Global Food

Impacts of 2019 novel Coronavirus-caused pneumonia epidemic on food import and export trade

Recently, the World Health Organization (WHO) has listed the pneumonia epidemic caused by the 2019 novel Coronavirus (COVID-19) as an “Public Health Emergency of International Concern”, which has aroused widespread concern in various countries. Although the Director General of the WHO, Tan Desai said that he does not recommend travel and trade restrictions on China, and some countries shall avoid taking extreme response measures, but in order to prevent and control the epidemic, some countries have adjusted their trade policies with China, causing certain impacts on China’s food import and export trade. At the same time, affected by the epidemic, delays in the work resumption of many domestic foreign trade enterprises have also caused losses to China’s foreign trade. FOODMATE has summarized the impacts of the current COVID-19 caused pneumonia epidemic on food-related trade measures in various countries and regions, for your reference. China will actively expand imports in response to the COVID-19 caused pneumonia epidemic, further facilitate work related to technology import and export, and provide assistance to foreign trade enterprises On February 3, 2020, the General Office of the Ministry of Commerce printed and distributed the “Notice on work related to actively expanding imports in response to the COVID-19 caused pneumonia epidemic” and the “Notice on work related to further facilitating technology import and export during epidemic prevention and control”. The document states that China will actively use imports to increase the supply of domestic meat and other agricultural products in the market, give full play to the advantages of the new foreign trade format, and do a good job of expanding imports in light of local realities. In addition, local commerce authorities shall earnestly support enterprises in carrying out normal production and operation activities, and implement “no-meeting” services. On the same day, Vice Minister of the Ministry of Commerce, Wang Bingnan said at the press conference of the State Council Information Office that all central departments and local governments are making accurate policies for enterprises to do well in exporting. At the same time, for the purpose of reducing enterprise losses, the Ministry of Commerce printed and distributed the “Notice on helping foreign trade enterprises to overcome difficulties and reduce losses in response to epidemic” on February 5, 2020, requiring all chambers of commerce to assist the enterprises in need to issue free factual proof of force majeure for failure of delivering on time due to the epidemic. International Dairy Federation predicts that epidemic may affect US dairy exports to China At the International Dairy Federation Forum held recently, some experts said that although the first phase of China-US trade agreement has brought new light to the stabilization of China-US trade situation, China’s plan on committing to purchase US agricultural products worthy of US $ 200 billion may be difficult to advance under the impacts of COVID-19 caused pneumonia epidemic in China, and the epidemic may slow US dairy exports to China. Russia implements a one-month temporary animal import restriction order, and the Russian Ministry of Agriculture does not consider restricting the import of Chinese foods due to COVID-19 caused pneumonia epidemic In order to protect the Russian Federation from suffering the epidemic impacts of infectious diseases, the Russian Federal Veterinary and Phytosanitary Supervision Bureau has issued a one-month temporary animal import restriction order. The animal species covered include imported and transient show animals and aquatic products from China, etc. In addition, from February 3, 2020, the Russian Railway Department will suspend the transportation of Chinese passengers, but so far no impact has been caused on the transportation of goods. Russian dairy products and other foods will be normally exported to China as planned. The China’s Ambassador to Russia, Zhang Hanhui recently said that the temporary closure of individual ports and routes will not have a significant impact on the overall China-Russia trade situation. On February 5, 2020, according to the Russian Satellite Agency, the Vice Minister of the Russian Ministry of Agriculture, Maxim Uvaidov told reporters that the Russian Ministry of Agriculture does not consider restricting the import of Chinese foods due to COVID-19 caused pneumonia epidemic. Armenia has issued a ban on import of animal products and raw materials from China Armenia bans the import of animal products and raw materials from China. This ban also applies to the animal products imported from other countries that are produced with Chinese raw materials. The ban came into force on January 26, 2020 and is long-term effective until the World Health Organization (WHO) has officially released COVID-19 caused pneumonia epidemic over in China. Kyrgyzstan has banned imports of Chinese meat and proposes a total ban on imports of Chinese agricultural products The Russian Sputnik news agency reporter learned from the Kyrghyzstan State and Plant Health Quarantine Bureau that Kyrgyzstan will ban the import of meat from China due to the impact of COVID-19 epidemic in China. In addition, a spokesman for Kyrgyzstan stated on January 28 that the import of agricultural products from China is suspended and the possibility of a total ban on import of agricultural products from China is currently being analyzed. Jordan decides to suspend imports of animal and plant products from China The Jordanian Ministry of Agriculture stated on February 2 that the Jordanian authorities have announced a moratorium on the import of Chinese animal and plant products to prevent COVID-19. The Director of Licensing Division of this Ministry said that the action is to prevent the spread of COVID-19 in Jordan, and the Ministry of Agriculture will review the decision “in the future”. Relevant import licenses have been suspended until further notice. Tajikistan: Ban on all types of food imports from China On January 30, 2020, according to the Tajikistan Food Safety Commission, since the outbreak of COVID-19 in China, the Commission has banned the import of all types of food from China. But according to the chairman of the committee, Muhammad saiid Ubaidullo, even before the emergence of COVID-19s in China in 2019, the Tajikistan Food Safety Commission does not allow the country’s businessmen to import food from China to Tajikistan. The food that can be imported from a third country is also strictly controlled. Tajikistan stated that no Chinese food has been shipped to the country after the virus appeared. Vietnam Ministry of Agriculture and Ministry of Industry and Trade study response to epidemic impact on agricultural exports On February 3, 2020, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade jointly organized a meeting to discuss how to promote the production and export of agricultural products under the influence of the epidemic. China is an important agricultural product export market for Vietnam. The COVID-19 epidemic has severely affected Vietnam’s agricultural production, and market access negotiations including durians and bird’s nests that are drawing to a close have to be postponed. The Ministry of Agriculture stated that it will actively arrange experts from the General Administration of Customs of China to visit Vietnam to promote the export of Vietnamese agricultural products to China. Indonesia does not stop importing Chinese food According to the latest report by Bloomberg, the Minister of Coordinating Ministry for the Economy of Indonesia told the media on Tuesday that the government will only ban the import of live animals from China, and food such as fruits will continue to be transported as usual. One day ago, on February 3, 2020, Indonesian Trade Minister, Agus Suparmanto, just confirmed that the government plans to suspend the import of food from China. Some professionals have analyzed that Indonesia’s overreacted trade measures will have a “negative impact” on Indonesia’s investment and economy. Brazil agriculture minister says that normal trade between the two countries is not affected by the outbreak On February 4, 2020, Chinese Ambassador to Brazil, Yang Wanming and Brazilian Minister of Agriculture, Christina accepted an interview with mainstream media. Christina expressed her belief that the normal trade between the two countries will not be affected by the epidemic situation and will maintain a good momentum as before. Pakistan will not take restrictive measures against China in the field of trade. Malaysia does not restrict trade with China On January 30, 2020, Malaysian Vice Minister of International Trade and Industry, Wang Jianmin said in an interview with the media that although China is experiencing the COVID-19 epidemic, Malaysia’s import and export activities with China will not be affected. So far, trade activities between the two countries have not been suspended due to the epidemic. The relevant information of the food import and export trade affected by the epidemic situation form other countries have not yet been monitored. If there is any change, FOODMATE will continue to update. ​ Please note: Original English article of Business Division of Food Safety and Regulatory Compliance of Global Foodmate, please indicate the source from the Global Foodmate if reprint. Business Division of Food Safety and Regulatory Compliance of Global Foodmate provides food standards & regulations research, labelling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net  

Emergency plan for 2019 novel Coronavirus infected pneumonia epidemic of XX Food Co., Ltd.

FOODMATE has translated the Emergency plan for 2019 novel Coronavirus infected pneumonia epidemic of XX Food Co., Ltd., for your reference.  Emergency plan for 2019 novel Coronavirus infected pneumonia epidemic of XX Food Co., Ltd. In consideration of the serious 2019 novel Coronavirus (2019-nCoV) epidemic, our company has hereby formulated this plan: To establish an epidemic emergency leading group and to organize the personnel in all departments of the company to carry out epidemic prevention. The list of the epidemic prevention leading group is as follows:   Other departments such as the Financial Department, Business Department, Quality Control Department, Warehousing Department, Purchasing Department, canteen, etc., shall implement relevant regulations in accordance with the requirements of the leading group. The company will now delays the start time of work to February 10, 2020 (the 16th day of the first lunar month). During this period, the management personnel shall be on shift in the factory in the order of duty, and immediately report to the group leader or deputy group leader of the epidemic emergency leading group in case of finding any problem. Employees and outsiders who arrive at the factory before starting work shall be advised to return. I. Security Section: 1. Security Section needs to be equipped with the following equipment:   2. Inspection by the Security Section: any personnel, including the personnel of the Security Section, must wear medical masks and use 75% alcohol for hand disinfection. The 200 ppm disinfectant fluid shall be used to spray the floor of the Security Section and the office buildings, bathrooms, and dormitories every day; 3. The Security Section shall be equipped with electronic thermometers. Any personnel entering the factory must undergo a temperature detection. If the temperature is higher than 37.3 ℃, he/she shall be advised to see a doctor and do self-isolation; 4. Keep records of any personnel entering the factory, including his/her name, source, temperature, contact information, etc.; 5. Any vehicle entering the factory district shall be disinfected by spraying 200 ppm disinfectant fluid;  II. Business Department: 1. Give feedback to customers on the start time of work and the order arrangements; 2. Communicate with recently visiting customers, cancel the recent visiting matters, and arrange after the epidemic is over; 3. Communicate with the Production Department about the delivery plan after starting the work and the matters related to materials and packaging materials. III. Production Department: 1. Keep statistics of the employees before starting work, such as the number of local employees and of the employees from other provinces and cities, and the presence of fever and epidemic in their relatives and friends or in their surrounding area, etc. If there is a fever or an epidemic, the personnel associated shall be advised to undergo active treatment at home and self-isolation; 2. After starting work, detect the temperature of the employees entering the workshop in every morning and noon. If the temperature is higher than 37.3 ℃, they shall be advised to undergo treatment and self-isolation. They shall not be allowed to return to their work until recovery; 3. Disinfect the floor and wall of the production area every day by spraying 200 ppm sodium hypochlorite. Disinfect the changing rooms and workplaces with ozone after daily shift of the workshop; 4. Report the physical examination of employees in the workshop, especially those with a cold and fever, to the epidemic emergency leading group until the epidemic is over; 5. Gate duty personnel shall strictly require the employees to wear a medical mask before entering the workshop, and do hand disinfection by soaking their hands for 30 seconds in 150 ppm disinfectant fluid followed by using 75% alcohol. Personnel who does not strictly implement disinfection are prohibited from entering the workshop; IV. Canteen: 1. Carry out daily temperature check of the staff in the canteen. If the temperature is higher than 37.3 ℃, the staff shall be advised to undergo treatment and self-isolation. 2. The canteen staff shall, before working every day, wear a medical mask, and do hand disinfection by soaking their hands for 30 seconds in 150 ppm disinfectant fluid followed by using 75% alcohol; 3. The canteen staff shall use 200 ppm disinfection fluid to spray the floor and desktop daily at 9:00, 14:00 and 19:00; 4. The canteen staff shall open the windows of the canteen for ventilation for 2 hours respectively at 9:00-11:00, 14:00-16:00 every day. The window opening time may be adjusted based on the weather conditions; 5. The tableware in the canteen: the cleaned tableware including stainless steel bowls, dishes and chopsticks shall be subject to high temperature disinfection (at 100 ℃ for 20 minutes) in every morning, noon and evening; 6. The work clothes and gloves of the canteen staff shall be cleaned and disinfected with 150-200 ppm disinfection fluid;  V. Purchasing Department: 1. Contact the inventory and purchase of raw and auxiliary materials, packaging materials, and deoxidizers in advance, and take a full consideration of the extension of transport time or the failure of goods arrival due to the epidemic; 2. Purchase alcohol and sodium hypochlorite in advance. Due to the shortage in the market, it may be difficult to purchase and therefore reserves are required; 3. Contact to purchase the medical masks and disposable gloves to ensure the maximum production and processing needs; 4. Give an advance notice to foreign vehicles to actively accept disinfection measures when entering the factory, otherwise they will not be allowed to enter.  VI. Office: 1. The Office shall register the registration personnel.For the registration personnel from the epidemic area, carefully ask whether there is an epidemic around them. 2. Keep daily statistics of registration personnel, including their sources, and report; 3. Post common knowledge of epidemic protection at the entrance of the factory, in the propaganda column of the factory district, at the entrance of the workshop, in the canteen and the dormitory buildings; 4. Deploy special disposable garbage cans in the factory district for recycling of disposable masks at the designated location, which shall be discarded after sprayed with disinfectant fluid.   VII. Logistics departments: 1. Large-scale meetings, dinners, visits and trainings within the company shall be cancelled, and video conferences shall be tried for communication; 2. Each department shall cooperate with the gate duty personnel of the Security Section and Production Department in the check of temperature. If the temperature is higher than 37.3 ℃, the personnel shall consciously undergo treatment and self-isolation; 3. All personnel shall wear medical masks and disinfect their hands by spraying 75% alcohol when entering the office area; 4. The office area shall be maintained ventilation by regularly opening windows in the morning, noon and afternoon; 5. The unnecessary business trips shall be stopped during the epidemic, and replaced with telephone, WeChat, etc. If you must travel, please report the destination, and accept temperature check and do hand disinfection after returning to the factory; XX Food Co., Ltd. January 29, 2020 Please note: Original English article of Business Division of Food Safety and Regulatory Compliance of Global Foodmate, please indicate the source from the Global Foodmate if reprint. Business Division of Food Safety and Regulatory Compliance of Global Foodmate provides food standards & regulations research, labelling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net

