China Unveils the Draft of Food Labeling Supervision Administrative Measures

On June 28, 2024, State Administration for Market Supervision (SAMR) released the consultation draft of Administrative Measures for Supervision of Food Labeling. The draft is designed to regulate the labeling practices of food manufacturers and operators, and ensure the clarity of food labels for consumers. SAMR intends to provide a two-year transition period. Any feedback can be submitted to [email protected] before July 27, 2024.

Now the Measures and GB 7718 General Standard for the Labeling of Prepackaged Foods are concurrently open to the public for comments. They will work in coordination to effectively manage food labeling. For the interpretation of the draft of GB 7718, please refer to the following article:

• China Consults on GB 7718 General Standard for the Labeling of Prepackaged Foods, Along With Other 13 GB Food Standards

Key updates of the Measures

Requirements for production date and expiry date are strengthened.

The draft requires that the production date and expiry date must be prominently marked on the main display panel of the smallest sales unit of prepackaged foods in the format of year, month, and day. In terms of the location, if the smallest sales package has multiple layers, the information should be marked on the outermost packaging. In terms of the color, the information must be clearly marked in a designated area in black text on a white background or with a similar contrasting color scheme. In terms of the font size, for prepackaged foods with a maximum surface area greater than 20 cm², the height of the text and numbers should be no less than 3 mm; for other prepackaged foods, the height of the text and numbers should be no less than 2 mm.

Clear formatting rules for food labels are set.

The text, symbols, numbers, and pattern colors on the labels of prepackaged food should be in stark contrast with the background color to ensure clear reading. The font size of the labeling content should be not less than 1.8 mm in height, and the ratio of the height to the width of the text should not be more than 3. When the maximum surface area of prepackaged food's packaging exceeds 150 cm², the height of the text and numbers should not be less than 2 mm. When the maximum surface area of the packaging or container exceeds 400 cm², the height of the text and numbers outside the nutrition information should not be less than 2.5 mm.

Labeling requirements are clarified for the sale of bulk foods, edible agricultural products, and foods sold via the internet.

For bulk foods, the container or outer packaging must indicate the food name, production date or batch number, shelf life, and the name, address, contact information of the producer or operator.

For edible agricultural products, the labels must comply with the requirements specified in the Measures for the Supervision and Administration over Marketing and Quality Safety of Edible Agricultural Products.

For prepackaged foods sold via the internet, the displayed information must include the food name, net content, ingredient list, shelf life, product standard code, storage conditions, and the name and address of the producer.

Food name should indicate the true nature of the food's properties.

For food made from two or more main ingredients that combine to a uniform and indistinguishable appearance, the name of the food must not reflect only one of the ingredients.

For food made from plant-based ingredients that simulate animal-based food, the name should be prefixed with terms such as "Imitation," "Vegan," or "Plant-based", and must indicate the true nature of the food's properties.

For food that contains only food flavorings to mimic the flavor of a specific ingredient, the name of the food must not mislead consumers into an impression that the actual ingredient is used.

Restrictions are set for food products intended for children.

The draft stipulates that the labeling content on prepackaged food products must not contain words or images to explicitly, implicitly, or emphatically suggest that the product is suitable for minors, unless otherwise specified in existing laws, regulations, rules, national food safety standards, or industry standards.

Labels are prohibited to describe food products in a deceptive, false, exaggerated, or misleading manner.

The draft stipulates that food labels must not explicitly or implicitly suggest disease prevention or treatment functions. Products other than health foods must not explicitly or implicitly indicate health benefits or efficacy. Labels must not describe or introduce food products in a deceptive, false, exaggerated, or misleading manner. Additionally, labels must not claim that the product is "specially supplied" or "exclusively supplied" to government or military organizations. Descriptions that endorse feudal superstitions, contradict scientific knowledge, or violate public order and good customs are also prohibited.

Requirements are specified for infant formula, health food, and food for special medical purposes (FSMP).

In a separate chapter, the draft sets forth specific labeling requirements for infant formula, health food and FSMP. Labels and instructions for these special foods must comply with relevant laws, regulations, rules, national food safety standards, as well as product registration and filing requirements. Any content that involves registration certificates or filing documents must be consistent with the labels and instructions for special foods as published by food safety supervision departments at the provincial level or above.

Different penalties are introduced for food label violations.

Based on the severity of the violations, different penalties for food label violations will be applied. These range from orders to rectify, fines (between 5,000 to 30,000 RMB, between 10,000 to 50,000 RMB, or 5 to 10 times the value of the goods), orders to cease production and business operations, to the revocation of licenses.