Comprehensive Chinese Food Safety Law Effective as of June 1
by Zhaokang Jiang
A sweeping new Chinese food safety law enacted in the wake of several food safety incidents that tainted the “Made in China” brand worldwide entered into force June 1. This law toughens penalties against makers and traders of food, establishes a Cabinet-level food safety commission to improve coordination between departments and agencies, strengthens monitoring, streamlines food safety standards, establishes procedures for recalling substandard products and tightens import and export enforcement. Regulations to implement the law are still being developed by the State Council.
For businesses operating in the food product supply chain, abiding by the food safety law and its implementing regulations may require additional resources and increase costs, especially in the short term. In the long run, however, compliance will more than pay for itself by increasing the safety and quality of food products, improving consumer perception of your brand and promoting smoother operations.
A summary of the major provisions of the food safety law is provided below.
Definitions
• Food – any substance, whether processed or not processed, that is suitable for eating and/or drinking, including drinks, chewing gum and substances added to or remaining in food, excluding substances solely used as medicine
• Pre-packaged Food – food that is prepackaged or made in containers or packaging materials and supplied to consumers and food and catering services directly
• Food Additive – any synthetic or natural substance used to improve the quality, color, fragrance or flavor of food and added to the food or put together with the food for processing technology requirements
Food Safety Standards
Food safety standards are mandatory and consist of national standards and local standards. Local standards may be developed if no national standard is available. Where there is no national or local standard available, the food producer must develop its own food safety standard, which must be recorded with the provincial government health administration before production starts.
Food safety standards must specify:
• the limits of the content or concentration of pathogenic micro-organisms, pesticide
residues, veterinary medicine residues, heavy metals, contaminants and other substances
that may be hazardous to human health in food
• the type, scope of application and amount of allowed food additives
• nutritional ingredient requirements for staple and supplementary food exclusively for babies
• requirements for labels, identification and instructions relevant to food safety and nutrition
• health requirements for food production and trading processes
• quality requirements related to food safety
• methods and procedures for food inspection and testing
• other particulars necessary for developing food safety standards
Food Inspection and Testing Agencies
Only food inspection and testing agencies accredited, certified and/or recognized by the State Council’s administrative department for the supervision and administration of certification and accreditation may perform food product inspection or testing.
Food Production and Trade License
An appropriate license is required for the production and trade of food products. No organization or individual may produce or trade food products without such a license or permit except in the following circumstances.
• a food producer that has obtained a license for food production sells the food it produces at its place of production, in which case a license for food distribution is not required
• a provider of catering services that has obtained a license for such services sells the food it makes and processes at its place of business, in which case a license for food production and distribution is not required
• an individual farmer sells edible agricultural products he produces, in which case a license for food distribution is not required
• a food producer produces food that is sold within the jurisdiction of its home town, in which case a license for food production is not required
New Types of Food Additives and/or Food-Related Products
Any organization or individual willing to produce new types of food additives and/or food-related products must submit materials assessing the safety of those products to the State Council-authorized administrative department responsible for food safety risk assessment. The materials must be reviewed within 60 days. If the food safety requirements are met, a license will be granted and a public announcement made. If the application is rejected, a written response will be given explaining the reasons.
Recordkeeping
Food producers must establish verification systems for food ingredients, food additives and food-related products to verify food production or distribution licenses, business licenses, inspection reports for outgoing food and other certificates supporting the acceptability of food from suppliers of food ingredients, food additives or food-related products. Information such as name, specification, quantity, supplier name and contact information, and purchase date must be recorded. For products subject to the food safety supervision code system, the appropriate code must be verified as well. Any food ingredients, food additives and food-related products that do not meet food safety standards may not be purchased or used.
Food producers are also required to establish and maintain records of inspections of exported food. Information such as name, specification, quantity, production date, batch number, inspection certificate number, purchaser name and contact information, and sale date must be included. Any food failing to meet food safety standards or that is inconsistent with the label information, instructions or food packaging will not be released for sale.
