The State Administration for Market Regulation ("SAMR") has recently drafted the Measures for the Supervision and Administration of Food-related Product Quality Safety (Draft for Comment) (the "Draft for Comment") for public comments by August 31, 2020.
The Draft for Comment consists of five chapters including general provisions, production and sales, supervision and administration, legal liability and supplementary provisions. Among others, the Draft for Comment stipulates that producers and sellers of food-related products shall establish a food-related product safety traceability system to ensure that all links from the procurement of raw and auxiliary materials to product sales can be effectively traced. Meanwhile, producers and sellers of food-related products are encouraged by the state to participate in the relevant safety liability insurance. The Draft for Comment also requires that high-risk food-related products such as packaging materials that directly contact food shall be subject to production licensing and post-licensing supervision and inspection which shall be implemented according to state provisions on the management of production license for industrial products. Supervision and inspection shall be carried out for food-related products that have not been subject to ex ante licensing.