The responsibility of food producers and operators for labelling

Labeling has always been a place of concern for food enterprises, so when there is a label non-compliance, how should the responsibilities of food producers and food operators be distinguished?

1.

Food producers are units, individuals or other organizations

Food business operators refer to units, individuals or other organizations

According to the first judgment of Article 35 of the Food Safety Law, the Measures for the Administration of Food Business Licenses and the relevant provisions of the Measures for the Administration of Food Production Licenses, food production and food business in China are two relatively independent concepts

The provisions of the three laws and regulations corresponding to the main legal liabilities of label identification:

Food producers: Articles 46, 50, 51, 52 and 63 of the Food Safety Law;

Food business operators: Articles 53, 54, 57, 58, 60 - 60, 63, 68, 70, 136 of the Food Safety Law;

Food producers and traders: Articles 34, 47, 48, 63, 67, 70 - 73, 78, 97 and 98 of the Food Safety Law

2.

Authenticity: 1.

Whether it is a food producer or a food business operator, as long as the label and instruction manual are marked by them, they should be responsible for

Basis: Paragraph 1 of Article 71 of the Food Safety Law stipulates that ".

Authenticity: (1) Food labels and instructions are marked with the net content of food, production date, ingredients or ingredients related information, and the manufacturers and operators who provide labels and instructions shall be responsible for

(2) Where producers and traders make guarantees or commitments to the quality and service of products on the labels and instructions of food, they shall be responsible for

(3) If the content contained in the label and instruction manual of the food is inconsistent with the facts, the producer and operator shall bear the corresponding legal responsibility

2.

According to the provisions of article 125, paragraph 1, item (2) of the Food Safety Law, if a food label or instruction violates relevant laws and regulations, even if the label or instruction is not made by a food business operator, it shall bear the corresponding legal responsibility, but the legal obligations of food business operators and food producers are not the same

3.

When a food business operator meets the conditions stipulated in Article 136 of the Food Safety Law, the food and drug administration may exempt him from punishment, but shall confiscate the food that does not meet the food safety standards in accordance with the law and dispose of

3.
Judgment process

For labels, there are three cases:

(1) Legal
.
If the product involved in the case has no other illegal problems and meets the requirements of the closing standards, the case
shall be closed.

(2) Defects
.
Disposal
shall be carried out in accordance with the provisions of paragraph 2 of Article 125 of the Food Safety Law.

(3) Violation of the law
.
Further identify and deal
with the responsibilities of food business operators.
Liability for violation of the law is divided into the following two cases:

If the label of the product involved in the case is marked by the food business operator, the food business operator shall be responsible for the authenticity and legality of the label content provided by it, and the exemption provisions of Article 136 of the Food Safety Law shall no longer apply, and the illegal acts of the food business operator shall be identified and dealt with
in accordance with the relevant provisions of the Food Safety Law.

The labels of the products involved in the case were marked by the food producers and were treated as follows:

(1) Where, upon investigation, a food business operator meets the circumstances provided for in Article 136 of the Food Safety Law, it may be exempted from punishment, but it shall confiscate the food that does not meet the food safety standards in accordance with law;

(2) If, upon investigation, a food business operator does not meet the circumstances stipulated in Article 136 of the Food Safety Law, he shall be punished
in accordance with the provisions of Item (2) of the first paragraph of Article 10015 of the Food Safety Law.

About the Food Safety Law

Standards for the application of Article 136

(1) The business operator has fulfilled the obligations
such as incoming goods inspection stipulated in the Food Safety Law.

Food business operators shall fulfill the provisions of Article 53 of the Food Safety Law,

First, the supplier's license and food factory inspection certificate or other certificate
of conformity should be checked.
For food conformity certificates, it is possible to provide factory inspection reports, inspection and quarantine certificates or other inspection reports and other supporting documents for the products involved in the case;

Second, in addition to the inspection obligations stipulated in the first paragraph, food trading enterprises shall also carry out food purchase inspection records, truthfully record the name, specification, quantity, production date or production batch number, shelf life, purchase date, and supplier name, address, contact information and other contents of the food, and save the lost certificate
.
The retention period of records and vouchers shall comply with the provisions of Paragraph 2 of Article 50 of the
Food Safety Law.

(2) The business operator has sufficient evidence to prove that the food he did not know that the food he purchased did not meet the food safety standards
.

1.
Principles of handling
.

The operator bears the burden of proof to prove that he is indeed unaware that the food he is purchasing does not meet food safety standards
.
However, if the consumer provides evidence to the contrary that can prove that the business operator is aware, the business operator cannot be exempted from punishment
.

2.
Identification criteria
.

(1) The operator first needs to provide the food qualification certificate to prove that it has fulfilled the "purchase inspection obligation", and then it needs to provide other evidence to prove that it does not know that the food it is purchasing does not meet the food safety standards, such as the testing qualification report
of the food inspection agency.

It is recommended that the operator require the producer to provide the food inspection agency's inspection report specifically for whether the food labeling complies with the General Principles of Prepackaged Food Labeling, or the inspection report containing the food labeling inspection items, inspection standards and corresponding inspection conclusions
.
At the same time, operators are reminded to check whether the labeling of the purchased food is consistent
with the content of the label marking sent for inspection.

(2) Food business operators who have any of the following circumstances shall be deemed to have "knowingly" purchased food that does not meet food safety standards:

(1) Prepackaged food without food labels;

(2) The prepackaged food lacks the provisions of items (1) to (8) and (2) of the first paragraph of Article 67 of the Food Safety Law, or fails to fulfill the obligation of reasonable review of the above contents;

(3) Other situations
that clearly violate food safety standards.

(3) Business operators can truthfully explain the source of
their purchases.
The operator can provide the supplier's name, address, contact information, and verify that it is true
.

Attached are the relevant legal provisions of the Food Safety Law