Statistical Analysis of Unqualified Wines Entering China in 2018 by Nikolaas Tilkin-Franssens

According to the information on unqualified foods that were not allowed to enter China from January to December 2018 issued by the General Administration of Customs, Global Foodmate found that 36 batches of unqualified imported wines were not allowed to enter in 2018, with a gross weight of 63,802 kg.

Unqualified wines that were not allowed to enter the country were from 8 countries or regions, including France, Italy, Chile, Australia, Spain, Germany, the United States, and Moldova. Among them, the most unqualified wines from Moldova (12 batches), followed by 7 batches from France and 5 batches from Spain.

Unqualified reasons mainly were over-scope use of food additives, inconsistent goods, unqualified labels, unqualified packaging, sorbic acid and its salts do not meet the requirements of national standards, ochratoxin A exceeds the standard, and the quality is unqualified. Among them, half of the total unqualified wines (18 batches) were due to the unqualified packages.

These unqualified wines were mainly refused for entry at Jiangsu Port, Shanghai Port, Guangxi Port, Shenzhen Port, Tianjin Port, Zhejiang Port and Zhuhai Port. Among them, Jiangsu Port detected the most unqualified wines, with 16 batches.


The General Administration of Customs stated that the wines were not allowed to enter the country have been returned or destroyed at the port.

Please note: Original article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint.

Press release: link

Summary | FSMP Approval List in China (February, 2019) by Nikolaas Tilkin-Franssens

Last week, the state issued two batches of FSMP registrations to be claimed information on the 13th and 14th of February. So, what is the relationship between the two batches of “to be claimed” information and the registered FSMP products? How many approved products are there now?

After a batch of FSMP registrations published on October 8, 2018, the SAMR did not publish any registration catalogue in the following six months. It is reported that the products currently registered are no longer published in the form of “registration catalogue”, but are published in the form of “to be claimed”, and “not approved” is also released under the information of “to be claimed”.

At present, although the registration list is not issued, the former Food and Drug Administration is still continuously updating the information on the registered FSMP products. Up to now, the number of FSMP registered under the “Enterprise Enquiry” column of the Food and Drug Administration has been 24. In addition to the 18 FSMP products issued by the SAMR in the form of “registration catalogue”, 2 batches of FSMP were announced in the form of “to be claimed” with certificates issued on December 27, 2018 and February 13, 2019.

Press release: link

Top 10 Regulatory Highlights in China Food Industry of 2018 by Nikolaas Tilkin-Franssens

In 2018, China's food industry has undergone dramatic changes, from institutional reforms to cross-border e-commerce to changes in many important policies and regulations. To recap some of our top headlines, Global Foodmate put together a list of the top 10 regulatory highlights (chronologically) in China food industry from the past year:

1. China 4 Dairy National Standards (Draft) Are Revising

Feb 20, 2018, China issued four new national standard drafts about raw milk, pasteurized milk, sterilized milk and method for examination of reconstituted milk. The drafts have been greatly improved in the three key aspects including raw milk grading, processing technology specification and packaging identification of milk product.

http://info.foodmate.com/news/show-5750.html

2. China's Food Regulation Structure Reform

On March 13, 2018, the 1st session of the 13th NPC China held its 4th plenary session, the State Council institutional reform scheme was explained during the meeting.

What changes have taken place in this reform regarding food industry?

http://info.foodmate.com/news/show-5753.html

3. Announcement of Registration Extension for Overseas Producers

On March 13th, China Certification and Accreditation Commission (CNCA) issued an announcement about the registration extension for overseas infant formula manufacture, which is estimated to create lots of challenges for oversea infant formula manufacturers.

http://info.foodmate.com/news/show-5754.html

4. China Food Regulation Structure- “Three Decide” the Stipulation

“Three Decide” was stipulated by SAMR. The detailed responsibilities and internal institutions and leading members were determined. What changes have taken place in this reform regarding food industry? After the “three decide” the stipulation released officially, Global Foodmate summarized the changes in order to support oversea companies to understand directly and clearly.

http://info.foodmate.com/news/show-5874.html

5. What Changes Will Happen on The New Standards of Formula Food for Infant and Children in China?

On September 7, 2018, the National Health Commission issued the "GB 10767-201X Food Safety National Standards for Children's Formula Foods (Draft for Comment)", and publicly solicited opinions from the whole society.

http://info.foodmate.com/news/show-5893.html

6. From Oct 1, 2018, "QS" Logo may not be used in Food Production

In order to guide local food and drug supervision and administration departments to conscientiously implement the production license system for food (including food additives, the same below), the State Food and Drug Administration issued a notice on the relevant matters implemented by the Measures. The notice clarifies that from October 1, 2018, food produced by food producers may no longer use the original packaging, labels and "QS" mark.

http://info.foodmate.com/news/show-5910.html

7. Notice on Drafting Technical Guidelines of FSMP Clinical Trials

In order to improve FSMP registration management, guide the clinical trials research and standardize the clinical trials process of specific full nutrition FSMP, ensure the scientificity and reliability of clinical trials results, protect the safe rights of consumers, the SAMR plans to public solicitate the research units on the technical guidelines for clinical trials of specific full nutrition FSMP.

http://info.foodmate.com/news/show-5939.html

8. From 2019, Both China and Australia Will Exempt Most of Customs Duties

On November 8th, State Councilor and Foreign Minister Wang Yi held the fifth round of China-Australia diplomatic and strategic dialogue with Australian Foreign Minister Payne in Beijing. China and Australia will carry out the fifth round of tariff concessions on New Year's Day in 2019. By then, almost all goods in bilateral trade will enjoy zero tariffs.

http://info.foodmate.com/news/show-5950.html

9. The changes of Cross-Border E-Commerce import Retail Policy

On the 21st of November, Premier Li Keqiang chaired the State Council executive meeting and decided to continue and improve the cross-border e-commerce retail import policy and expand the scope of application, and expand the opening to stimulate the consumption potential. Global Foodmate has reviewed the changes in cross-border e-commerce retail import policies and the latest policy contents in recent years in the form of long picture.

http://info.foodmate.com/news/show-5951.html

10. GB7718 "Prepackaged Food Labeling Standards"Draft

On November 26th, 2018, the National Food Safety Standards Review Committee issued the GB7718-201X "General Rules for the Labelling of Prepackaged Foods" drafting for comments. Global Foodmate compiled the important changes and main modifications.

http://info.foodmate.com/news/show-5954.html

Please note: Original article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint.

