Nowadays, some consumers often buy food and demand "compensation" for "defects" reflecting the problems or "defects" in the labeling of the product, which "defects" claim "compensation" for "defects" and which "defects" can be "not compensated"? To this end, talk about your own knowledge and understanding.
Paragraph 2 of Article 125 of the Food Safety Law stipulates that if there are defects in the labels and instructions of food or food additives produced and traded but do not affect food safety and will not mislead consumers, the food safety supervision and management department of the people's government at or above the county level shall order corrections; if it refuses to make corrections, it shall be fined not more than 2,000 yuan. Paragraph 2 of Article 148 stipulates that if a consumer produces food that does not meet food safety standards or deals in food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he may also demand compensation from the producer or business operator for ten times the price or three times the loss; if the amount of additional compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, except for the existence of defects in the labels and instructions of food that do not affect food safety and do not mislead consumers. Whether the "defect" is compensated or not, the determination requirement is to see whether it is misleading to the consumer. The "defects" in these two articles of the law refer to problems with labels and instructions, and do not involve other contents. In addition to the requirements of the Food Safety Law, labels and instructions also have the provisions of standards, departmental rules and documents, such as GB7718 "General Rules for Prepackaged Food Labeling of National Food Safety Standards" and Q&A, GB28050 "General Rules for Prepackaged Food Nutrition Labeling of National Food Safety Standards" and Q&A, GB13432 "National Standard for Food Safety Prepackaged Special Dietary Food Labeling", GB29924 "General Rules for Food Safety National Standards for Food Additive Labeling" and "Provisions on the Administration of Food Labeling" , "Measures for the Administration of The Labeling of Agricultural Genetically Modified Organisms", etc. Although the National Food Safety Risk Assessment Center and the China Food Industry Association have compiled the GB7718 < General Guidelines for The Labeling of Prepackaged Food products > The National Food Safety Standard, the content of its provisions cannot be found to violate the provisions of the standard. Let's explore the following aspects:
First, the scope of use
Article 67 of the Food Safety Law stipulates that there shall be a label on the packaging of prepackaged food. The regulations are pre-packaged foods, GB7718, GB28050, GB13432 are also pre-packaged foods. This refers to pre-packaged + food, pre-packaged for pre-quantitative packaging, the product refers to food, not other products, for non-food does not belong to the scope of adjustment of the Food Safety Law, such as agricultural products, primary processed agricultural products, including soybeans, raw pork, fish, cabbage, etc., there is no "defect" and "compensation". What belongs to food, the state implements the food catalog system, on February 23, 2020, the State Administration for Market Supervision and Administration revised the "Food Production License Classification Catalog", which is divided into 32 categories, that is, the products included in the catalog belong to food.
How to determine the characteristics of tea, dried fruits, etc., which are both food characteristics and the characteristics of primary processing of agricultural products? For example, some tea leaves have a production license, and some have not handled a production license. For example, GB/T14456.4 Green Tea Part 4: Pearl tea, which is defined as: round stir-fried green tea as raw material, through screening, wind selection, shaping, picking, blending and other refining processes made, in line with certain specifications of finished tea. Round stir-fried green tea is Mao tea, Mao tea after fine processing (screening, wind selection, shaping, picking, blending) to become a finished tea, Mao tea for agricultural products primary processing products, and finished tea for food. The same dried fruit products process is: material selection → cleaning→ finishing→ color protection (or no color protection) → drying (dehydration) → (or without post-treatment) → packaging of finished products, if there is no material selection or cleaning or finishing, but there is a drying process, for agricultural products primary processing products, such as no-wash red dates GB/T26150, which is defined as: mature fresh dates or dried oak as raw materials, after selection, cleaning, drying, sterilization, packaging and other processes made of impurities can be edible dried dates. The definition uses mature fresh dates or dried oak as raw materials, where dried dates are raw materials, which are primary processed products of agricultural products. Since the process cannot be seen on the packaging, it can be understood that the certified is food, and the unlicensed is the primary processed product of agricultural products.
Are all consumers required to "compensate" for food that affects food safety and can mislead consumers?
Determination of complaints and reports: In November 2019, the State Administration for Market Supervision and Administration issued the Interim Measures for the Handling of Complaints and Reports on Market Supervision and Management, which stipulates in Article 3 of the Measures that "complaints" as used in these Measures refer to consumers who need to purchase, use goods or receive services for daily consumption, and have consumer rights and interests disputes with business operators, and request the market supervision and management departments to resolve the disputes.
"Reporting" as used in these Measures refers to the conduct of natural persons, legal persons, or other organizations reporting to the market supervision and management departments that business operators are suspected of violating market supervision and management laws, regulations, and rules.
If the consumer calls himself a "professional counterfeiter", then his behavior is not for the purpose of purchasing for daily consumption, and does not carry out "compensation", this behavior should be "reported", and should be rewarded in accordance with the provisions of the "Shandong Provincial Food Safety Report reward measures (trial)", which stipulates that the reported illegal acts are verified to be true, and the relevant departments will reward the informant according to a certain proportion of the value of the goods involved in the illegal case. The whistleblower reward is set to the following four levels:
First-level reward: the report is completely consistent with the facts of the investigation and handling, actively assist in the on-site investigation, can provide detailed key evidence and bills of illegal facts, and reward the informant according to 8-10% of the value of the goods involved in the case; second-level reward: the report is basically consistent with the facts of the investigation and handling, assist in the investigation and handling of the work, report the on-site physical evidence, documentary evidence and other effective evidence is complete, and reward the informant according to 5-7% of the value of the goods involved in the case; level three: the report situation is roughly consistent with the facts of the investigation and handling, only provide illegal clues, assist in the investigation and handling work, Reward the informant according to 2-4% of the value of the goods involved in the case; level 4: only provide clues to the case, do not directly assist in the investigation and handling work, and after verification is true, reward the informant according to 1% of the value of the goods involved in the case.
