Highly toxic pesticides shall not be used in vegetables and fruits.

????Legal Daily, Beijing, April 20th-Reporter Chen Liping started to review the revised draft of the Food Safety Law at the 14th meeting of the 12th the National People’s Congress Standing Committee (NPCSC) held in Beijing today. The revised draft adds provisions that highly toxic and toxic pesticides shall not be used in vegetables, fruits, tea and Chinese herbal medicines.

????The original revised draft stipulates that the state encourages the use of high-efficiency and low-toxicity pesticides and speeds up the elimination of highly toxic and toxic pesticides.

????Some members of the Standing Committee suggested clearly stipulating the comprehensive elimination of highly toxic and toxic pesticides and setting a specific timetable. In this regard, the Ministry of Agriculture pointed out that it is not feasible to completely eliminate highly toxic and toxic pesticides at present, and the total ban is not conducive to agricultural production and food security. Moreover, some highly toxic pesticides degrade quickly and have low residues. As long as they are used in strict accordance with regulations, the quality and safety of agricultural products will not be affected. Some developed countries in the world have not completely banned the use of such pesticides.

????The Law Committee of the National People’s Congress believes that the revised draft has stipulated in principle that the elimination of highly toxic and toxic pesticides should be accelerated based on China’s national conditions. Considering that it is not yet ripe to completely eliminate and ban the use of highly toxic and toxic pesticides, the management of the use of such pesticides should be strengthened at present, and the research and development and promotion of related substitutes should be accelerated. Accordingly, it is suggested that the above provisions be amended as follows: the state encourages and supports the use of highly effective, low-toxic and low-residue pesticides, promotes the research and development and application of highly toxic and highly toxic pesticide substitutes, and accelerates the elimination of highly toxic and highly toxic pesticides.

????Sales of edible agricultural products do not require permission.

????Legal Daily, Beijing, April 20 th Reporter Chen Liping’s new revised draft of the Food Safety Law stipulates that the sale of edible agricultural products does not require permission.

????The original revised draft stipulates that food sales should be licensed according to law. However, farmers do not need permission to sell their own edible agricultural products.

????Some members of the public, china food and drug administration and the Ministry of Agriculture have suggested that the law on the quality and safety of agricultural products does not require a license to sell edible agricultural products, and it is not implemented in practice. It is suggested that after it is included in the scope of this law, it should continue to be clear that the sale of edible agricultural products does not require a license, and at the same time strengthen the regulation and supervision of the trading market of edible agricultural products and the business behavior of sellers.

????After research, the Law Committee of the National People’s Congress suggested the following amendments: First, the "individual farmers do not need to obtain permission to sell their own edible agricultural products" was amended to "sell edible agricultural products without permission". The second is to add regulations that the wholesale market of edible agricultural products should be equipped with inspection equipment and inspectors or entrust food inspection agencies to conduct sampling inspection on edible agricultural products sold in the market. The third is to increase regulations, and sellers of edible agricultural products should establish a system of inspection and recording of incoming goods. The fourth is to add regulations that the use of food additives such as preservatives and preservatives and food-related products such as packaging materials in packaging, preservation, storage and transportation of edible agricultural products entering the market should meet the national food safety standards.

????Health food should declare that it cannot replace medicine.

????Legal Daily, Beijing, April 20 th Reporter Chen Liping’s new revised draft of the Food Safety Law stipulates that health food labels and instructions should state that "this product cannot replace drugs".

????The original revised draft stipulates the catalogue, labels and instructions of health food raw materials.

????Some members of the Standing Committee, china food and drug administration and some members of the public suggested that there are many health foods added with Chinese herbal medicines in China, and the raw materials of health foods are compatible with each other, which may form new effects. The catalogue management of health food raw materials should be further improved, the names, dosage and corresponding effects of raw materials should be clearly defined, and the health foods using raw materials outside the catalogue should be registered. At the same time, we should strengthen the management of health food labels and instructions to avoid misleading consumers. Some members of the Standing Committee and some members of the public suggested that the competent authorities should strengthen the protection of business secrets of enterprises in the registration and filing of health food.

????After research, the NPC Law Committee suggested the following amendments: First, the catalogue of raw materials for health food should be made clear, including the corresponding functions of raw materials in addition to the name and dosage. Second, it is clear that the labels and instructions of health food should be consistent with the contents of registration or filing, and it is stated that "this product cannot replace drugs". Third, it is clear that the food and drug supervision and administration department should keep confidential the business secrets of enterprises learned during registration or filing.

????Formulated foods for special medical purposes should be registered.

????Legal Daily, Beijing, April 20-Reporter Chen Liping’s new revised draft of the Food Safety Law stipulates that formula food for special medical use should be registered by the food and drug supervision department of the State Council.

????Formula food for special medical use is a special food suitable for people with specific diseases. The current food safety law and the second review draft of the revised draft do not stipulate this kind of food. For a long time, China has implemented the registration management of this kind of food according to drugs. Up to now, 69 drug approval numbers of enteral nutrition preparations have been approved. In 2013, the National Health and Family Planning Commission promulgated the national standard of formula food for special medical use, which was included in the food category. China food and drug administration proposed that the formula food for special medical use is to meet the special needs of people with specific disease states. Unlike ordinary food, it has high safety requirements and needs to be used under the guidance of doctors. It is suggested that it should be clearly registered and managed in this law to avoid the lack of supervision. The National Health and Family Planning Commission suggested that this kind of food should be managed according to the standard of ordinary food.

????The Law Committee of the National People’s Congress believes that it is necessary to maintain the current practice and implement registration management for this kind of food in order to ensure the dietary safety of people with specific diseases. Accordingly, it is suggested to add the above provisions.

????Infant milk powder formula or registration system

????Legal Daily, Beijing, April 20-Reporter Chen Liping, the Law Committee of the National People’s Congress, after research, believes that the registration management of infant formula milk powder is conducive to ensuring the safety of this kind of special food. If the relevant parties in the State Council have agreed to implement registration management, it is suggested that the relevant provisions of the revised draft can be revised accordingly.

????The original revised draft stipulates that the formula of infant formula milk powder shall be put on record for management.

????China food and drug administration pointed out that at present, there are too many formulas of infant formula milk powder in China, and there are nearly 1,900 formulas in China, with an average of more than 20 formulas for each enterprise, while such enterprises abroad generally have only two or three formulas. Some enterprises, for marketing, randomly formulate formulas that have no scientific and technological content and have no special significance for the growth and development of infants. In order to ensure safety, it is suggested that the formula of infant formula milk powder should be registered and managed. Because this issue involves the newly-established administrative license, relevant parties in the State Council are demonstrating it according to the regulations.

????The original revised draft stipulates that infant formula milk powder shall not be produced by entrustment, OEM or sub-packaging. Some deputies to the National People’s Congress, the Ministry of Commerce, the Ministry of Industry and Information Technology, the public and some foreign countries have suggested in the Chinese Chamber of Commerce that entrustment and OEM are internationally accepted modes of production, which are prohibited by law and do not conform to the laws of the market economy. In particular, it is not feasible to prohibit the import of infant formula milk powder produced by entrustment and OEM abroad into China, and it is easy for manufacturers to evade it through joint ventures and cooperative production. It is suggested that this should not be stipulated.

????After research, the Law Committee of the National People’s Congress suggested adopting this opinion, deleting the stipulation that infant formula milk powder should not be produced by entrustment or OEM, and retaining the stipulation that infant formula milk powder should not be produced by sub-packaging.