In order to further improve the food and drug reporting and reward system, increase the crackdown on illegal activities, and build a social co-governance pattern for food and drug safety, the State Food and Drug Administration and the Ministry of Finance issued the "Investigation Measures for Food and Drug Violations" issued in 2013. (National Food and Drug Administration [2013] No. 13) has been revised. The following is the revised "Investigation Measures for Food and Drug Violations".
Food and drug violations reporting rewards
Chapter I General Provisions
The first one is to encourage the public to actively report food and drug violations, crack down on food and drug crimes, and promote food and drug safety and social co-governance. According to the Food Safety Law of the People's Republic of China and its implementation regulations, the Drug Administration Law of the People's Republic of China These Regulations are formulated in accordance with laws, regulations and rules such as the Regulations, the Regulations on the Supervision and Administration of Medical Devices, the Regulations on the Supervision of Cosmetics and Hygiene, and the Measures for the Administration of Food and Drug Complaints and Reports.
Article 2 These Measures shall apply to the food and drug supervision and administration departments at all levels to report to the public the food (including food additives), drugs, medical devices, cosmetics, illegal or criminal acts or criminal offences within the scope of their supervisory duties. After the case is investigated, the behavior of the corresponding material will be rewarded.
Article 3 The food and drug supervision and administration department responsible for reporting and investigating shall be responsible for reporting and rewarding the implementation department, and shall be responsible for reward decision notification, award criteria approval and award distribution.
The cross-regional reports accepted by the superior food and drug supervision and administration department shall be investigated and handled separately by two or more regional food and drug supervision and administration departments, and the food and drug supervision and administration departments responsible for investigation and handling shall separately report the reports in the administrative area. Partly rewarded.
Article 4 The reward funds for reporting illegal food and drug activities shall be included in the budget of local governments at all levels, and subject to supervision and inspection by the departments of finance and auditing.
Chapter II Award Conditions
Article 5 Where the following illegal acts are reported, they shall be rewarded in accordance with these Measures:
(1) food safety aspects in the production and operation of food (including food additives);
(2) Quality and safety of products in the development, production, operation and use of pharmaceuticals, medical devices and cosmetics;
(3) Others that need to be rewarded by the food and drug supervision and administration department.
Article 6 Reporting rewards shall meet the following conditions:
(1) having a clear object of being reported and specific illegal facts or clues about illegal crimes;
(2) The content of the report has not been mastered by the food and drug supervision and administration department beforehand;
(3) The situation of reporting shall be investigated by the food and drug supervision and administration department, and the investigation shall be made in the form of an administrative punishment decision or transferred to the judicial organ for criminal judgment according to law.
Article 7 The implementation of reporting rewards shall follow the following principles:
(1) In the case of reporting rewards, it is limited to real-name reporting. If an anonymous reporter has reported a claim for reward, it shall promise not to belong to Article 8(1) and (2), and provide information and effective contact that can identify the identity of the report. the way.
(2) If the same case is reported by two or more reporters with the same clue, the person who reported the first time will be rewarded.
(3) If two or more persons jointly report the same case, they shall be rewarded according to the same case, and the bonus shall be distributed by the informant.
(4) Do not repeat rewards for the same report of the same whistle-blower; two or more reported matters involving the same whistleblower, the same content part does not repeat the reward.
(5) If the final illegal facts are inconsistent with the reported matters, they shall not be rewarded; if the final illegal facts are consistent with the reported matters, only the agreed amount of the rewards shall be calculated; in addition to the reported matters, other illegal facts shall be determined. The other illegal facts do not calculate the bonus amount.
Article 8 If any of the following circumstances occurs, it is not within the scope of the award:
(1) Reports of personnel in food and drug supervision and management departments or persons who are legally obliged to supervise, discover or report violations in accordance with laws, regulations and rules related to food and drug;
(2) Reporting of the counterfeit party and its entrusted agent or interested party of the counterfeit and shoddy products;
(3) Reporting on the label or the specification that does not affect the quality and safety of the product and will not cause misleading to the public;
(4) Other rewards that do not meet the requirements of laws and regulations.
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