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 commissioned food production and to mitigate food safety risks [1][2]. Group 1: Definition and Scope - The definition of commissioned food production is clarified, encompassing all or part of the production activities conducted by the entrusted party according to the requirements of the commissioning party [1]. - Various methods of commissioned production, including trademark licensing, franchising, material processing, and private label production, are now subject to regulatory oversight [1]. Group 2: Qualification Requirements - The commissioning party must possess a food production and operation license or register 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 appropriate category of 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]. - The commissioning party is mandated to establish a food safety management system and appoint food safety management personnel to supervise the entrusted 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 reduce or exempt the parties from their legal food safety responsibilities [2]. - Both parties are required to report to the local market regulatory authority 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 regulatory authorities 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, reporting obligations, and other violations, with penalties for providing false information or producing non-compliant products [2].