Updated:
On October 8, 2022, SAMR unveiled the official version of Interim Measures on the Quality and Safety Supervision and Administration of Food Related Product (hereafter as Interim Measures), which will come into force on March 1, 2023.
The Interim Measures applies to the production, sales and supervision of food-related products in the territory of China. The major and core provisions in the official version keeps consistent with the draft version. One of the highlights is that the Interim Measures clearly specified that the responsibility of related manufacturers, sellers and regulators.
The Interim Measures provides strong support for strengthening the quality and safety of food-related products, and is of great significance for implementing the main responsibility of food safety.
On July 30, 2020, SAMR released “Measures on the Quality and Safety Supervision and Administration of Food Related Product (draft) [1]” for public feedback, the formulation of which was early raised in SAMR’s legislation program 2020 [2].
The release of this draft mainly fills the gap of regulatory supervision about food-related products in China and nails down the obligations of each party, including manufacturers, sellers, and the competent authority. Opinions shall be sent to zhangliang@samr.gov.cn prior to August 31, 2020.
Framework
This draft totals five chapters and 63 articles and is applicable to the supervision of FCM products (containers, packing material), detergents, disinfectants and equipment for food production and operation.
No. | Chapters | Main content |
1 | General Rules | Law basis, application scope, supervision principle, responsibility assignment, primary responsibilities |
2 | Production and sales | Forbidden items, responsible person, qualified commitment, self-inspection system, management of raw material and auxiliary material, FCM labeling, product recall system, traceability system, etc. |
3 | Supervision and management | Production license, FCM product classification and management, major supervision targets, rules and responsibilities related to FCM product sampling and inspection, risk monitoring, etc. |
4 | Legal obligations | Punishment and penalties |
5 | Supplementary provisions | Implementation date, etc. |
Main Content
Prohibited items
Article 7 prohibits the production and sales of the following food-related products:
Food-related products which use following substances as raw material and additive: illegal/non-compliant raw material and additive, using additives exceeding the maximum limit, using additives outside the application scope and other raw material that may pose a hazard to human health;
Food-related products with pollutants (pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals, etc.) and other substances harmful to human health that are exceeding the limit specified in food safety standards;
Food-related products that have been explicitly eliminated by the government and products that are expired or deteriorated;
Food-related products that counterfeit the place of origin, or counterfeit/illegally use the name, address, or quality mark of others;
Other food-related products that do not comply with laws, regulations, food safety standards and other mandatory standards.
Obligations of manufacturers and sellers
Manufacturers shall establish an overall food-related product safety management system, including the management and control of raw material, production process, storage, ex-factory inspection, transportation, delivery, etc. Manufacturers shall also ensure the process control and the final product comply with technical norms, national food safety standards and other mandatory standards.
Sellers shall establish the income quality control and inspection system, examine the product certificate and ensure the product quality and safety.
Product labeling
Labels shall be displayed on the minimal packaging unit for sale and shall be clear, truthful and not misleading. Following items shall be labeled:
Product name;
Name, address and contact info of the manufacturer and/or distributor;
Production date and shelf life (when applicable);
Material;
Precautions or warning information;
Other necessary matters specified in laws, regulations or food safety standards.
The labeling requirements for detergents and disinfectants shall be implemented in accordance with relevant national food safety standards.
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