Baby milk powder allows OEM production

Highly sensitive infant milk formulas for the domestic consumer market have received high attention in the recent third review of the revised draft of the Food Safety Law and amendments to the advertising law, and there are special provisions for the provisions. Recently, the 14th meeting of the Standing Committee of the National People's Congress conducted a third review of the revised draft of the Food Safety Law. The reporter learned from the review report that China intends to implement registration management for formulas for infant formula milk powder, and stipulates that infant formula milk powder may not be produced in a separate manner. In this regard, the domestic dairy industry experts pointed out that the revision of the food safety law is in line with international practice, but also help promote the healthy development of infant formula milk powder market in China.

Highlight One

Regulators will review milk formula

It is understood that the draft of the revised draft of the Food Safety Law revised the provisions for infant formula milk powder and formula foods for special medical purposes. The third reviewer proposes that the formulation of infant formula milk powder be registered, and the second review draft proposes to record and manage the formula of infant formula milk powder.

Earlier this month, at the World Dairy Integration Mother-Baby Summit held in Sanya, Song Kungang, chairman of the China Dairy Industry Association, revealed to reporters that the State Food and Drug Administration is studying the registration and administration of infant formula milk formula.

Insiders pointed out that this time the “record” was changed to “registration management” and the management of formulas was more stringent. “Prerequisites for the record” are more about corporate self-discipline, and now mentioning 'registration' means that the formula needs to be The production of the special food can be guaranteed only after it has been approved by the regulatory authorities and approved by the relevant production license.

In fact, the domestic market for infant formula milk powder appears to have a disordered and overflowing formula. The reporter visited the market a few days ago and found that formulas for infant formula companies are varied. Some of the same brand, the same stage of milk powder, there are three or four formulas, the price is different. Many companies only add one or two new nutrients to the original formula, and they will raise prices on the basis of new formulas. Consumers are already dissatisfied with this.

“The current formulation of domestic infant milk powder companies is excessive. There are nearly 1900 formulas in the country, with an average of more than 20 formulas per company, while foreign companies generally have only 2 or 3 formulas.” Song Liang, a domestic milk industry veteran, pointed out Some companies come up with multiple formulas, but they are marketing methods.

It is worth mentioning that some people in the industry pointed out that some media and related parties have misunderstood the "registration management" of this amendment. "Actually, this change does not require a brand to have only one formula." The person explained that, according to its understanding, the meaning of the state and the regulatory authorities should be to restrict companies from having too many formulas. "A brand has three or four." The formula is reasonable, for example, there are 1, 2, 3, and 4 powdered milk powders in a certain brand. Each formula of powdered milk is different because of the age of the baby and the nutritional requirements.

Highlight two

Allow OEM to prohibit dispensing

The reporter found that in the third-party review published this time, the management of infant formula was also deleted, and “restriction on the production of formula milk powder for infants and young children cannot be entrusted or rebranded” was deleted. “The infant shall not be manufactured in a separate manner. Formula for infant formula milk powder ".

Prior to this, nine ministries and commissions, including the State Food and Drug Administration and the Ministry of Industry and Information Technology, jointly issued comments in 2013 that they must not authorize processing, refrain from OEM production, and prohibit subpackage production.

“Original labeling is an international practice. This method is a popular method of production in the world. Prohibition does not conform to the laws of the market economy.” A person in charge of a domestic foreign milk powder company told reporters that in foreign countries, including Australia, New Zealand, the United States, Europe and the United States, etc. In countries and regions, many branded milk powders are produced in a commissioned manner, with brand owners and producers separated.

Some insiders also pointed out that if foreign infant formula milk powder produced by entrusted or private labeling is forbidden to be imported abroad, production enterprises may also circumvent it through joint ventures and cooperative production.

With regard to reservations that are not allowed to be produced in a separate manner, the industry has expressed their support. The person in charge of the above-mentioned dairy company pointed out that the “Miss Suili milk powder fraud incident” that occurred in the early years was a scourge caused by packaging and production. “Some unscrupulous companies imported large-package milk powder from countries such as New Zealand to domestic packaging. There may be issues such as the adjustment of raw materials, adulteration, adulteration, and production conditions."

Song Liang pointed out that “subpackaged production may also cause secondary pollution of milk powder. Prior to this, there was an incident of secondary pollution when imported large-package milk powder was filled in China, and this led to food safety problems. Still need to be banned."

Related

The industry is keen to discuss the new advertising law to strictly regulate the promotion of breast milk substitutes

Penalties for violations are more specific and more severe

The reporter was informed that the draft of the revised draft of the revised advertising law submitted to the National People's Congress Standing Committee recently stipulates that advertisements for baby dairy products, beverages, and other food products that claim to replace breast milk in whole or in part in the mass media or public places are prohibited. If the regulations are violated, the administrative department for industry and commerce shall order it to stop advertising, impose a fine of not less than 200,000 yuan but not more than 1 million yuan on the advertiser, and the advertisement examination authority shall cancel the advertisement examination approval document and shall not accept its advertisement examination application within one year; For advertising operators and advertising publishers, the administrative department for industry and commerce confiscated advertising expenses and imposed a fine of 200,000 yuan up to 1 million yuan.

According to insiders, at present, China's regulation of breast milk substitute foods is still relatively weak. Many large infant milk powder companies have entered the medical system to seize the baby's "first milk." "Originally, the first phase of the 0-6 months baby milk powder, rice flour, etc. shall not be promoted, not advertising, but now many supermarkets, mother and child shops have illegal practices." The person believes that in the market, some companies also Subtle influences on consumption through explicit or hidden forms such as gifts, promotions, lectures, and television advertisements are all misleading and inducing to consumers.

“For consumers, the new revision method can more effectively avoid being misled by advertisements and prevent them from completely waiving breastfeeding conditions.” According to industry sources, some infant formulas currently say “close to breast milk” in advertising campaigns. It is actually misleading consumers.

The lawyer of Guangdong Hebang Law Firm Xiao Jinyang also pointed out that the third review draft of the revised draft of the advertisement law had a more specific and more severe punishment for the violation of the penalty. It further explained that the third revision of the revised draft of the Advertising Law is illegal for advertising content. When publishing advertisements that contain legal prohibitions, the penalty range was changed from "10% to 5 times the advertising costs" to "200,000 yuan or more. Under 10,000 yuan, "it can be seen from the provisions that the amendment will increase penalties for illegal subjects, and at the same time improve the conduct of advertising operators and advertisement publishers, and impose more severe penalties on cases of repeated violations."