Guidelines for Novel Coronavirus infected pneumonia epidemic prevention and control in catering service industry in Guangdong province

FOODMATE has translated the Guidelines for Novel Coronavirus infected pneumonia epidemic prevention and control in catering service industry released by Guangdong Administration For Market Regulation, for your reference.  According to the spreading characteristics of 2019 Novel Coronavirus (2019-nCoV) infected pneumonia epidemic, the catering segment is an important part of epidemic prevention and control, which is of great significance for the prevention and control of the epidemic. Recently, the Guangdong Administration For Market Regulation organized experts in food and disease prevention and control to compile the “Guidelines for Novel Coronavirus infected pneumonia epidemic prevention and control in catering service industry in Guangdong province”, giving scientific guidelines from the aspects of food raw materials, requirements for practitioners, operating practices, cleaning and disinfection of places, management and control of people gathering and dinners,etc. To sum up, the content of the Guidelines is to do a good job of the “five musts”: purchase of food materials "must be inspected", practitioners "must be subject to a health examination", cleaning and disinfection "must be conducted", people gathering "must be controlled", operating practices "must be performed", which consists of 16 articles. On January 28, 2020, the Guidelines was officially released to the society, requiring all catering service units in Guangdong province to strictly implement them. If you find that a catering service unit does not follow the Guidelines, you can call 12315 and 12345 hotline at any time to report. The content of the Guidelines is as follows: (I) It is prohibited to operate or store wild animals or wild animal products. (II) Purchase, breeding and on-site slaughtering of live livestock and poultry animals are not be allowed. (III) Do a good job in asking for certificate and invoice of meat and meat products to ensure the traceability of meat sources. In particular, the inspection of the “two certificates and one report” of pork shall be strengthened. It is strictly prohibited to purchase and use the meat and meat products of livestock and poultry animals that died of diseases, poisoning or any other unknown causes. (IV) Catering service operating units shall conduct morning inspections of employees (inspect before each meal if necessary), keep records and filing. In case of finding any on-the-job employees with fever (above 37.3 ℃), cold, cough symptom, and respiratory infections, they shall be immediately stopped working and urged to see a doctor promptly. Also, they shall not be allowed to return to their work until they are diagnosed with a non-2019-nCoV infection by the hospital. (V) All on-the-job employees shall wear masks and replace the masks in a timely manner according to regulations. (VI) Practitioners shall try to avoid close contact with those who have symptoms of respiratory diseases, and avoid contact with wild animals, farmed or diseased livestock and poultry animals. (VII) Practitioners shall wash their hands with running water and liquid soap by following a six-step hand-washing method before preparing foods, after processing raw or cooked foods, before meals and after using the toilet, and after contacting with wastes. The hands shall be rubbed for not less than 15 s. Practitioners shall remind diners to wash their hands before dining. (VIII) The work of the staff from Wuhan City shall be suspended and assistance shall be provided to send them to the community workstation where they live (locate in) to complete the registration of information, accept the management of the community workstation, and take temperatures in the morning and evening. They are allowed to return to their work after 14 days of self-isolation and observed health. (IX) Food processing and manufacturing shall comply with the “Food safety operating practices in food services”. It shall be ensured that the dishes are strictly cleaned and disinfected before use. For the cleaning and disinfection of dishes, please refer to the “Recommended method for cleaning and disinfection of dishes”. (X) The dining places, clean-keeping facilities, personnel passages, elevator rooms, and washrooms shall be disinfected every day. The washrooms shall be equipped with hand-washing faucets, liquid soap, and disinfectant, etc. (XI) Good air circulation shall be maintained in processing and dining places. The air filtering apparatus shall be cleaned and disinfected regularly. (XII) Operating units that provide online meal ordering and delivery services shall clean and disinfect the incubators, logistics vehicles and logistics turnover tools for delivery of meals every day. (XIII) If there is a restaurant where suspected cases or confirmed cases have dined recently, terminal disinfection shall be carried out (a thorough disinfection of the epidemic spot after the source of infection leaves the epidemic spot or the state of infection is terminated due to hospitalization, transfer or death). (XIV) Increase the awareness of the situation of epidemic prevention and control, cooperate with the government to enhance the interpretation and promotion of relevant policies and regulations, scientific knowledge, and prevention and control measures for epidemic prevention and control, and strengthen the publicity of epidemic prevention and control in restaurants, such as posting signs for prohibiting to receive large-scale dinner activities, etc. (XV) Catering service operating units are prohibited from receiving large-scale dinner activities until the epidemic prevention and control is lifted. (XVI) Conditional catering service operating units shall have corresponding temperature measuring devices to detect and remind consumers of fever symptoms. If consumers are found to have respiratory infection symptoms such as fever, cold, cough, etc. at the dining place, they shall be actively advised to leave and reminded to go to the hospital promptly. Please note: Original English article of Business Division of Food Safety and Regulatory Compliance of Global Foodmate, please indicate the source from the Global Foodmate if reprint. Business Division of Food Safety and Regulatory Compliance of Global Foodmate provides food standards & regulations research, labelling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net

Before Importing Food into China: 10 Things You Need to Know

1. What is this about? To import food into China need to understand and comply with requirements under the Food Safety Law of the People’s Republic of China (Presidential Order No. 21). In recent years, China has been continuously reforming and optimizing the imported food supervision model. FOODMATE has summarized 10 things that need to be prepared before importing, for your convenience of import.   2. Who need to read it? Any business intending to bring food into China. For example, an import broker or agent importing food into China or a business based in another country or region intending to import food into China. 3. Who do you need to do? (1) Confirm whether food is allowed to be imported into China (2) Confirm if food production enterprises need to be registered According to the Catalogue for the Implementation of Registration of Overseas Manufacturers of imported Foods, if the food you import belongs to meat, aquatic products, dairy products (including milk-based formula for infants and young children), and bird’s nest products, then the production enterprise of such food are required to register with the Chinese Customs. China Customs announced the registration list of foreign food production enterprise on the official website. It should be noted that, on November 26, 2019, the General Administration of Customs of China issued a revised draft of the Regulations on the Administration of Registration of Overseas Manufacturers of imported Foods (see interpretation) If such draft is implemented, then China’s management mode on the registration of imported food production enterprises will have a change from following catalogue management to classification registration management. (3) Confirm whether the imported food meets the national food safety standards of China imported food shall conform to the national food safety standards of China. Food covered by general standards or product standards in the national food safety standard of China, food announced or approved by relevant departments of the State Council, and premixed food mixed with various raw materials according to existing food safety standards are not imported foods without corresponding national food safety standards. (4) Confirm whether food raw materials are allowed to be used in China Food raw materials shall be provided with the characteristics of food, meet the nutritional requirements, be nontoxic and harmless, and do not cause any acute, sub-acute, chronic or other potential hazards to human health. At present, the materials that China can use as food raw materials mainly include common food raw materials, as well as approved novel food ingredients, ingredients that are traditionally both food and traditional Chinese medicine, health food raw materials, strains that can be used for food, food additives, nutritional fortification substances, etc. You need to confirm whether the raw materials of the imported food are allowed to be used in China. (5) Confirm whether it is a special food that needs to be registered or filed If China has registration or filing requirements for special foods, it must complete the registration or filing with the State Administration for Market Regulation before the import. At present, the product formulation of imported formula food for special medical purposes and infants & young children formula milk powder shall be registered. For health food, the health food using raw materials other than the list of raw materials for health food and health food imported for the first time shall be registered. However, if the health food imported for the first time belongs to the category of vitamins, minerals and other nutrients supplementation, it does not need to be registered and shall be filed. (6) Confirm that importers and exporters of imported food have completed the filing All importers and exporters of imported food to China need to apply to China Customs for filing. (7) Confirm whether an official certificate issued by the competent authority of the exporting country or region is required When importing meat, dairy products, cereals, some beverages and other products, the importer shall submit the official certification documents (such as quarantine certificate, hygiene certificate and origin certificate) issued by the competent government department of the exporting country (region) for each batch of imported food to prove that the batch of exported food is effectively supervised under its official supervision system and meets the requirements of China. (8) Confirm whether it is necessary to apply to the China Customs for examination and approval of quarantine of imported animals and plants Where imported food needs to go through the examination and approval procedures for quarantine of imported animals and plants, it can only be imported after obtaining the “Quarantine Permit of the People’s Republic of China for imported Animals and Plants”. It mainly involves meat and its products (including organs), fresh milk, pasteurized milk and other animal-derived food, various mixed beans and other plant-derived food with epidemic disease spreading risks. (9) Understand Customs clearance procedures in China importers or agents can complete Customs declaration and submit relevant materials to China Customs through “Internet + Customs” and “Single window” of international trade. Where the China Customs carries out inspection and quarantine on the imported goods at the ports, and the goods pass the inspection and quarantine are allowed to be sold and used; those who fail the inspection and quarantine shall be destroyed, returned to the ship or subjected to technical treatment under the supervision of the China Customs. For some imported high-risk foods that may have animal and plant epidemics, pestilences or toxic and harmful substances, they need to enter at the ports designated by the China Customs. (10) Understand supervision on food after import in China importers shall establish a food import and sales record system. If the imported foods are found of safety problems and has caused or may cause damage to human health and life safety, the importer of the imported food shall voluntarily recall and report to the local Customs. Please note: Original English article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint. Global Foodmate Information Service Centre provides food standards & regulations research, labeling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net

