Law

New regulations on the main responsibility of food safety for live streaming e-commerce operators have been released, prohibiting the sale of 13 types of food in live streaming rooms

2026-01-23   

In recent years, food has become one of the main products for e-commerce live streaming sales, expanding new channels for consumers to purchase food. However, at the same time, in live streaming rooms of all sizes, there are rampant phenomena such as false advertising, counterfeiting, selling expired food, and inducing off market transactions. Some consumers refer to them as "hosts who dare to boast about anything with just one mouth". The above phenomena have exposed problems such as the lack of network platform access review and inadequate management methods, which have attracted high attention from regulatory authorities. Recently, the State Administration for Market Regulation issued the "Regulations on the Supervision and Management of the Implementation of Main Responsibility for Food Safety by Live E-commerce Operators" (hereinafter referred to as the "Regulations"). The Regulation will come into effect on March 20, 2026, to effectively regulate the entire chain of food live streaming in response to prominent issues in the field. Proposing a series of innovative measures on the platform as an important carrier for live streaming e-commerce activities is a key link in food safety risk prevention and control. As the scale of live streaming e-commerce food sales continues to expand, the management responsibility of the platform becomes increasingly important. However, in many consumer rights disputes, the main tactics used by platforms to evade responsibility are the rhetoric of "hosts talking nonsense, platforms helpless" and "human to human tracking cannot be achieved, and machines cannot control it". The Regulation proposes a series of innovative measures to address prominent issues such as inadequate implementation of platform responsibilities and superficial risk control. Specifically, it includes establishing a full chain audit mechanism. The Regulations stipulate that platforms need to verify and register the qualifications, food business licenses, or filing information of live broadcast room operators, establish archives, and update them every six months; For marketers who are conducting food live streaming for the first time, their identity information must be verified and food safety training must be organized. The phenomenon of "unqualified live streaming" and "no training on duty" must be eliminated. Innovative risk management system. The Regulation requires that platforms must develop a food safety risk control list based on the category of food, transaction scale, and risk situation, and prioritize the qualifications of live broadcast room operators, investigation of prohibited food sales, and live broadcast behavior norms as key control contents; Establish a working mechanism of "intelligent monitoring, investigation and scheduling, and rapid disposal", actively identify risks through technical monitoring, real-time inspections, and other methods, and push risk alerts in real time. Strengthen the handling of illegal activities. The Regulations require that platforms must immediately stop and report food safety violations to regulatory authorities, and take measures such as warnings, traffic restrictions, live streaming suspensions, account closures, and blacklisting based on the severity of the violations; After receiving a notification from the regulatory authorities, the platform must promptly implement corresponding control requirements and resolutely eliminate the practice of "punishment based management" and "laissez faire". Sun Huichuan, Director of Food Safety at the State Administration for Market Regulation, stated that the Regulation sends a clear regulatory signal to society: whether it is the goods in the live broadcast room or the people in the live broadcast room, the platform must be regulated; What to manage and how to manage it specifically, the platform must follow the requirements of "prescribed actions" and do it properly without any discounts. Otherwise, once a problem arises, the platform will be held responsible to the end. Only in this way can we ensure that the platform's responsibility shifts from "passive response" to "active prevention and control", and effectively build the first line of defense for food safety in live streaming rooms. The reporter found that the refinement of prohibitive provisions in the "Regulations" mainly focuses on the three most prominent pain points in regulatory practice and the strongest consumer feedback: firstly, the influx of counterfeit and expired food into live streaming rooms; The second is false advertising and exaggeration of efficacy, such as impersonating ordinary food as health food and implying disease treatment functions; The third issue is confusion of food categories, inaccurate information, and misleading consumer judgments. In response to these pain points, the "Regulations" have clarified two core prohibition requirements: explicitly prohibiting the sale of food in 13 types of live streaming rooms, effectively ensuring the health and safety of the public. Including food produced from non food raw materials and containing toxic and harmful substances; Pathogenic microorganisms and foods with excessive heavy metals; Expired, spoiled, moldy and insect infested food; Livestock, poultry, aquatic products, meat and their products that have died