China's Food Safety Law: New Obligations and Increased Penalties
By Ron Cai, Lin Zhu and Kevin Moore
On Feb. 28, 2009, following a wave of tainted food scandals that rocked public confidence, the Standing Committee of China's National People's Congress enacted a Food Safety Law (the “Food Law”). The Food Law creates nationwide standards for everything from nutritional specifications for baby food to pesticide usage. Effective June 1, the Food Law is a result of years of drafting and revision.
This advisory highlights key points of the Food Law and emphasizes new obligations for businesses. Hallmarks include a requirement for detailed record keeping in each step of the food production and distribution process as well as an expansive joint liability structure.
China's State Council is reportedly drafting implementation rules for the Food Law in order to set out further details. We expect that the implementing rules will be promulgated and go into effect when the Food Law becomes effective.
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