On December 9th, the Supreme People's Court issued the Interpretation of the Supreme People's Court on Several Issues Concerning Applicable Laws in the Trial of Food Safety Civil Dispute Cases (1), which will come into force on January 1st, 2021.

The Interpretation clarifies the responsibilities of imported food operators, and strictly check the safety of imported food. In judicial practice, some food manufacturers and operators only claim that the imported food meets China national food safety standards on the grounds that the imported food has passed inspection and quarantine by China’s entry-exit inspection and quarantine agency. There are still disputes in judicial practice as to whether such claims should be supported.

Article 12 of the Interpretation clearly stipulates that if the imported food does not meet China national food safety standards or the standards that the health administrative department of the State Council decides to temporarily apply, sellers, importers and other operators should follow Article 148 of the Food Safety Law for liability for compensation, and the People's Court does not support the defense that the imported food meets the food safety standards of exporting place or has passed the inspection and quarantine of china’s entry-exit inspection and quarantine agency.

Imported food must meet China national food safety standards. Passing the inspection and quarantine of china’s entry-exit inspection and quarantine agency does not mean complete compliance. If the imported food is not compliant, it will still face challenges in the market sales.