Draft Amendment to the Food Safety Law Opens for Public Comment, Covering AI Regulation, Campus Food Safety, and More

The reporter learned today that the State Administration for Market Regulation has drafted the Food Safety Law of the People's Republic of China and is publicly soliciting opinions from society. The main contents of the revision include five aspects: First, strengthening smart regulation. Promote the application of "Internet + artificial intelligence" regulation, clearly require food production and operation enterprises to install monitoring equipment at key risk links in food production and operation, and connect real-time monitoring video information to the information systems of market supervision and management departments of local people's governments at or above the county level; grant regulatory departments the authority to conduct off-site inspections such as IoT monitoring and video patrols. Second, consolidating primary responsibility. Stipulate that food production and operation enterprises and operators of online food trading platforms shall, in accordance with regulations, be equipped with food safety directors and food safety officers, clarify job responsibilities, and strengthen training and assessment; require food production enterprises to establish a food production process control record system; establish systems for postal and express delivery enterprises for real-name acceptance and mailing, acceptance and inspection upon receipt, and machine security screening; standardize entrusted production behavior and clarify the qualification conditions of the entrusting party and the entrusted party. Third, strengthening regulation in key areas. Add a special section on "School Food Safety," establish a principal responsibility system, and establish a system for accompanying meals for centralized dining in primary and secondary schools and kindergartens; add a special section on "Online Food Business," implement tiered filing management, and clarify the primary responsibilities of all parties such as platforms, livestream room operators, and livestream marketing personnel; clarify that cross-border e-commerce enterprises bear the primary responsibility for the safety of cross-border e-commerce imported food, food additives, and food-related products. Fourth, optimizing the food safety management system. Expand the scope of food safety risk monitoring to food additives and food-related products; include complementary foods for infants and young children in special food regulation and implement filing management; standardize food labels and commercial publicity, and strictly prohibit false or misleading information; strictly manage food inspection and standardize entrusted inspection behavior. Fifth, improving the legal liability system. Set differentiated penalty ranges according to the type of violation; strictly implement "punishment of individuals," and impose penalties on responsible personnel for intentional violations, egregious nature, and violations that cause serious consequences; complete penalty provisions corresponding to newly added obligations and increase the cost of violations; implement a food safety credit management system and implement cross-departmental disciplinary action for dishonesty.