China CFDA Released Punishing Measures on Food Safety Fraud for Public Comment

In order to strengthen the investigation and management of food safety fraud, CFDA released Punishing Measures on Food Safety Fraud (Draft) for public comments on 15 February, 2017. Opinions and advises shall be given before 14 March, 2017. Here CIRS will list some important information formulated in this regulation.

1. Food Safety Fraud

Food safety fraud includes product fraud, food production and operation fraud, label specification fraud, food publicity fraud, information fraud, food inspection and certification fraud, license application fraud, record information fraud, report information fraud and the submission of false regulatory information.

2. Details and Punishing Measures for Food Safety Fraud

In order to help you have a better understanding of the food safety fraud, here we take “Label specification fraud” and “Food publicity fraud” that catches the most attention as two examples.

Food Safety Fraud

Details

General punishing measures

Label specification fraud

I. False labeling of food name, specifications, net weight, composition or ingredients list, standard code, storage conditions, etc.;

II. False labeling of the enterprise, product registration number, production license number, processing technology, origin, production address, contact information, etc.;

III. False labeling of production date and expiry date.

IV. False labeling the signs of pollution-free food, organic food, green food and others;

V. False labeling of "酿造(Brewing)" "纯粮(pure grain)" "固体发酵(solid fermentation)" "鲜榨(fresh squeezed)" "现榨(fresh squeezed)" and other words;

VI. The nutrition information in label doesn’t correspond to the fact.

I. Give punishment in accordance with relevant Articles of the Food Safety Law;

II. Impose a fine of 10,000 to 30,000 yuan to the legal representatives and direct responsible persons.

Food publicity fraud

I. Food performance, function, origin, specifications, composition, producer, standard, shelf life, inspection reports and other information don’t match the actual situation.

II. Using fictional, forged or unquestionable scientific research, statistical data, survey results, literature and other information as proofs.

III. Ordinary food expresses or implies with efficacy or special medical use, or uses "可治疗(treatable)", "可治愈(curable)" and other medical terms

IV. Food publicity information relates to disease prevention and treatment function.

V. Health food publicity information contains unproven efficacy, or conceals the appropriate crowd and the unsuitable crowd.

VI. Using "纯绿色 (pure green)", "无污染 (no pollution)" and other exaggerated propaganda.

VII. Using genetically modified food to impersonate non-genetically modified food.

I. For item I to item VI, give a warning, and impose a fine of 10,000 to 30,000 yuan, and impose a fine of 5,000 to 10,000 yuan to the legal representatives and directly responsible persons.

II. For item VII, give punishment in accordance with relevant Article in Food Safety Law, and impose a fine of 10,000 to 30,000 yuan to the legal representatives and directly responsible persons.

PS: For the complete Draft, please kindly click here to download the Chinese version.

CFDA specified the fraud for food safety, to strengthen the supervision on food production and distribution behaviors. Enterprises shall pay attention to the integrity management and also suggested to check the key points in accordance with the draft carefully, to avoid the illegal behaviors in the future.

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Reference: 

http://www.sfda.gov.cn/WS01/CL0782/169500.html