Interpretation | Regulations on the Administrationof Registration of Overseas Manufacturers of Imported Foods (Draft)

On November 26, 2019, the General Administration of Customs (GACC) solicited public opinions on the Regulations on the Administration of Registration of Overseas Manufacturers of imported Foods (Draft). The deadline for opinions is December 25,2019. After thorough study and comparison with the current version of the regulation, Global FOODMATE highlighted few key points appeared in the draft version of the regulation, for your reference. 1. Registration scope planned to be expanded to all imported foods Provisions relating to the Directory of the Implementation of the Registration of Overseas Manufacturers of imported Food (hereinafter referred to as “Directory”) were not shown in the draft version, related content was replaced by “Overseas Manufacturers of imported Food that export food to china shall obtain the registration approval from GACC”. Currently, overseas manufacturers of dairy products (excluding infant formula), infant formula, meat products, aquatic products and edible bird’s nest need to apply for registration before they export food to China. In the future, overseas manufacturers of all imported food might be required to obtain the registration approval. Meanwhile, a registration management based by category might be implemented by GACC.  2. Highlighted the supervision and management responsibilities of the competent authority of the exporting country in the entire registration process The draft version stipulated in details, regarding the supervision and management responsibilities of the exporting country's competent authority before, during and after the registration of overseas manufacturers of imported food. Also, Article 21 stipulated the measures need to be taken when inadequate supervision of the competent authority of the country occurs. 3. Planned to determine emphasis, method and frequency of supervision and inspection for registered manufacturers based on different risk levels For the first time, the draft version proposed the annual verification and reporting system, replacing the regular review system, as a supervision and management means. That is, for imported food with higher levels in food safety risks and in consumer sensitivity, GACC will implement annual verification and reporting systems to corresponding registered overseas manufacturers. 4. Possible changes of registration dossiers Planned to request: The inspection report of the company issued by the competent authority of the country, a statement that the company promises that its sanitary conditions and production process can continue to meet Chinese requirements. Planned to neglect: No more requirements for business registration applications and the relevant floor plans and production processes. 5. Validation of Registration certification planned to be extended to 5 years Validation was replaced by 5 years in the draftversion, instead of 4 years in the current version. 6. Planned to display the information of manufacturer on the label of imported food The draft version stipulated that registered manufacturers of imported food shall truthfully mark the registration number, name and address of the manufacturer on the minimum sales package of food exported to China. Currently, only registration number of the manufacturer is required to be labelled on the outer package of the food. 7. Highlighted the responsibilities of the importers The draft version stated that importers shall establish an audit system for imported food manufacturers to ensure that imported food is produced by the registered manufacturer and the name, address and registration number of the manufacturer on the minimum sales package of food exported to China are true and accurate. In addition, the draft version also pointed out that the compliance situation of overseas manufacturers of imported food willbe recorded in the Customs credit management system. It can be seen, to determine whether an imported food is legal and compliant is not only the responsibility of the Customs,also the primary responsibility of the importers. Overseas manufacturers need to strictly abide by relevant Chinese laws and regulations to ensure product compliance and safety, otherwise, the bad credit will affect the cost and efficiency of overseas manufacturers when exporting food to China. To learn more about our services on Registration of Overseas Manufacturers of imported Foods, click. Please note: Original English article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint. Global Foodmate Information Service Centre provides food standards & regulations research, labeling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net

FREE FULL TEXT | NEW Regulation on the Implementation of the Food Safety Law of the People's Republic of China

