This article summarizes recent replies from the State Administration for Market Regulation on food production and operation related standards and regulations, hoping to help everyone understand the content of my country's standard and regulations system more deeply and help relevant food production and operation enterprises correctly use and implement relevant standards and regulations documents.
1. Can the enterprise standards of the same product be registered with two standards?
Question: Can be registered with the same product enterprise standards? Are the current enterprise standards management measures still effective and when will the revised version be launched?
The General Administration replied:
(1) According to Article 27, Paragraph 1 of the Standardization Law, the state implements a system of self-declaration of enterprise standards and supervision. If otherwise provided by laws and regulations, such provisions shall prevail. In addition, according to Article 27, Paragraph 1 of the Standardization Law, enterprises should disclose the number and name of the mandatory standards, recommended standards, group standards or enterprise standards they implement; if enterprises implement the enterprise standards formulated by themselves, they should also disclose the functional indicators of the products and services and the performance indicators of the products. This regulation does not limit the number of standards that the product implements.
(2) " Enterprise Standardization Management Measures " (formerly State Technical Supervision Bureau , 1990 Order No. 13, 1990) is currently in effect. In the process of organizing revision, it will be released in a timely manner after completing the drafting, soliciting opinions, review, approval, and other work in accordance with the procedures and requirements of departmental regulations.
reply department: Standard Innovation Management Department
. The State Administration for Market Regulation responds to questions about the explanation of enterprises in the Standardization Law
Question: Standardization Law and the Standardization Implementation Regulations all involve enterprises. Does this enterprise include individual industrial and commercial households? How do I explain the standardization method involves enterprises? In many laws and regulations, including Individual Industrial and Commercial Regulations, 28, 54, 396 and other laws and regulations, individual industrial and commercial households and enterprises are distinguished.
The General Administration replied:
Hello, the adjustment objects of the "Standardization Law" and the "Standardization Law Implementation Regulations" include individual industrial and commercial households.
Reply to the Department: Standard Innovation Management Department
3. The State Administration for Market Regulation responds to questions about the implementation of local standards
Question: Article 8 of the Implementation Regulations of the Standardization Law: "Local standards for safety and hygiene requirements of industrial products formulated by the standardization administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are mandatory standards within this administrative region."
But the latest Article 2 of the Standardization Law: "The standards referred to in this Law (including standard samples) refer to technical requirements that need to be unified in the fields of agriculture, industry, service industry, and social undertakings. The standards include national standards, industry standards, local standards and group standards, and enterprise standards. National standards are divided into mandatory standards and recommended standards, and industry standards and local standards are recommended standards."
Please ask if I should abide by the provisions of the Implementation Regulations, and can acknowledge local standards be mandatory standards?
General Administration reply:
OK! The "Regulations on the Implementation of Standardization Law" was issued in 1990 and is a relevant supporting law and regulation of the old version of the "Standardization Law". The newly revised "Standardization Law" in 2018 stipulates that local standards are recommended standards. If the regulations are inconsistent with the provisions of the "Standardization Law", please refer to the provisions of the "Standardization Law".
reply department: Standard Innovation Management Department
4. Are provincial group standards the same level as provincial local standards?
Question: Is the provincial group standard (Guangdong Aquatic Products Society/Guangdong Leisure Fisheries Association) the same level as the local standards in Guangdong Province? Or is it higher than the local standards set by prefecture-level cities?
General Administration reply:
Hello! Please leave a message and answer your questions as follows: The main body and scope of formulation of group standards and local standards are different, and there is no difference in levels between the two.
reply department: Standard Innovation Management Department
5. Is the quality standards agreed in the contract lower than the national recommended standards, is it legal?
Question: only has national recommended standards. The contract agreement between the enterprise and the customer shall be stipulated. Referring to some recommended standards and a certain quality indicator is lower than the recommended standards. Is it legal?
General Administration reply:
Hello! Article 2, Paragraph 3 of the Standardization Law stipulates: "Mandatory standards must be implemented. The state encourages the adoption of recommended standards." At the same time, the quality of products or services must also comply with the relevant laws and regulations on the management of relevant products or services.
reply department: Standard Innovation Management Department
6. Has food production license been issued, and has industrial product production license been issued?
Question: A food production enterprise (producing beverages) has obtained a food production license, but still needs to apply for an industrial product production license?
General Administration reply:
Hello! The answers to the questions you consulted are as follows: According to the provisions of " Decision of the State Council on Adjusting the Management Catalog of Industrial Product Production Licenses and Strengthening In-process and Post-process Supervision" (Guofa [2019] No. 19), edible beverages do not implement industrial product production license management.
reply department: Product Quality and Safety Supervision and Management Department
7. Can enterprises implement enterprise standards that are lower than national recommended standards or industry standards?
Question: There is no national mandatory standard for the products produced by enterprises, but there are national recommended standards or industry standards. Can enterprises formulate and implement enterprise standards be lower than national recommended standards or industry standards?
General Administration reply:
Hello! According to the relevant provisions of Article 21 of the Standardization Law, the technical requirements of enterprise standards shall not be lower than the relevant technical requirements of mandatory national standards. The state encourages enterprises to formulate enterprise standards that are higher than the relevant technical requirements of recommended standards.
reply department: Standard Innovation Management Department
8. Can the products I produce in Place A use local standards in Place B?
Question: The products I produce in place A, can the products comply with local standards in place B? If the packaging can identify the implementation standard of B?
General Administration reply:
Hello! In order to meet the special technical requirements such as local natural conditions, customs and habits, provincial standardization administrative departments and municipal standardization administrative departments approved by them may formulate local standards in the fields of agriculture, industry, service industry, and social undertakings.
is prohibited from using local standards to implement exclusion and restrict market competition by formulating local standards for product quality and inspection methods. The standards implemented by the enterprise are at its own choice and bear relevant responsibilities.
reply department: Standard Innovation Management Department
9. The entrusted party has no enterprise standards. Can the entrusted products be marked on the product packaging?
Question: The entrusted party has no enterprise standards. Can the entrusted products be marked on the product packaging? If it cannot be used, what is the basis for specific laws and regulations? What is the basis for punishment?
General Administration reply:
Hello! The marking of product implementation standards by producers shall comply with the relevant provisions of Article 26 of the Product Quality Law and Article 24 of the Implementation Regulations of the Standardization Law.
The content of the product marked with entrusted production can be marked in accordance with the contract agreement between the entrusted party and the entrusted party on the premise that it complies with relevant laws and regulations.
reply department: Standard Innovation Management Department
0. Can only be marked with enterprise standard number and not chronological number when implementing enterprise standards?
Question: After the company has formulated the enterprise standards. When marking the implementation standards on the product, do you have to write the standard number and era number of the entire enterprise? Can you only mark the standard number of the enterprise without marking the era number?
General Administration reply:
Hello! Your message has been received. If the product is marked with standard, the default is to the latest version.It is recommended that mark the standard for implementing the standard on to avoid products produced in accordance with the old version of the standard failing to meet the requirements of the new version of the standard after the standards are revised and updated, and that "the products produced by the enterprise and the services provided do not meet the technical requirements of their public standards."
reply department: Standard Innovation Management Department
Source | State Administration for Market Regulation
Review | Yu Chenglong Zhang Lijuan
Edited | Zhao Jing
Produced by the New Media and Digital Publishing Department of China Industry and Commerce Press
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