Circular Of The State Administration Of Quality Supervision, Inspection And Quarantine On The Amendment Of The Decision Of The Food Labeling Regulations

Original Language Title: 国家质量监督检验检疫总局关于修改《食品标识管理规定》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258987.shtml

Circular of the State administration of quality supervision, inspection and quarantine on the amendment of the decision of the food labeling regulations

    (October 22, 2009 123th State administration of quality supervision, inspection and quarantine announced come into force on the date of promulgation) under the People's Republic of China Food Security Act and its implementing regulations and other relevant provisions, the State General Administration of quality supervision, inspection and quarantine decision of the food labeling regulations as follows: First, the first is revised as follows: "in order to strengthen the supervision and management of food labeling, regulate food labeling, marking, and prevent fraud, protect the legitimate rights and interests of businesses and consumers, in accordance with the People's Republic of China Food Safety Act, the People's Republic of China product quality law, the State Council on strengthening food and other product safety supervision and management of special regulations and other laws and regulations, this provision is enacted.

    ” Second, eighth paragraph amended as: "food labeling should mark the producer's name, address, and contact information. Producer name and address should be legally registered, can assume control of product quality responsibility to the producer's name and address.

    ” , Nineth article is revised as follows: "food labelling should clearly mark the production date, shelf life of foods, storage conditions and in accordance with the relevant provisions of the callout.

    ” Nineth article is revised as follows: "ethanol content of more than 10% (10%) drink wine, vinegar, salt, sugar, solid class, may be exempt from marking period.

    ” Four, tenth paragraph modified as follows: "net content of prepackaged foods logo should be marked, and in accordance with the relevant provisions of labeling specifications. Foods containing solid and liquid substances, with the exception of net content marked, should also be marked drain (solids) content.

    ” Five, 11th paragraph modified as follows: "food labeling should be marked food ingredient or ingredients list.

    ” Addition of a paragraph, as the 11th the fourth paragraph: "primary and secondary food intended for infants and young children and other specific crowd, which identifies the main nutritional components and contents should also be marked.

    ” Six, 12th is revised as follows: "food label shall mark the enterprise implementation of code of product standards.

    ” Seven, 26th is amended as: "the violation of this provision constitutes the People's Republic of China Food Security Act and its implementing regulations, and violations of the laws and regulations, shall be punished in accordance with relevant laws and regulations.

    ” Eight, 28th is amended as: "the violation of the provisions of article 15th, not according to regulations on labeling warning marks or warning specifications in Chinese in accordance with the People's Republic of China product quality law punishment 54th article.

    ”

    Nine, delete article 30th.

    This decision shall come into force as of the date of.

    Pursuant to this decision of the food labeling regulations consequential amendments promulgated anew.

    Report: food labelling regulations (revised 2010)

    (August 27, 2007 the State General Administration of quality supervision, inspection and quarantine announced the 102th of October 22, 2009, the State administration of quality supervision, inspection and quarantine on decision to modify food labeling regulations amendments)

    Chapter I General provisions

    First in order to strengthen the supervision and management of food labeling, regulate food labeling, marking, and prevent fraud, protect the legitimate rights and interests of businesses and consumers, in accordance with the People's Republic of China Food Safety Act, the People's Republic of China product quality law, the State Council on strengthening food and other product safety supervision and management of special regulations and other laws and regulations, this provision is enacted.

    Article People's Republic of China territory of production (including packaging), sales of food labels and management, these provisions shall apply.

    Article on food labeling in these rules refers to paste on the food or their packaging, printing, marking, to represent the food name, quality grade, volume, consumption or use of goods, the producer or seller information, such as text, symbols, numbers, patterns, and other descriptions in General.

    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) in its mandate, is responsible for the Organization of national supervision and management of food labeling.

    Local quality and technical supervision departments above the county level in the context of its terms of reference shall be responsible for the supervision and administration of food labelling within the administrative area.

    Chapter on food labeling, tagging content

    Article fifth identified should be attached on the food or their packaging, but according to the provisions of laws and administrative regulations without attached identification except for the food.

    Food label shall be true and accurate, easily understood, scientific legitimacy.

    Article sixth logo should be marked food names.