Press release: link

 

Source: Global Foodmate

How to Use, Label and Register Substances Belong to Food Fortifiers & Novel Food Ingredients? by Nikolaas Tilkin-Franssens

Many substances can be used as food fortifiers also novel food ingredients, sometimes, food enterprises might be confused about it during food production. In fact, the quality specifications and usage requirements of using as food fortifiers and food ingredients are quite different. Therefore, Global Foodmate summarized the substances belong to food fortifiers and novel food ingredients, and their usage and labelling requirements in foods. Global Foodmate also discussed how to apply for approval of a newly occurred substance that meets the abovementioned criteria in China.

1. Substances belong to food fortifiers and novel food ingredients
(1) Docosahexaenoic Acid (DHA)

(2) Arachidonic acid (AA or ARA)

(3) Galacto-Oligosaccharides (GOS)

(4) Polyfructose

(5) Yeast β-glucan

2. How to use and label?

For substances that belong to both food fortifiers and novel food ingredients, they should be used and labelled according to the actual function in the finished product.

Quoted from the Q&As concerning the Standard for the usage of Food Fortifiers GB 14880-2012, “For some substances that belong to both food fortifiers and novel food ingredients, such as DHA, AA, GOS and polyfructose, if the purpose of adding is nutrition fortification, usage of the substance shall comply with this standard. If the substance is used as a food ingredient, it shall meet the requirements of relevant notices of novel food ingredients.”

When the substance is used as food fortifiers, the content and NRV% (NRV% is optionally labelled in Foods for Special Uses) of the fortified nutrients shall be labelled in the nutrition facts. The labelling, including name, order, expression unit, rounding level, etc., shall comply with Table 1 of GB28050-2011 General Standard for Nutritional Labelling of Prepackaged Foods. For nutrients that are not listed in Table 1 but are allowed by GB 14880, the labeling order shall be located after the nutrients listed in Table 1.

When the substance is used as food ingredients, the daily consumption and application range of it shall be labelled.
3. How to register a novel food ingredient that can be used as both food fortifier and food ingredient in China:

When registering a substance that belongs to both food fortifier and food ingredient, the purpose of adding, applicable population, application range and daily consumption shall be taken into consideration.

‘Food Fortifier’ is defined by GB 14880 as a natural or synthetic nutrient that is added into food in order to increase the nutritional value of the food. In China, food fortifiers belong to food additives, therefore, they shall be applied for approval as novel food additives.

Administrative Measures for the Safety Review of Novel Food Ingredients (2013) and Regulation of Declaration and Acceptance Requirements for Novel Food Ingredients defined the ‘Novel Food Ingredients’ as the following items that are not been traditionally eaten in China: Animals, plants and microorganisms; Components separated from animals, plants and microorganisms; Components with altered original structures; Other newly developed food ingredients. Substances meet the abovementioned requirements shall be applied for registration if the substances are intended to be used in food production.

If a substance is intended to be used in general foods, with varied applicable population (e.g., only excluding infants, pregnant and lactating women or without limitation), with a wide range of application (suitable for multiple types of foods) and the daily consumption is not low, it is generally to be registered as novel food ingredient. While, the allowed dosage of food fortifiers is generally small and the application range is relatively narrow. Also, the approval requires the demonstration of the necessities, effects and others of using certain food fortifier.

Additionally, if a substance has been registered as food fortifier, it cannot be approved as novel food ingredient according to the Regulation of Declaration and Acceptance Requirements for Novel Food Ingredients issued in 2013. On the contrary, if a substance is firstly registered as novel food ingredient to be used in general foods, it is also possible to be approved as food fortifier afterwards, taking Yeast β-glucan as an example.

Enterprises shall choose to declare, according to their own needs. Global Foodmate provide registration services of novel food ingredients and novel food additives for domestic and overseas enterprises, please feel free to contact Global Foodmate. 

Please note: The original article of Global Foodmate Information Service and Business Department, please indicate the source from the Global Foodmate if reprint.

Press release: link

Review of the First Year of Infant Formula New Policy by Nikolaas Tilkin-Franssens

Review of the First Year of Infant Formula New Policy

2018 was the first year that the infant formula registration system was established. With the rise of industry barrier in 2018, the companies that had gained formulation registration approval take their advantages to rush into the infant formula market and the competition intensified. Meanwhile, the slowing registration approval process in 2018 also made many companies that are still in the waiting list suffer.

1. Registration approval process slowed down

At the end of 2017, a total of 940 formulations of infant formula from 128 manufacturers had been approved, of which 93 were domestic manufacturers and 35 were overseas manufacturers. However, by the end of 2018, only 255 formulations received approval. It is estimated that more than 500 formulations are still waiting to be approved.

Generally speaking, the approval process was more stringent in 2018 than in 2017. The General Administration of Market Regulation has placed more emphasis on food safety. It was required to conduct on-site inspections of overseas manufacturers. The expert panel had already reviewed certain countries, but Australian and New Zealand have not yet been scheduled, thus an extending of the approval time was expected.

2. Infant formula market became more concentrated

Since the implementation of the infant formula registration system, more than 70% of the small and medium scale brands have been eliminated. Branded enterprises that have gained registration approval strengthened their competitiveness, thus the infant formula market became more concentrated.

According to an independent dairy analyst, during this market integration, domestic manufacturers seized more opportunities by adjusting their channel policies, compared with foreign manufacturers. The active channel policy is competing for the market share in small and medium scale cities (estimated market size of 10-15 billion RMB). Therefore, the performance and market share of domestic brands increased significantly.

