Opinions of the General Office of the State Administration for Market Regulation on the calculation of the value of goods in food safety administrative penalty cases
Municipal Supervisor Fa [2021] No. 70
Market Supervision Bureaus (departments and committees) of provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps: In recent years, many market supervision departments such as Tianjin, Zhejiang Province and Shandong Province have consulted how to calculate the value of food safety administrative punishment cases. In accordance with the Food Safety Law, the Administrative Punishment Law and other laws and regulations, the following opinions are hereby put forward on the calculation of the value of goods involved in the handling of food safety administrative punishment cases by market supervision departments:
1. Calculation range
The value of goods in food safety administrative punishment cases is the total market price amount of the food involved in the parties' implementation of food safety violations.
For those engaged in food production and trading without obtaining a license, the scope of calculation of the value of goods includes raw materials, semi-finished products and finished products. If the product is engaged in food production and operation with a license, and the finished product inspection is unqualified or does not comply with food safety laws and regulations (hereinafter referred to as unqualified), the value of the goods includes finished products, unqualified semi-finished products and raw materials; If the semi-finished products or raw materials are unqualified, the value of the goods includes the unqualified semi-finished products or raw materials, as well as the finished products. All finished products that have been sold, gifted, sampled, used, recalled, and unsold, not given away, unused, etc., are included in the value of the finished product. The products involved in the case that have not been paid for and have arrived in the warehouse shall be included in the value of the goods. The value of the products returned during the investigation of the case shall not be deducted.
2. Calculation method
The value of the finished product is calculated according to the sales price; The value of semi-finished products is calculated according to the purchase price of raw materials; The value of raw materials is calculated according to the purchase price.
The sales price shall be calculated based on the unit price specified in the sales order, contract, price tag, etc.; Where there is no marked price, the determination shall be made on the basis of relevant evidence materials or calculated according to the market price or average price of similar products, or the statutory price determination agency may be entrusted to determine it.
General Office of the State Administration for Market Regulation
25 Sep 2021
Opinions of the General Office of the State Administration for Market Regulation on matters related to the application of Article 81 of the Regulations for the Implementation of the Food Safety Law
Municipal Supervisor Fa [2021] No. 2
Market Supervision Bureaus (departments and committees) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps:
Since the newly revised Regulations for the Implementation of the Food Safety Law came into effect on December 1, 2019, the Market Supervision Bureaus of Guangdong Province and Zhejiang Province have successively asked the SAMR for instructions on how to apply Article 81 of the Regulations. In accordance with relevant laws and regulations, with the consent of the State Administration for Market Regulation, the following opinions are hereby put forward on relevant matters:
1. Where the market supervision department at the county (district) level intends to impose a fine of more than 300,000 yuan on the offending unit or individual in accordance with the Food Safety Law and its implementation regulations, it shall report it to the market supervision department at or above the districted city level for review and review, and then draft an administrative punishment decision in the name of the market supervision department at the county (district) level.
2. The market supervision department at the county (district) level shall, in accordance with Article 54 of the Interim Provisions on Administrative Punishment Procedures for Market Supervision and Management, report it to the market supervision department at the districted-city level or above for review after the responsible person collectively discusses and makes a decision on the proposed administrative punishment.
3. The market supervision department at or above the districted-city level shall, after receiving the review materials, promptly make a decision on whether to agree and affix its seal, and if it disagrees, it shall submit written opinions and reasons. Documents related to consent or disagreement shall be included in the case file.
4. The provisions that the district (county) market supervision department of a municipality directly under the Central Government intends to impose a fine of more than 300,000 yuan on offending units or individuals in accordance with the Food Safety Law and its regulations shall be determined by the market supervision department of the municipality directly under the Central Government in light of local conditions.
General Office of the State Administration for Market Regulation
6 Jan 2021
Reply from the General Office of the State Administration for Market Regulation on the use of old labels by salt designated production enterprises
Municipal Superintendent Food Student Letter [2020] No. 1596
Hubei Provincial Market Supervision Bureau:
Your bureau's "Instructions on the Postponement of the Use of Old Labels of Designated Salt Production Enterprises in our Province" (Ejianwen [2020] No. 73) was received. After study, the reply is as follows:
In order to do a good job in the "six stability" work, implement the "six guarantees" task, support enterprises to resume work and production, and reduce waste, in accordance with relevant laws and regulations on food safety, under the premise of ensuring food safety, it is agreed that the salt product labels and packaging materials printed by salt designated production enterprises before obtaining a food production license will be extended to December 31, 2020, and the relevant products can be sold until the end of their shelf life.