FOODMATE translated the full text of the Regulation on the Implementation of the Food Safety Law of the People's Republic of China, for your reference.   Click Interpretation | NEW Regulation on the Implementation of the Food Safety Law of the People’s Republic of China     State Council of the People's Republic of China    Decree No. 721 The “Regulation on the Implementation of the Food Safety Law of the People's Republic of China” was revised in the 42nd executive meeting of the State Council on March 26, 2019. The revised “Regulation on the Implementation of the Food Safety Law of the People's Republic of China” is hereby released and will be implemented since December 1, 2019. Prime Minister Li Keqiang October 11, 2019   Regulation on the Implementation of the Food Safety Law of the People's Republic of China (Released by Decree No. 557 of the State Council of the People's Republic of China on July 20, 2009 Revised according to “Decision of the State Council on Amending Some Administrative Regulations” on February 6, 2016 Revised and approved in the 42nd executive meeting of the State Council on March 26, 2019)   Chapter I General Provisions Article 1 The Regulation is formulated according to the “Food Safety Law of the People's Republic of China” (hereinafter referred to as the Food Safety Law). Article 2The food producers and operators shall follow laws, regulations and food safety standards to be engaged in the production and operation, establish and improve the food safety management system and take effective measures to prevent and control the food safety risks to ensure the food safety. Article 3 The Food Safety Commission of the State Council is responsible for analyzing the food safety trend, studying, deploying and guiding the food safety as a whole, proposing major policy measures for food safety supervision and administration and supervising the implementation of food safety supervision and administration responsibilities. The food safety committees of local people's governments above the county level shall carry out their work in accordance with the responsibilities prescribed by the people's governments at the same level.     Article 4 The local people's governments above the county level shall establish uniform and authoritative food safety supervision and administration system and strengthen the construction of food safety supervision and administration capabilities. The food safety supervision and administration departments and other related departments of local people's governments above the county level shall perform their responsibilities according to law, strengthen coordination and cooperation and properly supervise and manage the food safety. The people's governments of township and the subdistrict offices shall support and help the food safety supervision and administration departments of local people's governments and their agencies at the county level to supervise and manage the food safety according to law.   Article 5 The state shall include the food safety knowledge into national quality education, and popularize the scientific and legal knowledge of food safety to improve the food safety awareness of the whole society.      Chapter II Food Safety Risk Monitoring and evaluation   Article 6The health administrative departments of the people's governments above the county level shall establish the food safety risk monitoring consultation mechanism in conjunction with the departments related to food safety supervision and administration, etc. at the same level to summarize and analyze the risk monitoring data and form the food safety risk monitoring analysis reports, which shall be submitted to the people's government at the same level. The health administrative departments of the local people's governments above the county level shall also submit the food safety risk monitoring analysis reports to the health administrative department of the superior people's government.Specific measures for food safety risk monitoring consultation shall be formulated by the health administrative department of the State Council in conjunction with the food safety supervision and administration department, etc. of the State Council. Article 7 If the food safety risk monitoring results show the hidden danger of food safety, the food safety supervision and administration department, etc. shall make further investigation, and notify the food producers and operators in time if necessary. The food producers and operators receiving notice shall self-inspect themselves immediately. If discovering that the foods are inconsistent with food safety standards or there is evidence of possible harm to human health, production and operation shall be suspended, foods shall be recalled and relevant information shall be reported as specified in Article 63 of the Food Safety Law. Article 8 The health administrative department, food safety supervision and administration department, etc. of the State Council shall propose the safety evaluation suggestions for the agricultural administration department of the State Council if discovering the safety evaluation is required for pesticides, fertilizers, veterinary drugs, fodders, feed additives, etc. The agricultural administration department of the State Council shall organize the evaluation in time and report the evaluation results to the relevant departments of the State Council. Article 9 The food safety supervision and administration department and other related departments of the State Council shall establish the food safety risk information communication mechanism to indicate the content, procedures and requirements of the food safety risk information communication.  Chapter III Food Safety Standards   Article 10The health administrative department of the State Council shall formulate the national standard planning and its annual implementation plan of food safety in conjunction with the food safety supervision and administration department and the agricultural administration department of the State Council.The health administrative department of the State Council shall publish the drafts of the national standard planning and its annual implementation plan of food safety in its website and seek public opinions. Article 11 The health administrative departments of the people's governments in provinces, autonomous regions and municipalities directly under the central government shall formulate the local food safety standards as stipulated in Article 29 of the Food Safety Law and seek public opinions. The health administrative departments of the people's governments in provinces, autonomous regions and municipalities directly under the central government shall submit the local standards to the health administrative department of the State Council within 30 working days since the date when the local standard of food safety is issued.The health administrative department of the State Council shall make timely correction if finding the filed local food safety standards violate laws, regulations or national food safety standards. If the local food safety standards are abolished according to law, the health administrative departments of the people's governments in provinces, autonomous regions and municipalities directly under the central government shall publish the abolishment in their websites in time. Article 12Health foods, formulas for special medical purpose, infant formulas and other special foods are excluded in the local specialty foods, and the local food safety standards cannot be formulated for them. Article 13After the food safety standards are issued, the food producers and operators may implement the standards and publicize the implementation in advance before the implementation date specified in the food safety standards. Article 14 Food production enterprises cannot formulate the enterprises standards lower than the national standards or local food safety standards.If the food production enterprises formulate the food safety indexes stricter than the enterprise standards specified in the national standards or local food safety standards, the health administrative departments of the people's governments in provinces, autonomous regions and municipalities directly under the central government shall be reported for filing. If formulating the enterprise standards, the food production enterprises shall publicize the standards which are free for public look-up.  Chapter IV Food Production and Operation   Article 15The food production and business license shall be valid for 5 years. If the production and operation conditions of food producers and operators change and are inconsistent with the food production and operation requirements, the food producers and operators shall take rectification measures immediately. If it is necessary to handle the licensing formalities again, the formalities shall be fulfilled according to law. Article 16 The health administrative department of the State Council shall publish the list of new food raw materials, new varieties of food additives, new varieties of food-related products and applicable national food safety standards. The health administrative department of the State Council shall update the list of materials which are traditional foods and traditional Chinese medicinal materials in conjunction with the food safety supervision and administration department of the State Council. Article 17 The food safety supervision and administration department of the State Council shall indicate the basic requirements for traceability in the whole process of food safety in conjunction with the agricultural administrative department of the State Council and guide the food producers and operators to establish and improve the food safety traceability system by information means. The food safety supervision and administration department and other departments shall regard the traceability system construction of infant formulas and other foods for special group as well as other foods with higher food safety risk or large sales volume as emphasis of supervision and inspection. Article 18 The food producers and operators shall establish the food safety traceability system, and truthfully record the preserve such information as purchasing inspection, delivery inspection and food sales as per the Food Safety Law to ensure foods are traceable. Article 19 Major principals of the food production and operation enterprises shall take full responsibility for their food safety, establish and implement their food safety responsibility system, and strengthen the supplier management, purchasing inspection and delivery inspection, production and operation process control, food safety self-inspection, etc.The food safety management personnel of food production and operation enterprises shall assist major principals of enterprises in the food safety management. Article 20 Food production and operation enterprises shall strengthen the training and assessment for food safety management personnel. The food safety management personnel shall grasp the food safety laws, regulations, standards and specialized knowledge adaptive to their posts and shall be capable of food safety management. The food safety supervision and administration department shall randomly supervise, inspect and assess the food safety management personnel of enterprises. The assessment guide is formulated and released by the food safety supervision and administration department of the State Council. Article 21 If the producers and operators of foods and food additives entrust the production of foods and food additives, the producers acquiring food production license and food additive production license shall be entrusted for production, and their production behaviors shall be supervised. They shall be responsible for the safety of foods and food additives entrusted for production.The trustee shall produce in accordance with laws, regulations, food safety standards and contractual stipulations, and shall be responsible for production and accept the supervision of the entrusting party. Article 22 The food producers and operators cannot store the materials specified in the list which is formulated in Article 63 of the Regulation in the places of food production and processing. Article 23 The irradiation processing of foods shall comply with the national food safety standards, and the foods after the irradiation processing shall be inspected and marked in accordance with the requirements of the national food safety standards. Article 24 Foods with special requirements for temperature and humidity shall be stored and transported with heat preservation, refrigeration or freezing equipment and facilities, which shall keep running effectively. Article 25 Where food producers and operators entrust the storage or transportation of foods, they shall review the food safety guarantee ability of the trustee and supervise the trustee to store and transport the foods in accordance with the requirements for ensuring food safety. The trustee shall ensure that the food storage and transportation conditions meet the requirements of food safety and strengthen the management of food storage and transportation processes. Where the food producers and operators' entrustment of the storage and transportation of foods is accepted, the name, address and contact information of the entrusting party and the consignee shall be recorded truthfully. The record retention period shall not be less than 2 years after storage and transportation of foods. Non-food producers and operators engaged in food storage business with special requirements for temperature, humidity, etc. shall file with the food safety supervision and administration department of the local people's government at the county level within 30 working days from the date of obtaining the business license. Article 26 Where a catering service provider entrusts a centralized disinfection service unit of tableware and drinkware to provide cleaning and disinfection services, it shall inspect and retain a copy of the business license and disinfection certificate of the centralized disinfection service unit of the tableware and drinkware. The retention period shall not be less than 6 months after the expiration of the service life of the disinfected tableware and drinkware. Article 27 The centralized disinfection service unit for tableware and drinkware shall establish a factory inspection record system for tableware and drinkware, truthfully record the quantity, disinfection date and batch number, service life and ex-factory date of the ex-factory tableware and drinkware, and the name, address and contact information of the entrusting party. The retention period of the delivery inspection record shall not be less than 6 months after the expiration of the service life of the disinfected tableware and drinkware. The individual package of tableware and drinkware disinfected shall be marked with the company name, address, contact information, date of disinfection, batch number and service life, etc. Article 28 The canteens of companies adopting centralized dining such as schools, kindergarten units, nursing institutions for the aged, and construction sites shall implement systems for the control of raw materials, cleaning and disinfection of tableware and drinkware, food sample reserving, etc., and carry out food safety self-examination of canteens on a regular basis in accordance with Article 47 of the Food Safety Law. If the canteen of a company adopting centralized dining is contracted, it shall obtain a food business license according to law and be responsible for the food safety of the canteen.The company adopting centralized dining shall supervise the contractor to implement the food safety management system and assume management responsibilities. Article 29 Food producers and operators shall clearly mark or store the foods that have deteriorated, exceeded the shelf life or been recycled in a place with clear signs independently, and take measures such as harmless disposal and destruction in a timely manner and record them truthfully. The term "recycled food" as used in the Food Safety Law refers to a food that has been sold and recalled or returned due to violation of laws, regulations, or food safety standards or expiration of the warranty period, excluding the foods that can be sold continuously in accordance with the provisions of Clause III, Article 63 of the Food Safety Law. Article 30 Local people's governments at or above the county level shall construct necessary food harmless disposal and destruction facilities as needed. Food producers and operators can use the facilities built by the government to carry out harmless disposal or destruction of foods in accordance with provisions. Article 31 The promoters of centralized food trading markets and the organizers of food trade fairs shall report to the food safety supervision and administration department of the local people's government at county level before the opening of the markets or the holding of the trade fairs. Article 32 The providers of the third-party platforms for online food transactions shall properly keep the registration information and transaction information of the food traders joining the platforms. The food safety supervision and administration department of the local people's government at or above the county level indeed needs to understand the relevant information in conducting food safety supervision and inspection, food safety case investigation and handling, and food safety accident handling, it may require the providers of the third-party platforms for online food transactions to provide the information after approval by its principal. The providers of the third-party platforms for online food transactions shall provide the same as required. The food safety supervision and administration department of the local people's government at or above the county level and its staff shall be obliged to keep confidential the information provided by the providers of the third-party platforms for online food transactions. Article 33 The production and operation of genetically modified foods shall be marked clearly, and the marking methods shall be formulated by the food safety supervision and administration department of the State Council in conjunction with the agricultural administration department of the State Council. Article 34 It is forbidden to use any means including meetings, lectures, and health consultations to organize false propaganda on foods. If the food safety supervision and administration department identifies a false propaganda activity, it shall promptly handle it according to law. Article 35 Where the production process of health foods involves pre-treatment processes such as raw material extraction and purification, the production enterprises shall have the corresponding pre-treatment capacity of raw materials. Article 36 A production enterprise of special medical formula foods shall carry out lot by lot inspection of the ex-factory products in accordance with the inspection items stipulated by the national food safety standards. Specific all-nutritional formula foods in formulas for special medical uses shall be sold to consumers through medical institutions or pharmaceutical retailers.Where the medical institutions and pharmaceutical retailers sell the specific all-nutritional formula foods, they do not need to obtain food business licenses, but they shall comply with the Food Safety Law and the provisions of the Regulation on food sales. Article 37 The advertisements for specific all-nutritional formula foods in formulas for special medical uses shall be managed as prescription drug advertisements, and other types of special medical formula food advertisements shall be managed as over-the-counter advertisements. Article 38 No food other than health food may claim to have healthcare functions. Infant formulas supplemented with optional added substances as per the national food safety standards shall not be named after the optional added substances. Article 39 The contents of the labels and instructions of special foods shall be consistent with those of the registered or filed labels and instructions. For the sale of special foods, the contents of the food labels and instructions shall be checked for consistency with those of the registered or filed labels and instructions. If they are not consistent, they shall not be sold. The food safety supervision and administration department of the local people's government at or above the provincial level shall publish the labels and instructions for the special foods registered or filed on its website. Special food shall not be placed together with ordinary food or medicine for sale.  Chapter V Food Inspection Article 40 The sampling inspection of food shall be carried out in accordance with the food safety standards, the technical requirements for the products of the special foods registered or filed, as well as the inspection items and methods determined by the relevant national regulations. Article 41 Where the foodstuffs that may be adulterated cannot be inspected in accordance with the inspection items and methods stipulated by the existing food safety standards and the provisions of Article 111 of the Food Safety Law and Article 63 of the Regulation, the food safety supervision and administration department of the State Council may formulate supplementary inspection items and methods for sampling inspection of food, investigation of food safety cases and handling of food safety accidents. Article 42 Where an application for re-inspection is made in accordance with the provisions of Article 88 of the Food Safety Law, the applicant shall pay the re-inspection fee to the re-inspection agency in advance. If the conclusion of the re-inspection indicates that the food is unqualified, the re-inspection fee shall be borne by the re-inspection applicant; if it indicates that the food is qualified, the re-inspection fee shall be borne by the food safety supervision and administration department that performs the sampling inspection. The re-inspection agency may not refuse to undertake the re-inspection task without just causes. Article 43 No unit or individual may publish food inspection information issued by a food inspection agency that has not obtained the qualification confirmation according to law, and may not use the above-mentioned inspection information to rank food and food producers and operators, or to deceive or mislead consumers.  Chapter VI Food import and Export Article 44 importers importing food and food additives shall report to the entry and exit inspection and quarantine institutions in accordance with the provisions, truthfully declare the relevant information of the products, and accompany the certification materials stipulated by laws and administrative regulations. Article 45 After the imported food arrives at the port, it shall be stored in the place designated or approved by the entry and exit inspection and quarantine institution; if it needs to be moved, necessary safety protection measures shall be taken in accordance with the requirements of the entry and exit inspection and quarantine institution. Bulk imported food shall be inspected at the unloading port. Article 46 The national entry and exit inspection and quarantine department may, according to the needs of risk management, implement the system of importing some foods at designated ports. Article 47 The Health Administrative Department under the State Council shall, in accordance with the provisions of Article 93 of the Food Safety Law, examine the relevant national (regional) standards or international standards submitted by overseas exporters, overseas production enterprises or their authorized importers, and if it considers that they meet the requirements of food safety, they shall be allowed for temporary application and published. Before the publication of the applicable standards temporarily, the food that does not have the national food safety standards shall not be imported. The food covered by the general standard in the national food safety standard does not belong to those that do not have the national food safety standard as stipulated in Article 93 of the Food Safety Law.

