Food Labeling Contrast between China and EU Regulations (Part I)

Today I publish another useful article written by Quinn Hulk, Food and Drug Administration of Beijing – Food Law Advisor and our country contributor for China. You can contact Quinn Hulk directly via e-mail at hulkquinn@163.com.

1. Basic introduction

China National Standard GB7718-2011 General Rule for the Labeling of Pre-packed Foods (hereinafter referred to as GB7718-2011) was promulgated by the Ministry of Health (now National Health and Family Planning Commission of PRC) on 20-04-2011 and entered into force on 20-04-2012, repealing China National Standard GB7718-2004.

China National Standard GB28050-2011 General Rule for Nutrition Labeling of Pre-packed Foods (hereinafter referred to as GB28050-2011) was promulgated by the Ministry of Health (now National Health and Family Planning Commission of PRC) on 12-10-2011 and entered into force on 01-01-2013.

Regulation (EU) No 1169/2011 was first published on 25-10-2011 and entered into force on the 20^th day following its publication in the Official Journal of the European Union. Considering the various situations among European nations and in order to allow transitional preparation, it sets out different dates for its application. Apart from 2 exceptions, point (l) of Article 9(1) and Part B of Annex VI, which shall apply from 13th Dec 2016 and became applicable from 1st January 2014, the regulation applied from 13th Dec 2014.

2. Scope

GB7718-2011 applies to the label of pre-packed food directly and indirectly provided to consumers. It does not apply to the package for the protection of pre-packed foods in transport and storage, unpacked foods as well as site-selling foods.

As for the unpacked foods, provisions available include Article 54 of Food Safety Law and Regulations on the Hygiene of Unpacked Food（a ministerial regulation still effective but not practicable, barely noticed anymore because it’s made in accordance with Food Hygiene Law, which has been repealed and abolished on 1^st June of 2009, replaced by the old version of Food Safety Law）

Reg. (EU) No 1169/2011 applies to food business operators at all stages of the food chain. It applies to all foods intended for the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers. It also applies to catering services provided by transport undertakings when the departure takes place on the territories of the Member States to which the Treaties apply.

Compared with Chinese regulations, Reg. (EU) No 1169/2011 has a much wider scope. It covers basically all foods at all stages.

3.

Reg. (EU) No 1169/2011 List of mandatory particulars Article 9	GB7718-2011 Labeling information of pre-packed food supplied directly to consumers 4.1
Name of food	Name of food
List of ingredients	List of ingredients
Allergens	Recommended, not mandatory
The net quantity of the food	The net quantity of the food and specifications
The quantity of certain ingredients or categories of ingredients	Quantitative indication of ingredients
The date of minimum durability or use by date	Production date and quality guarantee period (shelf life)
Any special storage conditions or conditions of use	Storage conditions
Name or business name and address of the food business operator	Name, address, contact information of food manufacturers and food distributors
Country of origin or place of provenance
Instructions for use where it would be difficult to make appropriate use of food in the absence of such instructions
The actual alcoholic strength by volume for beverages containing more than 1.2% alcohol
Nutrition declaration	Nutrition label
	Product standard code
	License No. of food manufacturing certificate
	Other indications	Ionizing radiation processed food or ingredients
		Genetically modified foods
		Quality grade if stipulated so in product standard

4.

Reg. (EU) No 1169/2011 Presentation of mandatory particulars Article 13	GB7718-2011 Basic requirements 3.9
In Reg. (EU) No 1169/2011, Article 13 requires that the x-height can be equal to or greater than 0,9 mm only when the largest surface of packaging or containers has an area of less than 80 cm2. Under normal circumstances, the x-height should be equal to or greater than 1,2 mm.	In GB7718-2011, the height of character should not be less than 1,8mm when the maximum surface area is larger than 35cm2. When the maximum surface area is larger than 10 cm2but less than 35 cm2, the height of character can be less than 1,8mm. The visibility and legibility should not be reduced nonetheless.
Reg. (EU) No 1169/2011 has a minimum size of character.	GB7718-2011 doesn’t limit the minimum size.

5.

Reg. (EU) No 1169/2011 Distance selling Article 14

GB7718-2011 No such provisions

6.

