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Supervision
Alert for Overseas Food Manufacturers: The Import Food Enterprises Registration Platform is Launched
To assort with the upcoming implementation of "Administrative Provisions on Registration of Overseas Manufacturers of Imported Foods (Decree Order No. 248)" on January 1, 2022, China released the Import Food Enterprises Registration Platform on November 1, 2021. Overseas manufacturers of production, processing and storage whose food products will be exported to China shall finish overseas manufacturer registration before exportation. Except for those producing the listed 18 food categories, manufacturers can now visit the platform and start to apply for manufacturer registration by themselves. Besides, on November 25, 2021, General Administration of Customs of China (GACC) launched the English site of Import Food Enterprises Registration Platform.
SAMR Adjusts the Number of Copies of Application Materials for Special Food
On November 1, 2021, in order to ease the burden for applicants, China State Administration for Market Regulation (SAMR) announced to adjust the number of copies of application materials for health food, foods for special medical purposes and infant formula milk powder.
SAMR Clarifies the Requirements for PoA of Imported Infant Formula Registration
On November 5, 2021, SAMR issued a notification to clarify the requirements for the power of attorney (PoA) required for imported infant formula registration. As revealed by the notification, when overseas applicants apply for the registration (including registration alternation and renewal) under the new GB standards, if there is no content change in the original power of attorney, they do not need to submit it again. However, the applicant shall issue a letter of commitment to declare that no change occurs in relevant content of the power of attorney.
To increase the industry's understanding of “Administrative Provisions on the Registration of Overseas Manufacturers of Imported Foods (Decree No. 248)” (a revised version of AQSIQ Order No.145-2012 released on April 13, 2021), GACC released a follow-up document on November 5, 2021, which clarifies the background and necessity of this revision and provides interpretations of each article in this "Provisions". Overseas manufacturers who grant agents to apply for the registration on their behalf shall also provide a power of attorney. The new "provision" will come into effect on January 1, 2022 without a grace period.
To help stakeholders better understand the new version of "Administrative Measures on the Safety of Import and Export Food" (Decree 249), which was issued on April 13, 2021 and will take effect on January 1, 2022, GACC released an official document on November 10, 2021. The document addresses the background and necessity of the revision and provides interpretations of each article in the "Measures".
On November 15, 2021, China National Health Commission (NHC) issued a notice regarding the management on the "Catalogue of Substances Traditionally Considered as Both Food and Chinese Medicine"(check the "Catalogue" in ChemLinked Food Database). The notice mainly includes the definition of substances traditionally considered as both food and Chinese medicine, the procedure and requirements for safety review, as well as risk monitoring and dynamic management. According to the notice, the provincial health administrative department can put forward suggestions on expanding or adjusting the "Catalogue", and provide the supporting materials and documents of the new or adjusted substances.
275 Batches of Imported Products Rejected by China Customs in October 2021
On November 22, 2021, GACC published the list of non-compliant food products in October. A total of 275 batches of imported food from 41 countries/regions were rejected. Japan, France and Taiwan, China are the top three countries/regions in numbers of rejected products. Aquatic products, grain products, as well as sugar and sugar products accounted for the majority of the rejections.
China Releases Breastfeeding Promotion and Action Plan (2021-2025)
To fulfill the requirement and goal raised in the "Outline of Healthy China 2030", "Healthy China Action (2019-2030)" and "National Nutrition Plan (2017-2030)", China NHC released "Breastfeeding Promotion and Action Plan (2021-2025)" on November 23, 2021. It aims to increase the exclusive breastfeeding rate in the first six months of infant's life to 50% in 2025, which was only 29.2% in 2018. To achieve the goal, China will strengthen the supervision on the industry of maternal and infant products. For example, to regulate the production and operation of breast milk substitutes.
Regulation
GACC Updates the Rules for Fruit Imported from Thailand
On November 3, 2021, GACC issued the "Notice Regarding Inspection and Quarantine Requirements for the Import and Export of Fruits between China and Thailand Which Transit through a Third Country". The Notice listed 16 ports for fruits shipments, adding 7 new ports to ease the traffic problems of current ports and routes. Besides, the "Notice" specifies the requirements for packaging, labeling and phytosanitary certificates. It also stipulates that fruit containers shall not be opened or changed when transporting in the third countries.
On November 2, 2021, China Ministry of Agriculture and Rural Affairs (MoARA) unveiled the updated "Catalogue of Animals, Plants and Their Products Prohibited from being Carried or Mailed into China". In the updated "Catalogue", aquatic animal product was listed as an individual category. Dried, cooked and fermented edible sauce made from aquatic animals are exempted from the Catalogue. Besides, the "Catalogue" further detailed the product categories under dairy products. Notably, the "Catalogue" also applies to products imported via cross-border e-commence (CBEC).
