By Chen Bing and Yang Yue King & Wood Mallesons’ Corporate & Securities Group
On 14 July 2016, the China Food and Drug Administration (“FDA”) issued the Measures for the Investigation and Punishment of Unlawful Acts concerning Online Food Safety (“Measures”) to be implemented on 1 Oct, 2016.
The Measures are another set of implementing regulations introduced by FDA as a result of the promulgation of the new Food Safety Law. The Measures have come two years after two drafts were released for public comment. One draft was the Measures for the Supervision and Administration of Internet Food and Drug Operation (draft for comments) released in 2014, and the other was the Measures for the Supervision and Administration of Online Food Operation (draft for comments) released in 2015. After considering these two drafts and comments and the Implementing Measures for Food Safety Law (draft for comments) released in December 2015, the Measures have finally been issued. They impose specific obligations on food manufacturers and operators relating to the online food trade, and set out detailed procedures for investigations and liability for unlawful activities.
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