3 The following foods and edible agricultural products shall be subject to the traceability management of food safety information with one product and one yard (hereinafter referred to as traceability food):
(1) Grain and its products;
(2) Animal products and their products;
(3) Poultry products and their products; (4) vegetables; (5) fruit; (6) Aquatic products; (7) bean products; (8) Dairy products; (9) Edible oil; (10) salt; (eleven) local specialty foods, other types of foods and edible agricultural products approved by the Food Safety Committee of the provincial people's government.
The specific categories and varieties of traceable food and the time for implementing information traceability management shall be determined by the administrative departments of food and drug supervision and management, agriculture, marine and fishery in the province, and announced to the public after being approved by the Food Safety Committee of the provincial people's government.
Article 4 Fujian Province shall establish a unified food safety information traceability management platform, collect the traceability system information of relevant administrative departments, and realize the * * * enjoyment of traceability food and producers and operators through technical means such as code identification and identity information comparison and verification management.
Article 5 People's governments at or above the county level shall uniformly lead, organize and coordinate the food safety information traceability within their respective administrative areas, establish a food safety information traceability system, improve the traceability management coordination mechanism, implement the territorial supervision and management responsibility system, incorporate the funds required for food safety information traceability management into the fiscal budget at the corresponding level, and evaluate the food safety information traceability work carried out by relevant departments.
The administrative departments of food and drug supervision and administration, agriculture, marine and fishery, and grain of the people's governments at or above the county level shall, according to their respective functions and duties, supervise and inspect the production operators to implement the management of traceability records of one product and one yard.
The food and drug supervision and administration department of the sixth provincial people's government is responsible for the organization, promotion and comprehensive coordination of food safety information traceability in this province, and specifically undertakes the following duties:
(1) Take the lead in building a traceability management platform for food safety information in Fujian Province;
(two) the construction, operation and maintenance, popularization and application of prepackaged foods information traceability management system, and do a good job of docking and data push with Fujian food safety information traceability management platform;
(3) Producers and operators of food production, sales, catering services and sales of edible agricultural products shall implement the responsibility of food safety information traceability as stipulated in these Measures, implement the market access system for edible agricultural products, and implement supervision and management and administrative law enforcement.
The administrative department of agriculture of the seventh provincial people's government shall undertake the following duties:
(a) improve and implement the system of quasi-out of the source link of edible agricultural products cultivation and breeding, ensure that the origin of edible agricultural products is given traceability code, and unify the certificate format of quasi-origin;
(2) Construction, operation, maintenance, popularization and application of traceability management system for planting, primary processing and livestock slaughter of edible agricultural products, and docking and data push with Fujian food safety information traceability management platform;
(three) the producers and operators of edible agricultural products cultivation, primary processing and livestock slaughter shall implement the responsibility of food safety information traceability as stipulated in these Measures, and implement supervision and administration and administrative law enforcement.
Article 8 The administrative department of marine and fishery of the provincial people's government shall undertake the following duties:
(1) Improve and implement the quasi-export system of edible aquatic products at the source, ensure that the origin of edible aquatic products is given traceable codes, and unify the format of the certificate of origin for quasi-export;
(two) the construction, operation and maintenance, popularization and application of the traceability management system of edible aquatic products breeding information, and do a good job of docking and data push with the traceability management platform of food safety information in Fujian Province;
(3) Operators of aquaculture and primary processing of edible aquatic products shall implement the responsibility of food safety information traceability as stipulated in these Measures, and implement supervision and administration and administrative law enforcement.
Article 9 The grain administrative department of the provincial people's government shall undertake the following duties:
(a) the construction, operation, maintenance and promotion of food information traceability management system, and do a good job of docking and data push with Fujian food safety information traceability management platform;
(II) Producers and operators involved in the purchase, storage, transportation, processing and sales of raw grain and policy grain shall implement the responsibility of food safety information traceability as stipulated in these Measures, and implement supervision and management and administrative law enforcement.
Article 10 Entry-exit inspection and quarantine institutions shall undertake the following duties:
(a) according to the requirements of food safety information traceability management, responsible for providing relevant traceability information of imported food and edible agricultural products within its jurisdiction;
(two) do a good job of docking and data push with Fujian food safety information traceability management platform.
Article 11 The quality and technical supervision department of the provincial people's government is responsible for organizing the formulation of local standards such as food safety traceability code rules, traceability data transmission formats, interface specifications, etc. when there are no national standards and industry standards.
Twelfth provincial people's government development and reform, finance, commerce, forestry, letters, industry and commerce, health and family planning and other administrative departments in accordance with their respective responsibilities, * * * do a good job in food safety information traceability.