On November 26, 2021, China SAMR released 185 GB/T standards. Among them, several standards are applicable to food, namely, GB/T 40851-2021 Edible Blended Oil, GB/T 40962-2021 Dried Boiled Abalone, GB/T 40963-2021 Frozen Peeled Shrimp or Prawn, GB/T 20980-2021 General Quality of Biscuit, and GB/T 20981-2021 General Quality of Bread. Standards mentioned above will come into effect from June 1, 2022. Stay tuned for the specific content of these standards on ChemLinked Regulatory Database.
Taiwan Issues Two Test Methods for Food Additives
In November, Taiwan FDA issued two new test methods for food additives, namely, synthetic genistein and chromium picolinate. Both test methods came into use after the release.
Taiwan Amends Eight Test Methods for Food Additives and Mycotoxins
In November, Taiwan FDA unveiled eight amended test methods for food additives and mycotoxins, including one general test method for food additives, six test methods for carrageenan, quillaia extracts, potassium sorbate, magnesium sulfate, sodium polyphosphate, nitrous oxide, and one test method for citrinin.
Draft
CFSA Opens Two New Food Ingredients for Public Feedback, Including a Bacterial Culture for Baby Food
According to a notice released by China National Center for Food Safety Risk Assessment (CFSA) on November 1, 2021, China has just completed the consultations on using sugarcane extract and bifidobacterium longum subsp. longum BB536 as new food ingredients.
MoARA Solicits Public Comments for Administrative Measures on the Safety of Agricultural Genetically Modified Organisms
On November 15, 2021, MoARA announced to solicit public comments for the draft of "Administrative Measures on the Safety of Agricultural Genetically Modified Organisms". As revealed by the draft, institutions engaged in agricultural genetically modified organisms are encouraged to establish and share special test bases. In addition, the draft mainly revised the application requirements for genetically modified plants at each stage. Any opinions can be sent to [email protected] prior to December 12, 2021.
China to Update Administrative Measures for Internet Advertising
On November 26, 2021, SAMR unveiled the draft of "Administrative Measures for Internet Advertising", as the amendment to "The Interim Administrative Measures for Internet Advertising", to improve the regulatory supervision on Internet advertising. The draft proposed to extend its application scope to advertisements in live streaming e-commerce and CBEC platform. Any comment can be sent to [email protected] before December 25, 2021.
Taiwan to Amend Test Method for Sodium Hydroxide
On November 22, 2021, Taiwan FDA opened the draft of "Test Method for Food Additive – Sodium Hydroxide" for public feedback. The draft mainly revised the calculation formula for arsenic, mercury, and content determination. Any comment can be sent to [email protected] within 60 days after the draft released.
South Korea Updates Food Labeling Standard
On November 5, 2021, the Ministry of Food and Drug Safety (MFDS) published a revision to the "Food Labeling Standard” (Notice No. 2021-88). The standard of using the "no sugar added" claim is amended to keep aligned with the international standard. The labeling method for "non-alcoholic food" is specified to improve its readability. Coffee shops are required to label the caffeine content.
South Korea to Revise the Enforcement Decree and Enforcement Rule of Food Labeling Act
On November 5, 2020, MFDS issued the drafts of "Enforcement Decree of Food Labeling Act" and "Enforcement Rule of Food Labeling Act". As South Korea introduced the "use-by date" to reduce food waste in August, the authority soon drafted out the detailed requirements in the subordinate laws. The "Enforcement Rule" specified that milk and reconstituted milk should label the "use-by date" instead of the "sell-by date". The "Enforcement Decree" modified the penalty requirements about inappropriately labeling "use-by date".
South Korea Issues the Guideline on Food Import Declaration
On November 8, 2021, MFDS published the "Guideline on Food Import Declaration" to help enterprises better understand the import regulation, provisions, and declaration preparation of imported food. The guideline contains four chapters, including the declaration and inspection of imported food, preparation of import declaration, key points of different goods' declaration with the Customs, and FAQs.
South Korea Revises Regulation of False Labeling and Advertising Contents of Food
On November 10, 2021, MFDS unveiled the revised "Regulation of False Labeling and Advertising Contents of Food". The regulation amends the prohibited "non-sugar" labels and advertisements as per the amendments in the "Food Labeling Standard". Besides, it allows the "natural, nature (천연/자연)" claims on the food package if the "natural, nature" contents are indicated in a brand name. In addition, some inaccurate labeling and advertisement examples are modified.
