In order to implement the "most rigorous standards" requirements for food safety, on September 15, 2020, the National Health Commission (NHC) solicited opinions on the "Administrative Measures of Food Safety Standards (Draft for Comment)". Compared with the 2010 version of the "Administrative Measures of National Food Safety Standards", the draft refines and improves the relevant requirements of the national food safety standards, and incorporates relevant regulations on local food safety standards, temporary management limits, and imported food without national standards. Foodmate analyzed the draft for your reference.

Highlight 1: Clarify the scope of food safety standards

The draft clarifies that the scope of formulating food safety standards shall comply with the provisions of Article 26 of the Food Safety Law. Except as required by laws and regulations, no food safety standards shall be established. Moreover, the draft clrarifies that food safety standards are mandatory standards, including national food safety standards and local food safety standards. It is clarified that the food supplementary inspection method standards are not within the scope of the food safety standards and shall be implemented in accordance with the regulations of the relevant departments of the State Council.

Highlight 2: Refine and improve the management requirements of national food safety standards

1. Optimize the standard work process and improve the standard review mechanism

From project initiation, drafting, review, approval and announcement, follow-up evaluation and revision, it highlights the scientific basis of risk assessment, strict technical capability requirements and standard development content of project undertaking units, clarification of online platform feedback, improvement of review efficiency, the implement regulations in advance of supplementary standards and other corresponding key measures.

The national food safety standard formulation (revision) project implements a responsibility system in which the lead unit of standard drafting is responsible for the overall responsibility, implements the project leader’s first responsible person system, and implements the responsibility system for professional committee review. Clarify the Relevant requirements of the review committee, the standard project undertaker and the project leader.

2. Clarify the regulations on temporary limit values

The draft clearly stipulates that in accordance with the needs of risk management, the relevant departments of the State Council put forward proposals for the development of temporary limit values, and after consultation with relevant departments, it is decided to start the development of temporary limit values. NHC entrusted the Food evaluation Center to organize a food safety risk assessment expert committee to study and put forward recommendations on temporary limit values and temporary inspection methods for harmful substances in food. NHC and relevant departments of the State Council announce the temporary limit values and temporary inspection methods of hazardous substances in food and notify the World Trade Organization. At present, the temporary limit values related to food in China mainly include the temporary limit value of cadmium in cereal supplementary foods for infants and young children, and the limit value of melamine in food.

3. Incorporate the regulations on the transition period of standards

The draft incorporates provisions on the transition period of standards, which are consistent with the "Regulations for the Implementation of the Food Safety Law." It is further clarified that food producers and operators can implement the standards in advance during the transition period after the publication of the standards according to their needs, but the advance implementation status should be disclosed.

4. Add regulations concerning standard interpretation

The draft clearly stipulates that NHC is responsible for the interpretation of the national food safety standards. The standard interpretation has the same effect as the text of the national food safety standards. The Secretariat Office organizes the person in charge of standard drafting and the project undertaker to provide technical support for standard interpretation.

5. Add the requirements for questions and answers on the key points of standard implementation

Questions and answers on the key points of standard implementation are of important guiding significance for enterprises to implement relevant standards. The Draft further clarifies that the Secretariat Office organizes the standard project undertaker to compiles key questions and answers on the implementation of standards, and reports to NHC for review and then announced to provide guidance for the implementation of the standard.

6. Adding regulations on corrigenda related to standards

At present, 90 editorial errors have been published in the National Food Safety Standards Management Information System of NHC. The Draft has added provisions for standard corrections, and clearly stipulates that when the standard editorial errors and other content are adjusted, the secretariat office instructs the project undertaker to modify, make corrections by publishing standard errata and report to NHC for the record. The content of the errata will be implemented from the date of publication. Enterprises and related personnel should pay attention to information related to standard corrections timely.

Highlight 3: Incorporated the management requirements of local food safety standards

The draft incorporates the management requirements of local food safety standards and is consistent with the requirements of the "Food Safety Law" and the "Notice on Further Strengthening the Management of Local Food Safety Standards" of the General Office of NHC.

It clearly stipulates the responsibilities and scope of local food safety standards, the filing form, etc., and clarifies the convergence requirements of local standards and national standards. It is required that if two or more provinces submit the same or similar local standards and they have the conditions to formulate national food safety standards, they should be studied and incorporated into the national food safety standard formulation (revision) plan. After the local standards are announced and implemented, if national food safety standards need to be formulated, relevant departments, research institutions, educational institutions, academic groups, industry organizations, food producers and operators can put forward proposals for establishing national food safety standards. After the national food safety standards are promulgated and implemented, the provincial health administrative department shall promptly abolish the corresponding local standards, announce the abolishment on the website and report the abolition to the Food evaluation Center within 30 working days.

Highlight 4: Incorporate the management regulations for imported food without national standards

The draft incorporates the management regulations for imported food that do not have national standards, and is consistent with the requirements of the "Food Safety Implementation Regulations" and the "Notice on Regulating the Review of imported Food Without National Standards" issued by the former General Office of the National Health and Family Planning Commission.

It further clarified the scope, application and review procedures for imported foods without national standards, and clearly stated that the import of foods without national standards should meet the requirements of the Food Safety Law and the management regulations of relevant departments of the State Council. NHC entrusts the Food evaluation Center to be responsible for the technical review of the applicable standards for imported foods without national standards. Overseas exporters, overseas production enterprises or their entrusted importers shall submit the relevant national (regional) standards or international standards and other materials to the Food evaluation Center to organize a technical review. NHC will announce the temporarily applicable standards after reviewing the technical review opinions submitted by the Food evaluation Center.

Summary

It can be seen from the above analysis that the draft further clarifies the scope of food safety standards, the principles of standard setting, the responsibilities of relevant parties. In addition, the draft coordinates the national food safety standards, local food safety standards, temporary management limits, and the management of imported food without national standard and pays more attention to mutual connection, which is conducive to the standardized management of food safety standards. Foodmate will continue to pay attention to the follow-up developments of the draft and share it with you in time when it is officially released.

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