China’s Modernized Regulation of Packaging and Food-Contact Materials

China has worked diligently in recent years to update and modernize its legislation on food and food packaging materials. These efforts have now largely come to fruition. Under the Food Safety Law, Chinese authorities have invested considerable time and resources into developing more comprehensive regulatory schemes for food and “food related products” (e.g., food packaging). As a result, the People’s Republic of China (PRC) now boasts a sophisticated and structured system of National Food Safety Standards for food-contact materials (FCMs), which are well-defined and periodically amended.  

This article details the overarching legislation, the existing Standards in place for food packaging materials in China, and the process by which these Standards continue to expand and evolve to account for new food-contact materials and substances.

1. Food Safety Law

Food-packaging materials in China are regulated pursuant to the Food Safety Law of the People’s Republic of China (FSL) and its implementing regulations.[1] The FSL serves the overarching goal of “ensuring the food safety and guaranteeing the safety of the lives and health of the general public.” The Food Safety Law’s most recent revision entered into force on April 29, 2021. The Food Safety Law directs authorities to establish and/or revise a considerable number of regulations and Chinese Standards applicable to food-contact materials.

On October 8, 2022, China’s State Administration for Market Regulation (SAMR) released the Interim Measures for the Supervision and Administration of the Quality and Safety of Food-Related Products (Interim Measures), which took effect on March 1, 2023.[2] This regulation specifically addresses the general requirements for the manufacture and sale of “food-related products,” as well as the responsibilities of the regulators. Consistent with the FSL, the Interim Measures lists the basic requirements for quality control throughout the production process of food-related products, specifies prohibited products, outlines the required “identification information,” and imposes penalties for violations.[3]

Both the FSL and the Interim Measures emphasize that “food-related products,” including food packaging and other FCMs, must comply with applicable Food Safety Standards (FSS). These include certain generally applicable FSS that apply to all FCMs as well as targeted Standards that relate to specific materials or uses. 

2. Standards for Food Packaging Materials

In addition to the FSL, other standards can be grouped into 1) generally applicable standards, which apply to all food packaging materials, regardless of the material; 2) material standards, which apply to specific materials; 3) testing method standards; and 4) good manufacturing practice (GMP) standards. An overview of these Standards is provided below.

a. Generally Applicable Standards

China’s National Food Safety Standards on the Uses of Additives in Food-contact Materials and Articles (GB 9685-2016) and General Safety Requirements for Food-contact Materials and Articles (GB 4806.1-2016) took effect on October 19, 2017. These Standards helped to harmonize China’s regulatory requirements with other jurisdictions and facilitate the marketing of FCMs.  

i. GB 4806.1 – General Safety Standard

GB 4806.1-2016, also referred to as the “General Safety Standard,”[4] applies to all FCMs and articles expected to come into contact with food or food additives during their manufacturing, processing, packaging, transportation, storage, and use. Consistent with the FSL, the Standard requires that FCMs be safe for their intended use, and not impact the organoleptic properties of the food. Notably, GB 4806.1 includes a Declaration of Compliance (DoC) requirement and substantive provisions, including China’s adoption of the “functional barrier” doctrine. A draft revision to GB 4806.1 was published by the China National Center for Food Safety Risk Assessment (CFSA) on April 19, 2023.[5] Although the draft Standard remains largely the same, it introduces new concepts (e.g., a “complete barrier”) and expounds on food raw materials, labeling, and DoC. Additional details on the draft revision are available here.  

ii. GB 9685 – Additives Standard

GB 9685 is perhaps the most well-known Food Safety Standard relating to packaging materials. This particular GB Standard has existed for decades and has been revised numerous times. It applies to additives used in FCMs and articles, which are broadly defined to include substances added to improve the quality and properties of FCMs or to otherwise promote smooth production. Accordingly, GB 9685 applies to a wide variety of substances used in food packaging subject to certain exemptions, e.g., non-intentionally added substances (NIAS). Although China’s National Health Commission (NHC) released a draft amendment of GB 9685 in 2023,[6] this was a minor revision and not a wholesale amendment to the Standard, meaning that GB 9685-2016 remains current. However, as the Chinese government prefers to update GB Standards periodically, it is expected that GB 9685 will be amended in the next year or two.[7]   

iii. GB 31603 – Good Manufacturing Practice Standard

China has also published a Food Safety Standard governing the Good Manufacturing Practice (GMP) requirements for the production of FCMs and articles. In particular, the GB 31603-2015 Standard regulates the entire supply chain (i.e., raw materials, processing, packaging, storage, and transport) and covers manufacturing premises, facilities, personnel, and basic requirements and management guidelines. The Standard is quite detailed and contains far more prescriptions than what is articulated in other jurisdictions on the topic of GMP for food-contact materials. 

