Jasmin Buijs, Bernd van der Meulen and Li Jiao
China’s Food Safety Law. Legal systematic analysis of the 2015 Food Safety Law of the People’s Republic of China
European Institute for Food Law working paper series 2018/01
The rising interest in the agri-food sector of the People’s Republic of China (PRC) comes along with legal questions about import requirements and the interpretation of the PRC’s agri-food law in general. The Food Safety Law of the People's Republic of China of 2015 (FSL) is the basis of China’s food regulatory system. This paper discusses the institutional framework in which the Law is embedded, its objectives, and linked therewith its relation with science. This paper also covers specific obligations that derive from the FSL and legal liability in case of non-compliance thereof. Addressing the who, what, and how of the FSL, this paper aims to contribute to a comprehensive and systematic analysis of the PRC’s agri-food law in the European civil law tradition of legal scholarship.
Jasmin Buijs, Bernd van der Meulen and Li Jiao
Pre-market Authorization of Food Ingredients and Products in Chinese Food Law. Legal systematic analysis of the pre-market authorization requirements of food ingredients and products in the People’s Republic of China
European Institute for Food Law Working Paper Series 2018/06
The basic principle of food safety regulation in the People’s Republic of China is that foods are not subject to explicit permission but that food businesses will be held responsible when the food they produce or distribute violates food safety norms. However, certain categories of food materials and end-products do require explicit permission before they can be produced and subsequently distributed. In other words: they are subject to a form of pre-market authorization. This applies to food ingredients that are newly introduced to the market as well as to special foods. The categories of materials to which such authorization requirement apply are i) new food additives, ii) novel food materials and iii) functional ingredients. Materials that fall into those categories must undergo pre-market authorization because of their novelty. The category of end-products that requires pre-market authorization is special foods, which includes i) health foods, ii) foods for special medical purposes and iii) infant formulas. The authorization of functional ingredients and of health foods directly relate to each other. Authorization takes place on application from a food business. The business has to provide evidence that the product is safe and meets other specified requirements regarding its functionality. Pre-market authorization procedures are an important part of food law in the People’s Republic of China, especially when it comes to special foods. The purpose of this paper is to clarify to which food materials and end-products authorization requirements apply and to set out the applicable procedures.
Jasmin Buijs, Sun Juanjuan and Bernd van der Meulen
Process Requirements in Chinese Food Law. Legal systematic analysis of process-related requirements for food production and distribution in the People’s Republic of China
European Institute for Food Law Working Paper Series No. 2018/05
Food producers and distributors are the main responsible actors to ensure food safety in the People’s Republic of China. Where food safety is the goal, hygiene is the means to reach that goal. Food businesses must therefore obtain a license that demonstrates compliance with basic hygiene rules before they can enter into business. Also, food businesses must establish and implement food safety management rules to control food safety during the processing phase. This includes the control of incoming products, packaging, storage and transportation, traceability, and the establishment of a recall system. Under the principle of self-regulation, food producers and distributors are required to formulate self-regulatory rules to comply with their obligations. They are guided by the 2015 Food Safety Law, the administrative rules that further implement the Food Safety Law, as well as by various food safety standards that are characteristic to the food safety regulatory system of the People’s Republic of China. This paper covers the chronological steps that food producers and distributors have to take to guarantee food safety. Although this paper mainly focusses on food producers and distributors in the People’s Republic of China, overseas producers of certain high-risk food products that wish to export to the People’s Republic of China may also be subject to process-related requirements by means of facility registration.
Jasmin Buijs, Bernd van der Meulen and Li Jiao
Food Information in Chinese Food Law. Legal systematic analysis of labeling and advertisement requirements of food products in the People’s Republic of China
European Institute for Food Law Working Paper Series 2018/07
This paper discusses the general rules on labeling and advertisement of food products in the People’s Republic of China. The framework of food labeling rules is set first of all by the Food Safety Law 2015. Technical implementations of those rules can be found in the Pre-packaged Product Labeling Standard (GB 7718-2011) and the Standard for Nutrition Labeling of Pre- packaged Foods (GB 28050-2011). More specific requirements can be found in the Standard on Pre-packaged special dietary food labels (GB 13432-2013), the Standard for the Labeling of Food Additives (GB 29924-2013), as well as other product-specific standards. Food advertisements are mainly regulated under the Advertisement Law. Compliance should not be taken lightly since non-compliance is not only treated with administrative sanctions, but may also be subject to civil actions. Consumers are encouraged to claim damage up to ten times the purchase price of the food in question or three times the losses suffered, which has led to the phenomenon of the ‘professional consumer’. This paper introduces the general framework of labeling and advertisement requirements and concludes with a discussion on the professional consumer.
