Life after melamine

China's new food safety law has been widely welcomed by industry but it may fall short of expectations, say experts.

The law, which replaced the former Food Hygiene Law, came into force in June after five years of debate and a series of scandals. Coming just months after melamine-contaminated milk powder killed six infants, the overhaul of China's food safety system is "a good step forward", claims Dr Christopher Hickey, the US Food and Drug Administration's director in China.

In particular, industry has applauded the attempts to streamline both regulatory responsibilities for food safety and the China's many conflicting standards. Yet, like any law, much of the detail is still to be worked out and successful implementation will be challenging. "There's still a lot of uncertainty," says Marnix Van den Broek, general manager of Pacific Dairy Ingredients (PDI), a Shanghai-based importer.

China's poor food safety record has often been blamed on gaps in oversight between ministries and government bodies. To some extent, the new law reduces this problem. The Ministry of Health (MoH) now has a leading role in coordinating enforcement by other departments while a new Food Safety Commission, with ministry-level powers, will take charge during a food safety crisis.

Yet experts are sceptical about how effective the new system will be. Most MoH officials have a medical background and lack experience of handling complex food safety issues, warns consultancy APCO. Dr Roger Skinner, a British consultant who wrote a report on Chinese food safety for the World Health Organisation, also suspects the ministry lacks the capacity for this role. "They don't have that many people. They might need some help."

The Food Safety Commission, a potential predecessor to a fully fledged food safety authority, may also have difficulties influencing enforcement at a local level, warns APCO.

Similarly, China's new risk monitoring and assessment system may be over-ambitious. Rather than following international best practice and focusing on high-risk products, China is aiming to prevent problems by carrying out rigorous checks and testing on all foods.

Dr Skinner believes this will be a huge burden on Chinese regulators, given the size and fragmented nature of the country's food industry. Instead, it should be working more closely with companies to help them understand basic food safety measures.

HACCP encouraged ​

"Article 33 'encourages' large businesses to follow HACCP [hazard analysis critical control points] ," says Skinner. "However, small businesses should also be trained on how to promote food safety. There needs to be a shift from a punitive system of enforcement to advice and help. It's unreasonable to expect a food business to know instinctively how it can meet the requirements of the law."

China's new approach to food safety may also cause headaches for foreign firms doing business in China. PDI was required to produce documents proving that its milk products were safe. "For things like milk, we may have evidence that the production process is safe, but no tests have been done to say that milk is safe to consume," explains Van den Broek.

Exporters of finished products face new requirements too, says Hiu Fan Tsang, national marketing manager at Sinodis, which distributes Weetabix and other brands in China. "Foods must carry a Chinese label or sticker upon arrival into ports. Before, this could be done after the product had docked."

Tsang says China had become stricter on imports anyway since the melamine scandal. Dairy products take an extra two weeks to clear customs. The Entry-Exit Inspection and Quarantine Bureau has upped checks on ingredients, documentation and artwork. But Sinodis now requires customers to provide accurate data about shelf-life and give advance warning on how the product is to be packed.

International food companies will also need to study a new set of national standards to be drawn up by the MoH under the new law. In the future, these will make life easier, believes Zhai Wenjing, in charge of food safety at enzyme supplier Novozymes. "China is huge and there are many standards issued by different authorities. That creates conflict. With national standards it will be much easier to get a clearer picture on what is relevant to your business."

However, revising and developing standards could take years. Chinese standards could also differ from international standards, causing extra work for companies operating in different markets and raising costs.

For buyers of Chinese food and ingredients, business will likely continue as normal, despite the new law's attempts to raise the level of food safety. "If I were a food company I would ensure that what I was buying was the quality I wanted, rather than relying on government testing," says Skinner. FM