市场监管总局出台新规：规范食品委托生产行为

Core Viewpoint - The newly established "Food Commissioned Production Supervision Management Measures" by the State Administration for Market Regulation aims to strengthen the responsibilities of both parties involved in food commissioned production and to standardize practices to mitigate food safety risks [1][2]. Group 1: Definition and Scope - The definition of commissioned production is clarified, indicating that it involves the entrusted party conducting all or part of the food production activities as per the requirements of the entrusting party [1]. - Various methods of commissioned production, including trademark licensing, franchising, material processing, and private label production, are included under regulatory oversight [1]. Group 2: Qualification Requirements - The entrusting party must possess a food production and operation license or have registered for the sale of pre-packaged food, and must have the capability to supervise the entrusted party's production activities [1]. - The entrusted party is required to legally obtain the relevant food production license and must have the necessary production capacity and food safety assurance capabilities [1]. Group 3: Responsibilities and Obligations - Detailed responsibilities for both parties regarding qualification verification, raw material inspection, labeling, food safety self-inspection, sample retention, and recall procedures are specified [1][2]. - The entrusting party is mandated to establish a food safety management system and appoint personnel for food safety management, while the entrusted party is responsible for production activities and must accept supervision from the entrusting party [1]. Group 4: Contractual and Reporting Requirements - The regulations stipulate that commissioned production contracts must include food safety-related content and prohibit any contractual arrangements that would reduce or exempt the parties from their legal food safety responsibilities [2]. - Both parties are required to report to the local market regulation department within ten working days after the contract is signed, and any changes or termination of the contract must also be reported within the same timeframe [2]. Group 5: Regulatory Oversight and Enforcement - Local market regulation departments are tasked with incorporating commissioned production activities into routine supervision and conducting inspections and product sampling [2]. - Increased enforcement measures are established for non-compliance with qualification requirements, failure to report commissioned production, providing false information, and producing non-compliant products, with severe penalties for malicious intent [2].