Interpretation of the Administrative Measures for Food and Drug Complaints and Reports
In order to standardize the management of food and drug complaints and reports, promote the social co-governance of food and drug safety, strengthen the punishment of food and drug violations, and ensure the health and life safety of the public, the Food and Drug Administration has formulated and promulgated the Food and Drug Complaints and Reports Management Office (hereinafter referred to as the "Measures"). The Measures will be implemented on March 1, 2016. The relevant issues are interpreted as follows:
1、 What are the adjustment scope of the Measures?
(1) Citizens, legal persons or other organizations complain and report activities involving suspected violations of food safety in the production and operation of food (including food additives);
(2) Citizens, legal persons or other organizations complain and report the activities of suspected illegal acts in the development, production, operation and use of drugs, medical devices and cosmetics related to product quality and safety;
(3) Complaint and reporting management of food and drug supervision and administration departments, complaint and reporting institutions, complaint and reporting handling departments at all levels.
2、 What is the meaning of food and drug complaint reporting?
According to the Measures, food and drug complaints and reports refer to the suspected illegal acts of producers, operators and other entities in the production and operation of food (including food additives) and in the development, production, operation and use of drugs, medical devices, cosmetics and other links related to product quality and safety reported by citizens, legal persons or other organizations to the food and drug supervision and administration departments at all levels.
3、 How are the responsibilities of food and drug complaint reporting agencies at all levels stipulated in the Measures?
(1) The complaint and reporting agency of the food and drug regulatory department of the State Council is responsible for accepting, transferring, transferring, tracking, supervising and reviewing the food and drug complaints and reports directly received; Collect and summarize the national food and drug complaint and report information, and regularly publish the national food and drug complaint and report analysis report; Formulate the procedures, standards and specifications for the management of food and drug complaints and reports, and provide business guidance to local food and drug complaints and reports institutions at all levels; Undertake the publicity and training of the national food and drug complaint reporting management.
(2) The complaint and reporting institutions of local food and drug regulatory departments at all levels are responsible for accepting, transferring, transferring, tracking, supervising and reviewing the food and drug complaints and reports directly received; Transfer, transfer, track, supervise, review and report the food and drug complaints and reports transferred by the superior; Provide business guidance to the subordinate food and drug complaint reporting institutions; Collect, summarize and analyze the food and drug complaint and reporting information in the administrative region, and regularly report to the superior food and drug complaint and reporting institution as required; Undertake the publicity and training of food and drug complaints and reports in the administrative region.
4、 What are the provisions on the time limit for acceptance in the Measures?
The food and drug complaint reporting agency or the administrative department shall uniformly code the complaint and make a decision on whether to accept it within 5 days from the date of receipt. If the food and drug complaint and report institution or the administrative department decides not to accept the complaint and report or part of the content of the complaint and report, it shall inform the complaint reporter of the decision and reason of not accepting the complaint in an appropriate way within 15 days from the date of making the decision of not accepting the complaint, unless the contact information of the complaint reporter is unknown. If the complaint is not informed according to the above provisions, the complaint shall be accepted on the fifth day from the date of receipt by the food and drug complaint reporting agency or the administrative department. (State Food and Drug Administration)