Compared with the rapid growth of large-scale enterprises, however, some small business lost their competitiveness in the market. The number of infant formula brands in the market has already decreased due to the new policy, but the problem of oversupply and product homogeneity still exists. Next, the market might enter into the strangling stage of ‘Law of Jungle’.

Please note: Original article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint.

Press release: link

Comparison of Food Safety Supervision & Sampling Plan-- 2019 vs 2018 by Nikolaas Tilkin-Franssens

On 25 December, 2018, State Administration for Marketing Regulation (SAMR) solicited public opinions on 2019 Food Safety Supervision &Sampling Plan.

Global Foodmate recently compared 2019 Food Safety Supervision & Sampling Plan (hereafter referred to as ‘2019 VERSION’) with 2018 Food Safety Supervision & Sampling Plan (hereafter referred to as ‘2018 VERSION’), and now briefly introduces the changes in food categories and sampling items.

Revision of food categories:

2019 VERSION shows a more detailed classification of food categories, which includes 181 food categories and 14 more than that in 2018 VERSION (167 food categories).

Changes of food categories are as follows:

a. Revising names of 2 food categories:

‘Deeply processed aquatic products’ is revised as ‘Other aquatic products’, ‘Bottled (barreled) of drinking water’ is revised as ‘Packaged drinking water’.

b. Adding 2 food categories:

‘Food supplements for pregnant and lactating women’ and ‘Salt’.

c. Elaborating 2 food categories:

‘Other edible oils (semi-refined, fully refined)’ is classified into ‘Rapeseed oil’, ‘Soybean oil’, ‘Edible plant blending oil’ and ‘Other edible oils (semi-refined, fully refined)’.

‘Sugar (white granulated sugar, white soft sugar, brown granulated sugar, rock sugar, cube sugar, golden slab sugar, etc.)’ is classified into ‘White granulated sugar’, ‘White soft sugar, ‘Brown granulated sugar’, ‘Brown sugar’, ‘Rock sugar’, ‘Cube sugar’, ‘Golden slab sugar’ and ‘Other sugars’.

The sampling items of the elaborated food categories are also clearly specified.

Revision of sampling items:

a. Increasing sampling items of 51 food categories

b. Decreasing sampling items of 99 food categories

c. Revising sampling items of 13 food categories

Press release: link

Analysis - Fraud and False Propaganda of Food and Health Food by Nikolaas Tilkin-Franssens

In July, 2017, 9 Chinese authorities including the Food Safety Office of the State Council jointly issued the Notice of Rectification Work on Fraud and False Propaganda of Food and Health Food.Since the rectification work was carried out, local food regulatory authorities have collected many illegal evidences by conducting thorough investigations and random inspections, receiving complaints and reports from the public.

On 29 June, 2018, in order to further strengthen the supervision of food and health and to provide a friendlier environment for consumers, the rectification work was extended to the end of 2018.

Till the end of October, 2018, food regulatory authorities at all levels investigated and punished 49,000 cases of violations with goods worth 1.71 billion RMB and the police arrested 8,900 criminals. In addition, SAMR announced 10 cases of food fraud and false propaganda recently in December, 2018.

Global Foodmate analysed the published cases and found out the main methods for fraud and false propaganda of food and health food are as follows: 

1. Conducting food production and operation activities without permission

2. Selling imported prepackaged food without Chinese label

3. Producing foods that are not within the approved contents

4. Unauthorised changes of production processes

5. Illegal addition of non-edible substances such as drugs

6. Illegal promotion via such as conference, health lectures, expert hotline, internet, TV, radio, etc.

7. Claims of disease prevention or treatment

8. Labeling with false or illegal advertisement

9. Bogus products

10. Other violations

SAMR always be very stringent about the fraud and false propaganda of food and health food and will severely punish the violation activities. Meanwhile, authorities will promptly take control measures of the involved food and identify the source of the food. Authorities also supervise involved enterprises in order to promptly recall, suspend selling, destroy or conduct other measures to prevent the involved food re-entering into the market.

A recent case:

Illegal conference of promotion food held by Hongrui Lebang Company (hereafter referred to as ‘COMPANY’). In August, 2018, the COMPANY misled elderly people by ‘brain-wash’ promotion to believe that the collagen peptide solid drinks sold by COMPANY have the disease treatment function.

Illegal fact:

The activity violated Paragraph 1 of Article 8 of Anti-Unfair Competition Law of the People's Republic of China, which was deemed as false propaganda. 

Penalty result:

A penalty of 1 million RMB was imposed to COMPANY. Given the fact that COMPANY did not cooperate with the investigation and deliberately concealed the illegal facts. Furthermore, the amount of money involved was huge and the social influence was bad. COMPANY was suspected of committing crimes and was transferred to the police department.

Press release: link

Market and Regulation Review of Sports Nutrition Food in China by Nikolaas Tilkin-Franssens

1. What is sports nutrition food in China?

(1) According to GB 24154-2015 National Food Safety Standard General Standard for Sports Nutrition Food, the definition of sports nutrition food in China is:

Food specially processed to meet the physiological metabolic state, athletic ability and special requirements for certain nutrients of sports population (refers to people who participate in physical exercise 3 times or more per week, each time lasts for 30 min or more, and each time exercise intensity reaches medium or above)

(2) Sports nutrition food belongs to the FSDU (Food for Special Dietary Uses)

The FSDU is divided into the following 4 categories:

       a. Infant formula food

       b. Infant auxiliary food

       c. Food for special medical purpose (FSMP)

       d. Others (Including auxiliary food supplements, sports nutrition food and other special dietary foods with corresponding national standards)

2. Market development trend of sports nutrition industry in China

(1) Fast growth of the sports nutrition food market in China with promising future

Since 2015, the sports nutrition food market in China has been rapidly growing with a market size of $ 206.1 million in 2017. The market size of sports nutrition food in China experienced a CAGR of 37.3% between 2013-2017. The year on year growth in 2017 reached 47% and is far higher than that in global and American markets. The market of sports nutrition food in China is still in an early development stage and a large potential awaits to be fulfilled.

