Asia Pacific Food Regulation Dynamics | July 2021

Supervision

China GAC Launches the Declaration Commitment System for Dairy Importers   

On July 5, 2021, China GAC announced to introduce the goods declaration commitment system for dairy importers and domestic agents. As revealed by the announcement, dairy importers and domestic agents can choose whether to make a commitment in place of providing related inspection report. If applicants are found with false commitments, they are required to submit the report and bear related legal liability, or even get an administrative penalty.

China Customs to Further Strengthen Safety Supervision for Imported and Exported Food

According to "Customs Development Plan in the 14th Five-Year Plan" released by China GAC on July 7, 2021, China customs aims to further enhance the safety supervision for imported and exported food by implementing a series of measures, including the improvement on the food safety system and regulatory mechanism, the enhancement of risk monitoring and early warning, as well as the construction of international co-governance pattern.

249 Batches of Imported Products Rejected by China Customs in June 2021

On July 16, 2021, China GAC announced the list of non-compliant food products in June. A total of 249 batches of imported food from 37 countries/regions were rejected, with a significant increase compared with the past months in 2021. Japan, India and Malaysia are the top three countries in numbers of rejections/rejected products. Aquatic products, fish and meat products, as well as snacks accounted for the majority of the rejections.

Regulation

China Approves 28 New Varieties of Food Additives and Food-related Products

As revealed by a notice on July 26, 2021, 9 new enzyme preparations for food processing were approved by China NHC. Besides, 19 new food-related products were approved, including 3 food contact materials (FCM) additives, 9 FCM additives with extended application scope, and 7 resins for FCM.

China Releases New Implementing Rules on HACCP System Certification

On July 30, 2021, China CNCA released the new "Implementing Rules on HACCP System Certification", which integrates the content of "Implementing Rules on HACCP System Certification for Dairy Processing Plant (Trial)" and "Implementing Rules on HACCP System Certification for Food Processing Enterprises". The new rules came into effect after the promulgation with a transition period till Dec. 31, 2022, which means the old rules can still be applied during the period. Certification authority shall begin to exercise its power according to the new rules since Jan. 1, 2023.

Draft

SAMR to Further Standardize Infant Formula Labeling Requirements

As revealed by the notice released on July 28, 2021, China’s State Administration for Market Regulation (SAMR) has been collecting public comments on the new supervision requirements for infant formula milk powder’s product labeling. According to the draft, the forbidden scope of nutrient content claims and functional claims in infant formula labeling is to be expanded. For commodities whose product name indicates a certain animal source, its raw milk, milk powder, whey powder and other milk protein raw materials shall all come from this animal species. Any feedback shall be sent to [email protected] prior to Aug. 28, 2021.

Taiwan to Amend Standards for Specification, Scope, Application and Limitation of Food Additives

On July 8, 2021, Taiwan FDA released an amendment to the Annexed Table 1 in "Standards for Specification, Scope, Application and Limitation of Food Additives". Since "Sanitation Standard for Milk and Milk Products" has been repealed on July 1, 2021, the use specifications of food additives in dairy products are incorporated into the amendment, and the content of the use specifications in "Standards for Specification, Scope, Application and Limitation of Food Additives" remain unchanged.

South Korea Publishes Imported Food HACCP Operation Regulation

On July 1, 2021, the Ministry of Food and Drug Safety (MFDS) revealed a subordinate regulation "HACCP Operation Regulation for Imported Food". It details the accreditation requirements, procedure, and investigation.

South Korea Amends the Food Additive Code

On July 1, 2021, MFDS issued the latest version of the "Food Additive Code". The regulation introduces a new category of flavoring substances, adds 60 new flavoring substances, modifies the usage standards, organizes the raw material specifications, and optimizes test methods. MFDS also released an inventory of the permitted food additives for enterprises' reference. (Read more and download the inventory at ChemLinked)

South Korea Releases New Packaging Material Requirements

On July 9, 2021, the Ministry of Environment (MOE) issued the "Guideline on Recycling Symbols and Standards of Labeling Quality", which will take effect on January 1, 2022. The "unable to recycle" label is newly added in the guideline. Text attached to the recycling symbol which indicates the packaging material are revised.