Under normal circumstances, such consumers only provide clues to the case and do not directly assist in the investigation and handling work, so the informant should be rewarded according to 1% of the value of the goods involved.
Article 15 of the Interim Measures for the Handling of Complaints and Reports on Market Supervision and Management stipulates that the market supervision and management department shall not accept complaints in any of the following circumstances: (1) the complaint is not the responsibility of the market supervision and management department, or the administrative organ does not have the authority to handle it; (2) the court, arbitration institution, market supervision and management department or other administrative organs, consumer associations or other mediation organizations established in accordance with law have accepted or handled the same consumer rights and interests dispute ;(3) It is not necessary to purchase or use goods or receive services for daily consumption, or it cannot be proved that there is a dispute over the rights and interests of consumers with the respondent; (4) except as otherwise provided by law, the complainant knows or should know that his rights and interests have been infringed by the respondent for more than three years; (5) fails to provide the materials provided for in the first paragraph and 10 of Article 9 of these Measures; (6) other circumstances in which laws, regulations, or rules provide that they are inadmissible.
For consumers of "professional counterfeiters", it is difficult to determine whether they are for the purpose of purchasing for life consumption, whether they require "compensation" many times, in order not to buy for the purpose of living consumption, there is no way or document provision, and there is currently no system that can count the information of such personnel, because its names are mostly anonymous, and the telephone number changes frequently. If a consumer calls himself a "professional counterfeiter", he or she may not be "compensated".
Which problematic foods should be "compensated"? Article 148 of the Food Safety Law stipulates that food that does not meet food safety standards refers to "food safety standards that do not meet food safety standards", rather than content other than the requirements of "food safety standards" in recommended standards. If vegetable juices and their beverages GB/T31121 stipulate that sweetened fruit and vegetable juice (pulp) products should be clearly marked with the word "sweetened" in the vicinity of the product name. However, the exception of defects that do not affect food safety and do not mislead consumers refers to the labeling and instructions of food, that is, the exclusions do not fall within the scope of "compensation".
The problems reported by the complaining consumers are mostly labelling, and the content of food labeling is introduced later. Which problematic labels are defect labels that do not affect food safety and do not mislead consumers, and which problematic labels are defective labels that affect food safety and mislead consumers? Here stipulates "food safety" and will cause "misleading consumers" when both aspects "do not affect", only "compensation" will not be given, if the impact on food safety such as: food safety indicators are not qualified, although it will not mislead consumers, should also be given "compensation".
The scope of GB7718 is applicable to prepackaged food labels that are provided directly to consumers and prepackaged food labels that are not directly supplied to consumers. Not applicable to food storage and shipping packaging labels, bulk foods and ready-made and ready-to-sell food labels that provide protection for prepackaged food during storage and transportation. GB28050 is not suitable for health food and pre-packaged special dietary food.
GB7781 Q&A is used as a specific provision for this: 1. Regarding the situation of "prepackaged food directly provided to consumers": one is prepackaged food provided to consumers by producers directly or through food operators (including catering services); the other is prepackaged food that is provided to consumers and other food producers.
Regarding the situation of "prepackaged food not directly provided to consumers": first, prepackaged food provided by producers to other food producers; second, prepackaged food provided by producers to the catering industry for use as raw materials and accessories. Such imported prepackaged food products operated by importers shall also be carried out in accordance with the above provisions.
With regard to the difference between the label markings "prepackaged food directly to consumers" and "prepackaged food not directly provided to consumers": Prepackaged food directly provided to consumers, all matters are indicated on the label. Prepackaged food not provided directly to the consumer must be marked on the label of the food name, specifications, net content, date of manufacture, shelf life and storage conditions, and other contents should be noted in the instructions or contract if not marked on the label.
Labeling situations that do not belong to the management of this standard: one is a bulk food label; the other is a food storage and transportation packaging label for the purpose of providing protection and convenient handling during storage and transportation; and the third is a freshly made and sold food label.
Such as handling cartons; when purchasing products from supermarkets, it is convenient to carry the packaging bags and boxes outside the products.
Is the product logo marked on both the inner and outer packaging of the product? GB7718 stipulates the above three labeling situations that do not belong to the management of this standard, and the "Food Labeling Management Regulations" also clearly stipulates: food labeling should be directly marked on the food of the smallest sales unit or its packaging, that is, when the product is the smallest sales unit, although the product in the minimum sales unit has packaging, it can be without labeling.
Is the product label of food processing small workshop applicable to the national standards of food safety GB7718 and GB28050? Paragraph 3 of Article 36 of the Food Safety Law stipulates that the specific management measures for small food production and processing workshops and food vendors shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Article 127 stipulates that the punishment of illegal acts of small food production and processing workshops, food vendors, etc., shall be carried out in accordance with the specific management measures formulated by provinces, autonomous regions and municipalities directly under the Central Government. Article 21 of the Regulations on the Administration of Small Food Workshops and Food Stalls in Shandong Province stipulates special provisions on product labeling, that is, the national standard for food safety GB7718, but there is no provision in the Regulations that the food labeling of small food processing workshops is not applicable to the national standards for food safety GB7718 and GB28050, but applies to the Regulations, so it is not "not in line with food safety standards", nor can it give consumers "compensation". However, the quality of small workshop products should meet food safety standards, and such problems should be punished and "compensated". For small workshops labeling problem labels, consumers can report and request rewards for reporting. Article 5 of the Measures for Rewarding Food Safety Reports in Shandong Province (Trial Implementation) stipulates that reporting the following illegal acts, which are verified to be true, fall within the scope of rewards in these Measures:
(1) Using prohibited drugs or other substances that may endanger human health in the process of planting, breeding, processing, purchasing, or transporting edible agricultural products; (2) using non-edible substances and raw materials to produce food, illegally manufacturing, selling, or using illegal additives to food, or using recycled food as raw materials to produce food; (3) purchasing, processing, or selling animal meat and its products that have died of illness, poisoning, or whose cause of death is unknown, or injecting water or other substances into livestock, poultry, and livestock and poultry products; (4) Processing and selling meat that has not been quarantined or quarantined, or meat products that have not been inspected or inspected; (5) producing or dealing in spoiled, expired, mixed with foreign substances, adulterated and adulterated with fake and shoddy food; (6) counterfeiting other people's registered trademarks to produce and trade food, forging food origins or fraudulently using other people's factory names and factory addresses, forging or fraudulently using food production license marks or other product marks to produce and trade food; (7) illegally producing, processing, or selling food that does not meet food safety standards, Or violating laws and regulations and food safety standards to use food additives beyond the scope or dosage; (8) shall obtain a license in accordance with law and engage in food production and business activities without permission; (9) other illegal and criminal acts involving the safety of edible agricultural products, food and food-related products.
