On 30 April 2010, the Ministry of Health of the People’s Republic of China (MOH) issued Administrative Measures on National Food Safety Standards (Draft Measures) for public comment. Comments and suggestions were to be submitted online at http://www.chinalaw.gov.cn/article/cazjgg/201004/20100400253210.shtml before 25 May 2010.
It has been a full year since the Administrative Measures on National Food Safety Standards (Draft for Comments) were issued on 30 April 2009. These measures have been regarded as a strong effort by MOH to put the formulation of National Food Safety Standards on track.
Just a few days before the publication of the Draft Measures, Shanghai Municipality issued the Notice on Strengthening Food Safety Administration (Circular 33) on 25 April 2010. Circular 33 adopts more stringent regulations on food safety during the 2010 World Expo.
Hereunder is a summary of the major points touched upon in the aforementioned Draft Measures and Circular 33.
Improvements of the Draft Measures Compared with the Draft for Comments
Compared with the Draft for Comments issued one year earlier, the Draft Measures are better organized and have made several breakthroughs, the most noticeable of which is made in the examination process. In the Draft for Comments, it is only generally stipulated that the Committee of Evaluation for National Food Safety Standards is responsible for the examination of submitted drafts on national standards. No further operational stipulation is specified. In contrast, the Draft Measures clearly specify the four steps of the examination process, which include: (1) preliminary examination by the Secretariat; (2) collection of public comments and notification with WTO; (3) examination by the Specialized Sub-Committee; and (4) examination and approval by the Meeting of Directors.
The formulation of National Food Safety Standards includes project initiation, planning, drafting, examination, approvals and promulgation. Among these processes, the examination step is considered to be the most important component. The elaboration of the examination process will certainly accelerate and improve the quality of the standards formulation process.
Beyond that, the Draft Measures also impose new mandatory requirements such as follow-up evaluation and public comments before modifying project plans.
Public Participation in Project Initiation
Article 6 of the Draft Measures stipulates that any citizen, legal person or other organization is entitled to initiate a project. In addition, Article 7 states that a project recommendation should be submitted to MOH for initiating a new project. Meanwhile, the necessary contents of the project recommendation have been stipulated to make the initiation process more practical for the public.
As food safety is a sensitive issue that has a direct bearing on public health and sustains the sound development of the entire food industry, the right to initiate a project reinforces people’s confidence in the public health system. As a result, a great number of projects are expected to be initiated immediately after the Draft Measures go into effect.
Adoption of Bidding and Entrusting During the Drafting Process
Another noticeable clause in the Draft Measures is Article 10, which states that methods such as bidding and entrusting will be adopted when drafting the national standards. Furthermore, a qualified unit that takes on such work should enter into a project entrusting agreement with MOH and finish the entrusted drafting work within the time limit specified in such agreement.
Circular 33 Strengthens Food Safety Administration in Shanghai During the Expo
Meanwhile, in Circular 33 — the purpose of which is to strengthen food safety administration during the 2010 Expo — there are several matters worth noticing, including the following:
- As long as a certain category of food is tested as unqualified according to relevant food safety standards, such category of food from the same place of origin will be limited from entering into Shanghai market.
- Units selling vegetables and pork should provide certificates obtained from producers, while individuals selling vegetables should also get relevant certificates.
- All imported food that has been categorized on Inspection and Quarantine Certificates as for exhibition purposes only should be disposed of after the Expo according to strict regulations on imported exhibits.
- Circular 33 will only be valid from 25 April 2010 to 31 December 2010.
Circular 33 imposes more strict compliance standards on food circulation in Shanghai during the Expo. Furthermore, even if an out-of-town producer or seller is strictly compliant with relevant food safety standards, his products might still be restricted from entering Shanghai due to nonconformity of another producer selling the same category of food from the same place of origin during the Expo.
In conclusion, both the national Draft Measures and Circular 33 in Shanghai signal an increasing emphasis on food safety in China. Food enterprises will likely see even more stringent compliance requirements with regard to unified National Food Safety Standards. Food producers and sellers are therefore advised to pay more attention to the safety of their products during the Expo.
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