South Korea Promulgates the Regulation on Imported Food Inspection

On July 15, 2021, MFDS released the "Regulation on Imported Food Inspection" to enhance the safety control of imported food. The regulation intensifies the pesticide residue inspection, modifies the safe imported food list, and optimizes the pre-inspection requirements for agricultural products shipped by bulk carriers. ChemLinked compiles the pesticide inspection item list for enterprises' reference. (Read more and download the pesticide inspection item list at ChemLinked)

South Korea to Replace the Sell-by Date with Use-by Date

On July 24, 2021, MFDS announced that the Assembly Plenary Session passed the draft of "Act on Food Labeling and Advertising". As lots of food are still safe to eat after the sell-by date, the draft proposed to replace "sell-by date" with "use-by date" in an effort to reduce food waste. The provisions will be effective on January 1, 2023, if the officially revised version is promulgated.

South Korea Consults on the Food Additive Code

On July 29, 2021, MFDS issued the draft of "Food Additive Code". To keep aligned with the international categorization method, the authority planned to subdivide the Caramel Color category into Caramel Colors (4 kinds) and Glycerin Esters of Fatty Acids (8 kinds). In addition, a new category of "concoction" is newly proposed. The sulfite is also permitted to be used as the raw material for manufacturing glucose. Suggestions can be sent to MFDS prior to September 27, 2021.

South Korea Releases the FAQs about Foreign Food Facility Registration

On July 29, 2021, MFDS issued the "Guideline of Foreign Food Facility Registration", in which the frequently asked questions about foreign food facility are listed. ChemLinked compiled them into English for enterprises' reference. Check out the answers to questions about the qualified registrant, OEM registration issues, and health functional food registration issues, etc. at ChemLinked.

South Korea Revises Health Functional Food Code

On July 29, 2021, MFDS promulgated the latest version of "Health Functional Food Code". The regulation updates the dietary reference intake standard, and modifies Vitamin A's conversion factor and daily intake amount. The specifications of oil containing EPA and DHA are clarified as well. The provisions concerning oil containing EPA and DHA is implemented along with the regulation's promulgation on July 29, 2021. Other amendments will come into effect on January 1, 2024.

South Korea Issues Special Act on Safety Management of Children's Dietary Lifestyle

On July 27, 2021, MFDS published the "Special Act on Safety Management of Children's Dietary Lifestyle". The regulation specifies that the validity period of children's favorite foods’ quality certification can be prolonged to three years after the validity expires.

South Korea Issues Products Risk Assessment Act

On July 27, 2021, MFDS rolled out a new act named Act of Risk Assessment of Products for Human Body. This act is to comprehensively manage the risks of the products directly applied to the human body.

The competent authority introduced that in the past, they individually conducted the risk assessment on food, cosmetics, drugs, and sanitation supplies, etc., which resulted in potential danger of consumer exposure to health risk when using multiple products at once. Therefore, MFDS established a new risk assessment mechanism to control the safety of FMCG.

Japan Consults on the Ordinance for Enforcement of the Food Sanitation Act

On July 1, 2021, Japan opened the amendment of the "Ordiance for Enforcement of the Food Sanitation Act" for public consultation. According to the amendment, apart from the original vinegar and honey, MHLW intends to add another 22 foods that are not covered by the sealed packaged food manufacturing industry into the Ordinance.

Eight Products Granted Label Approval in July

In July, Japan Consumer Affairs Agency (CAA) newly approved the labeling license for eight products, including four foods for special dietary uses, three foods for special dietary uses, and one food for specified health uses. Up to now, 1,075 health foods have been licensed as foods for specified health uses.

