New Regulations on Online Food Safety Will Take Effect on October 1st

The State Food and Drug Administration (SFDA) recently held a press conference to release the "Measures for the Investigation and Handling of Illegal Acts Related to Online Food Safety" (hereinafter referred to as the "Measures"). It is understood that the "Measures" include general provisions, online food safety obligations, management of the investigation and handling of illegal acts related to online food safety, legal liabilities, and supplementary provisions, totaling 5 chapters and 48 articles, and will come into effect on October 1, 2016.

Chen Xu, Deputy Director of the Legal Affairs Department of the SFDA, stated that China has achieved two "firsts" in the supervision of online food transactions: first, it is the first country in the world to clearly define the obligations and corresponding legal responsibilities of third-party platforms for online food transactions in its food safety law; second, it is the first country to specifically formulate the "Measures for the Investigation and Handling of Illegal Acts Related to Online Food Safety."

In recent years, with the nationwide promotion of "Internet+", e-commerce has developed rapidly. In 2015, the online retail transaction volume reached 3.88 trillion yuan. Online food transactions have characteristics different from physical food transactions, such as accurate information, fast transactions, and cross-regional transactions. However, online food safety, as a new phenomenon, has also become a regulatory challenge worldwide.

It is understood that, to emphasize the authenticity and impartiality of the sampling inspections, the State Food and Drug Administration will adopt a "mystery shopper" system for online food sampling inspections in the new regulations. This will more accurately reflect the safety status of the food purchased by consumers, thereby better protecting consumer rights.

"In the internet age, to address the virtual nature of online shopping and the relative information asymmetry, the 'mystery shopper' system is a very useful regulatory measure," said Chen Xu.

So, how will the "mystery shopper" system regulate online food? Chen Xu stated that, firstly, it emphasizes authenticity. The regulations propose a "mystery shopper" system, where sampling personnel purchase samples of online food posing as customers, recording the name, category, and quantity of the samples, the purchasing personnel, the payment account, registered account, delivery address, and contact information, and retaining relevant receipts.

Secondly, it ensures impartiality. The sampling inspection system in the "Measures" has a crucial timeframe: after the purchased samples arrive at the buyer's location, they must be inspected and sealed. A certain degree of "mystery" must be maintained before this point, ensuring that the seller is unaware that the samples are being delivered to the regulatory authorities. This secrecy surrounding the purchase helps guarantee authenticity and impartiality for the buyer and related personnel.

Third, it has a hierarchical structure. The "Measures" stipulate that food and drug regulatory departments at the county level and above can conduct sampling inspections through online sample purchases. This means that both the State Food and Drug Administration and local bureaus can conduct sampling inspections of online food products as needed for regulatory purposes.

Fourth, it ensures accountability. The "Measures" first stipulate that online food producers and operators are responsible for the inspection results. When the inspection results indicate that the food is substandard, the online food producers and operators must take measures such as ceasing production and operation and sealing off the substandard food to control food safety risks.

Furthermore, with the development of the internet, new catering services such as "home kitchens" or "private kitchens" have emerged rapidly. However, Teng Jiacai, Deputy Director of the State Food and Drug Administration (SFDA), recently stated that there is no legal definition for "home kitchens," and he personally does not support, and even opposes, them.

At the press conference, Cui Enxue, Deputy Director of the Second Department of Food Supervision of the SFDA, also stated that "home kitchen" is a term; there is no such concept in law. The legal concept is food production and operation. If the service target of "home kitchens" is the general public, it has actually become a food business activity. Since it is a food business activity, it should be brought under the legal framework, and food operators should obtain the relevant licenses according to law. If no license is obtained, it should be considered illegal.

Cui Enxue also revealed that the SFDA will also issue management measures for online food ordering, setting specific requirements for delivery personnel, etc.