(2) China issued a series of favorable policies to support the sports nutrition industry which brought great opportunities for development:

      a. Several Opinions on Accelerating Development of the Sports Industry to Promote Sports Consumption (No.46)

      b. The ‘13th Five-Year Plan’ for Sports Development 

      c. National Fitness Program (2016-2022)

      d. Health China 2030

      e. Ice and Snow Sports Development Plan (2016-2025)

      f. National Nutrition Program (2017-2030)

(3) The growing enthusiasm for national fitness is booming the development of sports nutrition industry. The proportion of the sports population in China is not high but there is an obvious sign of rise and giant development space compared with the developed countries, which indicates huge consumption potential. Meanwhile, with the increases of GDP per capita, the pursuit by the public of food nutrition and health shows great-leap-forward development. More and more attention has been paid to all kinds of sports food under segmented scenes, and the consumers yearn for the safe, nutritious, healthy and qualified foods and are more likely to choose the brand enterprises.

3. Regulations and standards review and production permission of sports nutrition food in China

(1) During 2004-2015, Chinese government promoted the establishment of regulations and standards of sports nutrition food, which granted sports nutrition food the legal position in Chinese market.

2004—Proposed to establish Chinese General Standard for Sports Nutrition Food

2006—Promulgated and implemented 5 Sports Nutrition Food Industry Standards

2009—Promulgated and implemented National Standard for Sports Nutrition Food

2015—Promulgated National Food Safety Standard General Standard for Sports Nutrition Food

(2) According to the product property and sports characteristics, sports nutrition food is divided into 6 categories:

       a. Protein supplement

       b. Speed powder class

       c. Endurance class

       d. Energy control class

       e. Energy supplementary class

        f. Post-exercise recovery class

 

(3) SC (production license) of sports nutrition food in China

For now, only 3 provinces/ municipalities, namely Beijing (12 July, 2017), Guangdong (19 June, 2018), Heilongjiang (29 September, 2018) in China have issued the Sports Nutrition Food Review Program (Trial) where enterprises could be granted SC for sports nutrition food.

(4) Labeling regulations for sports nutrition food

GB 7718-2011 National Food Safety Standard General Principles for Labels of Prepackaged Food stipulates the basic labeling requirements for labels of prepackaged food (including FSDU). GB 13432-2013 National Food Safety Standard Label of Prepackaged FSDU) stipulates the special labeling requirements of FSDU. The labels of FSDU shall be in accordance with GB7718 and GB13432. For prepackaged FSDU that meets the content claim requirements of GB13432, if functional claims are made on energy and/or nutrition ingredients, the terms of functional claims shall be the standard terms of functional claims specified in GB 28050-2011 National Food Safety Standard General Principles for Nutrition Labels of Prepackaged Food.

Press release: link

Can Imported Infant Formula Catch the Express Train of Cross-border E-commerce (CBEC) under the New Policy in China? by Nikolaas Tilkin-Franssens

The imported infant formula has been very popular in the cross-border e-commerce field, the purchasing volume has been growing over the years. Recently, 3 notices about cross-border e-commerce retail were published by Chinese authorities, which will all come into force on 1 January, 2019.

Namely,

(1) Notice of 6 Ministries including Ministry of Commerce about ‘Strengthening the Supervision of Cross-border E-commerce Retail’ (hereafter referred to as ‘NOTICE’) (published on 28 Nov., 2018).

(2) Notice of 3 Ministries including Ministry of Finance about ‘Improving the import Tax Policy of Cross-border E-commerce Retail’ (published on 29 Nov., 2018).

(3) Notice of 13 Ministries including Ministry of Finance about ‘Adjusting the List of Cross-border E-commerce Retail import Products’ (hereafter referred to as ‘LIST’) (published on 20 Nov., 2018).

According to the NOTICE, products (ONLY for self-use, reselling prohibited) imported via cross-border e-commerce channel will no longer be required for the first-time import license, registration or filing since 1 January, 2019, which will be considered as personal use and will be applicable to the following 37 pilot cities:

Beijing, Tianjin, Shanghai, Tangshan, Hohhot, Shenyang, Dalian, Changchun, Harbin, Nanjing, Suzhou, Wuxi, Hangzhou, Ningbo, Yiwu, Hefei, Fuzhou, Xiamen, Nanchang, Qingdao, Weihai, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen, Zhuhai, Dongguan, Nanning, Haikou, Chongqing, Chengdu, Guiyang, Kunming, Xi'an, Lanzhou, Pingtan.

Products with tariff number of 19011010 ‘Formulated milk powder’ are found in the LIST and infant formula belongs to this category. Meanwhile, the remark of ‘excluding the infant formula that is required for registration by Food Safety Law’ for ‘Formulated milk powder’ that occurred in the previous version of list in 2016 is also deleted.

In conclusion, importing infant formula via cross-border e-commerce does not require to obtain the formulation registration approval in those 37 pilot cities. However, infant formula that is imported in non-pilot cities still is subject to market supervision through general trade and needs to register its formulation according to relevant laws and regulations.

The new import policy of cross-border e-commerce retail brings great benefit to some overseas enterprises that have not obtained the approval of formulation registration in China. Global Foodmate believes that the implementation of the new import policy will also further expand the import scale of mainstream products such as milk powder via cross-border e-commerce channel.

Press release: link

GB7718 Interpretation "Pre-packaged Food Labeling Standards" Opinion Draft by Nikolaas Tilkin-Franssens

On November 26th, 2018, the National Food Safety Standards Review Committee issued the GB7718-201X "General Rules for the Labelling of Prepackaged Foods" drafting for comments. Global Foodmate compiled the important changes and main modifications in the following contents:

 (1) Terms and definitions

1. Increase the attribute name definition. “Special characteristics of one or more foods such as ingredient characteristics, process characteristics, food category”.

