China Food Safety: Beingmate and Nestle Facing Severe Punishment for Trading Illegal Infant Formula

Recently, a woman in Sichuan Province bought two different types of infant formula in the supermarket. However, she found that the products she bought did not conform to the requirements of relevant food safety standards. The woman then reported it to local food and drug administrative authorities where she was rewarded with five times the value of goods, i.e. RMB 100,000 according to the new Food Safety Law. The two brands involved include Beingmate and Nestle, both of which were fined due to improper labeling.

The newly released Food Safety Law imposes severe punitive measures on food manufacturers and distributors involved in trading illegal goods. Distributors of food and food-related products incompliant with relevant food safety standards or using improper labeling, using food additives out of range and out of limit, etc. will be subject to severe rectification measures.

Illegal acts	Punitive measures
Food and food additives are produced and traded without the permission of relevant authorities.	1. Confiscating illegal gains, relevant products and the tools, equipment and raw materials for manufacturing 2. 10 to 20 times of the value of goods will be punished for the goods valued above RMB 10,000.
Non-food raw materials are used for food production, chemical substances or other hazardous substances other than food additives are added in foods, or recycled foods are used as raw materials for food production.	1. Confiscating illegal gains, relevant products and the tools, equipment and raw materials for the manufacturing 2. 15 to 30 times of the value of goods will be punished for the goods value above RMB 10,000. 3. 5-15 days’ detention of the persons-in-charge under severe circumstances
Foods especially for infants and young children as well as other specific groups of people are produced, whose nutritional ingredients are incompliant with relevant food safety standards.
Meat products unqualified for quarantine inspection are produced and traded.
Drugs are added in foods.
Food products whose pathogenic microorganism, pesticide residue, heavy metals, etc. out of limits are produced and traded.	1. Confiscating illegal gains, relevant products and the tools, equipment and raw materials for the manufacturing 2. 10 to 20 times of the value of goods will be punished for the goods value above RMB 10,000. 3. Relevant licenses will be cancelled under severe circumstances.
Foods especially for infants and young children as well as other specific groups of people are traded, whose nutritional ingredients are incompliant with relevant food safety standards.
Food raw materials and food additives beyond the shelf life are used for food production.
Health foods are produced or traded without registration or filing as required, or health foods are not produced according to the product formula and production process as registered or filed.
Infant formulas are produced by OEM or repacking, or infant formulas are produced by one same manufacturer with the same product formula but for different brands.
New food raw materials or new varieties of food additives are used for food production without safety assessment.
Food additives are used out of range and out of limit or incompliant with relevant food safety standards.
Foods contaminated by packaging materials, containers and transportation facilities are traded.	1. Confiscating illegal gains, relevant products and the tools, equipment and raw materials for the manufacturing 2. 5 to 10 times of the value of goods will be punished for the goods value above RMB 10,000. 3. Suspension of production or business will be required, or relevant licenses will be cancelled under severe circumstances.
Prepackaged foods and food additives are produced and traded without labels, or the labels and users’ directions are not compliant with relevant regulations.
GMO foods are produced and traded without being labeled as required.
The manufacturers of infant formula, health food as well as other varieties of foods for specific groups of people have not established production quality management system and well maintained its effective operation, or do not submit self-examination report in regular.
Foods, food additives and food-related products are imported incompliant with Chinese national food safety standards, or qualification certificates are not attached as required.	1. Confiscating illegal gains, relevant products and the tools, equipment and raw materials for the manufacturing 2. 10 to 20 times of the value of goods will be punished for the goods value above RMB 10,000. 3. Relevant licenses will be cancelled under severe circumstances.
Food products are imported without relevant national food safety standards, or new varieties of food additives and food-related products are imported for the first time without safety assessment.
Importers refuse to recall the products after being ordered by relevant competent authorities according to relevant regulations.
Importers have not established and complied with importation and sales recording system for food and food additives, and overseas exporter or manufacturer auditing system.	1. Punishment of warning will be given. RMB 2,000 to 20,000 fines will be imposed if no corrective measures are taken. 2. Suspension of production or business will be required, or relevant licenses will be cancelled under severe circumstances.