---
title: "Banning False Food Claims: What Else Does the New Food Safety Law Implementation Regulations Signal?"
description: "One month later, the revised Regulations for the Implementation of the Food Safety Law of the People's Republic of China will take effect. For food production enterprises, the revised Regulations will bring these impacts: -01- Illegal enterprises have nowhere to hide: a blacklist system is established. With intensifying market competition, copycat and counterfeit products still flood the market, harming consumers and legitimate enterprises. The revised Regulations establish a blacklist system for serious violators in production and operation, and also establish a joint punishment mechanism for dishonesty, linking food safety credit status with market access, financing, credit, and credit reporting, and promptly disclosing it to the public."
author: "李青林"
publisher: "New Distribution"
email: "zhaobo258@gmail.com"
telephone: "+8615854817671"
published: "2019-11-07"
categories: "Capital, Earnings & M&A"
language: "en"
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---

# Banning False Food Claims: What Else Does the New Food Safety Law Implementation Regulations Signal?

> One month later, the revised Regulations for the Implementation of the Food Safety Law of the People's Republic of China will take effect. For food production enterprises, the revised Regulations will bring these impacts: -01- Illegal enterprises have nowhere to hide: a blacklist system is established. With intensifying market competition, copycat and counterfeit products still flood the market, harming consumers and legitimate enterprises. The revised Regulations establish a blacklist system for serious violators in production and operation, and also establish a joint punishment mechanism for dishonesty, linking food safety credit status with market access, financing, credit, and credit reporting, and promptly disclosing it to the public.

