Infant formula milk powder is the main food for a large number of infants and young children. Its quality and safety are directly related to the healthy growth of the next generation, the happiness of hundreds of millions of families, and the future of the country and the nation. The Party Central Committee and the State Council attach great importance to the quality and safety of infant formula milk powder. In recent years, a series of policies and measures have been introduced. All regions and relevant departments have actively carried out rectification work, and the overall level of quality and safety of infant formula milk powder has been continuously improved. However, factors affecting product quality and safety still exist, which affect consumers’ confidence in domestic milk powder. To effectively ensure the quality and safety of infant formula milk powder, the following opinions are put forward on further strengthening the work related to the quality and safety of infant formula milk powder.
I. Work Objectives
Earnestly implement the spirit of the “Food Safety Law of the People’s Republic of China”, the “Regulations on the Supervision and Administration of Dairy Product Quality and Safety”, and the “Notice of the General Office of the State Council on Further Strengthening the Work of Dairy Product Quality and Safety” (Guobanfa〔2010〕No. 42). Place the work of ensuring the quality and safety of infant formula milk powder in a more prominent position, strictly implement the food safety responsibilities of local governments and the main responsibilities of enterprises, and fully realize that producers and operators bear the primary responsibility for the quality and safety of infant formula milk powder. Adhere to the combination of treating both symptoms and root causes, and the integration of rectification and system establishment, severely crack down on illegal and irregular behaviors, improve the long-term supervision mechanism, and realize the whole-process supervision of infant formula milk powder from the source to consumption. Adhere to mobilizing forces from all sectors of society, give full play to the role of social supervision, and build a pattern of social co-governance and co-management of infant formula milk powder. Through strengthening supervision and comprehensive measures, comprehensively improve the quality and safety level of China’s infant formula milk powder, safeguard the vital interests of the people, boost consumer confidence, and promote the revitalization and healthy and sustainable development of the dairy industry.
II. Work Focus
(1) Strict management with reference to drug administration measures. Strictly enforce the licensing requirements for infant formula milk powder manufacturers, and further raise the requirements in aspects such as enterprise production equipment and facilities, raw and auxiliary material control, production process control, inspection and testing capabilities, personnel quality, environmental condition control, and independent research and development capabilities by referring to drug administration measures. Fully implement the “Good Manufacturing Practice for Powdered Infant Formula Foods” (GB23790-2010) and strengthen the inspection and review of its implementation. Establish a filing system for infant formula milk powder product formulas, the use of raw and auxiliary materials, and packaging labels. Promote electronic information management of infant formula milk powder to accelerate the realization of full-process query and traceability of products. Carry out re-examination and re-cleanup work for infant formula milk powder manufacturers. For enterprises with unguaranteed milk source quality and backward production technology, equipment and facilities, and inspection and testing conditions, order them to suspend production for rectification. Those that still fail to meet the standards after rectification shall be resolutely eliminated. Relevant national regulatory authorities shall promptly announce and update in real-time the list of licensed infant formula milk powder manufacturers, importers, and products to facilitate consumers in identifying authenticity. Strictly approve new construction and expansion projects of infant formula milk powder. Strengthen the licensing management of infant formula milk powder business entities, strictly review their operating conditions, and implement classified and individual review and management in food circulation licensing items and registration items.
(2) Implementing the primary responsibility of enterprises. Dairy animal breeders and milk stations shall fully implement the dairy product quality and safety system, and strictly use and manage feed and veterinary drugs in a scientific manner. Milk stations and infant formula milk powder enterprises shall strictly implement the system for purchasing, storing, and transporting raw milk, as well as the system for actively reporting unqualified raw milk and conducting harmless disposal of it. They shall also strictly inspect the quality of raw milk to prevent unqualified raw milk from entering the market.
Enterprises producing infant formula milk powder must have self-built and self-controlled milk sources, conduct batch-by-batch inspections on raw milk powder, whey powder, etc., to ensure the quality of raw milk (powder) is qualified. They shall strictly implement systems such as incoming inspection of raw and auxiliary materials, production process control, full-item batch-by-batch inspection of products before leaving the factory, sales records, and recall of problematic products, and establish and improve an electronic information recording system. A food safety management agency shall be set up, full-time food safety management personnel shall be equipped, and the systems for pre-job training and regular training of employees shall be implemented. No enterprise may produce infant formula milk powder by means of entrustment, OEM (Original Equipment Manufacturing), or repackaging, may not produce infant formula milk powder of different brands with the same formula, and may not produce infant formula milk powder using raw milk (powder) other than cow’s or goat’s milk (powder).
