Regulatory Landscape of Electronic Food Labeling in China, the U.S. and Europe

In light of consumers' growing demand for more product information and food safety concerns, countries worldwide are actively promoting the adoption of digital labels, such as the quick response (QR) code. This article discusses the developments in electronic labeling in China, the U.S., and Europe. More countries will be covered in the future.

China

Cross border e-commerce (CBEC) products should display compliant food label information in Chinese on the websites.

China's Food Safety Law states that all imported prepackaged foods must have Chinese labels that comply with laws, regulations and standards. However, according to the Circular on Improving the Supervision of Cross-border E-commerce Retail Import (No. 486 [2018]), products imported via CBEC retail channel are allowed to display food label information in Chinese on the websites, while physical Chinese labels on products become voluntary.

China is piloting the use of QR codes to provide label information on prepackaged foods.

The China National Center for Food Safety Risk Assessment (CFSA) is currently organizing the revision of GB 7718 General Rules for Prepackaged Food Labels to clarify the principles, requirements, and display content for the application of digital labels. Renowned food companies like Coca-Cola, Starbucks, Feihe, and Danone are participating in a pilot program for digital labels. The pilot products are expected to be gradually launched by the end of 2023, allowing consumers to scan the QR codes on the packaging to obtain food label information.

China is actively promoting e-labels for food traceability.

In recent years, China's authorities have been encouraging the development of a product traceability system by using modern information technology. In 2022, State Administration for Market Regulation (SAMR) issued GB/T 38574 to regulate QR codes application under the framework of food traceability system. On October 27, 2020, Beijing SAMR required the mandatory upload of food traceability data of chilled/frozen meat and aquatic products to the traceability platform. Food sellers should stick the e-traceability code on food packages or counters for consumers to access product information. In addition, according to the Shanghai Action Plan on Food Safety Traceability, by 2025, Shanghai aims to achieve the automatic print of traceability QR codes on products in chain supermarkets through methods such as cashier systems and electronic labels.

China sets rules on demonstrating organic certification marks by electronic means.

In 2022, China revised the Coding Rules of National Organic Product Certification Mark, prioritizing the use of QR code query methods by certification bodies. According to the new coding rules, a QR code corresponding to each organic code is generated, aiming to facilitate the way to access organic code information. The WeChat mini-program provided by the Certification and Accreditation Administration (CNCA) will automatically display the organic code and certificate information to the public.

The United States

Electronic calorie declarations are permitted on vending machines.

According to a rule by the U.S. Food and Drug Administration (FDA), vending machines with digital, electronic, or liquid crystal display (LCD) screens can be used to provide calorie information if the declaration is displayed before the customer makes a purchase. The calorie declaration should be clear, conspicuous, and prominently placed. Additionally, electronic signs located near the food item or selection button in or around the vending machine can also be used to provide calorie information.

The United States has considered the use of QR codes in GMO product labels.

The U.S. Department of Agriculture (USDA) has a new national standard for disclosing foods that are or may be bioengineered. This standard made it mandatory for brands to disclose whether their food products contain genetically-modified ingredients. QR codes were approved as one of the methods to communicate this information. However, the decision to allow electronic means of disclosure encountered opposition, as some argued that digital disclosures limit consumer access. In September 2022, a U.S. district court ruled that the USDA acted unlawfully by permitting food retailers to label genetically engineered foods solely with a QR code.

Europe

European Union (EU) acknowledges the potential of digital labeling.  

EU recognizes the potential of incorporating digital labeling as a form of displaying food information. On September 8, 2022, the European Commission’s Joint Research Centre (JRC) published the results of four scientific studies related to food information, including a literature review on digital means. These findings will be used as input for revision of Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC Regulation), which is the key regulation related to food labeling in the EU.

EU has specific requirements for e-labeling of wine products.

According to Regulation (EU) 2021/2117, by December 8, 2023, all labels on wine sold in the EU are required to have nutritional information and ingredients list. The regulation stipulates that the energy value needs to be listed on the physical label of the wine bottle. The full nutrition declaration and the ingredients list can be provided electronically with a QR code or other means. It is worth noting that the electronic label does not collect or track user data and contain information for marketing purposes. Substances causing allergies and/or intolerance are required to be on the physical label. Additionally, enterprises can check Explanatory Memorandum 2023/3257 for detailed clarification on electronic labels.