from illness, poisoning or failed quarantine inspection; Untamed pre packaged food; Food products that are explicitly prohibited from production and operation by the state. These regulations directly address the bottom line issue of food safety that consumers are most concerned about, and set a "red line" for food in live streaming rooms. Refine 10 prohibitions on live streaming behavior, with a focus on addressing issues such as false advertising and misleading consumption. Including the prohibition of using technological means to alter the true sensory characteristics of food; Do not imply that food has disease prevention or treatment functions or use medical terminology; It is not allowed to claim the health function of non health food; Do not confuse ordinary food, special food, and drugs; False advertising of food origin, ingredients, functions, and target audience is prohibited; It is not allowed to release food inspection information issued by food inspection institutions that have not obtained qualification certification in accordance with the law; Do not publish food inspection data, results, reports, etc. in the form of food safety information; It is not allowed to jointly recommend food to consumers through advertising or other forms with food inspection agencies... These regulations aim to clarify the "bottom line" for food live streaming behavior, such as "filter selling", "exaggerated promotion", and confusion between special food and ordinary food in live streaming rooms. Mu Lan, Deputy Director of the Food Safety Coordination Department of the State Administration for Market Regulation, said, "These prohibitive regulations not only refine the principles and requirements of the Food Safety Law, but also clarify specific requirements for the dissemination characteristics of live streaming e-commerce. By setting a 'red line' and clarifying the 'bottom line', food live streaming behavior can be more standardized, and consumers' right to know and choose can be better protected by balancing support for innovation and risk prevention“ Dianbo "and" Dabo "are the image expressions of two different live streaming modes in the live streaming e-commerce industry. These two modes have obvious differences in business entities, resource allocation, and business forms. Therefore, the" Regulations "adhere to the principles of classified management and precise implementation, stipulate differentiated obligations for the two modes, and clarify the basic behavioral bottom line that both modes need to comply with, striving to achieve an effective balance between supporting industry innovation and preventing food safety risks. The differentiated obligations of "store broadcasting" and "delivery broadcasting" in the "Regulations" are mainly reflected in three aspects: management system, information disclosure, and inspection obligations. For example, "shop broadcasting" refers to the situation where food producers and operators open live streaming rooms to engage in food live streaming e-commerce. The operators of the live streaming rooms need to establish and implement food safety management systems in accordance with the law, and equip food safety management personnel that are suitable for the scale of food transactions and food safety risks in live streaming operations. Dabo "belongs to the situation where non food producers and operators open live streaming rooms to engage in food live streaming e-commerce. Live streaming room operators should refer to the establishment and implementation of food safety management systems and equip corresponding food safety management personnel. The "Regulations" set three bottom lines of conduct that all live streaming operators must abide by: "Store Broadcast" and "Dabo" should establish and improve pre compliance review mechanisms, and conduct compliance reviews on live streaming marketers, live streaming food products, and live streaming content before each food live streaming e-commerce activity. Both "Dianbo" and "Dabo" are not allowed to operate food prohibited by laws and regulations through live streaming rooms, and should establish a food sampling inspection management system. According to the needs of ensuring food safety, combined with the actual situation of food categories, food safety risk status, consumer complaints and reports, they should conduct sampling inspections on the food operated by live streaming to identify food safety risks and hidden dangers. Both "Dianbo" and "Dabo" shall not confuse ordinary food, special food, and drugs with each other, shall not make false or misleading commercial propaganda about the origin, ingredients, functions, and applicable population of food, and shall not publish food inspection information issued by food inspection institutions that have not obtained qualification certification in accordance with the law. Wang Dan, Deputy Director of the Regulations Department of the State Administration for Market Regulation, introduced that "the above system design aims to adapt to the actual development of the industry, avoid a 'one size fits all' approach, and ensure that food safety responsibilities are not lacking by setting a unified bottom line of behavior. In practice, regardless of the mode of operation of the live broadcast room, food safety must be given top priority and food safety risks and hidden dangers must be effectively prevented

Edit:Yiyi Responsible editor:Jiajia

Source:legaldaily

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