2. Requirements for "defects"
Under normal circumstances, the determination of "defects" and no "compensation" should not mislead the consumer and not bring loss to the consumer.
In 2014, the Shanghai Municipal Food and Drug Administration issued the Guiding Opinions on the Handling of Cases Related to the Labeling of Prepackaged Food, in 2015 the Beijing Municipal Food and Drug Administration issued the Guiding Opinions on the Handling of Food-related Cases of the Beijing Municipal Food and Drug Administration (I), and in 2017, the Shandong Provincial Food and Drug Administration issued the Guiding Opinions on the Enforcement of the Food and Drug Regulatory System in Shandong Province (I) (Lu Food and Drug Administration [2017] No. 50). (Lu Food and Drug Supervision and Development [2017] No. 50) Document VI, on the identification of defects in labels and instructions:
The defects in the labeling and instructions of food and food additives stipulated in the second paragraph of Article 125 of the Food Safety Law include, but are not limited to, the following situations: (1) There is a typo in the use of the label text, but the typo does not produce a wrong understanding, for example: "nutrients" are labeled as "nutritional ingredients".
(b) The label text uses traditional characters, but the traditional characters do not produce misunderstandings, for example, "protein" is labeled as "protein".
(3) The use of label symbols is not standardized, but the irregular symbols do not produce misunderstandings, for example: "GB7718-2011" of the National Food Safety Standards for Prepackaged Food Labeling" is marked as "GB7718/2011".
(4) The value of the label nutrition ingredient list meets the inspection standards, but the interval between the revisions is not standardized when the value is marked, for example: the nutrition ingredient list of the food label is marked with "energy 935.2 kJ, protein 4.12 grams, saturated fatty acids 14 grams, sodium 34.5 mg", according to the "General Rules for Nutrition Labels of Prepackaged Food" (GB28050-2011), the revision intervals of energy, protein, saturated fatty acids and sodium are 1, 0.1, 0.1, 1, the label does not meet the regulations (should be labeled as: energy 935 kJ, protein 4.1 g, saturated fatty acids 14.0 g, sodium 35 mg).
(5) The labeling unit of the nutrition ingredient list is not standardized, but the irregular labeling will not produce misunderstanding, for example, the labeling unit of "energy" in the nutrition ingredient table of the food label is "KJ", which does not meet the standard "kJ".
(6) The production date and shelf life on the label are marked as "see a certain part of the package", but cannot be accurately marked in a certain part, for example: the prepackaged food label is marked "the production date is at the bottom of the product packaging", but the actual label is marked on the top of the product packaging.
(7) The height of the text, symbols, and numbers of the mandatory labeling content such as "net content" on the label is less than the specified, and the foreign text number is greater than the corresponding Chinese, but the irregular labeling will not produce misunderstanding.
(8) The labeling method and format of the specifications and net content on the label do not conform to the standard provisions, for example, "lkg" is not marked as "1000g".
(9) The name of the food marked on the label of the prepackaged food is not standardized, and the name of the food is not selected as stipulated by the national standard, industry standard, or local standard, but it will not produce misunderstanding.
(10) The foreign language translation on the label of domestic food is inaccurate, but the irregular translation does not produce misunderstanding.
The above provisions include, but are not limited to, the following circumstances, that is, other defective foods that do not mislead consumers are not listed one by one.
Third, normative and authenticity requirements
The content of the logo should be objective and scientifically based. 3.3 in GB7718 stipulates that it should be easy to understand and have a scientific basis, and it shall not indicate feudal superstition, pornography, demeaning other foods or content that violates the common sense of nutrition science. 3.4 It should be true and accurate, and it shall not introduce food in false, exaggerated, misleading or deceptive words, graphics, etc., nor shall it use font size or color difference to mislead consumers. 3.5 Consumers shall not be misled, directly or in suggestive language, graphics or symbols, to confuse the purchased food or one nature of the food with another product. 3.6 Content that has the effect of preventing or treating diseases shall not be marked or implied, and non-health foods shall not indicate or imply that they have a health effect.
"Belittling other foods" means not using labels to advertise that their products are superior to other categories or similar to other corporate products.
"Contrary to the common sense of nutrition science" refers to the use of partial generalization, shoddy, partial description of the whole, false impersonation of the true and other forms of description of a food, resulting in consumers mistakenly believing that the nutritional nature of the food exceeds other foods, contrary to scientific nutrition common sense.
"False" means that the design and production of food labels are not factual and realistic, and false and incorrect information is given on the labels.
"Exaggeration" means exaggeration of a fact or function.
"Misleading consumers" means that the information marked on the label can be a false association for consumers.
"Deceptive text and graphics" refers to the words and graphics marked on the label, causing consumers to misunderstand the true attributes of food.