Business entities engaged in the operation of infant formula milk powder shall purchase and sell qualified products produced by enterprises approved by regulatory authorities and those included in the public catalog of regulatory authorities, and strictly implement the system of obtaining invoices and certificates from suppliers. They shall be equipped with food safety management personnel and strictly implement the system of pre-job training and regular training for employees. Infant formula milk powder shall be sold in special counters or special areas, and trial sales in special counters of pharmacies shall be carried out. For infant formula milk powder with less than one month remaining until the expiration date, timely measures such as prominent reminders or early removal from shelves shall be taken. For unqualified, expired, or deteriorated infant formula milk powder, measures for delisting and harmless disposal shall be taken to prevent problematic products from re-entering the market.
Exporters or their agents and importers that export infant formula milk powder to China shall strictly go through the filing procedures in accordance with regulations. Importers must ensure that the infant formula milk powder they import complies with China’s national food safety standards. When applying for inspection upon import, they must provide the inspection report of the infant formula milk powder corresponding to the production date or batch. They shall strictly implement the import and sales record system.
Infant and young child formula production and operation units and importers must implement the quality and safety responsibility investigation system, establish a advance compensation and recovery system, and make compensation in accordance with the principle of “who produces, who is responsible; who sells, who is responsible”. Explore the establishment of a food safety liability insurance system to protect the legitimate rights and interests of consumers.
(III) Strengthen supervision and regulation. Enhance standardized guidance and technical training for dairy animal breeding, and promote standardized and large-scale dairy cow farming. Strictly examine the access and qualification for the production and operation of feed, feed additives, and veterinary drugs, and strengthen daily supervision. Intensify daily inspections, cross-inspections, and patrols of raw milk collection stations and transportation vehicles, and resolutely shut down unqualified milk stations and transportation vehicles. Focus on antibiotics, heavy metals, and toxic and harmful substances, strengthen the monitoring, supervision, and law enforcement of raw milk quality and safety to ensure the quality and safety of raw milk.
Strengthen supervision and inspection of production and operation entities of infant formula milk powder, focusing on checking enterprises’ continuous compliance with licensing conditions, implementation of production process records and filing systems, and organizing assessments of production enterprises’ testing capabilities. Further standardize the labeling of infant formula milk powder, increase supervision and inspection efforts on packaging, labeling, and relevant import certificates for imported infant formula milk powder, etc., to prevent illegal products from entering the market. Strictly supervise business entities to check the supplier’s license and food qualification certificates, and establish a inspection record system. Strengthen the supervision of infant formula milk powder sold in maternal and infant product specialty stores. Accelerate the formulation of management systems to regulate online sales of infant formula milk powder. Strengthen the supervision of advertising and promotion of infant formula milk powder. Further improve and perfect the food safety credit files of production and operation entities, and promptly publish the “blacklist” of illegal and non-compliant entities.
Strictly implement the registration management of overseas infant formula milk powder manufacturers, and strictly prohibit unregistered enterprises from exporting infant formula milk powder to China. Strictly review the inspection declaration materials, and refuse to accept infant formula milk powder that is less than 3 months away from the expiration date when applying for import inspection. It is strictly prohibited to import large-packaged infant formula milk powder for repackaging in China. The Chinese labels of imported infant formula milk powder must be directly printed on the smallest sales packages before entry into the country and must not be affixed in China. All products without Chinese label identification shall be returned or destroyed.
Establish and implement a risk monitoring and regular supervision and sampling inspection system for infant formula milk powder. Sampling inspections of infant formula milk powder should cover all enterprises and all varieties, and the sampling standards, procedures and results should be promptly announced to the public. Strengthen supervision and inspection of testing institutions, improve testing capabilities and levels, and ensure that testing results are accurate and reliable.
