News from our newspaper (Ju Wen) In order to implement the decision-making and deployment of the Party Central Committee and the State Council, implement the "Opinions on Deepening Reform and Strengthening Food Safety Work" (hereinafter referred to as "Opinions") and "Regulations on the Food Safety Responsibility System for Local Party and Government Leading Cadres" (hereinafter Referred to as the "Regulations"), further standardize food safety sampling inspections, strengthen food safety supervision and management, and protect public health and life safety. The "Measures for the Administration of Food Safety Sampling Inspection" formulated by the State Administration of Supervision and Administration (State Food and Drug Administration Order No. 11, hereinafter referred to as the "Measures") has been revised. The "Measures" were reviewed and approved at the 11th executive meeting of the State Administration for Market Regulation on July 30, 2019, and will come into force on October 1, 2019. The main revisions include:

(1) Implement the requirements of the "Opinions" and improve the meaning and scope of food safety sampling inspection. Efforts should be made to improve the targeting of supervision, and food safety sampling inspections should be divided into supervisory sampling inspections, risk monitoring, and evaluative sampling inspections according to different work purposes and working methods. For the first time, it is clarified that evaluative sampling inspection refers to the activities of conducting sampling inspection in accordance with statutory procedures and food safety standards to evaluate the overall safety status of food on the market, and it is clarified that evaluative sampling inspection can be organized by referring to the relevant provisions of these measures. At the same time, adhere to the combination of principle and flexibility, for the evaluation sampling inspection and the sampling inspection of catering food and edible agricultural products, it is stipulated that the market supervision and management department can refer to the regulations on food safety supervision and sampling inspection in this method.

(2) Adhere to problem orientation and improve sampling procedure requirements. The first is to implement the requirements of "double random and one disclosure", clarifying that the food safety sampling work should comply with the requirements of randomly selecting sampling objects and randomly determining sampling personnel. The second is to address the differences between on-site sampling and online sampling in terms of notification of rights and obligations, on-site information collection, sample sealing, signature and seal confirmation, etc., respectively improve the procedural requirements that should be fulfilled in on-site sampling and online sampling. Fee payment, information collection, sample collection, etc. shall be stipulated. The third is to focus on solving outstanding problems in practice, and further clarify and improve the time limit for various links involving sampling, inspection, and sample transfer in accordance with the law. The fourth is to adhere to inclusive and prudent supervision, and clarify that market supervision and management departments can refer to the provisions of these measures on online food safety supervision and random inspections to organize random inspections of food operators without actual operating personnel such as vending machines and unmanned supermarkets.

(3) Improve the re-inspection procedures. Adjusted the time limit for applying for re-inspection, the method of determining the re-inspection institution, and clarified the time limit for the handover of re-inspection backup samples, report submission, and result notification. It is stipulated that the confirmation of re-inspection backup samples shall be implemented and recorded by the re-inspection institution, and the previous practice of tripartite confirmation by the re-inspection institution, the initial inspection institution, and the re-inspection applicant shall be changed to improve work efficiency.

(4) Improve sampling objection handling procedures. Protect the rights and interests of food producers and operators in accordance with the law, include sampling, inspection and judgment basis in the scope of objection applications, and clarify the objection objectors for different objection situations. At the same time, it supplemented and perfected the time limits and procedures for objection filing, acceptance, review, and result notification to improve work efficiency.

(5) Strengthen verification and disposal measures. Implement territorial supervision responsibilities, improve the information notification mechanism for supervision and sampling inspections, further clarify the notification procedures for sampling inspections organized by the General Administration, sampling inspections involving cross-provincial administrative regions, local organizations, and network sampling unqualified food, and clarify that through the food safety sampling inspection information system. Notification, improve the timeliness of notification, so that the regulatory authorities can deal with and control risks in a timely manner. (Download version 2)

(6) Implement the "four most stringent" requirements. Strict sampling management requires sampling units to establish a food sampling management system, clarify job responsibilities, sampling procedures and work discipline, strengthen training and guidance for sampling personnel, and ensure the quality of sampling work. Strict inspection standards, clarifying that supervision and sampling inspections should adopt the inspection items and inspection methods stipulated in food safety standards. Strictly manage inspection institutions, specify that inspection institutions should respect science and abide by professional ethics when conducting inspections, ensure that the inspection data and conclusions issued are objective and fair, and must not issue false inspection reports. At the same time, implement the Food Safety Law and its implementation regulations, which stipulate that if there are no food safety standards, temporary limit values, temporary inspection methods or supplementary inspection methods formulated in accordance with laws and regulations should be adopted.

(7) Strengthening legal responsibilities. The first is to increase the penalties for food producers and operators who refuse, obstruct or interfere with sampling inspection, risk monitoring and investigation and handling without justified reasons, refuse to recall or stop operations, and provide false certification materials to apply for objections. The second is to strengthen credit punishment. It is stipulated that the results of supervision and random inspections and relevant information on the inspection and disposal of unqualified food should be recorded in the credit files of food producers and operators as required; Enterprise credit information publicity system. For those with serious illegal and untrustworthy conduct, implement joint punishments in accordance with regulations. The third is to strengthen the management responsibility of the inspection agency. In addition to handling illegal activities in accordance with the law, it is stipulated that the market supervision and management department shall not entrust it to undertake sampling inspection tasks for five years; Re-entrust. The fourth is to strengthen the constraints on re-inspection agencies undertaking re-inspection tasks, and clarify that those who refuse to undertake re-inspection tasks twice within one year without justifiable reasons will have their re-inspection agency qualifications revoked and announced to the public.

"China Quality News"
(Responsible editor: Miya )