Source: Ministry of Health website
National Standards for Food Safety Management Practices
(Ministry of Health Order No. 77)
"National Standards for Food Safety Management Approach¡± was approved by Ministry of Health of PRC in Sep.20th and is to be released. It shall come into force since Dec. 1th, 2010."
Minister Chen Zhu
Oct. 20, 2010
Chapter I General Provisions
Article 1 to regulate the system of national food safety standards (revision) of work, according to ¡°Food Safety Law¡± and its implementing regulations, the development of this approach.
Article 2 National food safety standard should be developed to protect public health for the purpose of food safety risk assessment based on the results, so that scientific and rational, transparent, safe and reliable.
Article 3 The Ministry of Health is responsible for the third national food safety standard system (revising) work.
The Ministry of Health set up national food safety standards evaluation committee (hereinafter referred to as the Review Committee) to review the draft national food safety standards, national standards for food safety to provide advice. Professional Committee for the Review Sub-Committee and the Secretariat established.
Article 4 national food safety standard system (revising) the work, including planning, program, project, drafting, review, approve, publish and modify and review and so on.
Article 5 encourage citizens, legal persons and other organizations in the system of national food safety standards (revision) of the work, comments and suggestions.
Chapter II, plans and project
Article 6 The Ministry of Health in conjunction with administrative departments of agriculture, quality supervision, industry and commerce administration and the State Food and Drug Administration and the State Department of Commerce, Industry and Information Technology and other departments to develop national standards for food safety, planning and implementation plan.
Article 7 National food safety standards of of the planning and implementation plan should be clear national standards for food safety objectives of recent developments, the implementation of programs and security measures.
Article 8 Of the Ministry of Health Planning, according to national standards for food safety and food safety implementation plan and the need for national food safety standard system (revising) program.
Article 9 Of the departments that oversee the department¡¯s areas of need for national food safety standards, it should be compiled in the annual system of national food safety standards (revision) scheme, the Ministry of Health project proposals. Project proposals should include important issues to be addressed, project background and reasons for, the existing food safety risk monitoring and assessment basis, candidate for the drafting of the standard unit, and project proposals are sorted according to priorities.
Any citizens, legal persons and other organizations may submit project proposals national food safety standards.
Article 10 proposed national standards for food safety project, shall comply with the ¡°Food Safety Law,¡± Article twenty.
Article 11 Review Committee in accordance with food safety standards, work requirements, national standards for food safety research project proposals to the Ministry of Health to develop national food safety standard system (Revised) to provide program advice.
Article 12 Of the Ministry of Health announced the national food safety standards in the planning, implementation planning and system (revising) scheme, should be to the public for comments.
Article 13 National food safety standard system (revising) plans in the implementation process can be adjusted according to actual needs.
According to the food safety risk assessment and food safety supervision on major issues found can be added to the emergency system of national food safety standards (revision) of the project.
Article 14 Of the Ministry of Health to take tender, commissioned in the form, selecting the appropriate technical capabilities of the units have borne the drafting of national food safety standards work.
Article15 Advocated by the research institutions, educational institutions, academic groups, industry associations and other units jointly drafted Standard Drafting Collaborative Group criteria.
Article 16 Take the standard drafting of Article XVI of the unit should be competent with the Ministry of Health, Food Safety Division Bureau signed the national food safety standard system (revising) an entrustment agreement on the project.
Article 17 drafting national standards for food safety, food safety risk assessment should be based on the results of agricultural product quality and food safety risk assessment is mainly based on full consideration of social and economic development and the need for objective reality, with reference to the relevant international standards and international food safety risk assessment.
Article 18 And the drafting of the standard drafting unit responsible person in the drafting process should be thorough investigation and study, to ensure that standards in the drafting of scientific authenticity. Standard drafting is complete, use the unit standards should be sought in writing, research institutions, industries and enterprises, consumers, experts, regulators and other opinions. Comments, should be prepared to provide standard instructions.
Article 19 Commissioned the drafting unit shall be completed within the time limit stipulated in the agreement and seek advice on the drafting work, and will promptly submit the review to trial materials, Secretariat of the Commission (hereinafter referred to as the Secretariat).
