On November 21, SAMR has drafted the Measures for Supervision and Administration of Food Labeling (Draft for Comments) (hereinafter referred to as the Measures), which is now open to the public for comments. The deadline for feedback is December 20, 2019. The purpose of this revise is to standardize the food labeling, comprehensively implement 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, and other laws and regulations, and strengthen the supervision and administration of food labeling. In order to assist enterprises better learn the relevant requirements, Antion China compares the Draft for Comments with food-labeling-related regulations such as current vision of Measures for Supervision and Administration of Food Labeling and GB 7718, and analyzes and interpretsthe major changes and impacts.

Presently, the basis for China’s food labeling supervision is deficient in integrity, unity, systematization and authority. Measures clarifies the definition of food labeling: “the generic terms of words, symbols, numbers, pattern and other instructions are stick, printed, marked or attached on food or its packaging, which are used in identifying and describing the basic information, characteristics or nature of food.” Measures also emphasizes that “food labeling includes labeling and instruction.” Meanwhile, Measures indicates the division of labor at all levels of regulatory agencies, and highlight the regulatory responsibilities and legal responsibilities of all parties. The revision of the Measures will help improve the supervision and administration of food labeling, meet the demands of routine supervision and law enforcement works, regulate the behavior of food production operators on food labeling, prevent false and fraud, and protect the legal rights and interests of production operators and consumers.

Emphasizes the label requirements on imported foods

Article 14 clarifies “imported foods should have food labeling in Chinese, and Chinese labeling should be directly stick, printed, or marked on the minimum sales packaging during the production process, and Chinese labeling cannot be stick again.” It will have great influence on imported foods, especially for the products with less import volume or parallel imports, they will be difficult to meet the requirements, which will be beneficial to guarantee of imported food safety.

Highlight the supervision requirements of food additives

On the basis of existing labeling requirements, it indicates five food additives, which are directly used in foods, including sweeteners, preservatives, colorings, emulsifiers and thickeners, must be labeled as their specific names, and cannot be labeledas categories or codes. Meanwhile, Article 48 states it encourage food producers to carry out clean labeling operations with as little or no food additives as possible.

Clarify the major inspection contents of labeling supervision 

Measures clearly defines the key points in the supervision and administration process of food labeling, and specifies the direction of supervision, so as to facilitate law enforcement personnel to undertake food safety supervision and spot check. The key inspection contents specified in the Measures are as follows:

(1)  The label of food production date, and shelf life;

(2)  Raw materials and auxiliary materials specially designed for infants and other specific people, whose label indicate the main nutrients and contents;

(3) The labeling and instruction of health food, and function publicity in promotional materials.

In addition, article 15 indicates: “without any relevant laws, regulations and food safety standards, the food labeling cannot have such descriptions as exclusively for or more suitable for specific groups (infants, children, the elderly, and pregnant women, etc.).”

Currently, the Measures is still in the stage of soliciting opinions, and enterprises can give timely feedback on the basis of the actual situation, and state the practical problems and cases, so as to improve the laws and regulations to comply with the current situation and demands of the food industry. At the same time, it can be found that food labeling compliance plays a key role in supervision, food production operators should positively check and correct by themselves and perfect their compliance administration works on food labeling. 

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