How Do I Report Food Poisoning?

In order to deal with and control food poisoning accidents in time and protect people's health, according to the provisions of the Food Hygiene Law of the People's Republic of China (hereinafter referred to as the "Food Hygiene Law"), the Ministry of Health has formulated measures for handling food poisoning accidents. Effective from January 1. It was abolished on January 19, 2016. ^[1-2]

Food poisoning incidents

In order to deal with and control food poisoning accidents in time and protect people's health, according to the provisions of the Food Hygiene Law of the People's Republic of China (hereinafter referred to as the "Food Hygiene Law"), the Ministry of Health has formulated measures for handling food poisoning accidents. Effective from January 1. It was abolished on January 19, 2016. ^[1-2]

Chinese name

Food poisoning incidents

Issued

Ministry of Health

Issue number

Order of the Ministry of Health No. 8

Release date

1999-12-24

effective date

2000-01-01

Expiration date

2016-1-19

[Issuing Unit] Ministry of Health [Issue Number] Ministry of Health Order No. 8 [Issue Date] 1999-12-24
[Effective Date] 2000-01-01

The "Measures for the Treatment of Food Poisoning Accidents" is hereby promulgated and will be implemented as of January 1, 2000. The Measures for the Investigation and Reporting of Food Poisoning, issued on December 1, 1981, was abolished at the same time.

minister

December 24, 1999

Food poisoning incidents

Chapter I General Provisions

Article 1 In order to deal with and control food poisoning accidents in a timely manner and protect people's health, 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 Food poisoning referred to in these measures refers to acute or subacute food-borne illness that occurs after eating foods contaminated with biological or chemical poisonous or harmful substances or after eating foods containing poisonous or harmful substances.

The food-borne illness specified in the preceding paragraph has been included in the "People's Republic of China Prevention and Control of Infectious Diseases Law" and shall be implemented in accordance with that law.

Article 3 The health administrative department of the local people's government at or above the county level shall be responsible for the supervision and management of food poisoning accidents within its jurisdiction.

Food poisoning accidents across jurisdictions shall be investigated and handled by the health administrative department of the people s government where the food poisoning occurred, and assisted by the health administrative department of the people s government where the food poisoner is located. If the jurisdiction is disputed, it shall be under the jurisdiction or designation of jurisdiction of the public health administrative department of the people's government at a higher level.

Article 4 All units and individuals engaged in food production and business activities in the territory of the People's Republic of China, as well as those involved in the investigation and handling of food poisoning accidents, shall abide by these Measures.

Chapter II Report

Article 5 Units with food poisoning or suspected food poisoning incidents and units receiving treatment for patients with food poisoning or suspected food poisoning incidents shall promptly report the units, addresses, time, number of poisoned persons, 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, when receiving reports of food poisoning or suspected food poisoning accidents, fill out the "Food Poisoning Report Registration Form" in a timely manner and report it to the people's government at the same level and the higher level health administrative department.

Article 7 The health administrative department of the local people's government at or above the county level shall implement an emergency reporting system for the following food poisoning or suspected food poisoning accidents that occur within its jurisdiction:

(1) If the number of poisoned persons exceeds 30, it shall be reported to the people's government at the same level and the health administrative department of the people's government at a higher level within 6 hours;

(2) If the number of people who have been poisoned exceeds 100 or more than 1 person has died, they shall report to the Ministry of Health within 6 hours, and also report to the people's government at the same level and the administrative department of health at the higher level;

(3) A poisoning accident that occurs during a school, regional or national important event shall be reported to the Ministry of Health within 6 hours, and shall be reported to the people's government at the same level and the administrative department of health at the same level;

(4) Other food poisoning accidents that need to implement the emergency reporting system.

No unit or individual may interfere in the reporting of food poisoning or suspected food poisoning accidents.

Article 8 The health administration departments of the local people's governments at or above the county level shall, when receiving reports of food poisoning accidents across jurisdictions, notify the health administration departments of the relevant jurisdictions and report to the health administration departments of the people's governments at the same level.

