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Supervision
Infant Formula Brand Enfamil Fined for Vanillin in Stage 1 Product
As notified by the Market Superintend Management Bureau of Ningbo on April 2, 2022, vanillin was detected in one batch of stage 1 infant formula products from Enfamil, Mead Johnson. Thus, Mead Johnson was fined for 1.29 million yuan. As per the regulations in China, vanillin is a forbidden substance in stage 1 infant formula (for infants from 0-6 months) and can only be used in stage 2 and 3 infant formula products (for babies from 6-12 months and 12-36 months, respectively) at a maximum of 5mg/100mL.
China Issues Key Points of Healthy China Action 2022
On April 2, 2022, China National Health Commission (NHC) issued a notice regarding the Key Points of Healthy China Action 2022. It is revealed that NHC jointly with SAMR would revise some regulations, such as the general principles of nutrition labeling, supervision and management measures on food labeling, and some other policy standards.
SAMR Clarifies Matters Regarding the Replacement of Special Food Registration Certificates
As per the notice issued by SAMR on April 6, 2022, if the applicant is unable to renew, change or transfer special food registration certificates due to the loss of original certificates, the applicant can submit a statement of the loss of the original certificate and attach the loss declaration issued in accordance with the regulations, and directly receive a new certificate without applying for the reissue of the original certificate.
On April 21, 2022, General Administration of Customs of China (GACC) published the list of non-compliant food products in March of 2022. A total of 223 batches of imported food from 34 countries/regions were rejected. Most non-compliant imported food in March came from Portugal, followed by Taiwan, China and the U.S.
China Reveals Random Inspection Plan on Product Quality in 2022
As per the notice released by SAMR on April 27, 2022, SAMR has selected 119 varieties of products on the market for quality sample inspection in 2022, and 13 food-related products were involved, such as composite film bag, plastic milk bottle for infants, plastic disposable tableware, plastic bottle cap, food packaging paper and paperboard materials, paper cup, disposable bamboo chopsticks and moon cake packaging.
Regulation
The Upgraded Protocol of China-New Zealand FTA Comes into Force
China and New Zealand signed a protocol on upgrading their 12-year-old free trade agreement (FTA) in 2021. Since April 7, 2022, the upgraded protocol of FTA has come into force officially. In addition, GACC drafted the Administrative Measures for Place of Origin for Imported and Exported Goods subordinated to China-New Zealand FTA, which has been implemented since April 7, 2022 as well.
China Approves 245 Recommended National Standards, Involving Several Food Products
On April 21, 2022, SAMR announced to approve 245 recommended national standards (GB/T) and unveiled the related catalogue. GB/T standards for fresh and frozen beef cuts, rabbit meat and by-products, quality grading of chicken, as well as general principle of Konjac gel food quality were especially worth of attention. The full text of these GB/T standards will be released soon.
China Prohibits the Addition of Any Other Substances into Honey
On April 29, 2022, SAMR released the Detailed Rules for Production License Examination of Bee Products (2022 Edition) with immediate effect. As per the new edition, honey, royal jelly (including lyophilized royal jelly) and bee pollen shall not be added with any other substances, and bee products produced with honey as raw materials shall not be added with starch sugar, syrup and sugar. It also specifies the labeling requirements for bee products, that is, bee products shall be prominently marked with "bee products" on the principal display panel of the product label, the font size shall not be less than other words on the same display panel, and names such as "honey", "honey paste" and "honey treasure" shall not be used. Besides, the ingredient list of bee products shall accurately indicate the addition amount of honey, royal jelly (including lyophilized royal jelly), bee pollen or its mixture or the content in the finished product.
Taiwan Amends Regulations on Pesticide Residue Limits in Foods
On April 19, 2022, Taiwan FDA unveiled two amendments regarding pesticide residue limits in food, namely, Standards for Pesticide Residue Limits in Foods (Amendment on Appendix 1 of Article 3, and Appendix 5 of Article 6), and Standards for Pesticide Residue Limits in Animal Products (Amendment on Article 3). Both amendments revised the residue limits for several pesticides, such as becquerel and quinone.
Draft
China to Crack Down on the Production, Sales and Importation of Foods Added with Gold or Silver
On April 14, 2022, SAMR, together with MoARA, NHC and GACC started to consult on a new draft named "Provisions on Investigating and Punishing the Illegal Acts of Manufacturing Foods Containing Gold/Silver Powder or Foil". This draft restricts the operation and business behavior of manufacturers, seller, importer, E-commerce platform/seller and advertiser as well as raises the requirements for local competent authorities. Any feedback should be sent to [email protected] prior to April 21, 2022.
China Proposes Three New Food Additives, Involving 2’-FL for Infant Formula
On April 15, 2022, China National Center for Food Safety Risk Assessment (CFSA) issued a notice to open three new food additives for public consultation, including one enzyme preparation, one nutritional fortifier and one food additive with expanded application scope. Any comments can be sent to [email protected] before May 15, 2022. 2’-FL was proposed to be used as a new nutritional fortifier in infant formula with the usage amount of 0.7 – 2.4g/L.
