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

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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 LawMulti-head management 2 parts management

Table

MOH

MOAMOC Table

Circulation

Farm

MOA

CFDA


Changes of New Food Safety Law

Imported food

Health food

Infant formula

Food contact

materialsSpecial dietary

food

A revolution?


Background of New Food Safety Law

Minor modification?

104 154Version 2009 Version 2015


Background of New Food Safety Law

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

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 20140

500

1000

1500

2000

2500

Trade volume of imported & exported food and agricultural products from 2000-2014

Import&Export Import Export


Incompliant imported foodTotal 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 foodChapter 6 Food Import and Export, Article 91 - 101

Article Relevance Summary91 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


Changes on imported foodArticle 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


Changes on imported foodArticle 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-entryinspection and quarantine agencies (CIQ) pursuant to laws and administrativeregulations.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


Changes on imported foodArticle 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


Changes on imported foodArticle 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.

Changes on imported food

• 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; AQSIQtightens 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

2015Whole 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/

http://spsy.gdfda.gov.cn/index.do

http://www.product-trace.com/data/showdata.do

http://www.safefood.gov.cn/

http://www.xmgs.gov.cn/spaq/

http://www.jiabuliao.org/index.aspx

http://www.scfoodsafe.cn/

http://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 DepartmentsMinistry 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)

MOCMPS

Traceability

SystemCFDA

MOA

AQSIQ

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 [email protected] for details

mailto:[email protected]


Thank you for your attention!

Laura Wang

Tel: +86 571 8710 3829Email: [email protected]

www.reach24h.com

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China new food safety law comprehensive compliance guidance part i

Food

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