China Moves to Strengthen Food Recall System

In a significant move to enhance public health protection, China is proposing updated food recall regulations in the second half of 2025. This initiative, led by the State Administration for Market Regulation (SAMR), aims to modernize the existing framework to keep pace with the dynamic food market.

The foundation of China’s food recall system is established under the Food Safety Law (FSL) [1], which mandates that upon discovering non-compliance with food safety standards or potential risks to human health, a food producer must immediately cease production, initiate a recall of affected products already on the market, and notify relevant stakeholders, including distributors and consumers.

In response to the food industry’s rapid evolution and the growing need for more detailed procedures, on September 25, 2025, SAMR published draft Management Measures for Food Recall [2] (“Draft Measures”) for public comments. This draft represents a substantial improvement from the current 2015 version (updated in 2020) [3], aiming to strengthen supervision across the entire food safety chain and standardize recall procedures.

Compared with the current version, the Draft Measures clarify recall forms (including both voluntary and mandatory recalls) and establish a structured system for recall levels and corresponding initiation timelines. As with the 2015 version, recalls are classified into three levels based on the severity and urgency of the identified risk, but for the first time, explicit criteria for each level are provided.

A Level 1 recall, the most severe category, must be initiated within 24 hours and covers grave circumstances such as the use of non-food ingredients or the presence of contaminants (e.g., pathogenic microorganisms) exceeding safety limits.

Further, the scope of Level 2 recall addresses situations that pose a general health hazard, which specifically includes foods containing excessive amounts of food additives, or where levels of pesticide residues, veterinary drug residues, heavy metals, or other contaminants surpass regulatory standards, etc.

In the meantime, Level 3 recall applies to scenarios of lesser food safety risk and other non-specified circumstances, such as false date marking and non-compliance with sensory parameters of food. The draft provides further guidance concerning labelling defects, stating that if a label defect does not affect food safety and will not mislead consumers, the producer must correct the defects but is not obligated to initiate a full recall. Should a company choose to conduct a voluntary recall for any reason, it must still conform to the standardized procedures outlined in the Measures.

The Draft Measures accelerate the response time for lower-risk levels. The timeline for initiating a Level 2 recall has been shortened from 48 to 36 hours, while the window for a Level 3 recall has been reduced from 72 to 48 hours, ensuring a more rapid market response to potential hazards.

New Recall System for Cross-border E-commerce (CBEC) Foods
The Draft Measures also mark a significant regulatory expansion by formally incorporating CBEC enterprises and related entities into the national food recall framework for the first time. This proposal responds to the rapid growth of CBEC retail imports, which have become a significant channel for daily consumer consumption.

Notably, this development is further complemented by a separate draft announcement released on September 9, 2025, titled Announcement on Further Strengthening Recall Supervision of Retail Food Imported Through Cross-border E-commerce [4].

The initiative aims to resolve issues related to the recall of unsafe food products imported via CBEC. Under the existing framework, the 2018 Notice (Shangcaifa No. 486 [5]) designates the CBEC enterprise as the primary entity responsible for conducting recalls. Specifically, CBEC Enterprise refers to the registered companies outside China which sell imported CBEC commodities from overseas to the consumers in China, and they are the owners of the commodities. However, in practice, the fact that these companies operate beyond China’s borders has created enforcement challenges. This geographical and jurisdictional gap has limited the ability of domestic market supervision departments to ensure that these companies fulfill their recall obligations.

The newly proposed Measures seek to strengthen the system by clarifying and reinforcing the responsibilities of all involved parties. The draft Announcement reaffirms that CBEC enterprises bear primary responsibility for the safety of imported foods and must establish a dedicated recall system. Notably, it also mandates that overseas CBEC enterprises appoint a domestic entity to act on their behalf in recall operations, thereby ensuring a local point of contact and accountability.

Further, it outlines specific obligations for CBEC platforms, which are required to assist in recall efforts and must suspend the operations of any non-compliant CBEC enterprise that fails to proactively initiate a recall.

With the above in mind, considering the detailed clarification of recall classifications and the acceleration of response timelines in the Draft Measures, food enterprises must be prepared to activate crisis management protocols immediately upon identifying a potential food safety issue. Prompt and decisive action is critical to mitigate public health risks, cooperate effectively with regulatory authorities, and minimize reputational and financial damage.

Our team is closely monitoring these regulatory developments. Should you have any questions on these regulatory updates in China, 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://sjfg.samr.gov.cn/law/file//pdf/3235243/1663322301314.pdf
[2] https://www.samr.gov.cn/hd/zjdc/art/2025/art_03c3f01434b148c2b20d111c4550ccbc.html
[3] https://sjfg.samr.gov.cn/law/pageInfo/main.main?order=10&iframe=pageInfo/law_search_new.law_details?lawId=9879e85c21a042e2a6d433c28eab7a16
[4] https://www.samr.gov.cn/hd/zjdc/art/2025/art_3f6a251f6ca7490a95764d6d9454414c.html
[5] https://www.gov.cn/xinwen/2018-12/01/content_5345041.htm