China to Amend GB Standard for Requirements of Restricting Excessive Package for Foods
On April 18, 2022, MIIT issued a notice to open the second draft of the first amendment sheet for public consultation. Compared with the first draft, the second draft only delayed the proposed implementation date for provisions related with zongzi and mooncakes from August 1, 2022 to August 15, 2022. Comments can be sent to [email protected] before April 24, 2022.
SAMR Consults on the Establishment Plan for Recommended Standard for Chocolate Product
On April 19, 2022, SAMR opened the proposed catalogue of 178 recommended national standards for public consultation. Among them, Quality Requirement for Chocolate & Chocolate Products (including chocolate & chocolate products with cocoa butter alternatives) was listed. This standard specifies terms and definitions, product classification, raw and auxiliary materials, technical requirements, inspection methods, inspection rules, judgment and re-inspection, labels and marks, packaging, storage, transportation and sales requirements. It applies to the production, inspection and sales of chocolate and chocolate products, as well as cocoa butter chocolate and cocoa butter chocolate products. Comments are accepted before May 3, 2022.
China Solicits Feedback on Three Food-related Products
On April 22, 2022, China National Center for Food Safety Risk Assessment (CFSA) released a notice to open three food-related products for public comments, including one food contact material (FCM) additive with expanded usage scope and two new varieties of FCM resins. Any comment can be sent to [email protected] prior to May 20, 2022.
Taiwan to Revise Regulations on Food Additives
On April 19, 2022, Taiwan FDA unveiled the proposed draft of Standards for Specification, Scope, Application and Limitation of Food Additives (Amendment on Appendix 1 of Article 2). The amendment mainly revised the application scope and limit standard of nutritional additive L-cystine. Comments can be sent to [email protected] before June 20, 2022.South Korea Consults on Food Labeling Act
On April 4, 2022, the Ministry of Food and Drug Safety (MFDS) released the draft of Act on Labeling and Advertising of Foods. It proposes to label table eggs with the packaging date in addition to the manufacturing date.
South Korea Publishes Examples of Inappropriate Online Advertisements of Food, Health Functional Food, Quasi-drugs, and Cosmetics
On April 5, 2022, MFDS unveiled a collection of Examples of Inappropriate Online Advertisements of Cosmetics, Food, Health Functional Food, and Quasi-drugs for enterprises’ reference. This collection concludes the improper advertisements on cosmetics and other goods sold online. The non-compliance reasons are outlined as well.
South Korea Consults on Health Functional Food Code
On April 11, MFDS issued a public notification to solicit opinions on the amendments to Health Functional Food Code. The specification of fatty acid and phytosterol in Saw Palmetto Fruit Extract is drafted out. The fatty acid shall be more than 80%. The sterol and beta-sitosterol of the phytosterol shall be over 0.2% and 0.1%, respectively.
Moreover, the ratio between kaempferol and quercetin in Ginkgo (Ginko biloba) leaf Extract is proposed to be clarified as “1: 0.8 ~ 1.2”. Suggestions are welcome before June 10, 2022.
South Korea to Revise Food Additive Code
On April 13, 2022，MFDS released two notifications, MFDS Notification No. 2022-1711 and MFDS Notification No. 2022-1722, to solicit public opinions on the amendments to Food Additive Code. The proposed changes focus on the use limit of Nicotinic Acid, new additives for manufacturing various types of dietary supplements, amino acids applicable for infant foods, and new components of Steviol Glycoside, etc.
South Korea Adopts Use-by Date in Food Regulations
As per the amendments in Food Labeling Act, the terminology of “sell-by date” in several food regulations is replaced by “use-by date”.
The relevant regulations include:
These regulations will come into effect on January 1, 2023.
South Korea Consults on Imported Food Act
On April 20, 2022, MFDS issued the draft of the Imported Food Act for public opinion. The authority mainly introduced the sanitation assessment on animal-derived foods, established the legal basis for automatically reviewing import declaration documents via electronic system, as well as modified the provision to help citizens safely purchase foods directly from abroad. Stakeholders can send suggestions to MFDS prior to May 30, 2022.
Japan Revises the Labeling Requirement for Food for Special Dietary Uses
On April 1, 2022, the Consumer Affairs Agency, Government of Japan, issued an amendment for food for special dietary uses, mainly related to the labeling requirement. This amendment extends the transition period for the above requirements from March 31, 2022, to March 31, 2023.
Before March 31, 2023, there is no need for milk powder and liquid milk for babies (allergen-free foods) to refer to the selenium standard (1~5.5μg per 100ml) in Table 6 of Standard for Permission to Express Food for Special Purpose. The above products can still comply with the previous requirements.
Japan Revises the Labeling Requirements for Beer
On April 15, 2022, the Consumer Affairs Agency, Government of Japan, released an amendment for beer’s labeling requirements, mainly amending the mandatory labeling items for beer.