2. Modify the date of manufacture: "The date the food becomes the final product."

 (2) Basic requirements

1. Adjusted the requirement to use foreign or traditional characters at the same time. It may include the following two conditions:

1) pre-packaged food produced domestically but exported to other countries or regions;

2) imported pre-packaged food.

2. When the maximum surface area of the package or packaging container of the prepackaged food is more than 40 square centimeter, the height of the text, symbol and number of the mandatory labeling content shall not be less than 2.0 mm.

(3) Label Content

1. Added provisions for the labeling requirement of imported prepackaged foods.

2. Revised the regulations on food names.

3. Revised a number of provisions in the ingredient list.

(1) The basis for determining the order of declining ingredients is “calculated by quality”.

(2) Marking of compounded ingredients composition: When all or part of the original ingredients in the compound ingredients are the same as the other ingredients in the food, the relevant ingredients may also be combined and calculated according to the decreasing order of the total amount in the final product.

(3) Food additive labeling rules: It is required to use the food additive INS number instead of the specific name of the food additive when the label area is less than 40 square centimeter.

4. Revised part of the quantitative labeling of ingredients content.

(1) Emphasis on the addition of a certain ingredient: Emphasize the need to indicate the content when adding or containing ingredients, and explain the specific way of quantitative labeling.

(2) Reference to a certain ingredient or ingredient in the name of the food: the amount of the ingredient or ingredient added or the amount in the finished product should be indicated.

(3) Emphasize that there is no or no added ingredient: the standard revision adds provisions for the words “none” and “excluding”. When these words are required, the corresponding ingredients or ingredients should be “0”. .

5. Adjusted the relevant description of net content and specifications.

The manner in which the various casings of animal or plant origin are marked is clearly indicated by the length "meter".

6. Increased the requirements for the origin of imported prepackaged food.

7. Adjusted the relevant requirements for date marking.

8. Clearly import foods do not need to be marked with a production license number.

9. Adjusted the requirements for sensitizing substance labeling:

(1) Mandatory labeling: Direct use of sensitizing substance ingredients in production and processing. However, if non-protein parts are used, they are exempt from labeling.

(2) suggestive labeling: sensitizing substances may be introduced during production and processing

10. Add requirements for special approved foods.

11. Added provisions on the labeling of food groups:

a) foods requiring special approval;

b) foods for specific food groups have been specified in national standards, industry standards and local standards;

c) Foods that have been sufficiently scientifically proven to meet the special nutritional needs of different populations.

12. Exemption from the relevant labeling content.

A pre-packaged food ingredient list made from a single ingredient is exempt from the ingredients that have been volatilized or removed during processing.

Press release: link

From January 1, 2019, Both China and Australia Are Going to Exempt Most of Customs Duties by Nikolaas Tilkin-Franssens

On November 8th, State Councilor and Foreign Minister Wang Yi held the fifth round of China-Australia diplomatic and strategic dialogue with Australian Foreign Minister Payne in Beijing.

According to the China-Australia Free Trade Agreement, since 2015, China and Australia have carried out four tariff reductions, and imports of goods tariffs from Australia have begun to gradually reduce. A considerable number of commodities will achieve zero tariffs within five years. China and Australia will carry out the fifth round of tariff concessions on New Year's Day in 2019. By then, almost all goods in bilateral trade will enjoy zero tariffs.

At present, China is Australia's largest trading partner and the largest export destination country. Australia is China's sixth largest export destination. In 2017, the bilateral trade volume between China and Australia was US$136.26 billion, increased by 25.9% compared to the year-on-year data.

Australian Minister of Trade, Tourism and Investment Simon Birmingham said: "From January 1th, 2019, after 8 weeks, all Chinese goods entering Australia will be exempt from customs duties. China will also cancel the import product customs tariffs on a range of Australian products, including wine, infant formula and hone that have been exhibited on the CIIE".

In addition, Chinese and Australian companies signed 11 agreements which will effect for 5 years with a total value of nearly 15 billion Australian dollars (about 75.8 billion yuan). Covers a range of industries including travel, resources, infrastructure, e-commerce, and logistics services.

Press release: link

What Infant Food Supplements Are Unqualified in the "National Inspection" ? by Nikolaas Tilkin-Franssens

On November 13th, the State Administration of Market Regulation (SAMR)issued a sampling notice. The General Administration of the People's Republic of China recently conducted random inspections on 11 batches of special dietary foods from 6 enterprises in 4 provinces. One batch of infant food supplements failed to pass the sampling test, and the others were all qualified.

1.Unqualified product situation:

A batch of fruit and wheat flour infant food supplements with the trademark "momo", the origin of the product in Taiwan, China, the sodium detection value in the sampling is lower than the labeled amount “80% of the value” indicated on the product packaging label.

2.Unqualified analysis:

According to GB10769 National food safety standard Cereal-based complementary foods for infants and young children: sodium content ≤ 24.0mg/100kJ, the label value in this product is 6.09mg/10kJ, in line with product standards.

In the actual sampling process, the actual detection value of sodium for the product is 3.09mg/100kJ, which is lower than the labeled amount 80% of the product label value, which violates the GB13432 (National Food Safety Standard Prepackaged Special Dietary Food Label) section 4.3. 3 The actual content of energy and nutrients should not be less than 80% of the indicated value and should meet the requirements of the corresponding product standards.

3.Sampling inspection of unqualified products:

The food production enterprises and importers are enforced to trace their flow of products, recall unqualified products, analyze the reasons for rectification, and immediately take measures such as taking off the shelves and stopping sales to control the risks.

Press release: link

Notice on Organizing Drafting Technical Guidelines for Clinical Trials of Specific Full Nutrition FSMP Issued by SAMR by Nikolaas Tilkin-Franssens

In order to improve FSMP registration management, guide the clinical trials research and standardize the clinical trials process of specific full nutrition FSMP, ensure the scientificity and reliability of clinical trials results, protect the safe rights of consumers, the SAMR plans to public solicitate the research institutes on the technical guidelines for clinical trials of specific full nutrition FSMP. The notice is as follows:

1.The projects information

The technical guidelines for clinical trials of specific full nutrition FSMP for 8 diseases types including respiratory disease will be organized.

