China new food safety law comprehensive compliance guidance part i

© REACH24H CONSULTING GROUP CHINA WWW.REACH24H.COM© REACH24H CONSULTING GROUP CHINA WWW.REACH24H.COM
Laura Wang
REACH24H Consulting Group China
12th August of 2015
1
China New Food Safety Law:
Comprehensive Compliance Guidance
Session I

© REACH24H CONSULTING GROUP CHINA WWW.REACH24H.COM© REACH24H CONSULTING GROUP CHINA WWW.REACH24H.COM 2
Content Session I
Significant changes and the
challenges for imported food
companies
The newly-introduced national
food traceability system

Content Session II
Impact on infant formula and
compliance solutions
Impact on health (functional) food
Impact on special dietary food

Changes and the challenges for imported
food companies
• Background of New Food Safety Law
• Analysis of the changes of the food safety law for
imported food in general
• Challenges and corresponding tips for imported
food companies
Content

Background of New Food Safety Law
Multi-head management  2 parts management
Table
MOH
MOA
MOC
Table
Circulation
Farm
MOA
CFDA

Changes of New Food Safety Law
Imported
food
Health
food
Infant
formula
Food
contact
materialsSpecial
dietary
food
A revolution?

Minor modification?
104 154Version 2009 Version 2015

Strictest Food Safety Law
2 – 5 times fine 5 – 10 times fine
5 – 10 times fine 10 – 15 times fine
Do nothing Revoke certificates
…

Imported food market in China
0
500
1000
1500
2000
2500
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Trade volume of imported & exported food and agricultural
products from 2000-2014
Import&Export Import Export

Incompliant imported food
Total numbers of non-compliant notifications by
country of origin/regions in 2014
Source: China Black-listed Food Status Annual Report 2014
(REACH24H, 2015) – available on request

Changes on imported food
Chapter 6 Food Import and Export, Article 91 - 101
Article Relevance Summary
91 Administration
92 Quality requirement
93 For food without national standard
94 Recall
95 Circulation administration
96 Revoke qualification
97 Labels
98 Importation log
99 Exportation
100 Credit record
101 Country of origin requirements

Article 91 AQSIQ regulates safety of
food imports and exports.
General Administration
of Quality Supervision,
Inspection and
Quarantine (AQSIQ)
CIQ - China Entry-Exit Inspection and
Quarantine
• Who interprets the regulations and
implements
• Different offices or even officers have
different interpretation of the regulations

Article 92 Imported foods, food
additives and food-related products
shall comply with China’s national
food safety standards.
Imported foods and food additives
shall pass inspection by the exit-
entry
inspection and quarantine agencies
(CIQ) pursuant to laws and
administrative
regulations.
Imported foods and food additives
shall be accompanied by inspection
certificates,
as required by AQSIQ.
• Imported food additives are
included
• Shall be accompanied by
inspection certificates

Article 93 In the event of the importation of food without a national food safety
standard, the overseas exporter/producer, or its entrusted importers shall submit
relevant national (regional) standard or international standard of the
exporting country (region) to the NHFPC. NHFPC permits the importation if it is
considered as being compliant with food safety requirements, and timely
develop national food safety standard accordingly. The importation of food with new
food raw materials, or the importation of new food additive varieties, or new food-
related products shall be in accordance with provisions of Article 37 of this Law.
CIQ shall follow NHFPC's requirements to inspect the aforementioned foods,
food additives, and food related products, the result of which shall be
publicized.
Register the standard, then import the product

Article 94 Overseas exporter and producers shall guarantee that the foods, food
additives, and food related products exported to China comply with
requirements of this Law, other Chinese laws, regulations and the national food
safety standard; they shall be responsible for content of the food labels and
instructions.
Importers shall establish an examination and verification system for
overseas exporter and producers; they shall, with emphasis, review the
aforementioned items. Products fail to pass the review shall not be imported.
Discovering that imported food fails to comply with national food safety
standards, or have evidence that the food may cause harm to human health, the
importer shall immediately stop importing such food, and recall the products
pursuant to provisions of Article 63 of this Law.
• Importers should check on exporters;
• Recall problematic products

Article 95 In the event that a food safety incident occurs overseas and may
impact China, or a major food safety problem is detected in imported food, food
additive or food related products, AQSIQ shall issue a risk alert or take control
measures in a timely manner and notify the CFDA, NHFPC, and MOA. The
notified departments shall take actions immediately upon receipt of such
notification.
The county and above level food and drug regulatory department
oversights imported foods and food additives sold in the domestic market.
Detecting serious food safety problems, CFDA shall timely inform the
AQSIQ. Upon receipt of such notifications, the AQSIQ shall take actions
upon receipt of such notification.
• CFDA will supervise imported food after entering the market
• CFDA – AQSIQ cooperation

Article 96 Overseas exporters or export agents that export food to China, and
importers shall be put on record at the AQSIQ. Overseas food producers
exporting food to China shall get registered at AQSIQ. The registered
overseas food producers, if providing false material, or cause serious food
incidents due to its own causes, will be removed from the registration
list by AQSIQ, and the removal will be announced by public notice.
AQSIQ regularly publishes the lists of exporters, agents, importers, and
overseas food producers who have been recorded or registered.
• Will lose the chance to export to China

