Provisions for the Administration of Food Labelling

Article 1: These Provisions have been formulated pursuant to such laws and regulations as the PRC Product Quality Law, the PRC Food Hygiene Law, the State Council, Special Provisions on Strengthening the Regulation of the Safety of Products Such as Foodstuffs and the PRC Regulations for the Administration of Industrial Product Production Permits in order to strengthen the regulation of food labelling, standardize the indication of food labelling, prevent quality fraud and protect the lawful rights and interests of enterprises and consumers.

Article 2: The indication and administration regarding labelling on foodstuffs produced (including sub-packaged) and sold in the People's Republic of China shall be governed by these Provisions.

Article 3: For the purposes of these Provisions, the term “food labelling” is the collective name for text, symbols, figures, pictorial matters and other forms of explanation, affixed to, printed or marked on foodstuffs or their packaging and used to indicate relevant information such as the name of the foodstuff, its quality grade, quantity, method of consumption or use, and producer or seller.

Article 4: The General Administration of Quality Supervision, Inspection and Quarantine (the AQSIQ) is in charge of organizing ex officio the regulation of food labelling nationwide.

Local quality and technology supervision authorities at the county level and above are in charge of the regulation, ex officio, of food labelling within their jurisdictions.

PART TWO: CONTENTS OF FOOD LABELLING

Article 5: Labelling shall be added to foodstuffs or their packaging, with the exception of foodstuffs that laws or administrative regulations specify may be exempt from labels.

The content of food labelling shall be true, accurate, in the vernacular, easily understandable, objective and lawful.

Article 6: Labelling shall indicate the name of the foodstuff.

The name of the foodstuff shall indicate the true nature of the foodstuff and comply with the following requirements:

(1) if state standards or industry standards contain provisions on the name of the foodstuff, the name specified in such standard shall be used;

(2) if state standards or industry standards are silent on the name of the foodstuff, a common name or popular name that does not cause misunderstanding among or confuse consumers shall be used;

(3) if a name that may easily cause misunderstanding as to the nature of the foodstuff is indicated, such as a “created name”, “unusual name”, “transliterated name”, “brand name”, “local slang name” or “trademark name”, a name as specified in Item (1) or (2) of this Article or a category (generic) name shall be indicated adjacent to such name in the same size;

(4) for a foodstuff that is composed of a physical mixture of two or more foodstuffs, whose appearance is uniform and the components of which are difficult to separate, its name shall reflect its mixed nature and category (generic) name; or

(5) for a foodstuff that uses animal or plant foods as raw material and undergoes specific processing and fabrication to imitate characteristics of another living thing such as its physical look, organs and tissues, its name shall be prefixed by a word such as “artificial”, “imitation” and “vegetarian” and the category (generic) name reflecting the true nature of the foodstuff shall be indicated.

Article 7: Food labelling shall indicate the place of origin of the foodstuff.

The place of origin of a foodstuff shall be indicated down to the level of prefectural city based on administrative divisions.

Article 8: Food labelling shall indicate the name and address of the producer. The name and address of the producer shall be the name and address of the producer that is legally registered and can bear liability for product quality.

In any of the following circumstances, the indication shall accord with the provisions set forth below:

(1) for a company or a subsidiary thereof that bears independent legal liability in accordance with the law, its name and address shall be indicated;

(2) for a company branch or company production base that cannot bear independent legal liability in accordance with the law, either the names and addresses of both the company and its branch or production base shall be indicated or the name and address of the company only shall be indicated;

(3) if an entity is commissioned to produce and process a foodstuff but is not responsible for the sale thereof to third parties, the name and address of the commissioning enterprise shall be indicated; for a foodstuff subject to production licensing, if the commissioning enterprise has a production permit for the foodstuff whose processing it has commissioned to another enterprise, either the names and addresses of both the commissioning and commissioned enterprises shall be indicated or the name and address of the commissioning enterprise only shall be indicated;

(4) for a sub-packaged foodstuff, the name and address of the sub-packager shall be indicated, and the word “sub-packaged” shall be marked on the labelling.

Article 9: Food labelling shall clearly indicate the production date and durability of the foodstuff.

If the durability of a foodstuff is dependent on the storage conditions, the specific storage conditions for the foodstuff shall be indicated. Alcoholic beverages with an alcohol content of at least 10%, vinegar, salt and solid sugars may be exempted from indicating the durability.

The method of indicating dates shall comply with state standards or be in year/month/date format.

