Food Regulations | Check if Your Company Standards Need Revision

Food Regulations | Check if Your Company Standards Need Revision

On September 10, 2023, the State Administration for Market Regulation issued the "Measures for the Promotion of Enterprise Standardization," which will take effect from January 1, 2024, replacing the previous "Measures for the Management of Enterprise Standardization." The "Measures for the Promotion of Enterprise Standardization" puts forward new requirements for the revision and public disclosure of enterprise standards, which may affect the current standards used by companies. After the new regulations come into effect, companies that do not comply with the new regulations may face rectification, notification, or even forced invalidation.

Encouraging the Implementation of Recommended Standards and the Development of Enterprise Standards with Technical Requirements Higher than the Recommended Standards

The "Measures for the Promotion of Enterprise Standardization" explicitly encourages companies to implement recommended standards. Currently, the national and local food safety standards are based on the bottom line of food safety, while recommended standards further demand quality requirements for products. Therefore, companies are encouraged to adopt recommended standards.

For companies that do not have relevant standards for their production or services, they should establish company standards. At the same time, the development of enterprise standards should comply with laws, regulations, and mandatory standard requirements.

To promote the high-quality and high-level development of enterprise standards, it is encouraged to develop enterprise standards with technical requirements higher than the recommended standards, supporting the improvement of product quality and service levels.

Enterprise Standards Should Specify Test Methods, Inspection Methods, or Evaluation Methods

The "Measures for the Promotion of Enterprise Standardization" stipulates that the product or service standards developed by enterprises should specify test methods, inspection methods, or evaluation methods. If the existing enterprise standards lack relevant content, they should be revised in accordance with this requirement. At the same time, the "Measures for the Promotion of Enterprise Standardization" also specifies that if the test methods, inspection methods, or evaluation methods specified in the enterprise standards do not have national, industry, or international standards, enterprises can develop relevant methods on their own. It should be noted that enterprises should ensure the scientific, accurate, and reliable nature of the self-developed methods.

Essential Information in Enterprise Standards Should Be Publicly Disclosed

The "Measures for the Promotion of Enterprise Standardization" specifies that enterprises should publicly disclose the numbers and names of the standards they implement for their products or services. For the development of enterprise standards, the functional indicators and performance indicators of products or services, as well as the corresponding test methods, inspection methods, or evaluation methods, should be made public. Compared to the "Standardization Law of the People's Republic of China," the requirement to disclose test methods, inspection methods, or evaluation methods is new.

If laws, regulations, or mandatory national standards have specific requirements regarding limiting excessive packaging of goods, enterprises should disclose the packaging standards they adopt according to relevant regulations.

To ensure consumers' right to know and choose and promote the high-quality development of enterprise standards, the "Measures for the Promotion of Enterprise Standardization" requires that if the project of functional indicators or performance indicators disclosed is fewer than or lower than the recommended standards, it should be explicitly stated during self-declaration. This is further requirements compared to the "Standardization Law of the People's Republic of China." For example, GB/T 22474-2008 "Jam" stipulates that the soluble solids of jam products should be ≥25%. If the company's developed enterprise standards do not include such indicators or the indicators are lower than the requirements of GB/T 22474-2008, the company should explicitly state this in its self-declaration.

For entrusted processing of products, it should be explicitly stated that the party responsible for executing the standard information is the declarant.

Channels for Self-Declaration and Public Disclosure of Enterprise Standards

Companies are encouraged to perform self-declaration and public disclosure through the national unified Enterprise Standard Information Public Service Platform. It is also allowed to make self-declarations and public disclosures through other channels. However, if self-declarations and public disclosures are made through other channels, it should be indicated on the Enterprise Standard Information Public Service Platform, and the information disclosed should be easily accessible, traceable, and tamper-proof.

Recommendations for Companies

Based on the revisions and changes in the "Measures for the Promotion of Enterprise Standardization," the following recommendations are suggested:

(1) Companies have the primary responsibility for self-developed enterprise standards and should continuously improve the level of standardization to ensure high-quality and high-level enterprise standards.

(2) Pay attention to changes in relevant laws, regulations, and mandatory standards related to company products, and revise company standards accordingly to ensure their validity and avoid unnecessary losses caused by unreasonable or non-compliant standards.

(3) The "Measures for the Promotion of Enterprise Standardization" clearly states that enterprise standards should specify test methods, inspection methods, or evaluation methods. If the enterprise standards lack this content, they should be promptly revised and supplemented. At the same time, the new regulations have specified the content and channels for self-declaration and public disclosure of enterprise standards. Non-compliance with the requirements for public disclosure should be adjusted promptly.