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NHFPC Updates Measures on New Food Raw Materials

On 12 of July 2013, the National Health and Family Planning Commission (NHFPC), previously the Ministry of Health, issued the Measures on the Administration of Safety Examination of New Food Raw Materials (NHPFC Order 1 of 2013), which replaces the Measures on the Administration of Novel Foods (MOH Order 56 of 2007) and will come into force as of 1 Oct this year.

Compared with the old one, the new Order further specifies the definition and scope of new food raw materials in China, allows more involvement of the public during the registration of new food raw materials and introduces penalties for applicants who provides false information about the new foodstuff. In addition, the amended name of the Order indicates the government’s increasing concern for food safety.

The main changes are summed up in the table below:

Main Changes Old New Remark

Definition and scope

The novel foods include:

  1. Animals, plants and microorganisms that are not traditionally consumed in China;

  2. Raw food materials that are derived from animals, plants and microorganisms and are not traditionally consumed in China;

  3. New varieties of microorganisms that are used during food processing;

  4. Raw food materials, the original composition or structures of which are changed by the adoption of new techniques during production.

The new food raw materials refer to those without traditional eating habits: 

  1. Animals, plants and microorganisms; 

  2. Derivatives of animals, plants and microorganisms 

  3. Any foodstuff, the original structure of which changes 

  4. Other newly developed foodstuffs

 

The new Order further clarifies property and characteristics possessed by new food raw materials to avoid the registration of those food materials that are actually existing

Public consultation

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After application is submitted to the responsible authority (National Center for Health Inspection and Supervision under NHPFC), the department will invite public comments on this new food raw material and disclose its production techniques and adopted standards

With comments from the public, the registration of a new foodstuff will be more transparent.

Production supervision 

The health administrative departments under the previous MOH is in charge of overseeing the production of novel food

The NFHPC will no longer undertake the responsibility of food supervision

After institutional reshuffle, the supervisory duty of food production, circulation and catering service is integrated under China Food and Drug Administration

Penalty

 

The applicant is forbidden to reapply for his new food raw material within one year if providing fake information

Prevent this kind of illegal behaviors to ensure the quality of technical review and the product safety.

It is worth noting that GMO food, health food and new food additives are regulated by other rules so they are not subject to the provisions of these Measures. The management of GMO food in China is different from in the EU, which specifies that new GMO food is also a kind of novel food. In a statement made by Mr. Luo Yunbo from the China Agricultural University, prior to the establishment of a well-developed regulatory system for GMO foods, various departments got involved bringing about weak supervision in the area. At present, the Ministry of Agriculture is mainly responsible for regulating GMO food and the supervision is stricter than EU. 

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