b. Material Standards

Aside from the generally applicable standards described above, the Chinese authorities maintain a number of Food Safety Standards relevant to particular food packaging materials. Given the myriad of food packaging Standards in China, the Chinese authorities have now consolidated these varied requirements in a more organized manner by material. Material standards do not cover all types of food-contact materials but encompass the primary packaging materials used in food packaging, including the following:

These Standards were published in separate announcements with different effective dates. Notably, GB 4806.7-2023, GB 4806.9-2023, GB 4806.11-2023, GB 4806.13-2023, and GB 4806.14-2023 took effect on September 6, 2024. Meanwhile, the GB 4806.15-2024 Standard took effect on February 8, 2025.[8]  

Various other food packaging Food Safety Standards have been published by the authorities over the past year. The PRC has indicated an interest in developing Standards for various other FCMs, including lubricating oils, wax, textiles, and even active and intelligent (A&I) packaging materials.

c. Testing Methods Standards

China has a wide variety of analytical testing standards that are used to confirm compliance with the requirements and specifications within voluntary and mandatory Food Safety Standards. Most notably, China’s GB 31604.1-2023, Standard on the General Rules for Migration Testing for Food-Contact Materials and Articles, prescribes the testing conditions applicable to migration testing for FCMs marketed in China.[9] The PRC has also published numerous other Standards that detail the procedures for determining residual levels of various impurities. These methods are largely based on existing international standards, such as those developed by the International Organization for Standardization (ISO) and ASTM International.  

3. Sustainability Efforts

In addition to developing food packaging regulations, China has begun addressing the country’s use of single-use plastics (SUP), at both the provincial and national levels. Following local restrictions adopted in Hainan province on certain non-biodegradable SUP products, the PRC is advancing efforts to regulate packaging waste consistent with other jurisdictions. In January 2020, the National Development and Reform Commission (NDRC) and the Ministry of Ecology and Environment (MEE) jointly released the Opinions on Further Strengthening the Control of Plastic Pollution,[10] which aims to reduce the amount of plastic waste in landfills, establish a plastics management system, and develop alternative products by 2025.[11]

Additionally, the China National Center for Food Safety Risk Assessment (CFSA) issued a survey on the use of recycled plastics in food-contact materials, with a goal of creating a risk management-based approach. However, China has yet to issue a general authorization or prohibition on the use of recycled plastic in FCMs.

4. Petition Procedures for New Substances and Materials

China continues to review and approve new food-contact substances, keeping pace with the European Union (EU), United States, and elsewhere. Companies wishing to obtain listings for new substances on the above-mentioned Food Safety Standards can file petitions with NHC seeking approval under the Management Rules for the Administrative Approval of New Varieties of Food Related Products.[12] The Management Rules and the accompanying guidance detail the requirements for submissions, which are reviewed by expert panels organized by CFSA every two months. These procedures offer a workable path to securing pre-market clearance for new FCMs in the China market.

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Since the FSL was first published in 2009, the Chinese government and its officials have made impressive strides to regulate FCMs. For example, generally speaking, food-contact materials are more broadly regulated in China than by the EU, where the only harmonized legislation for food-contact materials remains plastic.

[1] The original Food Safety Law was published on February 28, 2009, and took effect on June 1, 2009. See 中华人民共和国食品安全法, available at www.gov.cn/flfg/2009-02/28/content_1246367.htm. The law was subsequently amended on April 24, 2015 (available at http://www.gov.cn/zhengce/2015-04/25/content_2853643.htm) and most recently on April 29, 2021.

[2] See 食品相关产品质量安全监督管理暂行办法. 

[3] A more comprehensive summary of the Interim Measures is available here.

[4] An unofficial English translation of China’s General Safety Standard is available via the United States Department of Agriculture.

[5] A draft of GB 4806.1 is available in Chinese on CFSA’s website.

[6] Additional information on this latest revision to GB 9685 is available here.

[7] In accordance with prevailing priorities, China’s government seeks to revise existing Chinese Food Safety Standards every five years, though this varies in practice.  

[8] Additional background on these Standards is available here. 

[9] GB 31604.1-2023 took effect on September 6, 2024.

[10] The official notice, in Chinese, is available here. 

[11] In 2021, the NDRC and the MEE released the 14th Five-Year Plan Plastic Pollution Control Action Plan (2021–2025), which included detailed measures, specific targets, and responsibilities for developing recycling systems, reducing landfill plastic waste, and increasing incineration capabilities.  

[12] https://www.packaginglaw.com/news/china-publishes-data-requirements-food-packaging-petitions