In 2008, 22 well-known Chinese enterprises represented by San Lu, including Yi Li and Meng Niu, attempted to meet national protein standards for milk (2.95 grams of protein per 100 milliliters of milk) by adding melamine to their dairy products. This highly publicized incident, which caused grievous bodily harm to an estimated 296,000 infants, taught the Chinese food industry a deeply painful lesson about the inadequacies of its anti-fraud measures and inspection indicators on banned chemical medicines. The San Lu incident also prompted the Chinese government to improve methods for determining the food standards applicable to particular industries, and to establish guidelines for the implementation of and compliance with these standards.
Until now, Chinese laws and regulations have included no operative rule specifically targeting enterprise food safety standards. According to the Standardization Law issued in 1988 and the Regulations for the Implementation of the Standardization Law issued in 1990, responsibility for the administration of standardization is assigned to the various departments of standardization administration at all levels, whereas the recording of enterprise standards is conducted in accordance with the rules stipulated by the People’s Government of provinces, autonomous regions and municipalities.
Under the existing Regulations for the Management of Standardization and Measures on Recording Enterprise Standards, quality supervision departments were given the duty of unified administration of standardization within their own administrative regions, including the work of recording enterprise standards. Enterprise standards were to be submitted for recording only in the absence of national or local standards; further, enterprise standards that were more stringent than existing national or local standards did not need to comply with this requirement.
In 2009, however, the Food Safety Law issued by the Standing Committee of the National People's Congress on 28 February, the Regulation on the Implementation of the Food Safety Law issued by the State Council on 20 July, the Measures on Recording Enterprise Food Safety Standards issued by the Ministry of Health on 10 June, and a series of related laws and regulations clearly indicate the intent of the Chinese government to put more emphasis on enterprise standards. The following is a summary of the most important points found in these laws and regulations.
Authority For Recording Enterprise Food Safety Standards
The Food Safety Law has shifted authority for recording enterprise food safety standards from the original quality supervision departments to the health administrative department of provinces, autonomous regions and municipalities, which have more expertise and capabilities. The Circular on Statistical Work in Recording of Enterprise Food Safety Standards issued by the Standardization Administration of China and the Circular on Related Issues on Implementation of the Food Safety Law issued by seven departments, including the health administrative department, further confirmed this change. This transfer of competent authority was put into practice on 1 June 2009. Enterprise standards recorded with the quality supervision departments before 1 June continue to be valid for the effective recording period and do not need to be recorded again with the health administrative department.
Submission Of Enterprise Food Safety Standards That Are More Stringent Than Local or National Standards
Subject to the Food Safety Law, enterprise food safety standards that are more stringent than existing national or local standards must now be submitted for recording. Where the enterprise has laid down enterprise food safety standards but failed to go through the record-filing formalities, the relevant competent departments will issue a warning and order the enterprise to make a correction. If the enterprise refuses to make a correction, it shall be fined; if the circumstances are particularly serious, the enterprise shall be ordered to stop production and business operations, and may risk losing its licence.
This change demonstrates the Chinese government’s clear goal of encouraging food production enterprises to formulate more stringent food safety standards. These standards can then be used as a solid basis upon which the relevant administrative departments can carry out supervision and inspection and provide reference data for raising national food safety standards.
Requirements For Descriptions Of Enterprise Food Safety Standards
The Measures on Recording Enterprise Food Safety Standards stipulate that where there are no national or local food safety standards, the enterprise shall compare its standards with international standards. Where there are no national, local or international food safety standards, the enterprise shall compare its standards with standards of two or more countries or regions. This requirement is intended to increase the alignment of Chinese local, national and trade standards with international standards and those of developed countries.
The changes brought about by the Food Safety Law will increase awareness of enterprise standards in the food safety standard system. According to both the Food Safety Law and the Regulation on the Implementation of the Food Safety Law, the health administrative department will undertake the comprehensive coordination function for food safety and shall provide notification of enterprise standards to the agriculture administrative departments, quality supervision departments, industry and commerce administrative departments, food and drug supervision and administration departments, departments of commerce, departments of industry and information technology, and other departments at the same level. As a result, enterprise standards are likely to become reference standards for the revision of national standards and local standards by relevant competent departments.
In doing so, the Chinese government is striving to raise food enterprises' consciousness about ensuring food safety. At the same time, where national food safety standards are lagging relative to other areas and, in some cases, may be out of touch with reality, more flexible and practical enterprise standards can help compensate for the deficiency of national standards.
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