I hereby reply.
General Office of the State Administration for Market Regulation
17 Sep 2020
Reply from the General Office of the State Administration for Market Regulation on the issue of the use period of packaging materials for seasoned noodle products
Municipal Superintendent Food Student Letter [2020] No. 659
Hunan Provincial Market Supervision Bureau:
"Instructions on Extending the Use Period of Packaging Materials for Seasoned Noodle Products" (Xiang Municipal Supervisor [2020] No. 9) received. After study, the reply is as follows:
Please strictly follow the requirements of the Announcement of the State Administration for Market Regulation on Strengthening the Quality and Safety Supervision of Seasoned Noodle Products (No. 56 of 2019), unify the classification of "spicy strips" foods, and strengthen quality and safety supervision. In order to save resources and avoid waste, if the product label changes due to the adjustment of the food production license category, the original product packaging can be extended until 6 months after the resumption of work and production and no more than December 31, 2020, and the corresponding products can continue to be sold during the shelf life. However, information such as food names, ingredient lists, product standard codes and other information that reflect the true attributes of food should be truthfully labeled in accordance with the Food Safety Law and the General Principles for the Labeling of Prepackaged Food with National Food Safety Standards (GB 7718) to avoid misleading consumers.
General Office of the State Administration for Market Regulation
6 May 2020
Reply from the General Office of the State Administration for Market Regulation on the issue of the use period of packaging materials for seasoned noodle products
Municipal Superintendent Food Student Letter [2020] No. 659
Hunan Provincial Market Supervision Bureau:
"Instructions on Extending the Use Period of Packaging Materials for Seasoned Noodle Products" (Xiang Municipal Supervisor [2020] No. 9) received. After study, the reply is as follows:
Please strictly follow the requirements of the Announcement of the State Administration for Market Regulation on Strengthening the Quality and Safety Supervision of Seasoned Noodle Products (No. 56 of 2019), unify the classification of "spicy strips" foods, and strengthen quality and safety supervision. In order to save resources and avoid waste, if the product label changes due to the adjustment of the food production license category, the original product packaging can be extended until 6 months after the resumption of work and production and no more than December 31, 2020, and the corresponding products can continue to be sold during the shelf life. However, information such as food names, ingredient lists, product standard codes and other information that reflect the true attributes of food should be truthfully labeled in accordance with the Food Safety Law and the General Principles for the Labeling of Prepackaged Food with National Food Safety Standards (GB 7718) to avoid misleading consumers.
General Office of the State Administration for Market Regulation
6 May 2020
Reply from the General Office of the State Administration for Market Regulation on the replacement of product formulas and labels after the registration of formula foods for special medical purposes
Municipal Superintendent Special Food Letter [2020] No. 348
Shanghai Municipal Bureau of Market Regulation:
Your bureau's "Instructions on the Time Limit for Product Formula and Label Replacement after the Registration Change of Formula Food for Special Medical Purposes" (Shanghai Supervisor Special Food [2019] No. 132) has been received. After study, the reply is as follows:
According to the relevant provisions of the Food Safety Law and the Administrative Measures for the Registration of Formula Food for Special Medical Purposes, under the premise of ensuring the safety, nutritional adequacy and clinical effects of formula food products for special medical purposes, in order to save resources and avoid unnecessary waste, after the registration of product formula and label changes is approved, the applicant shall complete the corresponding replacement within 3 months from the date of approval. After the product formula and label are replaced, the applicant shall stop using the original formula and label and report the relevant situation to the market supervision department where the manufacturer is located. Products manufactured before product formulation and label replacement can be sold until the end of their shelf life.
General Office of the State Administration for Market Regulation
12 Mar 2020
Announcement of the State Administration for Market Supervision on strengthening the quality and safety supervision of seasoned noodle products
No. 56 of 2019
In order to further strengthen the supervision of the quality and safety of seasoned noodle products (including commonly known as "spicy strip" foods) and to maintain and promote public health, the relevant matters are hereby announced as follows:
1. Unify the classification of "spicy strip" foods. Local market supervision departments shall uniformly manage "spicy strip" foods in accordance with the production license category of "convenience food (seasoned noodle products)", and any inconsistency with this shall be adjusted in place before January 31, 2020. Manufacturers shall use food additives in accordance with the relevant provisions of the National Standard for Food Safety (GB 2760), and shall not use food additives beyond the scope and limit.
