Case| Imported Food Passed the Inspection ≠ Compliance

Date: 2020-Dec-17 Source:SUPREME PEOPLE’S COURT View: 758

Imported food must meet China national food safety standards. If the imported food does not meet China national food safety standards, and the People's Court does not support the defense that the imported food has passed the inspection and quarantine of China’s entry-exit inspection and quarantine agency.

A company sells imported vitamin capsules in an online store. Plaintiff bought 30 bottles of vitamin capsules, a total payment of 8,000 Yuan. According to the Response of Questions on the Characterization of Foods Containing Non-General Food Ingredients issued by former Food and Drug Administration on and National Food Safety Standard Standard for Uses of Food Additives, the vitamin capsule food added food additives illegally. The plaintiff sued A company on the grounds that vitamin capsules sold violated China national food safety standards and was liable for punitive damages.

The People's Court held that although the imported food had been inspected and quarantined by China's entry-exit inspection and quarantine agency, it did not mean that the imported food necessarily complied with China's national food safety standards. According to the national food safety standard, the relevant food additives cannot be used in vitamin capsule food. A company could not prove that the administrative authority had given permission to the use of these additives in this food. The imported vitamin capsules sold by A company used these food additives in the ingredients, which did not meet China national food safety standards. The People's Court did not support the defense that the imported food has passed the inspection and quarantine of China’s entry-exit inspection and quarantine agency. Therefore, the People’s Court supported the litigation request of plaintiff.