Guiding Opinions of Chengdu FDA About Food Label Identification
Interpretation
2018-03-02
Foodmate
In recent years, the issues of food label identification have become the key point and focus of occupational complaints and reporting with involving more and more widespread, complex and professional label issues. And great importance isattached to label compliance from the national level as well as the provincial level.For imported products passed the inspection of the customs to all cities in thecountry, the provincial FDA (food and drug administration) will also conduct sampling inspection on product compliance. Global Foodmate analyzed and interpreted some of the complaints related to imported food in the Guiding opinions of Chengdu FDA about regulating the food label for the reference of overseas food enterprises.
Case1: imported food products contain ingredients which may not be added by laws, regulations or standards in China, but it has the conformity certificate document issued by the CIQ. Such as some products have been complained about because the ingredients contain fish liver oil.
Handling principles: the product violates the current laws and regulations in China. The conformity certificate document issued by CIQ are contrary to the laws,regulations and standards and cannot be used as the basis for the determination of the product's legal rights.
Case2: The content of imported food label is suspected of violating the current laws, regulations or food safety standards in China, but it has the conformity certificate document issued by the CIQ. For example, the nutrition information of products does not meet the national standards.
Handling principles: In the case of imported food labels, if the legality of the product label cannot be identified after investigation and evidence collection according to the relevant laws and regulations, the CIQ shall be required to conduct inspection and quarantine on the imported food. If the food production and trade enterprise can provide the import inspection and quarantine report of conformity, it can be concluded that the label of the involved product label is legal.
Case: Adding one or more new food raw materials which are not included in the “Chinese Pharmacopoeia”, medicinal and edible list, and do not belong to new food raw materials approved by the state in food, such as american ginseng, senecio cineraria, peach blossom and crabshell hydrolysate.
Handling principles: according to the “Review measures of safety for new food raw materials”, the key to the determination is whether the food has a history of more than 30 years in food production and trade in Sichuan. If so, it can be identified as compliance.
The handling principles of declared value of food nutritional content table not complying with the provisions of “General Rules for Nutrition Labeling of Prepackaged Foods” (GB28050-2011):
1. The determination of the accuracy of declared value of nutritional label shall bebased on the method of determining the label value of the enterprises;
2.Because the food nutritional content is unstable, it will change according to the season, origin and transportation conditions. Therefore, it is acknowledged that there may be some discrepancies between the detected values of nutritional contents. It is suggested that the involved product batches and other batches (a total of more than three batches) shall be conducted with entrustment inspection under permitted conditions to comprehensively determine whether the products in question are in conformity with the provisions;
3. Where there are large differences between detected figures and label declared value, the enterprise shall promptly analyze and correct deviation.
The guiding opinion not only regulated the standard scale and case handling procedures for complaints of food label identification but also reflected that the Chinese government attaches great importance to the compliance of food label, especially the compliance of the label of imported food. It is recommended that foreign companies shall thoroughly understand China's requirements on product compliance before exporting food products to China and reduce the compliance risks after products entering the Chinese market. At the same time, we also summarize China's requirements for labels according to GB 7718-2011 “General standard for the labeling of prepackaged foods” as follows:
A Cases concerning imported products
Case1: imported food products contain ingredients which may not be added by laws, regulations or standards in China, but it has the conformity certificate document issued by the CIQ. Such as some products have been complained about because the ingredients contain fish liver oil.
Handling principles: the product violates the current laws and regulations in China. The conformity certificate document issued by CIQ are contrary to the laws,regulations and standards and cannot be used as the basis for the determination of the product's legal rights.
Case2: The content of imported food label is suspected of violating the current laws, regulations or food safety standards in China, but it has the conformity certificate document issued by the CIQ. For example, the nutrition information of products does not meet the national standards.
Handling principles: In the case of imported food labels, if the legality of the product label cannot be identified after investigation and evidence collection according to the relevant laws and regulations, the CIQ shall be required to conduct inspection and quarantine on the imported food. If the food production and trade enterprise can provide the import inspection and quarantine report of conformity, it can be concluded that the label of the involved product label is legal.
B Cases concerning new food raw materials
Case: Adding one or more new food raw materials which are not included in the “Chinese Pharmacopoeia”, medicinal and edible list, and do not belong to new food raw materials approved by the state in food, such as american ginseng, senecio cineraria, peach blossom and crabshell hydrolysate.
Handling principles: according to the “Review measures of safety for new food raw materials”, the key to the determination is whether the food has a history of more than 30 years in food production and trade in Sichuan. If so, it can be identified as compliance.
C Cases concerning the nutritional contents
The handling principles of declared value of food nutritional content table not complying with the provisions of “General Rules for Nutrition Labeling of Prepackaged Foods” (GB28050-2011):
1. The determination of the accuracy of declared value of nutritional label shall bebased on the method of determining the label value of the enterprises;
2.Because the food nutritional content is unstable, it will change according to the season, origin and transportation conditions. Therefore, it is acknowledged that there may be some discrepancies between the detected values of nutritional contents. It is suggested that the involved product batches and other batches (a total of more than three batches) shall be conducted with entrustment inspection under permitted conditions to comprehensively determine whether the products in question are in conformity with the provisions;
3. Where there are large differences between detected figures and label declared value, the enterprise shall promptly analyze and correct deviation.
The guiding opinion not only regulated the standard scale and case handling procedures for complaints of food label identification but also reflected that the Chinese government attaches great importance to the compliance of food label, especially the compliance of the label of imported food. It is recommended that foreign companies shall thoroughly understand China's requirements on product compliance before exporting food products to China and reduce the compliance risks after products entering the Chinese market. At the same time, we also summarize China's requirements for labels according to GB 7718-2011 “General standard for the labeling of prepackaged foods” as follows:
1. Reflect the true nature of the product actually without false information, exaggeration, not misleading and cheating.
2. Have scientific basis, no propaganda violating science as superstition and pornography,etc., and do not belittle other foods.
3. Do not perform the propaganda of having prevention, treatment and health care functions either expressed or implied.
4. Simplified Chinese
Simplified Chinese must be used, other language fonts shall not be greater than the corresponding Chinese characters.
5. Legible, striking and lasting principles
Separated from the food, the character height must be greater than 1.88mm, the character of net content shall be higher.
6. All label factors of corresponding food shall be identified.
2. Have scientific basis, no propaganda violating science as superstition and pornography,etc., and do not belittle other foods.
3. Do not perform the propaganda of having prevention, treatment and health care functions either expressed or implied.
4. Simplified Chinese
Simplified Chinese must be used, other language fonts shall not be greater than the corresponding Chinese characters.
5. Legible, striking and lasting principles
Separated from the food, the character height must be greater than 1.88mm, the character of net content shall be higher.
6. All label factors of corresponding food shall be identified.