2. Strict food production hygiene specifications and facility condition management. Production enterprises should strictly follow the requirements of "National Food Safety Standard General Hygienic Specification for Food Production" (GB 14881) and other requirements, strengthen the hygiene management of the production process, keep the plant and equipment and facilities clean, strictly manage the health of employees, and strictly prevent biological, chemical and physical pollution.
3. Strengthen the control of raw and auxiliary materials and production process. Production enterprises should strictly review suppliers and inspect raw materials, and shall not purchase and use raw and auxiliary materials without product qualification certificates, do not meet food safety standards, and have unknown sources and unclear labels, and must ensure that the quality of purchased food raw materials, food additives and food-related products is qualified. Strengthen quality and safety control and factory inspection of finished products in key links such as production process, packaging, and storage to ensure that products meet food safety standards.
4. Strict label identification management. The content of food labels shall be truthful and accurate, easy to understand, scientific and reasonable. Food names should reflect the true attributes of food, and must not use names that are vulgar, misleading or contrary to common sense in nutritional science. The information identified by the label must be true, must not be false and exaggerated, and must not mislead consumption.
5. Advocate salt reduction, oil reduction and sugar reduction. Manufacturers should refer to the relevant requirements of the "Dietary Guidelines for Chinese Residents", improve production processes, improve product formulas, formulate food enterprise standards, reduce the salt, fat and sugar content in seasoned noodle products, and improve the nutritional health of products. Local education, health, and market supervision departments should guide schools to strengthen food safety and nutrition and health education, and cultivate healthy eating habits for primary and secondary school students.
6. Strengthen supervision and inspection and sampling inspection. Local market supervision departments at all levels should strictly license the production of seasoned noodle product enterprises, strengthen the daily inspection and product sampling inspection of production enterprises and food business operators around campuses, and strictly investigate and deal with violations of laws and regulations. Where a crime is suspected, it is promptly transferred to the public security organs.
This announcement shall take effect from the date of publication.
State Administration for Market Regulation
on 10 Dec 2019
Guiding opinions of the State Administration for Market Regulation on the prevention and control of "plasticizer" pollution risks in food
Guoshi Supervisor [2019] No. 214
Market Supervision Bureaus (departments and committees) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps:
In order to further implement the main responsibility of food producers and traders for food safety, strengthen food safety management, prevent and control the risk of contamination of oils and beverages by phthalates (commonly known as plasticizers), and ensure food safety, the following opinions are hereby put forward:
1. Food producers should strengthen the control of raw and auxiliary materials, and establish and strictly implement the audit and purchase inspection record system of raw and auxiliary material suppliers. If the raw and auxiliary materials of the purchased oils and fats and alcoholic foods cannot be provided with a certificate of conformity, the plasticizer project inspection shall be carried out, and the inspection shall be passed before it can be used.
2. Food producers shall strengthen the control of food-related products, establish and strictly implement the inspection record system for food-related products, and carry out plasticizer project inspection for plastic packaging materials, sealing gaskets, etc. that cannot provide qualified certificates on the basis of checking the supplier's license and product qualification certificate, and can only be used after passing the inspection. Do not use plastic packaging materials containing plasticizers, sealing gaskets, etc. to package grease and alcoholic foods.
3. Food producers and traders shall strengthen the prevention and control of the production and operation of oils and alcohol, and use plastic equipment and facilities, pipelines, gaskets, containers, tools, etc., and shall not contain plasticizers to avoid food contact pollution. The control of storage, transportation, delivery, sales and other links should be strengthened to prevent plasticizer pollution caused by problems such as high storage temperature and improper transportation and delivery. Encourage enterprises to use stainless steel equipment, pipes, containers, tools, etc.
4. The oils and fats and alcoholic foods produced and operated by enterprises shall comply with the provisions of the health administrative department under the State Council on the maximum residue of plasticizers. The content of di(α-ethylhexyl phthalate) (DEHP) and dibutyl phthalate (DBP) in liquor and other distilled spirits is not higher than 5 mg/kg and 1 mg/kg, respectively. The maximum residues of DEHP (except liquor and other distilled spirits), diisononyl phthalate (DINP) and DBP (except liquor and other distilled spirits) in oils and beverages were 1.5 mg/kg, 9.0 mg/kg and 0.3 mg/kg, respectively.
