Chapter 1 General
Article 1 In order to handle and control food poisoning accidents in a timely manner and protect the health of the people, these measures are formulated in accordance with the provisions of the Food Sanitation Law of the People's Republic of China (hereinafter referred to as the Food Sanitation Law).
Article 2 The food poisoning referred to in these Measures refers to the acute or subacute food-borne illness that occurs after eating food contaminated by biological or chemical toxic and harmful substances or eating food containing toxic and harmful substances.
If the food-borne diseases specified in the preceding paragraph have been included in the "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases", they shall be implemented in accordance with this law.
Article 3 The health administrative department of the local people's government at or above the county level is in charge of the supervision and management of food poisoning accidents within its jurisdiction.
Cross-jurisdictional food poisoning accidents will be investigated and handled by the health administration department of the people's government where the food poisoning occurred, and the health administration department of the people's government where the food poisoning perpetrator is located will assist in the investigation and handling. Where there is a dispute over jurisdiction, the administrative department of health of the people's government at a higher level shall have jurisdiction or designate jurisdiction.
Article 4 All entities and individuals engaged in food production and business activities within the territory of the People's Republic of China, as well as units and individuals involved in the investigation and handling of food poisoning accidents, shall abide by these Measures.
Article 5 Units that have suffered food poisoning or suspected food poisoning accidents and units receiving food poisoning or suspected food poisoning patients for treatment shall promptly report to the local people's government health administrative department the unit, address, time, number of people poisoned, and number of people who have suffered food poisoning accidents. Suspicious food and other related content.
Article 6 The health administrative department of the local people's government at or above the county level shall fill in the "Food Poisoning Report Registration Form" in a timely manner upon receipt of a food poisoning or suspected food poisoning incident report, and report to the people's government at the same level and the health administrative department at a higher level.
Article 7 The health administrative department of the local people's government at or above the county level shall implement an emergency report system for the following food poisoning or suspected food poisoning accidents that occur within the jurisdiction:
(1) If the number of poisoned persons exceeds 30, report to the people's government at the same level and the health administration department of the people's government at the higher level within 6 hours;
(2) If the number of poisoning exceeds 100 or more than 1 person died, it shall be reported to the Ministry of Health within 6 hours, and at the same time to the people's government at the same level and the health administration department of the people's government at the higher level;
(3) If a poisoning accident occurs during a school, regional or national important event, it should be reported to the Ministry of Health within 6 hours, and at the same time to the people's government at the same level and the health administration department of the people's government at the higher level;
(4) Other food poisoning incidents that require an emergency reporting system.
No unit or individual shall interfere with the report of food poisoning or suspected food poisoning accidents.
Article 8 The health administrative department of the local people's government at or above the county level shall notify the health administrative department of the relevant jurisdiction of a cross-jurisdictional food poisoning accident report, and at the same time report to the health administrative department of the common higher-level people's government.
Article 9 The health administrative department of the local people's government at or above the county level shall, at the end of each quarter, summarize and analyze the occurrence and treatment results of food poisoning accidents in the region, and announce it to the public in a timely manner.
The administrative department of health of the provincial people's government is responsible for summarizing and analyzing the occurrence of food poisoning accidents in the region throughout the year, and reporting it to the Ministry of Health and its designated agencies before November 10 each year.
Article 10 The health administrative departments of the local people's governments at various levels shall regularly report the occurrence of food poisoning accidents to the relevant departments.
Article 11 The health administrative department of the local people's government at or above the county level shall take the following measures after receiving a food poisoning or suspected food poisoning accident report:
(1) Organizing health institutions to treat poisoned persons;
(2) Adopt temporary control measures against suspected poisoned food and related tools, equipment and on-site;
(3) Organize an investigation team to conduct on-site hygiene and epidemiological investigations, fill in the "Food Poisoning Case Investigation Registration Form" and "Food Poisoning Investigation Report Form", write investigation reports, and report to relevant departments in accordance with regulations.
