China’s Efforts to Address Ongoing Food Safety Concerns

China’s Efforts to Address Ongoing Food Safety Concerns

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September 9, 2016
China’s Efforts to Address Ongoing Food Safety Concerns
China’s role in global agricultural trade has grown
and pet treats. Other safety scandals have involved a range
significantly, with China now a major supplier of fish and
of pharmaceutical drugs, body products, and other
seafood, fruits and vegetables, juices, and processed foods.
consumer goods. Foods have been found to be tainted with
Agricultural trade between China and the United States has
chemical compounds, unlawful drug residues, additives and
grown sharply since the 1990s (Figure 1). In 2015, U.S.
dyes, pathogens, and other pests. Some foods enter the
imports from China were valued at $6.4 billion, accounting
market well past their expiration dates or are unsanitary.
for about 5% of the value of all U.S. food imports. Many in
The U.S. Department of Agriculture (USDA) reports that
the U.S. Congress, however, are concerned about the safety
the most frequently reported safety violations in Chinese
of food produced in China. They cite numerous past
foods involve pesticide and pathogen contamination.
incidents of unsafe or tainted food, the perception of poor
hygiene practices in production and manufacturing, alleged
The Food and Drug Administration (FDA) maintains
lack of adequate regulatory oversight from the Chinese
“import alerts” regarding a range of products from China—
government, and persistent evidence of economically
mostly fish and seafood products but also certain produce—
incentivized food fraud with public health implications.
under which products can be subject to detention without
physical examination upon arrival in the United States.
Figure 1. U.S. Food Imports from China
USDA has also blocked some meat and fish shipments from
China. FDA now maintains an office in China to address
the safety, quality, and effectiveness of food and medical
products produced in China for export to the United States.
Congress has held a number of hearings on public health
and safety concerns related to food and food ingredients
from China. A subcommittee of the House Foreign Affairs
Committee conducted a 2013 hearing on the “threat of
China’s unsafe consumables,” largely focused on food
safety. The Congressional-Executive Commission on China
conducted a 2014 hearing on pet treats and processed
chicken from China and a 2013 hearing on China’s food
and drug safety concerns. In 2008, the U.S.-China
Economic and Security Review Commission examined
safety and trade issues associated with Chinese seafood.
Source: CRS from U.S. International Trade Commission trade data
(Harmonized Trade Schedule codes in chapters 1 through 22).
China’s Food Safety Regime
No single agency is responsible for China’s food safety
One of China’s more high-profile food safety incidents, in
regulations and enforcement. China’s principal food safety
2008, involved companies that knowingly added the
authorities include the following:
chemical melamine—used to make plastic—to a number of

their food products including infant formula. Reportedly,
China Food and Drug Administration (CFDA):
melamine-tainted milk products and related ingredients
oversees food production and distribution—including
were exported worldwide. Substitution of melamine for
food additives and health food—and the administrative
wheat gluten and rice protein as an ingredient in pet food
licensing of foods (http://eng.sfda.gov.cn/);
was also implicated in a recall of pet food in the United
 General Administration of Quality Supervision,
States that sickened and killed cats and dogs in 2007.
Inspection and Quarantine (AQSIQ): oversees food
Members of Congress voiced alarm at this situation at the
imports and exports, including entry/exit inspections,
time, which contributed to the backdrop leading up to the
certifications and standardizations, quality management,
enactment of comprehensive food safety legislation in 2010
and health quarantines (http://english.aqsiq.gov.cn/); and
with the FDA Food Safety Modernization Act (P.L. 111-

