北京商报讯（记者 刘一博 冯若男）2月25日，北京商报记者从国家市场监督管理总局官网获悉，日前发 布的《食品委托生产监督管理办法》将于2026年12月1日起施行。作为我国首部专门规范食品委托生产 的部门规章，该《办法》首次将商标许可、特许经营、来料加工、贴牌生产等方式全面纳入委托生产监 管体系，对包括白酒行业在内的食品产业长期存在的贴牌模式进行了系统性规范，或将对白酒贴牌生产 模式产生深远影响。 ...

Core Viewpoint - The article discusses the implementation of the "Supervision and Management Measures for Food Entrusted Production" by the State Administration for Market Regulation, effective from December 1, 2026, which aims to enhance regulation and accountability in food production practices such as trademark licensing and OEM processing [1] Group 1 - The new regulations will bring common production models like trademark licensing and OEM processing under unified supervision, reinforcing the responsibilities of all parties involved in food entrusted production [1] - The measures aim to standardize industry order and strengthen food safety defenses by establishing a comprehensive regulatory framework [1] - A reporting system for entrusted production will be established, requiring parties to report any establishment, change, or termination of entrusted relationships to regulatory authorities within a specified timeframe [1] Group 2 - The regulations mandate that product labels must clearly indicate the information of both parties involved in the entrusted production [1] - Specific penalties will be introduced for non-compliance, and a retrospective investigation mechanism will be implemented to strictly punish malicious behaviors, ensuring that "OEM" does not equate to exemption from responsibility [1]

Core Viewpoint - The newly implemented "Food Commissioned Production Supervision Management Measures" by the State Administration for Market Regulation will take effect on December 1, 2026, establishing unified regulation for common production models like trademark licensing and OEM processing, thereby enhancing accountability among all parties involved in food commissioned production and reinforcing food safety standards [1][2]. Group 1: Regulatory Framework - The new regulations require both the commissioning party (brand owner) and the commissioned party (manufacturer) to have the necessary food safety management capabilities and to obtain production and business licenses or file for record [2]. - The regulations emphasize that the commissioning party must take primary responsibility for food safety, necessitating the establishment of systems, personnel allocation, and substantive supervision [2]. Group 2: Responsibilities and Accountability - The regulations clarify the responsibilities of both parties in key areas such as qualification verification, contract establishment, raw material control, labeling management, and inspection sampling, creating a robust accountability network [1][2]. - The commissioned party is required to strictly adhere to the permitted categories and production capacity when accepting commissions, effectively eliminating "incompetent commissioning" and "exceeding production limits" [2]. Group 3: Transparency and Enforcement - A reporting system for commissioned production is established, mandating that any changes in the commissioning relationship must be reported to regulatory authorities within a specified timeframe, ensuring transparency throughout the process [2]. - The regulations stipulate that product labels must clearly indicate the information of both parties involved, and introduce specific penalties for violations, along with a retrospective investigation mechanism to impose strict penalties for malicious actions [2].

Core Viewpoint - The new regulations on food production delegation will enhance accountability and transparency in the food industry, effective from December 1, 2026, ensuring that both the brand and the production party are responsible for food safety and production practices [2][27]. Group 1: Responsibility Allocation - The new regulations clarify that the brand (delegating party) holds overall responsibility for food safety, while the production party is responsible for the production process [9][11]. - Both parties must meet specific qualifications, with the brand required to supervise the production capabilities of the production party [9][12]. Group 2: Contractual Clarity - A written contract must be signed before any production delegation, detailing food safety-related matters, including qualifications, food names, and procurement methods [13][15]. - Contracts must be reported to local market supervision departments within 10 working days, ensuring regulatory oversight of production relationships [15]. Group 3: Supervision Obligations - The brand must conduct substantial supervision of the production party's operations, which can include on-site inspections and monitoring through various means [16][18]. - Any non-compliance by the production party must be addressed by the brand, which is also responsible for reporting to regulatory authorities [18][19]. Group 4: Transparency in Labeling - Pre-packaged foods produced under delegation must clearly label both the brand and production party's names, addresses, and contact information [20][22]. - This labeling requirement enhances product traceability and consumer awareness regarding the origins of their food [23][24]. Group 5: Inspection and Recall Protocols - The regulations strengthen inspection and recall procedures, mandating that the production party conduct product inspections and retain samples for a specified duration [25][27]. - In case of safety violations, both parties must act promptly to halt production and initiate recalls, marking the end of the era where brands could evade responsibility [27][28].

