The Measures for the Supervision and Administration of Commissioned Food Production have been released
2025-12-29
According to the website of the State Administration for Market Regulation, the State Administration for Market Regulation has issued the "Measures for the Supervision and Administration of Commissioned Food Production", which will come into effect on December 1, 2026. The specific content is as follows: Measures for the Supervision and Administration of Food Commissioned Production (promulgated by the State Administration for Market Regulation on December 12, 2025, Order No. 113, effective from December 1, 2026) Article 1: In order to regulate the entrusted production behavior of food and food additives (hereinafter referred to as food), strengthen the supervision and administration of food commissioned production, and ensure food safety, these measures are formulated in accordance with the Food Safety Law of the People's Republic of China and its implementing regulations and other laws and administrative regulations. Article 2: These Measures shall apply to the entrusted food production activities and their supervision and management within the territory of the People's Republic of China. The entrusted production of food referred to in these measures refers to the act of the entrusted party engaging in all or part of the production activities of food according to the requirements of the entrusting party, and delivering the produced food. According to laws and regulations such as the Trademark Law of the People's Republic of China and the Regulations on the Administration of Commercial Franchising, if food is produced through trademark licensing, franchising, or other methods that meet the conditions specified in the preceding paragraph, these measures shall apply. Article 3: The entrusting party shall obtain a food production and operation license in accordance with the law or file for the sale of pre packaged food only, have the ability to supervise the entrusted party to produce in accordance with laws, regulations, food safety standards, and contractual agreements, and ensure the normal performance of the main responsibility for food safety. According to laws and regulations, food safety standards, and relevant requirements for food production licenses, food that requires complete production processes shall not be entrusted for partial production. Article 4: The entrusted party shall obtain a food production license in accordance with the law. The food category and variety details specified in the copy of the food production license shall include the food category and variety entrusted for production, and have corresponding production capacity and food safety guarantee capability. Article 5: Both parties shall, in accordance with the "Regulations on the Supervision and Management of the Implementation of Food Safety Main Responsibility by Food Production and Operation Enterprises", establish and improve corresponding food safety management systems for food entrusted production activities, equip corresponding food safety management personnel, formulate "Responsibilities of the Director of Food Safety" and "Code of Conduct for Food Safety Officers", etc., and strictly implement the main responsibility for food safety. Article 6: Both parties shall carry out commissioned production activities in accordance with laws and regulations, food safety standards, and contractual agreements. The entrusting party shall supervise the production behavior of the entrusted party and be responsible for the food safety of the entrusted production. The entrusted party shall accept the supervision of the entrusting party and be responsible for the production behavior. Article 7: The entrusting party shall not encourage, force or indirectly force the entrusted party to violate laws, regulations and food safety standards in carrying out food production activities. If the entrusting party falls under the prohibited circumstances stipulated in the preceding paragraph, the entrusted party shall refuse or cease production for it. Article 8: The commissioning party shall inspect the qualification certificates and food safety guarantee capabilities of the entrusted party in accordance with the provisions of Article 4 of these Measures, and record and preserve them. The entrusted party shall inspect the qualification certificate of the entrusting party in accordance with Article 3 of these Measures and keep records. The retention period of records shall not be less than six months after the expiration of the last batch of products commissioned for production; If there is no clear shelf life, the shelf life shall not be less than two years after the production date of the last batch of products commissioned for production. Article 9: Before entrusting both parties to carry out food entrusted production activities, a written entrusted production contract shall be concluded. The entrusted production contract generally includes the following food safety related matters: (1) the qualifications of both parties entrusted; (2) The name, variety, and implementation standards of the food products commissioned for production; (3) The procurement and supply methods of food raw materials, food additives, and packaging materials that come into direct contact with food; (4) The content, method, and frequency of supervision of the entrusted party's production behavior by the commissioning party; (5) The handling methods and responsibilities for food safety accidents and emergencies; (6) Other food safety matters agreed upon by both parties. The contractual provisions shall not violate laws, regulations, food safety standards, and other relevant provisions. Both parties shall not reduce or exempt themselves from their food safety responsibilities in accordance with the law by entering into a commissioned production contract, or by falsely entering into a trademark license contract, franchise contract, or other means. Article 10: Both parties shall report to their respective county-level market supervision and management departments within ten working days after the signing of the entrusted production contract. The content of the commissioned production report should include the names, addresses, responsible persons, contact information, food production and operation licenses or registration numbers for only selling pre packaged food, food categories, execution standards, contract terms, etc. of both parties. If there are changes in the content of the report mentioned in the preceding paragraph, termination of the contract, or revocation or cancellation of the licenses of both parties, they shall report to the county-level market supervision and administration department where they are located within ten working days from the date of the change, termination of the contract, or revocation or cancellation of the licenses. Encourage local market supervision and management departments at or above the county level to adopt information technology to facilitate the submission of commissioned production reports and other materials by both parties. Article 11: The food raw materials, food additives, and packaging materials directly in contact with food provided by the entrusting party and the entrusted party shall comply with food safety standards. Both parties shall be responsible for the food raw materials, food additives, and packaging materials directly in contact with food provided by each party. As the supplier, the entrusted party shall fulfill the obligation of checking and recording the purchase in accordance with the law, and the entrusting party shall not refuse, obstruct, or interfere. If the entrusted party purchases on its own, it shall fulfill its obligation to check and record the purchase in accordance with the law, and the entrusting party shall supervise the entrusted party's procurement behavior and purchase inspection situation. Article 12: The labeling of commissioned food production shall comply with laws, regulations, and food safety standards. Both parties shall review and record the labeling of the food produced under