South Korea to Designate Prohibited Ingredients of Online Purchased Overseas Food
On November 11, 2021, MFDS published the "Guideline on Designating and Canceling the Prohibited Ingredients of Directly Purchased Overseas Food Products". As per the guideline, MFDS will collect the food ingredient risk information and notify the prohibited ingredients after reviewing the food ingredient's risk. Overseas foods with such ingredients are forbidden from entering South Korea. Although this guideline is to guide the Customs in controlling food risk, foreign food companies are suggested to pay attention to food compliance, especially companies selling food to S. Korea via online platforms.
South Korea Updates Food Additive Code
On November 19, 2021, MFDS unveiled the latest version of "Food Additive Code" (MFDS Notice No. 2021-94). The categories of "caramel color" and "glycerin esters of fatty acids" are revised. The concoction specifications are clarified. Besides, the regulation permits six new additives for manufacturing glucose, oligosaccharide, fructose, and dextrin. Additionally, the flavoring's usage standard is established in the new version.
South Korea Revises Health Functional Food Code (MFDS Notice No. 2021-95)
On November 23, 2021, MFDS updated "Health Functional Food Code". It mainly modified the precautions of Ginseng, Red Ginseng and other five functional ingredients, enhanced the specifications of Indigestible Maltodextrin and Chlorella，and updated test methods. The new regulation will come into effect on November 24, 2022. Nevertheless, the provisions related to the test method are implemented on the issuance date.
South Korea Consults on Food Code
On November 24, 2021, MFDS published the draft of "Food Code (MFDS Notice No. 2021-563)" for public opinion. The draft proposed to delete the temporary residual standards of unregistered pesticides, including Dimethoate, Dicamba, and other 77 pesticides. The maximum residual limits of 131 pesticides are to be modified as well. Stakeholders can send suggestions to MFDS prior to December 13, 2021.
On November 24, 2021, MFDS released the latest version of "Regulation on Permitted Import Countries (Regions) and Sanitation Requirements of Livestock Products". The modifications include: classifying the meal kit containing meat under the livestock product category, allowing Latvia and Slovakia export dairy products to South Korea, and modifying the sterilized processed meat's sterilization standard.
South Korea Updates the Food Code
On November 24, 2021, MFDS revised the "Food Code" (MFDS Notice No. 2021-97). It mainly deletes the temporary residual standards of 45 pesticides that haven't been registered in South Korea. The maximum residual limits of 33 pesticides are modified as well. This regulation will be enforced on January 1, 2022.
South Korea to Revise Food Code
On November 30, MFDS released the draft of "Food Code" (MFDS Notice No. 2021-572). The draft introduced the new standards of nutritious foods for the elderly, as well as new standards for Foods with Special Medical Purpose (FSMP) for cancer patients. A distribution temperature of no more than 5 °C is required for milk and tofu products. Besides, nine raw materials are deleted from the food material inventory for safety reason. The residual contaminant limits are proposed to be updated as well. Suggestions are welcome before February 3, 2022.
Japan Rejects 80 Batches of Imported Food in November 2021
According to MHLW's notification, 80 batches of food products imported from 23 countries/regions were found non-compliant in November 2021. Most non-compliant foods are from China and South Korea. The violation of food and additives standards was the main cause.
Japan Revises the Food and Drug Ingredients Distinguishing List
On November 1, 2021, Japan announced to revise the "Directory Distinguishing Food and Drug Ingredients". According to the revision, five new ingredients have been added into the directory, and three ingredients have been revised.
Four Products Granted Labeling Approval in November
In November, Japan Consumer Affairs Agency (CAA) newly approved the labeling license for four products. Beverage containing alanine, arginine and phenylalanine, as well as chewing gum containing CPP-ACP were allowed to label as food for specified health uses. Up to November 29, 1,070 health foods have been licensed as foods for specified health uses. Besides, one prepared food and one combination food for kidney disease were allowed to be labelled as food for special dietary uses.
Japan Publicly Solicits Opinions on the Evaluation of Five Substances
On November 4, 2021, the Japanese Food Safety Commission passed the food safety risk assessment requirements of florasulam, and believed that there is no need to set an acute reference dose (ARfD). Any comments can be submitted before December 3, 2021. (Reference link)
On November 17, 2021, the Japanese Food Safety Commission passed the food safety risk assessment requirements of three additives (including dipotassium L-Tartrate, metatartaric acid and Calcium L-Tartrate), and established their maximum daily intake. Any comments can be submitted before December 16, 2021. (Reference link)
Japan MAFF Releases the Draft Standard for Textured Soy Protein Products
On November 5, 2021, the Ministry of Agriculture, Forestry and Fisheries of Japan (MAFF) released the draft of "Japanese Agricultural Standard for Textured Soy Protein Products". The supervision on "Soy meat foods" and "prepared soy meat foods" will be standardized.
