From the Year of the Dragon to the Year of the Snake: China’s Food Law Year-in-Review 2024
The year of 2024 has witnessed a wave of positive developments in China’s food regulatory system, marked by legislative advancement and a strengthened focus on food safety. We saw the authority taking significant strides in refining its regulatory framework, such as releasing safety evaluation guidelines for genetically modified microorganisms (GMMs) in novel food applications, and the continued efforts to implement the “Three Reduction” initiative (i.e., reductions in fat, salt, and sugar) by proposing the voluntary front-of-pack nutrition labeling (FOPNL) scheme.
This article highlights some key developments of 2024 in the food regulatory space that may impact business operations in China, followed by a forward look at the regulatory trends and developments in 2025.
New requirements for the safety evaluation materials for “three new foods” (i.e., new food ingredients, new food additives, and new food packaging materials)[1], for the first time, detail the data required for applications of food ingredients/additives and food packaging materials involving GMMs. The regulatory pathway for those new foods involving GMMs is now clearly defined, under which companies can submit applications to the Chinese authority seeking approvals. More details can be found in our CRM – China Notifies Requirements for Safety Evaluation Materials for “Three New Foods."
Food ingredients and additives continued to be approved by the Chinese National Health Commission (NHC) in 2024. Specifically, NHC approved a total of 12 food ingredients and 28 food additives through its 2024 announcements. Compared with 2023, the total number of applications for new food ingredients and additives increased, reflecting a growing recognition among companies of the benefits that come with the approval of novel foods. However, despite the surge in applications, the total number of approvals has experienced a slight decline, which could suggest a more stringent review threshold by the Chinese government. Notably, in 2024, China continued to review and approve new nutrition fortification substances produced by GMMs, such as 2’-fucosyllactose (2’-FL) and lacto-N-neotetraose (LNnT).
China’s food labeling system is poised for a significant update with the release of two draft regulations for prepackaged food labeling, namely Food Safety National Standard for the Labeling of Prepackaged Foods (GB 7718-xxxx)[2] and Measures for Supervision and Administration of Food Labeling[3]. The two drafts are the result of years of coordination between NHC and the State Administration of Market Regulation (SAMR), aimed at optimizing the management of food labels. However, gaps appear to remain in the released two drafts, and thus, industry may face new food labeling challenges once they are finalized, likely in 2025. For further information, please refer to our CRM – Two Chinese Food Agencies Release Drafts of New Food Labeling Requirements.
In the meantime, in line with China’s long-term agenda “Healthy China 2030” and its ongoing campaigns to reduce the intake of fat, salt, and sugar in food, the government, in August 2024, released a draft voluntary national standard Guidelines for Graphic Symbol of Front-of-Pack Nutrition Labeling for Prepackaged Food[4]. The standard outlines four types of FOPNL symbols tailored to four different food categories. For further information, please refer to our CRM – China Releases Draft Guidelines for Front-of-Pack Nutrition Labeling.
The regulatory system for special foods (e.g., foods making health claims and foods for special medical purposes (FSMP)) continued to evolve in 2024. One notable action is the authority’s call for the submission of new function claims for health foods. Submissions were reviewed in a dedicated program, offering a valuable opportunity for producers of health foods to propose health/functional claims accepted in other markets but not yet permitted in China. A more detailed discussion regarding this submission can be found in our previous CRM – China Calls for Submissions of New Health Claims.
It is worth mentioning that for special foods, China implemented[5] a significant regulatory adjustment in the Hainan Free Trade Port, temporarily amending the Food Safety Law (FSL) to facilitate the import and use of special foods, covering health foods and FSMP. In this new framework, special foods are exempted from pre-market registration from the central government under the FSL; instead, designated medical institutions within the Bo’Ao Lecheng International Medical Tourism Pilot Zone are permitted to temporarily import and use, upon approval of the local Hainan provincial government. The local authority further issued[6] two interim provisions outlining the application procedures and safety management requirements, as well as streamlining the customs clearance process. These measures may benefit overseas manufacturers by creating a more accessible and efficient pathway for the import of health foods and FSMP, despite the fact that its sale and use are limited to the designated medical institutions only.