2.Requirements for applicants

The applicant shall be a drug clinical trial institution in the relevant field with the nutrition department and professional department related to FSMP studied and meet the conditions to carry out clinical trials research on FSMP, also has the preliminary scientific basis and relevant research work experience that could provide corresponding guarantee conditions to ensure to complete the drafting of technical guidelines timely and quality.

3.The application method and deadline

Please fill in the application form of the technical guidelines for clinical trials of specific full nutrition FSMP according to the requirements, and send the paper version (sealed, in triplicate) and the electronic version to the special food division of the SAMR before

Press release: link

A Picture to Know Cross-Border E-Commerce Import Retail Policy by Nikolaas Tilkin-Franssens

On the 21st of November, Premier Li Keqiang chaired the State Council executive meeting and decided to continue and improve the cross-border e-commerce retail import policy and expand the scope of application, and expand the opening to stimulate the consumption potential. Global Foodmate has reviewed the changes in cross-border e-commerce retail import policies and the latest policy contents in recent years in the form of long picture. Please the image via the following link

The Newly Infant Formula Registration Approval List in China by Nikolaas Tilkin-Franssens

On October 17, 2018, the State Administration of Markets and Regulation(SAMR) announced the latest batch of approved infant formula registration, including 18 formulas from Zhangjiakou Chaer Dairy Co., Ltd. and Hulunbeier Newtech Dairy Co., Ltd. (See the table in the end of the article).

 

According to the statistics from Global Foodmate, compare this batch to the last time (August 14, 2018) registered milk powder formula companies approval list, all the brands are domestic dairy brands in China. As of today, 1,195 recipes have been approved. Among them, there are 918 formulas registered by domestic enterprises, and 277 formulas of overseas enterprises are registered.

 

Since February of this year, the speed of work related to the registration of milk powder formula has started to slow down from the second half of last year. According to sources from the industry, there are still more than 100 overseas formulations that have already submitted applications that have not yet been approved.

 

In fact, the current regulatory authorities have also given guidance on new situations that have emerged during the advancement of the milk powder formula registration process. On July 26th, the State Administration of Market Regulation issued an announcement on the official website on the public consultation for the “Guidelines for the Registration of Ingredients for the Formulation of Infant Formula Milk Powder Products (Draft for Comment)”: According to the above announcement, during the validity period of the registration certificate, under the conditions that the types of raw materials are unchanged, the order of ingredients and the table of nutrients are unchanged, the use of food raw materials and food additives during actual production is allowed to be reasonably fluctuated or adjusted within a certain range, and enterprises do not need to apply for product formula change registration. However, if there is a significant difference before and after the product formula change, the nutrient composition table changes, and the type of production process (wet process, dry process, dry-wet combination process) changes, it is not within the scope of product formula change, the enterprise should re-apply for Product formula registration.

Press release: link

Source: Global Foodmate

GAC | SAMR Announcement on FSMP Registration Verification Certificate by Nikolaas Tilkin-Franssens

In order to further optimize the business environment at the port and improve the level of cross-border trade facilitation, the General Administration of Customs and the State Administration of Market Regulation have decided to implement electronic data network verification for five types of regulatory documents such as the Registration Verification Certificate for Food for Special Medical Purposes (FSMP). The relevant matters are hereby announced as follows:

1. From the date of publication of the announcement,which is October 17th 2018, the “Registration Verification Certificate for FSMP”, “Health Food Registration Certificate or Health Food Filing Certificate” and “Infant Formula Milk Powder Product Formula Registration Certificate” (hereinafter referred to as the certificate) will be implemented nationwide and checked through networked verification of electronic data and electronic data of import and export goods declarations.

2. Starting from November 1, 2018, the implementation of the "Compulsory Product Certification Certificate or Proof document", "Special Equipment Manufacturing License and Type Test Certificate" electronic data and verify the electronic data of import and export goods declaration form have been implemented nationwide.

3. The relevant departments from SAMR shall issue certificates according to relevant laws and regulations, and transmit the electronic data of the documents to the GAC. The customs shall conduct verification check in the customs clearance and handle the import and export procedures as required. The network can verify the documents issued before the implementation, and the enterprise can handle the import and export procedures with the customs within the validity period.

4. Customs declaration agency enterprises may declare to the customs in a paperless manner in accordance with the provisions of the paperless reform of customs clearance operations. Due to the audit requirements of the customs and SAMR’s departments or computer management systems, communication network failures, etc., it can be transferred to a paper customs declaration or additional paper documents.

5. Enterprises can log in to China's international trade “single window” to check the electronic data transmission status of the documents.

6. The China Custom Port Electronic Data Center is the technical support department for network verification information.

Press release: link

Source: Global Foodmate

Letter from the SAMR on Public Consultation Opinions on the Naming of Health Foods (Draft for Comment) by Nikolaas Tilkin-Franssens

In order to further standardize the name of health food products, according to the "Regulations on the Registration and Recording of Health Foods" and the "Detailed Rules for the Examination and Approval of Health Food Registration and Review" (2016 Edition), the SAMR organized the drafting of the Health Food Naming Guide. (Draft for Comment), is now open for comments.

Health Food Naming Guide (draft for comments)

In order to standardize the registration and filing of health food product names, in accordance with the “Regulations on the Registration and Filing of Health Foods” (hereinafter referred to as the “Measures”), “Working Rules for the Examination and Approval of Health Food Registration and Review” (2016 Edition), etc., develop this guide. This guide applies to the registration and filing of health food products within the territory of the People's Republic of China.

1. The basic principles of health food naming

(1) It complies with relevant national laws and regulations.

(2) Follow the rule of one product only corresponding with one name.

