China Food Safety Law liquid infant formula update has been proposed by the State Administration for Market Regulation (SAMR). The changes cover the inclusion of liquid infant formula in addition to formula powder.
The key amendments outlined in the draft of the revised China Food Safety Law are as follows:
Background on Liquid Infant Formula
Liquid infant formula is a product primarily composed of water, fresh milk, desalted (demineralized) whey (powder), vegetable oil, supplemented with vitamins, minerals, and other necessary ingredients. It undergoes high-temperature sterilization to achieve commercial sterility and can be stored at room temperature for up to 12 months. Unlike traditional powdered infant formula, liquid infant formula offers the convenience of ready-to-use feeding without the need for mixing. While liquid infant formula is widely available in countries such as the United States, Germany, Finland, South Korea, and Japan, it is currently imported into China due to a lack of domestic production.
Recognizing the unique nature of liquid infant formula and its higher quality control requirements compared to powdered infant formula, the SAMR has proposed amendments to the Food Safety Law. These amendments seek to include liquid infant formula under the registration and regulatory framework of the law. Here are the key changes proposed:
The draft amendment solicitation proposal revises the “Infant Formula Milk Powder” in Articles 81, 82, and 124 of the Food Safety Law of the People’s Republic of China to “Infant Formula Milk Powder (or Liquid Milk).”
Under the revised Food Safety Law, manufacturers of Infant Formula Milk Powder (or Liquid Milk) must register their product formulas with the SAMR’s Center for Food Evaluation (CFE). During registration, they must submit formula development reports and other materials demonstrating the scientific and safety aspects of their formulas.
The revised law explicitly prohibits separate repackaging of Infant Formula Milk Powder (or Liquid Milk). Furthermore, it prohibits a single company from producing different brands of liquid infant formula using the same formula.
Responsibility and Accountability:
The companies responsible for registering or notifying Infant Formula Milk Powder (or Liquid Milk) products must ensure the accuracy of submitted materials. Local Special Food Safety Supervision Departments at provincial or national levels will promptly publish a catalogue of registered or notified health foods, special medical purpose formula foods, and Infant Formula Milk Powder (or Liquid Milk) products.
Manufacturers of health foods, special medical purpose formula foods, and Infant Formula Milk Powder (or Liquid Milk) products must strictly adhere to the registered formula, production processes, and other technical requirements during production.
Violation of this law will result in the confiscation of illegal gains and the items used for illegal production and operation by the Special Food Safety supervision Departments at provincial or national level. In cases where the illegal food or food additives have a value of less than ten thousand (10,000) RMB, fines ranging from over fifty thousand (50,000) RMB to one hundred thousand (100,000) RMB will be imposed. For items with a value exceeding ten thousand(10,000) RMB , fines will be imposed from ten (10) times to twenty (20) times the value. In severe cases, licenses may be revoked.
How to submit comments:
All relevant units and individuals are welcome to propose amendments and return them to the SAMR before February 19, 2024. The public can submit comments through the following:
- First, by logging into the official website of the SAMR (URL: http://www.samr.gov.cn), and submitting comments in the “Interactive” section of the home page under “Call for Survey”.
- Secondly, by email to firstname.lastname@example.org with the subject line “Food Safety Law (Draft Amendment for Opinion Solicitation) Public Consultation”.
- Thirdly, by post to the Special Food Safety Supervision Department of the SAMR, No. 9, East Madian Road, Haidian District, Beijing, China (postal code: 100088), with the words “Food Safety Law (Draft Amendment for Public Comments)” on the envelope.
Read the original drafted China food safety law liquid infant formula.
Read our previous blog post on China formula food for special medical purposes registration regulations have been revised and published.
Contact us to learn more about our services for health food products in China.