Alternative proteins remain a priority on the regulatory agenda of the Chinese government. China is developing draft guidelines for assessing cultured meat and related products, underscoring its ongoing efforts to establish a regulatory framework for this emerging sector. Recently, a new definition for “cultured meat” was proposed in the national standard for food terminology[7], recognizing this innovative product category for the first time. In addition, in November 2024, the Chinese Institute of Food Science and Technology (CIFST) released a draft industry standard, i.e., QB/T×××××-×××× General Principles for Plant-based Foods[8], which, once finalized, will serve as the first industry-standard specifically designed for plant-based foods. These initiatives highlight China’s commitment to integrating alternative proteins into its food regulatory system, and a clearer regulatory guidance for products such as cultured meat is expected to be provided by the government so that China could join other countries starting to review and approve cultured foods.
National food safety standards such as testing methods for foods, food flavoring, maximum residue limits for pesticides in foods, standards for food products (e.g., milk powder), and food additives were further developed in 2024. For example, China published GB 2760-2024 General Standard for the Use of Food Additives[9] to incorporate the latest approvals of new food additives since the publication of its last version in 2014. It also updates the use principle and use scope of processing aids, food enzymes, as well as food flavoring substances. GB 2760-2024 will become effective on February 8, 2025. Industry should review this new standard to ensure compliance with the latest provisions.
At the enforcement level, the Supreme People’s Court issued a judicial interpretation on punitive damages for food and drug cases, strengthening the protection of consumer rights in China[10]. Its interpretation introduces penalties, including fines and detention, to combat illegal activities such as blackmailing for compensation or fabricated lawsuits. In addition to judicial actions, SAMR issued[11] a draft list of conditions in which first-time offenders and minor violations of food safety regulations can be exempt from penalties, which is anticipated to be finalized in 2025. These developments reflect a regulatory trend of enhancing consumer protection while fostering a more business-friendly environment in food sectors in China.
Outlook for 2025
As we look ahead to 2025, the Year of the Snake, China’s commitment to strengthening its food safety and applying innovation in the food industry is set to reach a new height. For starters, the Chinese General Administration of Customs (GAC) just proposed amendments[12] to the Regulations on Registration and Administration of Overseas Manufacturers of Imported Food (GAC Decree No. 248), marking a significant step forward in streamlining facility registration and addressing practical challenges for international stakeholders. More details can be found in our CRM – Breaking News: China To Revise Registration Requirements for Foreign Food Facilities.
We anticipate new approvals of GMM food ingredients and additives to be announced in 2025 since the regulatory pathway has been in place, and new guidance on food labeling can be expected given the upcoming finalization of key regulations and standards involving labeling. Further discussion on reforming China’s food claim system is to continue as industry is looking for some breakthroughs and flexibility in the existing framework that would allow communication with consumers of the functional and health benefits of foods and food ingredients through labeling. Further, it is expected that a regulatory framework for cultured food will continue to evolve, ensuring it keeps pace with this rapidly advancing sector.
We will continue to monitor and update the latest regulatory developments throughout the year. In the meantime, if you need any support navigating China’s food laws and regulations, please do not hesitate to contact David Ettinger (ettinger@khlaw.com), Jenny Li (li@khlaw.com), Sharon Tian (tian@khlaw.com), or your existing contact at Keller and Heckman LLP.
[1] https://www.cfsa.net.cn/zxdt/tzgg/2024/14077.shtml
[2] http://www.nhc.gov.cn/wjw/yjzj/202406/4269b464a5b94e66ab13d67668af2003.shtml
[3] https://www.samr.gov.cn/hd/zjdc/art/2024/art_fbb1fe25da1d4627a914674412f3fa80.html
[4] https://std.samr.gov.cn/gb/search/gbDetailed?id=02DDAC68065BAD4CE06397BE0A0A1546
[5] https://www.gov.cn/yaowen/liebiao/202406/content_6960124.htm
[6] https://www.hainan.gov.cn/hainan/szfwj/202412/66b8298908aa4939bedef4dcacfa026e.shtml
[7] https://www.sac.gov.cn/xw/zqyj/art/2024/art_0178f1202a63482ca857504875c8501b.html
[8] https://www.cifst.org.cn/a/dynamic/tongzhi/20241122/3186.html
[9] http://www.nhc.gov.cn/sps/s7891/202403/a51bf4bd1c1545d4bada095735603b6f.shtml
[10] https://www.court.gov.cn/fabu/xiangqing/440841.html
[11] https://www.samr.gov.cn/hd/zjdc/art/2024/art_1dfab59163474e02bf6fc9fd19c79b7a.html
[12] http://www.customs.gov.cn/customs/302452/302329/zjz/6297231/index.html