Interpretation | NEW Regulation on the Implementation of the Food Safety Law of the People’s Republic of China

Premier Li Keqiang signed the Decree of the State Council of the People's Republic of China No. 721 to release the revised Regulation on the Implementation of the Food Safety Law of the People’s Republic of China (hereinafter referred to as the Regulation) on the website on October 31, 2019. The Regulation shall enter into effect on December 1, 2019. After thorough study and comparison, Global FOODMATE highlighted few key points appeared in the new Regulation, for your reference. 1. National Food Safety Standards allow early implementation Article 13 of the Regulation stipulates that after the publication of the National Food Safety Standards, it is allowed to be implemented by food enterprises before the implementation date, but the enterprises are required to disclose the implementation situation. A certain period often exists between the publication date and implementation date of National Food Safety Standards. Whether National Food Safety Standards can be implemented in advance or not, except for some standards such as GB 19295 that explicitly allows and encourages early implementation, it was no agreement for other food standards before. The Regulation this time solves the long-lasting doubts in the industry and will greatly promote the implementation of National Food Safety Standards. 2. Further clarify the application scope of Local Food Safety Standards Article 11 and article 12 of the Regulation further clarify the scope and requirements of development of local food safety standards based on the Article 29 of Food Safety Law, which are mainly formulated for local characteristic foods and are applicable locally. Meanwhile, the Regulation clearly states that special foods such as health foods, food for special medical purposes (FSMP) and infant formulas do not belong to local characteristic foods, the corresponding local food safety standards shall not be developed. 3.  Explains the filing of enterprise standards Article 14 of the Regulation stipulates that enterprise standards must be stricter than National Food Safety Standards and Local Food Safety Standards. Enterprise standards shall be filed to the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government before uses, no other declaration way can be replaced. In addition, it is emphasised that enterprise standards should be made public and available to the public for free. Meanwhile, Article 74 of the Regulations stipulates the legal liabilities of the enterprises when their products meet the national food safety standards but not the enterprise standards.   4. Non-food operators engaged in certain food storage business shall be filed Article 25 of the Regulation stipulates that non-food operators engaged in food storage business with special requirements of temperature, humidity, etc. shall file themselves to the food safety supervision and management department of local county-level people's government, within 30 working days from the date of obtaining the business license.  This is a further stipulation on Article 33 of the Food Safety Law, which embodies the requirements for food safety supervision throughout the industry chain. With the formal implementation of the Regulation, it is expected that each province will gradually release the operational plans, and FOODMATE will follow up on this.   5. Clarifies the definition of recalled food and the disposal methods Article 34 of the Food Safety Law stipulates that the production and trading of foods produced from recalled food are prohibited. Article 29 of the Regulation clarifies the definition of recalled food and regulates the disposal methods of recalled foods (recalled food shall be significantly marked or stored separately in places with clear signs. Measures such as harmless treatment, destruction shall be taken timely and records shall be kept).  6. Clarifies the regulation on illegally added non-edible substances Article 63 of the Regulation stipulates that the food safety supervision department shall, in conjunction with the health administrative department, shall and publish formulate a list and test methods for non-food chemicals and other substances that may be added to foods and other substances that may endanger human health. Article 22 of the Regulation stipulates that food producers and operators shall not store the substances in the list in food production and processing places, and Article 68 of the Regulation states the corresponding liabilities. The above clauses are more stringent for food companies. Previous regulations were mainly for the illegal addition of production and the Regulation stipulates that only storage is illegal. 7. Clarifies the supervision on special foods The Regulation stipulates special regulatory requirements for special foods to ensure the safety of special foods. Article 35 regulates the pre-treatment capacity of raw materials for health food production; Article 36 regulates batch-by-batch inspections in accordance with standards of formulated foods for special medical purposes; Article 37 regulates the advertising for specific full nutritional formula food for special medical purposes and Article 38 regulates the naming of infant formula. 8. Further clarify the imported food without corresponding National Food Safety Standards Article 47 of the Regulation clearly stipulates that foods already covered by the general standards in the national food safety standards are not foods without corresponding national food safety standards as stipulated in Article 93 of Food Safety Law. It shows that foods that have been covered by the general standards of national food safety standards but without specific product standards can be imported by general trade, and the import basis is the relevant provisions of the general standards. This article will further promote the development of China's import trade of food.    9.  Firstly proposes the establishment of Food Safety Inspectors Team Article 60 of the Regulation stipulates that the state shall establish the food safety inspector system, strengthens the construction of professional inspectors based on existing resources, strengthens assessment and training and improves the professional level of inspectors.   10. Clarifies the legal liabilities of publishing food safety information Article 43 of the Regulation stipulates that no unit or individual may publish food inspection information issued by food inspection agencies that have not obtained accreditation according to law, and may not use the above-mentioned inspection information to rank food and food production operators, to deceive or mislead consumers. And Article 80 of the Regulation states the corresponding penalties for such acts. In recent years, some unscientific evaluation reports issued by unauthorized institutions have caused troubles for consumers' awareness of food safety, and have harmed the interests of food enterprises that legally produce and operate. This clause is of great significance for curbing such situation, is conducive to protecting the interests of legitimate enterprises, promoting the sound development and orderly competition of the food industry, and helping consumers to establish correct food safety knowledge.  11. Clarifies punishment measures for false propaganda of food in the form of meetings, lectures and others Article 34 of the Regulation clearly prohibits the use of any means, including meetings, lectures and health consultations, to make false propaganda of food. Article 73 of the Regulation states the corresponding penalties for such acts. Illegal activities of making false propaganda of foods in the form of meetings, lectures, etc. are not uncommon during recent years. Unscrupulous enterprises often make false propaganda of foods through health talks, free medical examinations and gifts, and describe low-cost ordinary foods as expensive functional foods to gain illegal profits. Most of those who are deceived are middle-aged and elderly people who are eager for health but lack certain professional knowledge. Article 34 reflects that China's food safety legislation keeps peace with the times, ant it will help to further crack down on illegal activities and to provide a healthy and rational food consumption environment.   12. Industries that are the focuses of supervision Article 17 of the Regulation stipulates that food safety supervision and management departments shall regard the construction of traceability systems for foods for specific groups of people (e.g., infant formula) and other foods with high safety risks or large sales volumes, as the focus of supervision and inspection.  13. Clarifies punishment measures for responsible personnel of illegal enterprises When illegal acts of food enterprise occur, in addition to the penalties as stipulated in the Food Safety Law, Article 34 of the Regulation also stipulates that the legal representative, the principal responsible person, the directly responsible person in charge and other directly responsible personnel of the unit shall be imposed a fine of 1-10 times of the income from the unit in the previous year. This is the first time that China clearly stipulates penalties for responsible personnel of illegal food enterprises, which embodies the requirements for the main responsibility of food enterprises. Conclusion The newly released Regulation explains many doubts in the food industry on food safety supervision, promoting the implementation of policies on food safety supervision and the development of the food industry.  Please note: Original English article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint. Global Foodmate Information Service Centre provides food standards & regulations research, labeling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net 

Regulation and Labelling of Genetically Modified Food in China

1.    The Regulation of Genetically Modified Food in China The Ministry of Agriculture and Rural Affairs is responsible for the regulation of Genetically Modified Organisms (GMOs), and implements safety evaluation management for GMOs. Those engaged in the production and processing of genetically modified organisms need to obtain Agricultural Genetically Modified Organism Processing Licenses. In addition, special area sales of genetically modified foods are required in some provinces. China has approved 2 types of safety certificates. 1: 7 Safety Certificates for Production and Application of self-developed insect-resistant cotton, anti-virus papaya, insect-resistant rice, high-phytase corn, altered flower color petunia, disease-resistant sweet pepper and disease-resistant & maturity-delaying tomato (At present, only genetically modified cotton and papaya are commercially grown). 2: Import Safety Certificates for 5 crops, namely soybean, corn, rapeseed, cotton and sugar beet (imported agricultural GMOs are only approved for processing as raw materials and are not allowed to be grown domestically).   2.    Labelling Requirements of Genetically Modified Food in China   Labelling genetically modified foods is mandatory in China. As long as food contains or uses genetically modified ingredients during production (no specific content requirement), it is regulated as genetically modified foods.   All agricultural genetically modified organisms listed in the Labelling Management Catalogue and used for sale must be identified. At present, only one batch of agricultural genetically modified organisms in the labelling management catalogue was released: 1. Soybean seeds, soybeans, soybean meal, soybean oil, soybean meal; 2. Corn seeds, corn, corn oil, corn flour (including corn flour with tax codes of 11022000, 11031300 and 11042300); 3, Rapeseed, rapeseed, rapeseed oil, rapeseed meal; 4, Cotton seeds; 5, Tomato seeds, fresh tomatoes, tomato sauce (Although the tomato is in the catalogue, there is no genetically modified tomato product in China).   According to Implementation Regulations on Labelling of Agricultural Genetically Modified Organisms, there are 3 labelling methods: 1. Genetically modified animals, plants (including plant seeds, breeding livestock and poultry, aquatic fry and seeds) and microorganisms shall be directly labelled as “genetically modified xx”. This provision also applies to the products derived from such GMOs and plant seeds, breeding livestock and poultry, aquatic fry and seeds, pesticides, veterinary medicine and biologics, fertilizers and additives containing such GMOs or products derived from them. 2. The product directly processed from the agricultural GMOs shall be labelled as “genetically modified xx product (finished product)” or “processed with genetically modified xx as raw material.” 3. With regard to products that are made from GMOs or products containing GMO ingredients but are found to contain no genetically modified ingredients or show no traces of such ingredients when they are finally sold, the following label shall be used: “This product is made from genetically modified xx but no longer contains genetically modified ingredients” or “The raw materials of this product contain genetically modified xx, but the product itself no longer contains genetically modified ingredients.”   Any agricultural genetically modified organism that is included in the labelling management catalogue and used for sale should be identified. If it is not in the catalogue of agricultural genetically modified organisms, it shall not be promoted or marked as “non-GMO”.   For crops that are not approved by China for importing as processing raw materials, or not approved for commercial planting in China, or the GM crops and their processed products do not exist in the market, “non-GMO” logos and relating advertising are prohibited.   Please note: Original English article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint. Global Foodmate Information Service Centre provides food standards & regulations research, labeling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net 

GB 5009.242-2017 National Food Safety Standard Determination of Manganese in Foods

