Asia Pacific Food Regulation Dynamics | February 2022

Supervision

GACC Updates the List of Animals and Their Products Prohibited from Importation

On February 7, 2022, General Administration of Customs of China (GACC) released the latest list of animals and their products prohibited from importing from animal epidemic affected countries/regions, which is a combination of all the prohibited items covered by individual notifications previously released by GACC and Ministry of Agriculture and Rural Affairs (MoARA). As revealed by the updated list, currently, certain animals and their products from 128 countries/regions across five continents are banned from exporting to China. 

China Establishes 27 New CBEC Comprehensive Pilot Zones

As per the notice released on February 8, 2022, China State Council announced to establish new CBEC comprehensive pilot zones in 27 cities and regions across 12 provinces. The purpose is to promote the development of CBEC and support foreign trade and investment. At present, China has established 132 CBEC comprehensive pilot zones.

Mutual Recognition of Organic Food Certification Between China and New Zealand Is Moving Ahead

On Feb. 8, 2022, Certification and Accreditation Administration of China (CNCA) released a notice (No.3/2022) with immediate effect, which details the implementation matters regarding the mutual recognition of organic products certification between China and New Zealand. The Notice is mainly a supplement to “Mutual Recognition Arrangement for Certified Organic Products between China National Certification and Accreditation Administration and New Zealand Ministry of Primary Industry” signed by the two countries in 2016. The release of this notice will substantially push forward the mutual recognition of organic food certification between the two countries.

Tmall Global Unveils Rules on Specifications of Fresh Food Packaging and Cherry

On February 9, 2022, Tmall Global, a major CBEC platform in China, unveiled the product specification for imported cherry, and the packaging requirements for fresh food sector. The involved rules came into effect on February 15, 2022. Only products obey the new rules are eligible to be sold on Tmall Global.

China-New Zealand Upgraded FTA to Come into Effect Soon

As revealed by China Ministry of Commerce on February 15, 2022, China and New Zealand jointly announced that the upgraded bilateral Free Trade Agreement (FTA) signed on January 26, 2021 will come into effect on April 7, 2022. New Zealand's dairy industry plays an important role in its national economy, and China was its largest dairy export destination. The upgraded FTA states that the safeguard duty for most dairy products will be removed within one year and that for milk powder will decrease to zero within three years, which means that all dairy products imported from New Zealand to China will be exempted from tariff starting from January 1, 2024.

278 Batches of Imported Products Rejected by China Customs in January 2022, Involving Dairy and Honey

On February 16, 2022, GACC published the list of non-compliant food products in January of 2022. A total of 278 batches of imported food from 36 countries/regions were rejected. Most rejected food came from Taiwan, China, followed by Japan and the United States.

China Updates Cross-Border E-Commerce Positive List

On February 21, 2022, eight departments jointly announced to optimize the List of Import Goods through Cross-border E-commerce. The new list will be effective starting from March 1, 2022. 29 products are newly included into the list, including tomato juice, mustard flour and its condiment.

78 Pet Feed and Feed Additive Products Granted MoARA Import Registration Certificate

As revealed by the official notice released on February 21, 2022, MoARA approved the registration or renewal registration of 126 feed and feed additive products from 52 firms. Among the 126 feed products, 78 of them are pet food (or called pet feed).

China to Strengthen Control over Imported Genetically Modified Organisms

On February 28, 2022, MoARA issued the Work Plan for Agricultural Genetically Modified Organisms (GMOs) Supervision in 2022, and announced to strengthen control over imported GMOs by a series of measure. The measures include enhancing the review on overseas exporters, local importers and processors, and strengthening the supervision on the circulation of imported GMOs to make sure all imported GMOs are used for raw material processing only.

China MoARA Issues Work Plan for Quality and Safety Supervision on Feeds in 2022

On February 28, 2022. MoARA issued the “Work Plan for Quality and Safety Supervision on Feeds in 2022”. The work plan aims to strengthen regulatory supervision on feeds by a series of measures, such as sampling inspection, product supervision, risk monitoring and on-site inspection, involving links like feed manufacture, marketing and use in China. 

