GAIN Report - CH9019Page 20 of 21 USDA Foreign Agricultural ServiceGAIN ReportGlobal Agriculture Information NetworkTemplate Version 2.09Voluntary Report - Public distributionDate: 3/11/2009GAIN Report Number: CH9019CH9017China, Peoples Republic ofFAIRS Subject ReportFood Safety Law of the Peoples Republic of China2009Approved by:William WestmanAgBeijingPrepared by:Mark Petry and Wu BugangReport Highlights:On February 28, Chinas National Peoples Congress (NPC) Standing Committee passed the first comprehensive Food Safety Law (FSL) after five years of drafting. The FSL will go into effect on June 1, 2009. This report is an UNOFFICIAL translation of this law.Includes PSD Changes: NoIncludes Trade Matrix: NoAnnual ReportBeijing CH1CHExecutive Summary: On February 28, Chinas National Peoples Congress (NPC) Standing Committee passed the first comprehensive Food Safety Law (FSL) after five years of drafting; the first draft was read in December 2007. The FSL will go into effect on June 1, 2009. For the first time, the Chinese Government uses Western terminology in calling for food safety regulation “from the production line to the dining table.” Key organizational provisions create a state-level Food Safety Commission to oversee food-safety monitoring. This Commission will be composed of members from the Ministry of Health (MOH), Ministry of Agriculture (MOA), General Administration for Quality Supervision, Inspection and Quarantine (AQSIQ), State Food and Drug Administration (SFDA) and the State Administration for Industry and Commerce (SAIC). Other key provisions deal with supervision, monitoring, enforcement, recall, trace back, licensing, registration, and development of standards and regulations.A complete analysis of this law is provided in GAIN Report CH9018. This report is an UNOFFICIAL translation of this law.BEGIN TRANSLATIONFood Safety Law of the Peoples Republic of ChinaThe Food Safety Law of the Peoples Republic of China has been adopted at the 7th Session of the 11th Standing Committee of the National Peoples Congress of the Peoples Republic of China on February 28, 2009, is now issued, and shall be effective as of June 1, 2009.President of the Peoples Republic of ChinaHu Jintao February 28, 2009Food Safety Law of the Peoples Republic of China(adopted at the 7th Session of the 11th Standing Committee of the National Peoples Congress of the Peoples Republic of China on February 28, 2009)Table of Content Chapter 1. General Provisions Chapter 2. Surveillance and Assessment of Food Safety Risks Chapter 3. Food Safety Standards Chapter 4. Food Production and TradeChapter 5. Inspection and Testing of Food Chapter 6. Food Import and Export Chapter 7. Response to Food Safety Incidents Chapter 8. Supervision and Administration Chapter 9. Legal Liabilities Chapter 10. Supplementary Provisions Food Safety Law of the Peoples Republic of ChinaChapter 1: General ProvisionsArticle 1 This Law is formulated to assure food safety and safeguard peoples health and life. Article 2 The following business activities carried out within the territory of the Peoples Republic of China shall abide by this law: 1) Food production and processing (hereinafter referred to as “Food Production”); food distribution and catering service (hereinafter referred to as “Food Trading”); 2) Production and trading of food additives; 3) Production and trading of packing materials, vessels, detergents and disinfectants for food, as well as utensils and equipment used in food production and trading (hereafter referred to as “Food-Related Products”); 4) Food additives and food-related products used by food producers and traders; 5) Safety management of food, food additives and food-related products. The quality and safety management of primary agricultural products for consumption (hereinafter referred to as “Edible Agricultural Products”) shall abide by the Law of the Peoples Republic of China on Quality and Safety of Agricultural Products. However, this Law must be observed when developing quality and safety standards and releasing food safety information on edible agricultural products. Article 3 Food producers and traders shall strictly follow relevant laws, regulations and food safety standards in their business activities, be responsible for the public, ensure the food safety, receive the supervision of the public, and bear the social responsibility. Article 4 The State Council shall establish a Food Safety Committee whose responsibilities will be determined by the State Council. The executive department of health under the State Council is responsible for the overall food safety coordination, risk assessment of food safety, formulation of food safety standards, release of food safety information, development of accreditation criteria for food testing