

Written by Dr Martina Gerst – Standards & Conformity Assessment Advisor at the EU SME Centre
Chinese consumers’ appetite for foreign foodstuffs is unbowed. In 2014, imported food trade was valued at EUR 42 billion. 35 million tonnes of imported food were inspected and quarantined in China. Food and Beverage (F&B) imports from the EU were worth EUR 8.2 billion, with an expected market growth for organic food of more than 20% in the next few years. The top five exports from Europe to China are beverages (spirits/vinegar/wine), pastries, meat, dairy, and seafood.
For specific information about exporting meat and dairy products to China, download the guidelines below:
As China’s F&B market continues to grow, there are remaining concerns over the country’s food safety issues. To address that, the Chinese government has been restructuring its mechanisms to supervise food production and distribution over the past two years. On October 1st 2015, the New Food Safety Law (NFSL) entered into force. It is considered to be the most stringent Food Safety Law ever passed in China.
In the past few months, the National Health and Family Planning Commission (NHFPC), the China Food and Drug Administration (CFDA) and the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), along with other administrative agencies, published several important regulations, national food safety standards, and measures.
It currently looks like China is shifting its emphasis from supervision and inspection at ports (which is already extending the supervision work of AQSIQ) towards the control of manufacturers in the country of origin using CNCA and post-market inspection by CFDA to all food commodities. More documentation and recordings of foreign manufacturer credentials, as well as inspection and testing of food imports for exporters are required.
The new law is meant to clean up China’s entire food supply chain – from banning toxic pesticides, regulating labelling, distribution, and, importantly, increasing punishments for those who violate existing laws. There is a new burden of responsibility placed on everyone involved in the food chain- from farms to restaurants in China as well as on European SMEs exporting their foodstuffs to China.
Although the NFSL is still a draft version, expected to undergo changes until it comes finally into force, it is worth taking a look at important articles as well as at some of the measures mentioned concerning EU SMEs.
The NFSL now contains ten chapters including 154 articles, compared to the previous 104 articles. This amended version of the law provides the regulatory framework that will shape the operations of traditional F&B and online operators in China, and as mentioned, all the other players involved in import and export activities. There are several other related rules and administrative measures that have already come into force or are still on a draft status. These measures expand some of the articles of the food safety law.
EU SMEs should pay particular attention to Chapter 6 of the NFSL: the “Food Import and Export”. The different articles cover the following:
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As mentioned before, the regulatory environment does not only include the implementation rules of the NFSL but is also supported by a number of Administrative Measures. One of them is the AQSIQ draft version on the “Administrative Measures for Foreign Food Importer’s Review and Inspection of Overseas Enterprises”. These measures strengthen the role of the importer as guarantor of the food safety of the products they sell in China.
The Law imposes the new requirements that importers shall review relevant documents by their foreign suppliers – exporters and producers. If the imported food products fall in one of the seven categories below that must have on-site inspection, the importers are required to conduct an on-site inspection of the exporters and producers too. The review/inspection records shall be kept properly, otherwise, importers will be punished. Besides guidance for food safety risk control, the draft measures include the “Catalogue of Products that Must Have On-site Inspection” across the following seven product categories:
Infant formula
Infant formula products from Europe are high in demand. According to the catalogue, the law specifically requires infant formula importers to carry out on-site inspections either by themselves or by an authorised third party once every three years.
However, Article 81 of the NFSL specifically deals with infant formula. Of note:
In this context it should also be mentioned that the CFDA has published the draft version of the “Administrative Measures for Registration of Infant Formula Formulations”. Currently, those measures only affect domestic Infant Formula producers, not European ones. However, in the future it could be extended to foreign producers.
New Rules for Online Food Retailers
Infant Formula is not the only product that gained popularity being sold online. Online shopping for food has become a major trend in China, which made the changes in the new FSL a must.
The new provisions adopted for online platform operators that sell food products include:
Online food retailers will be held liable if they cannot provide this type of information. To comply with these requirements, they have to set up new systems, revise registration procedures and do due diligence. In addition, the online retailers have to report to CFDA any illegal activities sellers commit on the platform and act accordingly.
To support the NFSL, the draft version of the “Administrative Measures for Supervision on Operation of Foods Sold Online” has been published last year.. It follows the articles laid out in the NFSL with regards to online food traders and platforms. It stresses the importance of the implementation of a traceability and supervision system, holding them accountable if there’s any discrepancy between the information shown on the website and the actual products. In more detail:
Related to the online selling of food, Cross-Border E-commerce (CBEC) via Free-trade Zones (FTZ) has become very popular; with Chinese consumers as well as with European businesses. In October 2015, AQSIQ published the Draft of the detailed “Rules of Supervision and Administration on the Safety of the Foods Imported via Cross-Border E-commerce under the Bonded Internet Shopping Model”.
Once these measures come into force, the online platform or trader will need to declare to the local entry and exit inspection and quarantine institution the following documents (article 14):
1. The list of the product names and the corresponding HS code, model and specification.
2. The official quarantine (health) certificate to be submitted from the exporting country as required by the laws and regulations, bilateral agreement, protocol and other regulations.
3. Self-certification information of the products. This self-certification, as explained in article 13, must be issued by a qualified laboratory.
4. The filing number of the operating enterprise.
5. The qualifications of registration, filing and safety assessment that shall be obtained for the product.
It is also required for online platforms and traders to keep a sales record and a traceability system of the food products sold. In addition to this, platforms will also be responsible for daily inspection, the recall of uncompliant products, and civil compensation for damages on the consumers’ legitimate interests.
It is important to highlight that the products delivered directly to the Chinese consumer by international courier are not included in the scope of application of these measures.
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All these changes to the food safety law in China are clearly a move in the right direction to strengthen food safety for Chinese consumers. While they are unfolding over time, our recommendations and key takeaways are as follows:
Chinese consumers will definitely benefit from a strengthened food safety law when implemented and enforced as it also provides stricter rules for domestically manufactured foods, whereas European SMEs are facing more and complex pre-market approvals for general and special foodstuffs.
To gain the latest overview of the food & beverage market in China, download our sector report. To learn about the specific labelling requirements for food and beverage products in China, download the guideline here.