Drafting Notes on “Food Label Supervision and Management Measures”(Draft for Soliciting Opinions)

Time:2019-12-02 Source:State Administration of market supervision
I. Necessity of Measures Drafting
Food identification is a carrier for food producers to convey food information to consumers, and it is also the most direct and effective way for consumers to understand food components and characteristics. In recent years, China's food related laws, regulations and standards have become more and more perfect, and relevant regulatory documents have also made regulatory requirements for food labeling at the regulatory level. However, in addition to the labels of prepackaged foods, the current labels on bulk and ready-made foods, edible agricultural products, irradiated foods, genetically modified foods, special foods (health foods, special medical formula foods, infant formula foods), and imported foods Supervision and management requirements are mostly scattered in different laws and regulations, departmental regulations, normative documents and standards, and the basis for food labeling management lacks completeness, uniformity, systematicness, and authority.
In order to strengthen the supervision and management of food labels, meet the needs of daily supervision and law enforcement, regulate the food labeling behavior of food production and operation entities, prevent false and fraud, protect the legitimate rights and interests of producers and consumers, and amend the "Food Label Supervision and Management Measures"(Hereinafter referred to as the" Measures ") is very necessary.
II The drafting process
In accordance with the legislative work plan of the General Administration of Market Supervision, the Food Production Department has repeatedly organized food safety experts and food regulators to study and discuss, paying particular attention to absorbing and sorting out the labeling problems encountered in regulatory work in recent years, and fully listening to provincial bureaus and relevant departments,industry associations and some enterprises, and extensively solicited opinions, analyzed the feedback opinions one by one, changed the drafts, and formed the "Measures (Opinion Soliciting Draft)".
III, the main content of the Measures
In accordance with the principles of people-centeredness, adherence to the "four strictest requirements", legal responsibilities, and comprehensive coverage, the Measures (Opinion Soliciting Draft) stipulates a total of 59 articles in seven chapters. Chapter 1 (General Provisions) consists of 4 articles, the main content of which is the legislative purpose, scope of application, and division of responsibilities; Chapter 2 (Basic Requirements for Food Labeling) contains a total of 11 articles, which mainly provide basic food labeling requirements and general regulations; Chapter 3 ( There are 24 articles on food labeling, which mainly specify the specific labeling requirements for prepackaged food labels; Chapter 4 (Obligations of Producers and Operators), a total of 5 articles, mainly stipulating the obligations of producers and operators and the tasks of food labeling. Principal responsibility requirements; Chapter 5 (Supervision and Management) consists of 4 articles, which mainly stipulate the duties and responsibilities of the supervision department to strengthen the supervision of food labeling. Chapter 6 (Legal Liability) consists of 9 articles, which mainly provide relevant legal responsibilities. There are 2 articles in Chapter 7 (Supplementary Provisions), which mainly stipulate the supervision and management of food labels produced by small food workshops and the implementation date of the Measures.