V. Local market supervision departments should strengthen supervision and inspection, focusing on inspecting the implementation of plasticizer prevention and control measures for producers and operators of oils and beverages and alcoholic foods, strictly investigating whether there is a risk of plasticizer contamination in the procurement, production and processing, storage, transportation, and sales of raw and auxiliary materials, and strictly checking whether food packaging materials and containers containing food contain plasticizers. Strengthen risk monitoring, and if it is found that there is a plasticizer pollution risk problem, it is necessary to urge the enterprise to investigate the cause and thoroughly rectify. Strictly investigate and deal with illegal addition of phthalates in the process of production and operation.
6. Fatty foods referred to in these Guiding Opinions include fatty foods such as edible vegetable oils, edible oil and fat products, edible animal fats, oily seasonings and foods rich in oils and fats; Alcoholic foods, including liquor, edible alcohol, wine, prepared wine, rice wine, fruit wine and other distilled spirits and other foods with an ethanol content of more than 20%.
State Administration for Market Regulation
3 Nov 2019
Guiding opinions of the General Office of the State Administration for Market Regulation on standardizing the use of food additives
Municipal Superintendent [2019] No. 53
Market Supervision Bureaus (departments and committees) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps:
In order to urge food producers and traders (including catering service providers) to implement the main responsibility of food safety, use food additives in strict accordance with the standards, further strengthen the supervision of the use of food additives, prevent the use of food additives beyond the scope and limit, and solidly promote the Healthy China Initiative, the following guidance is hereby proposed:
1. Food producers and traders shall formulate product standards or determine product formulas for the production and processing of food, and standardize the use of food additives in accordance with the principles for the use of food additives stipulated in the National Food Safety Standard Standard for the Use of Food Additives (GB 2760), the varieties of food additives allowed to be used, the scope of use, and the maximum amount of use or residue.
2. Food producers and traders shall strengthen the control of the production and processing process, equip them with measuring instruments that meet the requirements, and have a special person responsible for feeding, accurately weighing food additives, and making weighing and feeding records to ensure that the use of food additives complies with product standards or product formulas.
3. Where food producers and traders use compound food additives in the production of processed foods, they shall confirm and calculate the actual names and contents of each single variety of food additives contained in the compound food additives to ensure that the food additives contained in the food meet the standards for the use of food additives.
4. Food producers and traders shall strengthen the control and inspection of food raw and auxiliary materials, and consolidate and calculate the food additives brought in from food raw and auxiliary materials, so as to prevent the excessive range and limit use of food additives due to the introduction of raw and auxiliary materials.
5. Food producers and traders shall use as little or no food additives as possible in the production of processed food. Actively promote salt reduction, oil reduction and sugar reduction actions. Scientifically reduce the sucrose content in processed foods and advocate the replacement of sucrose with naturally sweetened substances and sweeteners permitted by food safety standards.
6. Local market supervision departments shall urge food producers and traders to implement the requirements set forth in these Opinions, use food additives in strict accordance with these Opinions and the standards for the use of food additives, and prevent the use of food additives beyond the scope and limit.
7. Local market supervision departments shall strengthen supervision and inspection and sampling inspection, focusing on inspecting product standards or product formulas, procurement management and feeding use of raw and auxiliary materials and food additives, product inspection and label identification, etc., and strictly investigate and deal with illegal acts of using food additives beyond the scope and limit in accordance with law.
General Office of the State Administration for Market Regulation
5 Sep 2019
Reply from the General Office of the State Administration for Market Regulation on the use of oxalic acid to clean crayfish
Municipal Food Supervision Scripture [2019] No. 2531
Shaanxi Provincial Market Supervision Bureau:
Your bureau's "Instructions on the Use of Oxalic Acid in Food" (Shaanxi Jianzi [2019] No. 95) has been received. In consultation with the National Health Commission and the Ministry of Agriculture and Rural Affairs, we hereby reply as follows:
1. According to the List of Food Disinfectant Raw Materials (Ingredients) (2009 Edition), oxalic acid is an auxiliary ingredient of food disinfectants allowed in mainland China, but in the absence of main active ingredients, auxiliary ingredients cannot be used as disinfectants alone. At the same time, from the perspective of the processing process of crayfish, the use of oxalic acid as a disinfectant lacks the necessity of the process.
2. Article 33, paragraph 1 (10) of the Food Safety Law stipulates: "Food production and operation shall comply with food safety standards and meet the following requirements: (10) The detergents and disinfectants used shall be safe and harmless to the human body. Article 70 of the Regulations for the Implementation of the Food Safety Law stipulates: "Except for the circumstances provided for in the first paragraph of Article 125 and Article 126 of the Food Safety Law, if the production and operation of food producers and traders does not comply with the provisions of Items 5, 7 to 10 of the first paragraph of Article 33 of the Food Safety Law, or do not meet the national food safety standards required by the relevant food production and operation process, punishment shall be given in accordance with the provisions of the first paragraph of Article 126 of the Food Safety Law and Article 75 of these Regulations." The use of "oxalic acid AR analysis pure" to wash crayfish should be punished in accordance with the above provisions.