Article 10: Food labelling for a foodstuff packaged in a fixed quantity shall indicate the net quantity. For foodstuffs that contain substances in both solid and liquid state, the drained (solid) quantity shall be indicated in addition to the net quantity.

The net quantity shall be placed on the same display panel of the foodstuff packaging as the name of the foodstuff. The indication of the net quantity shall comply with the Measures for the Regulation of the Measurement of Merchandise in Packaging of a Fixed Quantity.

Article 11: Food labelling shall list the ingredients of the foodstuff.

The ingredients shall be listed in descending order of quantity as recorded at the time of their use in the production and processing of the foodstuff. The specific method of indication of the ingredients shall be handled in accordance with state standards.

If flavourings, preservatives or colourings are used directly in a foodstuff, the specific names thereof shall be indicated under additives in the list of ingredients. If other food additives are used, the specific name, type or code may be indicated. The scope of use of additives and the quantities thereof shall be handled in accordance with state standards.

Article 12: Food labelling shall indicate the number of the state standard, industry standard or local standard implemented by the enterprise or the number of the corporate standard filed with the authorities.

Article 13: If the standard applicable to a foodstuff expressly requires the indication of the quality grade of, or the process, for the foodstuff, the same shall be appropriately indicated.

Article 14: The food labelling on a foodstuff subject to production licensing shall indicate the production permit number and bear the QS mark.

If the production and processing of a foodstuff subject to production licensing is commissioned and the commissioning enterprise has a production permit for the foodstuff whose processing it has commissioned, either the commissioning enterprise's or the commissioned enterprise's production permit number may be indicated.

Article 15: If a mix-packed non-edible product may be easily mistakenly consumed or improperly used, thereby easily leading to personal injury, its labelling shall carry a warning symbol or a warning statement in Chinese.

Article 16: The labelling shall carry a statement in Chinese if the foodstuff:

(1) has been shown in clinical studies that it may easily cause harm to certain groups;

(2) has been treated with ionizing radiation or ionization energy;

(3) is a genetically modified foodstuff or contains statutory genetically modified raw materials; or

(4) is a foodstuff that is required to carry another statement in Chinese as specified in laws, regulations or state standards.

Article 17: If a foodstuff contains the word “nutritious” or “fortified” in its name or in the explanation, the nutrients in and calorific value of the foodstuff shall be indicated in accordance with relevant provisions of state standards and carry an indication of quantity that complies with state standards.

Article 18: Food labelling may not:

(1) carry an express or implied claim that it prevents or cures a disease;

(2) carry an express or implied claim that a non-health food product has healthful effects;

(3) describe the foodstuff in a fraudulent or misleading manner;

(4) carry a product explanation for which it is impossible to substantiate its basis;

(5) carry language or designs that are disrespectful to ethnic customs or contain discriminatory descriptions;

(6) carry indications that use the national flag, a national emblem or the renminbi; or

(7) carry other content that is prohibited in laws, regulations or standards.

Article 19: The following illegal acts of Product Labelling are prohibited:

(1) falsifying or fraudulently indicating the production date or durability;

(2) falsifying the foodstuff's place of origin, or falsifying or passing off another producer's name and address;

(3) counterfeiting, passing off or altering the production permit logo or number; and

(4) other acts that are prohibited in laws and regulations.

PART THREE: FORM OF FOOD LABELLING

Article 20: Food labelling may not be separated from the foodstuff or its packaging.

Article 21: Food labelling shall be directly carried on the smallest sales unit of the foodstuff or its packaging.

Article 22: If the packaging of one sales unit contains different types of foodstuffs that are individually packaged, the food labelling on each individual package shall accord with these Provisions.

If all or part of the compulsory contents indication of each individually packaged foodstuff cannot be clearly distinguished through the sales unit's external packaging, it shall be individually indicated on the external packaging of the sales unit, unless the external packaging is easy to open to permit distinguishing. If all or part of the compulsory contents indication of each individually packaged foodstuff can be clearly distinguished, such contents may be exempted from repetitive indication on the external packaging.

Article 23: Food labelling shall be clear and conspicuous, and contrasting colours shall be used for the background and the ground colour to facilitate identification and reading by the consumer.

Article 24: The written language used on food labelling shall be standard Chinese, registered trademarks excepted.

Pinyin or an ethnic minority language, or a foreign language may additionally be used on food labelling, provided that it corresponds to the Chinese and that the foreign language used is no larger than the corresponding Chinese, registered trademarks excepted.

Article 25: If the area of the largest surface of a foodstuff or its packaging is greater than 20 square centimetres, the height of the text, symbols and figures of the compulsory content on the food labelling may not be less than 1.8 millimetres.