For the above-mentioned general food, GB7718 has no specific examples, but the health food state issued the "Health Food Naming Guidelines", which stipulates prohibited language, and whether some terms can be used in the name of health food should be determined according to its language environment. Words that are prohibited from being expressed in health food names or used include: (1) false meanings. If the product uses chemically synthesized raw materials or only uses part of the natural product ingredients, it is expressed as "natural" or the name contains words such as ancestral, imperial, secret, court, refined, etc. (2) Exaggerated sexual meaning. Such as: treasure, spirit, essence, power, special effects, full effect, strong effect, miracle effect, efficient, quick effect, divine effect and other unrealistic terms. (3) Absolutized word meaning. Such as: the most, the first, comprehensive, all-round, special, top, crown, extreme, extraordinary, etc. (4) Words that express or imply therapeutic effects, such as: prescription, compound, medicine, medicine, treatment, anti-inflammatory, anti-inflammatory, blood invigorating, stasis removal, cough, detoxification, various disease names, etc. (5) Personal names, including medical celebrities, such as Hua Tuo, Bian Que, Zhang Zhongjing, Li Shizhen, etc. (6) Geographical names, including Zhonghua, Zhonghua, Huaxia, etc. (7) Words that are not related to product characteristics and are not easy for consumers to understand, such as: nano, genes, space, etc. (8) Vulgar or feudal superstitious words, such as: sex, god, immortal, divine elixir, etc. (9) Human tissues, organs, cells and other words, such as: brain, eyes, heart, etc. (j) Beyond the scope of claims that product functions, such as iron supplementation nutrient supplements can not be named to tonify blood or improve nutritional anemia (xi) other misleading words for consumers, such as the use of harmonic words or similar words is enough to cause consumer misunderstanding.
The Technical Guidelines for the Specification of Formula Registration Labels for Infant Formula Milk Powder Products (Trial Implementation) stipulate the prohibitive requirements for labels, and the labels shall not be marked with the following contents: (1) involving disease prevention and treatment functions; (2) express or implied health care effects; (3) express or implied functional expressions such as nootropics, increased resistance or immunity, and intestinal protection; (4) for substances that should not be contained or used in product formulas according to food safety standards, "no additives", "no inclusions" and "zero additives" (v) false, exaggerated, contrary to scientific principles or absolutist content; (vi) sources of raw materials using vague information such as "imported milk sources", "originating from foreign farms", "ecological pastures", "imported raw materials", "raw milk sources", "pollution-free milk sources", etc.; (vii) claims inconsistent with the contents of product formula registrations; (viii) the use of infant and women's images, "human emulsification", "breast milking" or similar terminology expressions; (ix) other situations that do not meet the regulations.
In the Interpretation of the Technical Guidelines for the Specification of Formula Registration Labels for Infant Formula Milk Powder Products (Trial Implementation), it is stipulated that what are the labeling requirements for the product name?
The product name shall comply with the provisions of relevant laws and regulations and national food safety standards, and shall not contain the following contents:
1. False, exaggerated, unscientific or absolutist words, such as "gold", "super", "upgrade", etc.;
2. Words involving prevention, treatment, and health care functions, such as "good sleep" and "strong body";
3. Express or imply functional expressions such as nootropic, increase resistance or immunity, and protect the intestines, such as "nootropics" and "probiotics";
4. Vulgar or feudal superstitious words, such as "noble";
5. Words such as human tissues and organs, such as "heart protection";
6. Other words that mislead consumers, such as the use of harmonic words or similar words that are sufficient to cause consumers to misunderstand, such as "parental", "maternal love", "bionic", etc.
For example, there are acidophilus acidophilus in the list of probiotic strains that can be used in health food, and Lactobacillus acidophilus has been advertised as a new resource food for dairy products, health foods, but not infant food, so the name "probiotics" is used in dairy products, such as Junlebao milk powder.
4. Food name
Food names include product names and ingredient product names in ingredient lists, and are also special names that reflect the true attributes of food, usually referring to the name of the food or the name of the food classification specified in national standards, industry standards, and local standards. How to characterize the specific names of the true attributes of food can be viewed by looking at the definitions specified in the product standard or the names specified in the food classification. Such as: GB/T 35886-2018 sugar classification, GB/T 30645-2014 pastry classification, GB/T 30590-2014 frozen beverage classification, SB/T 10671-2012 nut fried food classification, GB/T 26604-2011 meat product classification, GB/T 8887-2009 starch classification, GB/T 23823-2009 candy classification, GB/T 17204-2008 beverage wine classification, etc.
The product name does not have to use a food name that has been specified in national, industry or local standards, and an equivalent name can be used. As an equivalent name, the name of the food has the uniqueness of the category, such as: pastries to implement the standard GB/T20977 pastry general rules GB/T30645 pastry classification, of which water-adjusted fried pastries, wheat flour and water as the main raw materials to make tough dough, formed, fried into a crispy pastry, we call the red three knives. The name of the red three knives can also reflect the organoleptic characteristics of the product, the color is red, and the form is three knives.
1. The product name does not match the ingredient list:
This is a common type of food name labeling irregularities, which often occur when the food name is modified with one food and another, and the food used as a modifier has not been used in the process of product processing, misleading consumers. Such as apple flavored drinks and apple drinks: When apples or apple juice are not added to the ingredients of the product, but apple flavor is used, it should be labeled as an apple flavored drink, not labeled as an apple drink, otherwise it is misleading to consumers. In the food production license fruit and vegetable juice and its beverage production license review requirements (2017 edition), it is stipulated that when the fruit and vegetable juice (pulp) is less than 5%, it is a fruity beverage, that is, although the fruit and vegetable juice (pulp) is added, but the content is less than 5%, the product name can still not be marked as a fruit and vegetable juice beverage.
