Views: 0 Author: Site Editor Publish Time: 2025-07-16 Origin: Site
Recently, developed by the State Administration for Market Regulation the 'National Food Safety Internal Insider Reporting System' has officially launched online. The system focuses on activate the 'internal whistleblower' mechanism of food production and operation units, open up channels for practitioners and related personnel to report clues of food safety violations, and form linkage with the 'National 12315 Platform' to promote the construction of a social governance pattern of food safety with 'national participation and full-process supervision'.
The system supports a dual-track reporting mode of real-name and anonymity. It strictly protects the information of insiders through technical means, and implements a closed-loop management mechanism of 'national unified reception, coding, and dispatch'. The whistleblower can track the processing progress in real time. The State Administration for Market Regulation will regularly analyze national clue data to accurately identify industry 'unspoken rules' and regional risks and hidden dangers, and promote regulatory authorities to respond quickly and targeted governance.
At present, the public can log in to the system through the official website of the General Administration and local market supervision departments. For valid reports that have been verified, the regulatory authorities will reward them according to regulations. This move aims to gather social forces so that every insider can become a food safety 'supervisor' and jointly protect 'safety on the tip of the tongue'.
The scope of acceptance of the reporting system is: If the food production and operation unit has one of the following situations:
1. Use of banned drugs or other substances that may endanger human health during food production and operation;
2. Use non-food raw materials to produce food, add chemical substances other than food additives and other substances that may endanger human health, or use recycled food as raw materials to produce food;
3. Failure to use food additives beyond the scope or overdose according to food safety standards;
4. Production and operation of deteriorated, expired, adulterated and counterfeit foods;
5. Process and sell poultry, livestock, animals, aquatic animals and meat and products that have died of illness, poisoning or unknown cause of death;
6. Process and sell unquarantined meat or unqualified meat products without quarantine or quarantine, or unqualified meat products without unqualified inspection or unqualified inspection;
7. Forging other people’s registered trademarks to produce and operate food, forging food origin, or using other people’s factory names and addresses, forging or using food production license signs or other product signs to produce and operate food;
8. Illegal and criminal acts involving the safety of edible agricultural products, food and food-related products;
9. Other situations suspected of violating food safety laws and regulations and may cause major food safety risks.
National Food Safety Internal Insider Reporting System: https://spjb.samr.gov.cn/#/login
【Express review】
1. Internal reporting: It is one of the most effective supervision methods. Employees within the company are directly exposed to information about illegal and irregularities on the front line of production and operation. Their reporting information is highly 'reliable', which is conducive to exposing industries, 'unspoken rules' and 'new trends' that are difficult for regulatory authorities to understand.
2. Anonymity: effectively solve the biggest concerns in internal reporting. From the previous real-name reporting to the parallel parallelism of real-name and anonymity, it can more effectively protect the whistleblower and eliminate the biggest concerns of the whistleblower. If the company that is reported cannot identify the reported employees in the future, it will promote the system to exert great power.
3. This system is more effective for large enterprises or labor-intensive enterprises. There are many employees within large enterprises or labor-intensive enterprises, and it is more difficult for anonymous whistleblowers to be identified by the enterprise, and the risk of anonymous employees reporting anonymously is lower.
4. The country also has rewards. As early as August 2024, the State Administration for Market Regulation and the Ministry of Finance issued an announcement to reward internal whistleblowers of food production and operation enterprises (attached).
5. Illegal and irregular enterprises will face the vast ocean of 'people's war'. As many employees as there are, the more eyes they have to supervise corporate behavior. If this 'internal whistleblower' measure is effective, N supervisors will be installed within each enterprise. If the upstream and downstream, suppliers, customers, etc. that are closely connected with the company, the number of supervisors will increase several times. In this way, illegal and irregular enterprises will face the vast ocean of 'people's war', and the risk of their violations being exposed will increase exponentially, thereby deterring illegal and irregular behaviors and improving the level of food safety.
6. Learn from foreign experience. The practice of internal whistleblowers has been implemented in some foreign countries. This is another strong proof of the integration of my country's food safety supervision with international standards.
7. Regulatory linkage to promote more compliance with enterprises in other aspects. 'For reporting matters that exceed the scope of the responsibilities of the market supervision department, the relevant clues shall be transferred to the relevant functional departments as appropriate.'If internal employees report that the company has problems such as taxation, labor, fire protection, etc. that exceed the responsibilities of the market supervision department, it is still possible to transfer these clues to the relevant departments for processing. In the future, further strengthening horizontal linkage between regulatory authorities is the general trend. Therefore, we should remind enterprises to pay attention.
8. Can professional counterfeiters be reported? This is the 'National Food Safety Internal Insider Reporting System', and professional counterfeiters are not 'Internal Insider', so they cannot report through this channel.
