China - Labeling/Marking Requirements

PRC import inspection authorities point to labeling as one of the major reasons for noncompliance reports.  Labeling and marking requirements are created by different industry authorities. All products sold in the PRC must be marked in the Chinese language.

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Chinese regulators require imported and exported (but not domestic) food items such as candy, wine, nuts, canned food, and cheese to have labels verified and products tested for quality before a good can be imported or exported.

Many products imported to China must receive a China Compulsory Certification (CCC) marking before sale. Products requiring the CCC mark, in addition to undergoing an application and testing process, must have the mark physically applied on products before entering or being sold in China. Many electronic products require the CCC mark.  For more information on the CCC mark, please see the below &#;Standards for Trade&#; section.

According to the Food Labeling Standards of China (GB-), imported foods shall have clear markings that indicate the country of origin, in addition to the name and address of the general distributor registered in the country, among other information. Please note that these labeling standards vary depending on the type of imported food, and are communicated in The General Administration of Customs of the People&#;s Republic of China (GACC) Decree 249 which entered into force on January 1, ; the decree is summarized in a U.S. Foreign Agricultural Service&#;s FAIRS report.

Pursuant to the PRC&#;s Food Safety Law, pre-packaged food must be labeled and must include the following information:

• Name, specification, net content, and date of production
• Table of ingredients or formulation
• Producer name, address and contact information
• Shelf life
• Code of product standard(s)
• Storage requirements
• Generic name of the food additives as used in the national standard
• Production License Number
• Other information that must be indicated in accordance with applicable laws, regulations, and food safety standards.

The labels of staple and supplementary foods for infant consumption and other specific populations must also list main nutritional ingredients and their contents. A series of national food safety standards were developed to provide specific guidance in product labelling:

Date of issuance

Effective Date

Standard Number

Standard-in Chinese

Standard-in English

4/20/

4/20/

GB-

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Standard for the Labelling of Prepackaged Foods

10/12/

1/1/

GB-

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Standard for the Labelling of Prepackaged Foods

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11/29/

6/1/

GB-

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General Standard for the Labeling of Food Additives

12/26/

5/1/

GB-

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The Labelling of Pre-packaged Foods for Special Dietary Uses

 

In addition, in December , the China Food and Drug Administration (whose responsibilities have now been incorporated into the State Administration for Market Regulation) began requiring infant formula powder producers to review their infant formula labels and ensure that labels are in compliance with the relevant laws, regulations, rules, and standards. More specific information is provided in the Infant Formula section of the FAS FAIRS Country Report.

Labeling of agriculture biotech products is governed by the Administrative Measures for Agricultural GMO, which is discussed in Section VII of FAS FAIRS Country Report.

These days, the label &#;Made in China&#; is everywhere.  This is actually a Customs requirement: all imported products must be marked with their country of origin.  Countries of origin are where products were manufactured, produced, or grown.

The country of origin is necessary for many reasons, one of which is to make obvious whether a good can be legally imported and ensuring that products clear customs as efficiently as possible.  In addition, it provides the US with statistics on imported goods, which is useful for future analysis on the country's economic market. Customs regulations state that every foreign product entering the US must be labeled, in English, with the country of origin.  This marking must be:

1. Clearly and visibly located on the product, and
2. Written legibly and permanently.

Exceptions to labeling:

Some products are exempt from country of origin labeling.  These include products that:

• Are not intended for resale
• Are incapable of being marked (e.g. if the product is very small)
• Were produced more than 20 years prior to importation
• Are crude substances
• Would be ruined if directly marked upon (ex. fruit)

If the product is exempt from labeling, its packaging must be marked with the country of origin.  For example, the crates or boxes containing fruit must indicate their origin.

Penalties:

If your products enter the US unmarked and Customs denies you of the right to mark them prior to resale, you may face the possibility of the following penalties:

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• Special Marking duties: can be up to 10% of the products&#; total value
• Delays: if goods aren&#;t marked properly, Customs will not release the shipment.  They will ask for the goods to either be marked or re-exported out of the country
• False certification penalties: can reach up to the total value of the merchandise
• Civil penalties: if goods&#; markings are changed falsely or obscured, penalties can reach as much as $50,000 per occurrence
• Criminal penalties: incurred if the country of origin is intentionally misrepresented to circumvent a quota or other restriction