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On Jul. 27, 2020, China SAMR opened the second draft of Food Labeling Supervision Administrative Measures for public feedback. Compared with the first draft issued in Nov. 2019 (please click here for the detailed), the latest version details the labeling requirements for special food, newly includes the labeling obligation for products using reconstituted milk as raw materials, and clarifies some regulation items. Any comments should be sent back prior to Aug. 26, 2020.
The key points of the second exposure draft are listed below
Special food labeling
Chapter 4 details the labeling requirements specialized for health food, infant formula and food for special medical purposes. Generally speaking, it should follow the corresponding laws and regulations, national food safety standards and relevant product registration/filing administrative measures. It is noteworthy that if the base powder is used as the raw material of infant formula product, then “base powder” should be indicated in the ingredient list, and its components are required to be listed in bracket by descending order based on the addition volume.
Besides, it is not allowed to have either content or function claims for stage 1 infant formula milk powder. In terms of infant formula food targeting at babies over 6 months old, it is prohibited to indicate the content and function claims towards the essential components, but those claims for optional components are permitted in written form on non-major display panel.
The labeling requirements for products using reconstituted milk
Liquid milk using reconstituted milk as raw material should label “reconstituted milk” next to the product name and indicate the composition and corresponding proportion of the reconstituted milk.
Labeling items for imported food
Similar to the requirements mentioned in the first draft, imported food shall have Chinese labels, which should be directly stuck, printed, or indicated on the minimum sales unit package. It is not allowed to affix the Chinese label on the foreign one.
In addition, imported food should indicate the place of origin, name, address, and contact information of domestic importers or agencies. However, they are not required to label the product reference standard and food manufacturer permit code.
The prohibition of “zero additive” and “not contain” claims
According to article 32, it is not allowed to use the statement such as “free of additives” or “not contain” to emphasize that some substance is not used/contained in the food products. At present such claims are quite commonplace in food sector especially for dairy products (click here for the case analysis). However, Professor Li Jian from Beijing Technology and Business University stated that it is more a marketing gimmick and may mislead consumers. For example, it is meaningless to indicate “free of colorant, preservative, and flavoring” for pasteurized original-taste yogurt.
In addition, it is prohibited to indicate “free of transgenic ingredients”, “non-GMO” or similar expressions to describe food not using transgenic food ingredients.
The labeling for edible agricultural products
The food business operators should state the product name, place of origin, suppliers and etc. on the package or in the selling place, while it is voluntary to indicate the harvest date/package date, storage condition and best before date.
Health claims
It is encouraged to indicate “low-fat”, “low-salt” or “sugar-free” on the package, while the use of these claims should follow corresponding regulations such as GB 28050-2011 General Rules for Nutrition Labeling of Prepackaged Foods.
Supervision
SAMR will place more emphasis on the inspection of the following items:
Food name, production date, shelf life
The consistency between food name and the ingredient list
The nutrients and their contents of the staple and supplement food specialized for infant and young children and other specific population
The standardization and completeness of special food label and specification; the consistency between the actual label and those registered/filed information
Prohibited and illegal label conditions
In addition, the competent authority will strengthen the supervision of food sold online, and the e-commerce platforms should further regulate the food product introduction and food label pictures.
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