Such as confectionery products, sugar or syrup or sweetener as the main raw material, through the relevant process made of sweet food. It is based on sugar or syrup or sweetener as the main raw material, when the first place in the label ingredient list is not sugar or syrup or sweetener, but other, it can not be called a confectionery product.
Such as solid liquor: with grain and grain as the main raw material, the use of solid (or semi-solid) saccharification, fermentation, distillation, aged, blended, no edible alcohol and non-liquor fermentation produced by the fragrant flavor of the substance, with the inherent characteristics of this product liquor. If you eat alcohol with water and food additives in the ingredient list, it cannot be called pure grain wine. Pure grain liquor refers to the solid liquor method, that is, the ingredient list is marked with grain and water, and there is no other (such as food additives).
2, the name of the product should be true and scientific: for example, packaged drinking water shall not be named with one or more ingredients other than water. The labeling of packaged drinking water should comply with the provisions of the "General Principles for Packaging Prepackaged Food of National Standards for Food Safety" (GB 7718), which should be clear, eye-catching and durable, so that consumers can easily identify and read when purchasing. The name of the product packaging drinking water shall not be marked with "activated water", "small molecular mass water", "functional water", "energy water" and other unscientific content. The carrots used in the raw materials, the pattern marked ginseng, are not real.
3. The product name should conform to the definition in the product standard: such as: refined salt: with brine or salt as raw material, with vacuum evaporation salt production process, mechanical thermal compression evaporation salt production process or crushing, washing, drying process to produce edible salt. Low sodium salt: one or more of the refined salt, crushed washing salt, sun salt, etc. as raw materials, in order to reduce the sodium ion concentration and add the national allowed food additives (such as potassium chloride, etc.) processed edible salt. If the refined salt does not have food additives (such as potassium chloride, etc.) in the ingredient list and labels low sodium salts, it is misleading.
4. The product name is inconsistent with the recommended standard in the implementation of the national food safety standard. For example: the product name is marked as vermicelli, food safety national standard vermicelli GB2713 definition: potatoes, beans, cereals and other plants made of one or more edible starch as raw materials, through pulp, molding, drying (or non-drying) and other processes to make products, such as vermicelli, vermicelli, powder skin, cold powder and so on. The enterprise implements GB/T23587 vermicelli, which is defined as: strip or filament non-ready food made of sweet potato starch or potato starch or bean starch as the main raw material, and made by sizing (pasting), molding (leakage), cooling, drying or not drying (refrigerated or frozen). If the ingredient list is tapioca starch, the enterprise implements GB/T23587, which does not meet the requirements of GB/T23587 with sweet potato starch or potato starch or bean starch as the main raw material. If the enterprise implements the GB2713 standard, and other ingredients are added to the enterprise ingredient list (if vegetable juice), it does not meet the definition of GB2713: with edible starch as the raw material, this definition is the raw material, rather than the main raw material, although the standard definition implemented with the product is not consistent, but there is no exaggeration, or misleading for other products. It can be identified as a defect and ordered to change the standard.
5. For the product name of the product ingredients, the label is incomplete, whether it is a defect. For example, L-malic acid is labeled as malic acid, and the Reply Letter of the General Office of the General Administration on The Issues Related to the Labeling of Malic acid in Products Such as Thousand Flavors of Fresh Grilled Squid Shreds (Food and Drug Administration Letter [2017] No. 661) stipulates: First, malic acid includes L-malic acid, D-malic acid and DL-malic acid. The National Standard for Food Safety And the Standard for the Use of Food Additives (GB 2760-2014) stipulates that L-malic acid and DL-malic acid can be used as acidity regulators for all types of food (except for foods listed in Table A.3). Food producers using food additives L-malic acid and DL-malic acid in accordance with the law shall be clearly marked on the label of prepackaged food.
Food producers use food additives L-malic acid and DL-malic acid in accordance with the law, and mark malic acid on product labels, which do not comply with the provisions of the General Principles for Labeling Prepackaged Food of National Food Safety Standards (GB 7718-2011), and belong to "labels and instructions that are defective but do not affect food safety and will not mislead consumers".
Also understood: The food additive aspartame (containing phenylalanine) is labeled as aspartame and is a "blemish".
The "Guiding Opinions on the Handling of Food-related Cases of the Beijing Municipal Food and Drug Administration" stipulates: New food raw materials (new resource foods) labeling that can be used as ordinary food production and operation Issues: The product name or ingredient name in the ingredient list marked on the food label does not match the name of the new food raw material (new resource food) published by the health administrative department that can be used as ordinary food production and operation, and if the specific type is not identified, after investigation, If the raw materials or ingredients used are actually new food raw materials (new resource foods) announced by the health administrative department that can be used for ordinary food production and operation, the labeling is not standardized, and administrative guidance is given.
If the Aloe Vera Gel is labeled Aloe Vera Gel, only the Aloe Vera Gel in the Aloe Vera Product can be used for food production and processing, and will not be misled as other products, and is identified as a "defect". Heavy-petaled roses are ordinary foods, not food raw materials (new resource foods), raw materials are labeled as roses, and only heavy-petal roses are ordinary foods, which will not be misled as other products and are identified as "defects".
The Announcement of the Ministry of Health, the Ministry of Industry and Information Technology, the Ministry of Agriculture, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, and the State Food and Drug Administration on the Labeling Regulations for Foods Containing Aloe Vera Gel of Curaçao stipulates that the main page of food packaging with Curaçao Aloe Vera Gel or the name of the food can choose to only label the word "Aloe Vera", and the content of the logo should not mislead consumers. Products made from heavy-petaled roses can be labeled only with the word "roses", such as rose cakes.
6. An untrue name should be given an administrative penalty, which is misleading. For example, liquor is marked with the words "special supply", "special supply", "special use", "special demand" and so on. Some people use drug names to name food without authorization, such as "Banlan Root ××", "Qing kai ling ××" and so on.
