Interpretation of the New Food Safety Law Implementation Regulation

On 9 December 2015, the China Food and Drug Administration (CFDA) published a Notice for public comments on the Food Safety Law Implementation Regulation (exposure draft), opinions and advice should be given before 8 January 2016. This draft is a very detailed supplementary for food safety law which come into force on 1 October and other regulations on formula registration of infant formula milk powder, dietary supplement registration and record etc, which were released in recen months.

Highlights

For online food trade

1. The information of third party platform of online food trade should be recorded under local FDAs in 30 days after getting the business license, such as the web site, IP address, IP examination certificate, company name, contacts etc.

2. Operators must obtain the food operating license before engaged in the online food trade.

3. The information of operators should be recorded under local FDAs in 30 days after they conduct the online trade. Meanwhile, the business license, operating license and other related documents should be publicized on the conspicuous position of the main website page or homepage.

More information of the Administrative Measure on the Supervision of Online Food Trade (exposure draft) can be found here

For infant formula milk powder

1. The infant formula milk powder should be only made from ewe's milk and cow’s milk.

2. There should have a significant difference between each registered product formula which is produced by the same company and for the same age and it should be confirmed by scientific basis. In general, at most 3 series with 9 kinds of formulas could be registered for one company. It is stricter than the rule stipulated in the Administrative Measures for the Registration of Formula of Infant Formula Milk Powder (exposure draft)which 5 series with 15 kinds of formulas are allowed for a company.

3. The technical evaluation fee and inspection fee will be charged during the registration of dietary supplement, food for special medical purpose and infant formula milk powder.

For Chinese label

1. The words like “special supply” is forbidden on the Chinese label and specification, such as “特供”, ”专供”, ”特制”, ”监制”.

2. If a substance cannot be used in food product according to related national standards, it also cannot be emphasized with the words like “no addition”, “no containing” or others on the label.

3. “non-GMO” cannot be indicated on the Chinese label if it is unapproved GMO food or GMO ingredients with Chinese words like “非转基因”.

4. Quantitative consumption and Daily consumption cannot be indicated on the label of common food except dietary supplement, food for special medical purpose and infant formula milk powder, such as “定量食用” , “每日规定食用量”.

5. The Chinese label should be directly printed on the packaging before importing into China market, and the sticker label is forbidden.

6. The definition of “label flaw” is stipulated for the first time. If an insubstantial mistaken label won’t impact food safety and won’t mislead the customer, it will be regarded as a flaw label, not an incompliant label, such as font size, punctuation, character pitch, typeface etc. 

Related enterprises should get ready to the new regulations, and CIRS will keep focusing on it. We will update the following progress once it comes into force.

Detailed implementation rules in regard of dietary supplement and food for special medical purpose will be updated soon.