Qualification requirements

Anyone engaged in food sales and catering services within the territory of the People's Republic of China should obtain a food business license according to laws. Where only prepackaged foods (including special foods such as health food, food for special medical purpose, infant and young children formula milk powder and other infant formula foods) are sold, it shall be reported to the local market supervision department at or above the county level for filing.

The imported health food should be the product approved for sale by the competent department of the exporting country (region).

Requirements for process management

Check qualification certificate

When purchasing food, a food business operator should check the supplier's license and food factory inspection certificate or other certificate of conformity, establish a food purchase inspection record system, and the retention period of records and certificates should not be less than six months after the expiry date of the product. If there is no definite shelf life, the storage period should not be less than two years.

Food that does not meet the specifications needs to be recalled

Where a food operator finds that the operated food does not meet food safety standards or there is evidence that it may be harmful to human health, the business operation should be immediately stopped, the relevant manufacturers, operators and consumers should be notified, and the business cessation and notification should be recorded. If a food manufacturer considers that a recall should be made, it should be made immediately. Where the food sold by the food operator falls under the circumstances specified in the preceding paragraph due to the reasons of the food operator, the food operator should recall it. The food manufacturer and operator should report the food recall and disposal to the food safety supervision department of the local People's government at the county level; where the recalled food needs to be treated harmlessly or destroyed, the time and place should be reported in advance.

Make clear the differences between health food and general food or medicine

Online sales of health food should make a clear distinction between health food and general food, medicine, etc. on the web display to prevent confusion and avoid the risk of legal liability. It is prohibited to sell health food and general food or medicine at the same link or in combination.

Mark prompt information

Health food operators should mark the prompt information such as "health food is not a drug, cannot replace drugs to treat diseases" in the premises of health food, network platforms and other prominent positions.

Requirements for advertising and publicity

01 The provisions of the Advertising Law should apply to the use of the Internet for advertising activities

02 False publicity is not allowed

Business operators should not make false or misleading commercial publicity about the performance, function, quality, sales status, user evaluation or previous honors of their commodities to deceive or mislead consumers. Business operators should not, by organizing false transactions or other means, help other business operators to carry out false or misleading commercial publicity.

03 False contents are not allowed

The content of food advertisements should be true and legal, should not contain false content, and should not involve the function of disease prevention and treatment. Food manufacturers and operators should be responsible for the authenticity and legality of the contents of food advertisements.

The advertisement should state that "this product is not a substitute for medicine"; the contents should be examined and approved by the food safety supervision department of the People's government of the province, autonomous region or municipality directly under the Central Government where the manufacturer is located, and the approval document for health food advertising should be obtained.

Advertisements should not contain the followings:

(1) Assertions or guarantees of efficacy or safety;

(2) Involving disease prevention and treatment functions;

(3) Claims or implies that the advertised commodities are necessary for health;

(4) Comparison with medicine and other health food;

(5) The use of advertising spokespersons for recommendation and certification;

(6) Other contents prohibited by laws and administrative regulations.

Food other than health food should not be claimed to have health functions.

Requirements for Internet transaction operators

E-commerce operators (including e-commerce platform operators, platform operators and e-commerce operators who sell commodities or provide services through self-built websites, other and network services) should register as market entities in accordance with laws, and where the related administrative license is needed, it should be obtained in accordance with laws.

E-commerce operators should, in a prominent position on their homepage, continue to publicize business license information, administrative license information related to their business, information that does not require registration of market entities in accordance with relevant regulations, or the link identification of the above information.

Where an e-commerce operator terminates its engagement in e-commerce on its own, the relevant information in a prominent position on the homepage 30 days in advance should continue to be publicized.

Source: SAMR

Note: This article is compiled by Antion. Please indicate the source for reprint.