The so-called strictest “Regulation on Food Safety of Shanghai” was announced on January 20th, 2017 and has been taken into effect on March 20th, 2017. The stricter details regarding food in this Regulation consist of F&B without license, online food business operation, the amount of penalty, etc..

  1. More Strict Control on Market Entry

The Regulation strengthens the source control on food via strict market entry in order to prevent unqualified food from entering into market, with specializing requirements on food production and food business, perfecting the registration system of food safety information, making record for the operators of storing and transporting food or edible agricultural products and establishing uniform information platform for tracing back food information record and supervising food production and operation business through dealing with big data and other scientific technology.

  1. Taking Severe Measures against Unlicensed F&B

Any small scale food operators without food business license or failing to meet the relevant conditions of putting on record will be banned from operating food business. The person or unit who provides business place under the condition that has been fully aware of the food operator’s unlicensed operating business, will be punished in accordance with laws, additionally, the relevant information of the provider shall also be put on record to common credit information platform.

  1. Normalizing Online Food Operating Activity

The Regulation provides that any provider of third party platform or self-built website for food transaction and production shall be put on record. Moreover, it provides explicitly the liabilities of provider of third party platform including the liabilities of sales and after-sales. It also details that online food operators shall show distinctly the business license, food business license, health certificate of employee, etc. on the home page of website or any position can be explicitly noticed on the website.

  1. Increasing the Range of Punishment

The violation to provision regarding banned food production, the violation to provision regarding expiring or closing to the expiration date, the violation to provision regarding food additives or the violation to other relevant provisions will be punished more strictly than before. The food operator, legal representative or executive officer of the license revoked illegally shall not be allowed to apply for food business license or operate food producing business in 5 years since the day of punishment. The person who is sentenced to imprisonment or above due to crime of food safety shall not be allowed to operate food production or hold the post of management regarding food safety in food production enterprise for whole life.

Combined with the above information concluded on basis of the new Regulation, a trend can be explicitly recognized is that China’s government pays increasingly attention on food safety. Especially in Shanghai, where is regarded as an international megacity with various people and immigrations living, the food safety standard may be required to rapidly integrate with the world. Thus, the food producer or operator who conducts business in Shanghai may especially focus on these modifications on regulations regarding food safety in order to avoid violation of law and operate business abiding by China’s laws.