China's New Administrative Measures for Inspection and Supervision on Labeling of Import and Export Prepackaged Food

On December 12, 2017, China AQSIQ announced adjustment of Provisions on Inspection, Supervision and Administration on Labeling of Import and Export Prepackaged Food (2012). A newly developed Administrative Measures for Inspection and Supervision on Labeling of Import and Export Prepackaged Food (Revision) was released at the same time. The new measures apply to both import and export foods. Added requirements regarding labeling of imported prepackaged foods are briefly outlined below.

1. The responsibility is placed on enterprises. Overseas exporters and manufacturers must be accountable for contents in labels and importers are supposed to check the Chinese labels for compliance with China’s regulations and national food safety standards.

2. Importers or their agents must submit a business commitment. This is essentially a pledge made by the enterprise that Chinese labels are attached to imported prepackaged foods as required by relevant regulations and standards in China, and that products which fall below national standards will be recalled.

3. A spot check model is to be adopted by inspection and supervision administrators. Unchecked imported foods may be examined with reference to the letter of commitment supplied by the importers or agents.

4. For import foods that have passed customs inspection, the spot check will be performed retrospectively on the submitted labels and related documents.

5. The inspection and quarantine administrations will impose incrementally stricter measures (in proportion to seriousness of compliance or safety violation) to supervise importers whose products have failed to meet labeling standards. On conditions that no more substandard labels are found for importers under strict supervision within 12 months or in 60 successive batches, normal supervision can be resumed.

The new Measures aim to standardize and better enforce labelling requirements on import and export prepackaged foods, facilitate more effective regulation and successful custom clearance. It will come into force on October 1st, 2018.