The production and processing enterprises produce capsules, oral liquids, tablets, punches and other products whose names, forms, and consumption methods are very easy to mislead consumers of health care products or drugs, such as: liquid calcium capsules, lecithin capsules, glucose nutrition oral liquid, compound amino acid oral liquid, children's cocoa calcium chewable tablets, polyditin gluconate zinc punch, etc., different from ordinary foods in the general sense, such products are temporarily not included in the scope of market access certification, the Ministry of Health has approved the management of ordinary food except.
7. Food additives that play a process role in the final product in composite ingredients should be marked. The recommended labeling method is to add parentheses after the name of the compound ingredient and indicate the generic name of the food additive in parentheses, such as "brewed soy sauce (caramel color)". If the product is tested because of the principle of food additives being brought in, and the product is tested, the product quality will be unqualified and administrative penalties should be given.
8. Precautions for the generic name marking of food additives.
The Standard for the Use of Food Additives (GB2760) specifies two or more names for a food additive, each of which is an equivalent generic name. Take "sodium cyclohexylsulfonate (aka cyclamate)" as an example, "sodium cyclohexylsulfamate" and "cyclamate" are common names. If a generic name is not used, it can be considered that the name of the food is not standardized, but it will not produce misunderstanding and be a defect.
9. The special name of the real attributes of the food is easy to misunderstand due to the difference in font size or font color.
GB7718 4.1.2.2.2 stipulates: When the special name of the true attributes of food is easy to misunderstand the attributes of food due to different font size or font color, the same font size and the same font color should also be used to mark the special name of the true attributes of the food. That is to say, when the special name is not misunderstood due to the difference in font size or font color, different font sizes or font colors can be used. Such as milk drinks, milk words are large, beverage words are small, easy to understand as dairy products. Such as chili sauce, although the color size of chili pepper and sauce font is not the same, but the product will not be understood as other products from the senses, such as lang wine, lang character large, wine word small, from the senses will not be understood as other products, think it can be so marked.
Fifth, the quantitative labeling of ingredients
1. If the food label or food instructions particularly emphasize the addition or contain of one or more valuable and characteristic ingredients or ingredients, the amount of additions or ingredients emphasized or the content in the finished product should be indicated.
There are two aspects of the content here: one is to emphasize, with special emphasis on a higher level than the emphasis, and the other is to have valuable and characteristic ingredients or ingredients, and only if the requirements of these two aspects are met, the amount of addition or the content in the finished product is indicated. If "ejiao" is added to this product, the value of "ejiao" is higher, and the amount added or the content in the finished product should be indicated. If special emphasis is placed on the addition of new food raw materials (which are characteristic) to the ingredients of the product, the amount of addition or the content in the finished product should also be indicated. If special emphasis is placed on the addition of "potatoes" to this product, "potatoes" do not have high value and do not have characteristics, and can be added without marking. For example, the product name Ejiao Cake, although the value of "Ejiao" is higher, it is not particularly emphasized. Generally, "special emphasis" is understood as separate emphasis, such as: this product adds "ejiao".
2. If the label of the food particularly emphasizes the content of one or more ingredients or ingredients is low or none, the content of the emphasized ingredients or ingredients in the finished product should be marked.
Special emphasis is also provided here, and since it is a special emphasis, it is understood to be a separate emphasis. In the product description, the emphasis is placed when introducing the product, and I think it should not be emphasized in particular.
This content is more specified in Appendix C of the National Standard for Food Safety and General Principles for Nutrition Labeling of Prepackaged Foods (GB28050). However, in reality, there are also individually labeled as no added food additives, which can be labeled as 0% added food additives. If no food additives are labeled, their content is not marked, and food additives are indeed not marked in the ingredient list, and the reaction is the real situation, there is no misleading, and it should be a defect. Beijing Municipal Food and Drug Administration's Guidance on the Handling of Food-related Cases (4) Such circumstances were also judged to be defective.
When labeling 0% preservatives, should the generic name of the food additive be marked? In the GB7718 Q&A, it is stated that: "On the label of the same prepackaged food, the food additive used can choose one of the following three forms of labeling, the specific name, the name of the functional category and the international code, the name of the functional category, and the specific name is marked at the same time", which refers to the "food additive used" labeling method, but there is no provision on how to label the name of the food additive. Since there is no provision, it can be understood that the generic name can be not marked. For example, there are many kinds of food additives in the category of preservatives.
3. A certain ingredient or ingredient mentioned in the name of the food is not specifically emphasized on the label, and it is not necessary to indicate the amount of addition of the ingredient or ingredient or the content in the finished product.
When referring to an ingredient or ingredient in the name of a food only to reflect the true attributes of the food without special emphasis on the label, it is not necessary to indicate the amount of addition or content in the finished product. Quantitative labeling is also not required when only the taste of the food is emphasized.
5. Labeling of production date
GB7718 stipulates that the production date and shelf life of prepackaged food should be clearly marked. If the date label adopts the form of "see a part of the packaging", the specific part of the packaging should be marked. Date indications may not be affixed, reprinted or tampered with.
In the GB7718 Q&A, it is explained that the date indication shall not be additionally affixed, reprinted or tampered with: Article 4.1.7.1 of this standard "Date indication shall not be additionally affixed, reprinted or tampered with" refers to the act of tampering with the date alone by means of affixing, supplementing or printing on the existing label. If the entire food label is made in the form of a sticker, including the date of "production" or "shelf life", the entire sticker is affixed to the food packaging in accordance with the provisions of this standard.
Its provisions are the act of "tampering" with the date alone, some enterprise packaging surface is smoother, ordinary coding machine printing is easy to be rubbed, so it is pasted, I think it is OK, because it does not have "tampering" behavior, is a true reflection of its attributes, and is not misleading, not "flawed".
