Shanghai Yangpu District Market Supervision Department received a report that the "ISDG JASMIKENEO Enzyme Sparkling Water" did not mark the "unsuitable people" information on the food label as required. After investigation, the product ingredients list of "ISDG JASMIKENEO Enzyme Sparkling Water" contains a novel food ingredient: black chokeberry. According to the Announcement on Two Novel Food Ingredients including Black Chokeberry (No. 10 of 2018) by the National Health Commission, the use of this raw material should be marked with "not suitable for infant and young children, pregnant women and lactating women" on the label and instruction. However, the 20210919JZ batch of this product did not mark the above information according to laws.
The above behavior violated Article 67, Paragraph 1 (9) of the Food Safety Law of the People's Republic of China: "pre-packaged food shall be labeled on the package, which indicates the following: 9) Other information that must be indicated in accordance with applicable laws, regulations, and food safety standards." According to the provisions of Article 125, Paragraph 1 (2) of the Food Safety Law of the People's Republic of China: "in violation of the Law upon occurrence of following circumstances, the county and above level food safety supervision and management department will confiscate the illegally gained benefits/foods and food additives illegally produced or traded/and the tools, equipment and food raw material used for illegal production or trading as well. The producer or trader is also subject to a fine between RMB5,000 to 10,000 if the total value of the commodity is less than RMB10,000, or a fine between five and ten times if the total value of the commodity exceeds RMB10,000; for severe violation of the law, the producer shall be instructed to stop production, or get its business license revoked: 2) Producing or trading the pre-packaged food or food additives without label; or the labels or instructions do not comply with the Law;" and Article 28, Paragraph 1 of the Administrative Penalty Law of the People's Republic of China: "when an administrative organ imposes an administrative penalty, it shall order the party concerned to make corrections or to make corrections within a time limit." Shanghai Yangpu District Market Supervision Department decided to order the company concerned to make corrections, confiscate the illegal income of RMB2,176 Yuan and fine RMB20,000 Yuan.
Labeling of pre-packaged foods containing novel food ingredients
Where prepackaged foods containing novel food ingredients announced, if it is clearly required in the announcement to indicate the consumption amount and unsuitable people on the label and instruction manual, it shall be indicated in accordance with the relevant announcement requirements; if there are requirements on the consumption amount and unsuitable people in the announcement, but no labeling is required on the label and instruction manual, the food manufacturer can choose whether to indicate or not.
Source: Shanghai Market Supervision Department
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