General Office of the State Administration for Market Regulation
31 Dec 2019
Reply from the General Office of the State Administration for Market Regulation on issues related to ham sausage labeling
Guoshi Food Superintendent Letter [2019] No. 1286
Beijing Municipal Bureau of Market Regulation:
The "Beijing Municipal Food and Drug Administration's Instructions on the Labeling of "Xinshuanghui Wang Zhongwang Special Ham Sausage" (Beijing Food and Drug Administration [2018] No. 59) received. In consultation with the National Health Commission, we hereby reply as follows:
The food additive sodium nitrite is listed in Table A.1 of the National Standard for Food Safety and the Use of Food Additives (GB2760-2014), and its role in food as a color protector and preservative should be determined according to the needs of the production process and the purpose of addition.
According to Article 3.4 of the National Food Safety Standard General Principles for Prepackaged Food Labeling (GB7718-2011), food labels should be true and accurate, must not contain false content, and must not use misleading or deceptive words and graphics to introduce food. When using words such as "no addition" to modify an ingredient (including food additives), it should truly and accurately reflect the actual situation of food ingredients, that is, no substance is added in the production process, and the raw materials do not contain such substances.
General Office of the State Administration for Market Regulation
2 Jul 2019
Reply of the State Administration for Market Regulation to the question of formula and label replacement after the formula registration of infant formula milk powder products
Guo Shi Jian Special Food Letter [2019] No. 167
Shanghai Municipal Bureau of Market Regulation:
Your bureau's "Instructions on the Time Limit for Replacing the Old and New Labels after the Formula Registration of Infant Formula Milk Powder Products" (Shanghai Supervision Special Food [2019] No. 132) has been received. After research, the reply is as follows:
According to the relevant provisions of the Food Safety Law and the Administrative Measures for the Registration of Infant Formula Milk Powder Products, under the premise of ensuring the scientificity and safety of the formula of infant formula milk powder products, in order to save resources and avoid unnecessary waste, after the product formula (including label) change registration is approved, the applicant shall complete the replacement of product formula and label within 3 months from the date of approval. After the product formula and label are replaced, the applicant shall stop using the original formula and label and report the relevant situation to the local market supervision department. Products manufactured before product formulation and label replacement can be sold until the end of their shelf life.
State Administration for Market Regulation
28 May 2019
Reply of the State Administration for Market Regulation on the implementation standards of food production
Municipal Superintendent's Food Student Letter [2019] No. 38
Shandong Provincial Market Supervision Bureau:
Your bureau's "Instructions on the Application of Standards for Unfiled Enterprises" (Lu Shi Jianshi Yizi [2018] No. 87) has been received. After study, the following observations are made:
The Food Safety Law of the People's Republic of China stipulates that food producers and traders shall comply with national food safety standards. The State encourages food production enterprises to formulate enterprise standards that are stricter than national or local food safety standards, apply them in their own enterprises, and report them to the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record. The Standardization Law of the People's Republic of China stipulates that enterprises shall organize production and business activities in accordance with standards, and the products they produce shall meet the technical requirements of enterprise disclosure standards. According to the aforementioned relevant provisions, the food safety standards implemented by enterprises or the enterprise standards for filing and the enterprise standards containing technical indicators disclosed can be used as the basis for food producers to organize production and apply for food production licenses.
State Administration for Market Regulation
17 Jan 2019
Attachment: A brief introduction to the replies of relevant departments in recent years
1. Reply of the General Office of the CFDA on issues related to the labeling of edible blended oils (CFDA Food Supervision Letter [2018] No. 90
According to the provisions of 4.1.4.1 of the National Food Safety Standard General Principles for the Labeling of Prepackaged Food (GB 7718-2011), "if the food label or food leaflet specifically emphasizes the addition or inclusion of one or more valuable and characteristic ingredients or ingredients, the amount of added ingredients or ingredients emphasized or the content in the finished product shall be indicated". If one or more valuable and characteristic ingredients or ingredients are added or contained on the label of prepackaged food, specifically using words to describe the product, the above provisions shall be followed.