Thirteenth the following traceability food producers and operators shall upload accurate, standardized and complete electronic information in accordance with the provisions:
(1) Food production enterprises;
(2) Edible agricultural products and aquatic products production enterprises: including edible agricultural products and aquatic products planting and breeding enterprises, farmers' specialized cooperative economic organizations and livestock slaughtering plants (fields);
(3) Grain and policy-oriented grain management enterprises;
(4) Food wholesale operators: including food importers, food wholesale sellers and storage and transportation service enterprises concurrently engaged in food wholesale business;
(5) Specific food retail operators: including large-scale food retail enterprises and food sales enterprises that implement unified distribution management;
(6) Specific catering service providers: including restaurants, school canteens (including kindergarten canteens), canteens of government agencies, enterprises and institutions, collective dining distribution units and central kitchens.
The scope and implementation time of the canteens of restaurants, organs, enterprises and institutions that upload information as stipulated in Item (6) of the preceding paragraph shall be determined by the provincial food and drug supervision and administration department according to law.
Fourteenth traceable food producers and operators are the first responsible person for food safety traceability. We should strictly implement the responsibility of inspection and preservation of purchase vouchers and tickets, establish an electronic record ledger, truthfully collect and record information traced back to food production, sales, storage, transportation, recall, disposal and other production and operation processes, realize traceability of food sources and destinations, and strengthen quality and safety management and risk control measures in the whole process.
Fifteenth Fujian Province food safety information traceability management platform to collect enterprise name, legal representative or person in charge of the name, address, contact information, production and business license, business license, unified social credit code and other qualification certification materials. Trace back to food producers and operators, and establish electronic files of producers and operators.
Where the information specified in the preceding paragraph changes, the relevant producers and operators shall update the relevant contents of the uploaded electronic documents within 24 hours from the date of change.
Article 16 Traceable food producers and operators shall implement source distribution management in accordance with the provisions:
(a) food production enterprises put traceability codes on products before they leave the factory;
(two) edible agricultural products and aquatic products production enterprises give traceability codes before the products are listed;
(three) food, policy food business enterprises in the grain storage before giving traceability code;
(four) food importers or wholesale operators in overseas and provincial products listed in the province before giving traceability code.
The traceability code can be printed or pasted on the product package, container or attached label, and the information recorded by the traceability code should be consistent with the goods.
Seventeenth food production enterprises shall upload the following information in accordance with the provisions:
(a) the name, brand, specification, quantity, production date or batch number, shelf life, purchase date, supplier's name, address and contact information of the purchased food raw materials, food additives and food-related products;
(2) Traceability code, name, brand, specification, quantity, production date or batch number, shelf life, inspection certificate number, sales date, name, address and contact information of the purchaser of the food sold ex-factory.
Eighteenth edible agricultural products, aquatic products planting and breeding enterprises, farmers' professional cooperative economic organizations, livestock slaughter plants (fields) shall upload the following information in accordance with the provisions:
(a) the name, brand, source, usage and dosage of the agricultural inputs used, and the date of use and discontinuation of the drugs;
(two) the date of harvest, slaughter or fishing;
(3) Traceability codes, names, brands, quantities, sales dates, names, addresses and contact information of buyers of edible agricultural products and aquatic products on the market;
(four) the certificate of conformity and animal quarantine information of edible agricultural products and aquatic products in the market.
Article 19 Grain and policy grain trading enterprises shall upload grain, policy grain traceability code, grain variety, quantity, place of origin, purchase date, sales (delivery) date, supplier name, address and contact information in accordance with regulations.
Twentieth food wholesale operators and specific food retail operators shall upload the following information in accordance with the provisions:
(1) Traceability code, name, brand, specification, quantity, purchase date and sales date of food, as well as names, addresses and contact information of suppliers and buyers;
(two) the name of the food production enterprise, production date or batch number, inspection certificate number and shelf life;
(3) Approval certificates of edible agricultural products and aquatic products and animal quarantine information.
Twenty-first restaurants, school canteens (including kindergarten canteens), canteens of government agencies, enterprises and institutions, collective dining distribution units, central kitchens and other specific catering service providers shall upload the following information in accordance with the regulations:
(1) Traceability code, name, brand, producer's name, production date or batch number, inspection certificate number, shelf life, quantity, purchase date or delivery date, name, address and contact information of the supplier of the purchased food;
(2) Certificates and animal quarantine information of edible agricultural products and aquatic products purchased directly from edible agricultural products production enterprises or farmers' specialized cooperative economic organizations.
The collective dining distribution unit and the central kitchen should also upload the names, addresses and contact information of the orderer and the distribution store, as well as the name, quantity, specifications, production date, shelf life and other information of the distributed food.
Twenty-second third-party platform providers of online catering services and online catering service providers shall strengthen food safety management, truthfully record the order information of online ordering and the basic information of food delivery personnel, and keep the information for not less than 6 months.
Twenty-third traceability food production and operation enterprises that implement the unified distribution management model can be uniformly inspected and recorded by the enterprise headquarters, and relevant information can be uploaded.
Twenty-fourth retrospective food producers and operators shall upload relevant information within 24 hours after food production and distribution.
