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Infant Foods Highlights in the New Food Safety Law Implementation Regulation

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On 19 October 2016, Legislative Affairs Office of the State Council P. R. China (SCLAO) released a Notice for public comments on the Food Safety Law Implementation Regulation (Draft) which was set up by CFDA. Previously on 9 December 2015, CFDA had published the first version for public comment. For the revised one, opinions and advice could be given before 19 November 2016.

As a highly focused food category, there are more detailed requirements on the infant food in the revised new Draft. CIRS has sorted out and interpreted the important Articles on infant food for your reference.

Highlights on Infant Foods


Importation information

Article 80

I. The registered number of infant formula milk powder shall be indicated on the label and specification.

II. The administrative measure on formula registration of infant formula milk powder has come into force on 1 October 2016. For the more interpretation on this measure, please kindly click here.

Article 91

There should be counters or areas for the selling of infant formula food. The reminder of “Infant formula food sales area or counter (婴幼儿配方食品销售专区或者专柜)” shall be set on the conspicuous position. It is forbidden to sell the infant formula food together with common food or drugs.

Article 95

I. The false, exaggerated or absolute language is forbidden, and the content claim and function claim are not allowed.

II. The content and function propaganda for infant formula food advertisements are not allowed.

Article 96

I. The infant formula milk powder that only registered the trademark, company name, and address overseas is not allowed to produce in China.

II. The infant formula milk powder should only be made from ewe's milk and cow’s milk.

III. The names of the optional added ingredients are not allowed to appear in the product name.

IV. Behaviors such as restrictions on the marketing area, and specialized distributor production are forbidden for infant formula milk powder.

Article 97

For the same enterprise, it is forbidden to register or file different brands products with the same formula; it is forbidden to register or file different formulas with the same product name.

Article 112

The CIQ departments shall inspect all items in accordance with relevant food safety standard for each batch of infant formula food imported into China.

Article 207

The registration fee and test fee will be required for the formula registration of infant formula milk powder.

CIRS Comments

I. The content claim and function claim are not allowed in the label or advertisement of infant formula food. However, for the moment, they are only forbidden for the products of 0-6 months infant. For other infant formula food, when the nutrients contents can reach relevant requirements, the claims are still allowed. Therefore, we think this requirement still needs further interpretation from the government. We suggest enterprise to pay more attention to the release of the final formal version of the Implementation Regulation.

II. Each batch and every item in food safety standard of imported infant formula food will be inspected by CIQ. It will take a long time for customs clearance of every importation, and requirements on the quality of infant formula food become stricter.

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