China’s Food Safety Law. Legal systematic analysis of the 2015 Food Safety Law of the People’s Republic of China
European Institute for Food Law working paper series 2018/01
The rising interest in the agri-food sector of the People’s Republic of China (PRC) comes along with legal questions about import requirements and the interpretation of the PRC’s agri-food law in general. The Food Safety Law of the People's Republic of China of 2015 (FSL) is the basis of China’s food regulatory system. This paper discusses the institutional framework in which the Law is embedded, its objectives, and linked therewith its relation with science. This paper also covers specific obligations that derive from the FSL and legal liability in case of non-compliance thereof. Addressing the who, what, and how of the FSL, this paper aims to contribute to a comprehensive and systematic analysis of the PRC’s agri-food law in the European civil law tradition of legal scholarship.
Jasmin Buijs, Bernd van der Meulen and Li Jiao
Pre-market Authorization of Food Ingredients and Products in Chinese Food Law. Legal systematic analysis of the pre-market authorization requirements of food ingredients and products in the People’s Republic of China
European Institute for Food Law Working Paper Series 2018/06
The basic principle of food safety regulation in the People’s Republic of China is that foods are not subject to explicit permission but that food businesses will be held responsible when the food they produce or distribute violates food safety norms. However, certain categories of food materials and end-products do require explicit permission before they can be produced and subsequently distributed. In other words: they are subject to a form of pre-market authorization. This applies to food ingredients that are newly introduced to the market as well as to special foods. The categories of materials to which such authorization requirement apply are i) new food additives, ii) novel food materials and iii) functional ingredients. Materials that fall into those categories must undergo pre-market authorization because of their novelty. The category of end-products that requires pre-market authorization is special foods, which includes i) health foods, ii) foods for special medical purposes and iii) infant formulas. The authorization of functional ingredients and of health foods directly relate to each other. Authorization takes place on application from a food business. The business has to provide evidence that the product is safe and meets other specified requirements regarding its functionality. Pre-market authorization procedures are an important part of food law in the People’s Republic of China, especially when it comes to special foods. The purpose of this paper is to clarify to which food materials and end-products authorization requirements apply and to set out the applicable procedures.
Jasmin Buijs, Sun Juanjuan and Bernd van der Meulen
Process Requirements in Chinese Food Law. Legal systematic analysis of process-related requirements for food production and distribution in the People’s Republic of China
European Institute for Food Law Working Paper Series No. 2018/05
Food producers and distributors are the main responsible actors to ensure food safety in the People’s Republic of China. Where food safety is the goal, hygiene is the means to reach that goal. Food businesses must therefore obtain a license that demonstrates compliance with basic hygiene rules before they can enter into business. Also, food businesses must establish and implement food safety management rules to control food safety during the processing phase. This includes the control of incoming products, packaging, storage and transportation, traceability, and the establishment of a recall system. Under the principle of self-regulation, food producers and distributors are required to formulate self-regulatory rules to comply with their obligations. They are guided by the 2015 Food Safety Law, the administrative rules that further implement the Food Safety Law, as well as by various food safety standards that are characteristic to the food safety regulatory system of the People’s Republic of China. This paper covers the chronological steps that food producers and distributors have to take to guarantee food safety. Although this paper mainly focusses on food producers and distributors in the People’s Republic of China, overseas producers of certain high-risk food products that wish to export to the People’s Republic of China may also be subject to process-related requirements by means of facility registration.
Jasmin Buijs, Bernd van der Meulen and Li Jiao
Food Information in Chinese Food Law. Legal systematic analysis of labeling and advertisement requirements of food products in the People’s Republic of China
European Institute for Food Law Working Paper Series 2018/07
This paper discusses the general rules on labeling and advertisement of food products in the People’s Republic of China. The framework of food labeling rules is set first of all by the Food Safety Law 2015. Technical implementations of those rules can be found in the Pre-packaged Product Labeling Standard (GB 7718-2011) and the Standard for Nutrition Labeling of Pre- packaged Foods (GB 28050-2011). More specific requirements can be found in the Standard on Pre-packaged special dietary food labels (GB 13432-2013), the Standard for the Labeling of Food Additives (GB 29924-2013), as well as other product-specific standards. Food advertisements are mainly regulated under the Advertisement Law. Compliance should not be taken lightly since non-compliance is not only treated with administrative sanctions, but may also be subject to civil actions. Consumers are encouraged to claim damage up to ten times the purchase price of the food in question or three times the losses suffered, which has led to the phenomenon of the ‘professional consumer’. This paper introduces the general framework of labeling and advertisement requirements and concludes with a discussion on the professional consumer.