【Response Reading】
Announcement of the Ministry of Finance of the State Administration for Market Regulation on the Implementation of Rewards for Reporting Internal Whistleblowers of Food Production and Operation Enterprises
In order to encourage employees of food production and operation enterprises and the public to actively participate in social supervision, further play the role of social co-governance, and promptly discover and effectively control food quality and safety risks, in accordance with the 'Food Safety Law of the People's Republic of China' and its Implementation Regulations and other provisions, the following announcement is hereby made on the implementation of the internal reporting and reward system for food production and operation enterprises.
1. The market supervision and management department shall apply this announcement to the internal whistleblower who shall report illegal food quality and safety behaviors in the enterprise under real name.
2. The 'internal whistleblower' mentioned in this announcement includes internal personnel and relevant insiders of food production and operation enterprises and third-party platform providers of online food transactions (hereinafter collectively referred to as enterprises). Internal personnel refer to persons who have concluded labor contracts with the enterprise; relevant insiders refer to persons who terminate labor contracts with the enterprise within one year, have business contacts with the enterprise, and temporarily hired by the enterprise, etc.
3. Market supervision and management departments should publicly report relevant regulations on rewards to the public, open up reporting channels, and guide enterprises to make public announcements in prominent locations in their production and operation sites. Internal whistleblowers can report illegal food quality and safety behaviors of enterprises to market supervision and management departments at all levels through the Internet, telephone, fax, mailing address, window and other channels published by the market supervision and management department.
4. After receiving the report from an internal whistleblower, the market supervision and management department shall promptly conduct investigations and verifications in accordance with the relevant provisions of the 'Interim Measures for Handling Complaints and Reports of Market Supervision and Management', and inform the internal whistleblower whether to file a case. The market supervision and management department may, based on the needs of case investigation, invite the internal whistleblower to assist in the investigation.
5. After verified that it is true, after the market supervision and management department responsible for investigation and processing makes a final handling decision, the internal whistleblower who meets the reward conditions shall be rewarded. The source of reward funds, reward conditions, reward standards and reward procedures shall be implemented in accordance with the relevant provisions of the 'Interim Measures for Rewards for Major Illegal Violations in the Field of Market Supervision' (Guoshi Supervision Regulation [2021] No. 4, hereinafter referred to as the 'Measures'). In addition to material rewards, spiritual rewards such as reporting and commendation, issuing honorary certificates, and awarding honorary titles can be implemented on the premise of obtaining the consent of the internal reporter. If the same internal whistleblower reports the same illegal act, no repeated reward will be given.
6. If the clues of food quality and safety violations provided by the internal whistleblower to the market supervision and management department are those that are highly concealed, have a great degree of harm, have a wide social impact, or avoid major food quality and safety violations, eliminate major food quality and safety hazards, and assist in the investigation and handling of major food quality and safety violations, the market supervision and management department responsible for investigation and handling may appropriately increase the reward standards if it obtains the consent of the financial department of the people's government at the same level. The maximum amount of the reporting reward for each case shall be implemented in accordance with the relevant provisions of the Measures.
7. Market supervision and management departments should optimize and simplify the process of reviewing and issuing reward funds to reduce the acquisition of unnecessary personal information from internal whistleblowers. The internal whistleblower shall cooperate to provide necessary personal information such as real identity documents, valid contact information, and proof of employment relationship with the company. If the internal whistleblower has special requirements for the method of issuing the reward, he may consider it at his discretion.
8. Market supervision and management departments shall strengthen the protection of personal information of internal whistleblowers in accordance with the relevant provisions of the Measures. Without the consent of the internal reporter, their identity information, reporting content, reporting rewards and other related information shall not be disclosed in any way.
9. Enterprises shall not retaliate against internal whistleblowers by terminating or changing labor contracts or other means. If the above behavior occurs, the corresponding liability shall be borne in accordance with the law; if the crime is suspected, criminal liability shall be pursued in accordance with the law.
10. Internal whistleblower is responsible for the authenticity of the report content and shall not provide false or forged evidence, falsely report the case or interfere with the handling of the case. Those who make malicious reports such as forgery of materials, concealing facts, or commit fraud to obtain reward funds shall be strictly dealt with in accordance with Article 23 of the Measures.
11. Enterprises should establish an internal food quality and safety risk resolution system in conjunction with the 'daily control, weekly inspection, and monthly dispatch' working mechanism, and encourage internal personnel to actively discover and actively reflect food quality and safety risks. The main person in charge of the enterprise, the food safety director, and the food safety officer shall implement food safety management responsibilities and promptly analyze and verify the food quality and safety risks reported by internal personnel. If verified to be true, the enterprise should promptly make rectifications and give certain rewards to internal personnel who reflect food quality and safety risks as appropriate.
12. This 'Announcement' shall be implemented from the date of its publication, and the rewards for reporting by internal personnel of other food producers and operators and relevant insiders may be implemented in accordance with reference.
Ministry of Finance of the State Administration for Market Regulation
August 30, 2024
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