(4) Intensify the efforts in crackdown and punishment. Severely investigate and deal with illegal and irregular behaviors such as reselling and illegally purchasing unqualified raw milk, and strengthen the crackdown on “black dens” engaged in illegal purchase and transportation of raw milk. Severely crack down on illegal acts such as illegally adding non-edible substances, over-range and over-limit use of food additives, tampering with production dates, and altering labels and marks. Severely investigate and punish illegal acts of producing and selling infant formula milk powder without obtaining production and operation licenses and business licenses. Severely crack down on acts of counterfeiting registered trademarks of well-known infant formula milk powder, unique packaging and decoration, as well as false representations and false propaganda such as forging the place of origin. Severely crack down on the smuggling of infant formula milk powder, raw milk powder and whey powder. Adhere to using severe penalties to combat chaos, and always maintain a high-pressure posture of severely punishing and dealing with illegal crimes related to infant formula milk powder. Strengthen the connection between administrative law enforcement and criminal justice, promptly transfer cases suspected of crimes in accordance with the law, and conduct quick trials and judgments of relevant criminal cases in accordance with the provisions of the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety”. The punishment situation and results for illegal acts should be promptly announced to the society.
(5) Establish a social supervision mechanism. Encourage and support consumers to participate in the supervision of the quality and safety of infant formula milk powder, smooth complaint channels, implement reward-based reporting, and protect the legitimate rights and interests of informants. Give play to the supervisory role of the media, promptly verify and handle illegal and irregular behaviors and quality and safety hazards reported by the media and consumers, and legally investigate and punish acts of fabricating false information to spread rumors and mislead the public. Promote social organizations such as dairy industry associations to actively carry out work in safeguarding consumers’ rights and interests, promoting industry self-discipline, and guiding market consumption. Support social organizations such as consumer associations and science and technology associations to carry out publicity and education on knowledge of the quality and safety of infant formula milk powder and infant feeding, and run special columns on food safety popular science in the media.
(6) Improve relevant supporting measures. Increase support for the development of the infant formula milk powder industry, and encourage enterprises to carry out technological transformation and enhance inspection and testing capabilities through financial subsidies, implementation of preferential tax policies, and other forms. Encourage and support enterprise mergers and reorganizations to improve industrial concentration and promote the standardized, large-scale, and modernized development of enterprises. Strengthen funding guarantees for technical support capabilities such as inspection and testing of infant formula milk powder and electronic information management. Urge business entities to cancel unreasonable charges for the marketing of infant formula milk powder. Further improve the regulatory laws and systems for infant formula milk powder, and improve the standard system for dairy products such as infant formula milk powder. Standardize information release; inspection and testing results and other information of infant formula milk powder shall not be released without review by national specialized inspection and testing institutions to ensure that the relevant information is true and accurate.
III. Work Requirements
(1) Strengthen organizational leadership. Local governments at all levels shall assume overall responsibility for the quality and safety of infant formula milk powder in their respective regions. They shall organize and establish special leading groups, formulate specific implementation plans, refine work objectives and measures, and clarify job responsibilities, divisions of labor, and work requirements. During the adjustment of the food and drug supervision system, efforts shall be made to strengthen coordination and command to ensure the smooth implementation of all work tasks. All regions and relevant departments shall carefully inspect the implementation of the “Notice of the General Office of the State Council on Further Strengthening the Work on the Quality and Safety of Dairy Products” (Guobanfa〔2010〕No. 42), and further do a good job in all aspects of work in accordance with the spirit of this Opinion.
(2) Strengthen the implementation of responsibilities. Establish a responsibility system and a accountability system for quality and safety supervision. In accordance with the work思路 of hierarchical management, territorial management, and regional responsibility, clarify the responsibilities of local governments at all levels and regulatory authorities, ensure the allocation of working institutions and supervision forces, and form a safety responsibility network that covers all aspects horizontally and reaches to the grassroots vertically.
(III) Strengthen information reporting. All provincial regulatory authorities should focus on collecting work situations, summarize work experience, and promptly report relevant information to the food safety committee office of their respective governments. Major situations should be copied to the relevant superior regulatory authorities. At the same time, strengthen communication and coordination among departments, promptly notify hidden dangers and risk information found in work, collaborate in disposal, and form a regulatory synergy.