Analysis| New Rules on Imported Foods for Special Dietary Uses Ⅱ

Date: 2021-Dec-22 Source:GACC View: 1756

New provisions of Chinese labels for imported foods for special dietary uses

According to Article 30 of Order No. 249, the packagings, labels, and marks of import food shall comply with the laws, regulations, national food safety standards of China, and shall be accompanied by an instruction manual in Chinese if the law so requires. The label of imported health food and foods for special dietary uses in Chinese must be printed on the smallest sales package, and shall not be affixed thereto.

If the Chinese labels of imported health foods and foods for special dietary uses meet the definition requirements of Chinese laws and regulations and national food safety standards, they must be printed directly on the smallest sales package before entry, and must not be affixed in China.

The Chinese labels of imported foods for special dietary uses should meet the related requirements of GB 13432-2013. A registered manufacturer shall mark the Chinese registration number or the registration number approved by the competent authority of the country/region on the inner and outer packagings of foods for special uses that exported to China.

New requirements of GACC for importers of foods for special dietary uses

According to Article 22 of Order No. 249, a food importer shall establish an overseas exporters and overseas production enterprises audit system with a focus on examining the following:

(1) Formulation and implementations of food safety risk control measures;

(2) Ensurance that the food complies with the laws, regulations, and national food safety standards of China;

In other words, the importers of foods for special dietary uses should audit the implementations of food safety risk control measures for overseas manufacturers and whether the products meet the requirements of the laws, regulations, and national food safety standards of China to ensure that foods for special dietary uses entering China meet the related requirements of the laws and regulations of China.

According to Article 21 of Order No. 249, a food importer shall establish a food import and sales record system, truthfully record the name, net content/specification, quantity, production date, production or import lot number, shelf life, the name, address, and contact information of the overseas exporter or purchaser, delivery date, and other information on food, and keep relevant documents. The records and documents shall be kept for not less than six months after the expiration of shelf life of food, or for not less than two years after sale in the absence of such shelf life.

From January 1, 2022, the importers of foods for special dietary uses should keep imports and sales records and relevant documents of relevant products for not less than six months after the expiration of shelf life of foods, in other words, if the shelf life of the product is two years, relevant records and documents should be kept for at least two years and six months.

Other special import provisions of imported foods for special dietary uses

According to the Announcement on Strengthening the Administration of Imported Infant and Young Children Formula Milk Powder (former AQSIQ Announcement No. 133 of 2013) issued by former General Administration for Quality Supervision, Inspection and Quarantine, if the expiration date of imported infant and young children formula milk powder is less than 3 months from the inspection date to the shelf life, customs clearance shall be denied; imported infant and young children formula milk powder must be filled in the smallest retail package sold to consumers, and imported large packages of infant and young children formula milk powder are not allowed to be imported. The Chinese label of imported infant and young children formula milk powder must have been directly printed on the smallest sales package before entering China, and must not be affixed in China. If there is no Chinese label on the product package or the Chinese label does not comply with the laws, regulations, national food safety standards of China, the product shall be returned or destroyed as substandard products.

According to related regulations of Food Safety Law and its Implementation Regulations, the product formula of infant and young children formula milk powder and food for special medical purpose shall be registered with the CFDA. When importing infant and young children formula milk powder and food for special medical purpose, the related CFDA registration documents shall be provided. At the same time, the contents of Chinese labeling and instructions of imported infant and young children formula milk powder and foods for special dietary uses shall be consistent with registered labels and instructions.

Source: GACC

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