Chapter I: General Provisions
Article 1 This Regulation is formulated to strengthen the supervision and administration of dairy product quality and safety, ensuring dairy product quality and safety, safeguarding the health and life of the general public, and promoting the sound development of the dairy industry.
Article 2 The term “dairy products” as mentioned in this Regulation refers to raw milk1 and dairy products.
This Regulation shall apply to the supervision and administration of dairy product quality and safety. In
cases where any law otherwise provides for the supervision and administration of dairy product quality and safety, such provision shall prevail.
Article 3 The dairy animal raisers, raw milk purchasers, processed dairy product production enterprises and distributors shall be responsible for the quality and safety of the dairy products that they produce,purchase, transport or sell. They shall serve as the first responsible persons for dairy product quality and safety.
Article 4 Local people’s governments at or above the county level shall be responsible for dairy product quality and safety within their respective administrative area.
The competent people’s government departments of animal husbandry and veterinary medicine at or above the county level shall be responsible for the supervision and administration on the dairy animal husbandry and the production and purchase of raw milk. The administrative departments of quality supervision, inspection and quarantine at or above the county level shall be responsible for the supervision and administration on the production of dairy products, and the import and export of dairy products. The administrative departments of industry and commerce at or above the county level shall be responsible for the supervision and administration on the sales of dairy products. The administrative departments of food and drug at or above the county level shall be responsible for the supervision and administration on the catering services involving dairy products. The administrative departments of health of the people's governments at or above the county level shall, within their functions and duties, be responsible for the comprehensive coordination of supervision and administration of dairy product quality and safety,investigate into and deal with major food safety accidents. Other relevant departments of the people's governments at or above the county level shall, within their respective functions and duties, be responsible for other tasks relevant to the supervision and administration on dairy product quality and safety.
Article 5 Any accident of quality and safety of dairy products shall be promptly reported and handled in accordance with relevant laws and administrative regulations. Where severe or bad consequences are caused by such an accident, the persons-in-charge of the relevant people’s governments and those of the relevant departments who shoulder leadership responsibility shall be subjected to liabilities.
Article 6 Raw milk and dairy products shall conform to the national standard on dairy product quality and safety. The national on dairy product quality and safety standard shall be formulated by the competent department of health under the State Council and be promptly amended on the basis of the risk monitoring and assessment results.
The national dairy product quality and safety standard shall include limits on pathogenic micro organisms,pesticide residues, veterinary drug residues, heavy metals and other substances hazardous to human health,the sanitation requirements during the production and business operation of dairy products, the general methods and operating procedures for the inspection of dairy products, quality requirements relevant to the safety of dairy products and other contents which are required as a component part of the national dairy product quality and safety standard.
The health requirements and development needs of infants shall be taken into full consideration during the formulation of the national standard on the quality and safety of milk powder for infants so as to ensure the nutritional ingredients vital for infant growth.
Where the competent State Council department of health finds, from the disease information and
regulatory information of the supervisory and administrative departments, that a non-edible chemical
substance or any other substance potentially hazardous to the human health is added, or may have been added to a dairy product, it shall immediately organize a risk assessment and take corresponding monitoring,testing and supervisory measures.
Article 7 The addition of any substance during the production, purchase, storage, transport and
distribution of raw milk shall be prohibited.
The addition of any non-edible chemical substance or any other substance potentially hazardous to the human health during the production of dairy products shall be prohibited.
Article 8 The competent State Council department of animal husbandry and veterinary medicine shall, in collaboration with the State Council development and reform department, the industry and information department and the commerce department, formulate a national dairy industry development plan, strengthen the construction of dairy resource bases, improve the service system and promote the sound development of the dairy industry.
The local people’s governments at or above the county level shall, in accordance with the national dairy industry development plan, reasonably determine the dairy animal raising level within their respective administrative area, and scientifically plan the production and purchase of raw milk.
Article 9 The relevant professional associations shall strengthen industrial self-discipline, advocate good faith in the industry, guide and standardize the lawful production and business operation of dairy animal raisers, raw milk purchasers and enterprises engaging in the production and distribution of dairy products.