Article 20 Draft national standards for food safety review in accordance with the following procedures:
(a) of the Secretariat preliminary examination;
(b) of the Professional Committee for the Review Sub-Committee meeting of the review;
(c) Review of the Commission meeting.
Article 22 Twenty-two initial review by the Secretariat of the criteria adopted by the Ministry of Health Web site for public comment. Public comment period is usually two months.
Article 23 Twenty-three secretariat will send the feedback collected drafting, the drafting unit shall conduct a study on the feedback, and to improve the standard of the manuscript, not the adoption of the views should be stated reasons.
Article 24 Sub-committees responsible for standards of professional scientific and practical review. Standard of review shall be conducted in more than two thirds (including two thirds) of members present. Review taken by consensus. In the case of no consensus, should be fully discussed on the basis of the vote. More than three-quarters of participating members (including three-quarters) agreed, and the standard of the audit.
Professional sub-committee meeting should be prepared to record the discussion, major differences of opinion and Treatment.
Did not pass the review of standards, professional standards sub-committee drafting unit shall issue a written document describing the reasons were not adopted and proposed amendments. The revised standard was drafted, again brought to trial.
Review approved in principle but need to modify the standard advice of the review by the Secretariat to modify; professional sub-committee to decide on specific standards of the revised joint hearing or Hanshen again.
Article 25 professional standards sub-committee reviewed and approved by the Specialty Committee chairman signed the review comments, the Commission submitted to the review session.
Article 26 Review Commission meeting examined and adopted the draft standard by the Review Committee shall be signed by the chief technical division deliberations.
Review does not pass the standards, the review committee shall issue a written opinion, the reasons that were not adopted.
After consideration decided to change the retrial, the Secretariat should be based on review of the amendments proposed by the Commission to modify organizational standard is drafted, the re-trial.
Article 27 After review pass the standards, the application units should submit all the materials needed within the time specified by the Secretariat.
Article 28 Secretariat for approval, after review of materials submitted to the Ministry of Health Center for Health Supervision.
Article 29 Monitoring Centre Ministry of Health Sub-Committee should be reviewed in accordance with professional advice and review of the Commission meeting to consider the views of the standard approval of the content and format of materials to review, audit opinion and feedback to the Secretariat .
Auditing standards adopted by the supervision center by the Ministry of Health submitted to the Ministry of Health.
Article 30 Special cases, the Health Ministry to adjust the draft national food safety standards for public comment period, and directly by a professional sub-committee meetings, joint review meeting of directors of the review committee.
Article 31 draft national food safety standards to perform in accordance with the provisions of the World Trade Organization (WTO) notification process.
Chapter approved and published
Article 32 Review The criteria adopted by the Ministry of Health in the form of release.
Article 33 The food safety standard since the release within 20 working days from the date of the Ministry of Health published on the website for public inspection free of charge.
Article 34 Ministry of Health is responsible for the interpretation of national standards for food safety work. Interpretation of national food safety standards to the Ministry of Health issued a document published in the form of national standards and food safety have the same effect.
modify and review of Chapter
Article 35 After the publication of The food safety national standards, individual elements need to be adjusted, the Ministry of Health bulletin form of modified release a single national food safety standards.
Article 36 The food safety after the implementation of national standards, the review committee shall review in due course, propose to continue to effectively amend or repeal proposal. On the need to revise the national standards for food safety, food safety should be rapidly incorporated into the revised national standards for project plans.
Article 37 Review Committee shall organize the Ministry of Health, provincial health authorities and relevant units to track the implementation of the standard evaluation.
Any citizens, legal persons and other organizations during the implementation of standards can be a problem in the comments and suggestions.
Chapter VII Supplementary Provisions
Article 38 The food safety standard system (Revised) to provide funds into the financial budget and financial system in accordance with relevant state management practices and management of special funds.
Article 39 National food safety standards are scientific and technological achievements, and as a standard assessment of the main drafters of the basis for professional and technical qualifications.
Article 40 Pesticides in food, veterinary drug residue standard system (revising) the work should be based on the Ministry of Health, Ministry of Agriculture regulations.
Number of national food safety standards should be based on the work of the Ministry of Health and the National Standards Commission¡¯s advisory opinion and the relevant regulations.
Article 41 Local food safety standards system (revising) can refer to these Measures.
Article 42 This approach shall come into force since December 1, 2010.