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China Food Safety Law Draft Implementation Rules

The draft regulation explicitly states that all infant formula (imported and domestic) should be registered with CFDA. All manufacturers will be limited to 3 brands and a total of 9 formulations.

It’s been over two months since China’s Food Safety Law came into force on 1 Oct 2015. On 9 Dec, China CFDA issued the long awaited draft of its Implementation Rules for public consultation, which will end on 8 Jan 2016. As a supplementary regulation of the FSL the implementation rules are drafted based on the principle of “establishing a scientific and stringent food supervisory system”. The upcoming implementation rules further specifies FSL requirements for:

  • Improving the food safety risk monitoring, communication and reporting system among national and local food safety watchdogs;

  • Improving China’s National Food Safety Standards system;

  • Reinforcing the responsibilities of food producers and traders starting from licensing of production and operation, requirements for production and operation in addition to food traceability;

  • Improving the national food safety administration by newly establishing a food safety inspector system. Food and drug administration departments at provincial level should form a special food safety inspecting team to conduct on-site inspection on the GMP, HACCP and other production conditions of food companies;

  • Refining FSL legal stipulations  

Special Food

In addition, the draft of the Implementation Rules stipulates very significant requirements for companies dealing with special foods, namely health food, foods for special medical purposes and infant formula.  

1. Registration: China will require both domestic and imported special foods to be registered with CFDA.

2. One formula for one brand only: one manufacturer of special foods will not be allowed to use one formula to produce multiple brands.

More stringent requirements will be introduced for infant formula companies in an effort to improve the safety and quality of IF products. Domestic IF manufacturers will no longer be permitted to market brands in China produced by a subsidiary registered a company and an IF brand overseas. 

CBEC Foods

According to the draft, cross-border e-commerce foods should also comply with the Food Safety Law and other import regulations. If it’s implemented, CBEC foods would no longer enjoy preferential policies but be subject to the same rules for traditional imported foods. 

Food Labeling

The Implementation Rules also states that all pre-packaged foods imported should have Chinese labels, which must be printed on the labeling already prior to import. It's a much stricter requirement for food labels compared with the current labelling poliy. 

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