Regulatory Environment for GMO Foods in China

Relevant laws and regulations

• Administrative Measures for Safety Evaluations of Agricultural GMOs

• Measures for Examination and Approval of the Processing of Agricultural GMOs

• Measures for Agricultural GMO Labeling Administration

• Administrative Measures for Safety Control for Importing Agricultural GMO Products

• Administrative Measures on the Entry and Exit Agricultural GMO Products Inspection and Quarantine

Competent authority

The MOA is the primary institution in charge of implementing the agricultural biosafety regulations. AQSIQ shall be in charge of the inspection and quarantine of imported GMO products.

GMOs safety evaluation:

The testing, production, and marketing of GMOs in China are subject to government approval. GMO Safety Certificates shall be obtained for all these activities carried out in China. The National Agricultural GMO Biosafety Committee is responsible for evaluating applications for GMO Safety Certificates.

Tiered evaluation management system is implemented for agricultural biosafety in China. Agricultural GMOs can be divided into four categories based on the safety evaluation on their risk level to human beings, animals & plants, microorganism and ecological environment.

Research into agricultural GMOs classified as Class III and IV need to report to the MOA before the research is carried out. The activities of testing, import, production and processing of agricultural GMOs at all risk levels shall report to or make application to MOA based on the product category and evaluated risk level stage by stage. The safety evaluation on agricultural GMOs will be carried out twice a year by MOA.

Import rules for agricultural GMOs

Imported agricultural GMOs can be subdivided into three categories by usage for different management approaches and approval procedures, i.e. GMOs for research and testing, GMOs for production, and GMOs used as processing raw materials. The agricultural GMOs imported as consumables directly are also treated as per the approval procedure of GMOs used as processing raw materials.

China’s regulatory system provides for case-by-case authorizations for import. A GMO declaration system is implemented for entry animals, plants, microorganisms, their products, and foods. Relevant safety certificates and labeling approval documents as well as other import documents are required during the declaration.

Since China has a zero tolerance policy for unapproved GM products, imported agricultural GMOs without GMO safety certificates or relevant approval documents will be returned or destroyed at port.

GMO foods:

There is no specific piece of legislation in China regulating GMO foodstuffs however provisions are included in China’s food safety law and China’s agricultural laws, however the most important reference are Agricultural GMO Safety Regulations.

Labeling requirements:

China has one of the world’s strictest GMOs labeling systems. GMO products on the agricultural GMO catalogue published by the state must be clearly labeled when sold within China. There are no labeling exemptions or exceptions to the rules which require mandatory labeling if there are any GMO ingredients contained in the product. In European countries only products with GMO content above 0.9% require labeling, and in Japan the threshold value is 5%. In the US the system is far more lenient where GMO labeling is not a mandatory requirement.

The GMO labeling of imported agricultural GMOs should be sent to the MOA for approval and to the AQSIQ and Ministry of Commerce for recording before it can be used.

At present, 5 groups of GM products (altogether 17 products) must be labeled before sale, most of which are major agricultural imports, including:

• Soybean seeds, soybeans, soybean powder, soybean oil, and soybean meal;

• Seed corn, corn, corn oil, and corn powder;

• Planting seed of rape, rapeseed, rapeseed oil, rapeseed meal;

• Cotton seed

• Tomato seed, fresh tomatoes, and tomato paste