On December 19, the State Administration for Market Regulation issued ""National Standards Management Measures" (hereinafter referred to as “Draft”) to solicit public opinions. Foodmate summarize 10 highlights of the draft to help you understand the major changes.

Highlight 1: The scope of the formulation of national standards has been refined

The draft combines the practice of national standardization to further refine the scope of the formulation of national standards and distinguish between recommended standards and mandatory standards on the basis of this scope. It clearly stipulates that provisions involving the protection of personal health and safety of life and property, national security, ecological environment safety, and meeting the basic needs of economic and social management technical requirements should be formulated as mandatory national standards, and other formulations as recommended national standards.

Highlight 2: Clarified the requirements for the formulation of national standards

The draft makes procedural provisions in accordance with the standard formulation stage. The draft clearly establishes a national standard verification work system, and conducts experimental verification and evaluation verification on technical requirements, key indicators, patents, and the adoption of international standards when formulating national standards; a standard project evaluation system is added; it is clear that the formulation of national standards should be open and transparent, solicit opinions from all parties.

Highlight 3: Strictly require the national standard formulation cycle

In order to improve the applicability of the standards, the draft strictly requires the standard formulation cycle, and clearly stipulates that the mandatory national standards from the plan to the submission of the draft for approval shall generally not exceed 24 months; the recommended national standards shall generally not exceed 12 months; the national standard plan that cannot be submitted for approval within the prescribed time limit shall apply for an extension, and the time limit shall not exceed 6 months.

Highlight 4: Clearly defined standard samples

The draft made principled provisions on "standard samples", the numbering rules for standard samples are clarified. It is stipulated that the serial number of the national standard sample is composed of the national standard sample code, catalog number, release sequence number, copy batch number and release year number.

Highlight 5: Clarified the handling principles of patents

The draft clarified the handling principles of patents in national standards, stipulating that patents in national standards should be essential patents, and their management shall be implemented in accordance with the relevant regulations of the national standards involving patents.

Highlight 6: Increase the supply means of national standards

Add special procedures for the transformation and formulation of association standards. For projects that are still in development and need to be guided or have standardization value and cannot be formulated as national standards for the time being, they can be formulated as national standardization guidance technical documents.

Highlight 7: Clarify the conversion effectiveness of the old and new standards

The draft clarified the conversion effectiveness of the new and old standards, and clearly stipulated that after the national standards are issued, before they are implemented, enterprises can choose to implement the original national standards or the new national standards. After the newly revised national standards are implemented, the replaced national standards shall be abolished at the same time.

Highlight 8: Clarify the publicity and interpretation of national standards

The draft clearly stipulates the publicity and interpretation of national standards. National standards are interpreted by the administrative department of standardization under the State Council.

Highlight 9: Increase the standard implementation information feedback mechanism

The draft clearly establishes a feedback mechanism from implementation to formulation. The draft stipulates that individuals and units are encouraged to feedback problems and suggestions for revisions arising from the implementation of national standards through the national standard information public service platform.

Highlight 10: Increase the standard implementation effect evaluation mechanism

The draft clearly establishes a national standard implementation effect evaluation mechanism, and stipulates that the standardization administrative department of the State Council shall implement information feedback, experimental verification and other national standards implementation conditions based on the implementation of national standards. Encourage third-party institutions to carry out evaluations of the implementation effects of national standards.

Summary

From the above analysis, it can be seen that the draft refines the scope and requirements for the formulation of national standards, clearly stipulates the standard samples and the handling principles involving patents, and clarifies the conversion effectiveness of the new and old standards and the national standards. Foodmate will continue to pay attention to the follow-up developments of the draft and share them with you in time when it is officially released.

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Please note: Original English article of Business Division of Food Safety and Regulatory Compliance of Global Foodmate, please indicate the source from the Global Foodmate if reprint.

Business Division of Food Safety and Regulatory Compliance of Global Foodmate provides food standards & regulations research, labelling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry. 

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