In recent years China has invested considerable time, effort and finances to improve its food regulatory system particularly the labeling requirements of imported foods. As a basic requirement prepackaged foods and food additives exported to China must bear Chinese labels and will be rejected or destroyed directly at port if labeling standards are not followed exactly. However, foods imported through cross-border e-commerce are an exception.
Labeling requirements of foods imported through traditional channels
Article 97 of the new Food Safety Law (implemented from Oct. 1, 2015) stipulates that imported pre-packaged foods and food additive shall have Chinese labels. If instruction is required by laws or regulations, the instruction in Chinese shall be provided. The instructions shall indicate county of origin, Chinese domestic agent's name, and contact information. Pre-packaged food without Chinese labels or instructions, or their labels or instructions that do not comply with the Law shall not be imported.
Last year China implemented a series of extremely stringent product specific labeling regulations and other regulatory requirements for imported infant formula. Starting from 1 April 2014 according to AQSIQ Announcement No. 133-2013, baby formula exported to China must have the Chinese labels printed on the cans, boxes, or minimum retail packaging before entry into China. Unqualified labels and packaging of baby formula cannot be modified after their arrival at the port. Local CIQs will directly reject or destroy baby formula found without Chinese labels on the minimum sales packaging or bearing Chinese labels incompliant with relevant Chinese regulations and national standards.
From 1 May 2014, infant formulas from unregistered overseas manufacturers are not permitted to enter China. Filing management systems for infant formula manufacturers and traders are implemented to ensure compliance with this regulation and facilitate supervision by AQSIQ and CFDA. For infant formula imported for the first time, enterprises should submit an independent full testing report. Infant formula with a shelf life of less than three months or infant formula in non-standard sales packages are not allowed to be imported.
China Crossborder e-Commerce: Are Chinese labels required?
Enterprises trading via crossborder e-commerce platforms import overseas products by frequent small volumes and only need to pay personal postage articles tax. In addition, overseas enterprises are only permitted to authorize a 3rd party Chinese domestic agency to change the outer package of products meaning that almost no e-commerce enterprise has the right to change the outer package.
Recently, a series of supportive measures have been enacted by AQSIQ to advance the development of cross border e-commerce. Firstly, a negative list of all varieties of animal and plant derived foods that are prohibited for trade via crossborder e-commerce has been established. Secondly, all products sold through crossborder e-commerce must be declared for approval by inspection and quarantine department.
In addition, an e-commerce quality traceability system based on organization code and bar code is currently being developed. Commodities sold through crossborder e-commerce will be made traceable by adding anti-counterfeit codes, two-dimension codes or bar codes. Anti-counterfeit code has become a powerful weapon for cross-border e-commerce. Currently, most of the imported food products sold in well-known e-commerce platforms do not have Chinese labels, including Tmall International, JD, Amazon, etc.. This practice is not considered illegal if there is an anti-counterfeit code labeled on the product.
As a pilot city for cross-border e-commerce, Hangzhou enacted “Guidance on Inspection and Quarantine Requirements of Cross-Border E-commerce” last year, which stipulates that except the foods (including dairy products, meat and aquatic products) that should be from registered manufacturers audited and approved by CNCA, e-commerce enterprises trading in other food categories are minimally required to submit a third party testing report compliant with the standards of the exporting country or China, sale certificate of the exporting country, and ingredients list.
The basic compliance requirements for products sold via crossborder e-commerce include product name, brand, formulation or ingredients list, net weight, specifications, GMO foods, country (district) of origin, country of relevant applicable standards, storage condition, how to use, product quality and customer care phone number, etc. as well as the suitable consumption demographic if required.
We provide full-scale global food market entry services (including product registration, ingredient review, regulatory consultation, customized training, market research, branding strategy). Please contact us to discuss how we can help you by 
