CFDA Revised the Food Safety Law Implementation Regulations for WTO Notification

On August 14, 2017, CFDA issued G/SPS/N/CHN/1055 Notification about revising the Regulations on the Implementation of the Food Safety Law of the People's Republic of China (Revised Draft). It is the third version submitted for WTO Notification and the final date for comments is October 13, 2017.

1. The Revision Process of the Food Safety Law Implementation Regulations

  • On December 9, 2015, CFDA published the first version with 200 articles for public comment.
  • On October 19, 2016, CFDA submitted the second version to the State Council, and released for public comment by SCLAO. The draft contains 208 articles.
  • On August 14, 2017, CFDA submitted the third version for WTO Notification. There are 98 articles in this newly issued Revised Draft, compared with the second Draft for comments, a lot of content has been deleted this time. 
2. Main Information on Food Import in the New Revised Draft

Items

Information

Article 49

When importing food and food additives, importers should apply to CIQ for inspection in accordance with the relevant regulations, truthfully declare the product information and submit qualified certification materials; when importing health food, formula food for special medical purpose and infant formula milk powder that are administered by registration, importers should also provide the registration certificate issued by CFDA.

Article 50

After the imported food reaches the port, it shall be stored in the place designated or recognized by CIQ. Large bulk imported food should be tested at the port and shall not be moved without inspection; if other imported food needs to be moved, it is necessary to obtain the consent of CIQ and take the necessary quarantine or other security measures.

Article 52

I. According to the Article 93 of the Food Safety Law, food without national food safety standard refers to the food produced by overseas enterprises and without applicable national food safety standard currently, not including the food covered by food safety general standards.

II. NHFPC shall review the relevant standards in accordance with the Article 93 of the Food Safety Law. If the standard is in compliance with the requirements for food safety, it can be temporarily applied and will be open to the public. Before the standard for temporary application is released, food without national food safety standard is not allowed to import.

Article 53

Importers should establish audit system for overseas exporters and overseas food production enterprises, focusing on the following contents:

(1) whether the food exported to China by overseas exporters or overseas food production enterprises are in compliance with the food safety law and other relevant laws, administrative regulations and national food safety standards in China;

(2) In order to ensure that the food exported to China conforms to the food safety law and other relevant laws, administrative regulations and national food safety standards, importers should monitor the overseas exporters and overseas food production enterprises to develop and implement food safety risk control measures.

3. CIRS Comments

The definition of imported food without reference national food safety standard in China is clearly stipulated in Article 52. Meanwhile, China National Center for Food Safety Risk Assessment (CFSA) under NHPFC has issued the Notice on Relevant Standards Review for Imported Food without Reference Food Safety National Standard in China in June, which explicitly stipulated the application requirements. The relevant can consider applying to CFSA for temporary applicable standard if needed.

If you have any other questions, please feel free to contact us at service@cirs-reach.com.

Further Information

CFSA News Release

Food Safety Law Implementation Regulations (Revised Draft)