For business operators engaged in feed marketing in China, their stores and products (offline and online) will be randomly selected for sampling inspections by competent authorities. The key sampling items include feed, feed additive and feed label. If found any unqualified or risky products, competent authorities will properly dispose those products and conduct the origin-tracing and investigations.

Hong Kong to Regulate Food Products Containing CBD

On February 23, 2022, Hong Kong issued a notice regarding the supervision of products containing CBD, including food, beverage, drugs and cosmetics, etc. As revealed by the notice, Hong Kong has taken active measures in testing and sampling local and imported products which claim to contain CBD, so as to find if there’s any other regulated ingredient from Cannabis like THC. Besides, Hong Kong proposed to regulate products containing CBD by legislation, and the further progress can be expected by the end of this year.

Regulation 

Taiwan Releases Five Food Testing Methods in February

In February, Taiwan FDA released three testing methods for heavy metals (arsenic, chromium, lead and mercury) in foods, such as grains, canned foods, as well as infant and young child foods. These methods have come into use since February 9, 2022. Besides, Taiwan FDA released testing methods for two food additives, namely, Guar Gum and Carob Bean Gum, which will be effective from July 1, 2022.

Taiwan Amends Three Food Testing Methods in February

In February, Taiwan FDA issued amendments to three food testing methods, namely, Test of Carbadox and its Metabolites, Method of Test for Phosphoric Acid in Beverage, and Test of Tetrodotoxin (2). These amendments have taken effect since February 15, 2022.

Taiwan Repeals Three Food Testing Methods in February

In February, Taiwan FDA announced to repeal three food testing methods, involving Test of Dodine, an Organonitrogen Pesticide, Test of Acesulfame Potassium, Saccharin, Dulcin and Cyclamate, as well as Test of Mercury, Lead and Chromium in Rice. These testing methods have been covered by Method of Test for Pesticide Residues in Foods - Multiresidue Analysis (6), Method of Test for Sweeteners in Foods - Multiple Analysis, Method of Test for Heavy Metals in Grains.

Taiwan Approves the Use of Ganoderma Microsporum Globulin-like Protein Concentrate as a Food Ingredient

On February 16, 2022, Taiwan FDA sets the use restriction and labeling requirement for Ganoderma microsporum globulin-like protein concentrate as a food ingredient produced by genetically modified Pichia pastoris Ey72. Food products containing Ganoderma microsporum globulin-like protein concentrate produced by Pichia pastoris Ey72 shall bear the following warning statement: Children under twelve years old, pregnant women, lactating women and people with allergies shall avoid consuming.

Taiwan Relaxes the Ban on Foods from Five Japanese Prefectures

Eleven years after the Fukushima nuclear accident, Taiwan intends to ease the restrictions on foods from Japan as revealed by two consultation drafts released on Feb 8, 2022. Later on February 21, 2022, Taiwan officially approved the two documents with immediate effect, namely, Types of Food and Their Production or Manufacturing Areas in Japan Whose Imports Are Suspended, Designated Foods Imported from Japan Shall Be Accompanied with Certificate of Radioactive Examination Results for Import Inspection.

Taiwan Revises Efficacy Assessment Method of Health Food for Assisting in Blood Pressure Regulation

On February 23, 2022, Taiwan FDA unveiled the revised Efficacy Assessment Method of Health Food for Assisting in Blood Pressure Regulation with immediate effect. This method is applicable to the evaluation test of the products with claim of assisting blood pressure regulation, but the applicant can carry out other more rigorous tests or detection methods that comply with scientific and ethical principles and are recognized by medical science.

Draft 

China Seeks Comments on Five New Food Additives and Two Food-related Products

On January 29, 2022, China Nutrition and Health Food Association issued a notice to open five new varieties of food additives for public comments, including three new enzyme preparations, one new processing aid, and one food additive with expanded usage. Later on February 8, 2022, China National Center for Food Safety Risk Assessment (CFSA) announced to solicit public feedback for two new varieties of food-related products, including one new variety of food contact material (FCM) resin, and one FCM resin with expanded application scope. Among them, Acesulfame potassium, a popular sweetener, is proposed to be used in biscuits with expanded usage.