Information subject to mandatory labeling:
(1) Name of the beer
(2) Raw material name
(3) Expiration date
(4) Preservation method
(5) Inner capacity (net content)
(6) Alcohol content
(7) Name and address of the business operator
NEW!(8) Location of the factory or processing plant and the name of the manufacturer or processor
NEW!(9) Raw materials’ origin name
(10) Handling precautions, etc.
Japan Publicly Solicits Opinions on the Evaluation of Three Substances
In April 2022, the Japanese Food Safety Commission (JFSC) passed the food safety risk assessment for three substances and solicited opinions from the public on the safety assessment results. The details are as follows:
Date | Substance | Security risk assessments | Deadline |
April 13 | (produced using Komagataella phaffii BSY0007) | It will not cause damage to human health to consume animal products derived from livestock whose feed contains this substance. | May 12, 2022 |
April 20 | An acute reference dose (ARfD: 0.0045 mg/kg bw) was specified. | May 19, 2022 | |
When it is used as a veterinary drug under normal conditions of use, it will not cause damage to human health due to residues. |
On April 20, 2022, the Food Safety Commission of Japan (FSCJ) released a draft of Food Health Impact Assessment Guidelines for Food-borne Microorganisms, involving background, purpose, the scope of application, evaluation format, components, etc. Any comments can be submitted before May 19, 2022.
Japan Proposes to Remove One Food Additive from the Positive List
According to the announcement issued by the Ministry of Health, Labour and Welfare (MHLW) on April 22, 2022, although food additive 3-acetyl-2,5-dimethylfuran has little carcinogenic effect on human beings, it is proved as an genotoxic carcinogen. Therefore, MHLW announced this additive would be deleted from the list of designated food additives from December 31, 2022.
On April 22, 2022, the Consumer Affairs Agency of Japan unveiled a notice that two kinds of beverages had passed the CAA review and would be allowed to be labeled as special health food. Currently, 1,061 foods have been approved to be labeled as special health food.
India Regulates Sample Quantity of Imported Lactoferrin
On April 4, 2022, the Food Safety Standards Authority of India (FSSAI) issued a notice regarding the sample quantity of imported Lactoferrin. As per Food Safety and Standards Laboratory and Sample Analysis) Regulations, 2011, Lactoferrin falls under "food unspecified" whose sample quantity is mentioned as 500g. However, due to the high price of Lactoferrin, enterprises are allowed to provide miniature / representative samples to reduce the cost. (1) Miniature / representative samples shall at least be 50g, e.g., two samples of 25g each; (2) provide the certificate of the regulatory authority of the exporting country to prove that the sample belongs to the same batch as the imported goods. If the enterprise cannot provide miniature / representative samples, samples shall be taken under aseptic conditions.
Philippines to Import 350,000 MT Sugar
As reported by Business Mirror on April 7, 2022, it is revealed that Philippines planned to open an importation program of 250,000 MT refined sugar and 100,000 MT raw sugar, so as to plug the shortfall in domestic supply and arrest the skyrocketing prices of the sweetener.
India Clarifies the Sampling of Imported High Priced Alcoholic Beverages
On April 11, 2022, FSSAI issued a notice regarding the relevant management regulations on further clarifying the sampling of imported high priced alcoholic beverages. According to this regulation, when importing high priced wine, if the relevant enterprise can provide 100ml miniature / representative samples (in two numbers), the laboratory and on-site officials will only take the miniature samples for laboratory analysis.
India Regulates Veg or Non-Vveg Logo on Food Labels
On April 6, 2022, FSSAI issued a notice to clarify the obligation upon the food business operators (FBOs) to disclose the vegetarian or non-vegetarian nature of the food. As per the notice, the FBOs shall declare the non-vegetarian logo in case any individual constituent ingredient of the compound ingredient is of non-vegetarian in origin, irrespective of the percentage of compound ingredient in the food.
India Issues Regulations Regarding Misleading Ads and Marketing of ORS Substitute Product
FSSAI has received complaints that some fruit-based and non-carbonated ready-to-drink beverage manufacturers use terms such as ORSL, ORSL Rehydrate, and Electro Plus ORS, among others, which are similar to ORS (Oral Rehydration Salts). On April 6, 2022, FAASI issued a notice to term it as a case of misbranding, and considered such products labelled with terms containing ORS were misleading for consumers and could be harmful for patients. FSSAI said that state food safety commissioners should take “appropriate actions” against such companies, and direct them to rectify the highlighted labelling defects immediately and ensuring that the term ORS is not used for labelling of such products.
On April 21, 2022, Philippines FDA opened a draft regarding the licensing of food establishments and the registration of processed food for public consultation. The draft applies to imported and locally produced processed and prepackaged foods, provides the guidelines for the licensing of food establishments and guidelines in the registration of processed food products. Comments can be sent to [email protected] before April 30, 2022.
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