On 22 Dec 2014, the second draft of the revised Food Safety Law was submitted for a new round of review during the regular meeting of NPC Standing Committee. Several changes have been made based on public opinions received after the release of the first draft (see ChemLinked news) and taking into account recent developments in China’s food industry.
Food Storage and Delivery
Considering the increasingly popularity of e-commerce, the second draft has added new provisions to ensure that food product couriers are fully regulated by law. Any party except food producers and food marketers who are engaged in food storage, delivery and handling are required to ensure the safety of the facilities used during operations so as to avoid food contamination. Any special food storage requirements e.g temperature, humidity etc. must be adequately provided for to ensure the safety of stored foods. It is also forbidden to deliver foodstuffs in consignments that also contain poisonous or hazardous items.
Edible Agricultural Products
For edible agricultural products greater emphasis has been placed on source control. The second draft explicitly states that the standards, safety information publication and market circulation of edible agricultural products shall comply with Food Safety Law.
Labeling of Genetic Food
It is expressly stipulated in the second draft of Food Safety Law that genetic foods should be appropriately labeled.
Health Food
In the first draft released in May, it was stipulated that for the first time imported health food with safety and functional characteristics which can be evaluated under and comply with Chinese national standards and regulations will only require filing. In the second draft the scope of such health foods has been narrowed down to only cover nutrient supplements such as vitamins and minerals.
Media Obligations
The stipulation that required that all food safety information should be verified with FDAs before being published by media is deleted in the second draft. However, media will now be punished if found guilty of fabricating or spreading false food safety information.
Legal Obligations
Penalties will be increased in circumstances where drugs and nonfood raw materials are found to be used in foodstuffs.
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