The State Administration for Market Regulation ("SAMR") has recently drafted and issued the Measures for Supervision and Administration of Food Labels (Draft for Comment) (the "Draft for Comment") for public comments by December 20, 2019.
The Draft for Comment consists of 59 articles divided into seven chapters. Chapter II mainly sets out basic requirements for food labels and the general rules; Chapter III primarily deals with the specific requirements for labels affixed to pre-packaged food; Chapter IV expounds on the obligations of food producers and operators and their primary responsibilities for effective work on food labels; Chapter V provides for requirements regarding duties of regulators to step up regulation of food labels; and Chapter VI clearly specifies the relevant legal liability. According to the Draft for Comment, a food label should clearly indicate the name of the food and satisfy requirements in seven aspects, including "the food label should reveal the real attribute of the food". Also, food labels should specify the ingredients or display the list of ingredients. For dietary supplements, all raw materials and auxiliary materials should be presented one by one according to the information registered or filed and in the registered or filed order.