Provisions on investigating and punishing illegal

2022-08-03
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Article 1: in order to strengthen the supervision and management of food labels, protect the interests of consumers and safeguard the legitimate rights and interests of food producers and sellers, these Provisions are formulated in accordance with the standardization law of the people's Republic of China and the product quality law of the people's Republic of China

Article 2: the labels of prepackaged food produced or sold within the territory of the people's Republic of China must comply with the provisions of the mandatory national standards general standard for food labeling (GB7718), standard for the labeling of alcoholic beverages (gb10344) and special nutritional food labeling (gb13432). Prepackaged food whose food labels do not comply with the above provisions shall not be delivered or sold

Article 3: in case of any of the following conditions on the label of prepackaged food, it shall be corrected within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop production and sales, and a fine of not less than 500 yuan but not more than 1000 yuan or a fine of 10% of the value of the batch of food:

(1) the food label shall be marked without any of the quality grade, product standard number, and the words "irradiated food" (food processed by ionizing radiation line or ionization energy 4, and often lubricated by plastic tensile testing machine)

(II) the items marked on the food label are complete, but do not conform to the four basic principles (Note 1) specified in the general standard for food labeling

(III) the food label does not conform to the general standard for food labeling. One of the six basic requirements (Note 2) specified in

Article 4: in case of any of the following conditions on the label of prepackaged food, it shall be corrected within a time limit and a notice of criticism may be circulated; If it fails to make corrections within the time limit, it shall be ordered to stop production and sales, and a fine of not less than 1000 yuan but not more than 3000 yuan or a fine of 15% of the value of the batch of food:

(1) the food label lacks any of the food name, net content and solid content, the name and address of the producer (sub packer), the production (sub packer) date, and the ingredient list that should be marked but not marked, the shelf life or storage period

(II) the special nutritional food label lacks the food name, and the zigzag stress corrosion test, nutrients, net content, name and address of the manufacturer, production date, shelf life and shelf life, and the eating method can be carried out in the solution tank with appropriate ingredient list and heat configuration

(III) the label of beverage, wine and food lacks any of the wine name, ingredient list, alcohol content, net content, name and address of the producer, production date, and the amount of raw juice, shelf life, product type or sugar content that should be marked but not marked

(4) the label of imported prepackaged food entering the circulation field lacks any of the Chinese food name, net content, name of the country or region of origin (referring to Hong Kong, Macao and Taiwan), production (sub packaging) date, ingredient list that should be marked but not marked, shelf life or shelf life

Article 5: in any of the following cases, the prepackaged food shall be ordered to stop production and sales, the product and illegal sales income shall be confiscated, and a fine of not less than 3000 yuan but not more than 5000 yuan or a fine of 15% to 20% of the value of the batch of food may be imposed:

(1) there is no food label

(2) domestic or imported food without Chinese label

Article 6: in case of any of the following circumstances on the label of prepackaged food, it shall be ordered to stop production and sales, confiscate the product and illegal sales income, and impose a fine of 5000 yuan or a fine of not less than one time but not more than three times the value of the batch of food; If the case constitutes a crime, it shall be transferred to the judicial organ for criminal investigation:

(1) forging or falsely using other people's food labels

(2) forging or tampering with the production date, shelf life or shelf life

(III) make use of the food label to select the type according to the product size that the company needs to test

Article 7: Sales of prepackaged food beyond the shelf life shall be ordered to stop, the food and illegal sales income shall be confiscated, and a fine of 5000 yuan or a fine of not less than one time but not more than five times the value of the batch of food shall be imposed; If the case constitutes a crime, it shall be transferred to a judicial organ for criminal investigation

Article 8: for prepackaged food beyond the retention period, the sales shall be stopped and sent to the legal quality inspection agency for inspection. If the internal quality of the food is qualified, it shall be explicitly sold. If it is not explicitly sold, administrative penalties shall be imposed by referring to Article 3 of these provisions; If the internal quality of the food is unqualified or refuses to provide the inspection report issued by the statutory quality inspection institution, administrative penalty shall be imposed by referring to Article 7 of these provisions

Article 9: in case of violation of the provisions of Article 4 above, where the label of prepackaged food lacks the production date, shelf life or shelf life, the inspection report issued by the statutory quality inspection agency shall be provided. If the internal quality of the food is qualified, administrative punishment shall be given in accordance with Article 4 of these provisions; If the internal quality of the food is unqualified or the food refuses to provide the inspection report issued by the statutory quality inspection institution, administrative penalty shall be imposed by referring to Article 7 of these provisions

Article 10: the administrative department of technical supervision of the people's government at or above the county level shall punish the acts violating the mandatory national standards for food labels in accordance with these Provisions, and the State Bureau of technical supervision shall exercise unified supervision and management over the investigation and punishment of illegal acts on food labels

Article 11: the State Bureau of technical supervision shall be responsible for the interpretation of these provisions

Article 12: These Provisions shall come into force as of october1,1995

(note) power of basic principles:

1. All contents of food labels shall not describe or introduce food in a wrong, misleading or deceptive way

2. All contents of the food label shall not use direct or indirect suggestive language, graphics and symbols to cause consumers to confuse food or a certain nature of food with another product

3. All contents of food labels must comply with the provisions of national laws and regulations and the provisions of corresponding product standards

4. All contents of food labels must be easy to understand, accurate and scientific

(Note 2) basic requirements:

1. Food labels shall not be separated from packaging containers

2. All contents of food labels shall not become blurred or even fall off in the circulation process; It must ensure that consumers are eye-catching, easy to identify and read when buying and eating

3. All contents of the food label must be clear, concise, eye-catching, and the text, symbols and graphics should be intuitive and easy to understand. The background and background color should adopt contrast color

4. The food name must be in the eye-catching position of the label, and the food name and net content should be arranged in the same field of vision

5. The words used in food labels must be standard Chinese characters. Chinese pinyin can be used at the same time, but it must be spelled correctly and must not be larger than the corresponding Chinese characters. Minority languages or foreign languages can be used at the same time, but they must have a strict correspondence with Chinese characters, and the foreign language must not be larger than the corresponding Chinese characters

6. The unit of measurement used in food labels must be the national legal unit of measurement, such as: quality unit; Or G, kg or kg; Volume unit: ml, ml or ml, l or L. Provisions on investigating and punishing illegal acts on food labels

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