China to Create a Negative List for CBEC Foods
In late October 2025, China’s Standing Committee of the National People’s Congress released a report [1] detailing its enforcement inspection [2] of the Food Safety Law (FSL). The findings from this report shed light on critical areas requiring regulatory refinement, including foods imported into China via cross-border e-commerce (CBEC).
CBEC foods are primarily governed by the rules of the exporting countries [3]. They are managed as “personal items,” allowing consumers to purchase food that may not comply with China’s domestic food safety standards, with associated risks borne by the buyers. This regulatory gap leads to the importation of certain foods containing substances banned in China, posing potential food safety risks and demanding the government’s reaction to enhance scrutiny over CBEC foods.
The report, therefore, suggested optimizing CBEC regulatory policies to address emerging food safety risks through refined supervision mechanisms, introducing a negative list for imported CBEC foods to establish clear guidelines on prohibited or restricted items, and clarifying food recall responsibilities to define accountability and ensure swift action. In addition, authorities are expected to implement strengthened risk control measures to prevent high-risk food products from entering the Chinese market via CBEC. In this regard, industry should be made aware of the recent amendment of China’s food recall regulation [4] under which CBEC foods are expressly included in the national food recall framework, imposing new regulatory obligations for CBEC operators [5].
These developments signal a forthcoming tightening of CBEC regulations, particularly for food imports. Companies engaged in, or that rely upon, CBEC channels should closely monitor the development of the negative list and related policy adjustments.
We will continue updating the development in this area and keep you informed. In the meantime, if you have any questions or need any assistance in China’s regulatory requirements for foods, please do not hesitate to contact David Ettinger (ettinger@khlaw.com), Jenny Xin Li (li@khlaw.com), or your ordinary contact at Keller and Heckman LLP.
[1] http://www.npc.gov.cn/npc/c2/c30834/202510/t20251027_448926.html
[2] The enforcement inspection is a statutory supervisory procedure conducted by the Enforcement Inspection Team of the Standing Committee of the National People’s Congress to examine the implementation of the Food Safety Law. It involves on-site inspections, stakeholder consultations, and systematic evaluation of law enforcement effectiveness.
[3] More information about China’s CBEC policies may be found in Keller and Heckman’s newsletter here: https://www.khlaw.com/insights/beijing-confirms-cross-border-e-commerce-here-stay
[4] https://www.samr.gov.cn/hd/zjdc/art/2025/art_03c3f01434b148c2b20d111c4550ccbc.html
[5] More details about the food recall requirements can be found here: https://www.khlaw.com/insights/china-moves-strengthen-food-recall-system