(Issued on July 23, 2016 in accordance with Decree No. 141 of the People’s Government of Guangzhou Municipality and amended on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Article 1     These Measures are formulated pursuant to the Food Safety Law of the People’s Republic of China and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to strengthening the management of to-be-expired and expired food products to ensure food safety and safeguard the physical health and life safety of the public.

　　Article 2     These Measures are applicable to the management and supervision of the to-be-expired and expired food products during production and operation within the administrative areas of this Municipality.

　　These Measures are not applicable to the management and supervision of edible agricultural products without indicating the shelf life and ready-to-eat food processed and made by catering service providers.

　　Article 3     The municipal administration for market regulation shall be responsible for supervising and managing the to-be-expired and expired food products during production and operation within the administrative areas of this Municipality, and for organizing the implementation of these Measures.

　　The district administrations for market regulation shall be responsible for supervising and managing the to-be-expired and expired food products during production and operation within their jurisdictions.

　　Article 4     Food producers and operators shall establish management systems for to-be-expired and expired food products to ensure the safety of their food products and prevent any expired food products from circulating in the market.

　　Article 5     Food operators shall establish food product incoming inspection and recording systems, and perform incoming inspection obligations according to Paragraph 2 of Article 53 under the Food Safety Law of the People’s Republic of China.

　　At the time of incoming inspection, the individual business dealing in food products shall record or keep relevant information of the food products, such as date of production and shelf life.

　　Large/medium-sized food supermarkets and chain food enterprises are encouraged to establish electronic records and electronic files of relevant bills and vouchers using information technology.

　　Article 6     In the case of selling bulk food, food product operators shall distinguish food products of different production dates. Where food products of different production dates are sold on a mixed basis, the earliest production date and the shortest shelf life shall be indicated.

　　During the selling of bulk food, food product operators shall keep the packages, containers, labels or other similar materials that are provided by the food producers and indicate production dates and shelf lives of the products for future inspection.

　　Article 7     Food product operators shall indicate the production date and shelf life of the ready-to-use food products made or sold by them, such as cold dishes and cakes. Where the shelf life is shorter than 24 hours, the production date information shall be accurate to the hour of production.

　　Article 8     Food product operators shall set the “to-be-expired” periods for their food products.

　　The to-be-expired periods of food products may be set by food product operators themselves, or determined by the operators together with food product suppliers, provided that such periods shall be no shorter than the following periods:

　　(1) Where the shelf life is 1 year or above, the to-be-expired period shall be 30 days prior to the expiration of the shelf life;

　　(2) Where the shelf life is longer than half a year but shorter than 1 year, the to-be-expired period shall be 20 days prior to the expiration of the shelf life;

　　(3) Where the shelf life is longer than 30 days but shorter than half a year, the to-be-expired period shall be 10 days prior to the expiration of the shelf life;

　　(4) Where the shelf life is longer than 15 days but shorter than 30 days, the to-be-expired period shall be 5 days prior to the expiration of the shelf life; or

　　(5) Where the shelf life is longer than 2 days but shorter than 15 days, the to-be-expired period shall be 1 day prior to the expiration of the shelf life.

　　For a food product whose shelf life is shorter than 2 days or for which no shelf life can be indicated as permitted by relevant national standards, no to-be-expired period shall be set.

　　Article 9     Where to-be-expired food products are sold at original prices or discounted prices or as gifts, the food product operators shall not hide the production date and shelf life of such products by means of covering or blurring.

　　Large/medium-sized food supermarkets shall set special areas for to-be-expired food products, and display such products on a classified and centralized basis.

　　Article 10  Where food product suppliers accept to-be-expired food products returned, they shall record clearly such information as the names, specs, production batch numbers, production dates and quantity of such products returned, the dates and place of returning, the name of returner and the contact information of returner, etc., and have such records signed by the returner. Such records shall be kept for at least 2 years.

　　Food product suppliers shall store the to-be-expired food products returned separately and set clear separation marks. They shall not sell such products as raw materials of food or use them for food production, or resell such products after package changing.

　　Where any to-be-expired food products become expired in the returning process, the food product operators shall immediately terminate the returning process and seal up such products on the spot.

