In the News

Notice on Implementation of China's New Food Safety Law Provides Some Clarification

Jul 20, 2009

Several Chinese agencies have issued a joint notice providing clarification on the use of additives in plastics that are not on the positive list. China's new food safety law, known as Food Safety Law and Hygienic Standard for Uses of Additives in Food Containers and Packaging Materials (GB 9685-2008), which became effective June 1, 2009, includes a positive list of permitted additives in plastic packaging materials, which, ostensibly, prohibited the use of additives not on the list.

The Notice, issued by six agencies[1] has been translated as follows: "manufacturers of food related products are required to complete the self-examination before June 1, 2010, and apply for the approval in case there is a food related product or any new species which has not been included in Food Safety National Standards. All concerned Ministries should crackdown on the manufacture of food containers and food packaging materials by using toxic or harmful raw materials."

The English translation is somewhat ambiguous, however, it has been suggested that the purpose of this paragraph is to provide a transitional period until June 1, 2010 during which the agencies concerned would not take enforcement actions against unapproved food contact materials, unless concern arises over the use of a "toxic or harmful substance." A further joint announcement might be issued by the agencies concerned, which more clearly states the government's intentions.

The agencies may also work with trade groups in China during this transitional period to review food contact substances not on the positive list to determine if they should be grandfathered or subject to the new administrative permission procedure.

This new administrative procedure is the subject of a May 8 Ministry of Health proposal, "Interim Measures on Administrative Permission of New Species of Food Related Products," which applies to petitions for new food contact materials not on the positive list. (See the PackagingLaw.com article, China Proposes New Approval Process for Food Contact Materials, for more information.) In addition to these documents, MOH is expected to release an administrative procedure on how to file petitions for unlisted food contact materials titled, "Chinese Food Contact Petition (CFAP)." This procedure will be a companion document to the Interim Measures on Administrative Permission of New Species of Food Related Products.

Time Frame for Implementation Expected

A work plan was discussed at a May 21, 2009 meeting that MOH held with AQSIQ, various other Chinese government organizations involved in food safety, and eight industry associations—including the Association of International Chemical Manufacturers (AICM). However, it is unlikely that the government will publish this work plan but, instead, will use it internally as a guide for enforcing GB 9685-2008.

It is widely understood that this work plan, referred to as the "Food Contact Standardization Management Measure," specifies three stages for the transition period. The first stage will consist of a two-to-three month period of industry self-compliance and self-evaluation. During this stage, companies must report to MOH all food contact materials via a related industry association. This would include all additives that are not approved under GB 9685 and any resins or coatings not cleared under the applicable resin standards, but that are being used in China.

The second stage will consist of a three-to-four month MOH review of the substances reported, during which a risk assessment will be conducted by the Ministry. Substances receiving a satisfactory review will be directly accepted by MOH. However, those substances that do not receive a favorable review by MOH will no longer be considered lawful for sale in China, until such time that a proper petition is filed.

The third stage is expected to last at least six months and will involve the verification of the reported substances by the various food safety authorities. Specifically, relevant authorities will evaluate these substances with regard to Chinese food contact standards and implementation status in accordance with the new Chinese Food Safety Law and applicable regulations. In addition, a long term management method will be established.

Following this final stage, only substances approved by MOH may be used in China. All parties wishing to use new substances will be required to submit new petitions. The Chinese government has requested that industry associations actively support these government initiatives, and MOH specifically, during the transition period.