The Reply of the Ministry of Health on Issues Related to Food Packaging Processing and Food Supervision and Management stipulates that the production date of stereotyped packaged foods that are simply packed or packed after adding a small amount of other ingredients shall be marked according to the date of packaging; the shelf life date of the product shall be marked according to the original shelf life date of the food to be packed. I think it is best to label it like this: shelf life to ---。 However, there are also changes in the packaging process in the simple packaging, such as ordinary packaging changed to vacuum packaging for packaging, and the shelf life of its products can be extended, and I think enterprises can promise labeling.
Sixth, the product identification is not true and inaccurate. In GB7718, 3.4 stipulates that it should be true and accurate. Although it is only 4 words, it is wide in scope.
1. If an enterprise has obtained a food production license for a certain type of product, and another type of product has not obtained a food production license, the enterprise has marked a food production license on another type of product, and should be punished and given "compensation", because it is untrue to label it as untrue.
2. If there is an enterprise product that is sub-packaged without marking the word "sub-packaging", the provision in Article 27 of the "Food Labeling Management Provisions" is to order correction within a time limit, and the product will not mislead other products and can be identified as a "defect".
3. New food raw materials, if the announcement clearly requires the label and instruction manual to indicate the amount of consumption and the unsuitable population, it shall be marked in accordance with the relevant announcement requirements. If it is not accurately labeled, it will cause misunderstanding to consumers, such as exceeding the prescribed amount of consumption and unsuitable people, it will cause harm to people.
4. According to the relevant provisions of the specification for the use of simplified words, the "Standard for the Use of Food Additives" (GB2760-2011) changes the "glycosides" in the original standard to "glycosides", of which "steviol glycosides" are the same substance as "steviol glycosides" in "Food Additives Stevia Glycosides" (GB8270-1999). This type is not a flaw.
5. Genetically modified edible vegetable oil shall be conspicuously marked on the label and instruction manual in accordance with regulations. For those who have not been approved for import as processing raw materials in China and have not been approved for commercial planting in China, and there is no genetically modified crop and its processed products on the market, the labels and instructions for edible vegetable oil shall not be marked with the words "non-GMO". The labeling of genetically modified organisms shall be carried out in accordance with the Measures for the Administration of the Labeling of Agricultural Genetically Modified Organisms. At present, soybean oil, corn oil, and rapeseed oil can be marked with the words "non-GMO" when they are produced using non-GMO raw materials.
Attachments: Catalogue of the first batch of agricultural GMOs that implement labeling management: (1, soybean seeds, soybeans, soybean flour, soybean oil, soybean meal 2, corn seeds, corn oil, corn flour (including tax number 11022000, 11031300, 11042300 corn flour 3, rapeseed, rapeseed, rapeseed oil, rapeseed meal 4, cotton seeds 5, tomato seeds, fresh tomatoes, tomato paste)
6. Announcement of the General Administration on Further Strengthening the Quality and Safety Supervision of Wheat Flour: Standardize production behavior and strengthen the quality and safety supervision of wheat flour, and the relevant matters are hereby announced as follows:
1. Enterprises that have obtained the production license of "wheat flour (general)" shall not add any food accessories to the wheat flour.
Second, enterprises that have obtained the "wheat flour (special)" production license, when producing special wheat flour, should add edible starch, soybean protein, gluten flour and other food accessories in accordance with the corresponding standards such as "Edible Starch of Food Safety" (GB 31637), "Plant Protein for Food Safety National Standard for Food Processing" (GB 20371), "Gluten Flour" (GB/T 21924) and other corresponding standards, and formulate corresponding enterprise standards and report to the provincial health administrative department for the record.
3. Wheat flour production enterprises shall, in accordance with the Food Safety Law of the People's Republic of China, the General Principles of Prepackaged Food Labeling of National Food Safety Standards (GB 7718), the General Principles of Prepackaged Food Nutrition Labeling of National Food Safety Standards (GB 28050) and other relevant laws, regulations and standards, and shall not falsely label product ingredients, shall not falsely label implementation standards, and shall not produce wheat flour without labeling, incomplete labeling or untrue identification information.
7, such as the production of brewing soy sauce, the implementation of GB/T18186 product standards, marked quality level of the first level, in the inspection of amino acid nitrogen index of 0.56g / mL, while the standard level of the first level is specified as ≥0.70g / mL, the national food safety standard GB2717 provisions of ≥0.40g / mL, in line with the national food safety standard GB2717, but does not meet the GB/T18186 labeling quality level requirements, should be false labeling grade, untrue, according to the label requirements for punishment.
7. Other circumstances
1. Article 15 of the Provisions on the Administration of Food Labeling stipulates that if mixed non-edible products are likely to cause accidental ingestion, improper use, and easy to cause personal injury, a warning sign or a warning instruction Chinese shall be marked on its logo. If the enterprise does not mark the warning sign or Chinese warning instructions, it should be punished in accordance with the "Food Labeling Management Regulations", but GB7718 does not stipulate such requirements, because GB7718 stipulates food, so it will not be "compensated". However, the national food safety standards have the exception of the provisions, such as: puffed food: put into the non-edible items if there is independent packaging, it is not direct contact. Non-edible items should be marked with the word "non-edible".
2. When the name of the enterprise is changed, and the name on the packaging is inconsistent with the business license, the document stipulates: In line with the principle of saving resources and rational use, after the change of the enterprise name, the transition period for the mixed use of the new and old packaging is 6 months, calculated from the date of the change of the name of the food producer enterprise. Foods that use old packaging and labels can continue to be sold during the shelf life. If the transition period is exceeded, it can be regarded as a "defect", because although the name of the enterprise has changed, it was the same enterprise as it is now, and it will not be counterfeited or misled. Order it to make corrections.