Article 97 Imported pre-packaged food and food additive shall have Chinese
labels. If instruction is required by laws or regulations, the instruction in Chinese
shall be provided. Labels and instructions shall comply with this Law and
provisions of other laws, regulations and food safety standards; the instructions
shall indicate county of origin, Chinese domestic agent's name, and contact
information.
Pre-packaged food without Chinese labels or instructions, or their labels or
instructions do not comply with the Law shall not be imported.
• Label issue is critical
• Different local policies

Article 98 Importers shall
establish a food and food additive
import and sale record; faithfully
record information of food and
food additives such as the
product name, specification,
quantity, production date,
production or import batch
number, shelf life, name,
address and contact information
of the exporter and buyer, and
delivery date. The records and
documents shall be kept in
compliance with provisions in
Article 50.2 of the Law.
• Importers keep records

Article 100 AQSIQ shall collect and consolidate the following safety information on
imported and exported food and notify it to relevant departments, institutions, and
enterprises:
1) The food safety information from the imported and exported food inspection and
quarantine implemented by the exit-entry inspection and quarantine agency;
2) The import food safety information reported by food industry associations,
customer associations and consumers;
3) The risk alert information and other food safety information published by
international food organizations and overseas government agencies, and the food
safety information reported by organizations such as overseas industry associations
and consumers;
4) Other food safety information. AQSIQ shall carry out credit management for
food importers, exporters, and export food producers; establish and publish
credit records by law; AQSIQ
tightens inspection and quarantine on importers, exporters, and export food
producers that had bad credit record.
Keep good credit is very important!

Challenges for food exporters and tips
Don’t s Dos
• Disregard the compliance • Be cautious of the compliance
• Find a reliable partner• Avoid a less-experienced
importer
• Be familiar with the regulations• Relying too much on the
importers
• Get help from government,
associations or professional
consulting companies
• Deal with the incompliance
problem after export
• Do consider the compliance
issues BEFORE exporting

Traceability System
• Establish Background of traceability system
• Development of traceability system
• Status quo & Extant Problems
• Future Trend & Influence on enterprise

Food Safety Law-Traceability
Article 42 China establishes the food traceability systems that
cover the whole process.
Food producers and traders shall establish the food traceability
system pursuant to provisions of this Law to guarantee traceability
of foods. They are encouraged to adopt information technology
measures in retaining production and trading information, and
establishing the food traceability system.
CFDA will work with MOA and relevant departments to establish
the coordinated traceability system for the whole process of food
safety.
Provides the legal basis of establishment of traceability
system in China

Establish Background of
traceability system
• Enhance the transparency of the food
information
– From “farm to table”, could effective trace back to
the origin
• To improve the international competitiveness
• To improve the comprehensive management
level of supply chain

Development of traceability system
Jun 2013
Infant formula
2005
Aquatic product
2006
Alcoholic product
2011
Meat and Veg
2015
Whole process
<Food Safety
Law>

Infant Formula Traceability System
Sep 2010
Proposed traceability
of infant formula
<notification for
further improve
quality and safety of
dairy product>
Dec 2013
Request traceability and
recall
<Detailed rules for
examination of production
permit on infant formula>
Nov 2013
Detail stipulate traceability
of infant formula
<Provision for supervision
and inspection of infant
formula manufacturer>
May 2013
Added traceability provision
<Measure of inspection and
quarantine supervision for
imported dairy product >
Jun 2013
Full traceability
<Suggestion for further
improve quality and
safety control of infant
formula>

Status quo & Extant Problems
Guangdong http://spsy.gdfda.gov.cn/index.do
Shanghaihttp://www.product-trace.com/
Shandonghttp://www.safefood.gov.cn/
Xiamenhttp://www.xmgs.gov.cn/spaq/
Nanjinghttp://www.jiabuliao.org/index.aspx
Sichuanhttp://www.scfoodsafe.cn/
Xininghttp://xnrczs.gov.cn/dts/

Status quo & Extant Problems
•Trace codes issued by different departments vary
•Information inquiry is not convenient for customers and
insufficient information
•High price of traceable food
•Establish traceability system need a quantity funding
and technical support

Related Departments
 Ministry of industry and information
(MIIT)
 Ministry of Public Security (MPS)
 Ministry of Commerce (MOC)
 China Food and Drug
Administration (CFDA)
 Ministry of Agriculture (MOA)
 General Administration of Quality
Supervision, Inspection and
Quarantine (AQSIQ)
MO
C
MPS
Traceab
ility
System
CFDA
MO
A
AQSI
Q
MIIT

Future Trend
http://foodcredit.miit.gov.cn/zs/zhuisu.html

China Food Regulation Summit
• Shanghai, 17th&18th Sep
• Speakers: officers from NHFPC, CFDA, Shanghai
CIQ etc.
• Contents:
– Changes on procedure of importation
– Requirements on labelling of imported food
– Infant formula registration requirements
– Cross-border e-business in China…
• Send emails to food@reach24h.cn for details

Thank you for your attention!
Laura Wang
Tel: +86 571 8710 3829
Email: wangningjie@reach24h.cn
www.reach24h.com
32

China new food safety law comprehensive compliance guidance part i

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