The State Administration for Market Regulation revised the Measures for Administration of Food Business License and Filing. The Measures revised the following contents in terms of optimizing the business environment: clarifying the relevant requirements for filing of only prepackaged food sales, adjusting the relevant licensing matters to reporting matters, simplifying the food business license procedures, shortening the time limit for handling of food business license, and promoting the informatization of food business license and filing. In terms of coordinating development and safety and optimizing food business licensing matters, the revisions to the Measures include helping new business formats, new models and new technologies to continue to develop healthily, focusing on the bottlenecks and difficulties reflected by enterprises, adjusting and refining food business categories and projects, adjusting the business format labeling of food business entities, and adjusting the conditions for food business licensing. The Measures were released on June 15, 2023 and took effect on December 1, 2023.
The State Administration for Market Regulation revised the Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products Market Sales. The Measures consists of 51 articles, and the main contents include: strengthening the food safety responsibilities of market operators and sellers; Listing the commitment to compliance certificate as one of the valid certificates for the inspection of edible agricultural products in accordance with the relevant provisions of the Law on Quality and Safety of Agricultural Products; In response to the public's complaints about the misleading of consumers by "lamp for fresh food", adding requirements for the installation and use of lighting and other facilities in sales venues. The Measures were released on June 30, 2023 and took effect on December 1, 2023.
The State Administration for Market Regulation revised the Administration Measures on Formula Registration of Infant and Young Children Formula Milk Powder. The Measures took effect on October 1, 2023. The revised Measures consists of 6 chapters and 52 articles, and stipulates the application and registration procedures, labels and instructions, supervision and administration, legal responsibilities, etc. for enterprises that intend to produce, sell and import infant and young children formula milk powder in China. The main contents include: Strict formula registration and detailed verification requirements; Further standardization of labeling and identification to protect consumer rights and interests; and adjustment of the legal responsibilities for formula registration of infant and young children formula milk powder.
The State Administration for Market Regulation revised the Administrative Measures for the Registration of Food for Special Medical Purpose. The Measures consists of 7 chapters and 64 articles, and stipulates application conditions, registration procedures, clinical trials, labels and instructions, supervision and administration, legal responsibilities, etc. for new enterprises that intend to produce and sell food for special medical purpose in China and overseas manufacturers that intend to export food for special medical purpose to China. The main contents include: strict product registration and detailed management requirements; Encouraging R&D innovation to meet clinical needs; Standardizing labeling and indication to protect consumer rights and interests; Optimizing registration procedures and improving registration efficiency; Strict supervision and administration and strengthening legal responsibilities.
The National Health Commission revised the Measures for Administration of Food Safety Standards. The revised Measures consists of 7 chapters and 45 articles. Chapter 1 General Rules stipulates the scope of adjustment, principles of standard formulation, responsibilities of all parties, etc. Chapters 2 to 5 stipulate the national standard formulation procedures and specific provisions, Chapter 6 stipulates the requirements for filing of local standards, and Chapter 7 is the supplementary provisions. The Measures took effect on December 1, 2023.
The State Council issued the newly revised Measures for the Evaluation and Assessment of Food Safety Work. The Measures is an important institutional document for the evaluation and assessment of food safety work of the People's governments of provinces (autonomous regions and municipalities) and the Xinjiang Production and Construction Corps. It plays an important role in implementing the decisions and arrangements of the Party Central Committee and the State Council on strengthening food safety work, strengthening the local governments' territorial management responsibilities for food safety, improving the level of food safety work throughout the entire chain, and protecting the health and life safety of the people.
The Ministry of Agriculture and Rural Affairs and the State Administration for Market Regulation jointly issued the Notice on Strengthening the Coordination of Relevant Provisions of the Newly Revised 'Law of the People's Republic of China on the Quality and Safety of Agricultural Products'. The newly revised Law of the People's Republic of China on the Quality and Safety of Agricultural Products took effect on January 1, 2023. Relevant matters include urging and guiding edible agricultural products manufacturers to issue commitment to compliance certificates, urging and guiding edible agricultural product purchasers to collect, preserve and issue commitment to compliance certificates, and strengthening the management of commitment to compliance certificates for edible agricultural products sold through online trading platforms.
The General Administration of China Customs decided to suspend the import of aquatic products (including edible aquatic animals) originating from Japan from August 24, 2023 (inclusive). In accordance with the Food Safety Law of the People's Republic of China and its implementing regulations, the Measures of the People's Republic of China for the Administration of Import and Export Food Safety, etc., the General Administration of China Customs decided to suspend the import of aquatic products (including edible aquatic animals) originating from Japan from August 24, 2023 (inclusive).
The Supreme People's Court released four typical cases of punitive damages for food safety. Mainly clarify and unify the judgment rules in two aspects: one is to support consumers' rights protection behaviors, and the other is to support requests for punitive damages within the scope of daily consumption. By unifying the judgment rules, the release of typical cases helps guide manufacturers and operators to legally produce and operate, consumers to rationally protect their rights, protect food safety, and create a good legal environment for promoting high-quality economic and social development.
The multi-topic, multi-level, and cross-regional local food safety legislation is constantly being improved. The 2023 local food safety legislation involves multiple dimensions in terms of content, including: formulating and revising the province's food safety regulations, such as the Sichuan Provincial Food Safety Regulations voted and passed at the third meeting of the 14th Sichuan Provincial People's Congress Standing Committee; Revising the province's "three small" legislation, such as the Management Regulations of the Inner Mongolia Autonomous Region on Food Small Workshops, Small Restaurants, Small Grocery Stores and Food Vendors, which was revised and implemented since March 1, 2024; Formulating provincial regulations for specific areas, such as the Zhejiang Provincial Food Safety Digital Traceability Regulations passed at the fifth meeting of the 14th Zhejiang Provincial People's Congress Standing Committee.
Source: China Market Regulation News
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