    Food name should indicate that food of real property, and in accordance with the following requirements:

    (A) the national standards, industry standards imposed on the food name, names specified in national standards, industry standards should be adopted;

    (B) the national standards, industry standards for food name is not provided, should use of consumer misunderstanding and confusion caused by common name or common name;

    (Three) mark "new create name", and "strange name", and "said name", and "grades name", and "area slang name" or "trademark name", easy makes people misunderstanding food property of name Shi, should in by shows name of near parts using same font size mark this article (a), and (ii) items provides of a name or classification (class is) name;

    (Iv) consists of two or more food through physical mixing and uniform appearance is difficult to separate foods, its name should reflect the mixed attribute and classification of foods (generic) name;

    (E) in animal and plant foods as raw material, using special processing technology of production, used to imitate other individuals, organs, tissue and other biological characteristics of the food, you should name prefixed with "artificial," "imitation," or "plain", the words "and labeling the food classification of real property (generic) name.

    Article seventh logo should mark the origin of a food.

    Food origin shall, according to the Administrative Division callout to the municipal area. Article eighth identity should mark the producer's name, address, and contact information.

    Producer name and address should be legally registered, can assume control of product quality responsibility to the producer's name and address.

    Any of the following circumstances, be marked accordingly in accordance with the following provisions:

    (A) shall independently bear the legal liability of the company or its subsidiaries, should mark their name and address;

    (B) according to law may not be independently liable for Branch Office of the company or the company's production base, should be marked and subsidiaries or production plants of the company name, address, or just mark the company's name and address;

    (C) entrusted with the production and processing of food and is not responsible for the sale, shall mark the entrusted companies the name and address of the food production license for implementation, has its processed food production entrust Enterprise license, shall mark the entrusted companies name, address, and company name of the delegate or callout delegate only the name and address of the enterprise;

    (D) packaging-food shall be marked with their name and address, and indicate the separate words.

    Nineth food label should be clearly marked food production date, shelf life, storage conditions and in accordance with the relevant provisions of the callout.

    Ethanol content of more than 10% (10%) drink wine, vinegar, salt, sugar, solid class, may be exempt from marking period.

    Date marking shall conform to the national standard, or "year, month, day". Article tenth NET content of prepackaged foods logo should be marked, and in accordance with the relevant provisions of labeling specifications.

    Foods containing solid and liquid substances, with the exception of net content marked, should also be marked drain (solids) content. NET content should show same names ranked in food packaging and food sections.

    NET content labeling should be in accordance with the provisions of the supervision and administration of quantitatively packed commodities measured approach.

    11th food labeling should be marked food ingredient or ingredients list.

    Ingredients in the ingredient list should be in accordance with the amount of production and processing of food in descending order to label specific tagging method in accordance with the national standard of regulation. Used directly in food sweeteners, preservatives, colouring agents, it should be in the ingredients list of food additives under the label name using other food additives, you can mark specific designation, type or code.

    Use of food additives and the use shall, in accordance with the national standard of regulation.

    Intended for infants and young children and other special groups of primary and secondary food, should also mark the main nutritional components and contents of its identity.

    12th food label shall mark the enterprise implementation of code of product standards.

    13th food standards explicitly require labeling of food quality, processing, should be marked accordingly.

    Article 14th administration of production license for food, food labeling, and QS production license number should be marked food logo.

    Commission production and processing of production license management food and has its processed food production entrust Enterprise license, you can delegate to a callout enterprise or the enterprise's production license number.

    15th mixed non-food products could easily lead to eating, improper use, likely to cause personal injury shall be marked on the label warning marks or warning specifications in Chinese.

    16th food of any of the following circumstances shall be marked on its identity Chinese Description:

    (A) medicine clinically proven to cause harm to the vulnerability of specific groups;

    (B) after ionizing radiation ionizing energy or processed;

    (C) belongs to the genetically modified food or statutory GMO-containing raw materials;

    (D) in accordance with the provisions of laws and regulations and national standards, shall be marked in other Chinese explanation.

    Article 17th mark in its name or description "nutrient" and "strengthen" the words shall be in accordance with the relevant provisions of the national standard, labeling the food nutrients and calories, and in accordance with the national standard of quantitative marking.

    Article 18th food labeling may not label the following:

    (A) express or implied of the prevention and treatment of diseases;

    (B) non-food express or implied with health care;

    (C) the description or presentation of food in a deceptive or misleading manner;
(D) additional product description could not be confirmed on the basis of;

    (V) text or graphics does not respect national custom, described discriminatory;

    (F) the use of the national flag, the national emblem or marking the Chinese Yuan;

    (VII) other laws, regulations and standards to ban marking content.