　　Article 11    The following food products are deemed as expired food products:

　　(1) Food products that go beyond the shelf life indicated by the producers;

　　(2) In the case of bulk ready-to-use food made and sold by food product operators on the spot, the products that go beyond the shelf life indicated by such operators;

　　(3) In the case of bulk ready-to-use food made and sold by food product operators on the spot without indication of shelf life, the products go beyond the business hours on the very day of making.

　　Article 12   Food product operators shall timely remove expired food products from the shelf, classify and count them, seal them up and keep relevant records, and shall not return such products to suppliers.

　　Food product operators shall not sell expired food products as raw materials of food or use them for food production, or resell such products after package changing.

　　Article 13   Expired food products that are prone to spoilage shall be destroyed on the next day after the expiration of the shelf life; other expired food products shall be destroyed regularly and shall be stored separately before destruction.

　　Article 14   Where food product producers and operators destroy expired food products by themselves, they shall take such means as coloring and shape destroying to ensure such products will not be used for food production and shall establish the disposal records, as well as keep picture records of the disposal process. The records of the disposal process, including pictures, shall be kept for at least 2 years.

　　The disposal records shall indicate the names, specs, quantity, production batch numbers or production dates of the products destroyed, and the time, place, manner, the disposer, supervisor, etc.

　　Destroyed food products shall be disposed of according to relevant regulations on waste disposal.

　　Article 15   Where large/medium-sized food supermarkets destroy expired food products by themselves, they shall set a special field for the destruction of expired food products, and install camera monitoring equipment to clearly record the destruction process, in addition to meeting the requirements specified in Paragraph 1 of Article 14 herein. The video records shall be kept for at least 30 days.

　　Other food product producers and operators are encouraged to comply with the previous paragraph.

　　Article 16   Where food product producers and operators engage other parties to destroy expired food products, they shall entrust organizations with relevant collection and disposal licenses, and sign the entrustment contract.

　　The organizations entrusted by food product producers and operators to collect and dispose of expired food shall comply with relevant regulations on waste collection and disposal, and shall neither sell such products as raw materials of food or use them for food production, nor resell such products after package changing.

　　When handing over expired food to the entrusted disposal organization, food product producers and operators shall fill in hand-over sheets, which shall clearly indicate, among others, the names, specs, and quantity of the food products handed over, the time of handover, the name of the receiver, and the contact information of the receiver. Such hand-over sheets shall be kept for at least 2 years.

　　Article 17   Large/medium-sized food supermarkets shall publicize the names, specs, quantity, disposal means and other information of the expired food products destroyed at striking positions of their premises each quarter.

　　Article 18   Food product producers and operators shall not donate expired food products to social welfare institutions, charities or other commonweal organizations. Where to-be-expired products are donated, the shelf lives of such products shall be clearly indicated, and such facts shall be told clearly to the receivers.

　　Social welfare institutions, charities or other commonweal organizations shall establish management systems on receiving, storage and distribution of to-be-expired food products, and shall not receive or distribute expired food products.

　　Article 19   Where an individual-owned business dealing in food products breaches Paragraph 2 of Article 5 herein by failing to record or keep such information of the food products as date of production and shelf life at the time of product incoming, the district administration for market regulation shall order it to make corrections, and give a warning; where it refuses to make corrections, a fine of not less than RMB 1,000 but not more than RMB 5,000 shall be imposed.

　　Article 20   In any of the following circumstances, the district administration for market regulation shall order the violators to make corrections, and impose a fine of not less than RMB 2,000 but not more than RMB 10,000:

　　(1) Food product operators breach Paragraph 1 of Article 9 herein by hiding the production date and shelf life of to-be-expired food products by means of covering or blurring when selling such products at original prices or lower prices or as gifts;

　　(2) Food product suppliers breach Paragraph 1 of Article 10 herein by failing to establish or keep records of returning pursuant to the requirements;

　　(3) Food product producers and operators breach Paragraph 1 of Article 14 herein by failing to establish or keep records of disposal pursuant to the requirements;

　　(4) Food product producers and operators breach Paragraph 1 of Article 16 herein by entrusting unlicensed organizations to collect and dispose of expired food products; or

　　(5) Food product producers and operators breach Paragraph 3 of Article 16 herein by failing to fill in or keep hand-over sheets pursuant to relevant requirements when handing over expired food products to the disposal organizations entrusted.