  GB 5009.242-2017 National Food Safety Standard Determination of Manganese in Foods   Issued on: April 6, 2013 Enforced on: October 6, 2015 Status: Effective Translated by: Global Foodmate Translation Center  Language: English 1 Scope This standard specifies the flame atomic absorption spectrometry, the inductively coupled plasma emission spectrometry and the inductively coupled plasma mass spectrometry for the determination of manganese in foods. This standard is applicable to the determination of manganese in foods. Method I Flame atomic absorption spectrometry 2 Principles After the digestion treatment, the test sample is introduced into atomic absorption spectrometer; after flame atomization, the manganese absorbs the resonance line at 279.5 nm. The absorbance value of manganese is in direct proportion to the content of manganese within a certain concentration range, and the content of manganese is quantified by comparing with standard series. 3 Reagents and Materials Unless otherwise stated, the reagents used in this method all refer to guaranteed reagents and the water refers to Grade 2 water specified in GB/T 6682. 3.1 Reagents 3.1.1 Nitric acid (HNO3). 3.1.2 Perchloric acid (HClO4). 3.2 Preparation of reagents 3.2.1 Mixed acid [perchloric acid+nitric acid (1+9)]: take 100 mL of perchloric acid, slowly add into 900 mL of nitric acid, and then mix well. 3.2.2 Nitrite acid solution (1+99): take 10 mL of nitric acid, slowly add into 990 mL of water slowly, and then mix well. 3.3 Standard substance Manganese metal standard substance (Mn): with purity of greater than 99.99%. 3.4 Preparation of standard solutions 3.4.1 Manganese standard stock solution (1000 mg/L): accurately weigh 1 g (accurate to 0.0001 g) of manganese metal, add nitric acid to dissolve and transfer into a 1000-mL volumetric flask, add nitric acid solution to dilute to the scale, then mix well and keep in a polyethylene bottle for storage under 4 ℃. Or the standard solution certified by the State and awarded to the Reference Material Certificate may be used. 3.4.2 Manganese standard working solution (10.0 mg/L): accurately pipette 1.0 mL of manganese standard stock solution into a 100-mL volumetric flask, dilute to the scale with nitric acid solution, and keep in a polyethylene bottle for storage at 4 ℃. 3.4.3 Manganese standard series working solutions: accurately pipette 0 mL, 0.1 mL, 1.0 mL, 2.0 mL, 4.0 mL and 8.0 mL of manganese standard working solutions respectively into six 100-mL volumetric flasks and then dilute to the scale with nitric acid solution, and mix well. The mass concentration of manganese in these standard series working solutions is 0 mg/L, 0.010 mg/L, 0.100 mg/L, 0.200 mg/L, 0.400 mg/L and 0.800 mg/L, respectively. The concentration range of the standard solution can also be adjusted according to the concentration of manganese in the actual sample solution. 4 Apparatus and Equipment 4.1 Atomic absorption spectrometer: equipped with flame atomizer and manganese hollow cathode lamp. 4.2 Analytical balances: with the sensitivities of 0.1 mg and 1.0 mg. 4.3 Acetylene gas in steel cylinder and air compressor used for analysis. 4.4 Sample smashing devices: homogenizer, high-speed pulverizer. 4.5 Muffle furnace. 4.6 Adjustable temperature control electric hot plate. 4.7 Adjustable temperature control electric heating furnace. 4.8 Microwave digestion apparatus: equipped with a PTFE digestion tank. 4.9 Constant temperature drying oven. 4.10 Pressure digestion tank: equipped with a PTFE digestion tank. 5 Analysis Procedures 5.1 Preparation of test sample 5.1.1 Solid samples 5.1.1.1 Dry samples For samples of low water content such as beans, grains, mushrooms, tea, dried fruits and bakery products, etc., take the edible parts and smash uniformly by high-speed pulverizer when necessary; for powdery samples such as solid dairy products, protein powder and flour, etc., shake well. 5.1.1.2 Fresh samples For samples of high water content such as vegetables, fruits and aquatic products, etc., wash and clean, air-dry, take the edible parts to homogenize uniformly; for samples such as meat and egg, etc., take the edible parts to homogenize uniformly. 5.1.1.3 Quick-freezing and canned food After the quick-freezing food and canned food is thawed, take the edible parts to homogenize uniformly. 5.1.2 Liquid samples For samples such as soft drinks and condiments, etc., shake well. 5.1.3 Semi-solid sample Stir well. 5.2 Digestion of test sample 5.2.1 Microwave digestion Weigh 0.2 g~0.5 g (accurate to 0.001 g) of test sample, place into the microwave digestion tank; for samples containing ethanol or carbon dioxide, heat on the electric hot plate at low temperature to remove ethanol or carbon dioxide. Add 5 mL~10 mL of nitric acid, cover the cap to stand for 1 h or overnight, tighten the outer tank and then place in the microwave digestion apparatus for digestion (refer to Table A.1 for the digestion conditions). Take out the inner tank after cooling, remove acid to nearly dryness on the adjustable temperature control electric hot plate at 120 ℃~140 ℃, dilute to 25 mL or 50 mL with water, and then mix well for use later; perform the blank test at the same time. 5.2.2 Pressure tank digestion Weigh 0.3 g~1 g (accurate to 0.001 g) of test sample into the PTFE pressure digestion tank; for samples containing ethanol or carbon dioxide, heat on the electric hot plate at low temperature to remove ethanol or carbon dioxide. Add 5 mL of nitric acid, cover the cap to stand for 1 h or overnight, tighten the outer tank and then place in the constant temperature drying oven for digestion (refer to Table A.1 for the digestion conditions). Take out the inner tank after cooling, remove acid to nearly dryness on the adjustable temperature control electric hot plate at 120 ℃~140 ℃, dilute to 25 mL or 50 mL with water, and then mix well for use later; perform the blank test at the same time. 5.2.3 Wet digestion Weigh 0.5 g~5 g (accurate to 0.001 g) of test sample into the glass or PTFE digestion vessel; for samples containing ethanol or carbon dioxide, heat on the electric hot plate at low temperature to remove ethanol or carbon dioxide. Add 10 mL of mixed acid, cover the lid to stand for 1 h or overnight and then place on the adjustable temperature control electric hot plate or electric heating furnace for digestion. If the solution becomes brownish black, add mixed acid after cooling until white smoke appears and the digestion solution shows colorless and transparent or slightly yellow, cool down, dilute to 25 mL or 50 mL with water, and then mix well for use later; perform the blank test at the same time. 5.2.4 Dry digestion Weigh 0.5 g~5 g (accurate to 0.001 g) of test sample into the crucible, perform carbonization over low heat on the electric furnace until no smoke appears, place in the muffle furnace for ashing for 5 h~8 h under 525 ℃±25 ℃ and then cool down. In case of incomplete ashing with black carbon granules, dropwise add a little nitric acid to wet them after cooling, transfer into the muffle furnace to continue ashing until it becomes white ash after drying on the hot plate. Cool to room temperature and take out, dissolve with nitric acid solution, dilute to 25 mL or 50 mL with water, and then mix well for use later; perform a blank test at the same time. Note: The dry digestion is recommended for formula foods for infants and young children. 5.3 Instrument conditions for reference Adjust the instrument to optimal conditions, main reference conditions are as follows: absorption wavelength of 279.5 nm, slit width of 0.2 nm, lamp current of 9 mA and gas flow of 1.0 L/min. 5.4 Plotting of standard curve Respectively introduce the standard series working solutions into the atomic absorption spectrometer to determine their absorbance values, and plot the standard curve by taking the concentrations of the standard working solutions as horizontal axis and the absorbance values as vertical axis. 5.5 Determination of test sample solution Under the same experiment conditions as those for the determination of standard curve working solutions, respectively introduce the blank solution and the test sample solution into the atomic absorption spectrometer to determine the absorbance value of manganese and then obtain the concentration of manganese in the solution to be tested from the standard curve. 6 expression of Analysis Result ... To request the full version of the standard in English, please send E-mail to global_info@foodmate.net  To download the standard in Chinese, please go to Foodmate Download Centre,  click.  Please note: Original English article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint. Global Foodmate Information Service Centre provides food standards & regulations research, labeling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net 

Regulation on the Implementation of the Food Safety Law of the People’s Republic of China

