[Updated] China Cracks Down on the Production, Sales and Importation of Foods Added with Gold or Silver

Adding gold foil or gold powder into food is illegal in China since such substances are not permitted food ingredients. Imported foods added with gold or silver shall be taken off the shelves immediately.

Updates:

[Updates on July 12, 2022]

On July 12, 2022, SAMR, together with MoARA, NHC and GACC, released "Provisions on Investigating and Punishing the Illegal Acts of Manufacturing Foods Containing Gold/Silver Powder or Foil" , which comes into effect on the same day.

[Updated on April 18, 2022]

SAMR, together with MoARA, NHC and GACC, is now consulting 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.

On Jan. 29, 2022, State Administration for Market Regulation (SAMR) together with National Health Commission (NHC) and General Administration of Customs of China (GACC) jointly released a notification¹ to crack down on the production, sales and importation of foods added with gold or silver, both in the forms of foil or powder.

Major Measures

As revealed by the notification, substances like gold (silver) foil/powder are not permitted food additives in China². Therefore, such substances shall not be used in food production.

After the release of this notification, local SAMR authorities will urge business operators and food manufacturers to stop the purchase, sales and production of foods added with gold or silver. Local Customs will urge importers in China to stop the importation and sales of such foods. E-commerce platforms shall also implement their responsibility, strengthen the supervision over the sellers and forbid the sellers from selling such foods. Furthermore, relevant advertising will also be a target of the rectification.

Compliance History in China and Future Prediction

Substances like gold foil are popular in Japan and Southeast Asia³ as a luxury additive used in a wide range of food products, such as wine, candies and cakes. It also has a long history of application in the European food industry. However, it is not regarded as a permitted food ingredient in China.

In 2001, the former Ministry of Health (now NHC) replied to the local Health Commission in Jiangsu Province regarding the use of gold foil in alcoholic drinks.⁴ It is clarified that “… gold foil is neither permitted food raw material nor food additive. It is forbidden to add gold foil in foods.” In 2015, the former National Health and Family Planning Commission of the People's Republic of China (NHFPC) (now NHC) solicited public opinions on the use of gold foil in Baijiu (Chinese spirit). However, this consultation draft was not approved. Most industry experts believe that although a small amount of gold foil will not bring harm to human bodies, it will not bring any benefit either. Thus, it is not necessary to add such substances into foods.

Nevertheless, there were still many foods added with gold foil circulating on the market in the past years. ChemLinked believes that the release of this notification will greatly regulate the market. As for the future, it is not very likely that China will approve gold foil as a food additive. ChemLinked assumes that the maintenance of good social atmosphere (cracking down extravagance, the worship of money, etc.) is also a major consideration in this case.