**One month later, the revised Regulations for the Implementation of the Food Safety Law of the People's Republic of China will take effect. For food production enterprises, the revised Regulations will bring these impacts:**
**-01-** **Illegal enterprises have nowhere to hide: a blacklist system is established**
With intensifying market competition, copycat and counterfeit products still flood the market, harming consumers and legitimate enterprises. The revised Regulations establish a blacklist system for serious violators in production and operation, and also establish a joint punishment mechanism for dishonesty, linking food safety credit status with market access, financing, credit, and credit reporting, and promptly disclosing it to the public.
Moreover, the Regulations strengthen food safety supervision, with county-level and above governments establishing authoritative supervision systems, and stipulating random supervision inspections and cross-regional inspections. This allows for uninterrupted supervision of enterprise production behavior and prevents local protectionism.
**-02-** **Consumers are not easy to fool: food safety knowledge is incorporated into national quality education**
In recent years, China has seen frequent food safety issues. Besides unscrupulous enterprises driven by profit, a more important factor is that consumers lack food safety knowledge, cannot understand ingredient lists, do not understand food additives, and are easily misled by irresponsible self-media. This reflects the lack of food safety knowledge among consumers.
**The revised Regulations incorporate food safety knowledge into national quality education, popularize scientific common sense and legal knowledge about food safety, and enhance the food safety awareness of the whole society.**
This enables consumers to judge products scientifically. As consumers' awareness of food safety knowledge improves, enterprises will find it harder to deceive consumers, which can force enterprises to invest more energy in product innovation and R&D, leading to healthy market competition.
**-03-** **Enterprise standards have a basis: clarifying the filing scope of enterprise standards**
Enterprise standards are the yardstick for product production. Previously, enterprise standards were mainly based on national standards. Some enterprises deliberately raised or lowered enterprise standards to evade policy supervision, which can easily lead to food safety issues.
The revised Regulations improve basic systems such as food safety risk monitoring and food safety standards, standardize the formulation of local food safety standards, and clarify the filing scope of enterprise standards. For enterprises, this provides a basis for setting standards and greatly enhances the legitimacy of enterprise food safety systems.
At the same time, the Regulations explicitly require food production enterprises that formulate enterprise standards to make them public for free public access. Publicizing enterprise standards helps consumers supervise food enterprises and also allows consumers to better understand product production standards.
**-04-** **Local standard formulation is no longer behind closed doors: public comments should be solicited**
For a long time, the formulation of local standards in the food industry has been led by relevant government departments and industry experts. Consumers and related enterprises are often unclear about the basis and sources of standard formulation. This can lead to consumers not understanding local standards and enterprises not being convinced by them.
The revised Regulations require that when formulating local food safety standards in accordance with the law, public comments and suggestions should be solicited. This indicates that the formulation of local standards is no longer behind closed doors but is more grounded. Allowing consumers and enterprises to participate in the formulation of local standards can better understand consumer needs and provide broader ideas for enterprise R&D and production.
**-05-** **Producers are no longer confused: accelerating the update of new raw materials and additives**
The emergence of new raw materials and additives provides a foundation for food R&D innovation. However, due to the slow update of the library of new raw materials and additives, it is not conducive to industry promotion. Moreover, without timely national standards for new raw materials and additives, they can easily be misused by enterprises.
The revised Regulations stipulate that the health administrative department of the State Council shall promptly publish the catalog of new food raw materials, new food additives, and new food-related products, as well as the applicable national food safety standards. This allows food production enterprises to promptly understand whether new products meet national standards, which will accelerate the speed of new product R&D and reduce the cost of trial and error in new product development.
**-06-** **Making products traceable: production enterprises should improve the food safety traceability system**
Product traceability can effectively reduce the risk of food safety incidents. However, apart from some leading enterprises, many enterprises have not incorporated product traceability into their daily production.
**The revised Regulations have two highlights for the food safety traceability system:**
1\. Government-led, production operators establish and improve the food safety traceability system through information technology. They should truthfully record and preserve information such as incoming inspection, factory inspection, and food sales to ensure food traceability.
2\. The responsibility is assigned to enterprise leaders. Food safety supervision and management departments should conduct random supervision and assessment of enterprise food safety management personnel.
**-07-** **OEM enterprises are more standardized: strengthening supervision of OEM enterprises**
OEM production is a common method for enterprises, especially for internet-based food brands. However, due to the lack of clear regulations and specific responsible persons to effectively supervise OEM enterprises, product quality and food safety issues can easily arise.
**The revised Regulations have clear requirements for entrusted production enterprises. First, when looking for OEM enterprises, they should ensure that the OEM enterprise has a food production license and a food additive production license.**
Second, enterprises should supervise the entrusted production enterprise and be responsible for the products produced. At the same time, the entrusted party should produce in accordance with the law, food safety standards, and the contract, and be subject to the supervision of the entrusting party.
This means that problems at the OEM factory will directly affect the entrusted enterprise, requiring the entrusted enterprise to be more stringent when selecting OEM factories and to supervise the production behavior of the OEM factory.
**-08-** **Standardizing low-temperature cold chain logistics requirements**
**In recent years, cold chain logistics has developed rapidly, driving the rapid growth of the low-temperature frozen industry.** However, there have been no clear regulations for cold chain logistics during transportation and storage.
The revised Regulations set clear requirements for temperature and humidity during storage and transportation of low-temperature cold chain products. They also require food operators to strengthen the review of third-party storage and transportation companies' qualifications, truthfully record the details of the entrusting party and the receiving party, and keep records for no less than 2 years.
**-09-** **Expired food handling is more standardized: strengthening supervision of expired food**
How to handle expired food? Most food enterprises choose to send it to waste treatment plants for destruction, while some unscrupulous enterprises even tamper with dates for secondary sales.
The revised Regulations have clear provisions for the handling of expired food. The government should build facilities for harmless treatment and destruction of food; enterprises should have dedicated places to store expired and spoiled food, conduct harmless treatment in a timely manner, and retain destruction records.
**-10-** **E-commerce platforms are no longer special: online food transactions are more standardized**
With the continuous development of e-commerce platforms and the rise of the internet celebrity economy, some internet-famous foods of unknown origin flood e-commerce platforms. An important reason is that platforms have not effectively supervised them.
The revised Regulations have clear requirements for third-party platforms: **First, platforms should preserve the registration information and transaction information of online food operators. Second, food safety supervision departments can require third-party platforms for online food transactions to provide relevant information during law enforcement, and they have a legal obligation to keep the information confidential.**
This will increase the scrutiny of food enterprise qualifications on internet platforms and effectively reduce the appearance of products without production licenses, quality inspection, or production dates.
**-11-** **False publicity is not allowed: food publicity is more standardized**
To attract consumer attention, some food enterprises deliberately exaggerate their publicity, especially for health foods, often using meetings, lectures, health consultations, and other methods for false publicity, causing harm to consumers.
The revised Regulations explicitly prohibit false publicity of food through any means, including meetings, lectures, and health consultations.
In addition, non-health foods must not claim to have health functions. For infant formula foods that add selective substances specified in national food safety standards, they must not be named after the selective substances.
**With the emergence of this regulation, it will promote more rational publicity for functional beverages, infant formula, health foods, and other products.**
**-12-** **Establishing rapid response teams: improving the food safety incident mechanism**
With the improvement of the legal and regulatory system, the number of food safety incidents is decreasing. Even so, a professional and rapid emergency management mechanism for food safety incidents is still needed.
The revised Regulations specifically address this, requiring the government to lead the improvement of the mechanism, enhance emergency equipment, and cultivate professional talent. This means that in the future, when food safety incidents occur, there will be no need to temporarily form a response team; instead, more professional personnel will handle it.
From the above highlights, it can be seen that the new Regulations are more grounded, providing more detailed explanations for the formulation of both local and enterprise standards.
They impose higher requirements on food producers, assign responsibilities to individuals, and increase penalties, indicating that the cost of illegal behavior for food production enterprises will be higher in the future.
In addition, the new Regulations provide more specific implementation standards and methods in details, allowing food production enterprises to more clearly determine whether their behavior is illegal.
In the future, food safety supervision will no longer be just the work of relevant national departments, but will encourage production enterprises and e-commerce platforms to actively participate. This will maximize the prevention of food safety incidents from the source.
**With the implementation of the new Regulations, it is believed that China's food industry will move towards a more standardized, healthy, and safe direction.**
Tips will be paid 400-2000 yuan once adopted.


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## Citation metadata

- Publisher: New Distribution
- Author: 李青林
- Published: 2019-11-07
- Canonical: https://xinjignxiao.com/en/articles/banning-false-food-claims-what-else-does-the-new-food-safety-law-impleme-fdded308/
- Original source: https://mp.weixin.qq.com/s/_cRLOvrNGWO7SMSpLlzMbw

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