    19th the following are prohibited on food labeling violations:

    (A) counterfeiting or false marking production date and shelf life;

    (B) falsification of food origin, falsification or fraudulent use of other producer's name and address;

    (C) forgery, fraudulent use, altering the production licenses and the number;

    (D) other behaviors prohibited by laws and regulations.

    Chapter III marking of food labeling

    Article 20th food labeling may not be separated from the food or their packaging.

    Article 21st logo should be marked directly in the smallest sales unit of food or their packaging.

    22nd in a sales unit of packaging containing different species, separate packaging of food, each individually packaged food labeling should be in accordance with the provisions of the callout.

    Through a sales unit of packaging, cannot clearly identify the individually packaged food all or part of the compulsory labeling content shall be separately marked on the outer packaging of the sales unit and packaging easy to open recognition except for clearly identifying each individually packaged food all or part of the compulsory labeling content, can not repeat on the outer package marking the content.

    23rd food label should be clearly visible, identifies the background and the background shall be in contrasting colors, make it easier for consumers to identify, read.

    Article 24th on food labeling, the text should be used as the specification language, but except for registered trademarks.

    Food labeling can use pinyin or minority languages, can also be used in a foreign language, but the relationship with the Chinese, in foreign languages shall not be greater than the corresponding Chinese, except for registered trademarks.

    25th food or their packaging when the maximum surface area greater than 20 square centimeters, food labeling compulsory tagging content in text, symbols, numbers, the height shall be not less than 1.8 mm. Food or their packaging when the maximum surface area of less than 10 square centimeters, its identity can only label food name, manufacturers name and address, net weight and the date of production and shelf life.

    However, the laws and administrative regulations shall be marked, in accordance with its provisions.

    The fourth chapter legal liability

    26th a violation of this provision constitutes the People's Republic of China Food Security Act and its implementing regulations, and violations of the laws and regulations, shall be punished in accordance with relevant laws and regulations.

    27th article in violation of the provisions of article sixth to eighth, 11th to 13th, according to stipulations tagging should be tagging the content, a rectification; fails to change, fined 500 Yuan and 10,000 yuan fine.

    28th article in violation of the provisions of article 15th, not according to regulations on labeling warning marks or warning specifications in Chinese in accordance with the People's Republic of China product quality law punishment 54th article.

    29th article in violation of the provisions of article tenth, marking NET content not according to stipulations, in accordance with the provisions of the measures for the supervision and administration of quantitatively packed commodities measured for punishment.

    Article 30th in violation of the provisions of article 17th, not according to regulations on labeling food nutrients, calories and quantitative marking, a rectification; fails to change, fined a maximum of 5000 Yuan.

    31st in violation of the provisions of article 18th, food labels of sexual content, a rectification; fails to change, fined 10,000 yuan fine; violations of related laws and regulations, as stipulated in the relevant laws and regulations.

    Article 32nd forged or false marking production date, shelf life of foods, rectification, impose a penalty of 500 Yuan and 10,000 yuan in serious cases, consequences, and punished in accordance with relevant laws and administrative rules and regulations.

    Article 33rd forged food origin, falsification or fraudulent use of the names and addresses of other producers, in accordance with the People's Republic of China product quality law 53rd provides for punishment.

    Article 34th in violation of the provisions of article 20th, food labeling and food or the packages separate, rectification, fined a maximum of 5000 Yuan.

    35th in violation of the provisions of article 21st, 22nd, 24th, 25th in the second paragraph, a rectification; fails to change, fined 10,000 yuan fine.

    36th article in violation of the provisions of article 22nd of the first paragraph, in accordance with the relevant provisions of this chapter.

    37th engaged in food labeling, regulatory staff, dereliction of duty, abuse of authority or cover up indulgence in illegal acts, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    38th administrative penalties stipulated in these provisions by local quality and technical supervision departments above the county level according to law, in the terms of reference.

    Otherwise provided in laws and administrative regulations on administrative penalties, in accordance with its provisions.

    The fifth chapter by-laws

    39th management of import and export food labeling, the entry-exit inspection and quarantine administration in accordance with the relevant provisions of the State administration of quality supervision.

    40th article of the regulation by the AQSIQ to interpret. 41st these provisions come into force on September 1, 2008. National technology supervision Bureau announced the investigation of food labeling violations regulations repealed simultaneously.