China Food Safety Law Revision: New Changes Proposed

1. The formulations of infant formula products are proposed to be registered with the government under the new Food Safety Law. 2. Sub-packaging of infant formula is banned in China while outsourcing and rebranding are proposed to be allowed again. 3. Formula foods for special medical purposes are suggested to be registered with CFDA. 4. The health food ingredient list is expected to be more specific to contain related efficacy information.

Based on the second draft of the Food Safety Law (see CL food news on 24 Dec 2014), representatives from the Law Committee proposed during the 12th session of the NPC Standing Committee on 20 Apr 2015 new amendments regarding the following four aspects to be included in the third revised version:

Infant formula

The formulations of infant formula products are proposed to be registered due to issues surrounding the excessive number of formulations used by domestic enterprise. At present the number of formulations is estimated to be around 1900. Most domestic infant formula enterprise has over 20 different formulas on average, much higher than overseas counterparts which normally have only 2-3 brands. The change is raised with the goal of forcing domestic infant formula to standardize their brand portfolios presumably to make regulation and supervision more efficient.

According to CFDA Announcement 43-2013 (see CL food news on 5 Dec 2013), China bans the domestic production of infant formula through outsourcing, rebranding and sub-packaging. However, during the 12th session it was proposed that the ban on sub-packaging should be upheld while the other two options could be reinstated as sub-packaging factories which buy milk powder in bulk and repackaged them into cans normally are not equipped with full production lines.

Formula foods for special medical purposes

This type of foods are those formulas made for groups who have problems of limited food intake, digestion and absorption disorders and metabolic disorders or are in special medical conditions to meet their special need for nutrients or diet. The definition is outlined in the corresponding product standard GB 29922-2013. This kind of food is also proposed to be registered with CFDA under the new Food Safety Law.

Health food

The third revised draft may require the release of a more specific list of health food ingredients to include the efficacy information in addition to ingredient names and allowable doses. The labels and instructions of health food should clearly indicate the product cannot replace medicine. Moreover, the food and drug administrations are required to keep the business information of health food applicants obtained during product registration or record-filing confidential.

Pesticide

Under the new amendments the use of all highly toxic pesticides are banned for vegetables, fruit and tea along with plants used in traditional Chinese herbal medicines.