The food market in China is historically one of the most interesting markets for international companies. Even during this phase of decoupling of industrial production chains, the growth of the Chinese middle class standards drives an increasing demand for products that meet ever-higher levels of safety and quality. Furthermore, the pursuit of greater well-being and health protection are becoming increasingly relevant in food consumption habits, and for this reason, they are receiving special attention from the Chinese legislature.
Food safety governance in China
Food safety governance in China is based on a well-defined and structured hierarchy of sources, which includes:
- The Constitution of the People’s Republic of China, which aims to establish a socialist rule of law system with Chinese characteristics;
- Laws promulgated by the Standing Committee of the National People’s Congress, such as the Food Safety Law, which represents the legal foundation for food safety. It provides a general framework of technical and quality requirements for products marketed in China;
- Administrative decrees (among others, General Administration of Customs of the People’s Republic of China, No. 248/21 and No. 249/21), which implement the provisions contained within the Food Safety Law.
Alongside this hierarchy, technical standards, known as guobiao (国标), play a significant role as much of the detailed legislation is based on these standards, making them fundamentally important.
Introduction to labelling legislation for prepackaged products
The regulatory framework governing labelling aspects of prepackaged food products in China is the result of a comprehensive and synergistic legislative activity by the various authorities mentioned in the previous section.
The Food Safety Law serves as the legal basis concerning labelling requirements.
As regards labelling, one of the technical standards related to the Food Safety Law is GB 7718/2011 (General Standard for the Labelling of Prepackaged Foods), which is currently undergoing important updates, having recently been open for public comments by the National Health Commission of the People’s Republic of China. The main revisions include:
– Ingredient Information: the importance of clearly indicating allergens and additives has been emphasized, requiring a more detailed list in descending order of quantity.
– Nutritional Information: it is required to provide more detailed nutritional information for certain food groups to ensure greater transparency for consumers.
– Presentation Requirements: stricter requirements have been established regarding the readability and visibility of label information, such as the font size depending on the dimension of the packaging surface;
– Digital Label Format: the use of QR codes or digital links on labels to provide additional product information, such as nutritional details, usage instructions, or sustainability information, is permitted.
Foods for special medical purposes: latest news
As of January 1, 2024, the new version of the Administrative Measures for Registration of Formula Foods for Special Medical Purposes, previously published by the State Administration for Market Regulation (SAMR) under order no. 85 on November 28, 2023, has come into effect.
One of the main revisions concerns the expansion of the list of documents required for the registration of Formula Foods for Special Medical Purposes, which now requires:
- Registration application;
- Documents for the qualification of the applicant (new);
- Product research and development report;
- Product formula and design basis (new);
- Documentation related to the production process;
- Label draft and product instructions;
- Tests conducted on the product;
- Documentation demonstrating the applicant’s capabilities in research and development, production, and product testing;
- Additional material relating to the safety, nutritional adequacy, and clinical effectiveness of the product.
With regard to labelling requirements, starting from January 1, 2024, the legislation requires:
- The placement of the statement “please use under the guidance of a doctor or clinical nutritionist” on the main surface of the label;
- A prohibition of including false information or claims regarding disease prevention or treatment.
As the Chinese legislator continues to raise food safety standards, it is essential that operators interested in the Chinese market make a greater effort and commitment to better understand the current legislation in China and to take advantage of the benefits that can arise from the constant attention to these aspects that our companies are usually confronted with.
For any assistance on this matter, please contact us at the following email address: shanghai@studiozunarelli.com
China Desk – Zunarelli Law Firm
