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China New Food Safety Law

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Presentation from the Australian Trade Commission (Austrade)

Published in: Food
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China New Food Safety Law

  1. 1. China New Food Safety Law: Comprehensive Compliance Guidance Presenters: Brent Moore Austrade Laura Wang REACH24H Consulting Group
  2. 2. Laura Wang Key Account Manager Reach24H Consulting Group
  3. 3. Australia Unlimited Content • Background of New Food Safety Law • Analysis of the changes of the food safety law for imported food in general • The change of the articles regarding infant formula • Challenges and corresponding tips for imported food companies • Case studies
  4. 4. Australia Unlimited Background of New Food Safety Law Multi-head management 2 parts management Table MOH MOA MOC Table Circulation Farm MOA CFDA
  5. 5. Australia Unlimited Changes of New Food Safety Law Imported food Health food Infant formula Food contact materials Special dietary food A revolution?
  6. 6. Australia Unlimited Background of New Food Safety Law 104 154 Version 2009 Version 2015 Minor modification?
  7. 7. Australia Unlimited 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 …
  8. 8. Australia Unlimited 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
  9. 9. Australia Unlimited Non-compliant 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
  10. 10. Australia Unlimited 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
  11. 11. Australia Unlimited Changes on imported food 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
  12. 12. Australia Unlimited Changes on imported food 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. 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
  13. 13. Australia Unlimited Changes on imported food 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
  14. 14. Australia Unlimited Changes on imported food 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
  15. 15. Australia Unlimited 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
  16. 16. Australia Unlimited 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. Changes on imported food • Will lose the chance to export to China
  17. 17. Australia Unlimited 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. Changes on imported food • Label issue is critical • Different local policies
  18. 18. Australia Unlimited 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. Changes on imported food Importers keep records
  19. 19. Australia Unlimited 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. Changes on imported food Keep good credit is very important!
  20. 20. Australia Unlimited Changes on infant formula Article 81 Infant formula food producers shall implement the whole process quality control from raw material purchase to exit of finished products; each batch of infant formula products exit the factory shall be inspected to guarantee food safety. The food materials (such as raw milk, supplementary substances) and food additives used for infant formula production shall comply with laws, regulations and provisions, as well as national food safety standards; they shall guarantee sufficient nutritional content for infant growth and development. Infant formula food producers shall report the raw materials, food additives, product formula and labels to provincial food and drug regulatory department for recording. Product formula of infant formula foods shall be registered with CFDA by providing the R&D report of the formula as well as other materials proving the science and safety of the formula. Infant formula foods are not allowed to be produced in the means of sub- packaging; the same company is not allowed to produce infant formula powder of different brands by using the same formula.
  21. 21. Australia Unlimited 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
  22. 22. Australia Unlimited Case Study I - Infant formula H company exported infant formula to China, at the port, it was inspected that some of the key nutrition does not achieve the level on the label. Total amount of 30k bottles are rejected. Mistakes: • Too confident in their own testing report, didn’t take pre-GB testing • Not familiar with Chinese regulation, the way to communicate with the authority • Bad choice of importer who are less experienced
  23. 23. Australia Unlimited Case study II - Local policies Examples Shanghai: Whey protein/protein Nanjing: Whey 63% Casein 37% Yantai:
  24. 24. China New Food Safety Law (English)* *This is an English version translated by the US Department of Agriculture only for your reference. The Chinese government has not provided any authorised translation on the amended Food Safety Law 2015. For further information please contact: Austrade: info@austrade.gov.au Reach24H: food@reach24h.cn

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