China Releases New Measures for the Safety Administration of Imported and Exported Foods

On April 13 2021, China GAC issued the latest version of “Measures for the Safety Administration of Imported and Exported Foods”¹, which will take effect on January 1, 2022. (Check ChemLinked Regulatory Database for history versions and E-translation.)

Compared with the current version², the number of articles in this new version has increased from 64 to 79. It is noteworthy that the administrative measures for the inspection and quarantine of imported and exported aquatic products, meat products, dairy products and exported honey are to be abolished after the new version comes into force, and corresponding requirements are now incorporated into the new “Measures for the Safety Administration of Imported and Exported Foods”.  

Noteworthy Points Revealed in the New Version

1. Labeling requirements of specific food categories are detailed

Article 30 specifies the labeling requirements of imported meat and aquatic products, and underscores that Chinese label must be directly printed on the minimum sales packaging of imported health food and food for special dietary uses. Affixing label is not allowed. 

At present such labeling requirement has already implemented for imported infant formula milk powder back on April 1, 2014. After the revision, the application will be further expanded to other foods for special dietary use. In China, food for special dietary use refers to infant formula, FSMP products, supplementary foods for infants and young children, complementary foods nutritional supplements, sports nutrition food, etc.

2. The use of new food raw materials is clarified

Article 9 stipulates that imported food produced by new food raw materials should comply with article 37 in “Food Safety Law³”, that is, the new food raw materials used shall obtain the registration approval with NHC prior to the importation. 

3. The inspection requirements of food safety management system in overseas countries are detailed

GAC could conduct evaluation and inspection on the food safety management system and food safety condition of overseas countries/regions, and article 12 to 16 specifies the situations when to commence and terminate the evaluation, as well as evaluation items, forms and procedures. Relevant countries/regions should provide necessary assistance to the evaluation. Also, GAC updates the requirement of manufacturer registration in article 10. Before the release of this version, only four types of products (namely, aquatic products, dairy products, meat, and birds nest) are subjected to the overseas food manufacturer registration. But now the application scope is expanded to all food categories.⁴

4. Risk monitoring is the emphasis of imported food supervision

According to article 60, GAC will formulate the imported and exported food safety risk monitoring plan annually so as to continuously collect data related to foodborne diseases, food contamination and other adverse factors during the supervision of imported & exported food. In addition, once the food safety incidents occurred in overseas are likely to cause negative impacts or have potential risks in China, GAC will issue risk alerts in Customs system or announce the risk notification to consumers, and take controlling measures of different level (referring to article 34, 35, 36). 

5. Importers should bear more responsibility of imported food safety

The new version underscores the obligation of importers when it comes to the regulation of imported food. For example, article 22 stipulates that food importers should establish overseas exporters and manufacturers inspection mechanism, which mainly reviews the food safety risk monitoring condition and product compliance issues. After the removal of labeling filing for prepackaged food imported for the first time, importers should ensure the label compliance for products exported to China. If the importers do not destroy, return or take technical measures on products which do not affix Chinese label or its Chinese label is noncompliant with Chinese regulations and standards, they will be warned by customs or fined less than 10 thousand RMB.