　　Article 21   In any of the following circumstances, the district administration for market regulation shall order the violators to make corrections, and give them a warning; where they fail to make corrections within the specified period, a fine of not less than RMB 2,000 but not more than RMB 10,000 shall be imposed:

　　(1) Large/medium-sized food supermarkets breach Paragraph 2 of Article 9 herein by failing to set special areas for to-be-expired food products;

　　(2) Food product suppliers breach Paragraph 2 of Article 10 herein by failing to store the to-be-expired food products returned to them on a separate basis or to set clear separation marks;

　　(3) Food product operators breach Paragraph 1 of Article 12 herein by failing to classify and count expired food products, seal them up and keep relevant records; or

　　(4) Large/medium-sized food supermarkets breach Article 17 herein by failing to publicize the disposal information on expired food products according to relevant requirements.

　　Article 22   In any of the following circumstances, the violators shall be punished according to the Food Safety Law of the People’s Republic of China:

　　(1) Food product suppliers breach Paragraph 2 of Article 10 herein by selling to-be-expired food products returned to them as raw materials of food or using them for food production, or reselling such products after package changing;

　　(2) Food product operators breach Paragraph 1 of Article 12 herein by failing to timely remove expired food products from shelves;

　　(3) Food product producers and operators breach Paragraph 2 of Article 12 herein by selling expired food products as raw materials of food or using them for food production, or reselling such products after package changing; or

　　(4) Organizations entrusted to dispose of expired food products breach Paragraph 2 of Article 16 herein by selling expired food products as raw materials of food or using them for food production, or reselling such products after package changing.

　　Where organizations entrusted to dispose of expired food products breach relevant regulations on waste collection and disposal, they shall be punished by the authorities in charge of ecological environment, urban management, etc. according to relevant regulations.

　　Article 23   In any of the following circumstances, the district administration for market regulation shall order the violators to make corrections, and impose a fine of not less than RMB 10,000 but not more than RMB 30,000; in case of severe violation or food safety accident, a fine of not less than RMB 30,000 but not more than RMB 100,000 shall be imposed:

　　(1) Food product operators breach Paragraph 1 of Article 12 herein by returning expired food products to suppliers;

　　(2) Food product producers and operators breach Article 13 herein by failing to destroy expired food products;

　　(3) Food product producers and operators breach Paragraph 1 of Article 18 herein by donating expired food products; or

　　(4) Social welfare institutions, charities or other commonweal organizations beach Paragraph 2 of Article 18 herein by distributing expired food products.

　　Article 24   Where a large/medium-sized food supermarket breaches Paragraph 1 of Article 15 herein by failing to set the special field for the destruction of expired food products, to install camera monitoring equipment, or to keep video records according to the requirements, the district administration for market regulation shall order it to make corrections within a specified period, and give a warning; if it fails to make corrections within the specified period, a fine of not less than RMB 5,000 but not more than RMB 20,000 shall be imposed.

　　Article 25   Cases involving several districts, particularly significant cases or cases with severe circumstances shall be dealt with by the municipal administration for market regulation according to these Measures.

　　Article 26   Where the administration for market regulation and any other relevant authority or its staff member, in violation of the provisions of these Measures, fails to perform its/his/her duties required by law, the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　Article 27   The term “bulk food” herein refers to food products without premade fixed-quantity packages and needing measurement at the time of selling, including food products without package and food products with the non-fixed-quantity package.

　　The term “large/medium-sized food supermarkets” herein refers to supermarkets selling food products either exclusively or together with other products with a total operation area of 1,000 square meters or above.

　　The term “cold dishes” herein refers to dishes that are made by simply processing and dishing cooked, salted or simply cleaned food and that can be generally eaten without heating, including cold vegetable dishes, cold meat dishes, cooked food, marinated food, etc.

　　Article 28   These Measures shall come into force on October 1, 2016.