China announced a second round of American products that could be subject to retaliatory tariffs between 10 to 25 percent. The proposed list would target $60 billion worth of additional United States products, including many food products. China has not yet identified the effective date in the event it implements these tariffs.
October 25 – 27
Hogan Lovells Office, Beijing, China
The new Preventive Controls for Human Food regulation issued by the U.S. Food and Drug Administration (FDA) under the FDA Food Safety Modernization Act (FSMA) is the most significant change to food regulation since the 1930s. FDA has started conducting inspections for compliance with the rule, both domestically and internationally.
The rule requires that key food safety management activities must be completed by a “preventive controls qualified individual” who has “successfully completed training in the development and application of risk-based preventive controls.” This requirement typically applies even if a company is located outside of the U.S., so long as it manufactures food for U.S. consumption.
Hogan Lovells attorneys Maile Hermida (Partner) and Xin Tao (Associate), both Food Safety Preventive Controls Alliance (FSPCA) lead instructors for this regulation, will present the training program developed by the FSPCA. This is the “standardized curriculum” recognized by FDA. Successfully completing this course is one way to meet the requirement to become “preventive controls qualified individual.”
U.S. exporters of dairy products to China are subject to importing country listing requirements for manufacturers or processors as a precondition of market access. Recently, the U.S. Food and Drug Administration (FDA) has signed a Memorandum of Understanding (MOU) with the Certification and Accreditation Administration of the People’s Republic of China (CNCA), formally establishing a registration process for U.S. food manufacturers who export certain foods to China. FDA also issued guidance for industry on how to establish and maintain a list of U.S. milk and milk products, infant formula, and formulas for young children manufacturers or processors.
In this post we summarize the key legal requirements for exporting dairy products to China.
We recently learned that the U.S. Department of Agriculture (USDA), in coordination with the Office of the U.S. Trade Representative (USTR), intends to submit comments on the draft rules implementing changes to the Chinese food safety laws. Any companies that are interested in submitting comments have until Feb 19, 2016 (Friday) to share comments with USDA.
We provide a brief summary of the proposed changes and identify the specific questions for which USDA is requesting comments. Click here to read more.