2. Reply of the General Office of the CFDA on the labeling of malic acid in products such as Qiandao fresh grilled shredded squid (CFDA Food Supervision Letter [2017] No. 661)
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 various foods (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 clearly mark them on the labels of prepackaged foods.
Food producers use food additives L-malic acid and DL-malic acid in accordance with the law, and label them as malic acid on product labels, which does not comply with the provisions of the General Principles for the Labeling of Prepackaged Food of National Food Safety Standards (GB 7718-2011), and belongs to "defects in labels and instructions but do not affect food safety and will not mislead consumers". The food and drug regulatory department shall, in accordance with the second paragraph of Article 125 of the Food Safety Law, that is, "if there are defects in the labels and instructions of the food or food additives produced and traded, but they do not affect food safety and do not mislead consumers, the food and drug administration department of the people's government at or above the county level shall order corrections; Those who refuse to make corrections shall be fined not more than 2,000 yuan", and shall be investigated and dealt with in accordance with law.
3. Reply of the General Office of the CFDA on Issues Related to the Labeling of Jasmine Tea (CFDA Food Supervision Letter [2016] No. 40)
"Jasmine Tea" (GB/T 22292-2008) stipulates that the name of this type of food is "jasmine tea", which is divided into "roasted green jasmine tea" and "fried green (including semi-roasted) jasmine tea" according to the different green tea raw materials used. Accordingly, the label of "Xiangxu Jasmine Tea" in the letter clearly indicates that the implementation standard is "Jasmine Tea" (GB/T 22292-2008), so it should comply with the provisions of this standard, that is, in addition to indicating "Jasmine Tea + Grade", it should also be marked with "Roasted Green Tea" or "Fried Green (Including Semi-Roasted) Green Tea" in the ingredient list, or directly marked "Roasted Green Jasmine Tea + Grade" or "Fried Green (Including Semi-Roasted) Green Tea + Grade" and "Grade" in a prominent position on the label The quality (quality) level that has been clearly defined for the product standards implemented.
4. Reply on the use of labels after re-registration of health food approval certificates (Food and Drug Administration and Food Supervision Three Notes [2016] No. 226)
According to the original Measures for the Administration of Health Food Registration (Trial) and the Circular of the State Food and Drug Administration on Further Clarifying the Re-registration of Health Food (No. 5 of 2013), in order to do a good job in linking health food registration with daily supervision and avoid unnecessary waste, for changing or re-registering approved products, except for cases where the state issues clear regulations requiring registration changes due to safety issues. The applicant shall organize production in strict accordance with the content of the new approval certificate after 6 months from the date of approval, and the previously produced products are allowed to be sold until the end of the shelf life.
5. Reply on the question of whether simply packaged tea products are recognized as prepackaged food (CFDA Kehan [2016] No. 358)
The National Food Safety Standard General Principles for the Labeling of Prepackaged Food (GB 7718-2011) stipulates that pre-packaged food refers to "food that is pre-packaged or made in packaging materials and containers, including pre-quantified packaging and pre-quantitatively made in packaging materials and containers and has a uniform quality or volume label within a certain limit". For products that are prepackaged and have a uniform quality or volume label, they should be managed in accordance with prepackaged food; For bulk food, it shall be implemented in accordance with the Food Safety Law of the People's Republic of China and relevant regulations.
6. Reply to questions related to the packaging labeling of bagged ham sausages and other products (CFDA Food Supervision Letter [2015] No. 361)
According to the Food Safety Law of the People's Republic of China, food labels should be marked on food packaging or packaging containers. We agree with your labeling opinions on products such as bagged ham sausages packaged in combination form using PVDC as casings for single sticks. That is, manufacturers can use the outer packaging bag as the minimum sales unit for products such as bagged ham sausages, and label the food in accordance with relevant laws, regulations and standards.
7. Reply to questions related to frozen (quick-frozen) meat products (CFDA Food Supervision Letter [2015] No. 790)
The "frozen (quick-frozen) meat roll" products described in your bureau's instructions: with livestock and poultry as the main material, and condiments as auxiliary materials, sodium pyrophosphate, sodium tripolyphosphate, sodium bicarbonate, sodium ascorbate, gluconolactone, artemisia gum and other compound food additives and after tumbling, marinating and other processing processes, it has changed the water retention rate, PH value, chemical composition and other chemical properties of frozen meat, and also changed the color, viscosity, odor and other physical properties of frozen meat, therefore, it does not comply with the Ministry of Agriculture The Opinions of the State Food and Drug Administration on Strengthening the Supervision and Administration of the Quality and Safety of Edible Agricultural Products (Nongqifa [2014] No. 14) contain the definition of primary agricultural products. According to the above processing technology, such products should belong to the category of prepared meat products (raw meat with conditioning materials) in the Appendix E food classification system in the National Standard for Food Safety (GB 2760-2014).
