The Chinese government is consulting on proposed changes to national food safety law. This would not only affect food manufacturers within China - it also impacts any food companies operating in China or involved in cross-border commerce, including e-commerce. The public consultation closes on 10 November. The draft legislation can be found here (Chinese language).
Some of the proposed changes would bring in clauses relating to food authenticity and enforcement that are amongst the most stringent in the world. These include
- Mandatory CCTV and internet-of-things sensors at vulnerable points in the manufacturing chain, with live feeds directly to the regulator
- Existing point-of-sale requirements for approval and veracity of label claims to be expanded to include any "advertising and promotion", encompassing 3rd-party promotion on Tik-tok, Instagram etc.
- Scope of food law and enforcement to be expanded to include e-commerce, including 3rd party platforms and consumer-to-consumer sales
- For cross-border e-commerce supply to Chinese consumers, the overseas originator (including distribution platforms) has responsibility for food safety including handling recalls. Online information to consumers must be in Chinese.
- Personal liability for company officials found at fault.
Although many of the proposed requirements build on existing regulatory practices in China, incorporating them into the Food Safety Law may provide a stronger legal basis for enforcement.
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