Traceable food producers and operators may authorize relevant administrative departments to directly extract information from corresponding information systems.
Twenty-fifth retrospective food producers and operators shall be responsible for the authenticity of the uploaded information, and shall not upload false information.
Relevant valid electronic certificates uploaded by producers and operators to the food safety information traceability management platform can be used as the basis for traceability food inspection in the same batch.
Twenty-sixth traceability food producers and operators shall provide sales bills or electronic record cards with the goods in accordance with the regulations, so that the arrival tickets (cards) are consistent and the ticket (card) accounts are consistent.
Twenty-seventh people's governments at or above the county level and relevant administrative departments shall provide guidance, training and other services for traceable food producers and operators to connect with the traceability management system and upload information.
People's governments at or above the county level and relevant administrative departments may formulate policies and measures to encourage food producers and operators to carry out information traceability.
Article 28 The administrative departments of agriculture, marine and fishery, grain and other departments of the provincial people's government shall ensure the reliable operation of their food safety information traceability systems, ensure that producers and operators upload traceability information safely, conveniently and in batches through open data interfaces, and share data resources with Fujian food safety information traceability management platform in real time.
Twenty-ninth to encourage and support qualified food industry associations, third-party institutions to establish food safety information traceability system, and docking with Fujian food safety information traceability management platform.
Encourage and support relevant institutions to take traceability management of food safety information as an evaluation requirement and incorporate it into quality management system, food safety management system and other certifications, and relevant administrative departments can adopt the results of third-party certification in management.
Thirtieth consumers have the right to know the source, quality and safety information of traceability food from producers and operators or through Fujian traceability management platform and terminal inquiry equipment (tools).
If consumers find that the traceable food provided by producers and operators in violation of the provisions of these Measures cannot be traced back, they can make complaints and reports through the Fujian food safety information traceability management platform or other food safety complaint channels. The relevant administrative departments shall, in accordance with their respective responsibilities, timely verify the handling and inform the complainant of the handling results.
Article 31 The administrative departments of food and drug supervision and management, agriculture, marine and fishery, and grain of the people's government at or above the county level shall incorporate the traceability management of food safety information into the annual supervision and management plan, and strengthen the supervision and inspection of producers and operators in fulfilling the traceability responsibility of food safety information through random sampling, full chain verification, data analysis, etc. , and incorporate relevant information into its credit file.
Article 32 Whoever, in violation of the provisions of the second paragraph of Article 15, Article 17, Article 18, Article 19, Article 20, Article 21 and Article 24 of these Measures, fails to establish an electronic ledger in accordance with the provisions and upload food safety traceability information in time shall be investigated and dealt with in accordance with the provisions of Article 98 of the Fujian Food Safety Regulations.
In violation of the provisions of Article 16 of these measures, if the traceable food is not coded and sold in accordance with the provisions, the relevant administrative departments shall order it to make corrections according to their respective duties, and may impose a fine of 5000 yuan to 10000 yuan.
In violation of the provisions of the first paragraph of article twenty-fifth of these measures, the relevant administrative departments shall, in accordance with their respective duties, order them to make corrections and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
In violation of the provisions of Article 26 of these measures, sales bills or electronic record cards are not provided, and the goods tickets (cards) do not match or the ticket (card) accounts do not match, the relevant administrative departments shall, according to their respective duties, order them to make corrections and give them a warning; Refuses to correct, at more than 2000 yuan to 5000 yuan fine.
Article 33 If, in violation of the provisions of these measures, the administrative departments in charge of food and drug supervision and management, agriculture, marine and fishery, grain and their staff members commit any of the following acts, resulting in adverse consequences or influences, the unit to which they belong or the competent department at a higher level shall give a warning or record a demerit to the directly responsible person in charge and other directly responsible personnel according to law; If the circumstances are serious, give a demerit or demotion; If the circumstances are particularly serious, he shall be dismissed from his post:
(1) Failing to perform the duties of traceability management of food safety information;
(2) Failing to perform the duties of building, operating, maintaining and popularizing the food safety information traceability system or platform;
(3) Failing to verify and handle complaints and reports in time as required, or failing to inform the complainant of the handling results.
Thirty-fourth food additives, centralized disinfection tableware with reference to the provisions of these measures to implement food safety information traceability management.
Other food-related products can be implemented with reference to the relevant provisions of these measures.
Thirty-fifth other foods and edible agricultural products that fail to implement the traceability management of food safety information of one product and one yard in accordance with these measures shall abide by the provisions of food safety laws and regulations to ensure the traceability of food.
Article 36 A large-scale food retail enterprise refers to a food retail enterprise with an actual business area of over 6,000 square meters.
Raw grain and policy grain management enterprises refer to enterprises engaged in the purchase, storage, transportation, processing and sales of raw grain and policy grain.
Article 37 These Measures shall come into force on March 1 day, 2065.