Regulation on the Implementation of the Food Safety Law of the People’s Republic of China   Decree of the State Council of the People's Republic of China No. 557  Issued on:July 20, 2009 Enforced on:July 20, 2009 Status: Effective Language:English Chapter One   General Provisions Article 1 The Regulation herein was formulated in accordance with the Food Safety Law of the People’s Republic of China (hereinafter referred to as Food Safety Law). Article 2 The people’s governments at or above the county level shall perform the duties prescribed in the Food Safety Law, strengthen the construction of supervision and administration capacity of food safety to provide safeguard for food safety supervision and administration; and establish and improve the coordination mechanism for food safety supervisory and management departments and integrate and perfect the food safety information network to realize the sharing of food safety information and technical resources including food inspection. Article 3 The food producers and traders shall, in accordance with laws, regulations and food safety standards, carry out productive and operational activities, establish and improve the food safety management system and adopt efficient management measures to ensure food safety. The food producers and traders shall be responsible for the safety of produced and trade food themselves as well as society and the public, and also bear social responsibility. Article 4 The food safety supervision and administration departments shall publicize food safety information and provide convenience for the public to make consultations, complaints and accusations according to the provisions of the Food Safety Law and the Regulation herein. And any organization and individual shall have the right to know food safety information from relevant departments. Chapter Two Food Safety Risk Monitoring and Assessment Article 5 The state food safety risk monitoring plan prescribed in Article 11 of the Food Safety Law shall be formulated by the administrative department of public health under the State Council together with such departments as the department in charge of supervision and control over product quality and the industrial and commercial administration under the State Council and the state food and drug supervision and administration department as well as the commercial, industrial and information departments under the State Council according to the requirements for the work including food safety risk assessment, the formulation and revision of food safety standards and food safety supervision and administration. Article 6 The administrative departments of public health of the People’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the departments at the same level of quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce and industry and information, in accordance with the provisions of Article 11 of the Food Safety Law, to formulate the food safety risk monitoring planning for their administrative regions and report to the administrative department of public health under the State Council for filing.   The administrative department of public health under the State Council shall notify the filing to the departments of quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration department as well as the departments of commerce, industry and information under the State Council. Article 7 The administrative department of public health under the State Council shall, when necessary, also adjust the state food safety risk monitoring plan according to the information related to diseases in the reports of medical institutions, apart from the adjustment based on the provisions of Article 12 of the Food Safety Law. In the wake of the adjustment of the state food safety risk monitoring plan, the administrative departments of public health of provinces, autonomous regions and municipalities directly under the Central Government shall integrate the specific situations of their own administrative regions to make corresponding adjustment. Article 8 Medical institutions shall, when finding the accepted patients are food origin disease patients, food poisoning patients or suspected food origin disease patients and food poisoning patients, timely report to the administrative departments of public health of the people’s governments at or above the county level where they are located the information related to the above-mentioned diseases.   The administrative departments of public health that have received reports shall gather and analyze the information related to diseases, timely report to the people’s governments at the same level and simultaneously the superior administrative departments of public health, when necessary, and directly report to the administrative department of public health under the State Council and simultaneously the people’s governments at the same level and the superior administrative departments of public health. Article 9 The food safety risk monitoring work shall be done by the technical institutions confirmed by the administrative departments of public health at or above the provincial level together with the departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration. The technical institutions conducting the food safety risk monitoring work shall, in accordance with the food safety risk monitoring plan and monitoring scheme, carry out the monitoring work to ensure the truth and accuracy of monitoring data, and according to the requirement of the food safety risk monitoring plan and monitoring scheme, submit the monitoring data and analysis results to the administrative departments of public health of the people’s governments at or above the provincial level and the departments transmitting monitoring tasks to lower level. The food safety risk monitoring personnel shall have access to the places related to breeding and planting of edible farm products, food production, food circulation or catering service while collecting samples and related data. The collected samples shall be paid at the market price. Article 10 Where the results of the food safety risk monitoring analysis indicates there may exist the possibility of potential food safety hazard, the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall timely notify relevant information to the people’s governments at the prefecture and county level and their administrative departments of public health in the administrative regions. Article 11 The administrative department of public health under the State Council shall collect and gather the food safety risk monitoring data and analyze the results, and make a circular to the departments of quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration departments as well as the departments of commerce, industry and information under the State Council. Article 12 The administrative department of public health under the State Council shall organize food safety risk assessment in the following situations: (1)    provide scientific basis for formulating or revising the national standards for food safety; (2)    demand to confirm key fields and varieties of supervision and administration; (3)    find new factors that possibly hazard to food safety; (4)    judge whether some factor constitutes potential food safety hazard; and (5)    other situations confirmed to be conducted risk assessment by the administrative department of public health under the State Council. Article 13 The relevant departments of agriculture administration, quality supervision and industrial and commercial administration management under the State Council as well as the state food and drug supervision and administration department shall, when putting forward the suggestions of food safety risk assessment to the administrative department of public health under the State Council in accordance with the provisions of Article 15 of the Food Safety Law, provide the following information and data: (1)    source and nature of risk; (2)    relevant testing data and conclusion; (3)    coverage of risk; and (4)    other relevant information and data. The relevant departments of agriculture administration, quality supervision, industrial and commercial administration management as well as food and drug supervision and administration at or above the county level shall coordinate with collection of the aforesaid information and data of food safety risk assessment. Article 14 The administrative departments of public health and agriculture administration departments of the people’s governments at or above the provincial level shall timely make mutual notification of the relevant food safety risk monitoring and edible farm product quality safety risk monitoring information. The administrative department of public health and agriculture administration department under the State Council shall timely make mutual notification of the relevant information of the food safety risk assessment and the edible farm product quality safety risk assessment results. Chapter Three  Food Safety Standards Article 15 The administrative department of public health under the State Council along with the departments of agriculture administration, quality supervision and industrial and commercial administration management under the State Council and the state food and drug supervision and administration department as well as the commerce, industry and information departments under the State Council shall formulate the planning of the national standards for food safety and its implementation plan, which shall solicit opinions from the public. Article 16 The administrative department of public health under the State Council shall select the units possessed of corresponding technical capacities to draw up the draft of the national standards for food safety, and advocate research institutions, educational institutions, learned societies, industry associations and other units to jointly draw up the draft of the national standards for food safety. The administrative department of public health under the State Council shall publicize the draft of the national standards for food safety to society and solicit opinions from the public. Article 17 The national food safety standards evaluation committee prescribed in Article 23 of the Food Safety Law shall be organized by the administrative department of public health under the State Council. The national food safety standards evaluation committee shall be responsible to review the scientificity and practicability of the draft of the national food safety standards. Article 18 The administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall notify the enterprise standards that enterprise submits for filing in according with the provisions of Article 25 of the Food Safety Law to the departments at the same level of agriculture administration, quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce, industry and information. Article 19 The administrative department of public health under the State Council and the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct tracking evaluation on the implementation of the national food safety standards and the local food safety standards and organize revision of food safety standards at proper time based on the results of evaluation with the departments at the same level of agriculture administration, quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce, industry and information. The departments of agriculture administration, quality supervision, industrial and commercial administration management, food and drug supervision and administration, commerce, industry and information under the State Council and of the people’s governments of provinces, atonomous regions and municipalities directly under the Central Government shall collect and assemble the problems in the implementation of food safety standards and timely notify to the administrative departments of public health at the same level. Where any food producer, trader or food industry association finds problems in the implementation of food safety standards, he shall immediately report to the food safety supervision and administration department. Chapter Four   Food Production or Marketing Article 20 Any food production enterprise shall check the name of enterprise in advance and handle the industrial and commercial registration after acquiring the food production license in accordance with the Food Safety Law. The quality supervision and administration departments at or above the county level shall, in accordance with relevant laws and administrative regulations, examine and verify related data, check production places and test relevant products. For those enterprises whose relevant data and places satisfy the prescribed requirements and relevant products meet the food safety standards or demands, licensing decision shall be made. Other food producers and traders shall handle industrial and commercial registration after acquiring corresponding food production, food circulation, and catering service licenses by law. Where laws and regulations make other provisions for food production and processing individual workshops and food vendors, such provisions shall be applied to. The validity period of food production, food circulation and catering licenses shall be 3 years. Article 21 Where the production and operation conditions of any food producer or trader change and no longer meet the requirement for food production and operation, the food producer or trader shall immediately take measures of making corrections; where any food producer or trader has the potential risk of food safety accidents, he shall immediately suspend food production or operation activities and report to the department of quality supervision, industrial and commercial administration management or food and drug supervision and administration at the prefecture or county level. Those who need to renew the formalities of licensing shall be handled by law. The departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration at or above the county level shall strengthen the daily supervision and inspection on the production and operation activities of food producers and traders. Where any situation doesn’t meet the requirement of food production or operation, order shall be given to make corrections and punishments shall be imposed on by law. Those not qualified for the conditions of production and operation license any more shall be revoked relevant licenses by law. Article 22 Food production and trading enterprises shall, in accordance with Article 32 of the Food Safety Law, organize staff to participate in the training of food safety to learn food safety laws, regulations, rules, standards and other food safety knowledge and establish the training files. Article 23 The food producers and traders shall, based on Article 34 of the Food Safety Law, establish and implement the employed person physical check-up system and health record system. Where any staff engaging in ready-to-eat foods takes one of diseases hindering food safety including dysentery, typhoid, viral hepatitis type A, viral hepatitis type E and other infectious diseases of digestive tract as well as active tuberculosis, purulent or exudative skin diseases, the food producer or trader shall assign him to the post not affecting food safety. The food producers and traders shall conduct physical examination in accordance with the provisions of Clause 2 of Article 34 of the Food Safety Law and the issues including physical check-up items shall meet the provisions of the province, autonomous regions and municipalities directly under the Central Government where they are domiciled. Article 24 The food production and trading enterprises shall, in accordance with Clause 2 of Article 36, Clause 1 of Article 37 and Clause 2 of Article 39 of the Food Safety Law, set up the raw materials purchase check record system and the food ex-factory check record system to faithfully record the issues prescribed in the Food Safety Law or keep purchase or sale receipts with related information. The retention period of records and receipts shall be no less than 2 years. Article 25 The group food production enterprises conducting centralized and unified purchase of raw materials shall render the headquarters of them to conduct unified examination and check on the licenses and qualification certification documents of products of suppliers, and do the record of raw materials purchase check. The food raw materials failing to provide qualification certification documents shall be examined and checked according to the food safety standards. Article 26 The food production enterprises shall and implement the food safety administration system of raw materials procurement verification, safety management in production, storage management, equipment management and non-conforming products management and constantly perfect the food safety system to ensure food safety. Article 27 The food production enterprises shall, to ensure the ex-factory foods meet food safety standards, formulate and implement the control requirement for the following items: (1)    control of raw materials purchase, verification and batch charging; (2)    control of key production links including production process, equipment, storage and package; (3)    control of inspection on raw materials, semi-finished products and finished products; and (4)    control of transportation and delivery. Where any situation fails to meet the requirement of control in the food production, the food production enterprises shall immediately find out the cause and adopt measures to make corrections. Article 28 The food production enterprises shall also faithfully record the safety management in the food production apart from conducting the raw materials purchase check record and the food ex-factory check record in accordance with Article 36 and 37 of the Food Safety Law. The retention period of records shall be no less than 2 years. Article 29 The enterprises running food wholesale business shall faithfully record such content as the names, sizes, quantity, production batch, and guarantee period of wholesale foods, names or titles of purchasers and contact ways, and sales dates, or keep the sales receipts with relevant information while selling foods. The retention period of records and receipts shall be no less than 2 years. Article 30 The state encourages the food producers and traders to adopt advanced technical means to record the items prescribed in the Food Safety Law and the Regulation herein. Article 31 The catering service providers shall formulate and implement the demand for raw materials purchase control to ensure the purchased raw materials reach the food safety standards. The catering service providers shall examine the foods and raw materials to be processed in the production, and shall not process or use those of spoilage or other unusual sensory properties. Article 32 The catering service enterprises shall regularly maintain the facilities and equipment of food processing, storage and display, and clean, adjust and test heat preservation facilities as well as cold store and refrigeration facilities. The catering service providers shall, in