Core Viewpoint - The State Administration for Market Regulation has released the Food Commissioned Production Supervision Management Measures, effective from December 1, 2026, to regulate various forms of commissioned production in the food industry, addressing issues of regulatory evasion and food safety risks [1][2]. Group 1: Responsibilities of the Commissioning Party - The commissioning party must comply with legal requirements regarding food production and operation licenses, establish a food safety management system, and supervise the production activities of the commissioned party [1]. - It is required that the commissioning party regularly checks and evaluates the safety status of the commissioned food and is responsible for the food safety of the commissioned products [1][2]. - The commissioning party is prohibited from encouraging or coercing the commissioned party to violate laws and food safety standards [1]. Group 2: Responsibilities of the Commissioned Party - The commissioned party must legally obtain a food production license that includes the specific food varieties being produced and must have the necessary production capacity and food safety assurance capabilities [2]. - The commissioned party is required to accept supervision from the commissioning party and is responsible for production activities, including maintaining records of incoming materials [2]. - The commissioned party must refuse any production activities that violate laws and food safety standards as instructed by the commissioning party [2]. Group 3: Reporting and Legal Framework - The measures propose the establishment of a food commissioned production reporting system and the standardization of contracts related to food safety matters [2]. - There will be strengthened management for the recall of commissioned food products, along with the introduction of corresponding penalties for legal violations [2].

Core Viewpoint - The newly implemented "Food Commissioned Production Supervision Management Measures" aims to strengthen the responsibilities of both parties involved in commissioned food production, thereby preventing food safety risks. This regulation will take effect on December 1, 2026, and is a response to recent food safety incidents, particularly the "Antarctic Krill Oil" case [1][3]. Group 1: Regulation Details - The regulation clarifies the scope of commissioned production, defining it as the act of the entrusted party producing food in whole or in part according to the requirements of the commissioning party [3]. - It includes various forms of commissioned production such as trademark licensing, franchising, and OEM production under regulatory oversight [3]. - Both parties must meet specific qualification requirements, including the commissioning party holding a food production and operation license and the entrusted party having the appropriate production capacity and food safety assurance capabilities [3][4]. Group 2: Responsibilities and Reporting - The regulation specifies the responsibilities and obligations of both parties regarding qualification verification, raw material inspection, labeling, food safety self-checks, sample retention, and product recalls [4]. - It mandates that both parties establish a food safety management system and appoint personnel responsible for food safety oversight [4]. - A reporting system is established, requiring both parties to report their commissioned production contracts to local market supervision departments within 10 working days [4]. Group 3: Industry Impact - The "Antarctic Krill Oil" incident has prompted companies like Tongrentang to apologize and initiate self-inspection and rectification measures, highlighting the need for stricter oversight in the industry [5]. - Industry analysts believe that the new regulation will clarify the responsibilities of both parties in OEM collaborations, addressing regulatory gaps and raising operational standards in the food industry [5]. - The introduction of this regulation is seen as a step towards promoting high-quality development in the food sector, especially in light of recent issues faced by leading companies [5].

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].

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].

Core Viewpoint - The State Administration for Market Regulation has released a new regulation on food entrusted production management, effective from December 1, 2026, to address issues of regulatory evasion and food safety risks associated with entrusted production methods [1][2]. Group 1: Responsibilities of Entrusting Parties - The regulation requires entrusting parties to comply with legal requirements regarding food production and operation licenses, establish a food safety management system, and supervise the production activities of entrusted parties [1]. - Entrusting parties must regularly inspect and evaluate the safety status of the entrusted food products and are responsible for the food safety of the entrusted production [1][2]. - It is prohibited for entrusting parties to encourage or coerce entrusted parties to violate laws and food safety standards [1]. Group 2: Responsibilities of Entrusted Parties - Entrusted parties must legally obtain food production licenses that include the specific food varieties being produced under the entrusted agreement and must have the necessary production and food safety assurance capabilities [2]. - They are required to accept supervision from entrusting parties and are responsible for their production activities, including maintaining records of incoming materials and rejecting any production activities that violate laws and standards [2]. Group 3: Reporting and Legal Accountability - The regulation introduces a food entrusted production reporting system and standardizes contracts related to food safety matters [2]. - It emphasizes the importance of food recall management for entrusted production and establishes corresponding penalties for legal violations [2].

Core Viewpoint - The State Administration for Market Regulation has introduced the "Supervision and Management Measures for Food Entrusted Production," which aims to enhance the responsibilities of both parties involved in food production and to standardize entrusted food production practices, focusing on preventing food safety risks. This regulation will take effect on December 1, 2026 [1]. Group 1 - The new measures will further solidify the responsibilities of both the entrusting and entrusted parties in food production [1]. - The regulation is designed to standardize food entrusted production behavior [1]. - The primary goal of the measures is to prevent food safety risks [1].