If the area of the largest surface of a foodstuff or its packaging is less than 10 square centimetres, the food labelling may be limited to indicating the name of the foodstuff, the name and address of the producer, the net quantity, production date and durability, unless laws or administrative regulations provide that other contents be indicated, in which case such provisions shall apply.

PART FOUR: LEGAL LIABILITY

Article 26: If the first paragraph of Article 5 hereof is violated by failing to add labelling to a foodstuff or its packaging, the perpetrator shall be ordered to rectify the matter within a specified period of time and fined at a maximum of Rmb10,000.

Article 27: If any of the articles from Article 6 to Article 8 or from Article 11 to Article 13 hereof is violated by failing to indicate contents that are required to be indicated, the perpetrator shall be ordered to rectify the matter within a specified period of time. If it fails to rectify the matter by the specified deadline, it shall be fined not less than Rmb500 and not more than Rmb10,000.

Article 28: If Article 9 or Article 15 hereof is violated by failing to indicate the production date or durability, or a warning symbol or warning statement in Chinese, penalties shall be imposed in accordance with Article 54 of the PRC Product Quality Law.

Article 29: If Article 10 hereof is violated by failing to indicate the net quantity, penalties shall be imposed in accordance with the Measures for the Regulation of the Measurement of Merchandise in Packaging of a Fixed Quantity.

Article 30: If the labelling on a foodstuff subject to production licensing fails to indicate the production permit number or logo, penalties shall be imposed in accordance with Article 47 of the PRC Regulations for the Administration of Industrial Product Production Permits.

If a production permit number or logo is counterfeited, passed off or altered, penalties shall be imposed in accordance with Article 51 of the PRC Regulations for the Administration of Industrial Product Production Permits.

Article 31: If Article 17 hereof is violated by failing to indicate the nutrients in or calorific value of the foodstuff or carry an indication of the quantity, the perpetrator shall be ordered to rectify the matter within a specified period of time. If it fails to rectify the matter by the specified deadline, it shall be fined at a maximum of Rmb5,000.

Article 32: If Article 18 hereof is violated by indicating contents that are prohibited, the perpetrator shall be ordered to rectify the matter within a specified period of time. If it fails to rectify the matter by the specified deadline, it shall be fined at a maximum of Rmb10,000. If relevant laws or regulations are violated, matters shall be handled in accordance with such relevant laws or regulations.

Article 33: If the production date or durability is falsified or fraudulently indicated, the perpetrator shall be ordered to rectify the matter within a specified period of time and fined not less than Rmb500 and not more than Rmb10,000. If the circumstances are serious, resulting in consequences, penalties shall be imposed in accordance with relevant laws and administrative regulations.

Article 34: If the place of origin of a foodstuff is falsified, or the name and address of another producer is falsified or passed off, penalties shall be imposed in accordance with Article 53 of the PRC Product Quality Law.

Article 35: If Article 20 hereof is violated by the separation of the food labelling from the foodstuff or its packaging, the perpetrator shall be ordered to rectify the matter within a specified period of time and fined at a maximum of Rmb5,000.

Article 36: If Article 21, the second paragraph of Article 22, Article 24 or Article 25 hereof is violated, the perpetrator shall be ordered to rectify the matter within a specified period of time. If it fails to rectify the matter by the specified deadline, it shall be fined at a maximum of Rmb10,000.

Article 37: If the first paragraph of Article 22 hereof is violated, penalties shall be imposed in accordance with the relevant provisions of this Part.

Article 38: If a member of the working personnel responsible for the regulation of food labelling is derelict in his/her duties, abuses his/her authority or covers up or connives at illegal acts, he/she shall be subjected to administrative penalties in accordance with the law. If a criminal offence is constituted, his/her criminal liability shall be pursued in accordance with the law.

Article 39: The administrative penalties specified in these Provisions shall be imposed ex officio by local quality and technical supervision departments at the county level and above.

If laws or administrative regulations provide otherwise with respect to administrative penalties, such provisions shall apply.

PART FIVE: SUPPLEMENTARY PROVISIONS

Article 40: The administration of food labelling on imported and export foodstuffs shall be handled by exit-entry inspection and quarantine authorities in accordance with relevant AQSIQ provisions.

Article 41: The AQSIQ shall be in charge of interpreting these Provisions.

Article 42: These Provisions shall be effective as of September 1 2008. The Provisions on the Investigation and Handling of Violations of the Law in Food Labelling promulgated by the former State Technology Supervision Bureau shall be repealed simultaneously.