3. Implement the standard code
Prepackaged foods produced in China and sold domestically (excluding imported prepackaged foods) should be marked with the standard code and sequence number implemented by the product. The standard code and sequence number implemented by the product should be marked, and the era number may not be marked.
If the enterprise implements the enterprise standard, the era number is marked, such as: Q/xxx0001S-2016, the enterprise standard stipulates that the expiration of three years of review, and now the standard has expired, but the content of the enterprise standard has not changed, will not mislead, should be "defective".
If the standard code of rice is GB/T1354 and the enterprise labels GB1354, it should also be considered a "defect" because it will not be misled as another product.
The use of the green food mark on the product packaging indicates that the enterprise promises that the product complies with the green food standard. Enterprises can mark the green food standards implemented by the product on the packaging, or they can mark other standards implemented in their production.
4. Quality level
Some product standards stipulate the quality level of the product, but some product standards do not stipulate the quality level, such as: there is no quality level in the implementation standard, and how to determine the quality level marked? If the quality grade is marked as a qualified product. I think such problems should be defective, enterprise products are divided into qualified products and unqualified products, some enterprises in the finished product library is also divided into qualified areas, unqualified areas, all factory products are qualified after inspection can be shipped, some enterprises have also printed a certificate of conformity, qualified products are a commitment of enterprises, enterprises are not misleading, for "defects", but if there is no quality level and marked as "excellent", it is considered to be misleading.
5. Article 18 of the Provisions on the Administration of Food Labeling shall not be marked with the following contents: (5) the words or patterns do not respect ethnic customs and have discriminatory descriptions; (6) the use of the national flag, national emblem or renminbi for labeling. Words or patterns do not respect ethnic customs, have discriminatory descriptions, and can be considered to be derogatory to the food produced by a certain ethnic group. However, there is no provision in gb7718 for the national flag, national emblem or renminbi.
6. Implement the recommended standards, and do not mark the content specified in the recommended standards.
Such as brewing soy sauce to implement GB/T18186 product standards, the standard stipulates that the amino acid nitrogen content should be marked, there is no labeling, the national food safety standard soy sauce GB2717 is not required, GB7718 is only required to label the content of how, does not belong to the scope of the "Food Safety Law" adjustment, because GB/T18186 has quality level requirements, and the quality level corresponds to the amino acid nitrogen content.
7. If the label is not marked in the national food safety standard, administrative punishment shall be imposed. For example, quick-frozen noodle rice products should be marked: quick-frozen, raw, cooked and cooking processing methods.
8. Identification of mixed foreign bodies. The "Guiding Opinions on Law Enforcement cases in the Food and Drug Supervision System of Shandong Province (I)" stipulates that law enforcement personnel may directly identify products based on their appearance. Among them, the identification of mixed foreign bodies should in principle be based on the principle of ensuring food safety. According to the characteristics of food use, if the foreign body in the food does not affect the food safety, it should not be identified as a mixed foreign body. If there is only one hair in the product packaging, it should be a foreign body, can be compensated, because only one product has such a problem, the enterprise destroys, the illegal behavior is minor and corrected in time, no harmful consequences are caused, and administrative penalties should not be imposed.
VIII. Some understanding of GB28050
1. GB28050 is not suitable for nutrition labeling of health foods and pre-packaged special dietary foods.
2. The core nutrient logo is not eye-catching, will not give consumers a misunderstanding, will not bring harm to consumers, and can be identified as a "defect". For example, products with added nutrients are labeled with energy, protein, fat, carbohydrates, sodium, and a certain nutrient. Stand out: energy, protein, fat, carbohydrates, sodium.
3. How are the boxes in the nutrition facts table marked, and must the demonstration format of GB28050 be used? GB28050 Q&A stipulates that one side can be perpendicular to the baseline, using a table or corresponding form.
4. Labeling of nutritional enhancers: GB7718 stipulates that food additives used directly should be marked in food additives. Nutritional enhancers can be labeled outside the food additives column of the ingredient list. An ingredient is both a nutritional enhancer and a food additive, such as: vitamin E, in the ingredient list as a food additive, marked as a food additive (XXXX, vitamin E), such as as a nutritional enhancer, should be listed separately with food additives, ingredients labeled food additives (XXXX, XXX), vitamin E, as a nutritional enhancer should be marked in the nutrition ingredient table its content and NRV. For example, vitamin E is used as a food additive, and its content and NRV are not indicated in the nutrition facts list, which is misleading to consumers.
5. When indicating the nutrient content according to the "portion", whether the content claim is made according to the "portion". No. Such as low fat ≤ 3g/100g (solid), fat-free ≤ 0.5g/100g (solid), if the actual is 2g/100g, according to 10g a copy, the value is 0.2g, can not be labeled fat-free, for misleading consumers.
6. The energy value or NRV% value in the nutrition ingredient list is not calculated correctly, which can cause misleading consumers.
7. The identification value of the product nutrition label is inconsistent with the sampling value. The "Explanation on the Labeling of the "Sodium" Content in the Nutrition Labels of Nut Fried Foods of the China Food Industry Association explains that the label values of the nutrition labels of their products are marked according to the values of the inspection reports of formal testing institutions, and there is no misleading or deceiving consumers. It is mainly the seasonality of raw materials and the difference in origin. After the product leaves the factory, it is affected by different ambient temperature and humidity and the initial detection data. In GB28050, the allowable error range of content is specified: 80% of the ≥ of protein, carbohydrates, etc., 120% of the indicated value of energy, fat, sodium, etc. ≤, and 80%-180% of vitamin A and vitamin D. For this purpose, the values in the test report should meet the permissible margin of error.
(The author is a food safety supervisor of the market supervision department) This article only represents personal views, please indicate the source when reprinting!