accordance with requirements, rinse and sterilize tableware and kitchenware and shall not use the tableware and kitchenware without being cleaned and sterilized. Article 33 For the foods recalled in accordance with Article 35 of the Food Safety Law, the food producers shall conduct innocent treatment or destruction to prevent them from flowing into market again. For the foods recalled for labels, marks or specifications fail to meet the food safety standards, the food producers shall continuously sell them under the circumstances where the remedial measures are adopted and food safety can be guaranteed, but the remedial measures shall be shown to consumers while selling. The departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration at or above the county level shall record the situations where the food producers recall the foods failing to meet the food safety standards and the food traders suspend selling the foods failing to meet the food safety standards into the food safety credit files of the food producers and traders. Chapter Five  Food Test Article 34 The applicants shall give reasons for application of recheck to the food inspection institutions conducting recheck (hereinafter referred to as recheck institutions) in accordance with Clause 3 of Article 60 of the Food Safety Law. The directory of the recheck institutions shall be publicized jointly by the departments of certification and accreditation supervision and administration, sanitary administration and agriculture administration under the State Council. The recheck conclusion issued by the recheck institutions shall be the final one. The recheck institution shall be selected by the recheck applicant himself. The recheck institution and the initial check institution shall not be the same one. Article 35 Where any food producer or trader holds the different opinion on the conclusion of sampling inspection conducted according to Article 60 of the Food Safety Law and files an application, and if the recheck conclusion indicates that the foods are qualified, the recheck fees shall be paid by the sampling inspection department; if not, vise versa. Chapter Six  Food import and Export Article 36 The food importer shall hold necessary vouchers including contract, invoice, packing list and bill of loading as well as relevant approval documents to apply for quarantine inspection to the entry and exit inspection and quarantine bureau in the place where the customs declaration is made. imported foods shall be up to the standards through the entry and exit inspection and quarantine bureau. The customs shall let them pass based on the clearance certification issued by the entry and exit inspection and quarantine bureau. Article 37 The food import, importing the foods without the national food safety standards or for the first time importing new food additive varieties and new varieties of products related to foods, shall submit the licensing certification documents prescribed in Article 63 of the Food Safety Law to the entry and exit inspection and quarantine bureau, which shall conduct inspection and quarantine according to the requirement of the administrative department of public health under the State Council. Article 38 The state entry and exit inspection and quarantine bureau shall, in accordance with Article 12 of the Food Safety Law, report to the administrative department of public health under the State Council while finding the materials the national food safety standards hasn’t provided for and are likely to hazard to people’s health. Article 39 The outbound food production enterprise exporting foods to China shall conduct registration in accordance with Article 65 of the Food Safety Law, with the validity period of registration being 4 years. For those registered outbound food production enterprises which offer fake materials or major food safety accidents occur to related imported foods caused by the outbound food production enterprises, the state entry and exit inspection and quarantine bureau shall revoke their registration and make publication. Article 40 The imported food additives shall contain Chinese labels and specifications, which shall reach the provisions of the Food Safety Law and other Chinese relevant laws and administrative regulations as well as the national food safety standards and state clearly the place of origin of food additives and names, addresses and contact ways of inbound agents. The food additives shall not be imported without Chinese labels, and specifications or with Chinese labels and specifications failing to meet the provisions herein. Article 41 The entry and exit inspection and quarantine bureau shall, in accordance with Article 62 of the Food Safety Law, conduct inspection on imported foods and supervision and random inspection on imported foods according to Article 68 of the Food Safety Law, with the concrete measures formulated by the state entry and exit inspection and quarantine bureau. Article 42 The state entry and exit inspection and quarantine bureau shall set up the information gathering network and in accordance with Article 69 of the Food Safety Law, collect, integrate and notify the following information: (1)    the food safety information discovered by the entry and exit inspection and quarantine bureau in the imported and exported foods; (2)    the imported food safety information reflected by industry association or consumer; (3)    food safety information and risk pre-warning issued by international organization or outbound governmental agency as well as food safety information reflected by outbound industry association or consumer; and (4)    other food safety information. The departments that have received the circular shall, when necessary, adopt corresponding treatment measures. The food safety supervision and administration department shall timely notify the informed information involving imported and exported food safety to the state entry and exit inspection and quarantine bureau. Chapter Seven  Handling of Food Safety Accidents Article 43 The units where food safety accidents have occurred shall immediately take control measures including sealing up for safekeeping on foods, raw materials, tools and devices that have caused or may cause food safety accidents and report to the administrative departments of public health of the people’s governments at or above the county level where they are domiciled within 2 hours as of the occurrence of accidents. Article 44 The investigation of food safety accident shall adhere to the principle of seeking truth from facts and respecting for science, timely and accurately find out the nature and cause of accident, affirm accident liability and put forward the measures to make corrections. The departments participating in the investigation of food safety accidents shall cooperate based on division of labor and synergy under the unified organization and coordination of the administrative department of public health in a bid to raise the work efficiency of accident investigation and handling. The measures for investigation and handling of food safety accident shall be formulated by the administrative department of public health under the State Council jointly with other State Council relevant departments. Article 45 The departments participating in the food safety investigation shall have the right to know about the information related to accident from relevant units and individuals and require them to provide interrelated data and samples. Relevant units and individuals shall coordinate with the investigation and handling of food safety accident, and not refuse to provide interrelated data and samples on request. Article 46 Any unit or individual shall not thwart and intervene with the investigation and handling of food safety accident. Chapter Eight  Supervision and Administration Article 47 The annual plan for food safety supervision and administration formulated by the local people’s government at or above the county level in accordance with Article 76 of the Food Safety Law shall include food sampling inspection. Main and secondary foods especially for particular population including infants, the elderly and patients shall strengthen sampling inspection. The departments of agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration at or above the county level shall conduct sampling inspection based on the annual plan for food safety supervision and administration. The fees of sampling inspection for sample purchase and inspection shall be paid by the finance at the same level. Article 48 The people’s government at the county level shall uniformly organize and coordinate the departments of heath administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration to carry out supervision and administration on food producers and traders in the administrative regions by law, and pay more attention to the supervision and administration on the food producers and traders with relatively high accident risk of food safety. After the administrative department of public health under the State Council has released the food safety risk warning information or received the food safety risk monitoring information notified by the administrative departments of public health of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with Article 10 of the Regulation herein, the people’s governments at the prefecture and county level shall immediately organize the departments of health administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration at the same level to take the pointed measures to prevent food safety accident from happening. Article 49 The administrative department of public health under the State Council shall, in accordance with disease information and supervision and administration information, publicize the directory and inspection methods of and for chemicals not for food use found to have been added or that may be added to foods as well as other substances that may harm people’s health. And the departments of quality supervision and industrial and commercial administration management under the State Council as well as the state food and drug supervision and administration department shall adopt corresponding measures of supervision and administration. Article 50 The departments of quality supervision, industrial and commercial administration management and food and drug supervision and administration may, in the food safety supervision and administration, adopt the fast inspection method affirmed by the departments of quality supervision and industrial and commercial administration management under the State Council as well as the state food and drug supervision and administration department to conduct the preliminary screening. The foods that may fail to meet the food safety standards based on the preliminary screening results shall be inspected according to Clause 3 of Article 60 of the Food Safety Law. The preliminary screening results shall not be taken as the basis of law enforcement. Article 51 The daily food safety supervision and administration information prescribed in Clause 2 of Article 82 of the Food Safety Law includes: (1)    situations where administrative licensing is conducted in accordance with the Food Safety Law; (2)    the directory of foods, food additives and products related to foods that are ordered to suspend production and operation; (3)    situations where illegal food production and operation is investigated and punished; (4)    situations where special inspection and rectification is conducted; and (5)    other daily food safety supervision and administration information prescribed in laws and administrative regulations. Where the above-mentioned information involves the duties of two or above food safety supervision and administration departments, it shall be jointly issued by interrelated departments. Article 52 The food safety supervision and administration department shall make interpretations and explanations of the possible hazards of relevant foods while releasing information in accordance with Article 82 of the Food Safety Law. Article 53 The departments of health administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration shall publicize the E-mail addresses or telephones to receive consultations, complaints and reports, in accordance with Article 80 of the Food Safety Law, reply to, verify and handle the received consultations, complaints and reports, and record and keep them. Article 54 The departments of industry and information and commerce under the State Council shall, based on duties, formulate the development planning and industrial policies for the food industry, take steps to boost the optimization of industrial structure, strengthen the guidance of the construction of honesty-credit system in the food industry and promote the sound development of the food industry. Chapter Nine  Legal Liability Article 55 Where the production and trading conditions of the food producers and traders have changed and failed to be handled according to Article 21 of the Regulations herein, the relevant competent departments shall order them to make corrections and impose warning on them. If serious consequences are caused, penalty shall be imposed in accordance with Article 85 of the Food Safety Law. Article 56 Where the catering service provider formulates and implements the raw materials purchase control failing to comply with Clause 1 of Article 31 of the Regulation herein, penalty shall be imposed in accordance with Article 86 of the Food Safety Law. Where the catering service provider inspects the foods and raw materials to be processed or still process and use the foods discovered to have gone bad or other unusual sensory properties failing to comply with Clause 2 of Article 31 of the Regulation herein, penalty shall be imposed in accordance with Article 85 of the Food Safety Law. Article 57 Penalty shall, in accordance with Article 87 of the Food Safety Law, be imposed in the following situations: (1)    where the food production enterprise fails to comply with Article 26 of the Regulation herein to set up and implement the food safety management system; (2)    where the food production enterprise fails to comply with Article 27 of the Regulation herein to formulate and implement the production process control or there are situations that don’t meet the requirement of control in the food production and rectification measures are adopted without complying with provisions; (3)    where the food production enterprise fails to comply with Article 28 of the Regulation herein to record safety management in the food production and keep relevant records; (4)    where the trading enterprise engaging in food wholesale fails to comply with Article 29 of the Regulation herein to record and keep sales information or reserve sales receipts; (5)    where the catering service enterprise fails to comply with Clause 1 of Article 32 of the Regulation herein to regularly maintain, rinse and adjust and test facilities and devices; and (6)    where the catering service provider fails to comply with Clause 2 of Article 32 of the Regulation herein to rinse and sterilize tableware and kitchenware or use them without rinsing and sterilizing. Article 58 Where food additives are imported without complying with Article 40 of the Regulation herein, they shall be confiscated by the entry and exit inspection and quarantine bureau. Where the goods value of illegally imported food additives is no less than RMB10,000, fine of more than RMB2000 and less than RMB50,000 shall be imposed. Where the goods value is more than RMB10,000, fine of more than twice and less than five times of the goods value shall be imposed. Article 59 Where the medical institution fails to comply with Article 8 of the Regulation herein to report relevant diseases information, the administrative department of public health shall order it to make corrections and a warning shall be given. Article 60 Where the unit in which food safety accident occurs fails to comply with Article 43 of the Regulation herein to adopt measures and report, in accordance with Article 88 of the Food Safety Law, penalty shall be imposed. Article 61 Where the local people’s government at or above the county level fails to perform the legal duty of food safety supervision and administration so that in the administrative region occurs major food safety accident, which has caused serious social effect, such punishments as recording a serious demerit, degrading, dismissing or expelling shall be imposed on directly responsible persons-in-charge and other directly responsible persons by law. Where the departments at or above the county level of health administration, agriculture administration, quality supervision, industrial and commercial administration management and food and drug supervision and administration or other relevant administrative departments fail to perform the legal duty of food safety supervision and administration, lack daily supervision and inspection or abuse authority, neglect their duties and play favouritism and commit irregularities, the punishment of recording a serious demerit or degrading shall be imposed on directly responsible persons-in-charge and other directly responsible persons by law; if serious consequences are caused, the punishment of dismissing or expelling shall be given, and the main responsible person shall take the blame and resign. Chapter Ten  Supplementary Provisions Article 62 The denotation of the following terms of the Regulation herein: Food safety risk assessment refers to the scientific evaluation of possible detrimental effects on people’s health caused by biological, chemical and physical hazards in the foods and food additives, including hazards identification, depiction of hazards features, exposure assessment and depiction of risk features. The catering service refers to the service activities of providing foods and consumption place and facilities for consumers through instant processing, commercial sales and service labor. Article 63 The edible farm product quality safety risk monitoring and risk assessment shall be conducted by the agriculture administration of the people’s government at or above the county level in accordance with the Law on Agricultural Product’s Quality Safety of the People’s Republic of China. The supervision and administration on foods at frontier ports shall be implemented by the entry and exit inspection and quarantine bureau in accordance with the Food Safety Law and the Regulation herein as well as relevant laws and administrative regulations. The food and drug supervision and administration department shall conduct strict supervision and administration on the foods that have been claimed to have particular health care function, with the specific measures separately formulated by the State Council. Article 64 The Regulation herein shall enter into effect as of the date of its promulgation.  For more information in Chinese, please click.  Global Foodmate Information Service Centre provides food standards & regulations research, labeling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.  Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net