Takehome:
- The investigation rules for illegal activities associated with sale of foods online have been released to regulate online food trading activities, putting emphasis on the responsibilities of third party trading platform providers.
On Jul. 14, 2016, China Food and Drug Administration (CFDA) released “Measures for Illegal Activity Investigation for Online Food Safety”, which will be formally implemented from Oct. 1, 2016.
Competent authority:
CFDA will be in charge of the investigations. The new regulation puts emphasis on the responsibilities of third party trading platform providers, who will shoulder joint liabilities for the losses of consumers together with the online traders.
Obligations of third party trading platform providers:
Online food trading platform should apply for filing with provincial food and drug administration department, and obtain a filing number.
Third party trading platform providers should:
- Establish relevant systems including online food manufacturer and trader examination registration system, food safety self-inspection system, food safety complaint system, etc.;
- Check the production licenses and business licenses of food and food additive manufacturers and traders;
- Set up food manufacturer and trader archives that record their basic condition and food management personnel information.
Online food traders should obtain relevant production license and business license, and display them on a conspicuous area of their website homepage.
Special food management:
Health food, foods for special medical purpose, and infant formula sold through online platform should be provided with product registration certificate or filing certificate on the website, as well as advertisement examination approval number (if any). Nutritionally complete foods with a specific formulation (one category of FSMPs) should not be traded online.
Infant formula sold online should not indicate the functions of intelligence development, immunity improvement, intestine protection or any equivalent claim. Any food not classified as health food should not indicate any health functions explicitly or implicitly.
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