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Food Safety Law of China (2018)

食品安全法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Dec 29, 2018

Effective date Dec 29, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Product Liability Law Food Law

Editor(s) C. J. Observer

The Food Safety Law was promulgated in 2009 and amended in 2015 and 2018 respectively. The latest revision entered into force on December 29, 2018.

There are 154 articles in total.

The key points are as follows:

1.Those engaging in the following activities in the territory of the People’s Republic of China shall abide by this Law:

(1) manufacturing and business operation of food, food additives and food-related products;

(2) use of food additives and food-related products by food manufacturers and business operators;

(3) storage and transportation of foodstuffs; and

(4) safety management of food, food additives, and food-related products.(Article 2)

2.The food safety supervision and administration department of the State Council shall supervise and administer food production and trade activities in accordance with this Law and its functions prescribed by the State Council.(Article 5)

3.Food safety standards shall be standards for mandatory execution. No mandatory food standards other than food safety standards may be developed. A food manufacturers and business operators shall comply with food safety standards (Article 25)

4.The state shall adopt a licensing system for food production and trade. Those intending to engage in the production or sale of food or the catering services shall legally obtain a permit. However, a permit is not required for the sale of edible farm produce.(Article 35)

5.The state shall conduct strict supervision and administration of special food such as dietary supplements, formula food for special medical purposes, and formula food for infants.(Article 74)

6.Imported food, food additives, and food-related products shall meet the national food safety standards of China. Overseas exporters and overseas production enterprises shall undertake that the food, food additives, and food-related products exported to China comply with this Law, other relevant laws and administrative regulations of China, and the national food safety standards of China, and shall be responsible for the contents of labels and instructions. (Article 92 and 94)

7.Where a food safety incident occurring abroad may have an impact in China, or a serious food safety problem is discovered in any imported food, food additive, or food-related product, the entry-exit inspection and quarantine department of the state shall, in a timely manner, take risk warning or control measures, and notify the food safety supervision and administration, health, and agricultural administrative departments of the State Council. The departments that have received the notification shall take corresponding measures in a timely manner.(Article 95)

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