commission. The retention period of records shall not be less than six months after the expiration of the product's shelf life; If there is no clear shelf life, the shelf life shall not be less than two years. Article 13: Pre packaged food produced under commission shall have the name, address, contact information of the commissioning party and the name and address of the entrusted party prominently marked on its label. The name shall be preceded by the words "commissioning party, entrusted party" or "commissioning unit, entrusted unit". Article 14: The entrusting party may supervise the production behavior of the entrusted party by itself or by hiring third-party institutions to conduct on-site inspections and patrols. Encourage the client to implement supervision through information technology. The supervision content generally includes the risk control of the entrusted party's site environment, equipment and facilities, personnel management, raw material control, key production process control, inspection control, transportation and delivery control, label and instruction manual management, and other matters. The entrusting party shall record its supervision of the entrusted party's production behavior, and the relevant records shall be confirmed by both parties and retained separately. Article 15: The commissioning party shall regularly inspect and evaluate the safety status of the commissioned food production. If it is found that the production conditions of the entrusted party have changed and no longer meet the food safety requirements, the entrusting party shall require the entrusted party to take immediate corrective measures; If there is a potential risk of food safety accidents, the entrusted party shall be required to immediately stop the entrusted production activities and report to the county-level market supervision and management department where the entrusted party is located. Article 16: The entrusted party shall inspect the food produced under commission in accordance with relevant national regulations, and keep inspection records and product samples. The principal may request the entrusted party to provide samples and retain them as needed or as stipulated in the contract. The entrusting party shall inspect the factory inspection report provided by the entrusted party, and take samples for inspection according to the needs of ensuring food safety, to ensure that the food produced by the entrusting party complies with laws, regulations, and food safety standards. The retention period for inspection records and product samples shall not be less than six months after the expiration of the product's shelf life; If there is no clear shelf life, the shelf life shall not be less than two years. Article 17: If the commissioning party or the entrusted party discovers that the food produced under commission does not meet food safety standards or there is evidence to prove that it may harm human health, they shall immediately notify the other party to stop production and business activities. The client shall recall the food that has been put on the market for sale in accordance with the law, notify relevant operators and consumers, and record the recall and notification situation. The trustee shall cooperate with the principal to implement the recall. Article 18: Both parties shall accept and cooperate with the market supervision and management department in the supervision and management of food entrusted production. Article 19 The market supervision and administration department shall inspect the entrusted production situation in daily supervision and inspection, record the inspection results, and keep records for future reference. The inspection includes the following key items: (1) Qualification of both parties entrusted; (2) Contract for commissioned production, duration of commission, types of food to be produced, implementation standards, and implementation status of the commissioned production reporting system; (3) Entrust both parties to establish a food safety management system and allocate food safety management personnel; (4) The supervision of the entrusted party's production behavior by the commissioning party; (5) The client conducted a self inspection on food safety; (6) Labeling of commissioned food production; (7) Inspection records and product samples for commissioned food production; (8) According to the Measures for the Supervision, Inspection and Management of Food Production and Operation, other matters that need to be inspected as key points. Article 20 Market supervision and management departments in various regions shall strengthen information sharing and law enforcement cooperation in daily supervision, case investigation and other work, and jointly prevent the safety risks of commissioned food production. If the local market supervision and administration department at or above the county level discovers clues of illegal entrusted production, it shall handle them in accordance with the law. If the production and operation site of the entrusting or entrusted party is not within the jurisdiction, the illegal clues shall be promptly reported to the market supervision and management department at the same level as the place where the entrusting or entrusted party's production and operation site is located. The market supervision and management department that receives the notification shall conduct inspections in accordance with the law, timely control food safety risks, and handle illegal activities of the entrusting or entrusted party in accordance with the law. Article 21: Local market supervision and management departments at or above the county level shall record the results of daily supervision and inspection of both parties, as well as the investigation and punishment of illegal activities, in the food safety credit file. Article 22: If the principal violates the provisions of Article 3, Paragraph 1 of these Measures, the local market supervision and administration department at or above the county level shall order it to make corrections within a specified time limit; Those who fail to make corrections within the prescribed time limit or whose circumstances are serious shall be fined not less than 30000 yuan but not more than 100000 yuan. If the entrusted party violates the provisions of Article 4 of these Measures, the local market supervision and administration department at or above the county level shall impose penalties in accordance with Article 49 and Article 53 (3) of the Measures for the Administration of Food Production Licenses. Article 23: In any of the following circumstances, the local market supervision and administration department at or above the county level shall order correction and impose a fine of up to 50000 yuan: (1) If the commissioning party violates the provisions of Article 3, paragraph 2 of these Measures by commissioning the production of a part of the food that requires complete production processes; (2) The entrusting party entrusts the entrusted party to produce despite knowing that the entrusted party does not have the production capacity and food safety guarantee capability stipulated in Article 4 of these Measures; (3) The entrusting party and the entrusted party violate the provisions of Article 8 of these Measures by failing to lawfully verify the other party's qualification certificates and keep records, or the record retention period does not comply with the regulations; (4) The entrusting party or the entrusted party violates the provisions of Article 9, paragraph 4 of these Measures by reducing or exempting themselves from their food safety responsibilities that they should bear according to law through the conclusion of a commissioned production contract, or by falsely signing a trademark license contract, franchise contract, or other means; (5) The principal violates the provisions of Article 11, Paragraph 2 of these Measures by refusing, obstructing, or interfering with the trustee's compliance
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:China News Service
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com