According to the food name in 4.1.2 of the National Food Safety Standard General Principles for the Labeling of Prepackaged Food (GB 7718-2011), the above foods should not be named after the name of the food that is easy to misunderstand or confuse consumers as "frozen (quick-frozen) meat rolls", but should use the name of the prepared meat products (raw meat with conditioning materials) category that reflects the true attributes of the food.
Please refer to the "Detailed Rules for the Review of Meat Production Licenses (2006 Edition)" to implement food production licenses for prepared meat products (raw meat with conditioning materials) products, and strictly implement the National Food Safety Standard for the Use of Food Additives (GB 2760-2014) and the National Food Safety Standard General Principles for Prepackaged Food Labeling (GB 7718-2011).
8. Reply to questions related to the shelf life labeling of prepackaged food (Guowei Food Labeling Letter [2015] No. 58)
According to the National Food Safety Standard General Principles for the Labeling of Prepackaged Food (GB 7718-2011), the date of manufacture refers to the date when the food becomes the final product, and also includes the date of packaging or filling. Shelf life refers to the period during which prepackaged food retains its quality under the storage conditions indicated on the label. During this period, the product is fully fit for sale and maintains the unique qualities that are not indicated or already stated on the label. Food producers may choose to indicate the shelf life on a specific date or for a fixed period of time, which should correspond to the date of production. If the shelf life is indicated in the form of a fixed period of time, the starting point for calculating the shelf life can be based on the production date or the day after the production date.
9. Reply to questions related to the shelf life of food (CFDA Food Supervision Letter (2015) No. 554)
The shelf life of food is the minimum period for food producers and traders to determine according to the raw and auxiliary materials, production process, packaging form and storage conditions of food, etc., to ensure food quality and food safety under the indicated storage conditions. The shelf life is the commitment of food producers and traders to the quality and safety of food, and once the shelf life is determined and marked on the packaging, it shall not be changed arbitrarily.
According to the interpretation of the meaning of food in the Food Safety Law of the People's Republic of China, food includes all kinds of finished products and raw materials for human consumption or drinking. Food raw materials, semi-finished products and finished products shall be subject to food safety.
The shelf life marked on the packaging of food raw materials and semi-finished products by food producers and traders shall be regarded as the shelf life of food. The use of food raw materials or semi-finished products beyond the shelf life as raw materials to produce processed food shall be deemed to violate the provisions of Article 28 (8) of the Food Safety Law of the People's Republic of China.
10. "Reply of the Food Department of the National Health and Family Planning Commission on the Labeling of Prepackaged Food Containing New Food Raw Materials and Issues Related to Fructooligosaccharides" (Guowei Food Label Letter [2015] No. 279)
Regarding the labeling of new food raw materials in prepackaged foods: According to the relevant provisions of the National Food Safety Standard General Principles for the Labeling of Prepackaged Foods (GB 7718-2011), the eating method is the recommended label. The labeling of prepackaged food shall comply with relevant laws, regulations, standards and relevant provisions. If the prepackaged food contains the announced new food raw materials, if the announcement clearly requires that the consumption amount and unsuitable groups be indicated on the label or instructions, it shall be labeled in accordance with the requirements of the relevant announcement; If there are requirements for the amount of consumption and unsuitable groups in the announcement, but there is no requirement to indicate it on the label or instructions, the food production enterprise can choose whether to label it or not.
Regarding the use of fructooligosaccharides in the preparation of milk powder: the "Reply to the Reply on Issues Related to the Use of Fructooligosaccharides" (National Health Office Food Letter [2013] No. 118) has clarified the problems related to the use of fructooligosaccharides, and the document has been actively disclosed. At present, our committee is organizing the formulation of the "National Food Safety Standard Food Nutrition Fortifier Fructooligosaccharides", which should be implemented in accordance with the current standards and relevant regulations before the standard is released.
11. Reply of the General Office of the National Health and Family Planning Commission on issues related to koji (National Health Office Food Letter [2015] No. 1191)
Jiuqu is a traditional saccharified starter culture in the mainland winemaking industry, and Continental has formulated a number of relevant industry standards such as "General Analysis Method for Brewing Daqu" (QB/T 4257-2011), "Terminology of Brewing Daqu" (QB/T 4258-2011), "Fragrant Daqu" (QB/T 4259-2011) and so on. Depending on the raw materials for making koji, the production process, and its role in the sake brewing process, koji belongs to the culture used for food fermentation. Since koji is used as a fermentation strain during winemaking and is not present in the final product, it does not need to be indicated on the final product label.