Reg. (EU) No 1169/2011 Omission of certain mandatory particulars Article 16	GB7718-2011 Exemptions of particulars 4.3
List of ingredients and a nutrition declaration shall not be mandatory for beverages containing more than 1.2% by volume of alcohol, unless Union provisions require otherwise.	Vinegar, salt, solid sugar, monosodium glutamate can be exempted from presenting the information of quality guarantee period together with alcoholic beverages which contain more than 10% by volume of alcohol.
Only the following information shall be mandatory for the packaging or containers the largest surface of which has an area of less than 10cm2. (1)    the name of the food (2)    any ingredient or processing aid listed in Annex or derived from a substance or product listed in Annex causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form (3)    the net quantity of the food (4)    the date of minimum durability or the “use by “date The list of ingredients, however, shall be provided through other means or shall be made available at the request of the consumers.	Only the name of the food, net quantity, name and address of the manufacture (or distributor) are required when the maximum surface area is less than 10cm2.
For glass bottles intended for reuse which are indelibly marked and bear no label, ring or collar, only the following information are mandatory (1)the name of the food (2)any ingredient or processing aid listed in Annex or derived from a substance or product listed in Annex causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form (3)the net quantity of the food (4)the date of minimum durability or the “use by “date (5) a nutrition declaration	No such provisions.
Nutrition declaration is not mandatory for the foods in Annex V, unless otherwise stipulated by Union provisions.

7.

Reg. (EU) No 1169/2011 Quantitative indication of ingredients Article 22	GB7718-2011 Quantitative indication of ingredients 4.1.4
If the ingredient or category of ingredients is emphasized on the labeling in words, pictures or graphics, the quantitative indication of an ingredient or category of ingredients shall be required.	If one or more valuable and characteristic ingredient or category of ingredients is emphasized in the labeling or instructions, the quantitative indication of an ingredient or category of ingredients shall be required.
No such provisions	If it is emphasized that the content of one ingredient or category of ingredients is comparatively low or does not exist, the quantitative indication of the ingredient or category of ingredients shall be required.
If the ingredient or category of ingredients appears in the name of the food or is usually associated with that name by the consumer, the quantitative indication of an ingredient or category of ingredients shall be required.	If the ingredient or category of ingredients is just mentioned in the name of the food and no emphasis is made in the labeling, the quantitative indication of an ingredient or category of ingredients is unnecessary.
If the ingredient or category of ingredients is essential to characterize a food and to distinguish it from products with which it might be confused because of its name or appearance, the quantitative indication of an ingredient or category of ingredients shall be required.	No such provisions.

8.

Reg. (EU) No 1169/2011 Date of minimum durability, ‘use by’ date and date of freezing Article 24		GB7718-2011 Quality guarantee period Annex C.4
Date of minimum durability	Best before…	It is highly suggested that you consume the food before…
	Best before end…	Consume the food best before…
Use by…		Best before…
Frozen on…		Best before the date….
		Consume the food best before the date…
		Quality guaranteed period until…
		Quality guaranteed period…months(or days, weeks, years)

9.

Reg. (EU) No 1169/2011 Storage conditions or conditions of use Article 25	GB7718-2011 The indications of storage condition Annex C.5
In cases of where foods require special storage conditions and/or conditions of use, those conditions shall be indicated.	Store in normal temperature. Store in refrigeration. Store in freezing area. Store in dark place. Store in cool and dry place.
To enable appropriate storage or use of the food after opening the package, the storage conditions and/or time limit consumption shall be indicated, where appropriate.	Store in xx-xx℃.
	Please put the product in cool and dry place.
	Store in normal temperature and keep refrigerated after opening.
	Temperature:≤xx℃,Humidity: ≤xx％

10. Article 13 of Reg. (EU) No 1169/2011 stipulates that food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. GB7718-2011 does not have such provisions, which leads to the fact that many MSEs adopt cost-saving way to label the information. In law enforcement practice, we have found that many people (especially so-called ‘professional defective-food buyers’) deliberately erase the poorly labeled food information such as production date in order to extort money from big supermarkets by filing a report to local jurisdictional FDAs. Some supermarkets are likely to erase it and reprint a new production date, which is also illegal.

Overall speaking, Reg. (EU) No 1169/2011 provides a much more detailed and comprehensive provision concerning food labeling information. GB7718-2011 is comparatively less consumer-oriented, which contributes to the fact that local FDAs at provincial and city level are plagued by ‘professional defective-food buyers’ and spend most of the administrative resources on trivialities and are forced to leave the real food safety problems unattended due to high work burden, lack of food science knowledge and most of all, a bureaucratic system.