The State Council and CFDA Sorted Out Food Regulations and Normative Documents

Recently, the State Council and CFDA have sorted out quite a lot of regulations and documents. The State Council issued a decision on the revision and repeal of some administrative regulations on March 21, 2017. CFDA published the catalogue of the first batch normative documents that continue to be valid and the catalogue of the first batch normative documents that are abolished and declared invalid on March 22, 2017. Among them, quite a few are related to food. We summarize them as following.

Table.1 the revision of Regulations on Direct Selling Administration

Administrative regulation	Clause	Original version	Modified version
Regulations on Direct Selling Administration	Article 11	If the direct selling enterprise has significant changes listed in Article 8, the enterprise shall submit materials to the competent department of commerce under the State Council for approval according to Item 1 of Article 9.	If the direct selling enterprise has significant changes listed in Item 1, 2, 3, 5, 6 and 7 of Article 8, the enterprise shall submit materials to the competent department of commerce under the State Council for approval according to Item 1 of Article 9.

Please be noted that:

The words in bold are the difference between the two versions.
The main change is that the significant change listed in Item 4 of Article 8 (Product specification that complies with national standards) is excluded in Article 11, which means, when significant changes in product specification that complies with national standards take place, there is no need to apply for the approval of the State Council.

Table.2 the catalogue of the first batch normative documents that continue to be valid

NO.	Category	Filename	The notice number	Release date	Opinion
1	Food	Notice on the implementation of national food safety standard General hygiene practices in food production.	Notice of No.234,2013	20131101	Continue to be valid
2	Food	Notice on further strengthening the supervision of liquor quality and safety	Notice of No.244,2013	20131128	Continue to be valid
3	Food	Notice on the strict implementation of infant formula milk powder production license review rules	Notice of No.253,2013	20131224	Continue to be valid
4	Food	Notice on the prohibition of commissioning, sticking brands and subpackaging in the production of infant formula milk powder	Notice of No.43,2013	20131127	Continue to be valid
5	Food	Notice on the supervision and inspection of infant formula milk powder enterprises	Notice of No.44,2013	20131127	Continue to be valid
6	Food	Notice on the examination rules of infant formula milk powder production license (2013 version)	Notice of No.49,2013	20131216	Continue to be valid
7	Food	Notice on the supervision of food additives sodium aluminium phosphate-acid, sodium aluminosilicate and starch aluminum octenylsuccinate	Notice of No.29,2014	20140616	Continue to be valid
8	Food	Notice on further strengthening the supervision of “Large bottled water” quality and safety	Notice of No.28,2014	20140331	Continue to be valid
9	Food	Notice on the examination requirements of infant formula milk powder production license	Notice of No.31,2014	20140220	Continue to be valid
10	Food	Reply on the production license of food additive nitrogen	Notice of No.160,2014	20140813	Continue to be valid
11	Food	Notice on the production license examination of imported milk powder based infant formula milk powder production	Notice of No.54,2014	20140331	Continue to be valid
12	Food	Notice on strictly strengthening the supervision of seasoning flour products and other snack food.	Notice of No.57,2015	20150527	Continue to be valid
13	Food	Guides on the establishment of quality and safety traceability system in liquor enterprises	Notice of No.194,2015	20150909	Continue to be valid
14	Food	Guides on the establishment of quality and safety traceability system in edible vegetable oil enterprises	Notice of No.280,2015	20151231	Continue to be valid
15	Food	Notice on food safety retrospective information record specification for infant formula milk powder enterprises	Notice of No.281,2015	20151231	Continue to be valid
16	Food	Reply on the questions about calcium oxide production license of sugar enterprises	Notice of No.693,2015	20151111	Continue to be valid
17	Food	Notice on further strengthening the supervision of infant formula milk powder sales	Notice of No.251,2013	20131218	Continue to be valid
18	Food	Notice on selling infant formula milk powder in pilot drugstores	Notice of No.252,2013	20131218	Continue to be valid
19	Food	Notice on strengthening the supervision of school canteen food safety and preventing collective food poisoning	Notice of No.23,2013	20130524	Continue to be valid
20	Food	Notice on further strengthening the supervision of food that over expiry date	Notice of No.22,2014	20140313	Continue to be valid
21	Food	Notice on strengthening the supervision of made-on-site fresh dairy drink	Notice of No.36,2015	20150407	Continue to be valid
22	Food	Notice on strengthening the supervision of food safety in tourism	Notice of No.54,2015	20150513	Continue to be valid
23	Food	Notice on further strengthening the supervision of hot pot raw materials, soup base and seasonings	Notice of No.58,2015	20150413	Continue to be valid
24	Food	Notice on carrying out food business license	Notice of No.199,2015	20150930	Continue to be valid
25	Food	Notice on the strict punishment of illegal production and operation of cod liver oil products	Notice of No.83,2014	20140425	Continue to be valid
26	Food	Notice on further clarifying the re-registration of health food	Notice of No.5,2013	20130823	Continue to be valid
27	Food	Notice on the regulation of using breeding sika deer and its products as health food raw materials	Notice of No.242,2014	20141024	Continue to be valid
28	Food	Notice on strengthening the supervision of heath food that contains polygonum multiflorum	Notice of No.137,2014	20140709	Continue to be valid
29	Food	Notice on the questions about the implementation of national food safety health food	Notice of No.104,2015	20150713	Continue to be valid
30	Food	Notice on the supervision of food production operators strictly implementing the main responsibility for food safety	Notice of No.16,2015	20150527	Continue to be valid

Table.3 the catalogue of the first batch normative documents that are abolished and declared invalid

NO.	Category	Filename	The notice number	Release date	Opinion
1	Food	Notice on the special supervision and specification of food label	Notice of No.25,2014	20140326	Declare invalid
2	Food	Reply on the questions about the food expiry date	Notice of No.554,2015	20150909	Declare invalid
3	Food	Notice on issuing food safety licenses during the reform transition period	Notice of No.207,2013	20131009	Declare invalid
4	Food	Notice on the special rectification of children food and food in campus and its surrounding	Notice of No.158,2014	20140807	Declare invalid
5	Food	Reply on the questions about whether the puffer fish is allowed to sell in circulation link	Notice of No.624,2015	20151015	Abolish
6	Food	Notice on the punishment of illegally producing and managing broken Ganoderma lucidum spore powder products	Notice of No.173,2014	20140912	Declare invalid
7	Food	Notice on the alteration of health food that contains polygonum multiflorum	Notice of No.181,2014	20140930	Declare invalid

In the near future, CFDA will continue to sort out regulations and documents, to make clear their effectiveness. Food enterprises are suggested to carefully read relevant announcement, so that they would know whether the change of these regulations and documents will affect them.

If you have any needs or questions, please contact us at service@cirs-group.com.

Reference: http://www.sda.gov.cn/WS01/CL0087/170981.html

http://www.gov.cn/zhengce/content/2017-03/21/content_5179305.htm

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