On April 4
th
, 2010 the Chinese General Administration of Quality Supervision, Inspection and Quarantine (“AQSIQ”) published new Rules of Administration and Supervision on Production of Food Additives (“Rules”). The Rules came into force on June 1
st
, and are the first specific regulations on the manufacture of food additives in China. Following last year’s food safety law, these new rules show the determination of the Chinese government in regulating the food industry and guaranteeing food safety.
The Rules consist of 6 chapters and 55 articles. They cover the application and grant of manufacturing licenses, a manufacturer’s liability for contaminated products, and the supervision system of the food additive industry, among other issues.
Some highlights of the Rules include:
l
Strict rules for manufacturers
The Rules provide a chapter specifically stipulating the obligations of manufacturers, which shows the government’s determination to regulate the food industry and safeguard the interests of consumers.
l
The recall system
Mechanisms for the recall of the defective food additives are written in the Rules in accordance with the latest food safety law, which prevents more defective commodities from entering the market.
l
Specific rules of the manufacturing license
The Rules specify that after June 1
st
, 2010 the manufacturing license shall replace the hygiene license and become the only certificate for the manufacturing of food additives according to the Rules. A series of regulations and procedures were also set for the running of the system，including the application, review, grant, modification and public summons of the manufacturing license.
l
Clear statement of the duty of supervisors
The chaos of the administrative supervision of the Chinese food additive industry has always been a great problem for China’s food safety. In the new Rules the regulation work of the food additives has been well allocated and the duties of related departments have been clearly stated. The provincial department in charge of quality inspection and supervision is responsible for issuing manufacturing licenses for food additives, as well as the responsibility of filing a list of manufacturing licenses to the AQSIQ for record and public review.
“The establishment of the Rules is surely an inspiration and great comfort for citizens’ concerns about food safety; it will no doubt significantly improve the regulation of food additive manufacturing. However, some parts of the Rules are very general and hard to implement. To make the Rules enforceable in practice, additional detailed implementing rules should be made as soon as possible” commented Hao Junbao, an experienced attorney at Lehman, Lee & Xu.
As a prominent Chinese corporate law firm and trademark and patent agency, Lehman, Lee & Xu has always maintained a focus on the issues of product liability. The firm has also been recognized as one of the top full service as well as intellectual property firms in China by several international magazines. It now has offices in Beijing, Shanghai, Shenzhen, Hong Kong, Macau, and Mongolia. The firm is managed by Mr. Edward Lehman, a leading expert on corporate law with over twenty years of practice experience in Mainland China.
To learn more about us, please visit our website at
http://www.lehmanlaw.com/
.