New food source and regulations

Recently, our office has received a number of open government information applications to consult whether specific items can be used as food raw materials. In order to facilitate the public to understand the relevant policies and regulations and increase the transparency of food safety, the issues related to new food raw materials, ordinary foods and health foods are explained as follows:

First, the definition and management of new food raw materials and ordinary food

(1) According to the Provisions of the Food Safety Law and its implementing regulations, the national health administrative department is responsible for the review of the safety assessment materials of new food raw materials. In order to standardize the review of new food raw material safety assessment materials, the National Health and Family Planning Commission revised the "Measures for the Management of New Resource Foods" formulated by the former Ministry of Health in accordance with the Food Sanitation Law to the "Administrative Measures for the Safety Review of New Food Raw Materials" (Order No. 1 of the Director of the National Health and Family Planning Commission in 2013) and officially implemented it on October 1, 2013.

The "Measures for the Administration of Safety Review of New Food Raw Materials" stipulates that new food raw materials refer to the following items that do not have traditional eating habits in China: animals, plants and microorganisms; ingredients separated from animals, plants and microorganisms; food ingredients whose original structure has changed; and other newly developed food raw materials. Articles belonging to one of the above circumstances, if they need to be developed for the production and operation of ordinary food, shall be declared for approval in accordance with the provisions of the Measures for the Administration of the Safety Review of New Food Raw Materials.

For foods with traditional eating habits that comply with the provisions of the Measures for the Administration of the Safety Review of New Food Raw Materials, the production and operation of enterprises may be combined with the measures and implemented in accordance with the provisions of the Food Safety Law.

(2) In 2002, the former Ministry of Health issued the Notice on Further Regulating the Management of Raw Materials for Health Foods (WeiFa Supervision and Development [2002] No. 51), announcing the items in the List of Items That Are Both Food and Drugs, which can be used for the production of ordinary food; in 2010, the strains in the List of Strains That Can Be Used for Food (No. 65 [2010] of the Health Office) were published.

(3) In 1998, the former Ministry of Health issued the "Notice on the Work Arrangement for the Rectification of the National Health Food Market in 1998" ( Health Supervision Fa Fa [1998] No. 9), which incorporated the new resources of food rape pollen, corn pollen, pine pollen, sunflower pollen, purple cloud pollen, buckwheat pollen, sesame pollen, sorghum pollen, konjac, etc Blunt-tipped spirulina, spirulina macrospermum, prickly pear, rose ash, and silkworm pupa are classified as common food management.

(4) The list of new food raw materials (new resource foods) that have been announced and approved, please visit the "Government Affairs Information" column of the website of our committee to check.

Second, the definition and management of raw materials for ordinary food and health food

(1) In 2002, the former Ministry of Health issued the Notice on Further Regulating the Management of Health Food Raw Materials, and (Wei Fa Jian Fa [2002] No. 51) published the List of Articles Available for Health Food and the List of Prohibited Items for Health Food. For the specific management regulations of health food raw materials, please refer to this notice. If the State Food and Drug Administration provides otherwise, its provisions shall prevail.

(2) In 2007 and 2009, the former Ministry of Health issued the "Reply on the Approval of "Astragalus" and Other Articles Not To Be Used as Raw Materials for Ordinary Food" (Wei Supervision Letter [2007] No. 274) and the "Reply on Issues Related to Raw Materials in Ordinary Food" (Wei Supervision Letter [2009] No. 326). It is stipulated that the items listed in the "List of Articles Available for Health Food" published by the former Ministry of Health in 2002 are limited to health food. Except for the items that have been published for use in ordinary food, the items in the List of Articles Available for Health Food shall not be produced or traded as raw materials for ordinary food. If it is necessary to develop the items in the "List of Articles That Can Be Used for Health Food" for ordinary food production, it shall be declared and approved in accordance with the procedures stipulated in the Measures for the Safety Review and Administration of New Food Raw Materials. Those who do not use the items listed in the "List of Articles Available for Health Food" in accordance with the regulations shall be punished in accordance with the relevant provisions of the Food Safety Law and its implementing regulations.

(3) According to the Notice of the General Office of the State Council on Printing and Distributing the Provisions on the Establishment of Institutions and Staffing within the Main Responsibilities of the State Food and Drug Administration (Guo Ban Fa [2013] No. 24), the supervision and management of health foods (including examination and approval) is the responsibility of the State Food and Drug Administration. For questions about the production and operation of health foods, please consult the State Food and Drug Administration.