Japan may Remove the Age Restriction of Imported Beef from Denmark 

In principle, Japan prohibits the import of beef and offal from countries where BSE has occurred. However, it is possible to import beef meeting specific import conditions from the United States, Canada, France, the Netherlands, Ireland, Poland, Brazil, Norway, Denmark, Sweden, Italy, Switzerland, Lichtenstein, Austria, the United Kingdom and Spain. 

On July 16, 2021, Japan proposed to change the conditions for beef imported from Denmark. The age limit of "under 30 months" will be repealed. But the age limit remains in the specified risk material (SRM). Any comments can be sent before Aug. 14, 2021.

Japan Revises Regulations Related to Dairy Food Contact Materials

On July 30, 2021, Japan officially unveiled to remove the provision "Prohibition of the use of additives in the synthetic resin materials directly in contact with dairy food" from standards for containers and packaging of dairy products.

Since last June, Japan has implemented the positive list system for food contact materials, which means only substances assessed as safe can be used in food contact materials. MHLW believes that even if the prohibition on the use of additives is deleted, food safety can still be guaranteed through the FCM positive list system.

Japan Revises the Standard of Deoxynivalenol in Wheat

On July 30, 2021, Japan MHLW released an amendment of the "Specifications and Standards for Foods and Food Additives". According to the amendment, a new specification for cereals and beans was set to restrict the deoxynivalenol in wheat with a maximum allowable concentration of 1.0mg/kg.

Thailand to Strengthen Control over the Import of Salt

On July 6, 2021, Thailand Ministry of Commerce announced to adjust the regulations over the imported salt. It is stipulated that as salt is a product requiring certification documents, the import of salt must comply with the national import rules and regulations 2021. Before import, the exporter must register as a salt importer with Department of internal trade (DIT), and must have the certificate of origin at the time of import, or issue the certificate provided by the government of the exporting country to Thailand customs. Besides, the purpose of importing, holding and using salt shall be reported to DIT every month after import. The new regulations will come into force on Sep. 4, 2021.

India Corrects the Minimum Acidity for Lemon in Fruit Juices

The minimum acidity for lemon in fruit juices was stipulated as 5.0 % in the provision 2.3.6(4) of "Food Products and Food Additives Regulations 2011". However, the acidity value was 3.5% in provision 2.3.6 of "Food Category". To address the contradiction, on July 8, 2021, India FSSAI announced to revise the value in 2.3.6(4) from 5.0% to 3.5% for unification.

India Suspends the Applications Related to GM Foods

Despite the absence of regulations related to GM and GM derived materials, India FSSAI has received GM food applications for approval under the Non-Specified Food (NSF) regulations. However, on July 27, 2021, FSSAI announced to suspend the acceptance of such applications, and regulations/guidelines for the safety assessment of such foods are in the process of drafting. Applicants shall approach the competent authority for approval once GM regulations/guidelines is notified in accordance with NSF regulations.

India Re-operationalizes the Draft of "Food Safety and Standards Amendment Regulations 2020"

On July 27, 2021, for the alignment of FSSAI requirements with respect to animal feed with those specified in other regulations, and to address the safety issue identified in the quality and safety survey of commodities like milk, FSSAI decided to re-operationalize the draft of "Food Safety and Standard (Food Products Standards and Food Additives) Amendment Regulation 2020", which features more stringent regulation on the use of animal feed, eg. milk and meat producing animals except poultry, pig and fish, shall not be fed with feed containing meat or bone meal including internal organs, blood meal and tissues of bovine or porcine origin materials except milk and milk products.

Thailand Consults on the Draft of Chocolate and Chocolate Products

On July 28, 2021, Thailand FDA issued the draft of "Chocolate and Chocolate Product", which includes the definition of chocolate and its products, specific quality standards, permitted ingredients, regulations on the use of food additives and processing aids, requirements of packaging, storage and labeling, as well as sales regulation of manufacturers or importers. The draft is applicable to both domestically produced and imported food. Any feedback shall be sent before Sep. 15, 2021.