(3) Reflecting the true attributes of the product,using concise, easy to understand  lines with Chinese language habits.

(4) It shall not involve the claims such as prevention and treatment of diseases, and shall not mislead or deceive consumers.

2. The health food name composition

The name of the health food consists of the trade name, the common name, and the attribute name.

3. The health food content may not contain:

(1) The trade name and common name shall not contain the following contents:

i)       Words that are false, exaggerated, or absolute;

ii)     Words that express or suggest disease prevention and treatment functions;

iii)    Vulgar or words with feudal superstition;

iv)    Words such as human tissues and organs;

v)     Symbols other than "®";

vi)    Other words that mislead consumers.

The name of the health food shall not contain the names of people, places, Hanyu Pinyin, letters and numbers, etc., except that the registered trademarks have the names of the raw materials containing the letters and numbers that conform to the state regulations.

(2) The generic name may not contain the following contents:

i)        The generic name of the registered drug, except for the name of the raw material or the approval of the health food registration;

ii)       The name of the health function or the text related to the health function of the product;

iii)     Abbreviated names of raw materials that are misleading;

iv)      Other words prohibited by laws and regulations.

4. The health food name declaration and review requirements

(1) Health food name and brand name declaration and review requirements

(2) Requirements for the declaration and review of the generic name of health food products

(3) Health food name and property name declaration and review requirements

(4) The same formula and the same name declaration and review requirements

(5) Declaration and review requirements for special labelling of health food names

Press release: link

Source: Global Foodmate

How to Dispose of Food Beyond Expiration Date And Recycled Food? by Nikolaas Tilkin-Franssens

Improper handling of expired food cause major food safety issues.

At present, many supermarkets and distributors often return the food near or beyond the expiration date to the manufacturer in order to save the cost of disposing expired food. This is a common practice in the food industry, even many distributors have written it into their contracts with the manufacturers.

So How to dispose of foods beyond their expiration date and recycled foods? What are the laws and regulations for foods beyond their expiration date and recycled food in China?

I. DEFINITION

1. Expiration date

Expiration date means the date which signifies the end of the period under any storage conditions stated on the label of the prepackaged food, during which the quality of the product will be preserved and the product will remain fully marketable and retain the specific qualities for which tacit or express claims have been made on its label.(GB 7718-2011)

The expiration date of prepackaged food is the period to maintain the quality of food, which is exactly the best edible period. It is determined by the producer after scientific verification and provided to consumers through labels and other means.(Implementation guide for GB 7718-2011)

The expiration date is the time limit for food to maintain quality under certain storage environment parameters such as temperature, humidity and light.(T/CNFIA 001-2017)

2. Recycled food

According to the notice of former AQSIQ on the issues about prohibiting the use of recycled food as raw materials in food production and processing, the recycled food includes:

(1) all kinds of food and semi-finished products recycled by food production and processing enterprises within expiration date;

(2) all kinds of food and semi-finished products that have exceeded the expiration date recycled by food production enterprises;

(3) stop selling products for various reasons and returned all kinds of food and semi-finished products to food manufacturer and processing enterprises by wholesalers and retailers;

(4) all kinds of food and semi-finished products detained and confiscated by administrative law enforcement agencies due to product quality and safety problems.

II. How to dispose of food beyond expiration date and recycled food?

1. National laws and regulations

1) Food Safety Law

Article 54: food traders shall store food in accordance with the requirements for ensuring food safety, regularly check the food stock and clean up food timely that has gone bad or has exceeded the shelf life.

2) Notice of the former CFDA on further strengthening the supervision of food beyond the expiration date

Shall clean up the food timely and take measures such as discontinue operation and separate storage to withdraw from the market. If food traders and food producers or suppliers have provisions for the food return, they shall go through the return procedures in time according to the contract.

Shall dispose food beyond their expiration date and recycled food strictly. Food producers and marketers shall comply with the provisions of the food safety law and other laws and regulations, carry out harmless treatment or destruction (packaging shall be destroyed at the same time), and can also be converted into feed or fertilizer through recycling by qualified corporations. If destruction is necessary, it shall be done by itself or by a authorization to destroy the food according to the specific situation such as the variety and quantity of the food to be destroyed, and it shall not affect food safety again.

Food producers and operators shall establish food standing books to record the expiration date of their food products. Record truthfully and keep the available image data, and keep the related records for at least two years.

3) Notice on prohibiting using the recycled food as raw materials in food production and processing

The records shall include the product name, specification, batch number, production date, return date, return quantity, destruction site, destruction method, destruction quantity, destruction time, personnel in charge, etc. More than 2 persons should be present and sign when destroying the food.

2. Local laws and regulations

In addition to the national laws and regulations mentioned above, some municipal laws and regulations have their own requirements:

The Heilongjiang province food safety act stipulates food producers and traders shall regularly check the food stock and sales of food, food raw materials, if food, food raw material are found that has been deteriorating or exceed the expiration date, it shall be immediately stopped using for food production and sales, and disposal or destroy, and to set up a disposing or destroyed records, It shall not be returned to the suppliers or producers. The record shall be kept for at least two years.

The Shanghai city food safety act stipulates that food producers and operators are prohibited from returning food and food additives beyond expiration date to the relevant production and marketing enterprises.

The measures for the administration of food products near and beyond expiration date of Guangzhou also stipulates that food operators shall remove food products from shelves, sort, check, seal and keep records in a timely manner, and shall not return the products to food suppliers. The destroyed food shall be disposed in accordance with the relevant provisions. In addition, large and medium-sized food supermarkets shall set up special food sites for centralized destruction beyond expiration date, install video monitoring equipment, and clearly record the food destruction process. The record keeping period of video monitoring data shall be at least 30 days. The food producer or business operator shall fill in the transfer list, and the term of preservation of the transfer list shall not be at least 2 years.

III. Summary

At present, the main disposal methods for food beyond expiration date and recycled food by national laws and regulations are timely cleaning, harmless treatment, self-destruction or commissioned destruction, and establishing the destruction records and the available video data are kept synchronously. Relevant records shall be kept for at least two years.

