Breaking News: China Proposes Significant Changes to Food Safety Law
On October 10, 2026, China’s State Administration for Market Regulation (SAMR) released the Food Safety Law of the People’s Republic of China (Draft Amendment for Public Comment) [1]. The draft proposes a broad revision of the law, expanding it from 154 to 191 articles and addressing changes in food production, online sales, and regulatory oversight. Public comments are due by November 10, 2026.
The proposed revision responds to changes in China’s food market and regulatory landscape since the Food Safety Law was comprehensively revised in 2015. SAMR specifically cites the rapid growth of e-commerce, food delivery services, and livestream sales, as well as the challenges of supervising platforms that operate across provincial borders. A 2025 enforcement review by the Standing Committee of the National People’s Congress also called for stronger oversight of online platforms, expanded use of digital regulatory tools, and clearer conformity assessment requirements for imported food [2].
For food companies, the draft introduces significant changes covering online and cross-border sales, contract manufacturing, production controls, product claims, and management accountability. Although many of the proposed requirements build on existing regulatory practices in China, incorporating them into the Food Safety Law may provide a stronger legal basis for enforcement.
This article highlights several changes that may be particularly relevant to food companies operating in or supplying the Chinese market.
Online and Cross-Border Food Sales
The draft adds a new section governing online food business. Online platforms face more detailed obligations regarding regulatory filings, seller verification, food safety personnel, livestream marketing, and the monitoring of businesses operating through their platforms.
In addition, of particular relevance to foreign enterprises, the draft sets out a clearer allocation of responsibility for food sold through cross-border e-commerce. The cross-border e-commerce enterprise bears primary responsibility for product safety and must engage a qualified domestic food business to handle recalls and assume advertiser responsibilities. Platforms must oversee risk-control and recall measures and may be required to suspend services or initiate a recall if the enterprise fails to act. The draft further requires the online transaction page to display the prescribed label information in Chinese. These provisions may require foreign brands to review their arrangements with platforms and domestic service providers, particularly in relation to product information, advertising review, and recall management.
Manufacturing Controls and Digital Oversight
It is worth noting that the draft strengthens food safety governance requirements for businesses operating in China. China-based food production and trading enterprises must appoint food safety directors and food safety officers where required, define their responsibilities, and maintain relevant training and assessment records. Food manufacturers must also keep more detailed production process control records.
Contract manufacturing arrangements will be subject to closer attention. Although similar obligations appear in SAMR’s Measures for the Supervision and Administration of Food Contract Manufacturing [3], which will take effect on December 1, 2026, the current Food Safety Law does not expressly address the parties’ qualifications, regulatory reporting, or their identification on product labels. Under the draft, both the company placing the manufacturing order, and the contract manufacturer, must satisfy specified qualification requirements and report the arrangement to the local market regulator. Product labels must also identify both parties. Companies using this business model may therefore need to review their licenses, contracts, reporting procedures, and product labeling.
Another significant proposal relates to real-time digital supervision. The draft requires food production and trading enterprises to install monitoring equipment at key food safety risk points and connect live video streams to local market regulators' information systems. Combined with provisions authorizing off-site inspections through Internet of Things technologies, artificial intelligence, and video monitoring, these measures may significantly expand regulators’ visibility into companies’ day-to-day operations. The proposal raises several practical questions, including which areas and activities must be monitored, who may access the video feeds, how long information must be retained, what cybersecurity requirements apply, and how confidential manufacturing processes and other proprietary information are protected. If adopted, companies with manufacturing, retail, or food-service operations in China should monitor the implementing rules closely and assess whether their facilities, information systems, and confidentiality controls can meet the new requirements.
Broader Rules on Labels and Commercial Promotion
The draft makes a notable change to the rules governing food claims. The current Food Safety Law refers to labels, instructions, and advertising, while the draft replaces “advertising” with the broader concept of “commercial promotion.” Commercial promotion must be truthful and lawful and must not contain false or misleading information or claims relating to disease prevention or treatment. This change may extend regulatory scrutiny beyond conventional advertising to product webpages, livestreams, social media content, and other promotional activities.
Expanded Oversight of Imports, Risk Monitoring, and Testing
The draft expressly requires imported food, food additives, and food-related products to undergo customs conformity assessment and be accompanied by supporting compliance documentation where required. It also extends relevant import, recordkeeping, and recall provisions more consistently across these product categories. Foreign exporters and manufacturers are responsible for compliance with Chinese requirements and for the content of labels and instructions, while importers must review their overseas suppliers, and report recalls to both customs and local market regulators.
Food safety risk monitoring is expanded to cover food additives and food-related products. In addition, the draft introduces new controls on commissioned testing. The party submitting a sample must explain its source and is responsible for the accuracy of that information, while test data and reports must not be used for exaggerated marketing or published without authorization. These requirements may affect how companies manage import documentation, supplier verification, and the use of third-party testing in product promotion or public communications.
Personal Liability and More Differentiated Penalties
The draft also reinforces personal accountability. Legal representatives, principal responsible persons, food safety directors, food safety officers, and other directly responsible personnel may face personal fines where a violation is intentional, particularly serious in nature, or causes serious consequences. At the same time, the draft introduces more differentiated penalty ranges, reflecting the government’s stated intention to avoid disproportionate penalties for minor violations while maintaining substantial consequences for serious misconduct.
With the above in mind, companies operating in China should review the draft closely, particularly its provisions on cross-border e-commerce, online platforms, contract manufacturing, real-time monitoring, and individual liability.
Keller and Heckman will continue to monitor the revision of China’s Food Safety Law. If you need assistance in assessing the potential impact of the proposed changes or preparing comments, please do not hesitate to contact David Ettinger (ettinger@khlaw.com), Jenny Xin Li (li@khlaw.com), Sharon Tian (tian@khlaw.com), or your existing contact at Keller and Heckman LLP.
[1] https://www.samr.gov.cn/hd/zjdc/art/2026/art_2e2247ea7dff408da28ae047b1bd96f5.html
[2] https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/xwxcs/art/2026/art_46740d9d9477462fa0e38a2096127c35.html
[3] https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2025/art_74811c636abe401b9448db01b2b6cf35.html