The State Administration for Market Regulation answered reporters' questions on the "Provisions on the Supervision and Administration of the Implementation of the Main Responsibility of Food Safety by Enterprises"

Reporter Wang Wei

A few days ago, the State Administration for Market Supervision issued the "Provisions on the Supervision and Administration of the Implementation of the Main Responsibility of Food Safety by Enterprises" (hereinafter referred to as the "Provisions"), further implementing the decision-making and deployment of the Party Central Committee and the State Council, implementing the relevant provisions of the Food Safety Law and its implementing regulations, urging enterprises to implement the main responsibility for food safety, strengthening the food safety responsibility of the main responsible person of the enterprise, and standardizing the behavior of
food safety management personnel.

[Reporter] What is the background and significance of the promulgation of the "Provisions"?

A: In recent years, with the joint efforts of all parties, the awareness of the main responsibility and legal awareness of food production and operation enterprises has been significantly improved, and the food industry has made great progress
.

The promulgation of the "Provisions" will promote enterprises to further establish and improve the food safety responsibility system, complete and strengthen food safety management personnel, and improve the food safety main responsibility system
.

Reporter: What is the legal basis for food production and trading enterprises to appoint food safety directors and food safety personnel such as food safety directors and food safety personnel?

Answer: Articles 33 and 44 of the Food Safety Law of the People's Republic of China require food production and trading enterprises to be equipped with food safety management personnel, and food production and trading enterprises shall be equipped with food safety professional and technical personnel and food safety management personnel
in accordance with law.

Reporter: Do food safety directors and food safety officers have to be full-time personnel?

A: Food safety directors and food safety officers can be full-time or part-time
.

Reporter: In addition to the enterprises specified in Article 5 of the Provisions, do other enterprises need to be equipped with food safety directors? Does the name have to be called Food Safety Director?

A: Article 5 of the Provisions specifies the types
of food production and operation enterprises that should be equipped with food safety directors.

Reporter: Is there a regulation on the number of food safety directors and food safety personnel?

A: Food production and operation enterprises are equipped with at least 1 food safety officer, according to the scale of the enterprise, food type, risk level, management level, safety status, etc.

Reporter: For enterprises that have established food safety management departments, can they retain their original organizational structure and staffing?

A: For enterprises that have established a food safety management department and equipped with corresponding food safety management personnel, they can retain the original departments and personnel allocations of the enterprises, but ensure that they can perform the corresponding duties
of food safety directors and food safety personnel in accordance with the requirements of the Provisions.

Reporter: The "Provisions" require food production and trading enterprises to formulate daily control, weekly inspection, and monthly scheduling work systems and mechanisms on the basis of self-inspection work.

A: Article 47 of the Food Safety Law of the People's Republic of China clearly stipulates that food producers and traders shall establish a food safety self-inspection system and regularly inspect and evaluate
the food safety status.

Reporter: What is the relationship between the original food safety risk control mechanism of food production and trading enterprises and daily control, weekly inspection and monthly scheduling? Does it need to change?

A: Food production and trading enterprises can increase the frequency of control, inspection and scheduling according to the needs of production and operation, but they cannot be lower than this requirement
.

Reporter: Do food production and trading enterprises need to implement relevant systems during the period of suspension of work and production?

Answer: After the food production and trading enterprises stop work and stop production, they can temporarily not implement daily control, weekly inspection, and monthly scheduling, and the relevant situation should be truthfully recorded and archived for future reference
.

Reporter: Do enterprises need to implement the "Daily Food Safety Inspection Record", "Weekly Food Safety Inspection and Governance Report" and "Monthly Food Safety Scheduling Meeting Minutes" proposed in the "Provisions"?

Answer: Food production and operation enterprises shall establish the "Daily Food Safety Inspection Record", "Weekly Food Safety Inspection and Governance Report" and "Monthly Food Safety Scheduling Meeting Minutes" in accordance with the requirements, and the name of the document can be adjusted according to the actual situation of the production and operation of the enterprise, but it is necessary to ensure that the daily control, weekly inspection and monthly scheduling work are recorded and verifiable
.

Reporter: If the food safety director and food safety officer of the food production and operation enterprise fail to pass the random assessment organized by the market supervision and management department, how to deal with it?

Answer: Article 44 of the Food Safety Law of the People's Republic of China requires food production and trading enterprises to be equipped with food safety management personnel, and food production and trading enterprises shall appoint food safety management personnel in accordance with the law, strengthen their training and assessment, and those who do not have food safety management capabilities after assessment shall not take up their posts
.

Responsible editor: Xiao Zhihan Review: Wang Jinchen