Article 9 The health administrative department of the local people's government at or above the county level shall summarize and analyze the occurrence and treatment results of food poisoning accidents in the region at the end of each quarter, and make them publicly available.

The health administrative department of the provincial people's government is responsible for the analysis of food poisoning accidents in the region throughout the year, and reports 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 inform the relevant departments of the occurrence of food poisoning accidents.

Chapter III Investigation and Control

Article 11 After receiving reports of food poisoning or suspected food poisoning accidents, the health administrative department of the local people's government at or above the county level shall take the following measures:

(1) Organizing health institutions to treat poisoned persons;

(2) Adopting temporary control measures on suspected poisoned food and related tools, equipment and sites;

(3) Organize an investigation team to conduct on-site hygienic and epidemiological investigations, fill in the "Food Poison Case Investigation Registration Form" and "Food Poison Investigation Report Form", write an investigation report, and report to relevant departments as required.

Article 12 The health administrative department of the local people's government at or above the county level may adopt the following temporary control measures for foods that cause food poisoning accidents or foods that have evidence that may cause food poisoning accidents:

(1) Sealing food and its raw materials that cause food poisoning or may cause food poisoning;

(2) Seal contaminated food tools and utensils and order cleaning and disinfection.

In order to control the spread of food poisoning incidents, food producers and operators are ordered to take back foods that have been sold that have caused food poisoning or foods that have evidence that may cause food poisoning.

Upon inspection, food that is contaminated shall be destroyed or supervised; uncontaminated food shall be unsealed.

Article 13 Food production and operation units that cause food poisoning or have evidence that may cause food poisoning, units that have food poisoning or suspected food poisoning accidents shall take the following corresponding measures:

(1) Immediately stop its production and operation activities and report to the health administrative department of the local people's government:

(2) assisting health institutions to treat patients;

(3) Retaining food, raw materials, tools, equipment and sites that cause food poisoning or may cause food poisoning;

(4) Cooperate with the administrative department of health in conducting investigations and truthfully provide relevant materials and samples as required by the administrative department of health;

(5) Implement other measures required by the health administrative department.

Article 14 The health administrative department of the local people's government at or above the county level shall investigate and handle food poisoning accidents in accordance with the relevant provisions of the Food Sanitation Supervision Procedures. The investigation shall be carried out by two or more health supervisors of the health administrative department according to law.

Article 15 The content, procedures and related technical requirements for the confirmation of food poisoning shall be in accordance with the provisions of the General Standards for the Diagnosis and Technical Treatment of Food Poisoning (GB14938).

Chapter IV Penalties

Article 16 Units and individuals who conceal, misrepresent, delay, or obstruct reports of food poisoning or suspected food poisoning accidents shall be ordered by the health administrative department of the people's government at or above the county level to make corrections and may report criticisms. The person in charge directly responsible and other persons directly responsible shall be given administrative sanctions by the health administrative department and other relevant departments according to law.

Article 17 The units and individuals that cause food poisoning accidents shall be subject to administrative punishment by the health administrative department of the local people's government at or above the county level in accordance with the relevant provisions of the Food Sanitation Law and the Administrative Measures for Food Sanitation.

Article 18 When investigating and dealing with food poisoning accidents, the health administrative department of the local people's government at or above the county level shall transfer the cases of serious food poisoning accidents or suspected drug poisoning to the judicial organs for handling.

Chapter V Supplementary Provisions

Article 19 The Registration Form for Food Poisoning Incident Reports, the Registration Form for Case Investigations of Food Poisoning Incidents, and the Investigation Form for Food Poisoning Incidents shall be separately formulated by the Ministry of Health.

Article 20 The food hygiene supervision institutions established by the railway and transportation administrative departments shall supervise and manage food poisoning accidents within their jurisdictions in accordance with these Measures.

Article 21 These Measures shall be interpreted by the Ministry of Health.

Article 22 These Measures shall be implemented as of January 1, 2000. The Measures for the Investigation and Reporting of Food Poisoning, issued on December 1, 1981, was abolished at the same time. In the past, if other relevant provisions of the Ministry of Health are inconsistent with these Measures, these Measures shall prevail. ^[2]