In recent, Chinese Premier Li Keqiang has signed a decree of the state council and promulgated the revised Regulations on the Implementation of the Food Safety Law of the People's Republic of China (following referred to as the Regulation) on October 31, 2019. The Regulations have 10 chapters and 86 articles and will come into force on December 1, 2019.

The regulation is the further implementation and refinement of the newly revised food safety law in 2015, which is conducive to solving the problems and difficulties in practice and provides clear requirements and basis for the production and operation of food enterprises. In order to help enterprises better understand and implement the relevant requirements. Antion China has interpreted the key provisions of the regulations, hoping to bring help to the legal and compliant operation of industry enterprises.

Emphasizing main responsibility of food enterprises and their responsible persons

Regulation clearly define the main responsibility of food safety of food production and marketing enterprises in each stage. For the first time, it has been confirmed that allocate responsibility of food safety to a specific person. In addition to punishment according to the food safety law, people who intentionally break the law, behave badly in nature and cause serious consequences should be “Impose a fine of not less than one time but not more than 10 times the income obtained from the unit in the previous year for the legal representatives of unit, main officials, persons who are directly in charge and the other persons who are directly responsible”.

At the same time, the establishment of the joint punishment mechanism for dishonesty and the blacklist system for serious illegal producers and operators. It will also effectively promote the legal compliance, honesty and self-discipline of food enterprise. It forces food enterprises and relevant responsible persons to strengthen their own sense of subject responsibility.

Refinement of relevant requirements for food safety standards

Regulation explicitly require that no local food safety standards shall be formulated for health food, formula food for special medical purposes, formula food for infants and young children and other special food. It is required that the standards of food safety of enterprises should not be lower than the national or local food safety standards. Moreover, enterprise standard should be open for public reference, which is conducive to correcting the abuse of food safety standards of enterprise by some enterprises.

The scientific and reasonable definition of “recycled food” is determined

“Regulations” clearly state that the term “recycled food” as used in the Food Safety Law means food that has been sold, and recalled or returned for violation of laws, regulations and food safety standards, or excess of the shelf life, excluding the food that can be continued to be sold in accordance with article 63, paragraph 3 of the Food Safety Law.

Standardize and restrict the behavior of product advertising

On the basis of the requirements of Food Safety Law, Advertising Law and related special rectification activities, “Regulation” indicates more explicit requirements on the product advertising behaviors for food enterprises. Such provisions as “It is forbidden to make false propaganda of foods by any ways, which including meetings, lectures, and health consultations”, “Foods other than health foods, cannot claim any health care functions”, and “For infant and young children formula foods, which added selective added substances that specified in national food safety standard, cannot be named as these substances”, specifies the corporate codes of conduct, and provide a basis of correcting similar violations.

At the same time, “regulation” indicates “Food advertisings of specific full nutritional formula food in foods for special medical purpose should be supervised as prescription drug advertising, and other type foods in foods for special medical purpose should be supervised as over-the-counter advertising”.

“Regulation” clarifies the responsibility for the release of food safety information. “Any entities and individuals cannot use inspection information to rank foods and food producers”. With the development and popularization of the internet, lots of self-media carry out food evaluation, the release of “Regulation” can effectively curb such phenomena, so that producers and consumers can establish correct values and protect their legitimate rights and interests.

Standardize the sales management of special foods

“Regulations” clarifies “The traceable construction, which of such foods as infant and young children formula that for specified population, as well as some foods that have high food safety risks or have great sales volumes, as the focus of supervision and inspection”, and the infant formula milk powder production enterprises as the key inspection targets.

“Regulation” also requires that “Specific full nutritional formula food in foods for special medical purpose should be sold to consumers through medical institutions or pharmaceutical retailers. These medical institutions and pharmaceutical retailers do not need to obtain food business license, but they should comply with the provisions of Food Safety Law and this Regulations on food sales.” And also indicates “Special foods cannot be mixed with common foods or medicines”. This action will further strengthen the divisional sales management of business enterprises, effectively avoid some enterprises using common foods to pretend as special foods, health foods, etc., and it is conducive to safeguarding the legitimate rights and interests of consumers.

Detailed imported and exported food management provisions

“Regulation” specifies relevant requirements for food import and export, including importers importing food, food additives to entry-exit inspection and quarantine agencies for inspection, and accompanying the certification documents stipulated by laws and administrative regulations; bulked imported foods will be inspected at the port of discharge; some foods are imported at designated ports based on the requirements of risk management.

“Regulation” clarifies that “Importers shall establish a censorship for foreign exporters and enterprises”, compares with the old version, the current “Regulation” deletes the filing of imported food label, and imported prepackaged food label has been used as one of the food inspection items. The entry-exit inspection and quarantine institution in accordance with the provisions of laws and regulations that associated with food safety and imported and exported commodity inspection.