China Consults on GB standard for Complementary Food Supplements

South Korea Consults on Regulation on Inspection of Imported Food

On February 14, 2022, the Ministry of Food and Drug Safety (MFDS) issued the draft of Regulation on Inspection of Imported Food. It mainly proposed to optimize the provisions about faster customs clearance, including prolonging the permission period, as well as exempting the document inspection and on-site inspection on the good importers.

South Korea to Update the Food Labeling Standard

On February 14, 2022, MFDS released the draft of Food Labeling Standard for public opinion. The "sale-by date" is proposed to be changed by "use-by date" following the last version of Act on Labeling and Advertising of Foods. To label the expiration period of food in natural state, either the packaging date or manufacturing date can be adopted. Additionally, the Recommended Dietary Allowances for Koreans (KRDA) is to be updated following the latest research data. Stakeholders can send their opinions to MFDS prior to March 16, 2022.

South Korea Consults on Standard of Establishing the Food’s Expiration Date

On February 16, 2022, MFDS disclosed the draft of the Standard of Establishing the Expiration Dates of Food, Food Additives, Livestock and Health Functional Food to solicit opinions. As the “sale-by date” is replaced by “use-by date” in the amended Act on Labeling and Advertising of Foods, the terminology of “sale-by date” is proposed to be replaced by the “use-by date” in the Standard accordingly. Suggestions can be sent to MFDS before March 16, 2022.

South Korea Implements Imported Food Act

On February 18, 2022, MFDS implemented the Imported Food Act which was revised on August 17, 2021. The Act introduces a new concept of "directly purchased overseas food products" and establishes the legal basis for disclosing the risk information of such products. It also permits remote inspection for foreign facilities under special situations such as infectious disease pandemics.

South Korea Revises Food Code: MFDS Notification No. 2022-16

On February 21, 2022, MFDS issued several amendments to Food Code. The modifications mainly include modifying cheese's definition, introducing new specifications of krill oil, and amending the test method of residual veterinary drugs.

South Korea to Amend the Health Functional Food Labeling Standard

On February 25, 2022, MFDS unveiled the exposure draft of Health Functional Food Labeling Standard. It mainly proposes the requirements of labeling the allergy statements on the information panel and labeling the probiotics count to be in Korean.

MFDS Issues the Safety Management Plan on Online Food and Drug Sales

On February 24, 2022, MFDS published a safety management plan, aiming to prevent violations in selling food and drug products online. The management measures include enhancing monitoring on online illegal behaviors, supporting the establishment of a sane online shopping environment, and optimizing the regulatory oversight on online food and drug safety.

Japan Publicly Solicits Opinions on the Evaluation of Four Substances

Japanese Food Safety Commission (JFSC) passed the food safety risk assessment of four substances and announced to solicit opinions from the public on the safety assessment results in February 2022. The details are as follows:

MHLW Approves Two Food Safety Review

On February 4, 2022, Japan Consumer Affairs Agency unveiled a notice that two nutritious foods passed the CAA review and are allowed to be labeled as food for special dietary uses. 

Japan Revised the Guidance Standards and Management Standards for Harmful Substances in Feed

On February 14, 2022, Japan issued an amendment of the Guidance Standards and Management Standards for Harmful Substances in Feed, in which the residue limits for Clothianidin  is revised, and five harmful substances’ residue limits are added.

Japan Proposes to Revise the Maximum Residue Limits for Seven Pesticides

On February 21, 2022, Japan opened an amendment to the Food and Food Additive Specification Standard for public consultation, which involves seven pesticides. They are Uniconazole P, Oxathiapiprolin, Cadusafos, Pyribencarb, Fenazaquin, Broflanilide, and Pendimethalin. Any comments can be submitted before March 22, 2022.

