Presentation from the Australian Trade Commission (Austrade)

1. China New Food Safety Law:
Comprehensive Compliance Guidance
Presenters:
Brent Moore
Austrade
Laura Wang
REACH24H Consulting Group

2. Laura Wang
Key Account Manager
Reach24H Consulting Group

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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

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Background of New Food Safety Law
Multi-head management 2 parts management
Table
MOH
MOA
MOC Table
Circulation
Farm
MOA
CFDA

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Changes of New Food Safety Law
Imported
food
Health
food
Infant
formula
Food
contact
materials
Special
dietary
food
A revolution?

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Background of New Food Safety Law
104 154
Version 2009 Version 2015
Minor modification?

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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
…

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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!

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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.

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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

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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

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Case study II - Local policies
Examples
Shanghai: Whey protein/protein
Nanjing: Whey 63%
Casein 37%
Yantai:

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