Health

Consolidate the responsibility of entrusted food production safety

2026-01-09   

Recently, the State Administration for Market Regulation formulated and issued the "Measures for the Supervision and Administration of Food Commissioned Production", which will come into effect on December 1, 2026. This means that common production modes such as trademark licensing and OEM processing will be fully incorporated into unified supervision, further consolidating the responsibilities of all parties involved in food entrusted production, regulating industry order, and building a solid food safety defense line. Commissioned food production, in layman's terms, means' I produce the brand, you produce it '. The brand owner (commissioning party) hands over the product manufacturing process to qualified food producers (commissioning party), and the final product still faces consumers under the commissioning party's brand. This model was originally a rational choice for enterprises to light asset operation and specialized division of labor, which helps brands expand markets flexibly and manufacturers release production capacity. However, in reality, some brand owners only focus on "OEM" and become "hands off managers" far away from the production line; Some processing companies may lower their quality standards in order to reduce costs and secure orders. The vague responsibility chain and lack of supervision have quietly bred food safety risks under the guise of "delegation". This new regulation clarifies the responsibilities and obligations of both parties in key aspects such as qualification inspection, contract signing, raw material control, labeling management, and inspection and sample retention, and establishes a strict responsibility network of "the entrusting party is responsible, the entrusted party is responsible, and the regulatory party is responsible". Raise the admission threshold and achieve dual review of abilities and qualifications. The new regulations not only require the entrusted party to hold a certificate for production and strictly prohibit accepting orders beyond the scope, but more importantly, clarify that the entrusting party must have corresponding food safety management capabilities and obtain a production and operation license or file for record. At the same time, the entrusted party must strictly undertake the commission within the permitted category and production capacity range, and eliminate "incompetent commission" and "excessive production" from the source. Clarify the 'responsibility field' and build a collaborative governance pattern of mutual checks and balances. The new regulations emphasize that the commissioning party shall bear the "first responsibility" for the food safety of the entrusted production, and must establish systems, allocate personnel, and implement substantive supervision; The entrusted party shall be directly responsible for the production behavior, strictly implement the purchase inspection, and have the right to refuse illegal and irregular commission requests. The regulations also explicitly prohibit the avoidance or reduction of statutory liability through contract terms and other means, which blocks the space for liability to be "thrown away" from the system. Weave a dense "regulatory network" to ensure full controllability through transparent mechanisms and severe punishment. The new regulations establish a system for reporting commissioned production, requiring that after the establishment, change, or termination of the commissioned relationship, it must be filed with the regulatory authorities within a specified period of time, achieving a "transparent operation" throughout the entire process. At the same time, it is strictly required that product labels clearly indicate the information of both parties, establish targeted penalties, and introduce a reverse investigation mechanism to severely punish subjective malicious behavior, so that "OEM" is no longer equivalent to liability exemption. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Economic Daily

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