12. Reply to questions about the labeling of liquid milk products (Guowei Food Label Letter (2014) No. 207)
According to the provisions of the National Food Safety Standard Modified Milk (GB 25191-2010) and the General Principles for the Labeling of Prepackaged Food of the National Standard for Food Safety (GB 7718-2011), modulated milk is a liquid product made by processing not less than 80% of raw bovine (sheep) milk or recombined milk as the main raw material, and "modulated milk" is the category name of this type of liquid milk products. Modulated milk products can use "xx milk" as the product name according to the characteristics of the product, and indicate the product category "modulated milk" on the product label.
13. Reply to Questions Related to the Labeling of Prepackaged Food (Health Office Supervision Letter [2013] No. 36)
Indication of water in distilled spirits and their ingredients. In addition to the water that has volatilized during the production and processing process, the water added during the production and processing of distilled liquor such as brandy and its prepared liquor should be indicated in the ingredient list.
Indication of the quality (quality) level of imported prepackaged food. Imported pre-packaged food is not mandatory to indicate the relevant product standard code and quality (quality) level. If the enterprise indicates the product standard code and quality (quality) level, it should ensure that it is true and accurate.
14. Reply to questions about the labeling of cultures used in food (Health Office Supervision Letter [2013] No. 367)
The Notice of the General Office of the Ministry of Health on Printing and Distributing the List of Cultures That Can Be Used in Food (Weiban Supervision Fa [2010] No. 65) and Announcement No. 25 of 2011 of the former Ministry of Health respectively stipulate the list of strains that can be used in food and infant food. If the above strains are used in prepackaged food, the name of the strain shall be marked in accordance with the requirements of the General Principles for the Labeling of Prepackaged Food (GB 7718-2011), and the enterprise may mark the corresponding strain number and strain content on the prepackaged food at the same time.
15. Reply to the Implementation Time of Labeling of Cultures Used in Food (Health Office Supervision Letter [2013] No. 419)
From January 1, 2014, food production enterprises shall indicate the relevant strains on the labels of prepackaged foods in accordance with our Committee's "Reply on Issues Related to the Labeling of Cultures Used in Food" (Weiban Supervision Letter [2013] No. 367). Prepackaged food that has been produced and sold before January 1, 2014 can continue to use the existing label and continue to be sold during the shelf life of the food.
16. Reply to the Nutrition Labeling of Reused Glass Bottles Packaged Food (Health Office Supervision Letter [2013] No. 397)
For food packaged in reusable glass bottles, if the information cannot be printed on the bottle body, it can be implemented in accordance with Article 7 of the General Principles for Nutrition Labeling of Prepackaged Foods (GB 28050-2011) "Food with a total surface area of less than 100cm2 or a maximum surface area of less than 20cm2", and is exempted from labeling nutrition labels. Manufacturers are encouraged to provide nutritional information in the outer boxes of the above-mentioned foods or the inside of their boxes.
17. Reply to Questions Concerning the Labeling of Prepackaged Alcoholic Beverages (Health Office Supervision Letter [2012] No. 851)
About the sulfur dioxide logo on wine labels. According to the General Principles for the Labeling of Prepackaged Food (GB 7718-2011) and Fermented Wine and Its Blended Wines (GB 2758-2012) and their implementation time, wines using the food additive sulfur dioxide are allowed to be labeled as sulfur dioxide or trace sulfur dioxide on the label before August 1, 2013; Wines produced or imported after August 1, 2013 using the food additive sulfur dioxide shall be labeled as sulfur dioxide, or marked with trace amounts of sulfur dioxide and content.
On the identification of the name of the country or region of origin of imported food. According to the General Principles for the Labeling of Prepackaged Food (GB 7718-2011), imported prepackaged food should be marked with the name of the country of origin or regional name, which refers to the name of the country or region where the food becomes the final product, and also includes the name of the country or region where the packaging (or filling) is provided. The label of the Chinese of imported prepackaged beverages shall truthfully and accurately indicate the name of the country of origin or the name of the region.
Source: Regulatory Voices
Contribution: Office
Editor: Long Nanya
First instance: Lv Ningping
Second instance: Chen Hua
Third Review: Yang Hong
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