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Decision of the State Council about Further Strengthening Food Safety
[Expired]
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国务院关于进一步加强食品安全工作的决定
[失效]
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【法宝引证码】
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Decision of the State Council about Further Strengthening Food Safety
(No. 23 [2004] of the State Council)
The people's government of all provinces, autonomous regions, and municipalities directly under the Central Government, all departments and commissions of the State Council and all the institutions directly under the State Council:
Food safety is important to the health and life safety of the general public, to the sound economic development and social stability and to the image of our government and even the whole country. The Central Committee of the CPC and the State Council have always attached great importance to food safety. In recent years they have been focusing on combating the production and sales of shoddy and inferior food as well as other offences and crimes so as to rectify and regulate the market economic order. They have also taken a series of measures to intensify the food safety work. All regions and all departments have made efforts and have achieved some success. All in all, the trend toward more frequent occurrence of cases of production and sale of fake and inferior food is curbed to some extent and the situation of food safety has become better. However, the food safety problem is still quite severe, especially in the aspects of plantation and breeding, production and processing, market circulation, catering and consumption. There are defects in the regime, legal system and standards of food safety supervision and regulation. The phenomenon of regional protection and incompliance with the law, slack enforcement of law and ineffective supervision and regulation cases have occurred now and then. For the purpose of resuming and enhancing the good reputation of food of our country and ensuring the health and life safety of the people, the State Council decides to take feasible and effective measures to further strengthen the food safety work.
| | 国务院关于进一步加强食品安全工作的决定
（国发[2004]23号）
各省、自治区、直辖市人民政府，国务院各部委、各直属机构：
食品安全关系到广大人民群众的身体健康和生命安全，关系到经济健康发展和社会稳定，关系到政府和国家的形象。党中央、国务院历来高度重视食品安全，近几年一直把打击制售假冒伪劣食品等违法犯罪活动作为整顿和规范市场经济秩序的重点，采取了一系列措施加强食品安全工作。各地区、各部门做了大量工作，取得一定成效。总的看，生产销售假冒伪劣食品案件多发的势头有所遏制，食品安全形势趋于好转。但是食品安全问题仍然比较严重，种植养殖、生产加工、市场流通、餐饮消费等方面存在的问题还很突出，食品安全监管体制、法制、标准等方面存在缺陷，地方保护、有法不依、执法不严、监管不力的现象时有发生。为恢复和提高我国食品信誉，确保人民身体健康和生命安全，国务院决定采取切实有效措施，进一步加强食品安全工作。
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1.The Guidelines, Principles and Goal of Work
| | 一、指导思想、工作原则和工作目标
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(1)The guidelines and principles. You must adhere to the important guidelines of Deng Xiaoping's Theory and the important thought of “Three Represents”, carefully implement the spirits of the 16th Party Congress, consolidate the belief of “taking people as the basis and administering the state for the people”, fully perform the functions of the people's government, lay emphasis on the food safety work and lose no time to complete it well. You must continue to stick to the working mechanism for food safety - “being under national uniform leadership, with the local governments to be specifically responsible, guidance and coordination by competent departments, and joint act of all sides”, strengthen the coordination and cooperation between different departments, fulfill the responsibilities and intensify law enforcement. You must integrate centralized rectification and regulation with the construction of system, integrate strict law enforcement with scientific management, and integrate the combat of fake and inferior food products with the support to the good and strong ones, highlight the key points, and strengthen routine supervision while pay attention to the special rectification and regulation activities. You must establish a food safety credit system and discredit punishment mechanism, lead the enterprises to keep good faith and abide by the law. You must intensify supervision by the mass media, enhance positive publicity, strengthen social supervision and guarantee the catering safety and food safety as well as the health of people.
| | （一）指导思想和工作原则。坚持以邓小平理论和“三个代表”重要思想为指导，认真贯彻党的十六大精神，牢固树立以人为本、执政为民的思想，全面履行人民政府的职责，切实把食品安全工作放在突出位置抓紧抓好。继续坚持“全国统一领导、地方政府负责、部门指导协调、各方联合行动”的食品安全工作机制，加强协调配合，落实责任，加大执法力度；坚持集中整治与制度建设、严格执法与科学管理、打假治劣与扶优扶强相结合，突出重点，在注重抓好专项整治的同时，强化日常监管；建立食品安全信用体系和失信惩戒机制，引导企业诚信守法；强化舆论监督，加大正面宣传力度，加强社会监督，保障人民群众的饮食安全和身体健康。
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(2)Goals of Work. By way of making painstaking and careful efforts, the food production and business operation order has obviously turned for the better, the offences and crimes of producing and selling fake, inferior, toxic and harmful foods have been curbed effectively, serious cases have been timely investigated and punished, food safety accidents decreased considerably, so people feel that food consumption is safer and the food credit of our country has been resumed and improved. Based on these achievements, by making unremitting efforts you must further perfect the laws, regulations and the supervisory system for food safety, formulate a more scientific and effective system of standards, system of inspection and testing and system of credit, give full play to the functions of the guilds and intermediary organizations, further enhance the safety responsibility and awareness of enterprises, seek the continuous sound and fast development of the food industry and satisfy the ever increasing demands of the people for food safety and health.