Japan Formulates the Standard for Textured Soy Protein Products

On February 24, 2022, Japan MAFF officially approved the Japanese Agricultural Standard for Textured Soy Protein Products. The standard came into force on February 26, 2022, soon after its approval.

Japan Formulates the Standard for Agricultural Products by Hydroponics Using Probioponics Technology

On February 24, 2022, Japan MAFF officially announced the Japanese Agricultural Standard for Agricultural products by hydroponics using PROBIOPONICS technology. This Specifications involves the scope of application, definition, basic requirements and other related content of agricultural products.

Japan Revises Maximum Residue Limits for Nine Pesticides and Veterinary Drugs

On February 25, 2022, Japan MHLW released the amendment to Food and Food Additive Specification Standard, which mainly revised the residue limits of nine pesticides and veterinary drugs. They are Albendazol,Captan, Cyazofamid, Cypermethrin, Zeranol, Pyriofenone, Fluoxastrobin, Procymidone, Mandestrobin. The amendment came into effect immediately after the promulgation. For Captan, Cyazofamid, Cypermethrin, Zeranol, Pyriofenone, Procymidone, Mandestrobin in some foods, stakeholders have a one-year transition period to make the MRLs meet the new requirements.

India Declares the Percentage Contribution to RDA for Different Age Groups

On February 3, 2022, Food Safety and Standards Authority of India (FSSAI) issued a notice regarding the declaration of percentage contribution to Recommended Dietary Allowance (RDA) for different age groups. The notice clarified that in the case of foods which are targeted to a specific age group or physiological condition, respective RDAs may be considered for declaring per serve percentage RDA.

Indonesia to Amend the Maximum Limit of Heavy Metal Contaminants in Processed Food

As revealed by the WTO notification G/SPS/N/IDN/142 on February 3, 2022, Indonesia Food and Drug Administration (BPOM) announced to solicit comments from WTO members for Draft Regulation on Heavy Metals Contaminants Requirements in Processed Food until April 4, 2022. Once the amendment passes review, the current regulation (Indonesia Food and Drug Administration No. 5 regulation on the maximum level of heavy metal contaminants in processed food in 2018) will be replaced and repealed. The amendment covers the maximum limit of 5 heavy metals in 50 food categories. A 12-month grace period will be given after the official promulgation.

Vietnam Temporarily Blocks Fruit Trucks Headed for China Border

To solve the traffic congestion caused by stricter Covid-19 prevention and control measures at the northern border gate, the Department of Industry and Trade of Vietnam’s Lạng Sơn province announced a temporarily prohibition on receiving vehicles carrying fresh fruits to China. The implementation period was from February 16 to February 25.

India Extends Validity of the NOC for the Alcoholic Beverages Bottled in Origin & in Bulk

According to a circular issued on February 18, 2022, FSSAI decided that for the imported consignments of alcoholic beverages bottled in origin & in bulk containing more than 10 percent alcohol and not having an expiry date, the No Objection Certificate (NOC) issued as per the Food Safety and Standards (Import) Regulations, 2017 shall have a validity of 300 days. For consignments lying at ports/Customs area beyond 300 days, visual inspection may be carried out to verify the NOC after paying the visual inspection fee. The notice will remain valid until further notice is available.

India Amends the Food Safety and Standards (Import) Regulations

On February 18, 2022, FSSAI issued the Food Safety and Standards (Import) First Amendment Regulations, 2022 with immediate effect to further amend the Food Safety and Standards (Import) Regulations, 2017. Food business operator shall comply with the provisions from September 1, 2022. The amendment specified that for foods, ingredients or additives imported by manufacturers or processors that are for their captive use or fully (100%) used for production of value-added products; or the consignments of articles of foods, ingredients or additives imported by firms or companies for their sister companies’ or wholly owned subsidiary companies’ use, or fully (100%) used for production of value-added products subject to a defined relationship agreement between the two entities in this behalf and accompanied with Sanitary/Health Certificate issued by the Competent Authority of an exporting country.

India Clarifies the Import Requirements for Hypoallergenic Infant Milk