China’s State Administration for Market Regulation (SAMR) released the new draft Food Labeling Supervision and Administrative Measures (the “Draft Measures”) for comment on June 28, 2024. The last draft food labeling measures were publicly released in 2020, but were never finalized. The Draft Measures provide requirements on font, size, manufacture date, and net content, as well as set restrictions on claims. The Draft Measures also consolidate labeling rules for various special foods, including health foods, infant formula, and foods formulated for special medical use.
As compared to the SAMR Notice on manufacturing date released on March 2024 (see here), the requirements for a manufacture date and expiration date have been changed from “encouraged” to “mandatory” in the Draft Measures. The Draft Measures also stipulate that food cannot claim to be “for minors” or “special supply for government/armies,” and they clarify that the product standard code—which has always been required on the label—can refer to a group standard. A group standard is issued by an industry association and can be opted into by food producers on a voluntary basis.
The Drafting Explanation accompanying the Draft Measures states that a two-year grace period for compliance is expected once the Draft Measures are finalized. The due date for comments on the Draft Measures is July 27, 2024.
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Contributors for the China & APAC Food, Drug, Device, and Cosmetics blog:
John Balzano, Julia Post, Muyun Hu, Kaixin Fan, and Kexin Yang.