Japan MAFF Releases the Draft of Agricultural Products by Hydroponics Using Probioponics Technology Draft
On November 5, 2021, MAFF released the draft of Japanese Agricultural Standard for Agricultural Products by Hydroponics Using Probioponics Technology. The agricultural products regulated by this standard are only limited to food, beverages and ornamental plants. Any comments can be submitted before December 4, 2021.
Japan Revises the Food Additives Analysis Method
On November 11, 2021, Japan announced a notice to amend the food additives analysis method. According to the notice, it is an errata to the expansion of agent analysis method.
Japan Proposes to Revise the Residue Limits of Nine Pesticides in Food
On November 12, 2021, Japan released an amendment for residue limits of nine pesticides and veterinary drugs in food for public consultation. They are albendazol, captan, cyazofamid, cypermethrin, zeranol, pyriofenone, fluoxastrobin, procymidone, mandestrobin. Any comments can be submitted before December 11, 2021.
19 Types of Food Are Exempted from Manufacturing License in Japan
On November 18, 2021, Japan MHLW released an amendment for "Ordinance for Enforcement of the Food Sanitation Act". According to the amendment, 19 types of foods are newly added as designated food, which means the manufacturers have no need to obtain a sealed packaged food manufacturing industry license.
Japan's Adjustment to Imported Poultry Meat in November
In November, affected by the bird flu, Japan re-allowed the importation of poultry meat from some areas of France. However, MAFF also announced temporary restrictions on the import of poultry meat from some areas either, Involving Denmark, UK (some areas), Hungary (some areas), Germany (some areas), America (some areas), France (some areas), and Austria.
Indonesia Regulates the Requirements for Low Acid Processed Food in Hermetic Package
On November 1, 2021, Indonesia BPOM unveiled "BPOM No. 27 of 2021 on Requirements for Low Acid Processed Food in Hermetic Package". According to the regulation, low acid processed food refers to food with a pH value greater than 4.6 and a water activity greater than 0.85. Manufacturers and importers of low acid processed food are obligated to guarantee food safety. The regulation also provides sterilization method and verification procedure.
Indonesia Updates the Labeling Requirements for Nutritional Values of Processed Food
On November 1, 2021, BPOM issued "BPOM No. 26 of 2021 Information on Nutritional Values on Processed Food Labels". The regulation mainly specifies the indication requirements for each nutritional item. For processed food which has already obtained a distribution permit, they must comply with the updated provisions within 30 months after the promulgation of this regulation.
Indonesia Consults on the Supervision of Imported Food
On November 12, 2021, to promote the international trade in the framework of Indonesia's National Single Window, BPOM opened the draft of "Supervision of the Importation of Drugs and Food into Indonesian Territory" for public feedback. As revealed by the draft, importers need to apply for SKI Post Border before importing processed foods to Indonesia.
India Clarifies the Claim Requirements for Multi Source Edible Oil
On November 17, 2021, Food Safety and Standards Authority of India (FSSAI) issued a notice to clarify the claim requirements for multi-source edible oil (MSEO) with immediate effect. According to the notice, different claim requirements are set according to different product compositions. For example, only the specified nutritional function claim for the major component of the blend should be made; if it contains 50% each, only the nutritional function claims jointly owned by the two oils can be indicated.
India Drafts Standard for Genetically Modified or Genetically Engineered Foods
On November 17, 2021, India FSSAI opened "Food Safety and Standards (Genetically Modified or Engineered Foods) Regulations, 2021" for public feedback. The draft applies to genetically modified organisms (GMO), genetically engineered organisms (GEO) and living modified organisms (LMOs) intended to be directly used as food or processing, foods containing GM ingredients, and processed foods containing LMOs or GEOS or GMOs. It specifies the corresponding manufacturing, storage, distribution, sales and import, testing, labeling, and the regulatory status of the country of origin, etc. Any comment can be submitted online before January 15, 2022.
India Amends Standard for Alcoholic Beverages
On November 25, 2021, India FSSAI opened "Food Safety and Standards (Alcoholic Beverages) Regulations, 2021" for public feedback. The amendment clarifies the definition of "non-alcoholic counterpart of alcoholic beverage". Besides, it specifies that flavored beer also shall meet all the other requirements for beer. Any comment can be submitted online prior to January 23, 2022.
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