Companies involved in food trade must verify the appropriate code when purchasing food subject to the food safety supervision code system. When purchasing food not subject to this system, the following items must be verified: whether the supplier has a food production license or a food distribution and business license, and whether an export inspection report or another certificate supporting the acceptability of the food is provided. Food traders must also store food in accordance with food safety assurance requirements, regularly checking food in storage and promptly removing any that is spoiled.
For imported food, food traders must establish and maintain inspection records and correctly record such information as the name, specification, quantity, production date, batch number, shelf life, supplier name and contact information, and purchase date.
All of the records described above must be maintained for at least two years, and alterations or forgeries are prohibited.
Labeling
When storing food in bulk, food traders must indicate such information as the food product name, production date, shelf life, and producer name and storage place contact information. When selling bulk food, traders must indicate on the container and external package the food product name, production date, shelf life, producer name and contact information, and trader name and contact information.
Food traders are required to sell pre-packaged food in accordance with the usage, instructions or precautions indicated on the label or in the food instructions. Traders must also indicate to consumers that the food they sell conforms to food safety requirements and assume relevant responsibilities and liabilities.
Pre-packaged food must have on the packaging a that indicates (1) the name, specification, net content and date of production; (2) ingredients or formulation; (3) producer name, address and contact information; (4) shelf life; (5) product standard(s) code; (6) storage conditions; (7) food additives used; (8) food production license number; and (9) other information that must be indicated in accordance with applicable laws, regulations and national food safety standards.
Labels on staple and supplementary food exclusively for babies must indicate the main
nutritional ingredients and their contents.
Food subject to the food safety supervision code system must include the appropriate code on the label.
Food additives must have a label, instructions and packaging. The instructions or label
must include the information required for pre-packaged food items 1-6, 8 and 9, and the scope of use, dosage and application of the food additive, with the words “Food Additive” indicated on the label.
Labels and instructions for food and food additives must be clear and conspicuous.
Food Recall System
When a food producer detects the production of any unsafe food, it must immediately stop production and disclose relevant information to the public, notify relevant producers and traders to cease production and trade of such food, notify consumers to cease consumption of such food, recall such food released to the market, and record all recalls.
When a food trader detects the trade of any unsafe food, it must immediately stop trading, notify relevant producers and traders to cease production and trade of such food, notify consumers to cease consumption of such food, and record all notifications.
Food producers and traders must destroy or render harmless all recalled food to prevent its re-entry into the market.
Importation and Exportation
Imported food, food additives and food-related products must comply with China’s national food safety standards. With respect to food additives and food-related products being imported for the first time, or food being imported for the first time that is not covered by existing national food safety standards or international standards, treaties or agreements, the importer must submit to the State Council-authorized food safety risk assessment administrative department an application for import accompanied by relevant safety assessment materials.
Imported food must be inspected and approved by the exit-entry inspection and quarantine authority. Customs will only allow products with exit-entry inspection and quarantine authority inspection certificates to be imported.
Exporters or agents exporting food to China are required to file a recordation with the State Council administrative department for exit-entry inspection and quarantine. Overseas food producers exporting food to China must also register with the State Council administrative department for inspection and quarantine. These departments will regularly release the list of exporters and agents and registered overseas food producers.
Imported pre-packaged food must have labels and instructions in Chinese. These labels and instructions must conform to the food safety law as well as other applicable Chinese laws and regulations and national food safety standards. Labels and instructions must indicate the food’s place of origin and the domestic agent’s name, address and contact information. Pre-packaged foods that fail to meet these requirements may not be imported.
Food importers must establish and maintain import and sales records, correctly recording such information as the product name, specification, quantity, production date, production or import batch number, shelf life, exporter name and contact information, purchaser name and contact information, and delivery date. Food import and sales records may not be altered or forged and must be maintained for at least two years. If any imported food is found to be unsafe, the importer or exporter thereof must recall it.
Food to be exported must comply with the requirements of the importing country (or region) and be tested and approved by China’s authority for exit-entry inspection and quarantine. Customs will only allow products with inspection and quarantine certificates to be exported. Producers of exported food, plantations and breeding farms for food ingredients for exported food must file a record with the State Council administrative department for exit-entry inspection and quarantine.
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