Yesterday, the General Administration of Market Supervision announced that opinions were being sought in response to the announcement of the General Administration of Market Supervision on the relevant regulations on labelling management of health food. The new regulations require special reminder zones and special remind on health food labels, and special reminder zones should be located in the main display layout of the smallest sales packaging (containers), which should not occupy less than 30% of the area on which they are located.
According to the Announcement of the General Administration of Market Supervision on the Regulations on the Management of Health Food Labels (Draft for Opinions), the contents of health food labels should be consistent with the corresponding contents specified in the registration certificate or the Filing Certificate of health food; health food producers and operators are responsible for the authenticity, integrity and standardization of their health food labels, and accept social supervision and assume responsibility, food safety responsibility.
The new regulations also stipulate that special reminders and complaint calls should be set on health food labels, and specific requirements for their packaging are given.
The complaint service telephone for the same health food registered or filed shall be unique. Health food production and marketing enterprises shall ensure that they receive and handle consumer complaints and reports within the promised service period, and record and keep relevant service information for at least two years.
This regulation will come into effect on January 1, 2020. Health food produced before January 1, 2020 can be sold until the expiration of the shelf life. Health food produced on January 1, 2020, whose labels do not meet the requirements of this announcement, shall be punished in accordance with the relevant provisions of Articles 124 and 125 of the Food Safety Law of the People's Republic of China.
The General Administration of Market Supervision is seeking opinions on the new regulation. Relevant units and individuals may submit opinions or suggestions by letter or e-mail before February 28, 2019.
Some people think that the Food Safety Law revised in 2015 clearly stipulated that the label and instruction of health food should not involve the function of disease prevention and treatment, and declared that "this product can not replace drugs"; health food advertising should also declare that "this product can not replace drugs". It should be said that the law requires health food labeling warnings, to a certain extent, limiting the exaggeration of propaganda. However, the relevant provisions do not specify the location and area of the warning language, which virtually gives enterprises too much discretion space.
New Regulation Requirements for Health Food Labelling
The special reminder area should be located in the main display area of the smallest sales package (container), and the area should not be less than 30% of the area on which it is located.
Special reminder area text and special reminder area background should have obvious color difference. Special caution should be given to the use of bold print, including "health food does not have disease prevention, treatment function. This product is not a substitute for medicine.
The new rules also make it clear that when the surface area of the main display page is greater than or equal to 100 square centimeters, the font height should not be less than 6.0 mm. When the surface area of the main display page is less than 100 square centimeters, the minimum height of the warning font varies in proportion to the above provisions.
The health food label should set up a complaint service telephone information area, and mark the complaint service telephone, service time and other information. The font size of complaint service telephone should not be smaller than that of "health care function".
