[Update] SAMR to Further Standardize Infant Formula Labeling Requirements

Update: On Nov. 12, 2021, SAMR issued an official notice to approve the new supervision requirements of infant formula milk powder product labeling. Compared with the consultation notice on July 28, most labeling requirements stay the same. The official notice mainly revised the Rule 4, regulating if the milk protein raw materials are from two or more animal sources, the proportions from different animal sources should be indicated in the ingredient list.

The application of infant formula recipe registration shall be implemented according to this notice from Nov. 12, 2021. Products produced from Feb. 22, 2023 shall meet the labeling requirements of this notice, and products produced before Feb. 22, 2023 can be sold till the expiration date ends.

------------------------------------------------------------------------------------------------------------------------------

As revealed by an official notice*¹ released on July 28, 2021, China's State Administration for Market Regulation (SAMR) has been collecting public comments on the new supervision requirements of infant formula milk powder product (hereinafter infant formula) labeling. Any feedback shall be sent to [email protected] prior to August 28, 2021. Details of the proposed labeling requirements are listed below.

*Notice here refers to “Notice of the State Administration for Market Regulation on Further Standardizing the Labeling of Infant Formula Milk Powder Products (Consultation Draft)”.

Major Content and Interpretation

1. The labeling of infant formula should comply with relevant food safety laws, regulations, standards and product recipe registration provisions. The labeling content should be true, accurate, clear and legible, and shall not contain false, exaggerated, misleading or extreme information.

Interpretation:

• Rule 1 is an old requirement specified in regulations and standards like Administrative Measures for Registration of Infant and Young Children Milk Powder Formula Recipes² and GB 7718 National Food Safety Standard General Standard for the Labeling of Prepackaged Foods³, etc.

2. Infant formula products for babies under 6 months (namely, stage 1 IF) shall not bear nutrient content claims and functional claims. For products designed for infants and young children above 6 months (namely, stage 2&3 IF), their essential ingredients should not bear content or functional claims, only optional ingredients can label compliant content and functional claims on the non-principal display panels in text. 

Interpretation:

• Rule 2 is a new requirement, which aims to expand the forbidden scope of nutrient content claims and functional claims of infant formula labeling.

Comparison of the forbidden scope of content claims and functional claims of IF labeling at present and in this draft

Note: × means prohibited; √ means allowed.

3. Products should label product name, net content (specification) and recipe registration number in the principal display panel, where graphic patterns that meet relevant requirements can be added. Registered trademarks are allowed to be labeled in the corners of the principal display panel. Except for the items mentioned above, it is forbidden to label other information in the principal display panel. 

Interpretation:

• Rule 3 is first set down by documents. In practice, review experts of IF recipes always ask applicants to delete claims from the principal display panel. Thus, to most infant formula products, they have already been compliant with this rule.

4. To commodities whose product name indicates a certain animal source, its raw milk, milk powder, whey powder and other milk protein raw materials should all come from this animal species. If the milk protein raw materials are from more than two animal sources, the proportions from different animal sources should be indicated in the ingredient list.

Interpretation:

• According to the current effective measures⁵, if the product name displays goat infant formula, then the raw milk and milk powder should be from goat only. But the current measure also indicates that a part of the whey powder of goat infant formula can be from a different species, which is not allowed according to Rule 4 once it comes into effect.

5. Compound ingredients should be labeled strictly according to national standards. If a certain ingredient is compounded by two or more other ingredients (excluding compounded food additives), the name of the compound ingredient shall be indicated, whereafter its original ingredients shall be listed in descending order (based on the amount added) within parentheses.

Interpretation:

• Example: "Raw cow milk, whey powder, lactose, ..., compound ingredient X (original ingredient A, B, C...), ..., taurine, ..."

6. Recommend intake amount and feeding suggestions of infant formula shall be set with scientific evidence and shall be expressed precisely. Words such as “must” and “strictly” shall be avoided. 

Interpretation:

• It is a new requirement raised after the release of new infant formula GB standards, which was emphasized by review experts in Hainan offline seminar (See ChemLinked’s summary here⁶).

7. A six-month grace period will be given to manufacturers. According to the notice, for products whose labels are inconsistent with the above requirements, manufacturers shall complete the label alteration within six months after the promulgation of this Notice. Products produced before the implementation date can be sold till the expiration date ends. 

For further compliance service, please email [email protected].