| | （二）工作目标。通过艰苦细致的工作，使食品生产经营秩序得到明显好转，生产、销售假冒伪劣和有毒有害食品的违法犯罪活动得到有效遏制，大案要案得到及时查处，食品安全事故大幅度下降，人民群众食品消费安全感增强，我国食品信誉得到恢复和提高。在此基础上，经过不懈努力，使食品安全法律法规和监管体制更加完善，标准体系、检验检测体系、信用体系更加科学有效，行业协会和中介组织的作用充分发挥，企业的安全责任和意识进一步增强，食品产业持续健康快速发展，人民群众日益增长的食品安全和健康需求不断得到满足。
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2.Key Tasks in the Near Future
| | 二、近期工作重点
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(1) You must vigorously rectify the food production and processing industry and improve the level of food industry in real earnest. With regard to the main food products determined under special food rectification, You must strictly investigate into and punish the activities of production and business operation without a hygiene license, business license or production license and firmly clamp down on those without essential production conditions. You must strictly implement the food quality and safety market entry system, strictly examine the production conditions of enterprises, organize the production in strict compliance with the relevant standards, conduct stringent inspection over the products for delivery, complete the market entry of the food quality and safety of 10 categories of products such as meat products, dairy products, beverages, spices, freezing drinks, instant noodles, biscuits, canned foods, deep-frozen rice and flour foods, and popped foods, and initiate the market entry for 13 other categories of food. You must strengthen the supervision and administration over food production and processing enterprises, take supervisory measures for manufacturing enterprises, including tour inspections, return-visit inspections, annual inspections, supervision-based spot checks, etc. You must intensify the responsibilities of the enterprise legal persons as the first liable persons for food safety; strengthen the safety assessment of new resource foods, food additives and food packaging materials, crack down the illegal acts of abusing food additives, using non-food raw materials in producing or processing food, putting banned drugs into health-care food.
The local governments shall organize the rectification of food production and processing industry. Through rectification, they should support a batch of famous enterprises, shut down a batch of food production and processing enterprises without corresponding product quality and safety conditions and severely punish those violators and criminals that produce or sell fake or inferior food.
| | （一）大力整顿食品生产加工业，切实提高食品工业水平。按照食品专项整治确定的重点食品，严厉查处无卫生许可证、无营业执照、无生产许可证的生产经营行为，不具备生产条件的要坚决予以取缔；严格实施食品质量安全市场准入制度，严格审查企业生产条件，严格按标准组织生产，严格产品出厂检验，今年基本完成肉制品、乳制品、饮料、调味品、冷冻饮品、方便面、饼干、罐头、速冻米面食品、膨化食品等10类产品实施食品质量安全市场准入工作，启动其余13类食品市场准入工作；加强食品生产加工企业监管，实行生产企业巡查、回访、年审、监督抽查等监管制度；强化企业法人作为食品安全第一责任人的责任；强化新资源食品、食品添加剂和食品包装材料等的安全性评价，严厉打击滥用添加剂、使用非食品原料生产加工食品、保健食品添加违禁药物等违法行为。
食品生产加工业的整顿由地方政府统一组织实施。通过整顿，扶持一批名优企业，关闭一批不具备产品质量安全条件的食品生产加工企业，严厉惩处一批制售假冒劣质食品的违法犯罪分子。
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(2) You must tighten the special rectification of agricultural input products and prevent the pollution of agricultural products from the root. You must go ahead with the “Nuisanceless Food Plan”, carry out special in-depth rectification activities to control the pesticide persistent, abuses of banned drugs in poultry and animal products, and drug persistent in aquatics, popularize the knowledge about the safe use of fertilizers, pesticides, veterinary medicines, foodstuff additives, and growth hormone for animals and plants, popularize the use of less-persistent pesticide, veterinary medicines and non-polluting additives, regulate the acts of plantation and breeding. You should establish a uniform and regulatory system of standards on the quality and safety of agricultural products, a system for the routine monitoring of quality and safety of agricultural products and a retroactive system for the quality and safety of agricultural input products, monitor the environment of places of the agricultural products, and the quality and safety of agricultural products. You should push forward the establishment of comprehensive exemplary areas for the standardized production nuisanceless agricultural products, breeding areas, exemplary agricultural farms, areas without epidemic animal diseases, and production bases of export products, actively carry out the work of accreditation of agricultural products and food, popularize the model of “company + base”, and speed up the process of banning, limiting or disusing high toxic or high persistent agricultural input products.
．．．．．． | | （二）加大农业投入品专项整治力度，从源头上防止农产品污染。继续推进“无公害食品行动计划”，深入开展农药残留、禽畜产品违禁药物滥用、水产品药物残留专项整治，向农民普及安全使用化肥、农药、兽药、饲料添加剂和动植物生长激素等知识，推广使用低残高效农药、兽药和无污染添加剂，规范种植、养殖行为；建立统一规范的农产品质量安全标准体系，建立农产品质量安全例行监测制度和农产品质量安全追溯制度，开展农产品产地环境、农业投入品和农产品质量安全状况的检测；推进无公害农产品标准化生产综合示范区、养殖小区、示范农场、无规定动物疫病区和出口产品生产基地的建设，积极开展农产品和食品认证工作，推广“公司＋基地”模式，加快对高毒、高残留农业投入品禁用、限用和淘汰进程。
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