353). This legislation tightened U.S. safety regulations of
National Health and Family Planning Commission
both domestically-produced and imported foods.
(NHFPC): conducts food safety risk monitoring and
assessment, develops national food safety standards, and
Food and food ingredients from China continue to be a
reviews the safety of food, food additives, and new
concern. Media reports repeatedly highlight a series of food
materials and related products (http://en.nhfpc.gov.cn/).
safety scandals involving contaminated and counterfeit
Other agencies also play a role, including China’s Ministry
meat and fish products, adulterated fruit and vegetable
of Agriculture, as well as provincial government agencies.
products including juices, illicit cooking oils, and a range of
tainted processed foods, spices and herbs, distilled spirits,
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China’s Efforts to Address Ongoing Food Safety Concerns
The Chinese government has taken steps to improve its
agencies at several levels of government. Concerns also
food safety. Reports that China was addressing its food
remain about whether China lacks the necessary
safety laws date back to 2006 when the government
institutional framework, and whether it has adequate staff
announced its intention to standardize the production,
and resources to fully implement and enforce its law and
processing, sales, and supervision of its food products. In
regulate its own products. Others worry that most Chinese
2009, China passed a major food safety law to regulate food
food facilities might not have sufficient training or
production and business operations and to prevent
equipment to ensure that adequate safety standards are met.
foodborne incidents and enhance controls. The 2009 law
Lack of transparency and independent oversight and
mandated the creation of a Food Safety Committee
certification capabilities are also concerns.
answering to China’s cabinet, the State Council. The
Some Members of Congress continue to highlight safety
commission was established in 2010 and serves as a high-
concerns regarding certain foods that appear to show
level coordinating body on food safety in China. Among its
evidence of poor hygiene and mishandling throughout the
other provisions, the 2009 law also called for the creation of
supply chain. Laboratory tests showing E. coli and
a national surveillance system and a food recall system,
Salmonella contamination, such as with processed chicken
along with mandatory food safety standards.
and seafood from China, further amplify these concerns. As
a result, Congress has included provisions in recently
Despite the 2009 law, food safety incidents continued to
enacted appropriations bills that explicitly prohibit the use
persist in China. In 2014, a former high-ranking food safety
of USDA funds to purchase imported processed poultry
official reportedly told Chinese lawmakers that the newly
products from China for use in the U.S. school lunch
established regulatory system was ineffective and that
program and other feeding programs. For these reasons, it
penalties were too light to deter offenders—sentiments
seems likely that continued monitoring of food safety in
shared by other Chinese leaders. As a result, a plan was
China could remain an issue for Congress.
launched to further amend China’s food safety laws and
related regulations. China’s National People’s Congress
China’s 2015 Food Safety Law
Standing Committee passed revisions to its food safety law
 Chapter 1, General Provisions: establishes jurisdiction
in April 2015, which went into effect in October that year.
over food business activities carried out in China.
(See text box for a summary).
 Chapter 2, Risk Monitoring and Assessment:
establishes a risk monitoring system for food safety, to track
The 2015 law expanded upon the 2009 law, added new
foodborne diseases, contamination, and harmful factors.
provisions concerning penalties for food safety violations,

and imposed stricter requirements for some products, such
Chapter 3, Food Safety Standards: establishes that food
safety standards be developed and published based on risk
as infant formula. The 2015 revisions further centralized the
government’s food safety oversight (improving on the
assessments and international standards.
mostly fragmented former system), emphasized the need for
 Chapter 4, Food Production and Distribution:
supervision and control of each of the production steps in
establishes requirements for food producers and distributors,
the supply chain, and required additional recordkeeping.
including process management and requirements for labeling,
The law further prohibits the government’s food safety
product description, and advertisement,
agencies from granting exemptions from inspections that
 Chapter 5, Food Inspection: requires inspection by an
had been allowed under the former system. The law also
accredited food testing agency in accordance with relevant
established stricter rules for risk surveillance and
national requirements on certification and accreditation.
assessment, as well as guidelines for food safety standards
 Chapter 6, Food Import and Export: requires safety
and inspection and the handling of foodborne incidents.
supervision and administration of imported and exported
Under the law, food producers who do not meet food safety
foods and food additives, including exit-entry inspection
standards are required to stop production. They must also
requirements and inspection certificates required by AQSIQ.
recall all of the food already in the market; notify related
 Chapter 7, Settlement of Food Safety Incidents:
producers, business operators, and consumers; and keep
requires producers/distributors to develop response plans
records of the recall and notification information.
for food safety incidents; national emergency plans are
organized by the State Council working with local
The revised 2015 law further outlined a system of fines and
governments.
penalties and also civil compensation, giving consumers the

right to claim a refund and to seek damages if a product
Chapter 8, Supervision and Administration: establishes
priorities, methods, and frequency of regulatory work.
fails to meet safety standards. Among its other provisions,
the law introduced rules regarding biotechnology products,
 Chapter 9, Legal Liabilities: establishes a framework for
prohibited certain health claims on labels, and required the
addressing food safety violations, including penalties.
registration of certain foods for special medical purposes.
 Chapter 10, Supplementary Provisions (definitions)
Considerations for Congress
Source: U.S. Department of Agriculture, “China’s Food Safety
Law (2015),” GAIN Report CH15016, May 18, 2015.
Concerns remain about China’s commitment to fully
implement and enforce the law’s provisions. In part, this is

due to the nature of China’s food production, processing,
Renée Johnson, Specialist in Agricultural Policy
and distribution system whereby regulatory responsibility is
IF10465
fragmented across several different departments and

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China’s Efforts to Address Ongoing Food Safety Concerns

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