In addition, Guangzhou also stipulated that the destroyed food should be treated comply with the relevant provisions of garbage disposal. Where large and medium-sized food supermarkets self-destruct foods beyond expiration date, they shall also set up special food sites where centralized destruction is taking place. Food producers and traders entrusted with the destruction shall also fill in the delivery list, and the storage term of the delivery list shall be at least 2 years.

Can expired food be returned to the manufacturer? According to the notice issued by former CFDA, if food traders have provisions on the return of food with food producers or suppliers, the return procedures shall be handled timely according to the contract. If the expired food returned to the manufacturer, the potential risk of re-entering the market after a makeover cannot be fundamentally eliminated. At present, some regions have more stringent regulations. Shanghai, Heilongjiang and Guangzhou have all banned food producers from returning food/raw materials beyond expiration date to their suppliers or producers.

Press release: link

From October 1, 2018, the "QS" Logo may no longer be used in Food Production by Nikolaas Tilkin-Franssens

The newly revised Food Safety Law was implemented as early as October 1, 2015. As a new amendment to the Food Safety Law, the Food and Drug Administration Regulations formulated by the former China Food and Drug Administration. The method is also implemented simultaneously. In order to guide local food and drug supervision and administration departments to conscientiously implement the production license system for food (including food additives, the same below), the State Food and Drug Administration issued a notice on the relevant matters implemented by the Measures. The notice clarifies that from October 1, 2018, food produced by food producers may no longer use the original packaging, labels and "QS" mark.

Please note: the food "QS" logo has been phased out; replaced by "SC" plus 14 Arabic numbers

After the implementation of the Measures, the food “QS” mark has been phased out within three years.

The legal basis for the “QS” mark on food packaging was “Regulations on the Administration of Production Licenses for Industrial Products”. With the adjustment of food supervision and management institutions and the implementation of the new Food Safety Law, the Regulations on the Administration of Production Licenses for Industrial Products It is no longer the basis for food production licenses.

Therefore, the elimination of food "QS" is strictly enforced by laws and regulations, because the new "Food Safety Law" clearly stipulates that the food production license number should be marked on the food packaging. Also,the food production license mark is not required to be marked. Second, the new food production license number can fully meet the purpose of identification and inquiry. The new food production license number is composed of the letters "SC" plus 14 Arabic numerals. Third, the abolition of the “QS” mark is conducive to enhancing the food producer's awareness of food safety.

From October 1, 2018, the "QS" logo may not be used in food production.

After the implementation of the Measures, the newly certified food producers shall mark the new food production license number on the food packaging or label, and no longer mark the “QS” mark. In order to fully implement the new production licensing system as soon as possible, and to avoid the waste of producer packaging materials and food labels, the "Measures" gives producers a maximum of three years of transition, that is, production on October 1, 2018 and beyond. The food must not continue to use the original packaging and labeling and the "QS" logo.

What does the “food category code” mean in the food production license number?

The food and food additive category code is identified by 3 digits. Specifically, the first digit represents the food and food additive production license identification code, the Arabic number “1” stands for food, and the Arabic number “2” stands for food additive. The second and third digits represent the food and food additive category numbers.

The food category numbers are sequentially identified in the order of the food categories listed in Article 11 of the Measures for the Administration of Food Production Licenses, namely: “01” for food processed products, “02” for edible oils, oils and their products, and “03” for Condiments, and so on..., "27" stands for health food, "28" stands for special medical formula, "29" stands for infant formula, "30" stands for special diet, and "31" stands for other food.

The food additive category number identification is: "01" stands for food additive, "02" stands for food flavor, and "03" stands for compound food additive.

Once the food production license number is /confirm/ied, it will not change. When the license is extended or changed in the future, the license number will not change.

Press release: link

How to Import Food Products without Food Safety National Standards by Nikolaas Tilkin-Franssens

For imported foods that do not have food safety national standards, how to export them to China?

Legal provisions

Article 93

For imported foods that do not have food safety national standards, the foreign exporters, overseas production enterprises or their entrusted importers shall submit relevant national (regional) standards or international standards to the health administrative department of the State Council. The health administrative department of the State Council examines the relevant standards and decides that it meets the food safety requirements, and decides to apply it temporarily, and formulates corresponding national food safety standards in a timely manner. imported foods or new varieties of imported food additives and new varieties of food-related products produced by using new food raw materials shall be handled in accordance with the provisions of Article 37 of this Law.

The entry-exit inspection and quarantine institutions shall, in accordance with the requirements of the health administrative department of the State Council, inspect the food, food additives and food-related products specified in the preceding paragraph. The test results should be made public.

Real Case Analysis

Mr. Li, the owner of a Chinese online store specializing in Southeast Asian snacks, often needs to travel to Malaysia and Thailand. In February 2017, Mr. Li imported a special local snack products from Malaysia that is unique in color, flavor and taste. However, at the time of returning to the country for security inspection, the Customs inspected the food carried by Mr. Li and found that there is no food safety national standard in China. In order to ensure food safety, the Customs detained the goods according to law. What should Mr. Li do?

Expert statement

In order to strengthen the review of the formulation and production process of imported foods and lower the risk of food safety, Article 93 of China's Food Safety Law stipulates that imported foods that do not have food safety national standards shall be exported by overseas exporters and overseas production enterprises. Or the entrusted importer submits the relevant national (regional) standards or international standards to the health administrative department of the State Council. In this case, since the food imported by Mr. Li has no corresponding food safety national standards in China, in order to protect the food safety of consumers and avoid food safety accidents after consumption, he should submit relevant implementation documents and national standards to the health administrative department of the State Council. After attaining the permit, which the products are approved by the department, the products can be sold in China.

Conclusion

China's laws stipulate the import food certification that does not yet have a food safety national standard. Food operators should strictly implement it, and relevant departments should conduct strict inspections.

Press release: link

Source: Global FOODMATE