March 2, 2009

China's top legislature approved the Food Safety Law on Saturday (Feb 28), providing a legal basis for the government to strengthen food safety control from "farm-to-fork".

The law, which takes effect June 1, 2009, will enhance monitoring and supervision, tightens safety standards, recall substandard products and severely punish offenders.

The law was approved following a series of food scandals that triggered fervent calls for overhauling China's current monitoring system.

Winning 158 out of 165 votes, the law said the State Council or the Cabinet, will set up a state-level food safety commission to oversee the entire food monitoring system, whose lack of efficiency has been blamed for repeated food scandals.

Departments of health, agriculture, quality supervision, industry and commerce administration will have different responsibilities, including risk evaluation, the making and implementation of safety standards, and the monitoring of food production and circulation sectors.

The law included a ban on all chemicals and materials other than authorised additives in food production, and that "only items proven to be safe and necessary in food production are allowed to be listed as food additives".

Health authorities are responsible for assessing and approving food additives and regulating their usage.

Producers of edible farm products are required to abide by food safety standards when using pesticide, fertiliser, growth regulators, veterinary drugs, feedstuff and feed additives, and they must keep farming or breeding records.

Offenders could face maximum fines or compensations that are 10 times the value of sold products, in addition to compensation paid for the product's harm to the consumer.

The law also bans food safety supervision and inspection agencies, food industry associations and consumers' associations from advertising food products, in an effort to better protect consumer rights.

Individuals or organisations are also prohibited from advertising substandard food products. Offenders would face joint liability for damages incurred.