China has introduced new guidelines aimed at strengthening the investigation and punishment of food safety crimes, with particular focus on high-risk areas, improved coordination between administrative and criminal enforcement, and increased oversight of emerging online food businesses. The guidelines were issued recently by the Commission for Political and Legal Affairs of the Communist Party of China Central Committee.
An official from the commission stated on Monday that while the overall food safety situation in China remains stable, new challenges have arisen. These include more networked, professional, and organized criminal activities; insufficient cooperation between administrative regulators and criminal justice agencies; and recurring violations in specific sectors. Recent food safety incidents cited as causes for concern include formaldehyde-treated cabbage, the use of the pesticide dichlorvos in pest-control services for restaurants, and chemically treated waxberries.
One notable case involved a company in Xiamen, Fujian province, which reportedly used dichlorvos for pest control in over 100 restaurants for several years. Following media reports in late August, China’s State Council Food Safety Office took direct control of the investigation, dispatching a joint working group that included the State Administration for Market Regulation and the National Disease Control and Prevention Administration. Xiamen police detained six individuals on criminal charges at the end of August, with at least one suspect later approved for arrest.
The new guidelines emphasize stricter action in sectors closely linked to daily consumption such as meat, school meals, health foods, fruits, and vegetables. Enforcement efforts will also target key points in the supply chain, including production, processing, online sales, catering, and food imports. More complex and serious cases will be subject to enhanced supervision throughout the legal process, from investigation and arrest to prosecution, trial, and sentencing.
Additionally, the guidelines propose tighter restrictions on suspended sentences and exemptions from criminal punishment in food safety cases, alongside heavier penalties for offenses with significant social impact. Enhanced coordination is also prioritized, with judicial authorities expected to work with market regulation, agriculture, and rural affairs departments to establish clearer standards for case transfer, inspection, appraisal, and evidence handling between administrative and criminal proceedings.
To adapt to evolving business models, the guidelines call for accelerating revisions to the Food Safety Law. This includes clarifying regulatory duties for fresh-food e-commerce, food delivery, and livestream sales, plus developing a more proportionate penalty framework. Authorities will also update the list of prohibited additives as new illegal substances are detected, ensuring stronger legal grounds for prosecutions.
On October 10, the State Administration for Market Regulation released a draft revision of the Food Safety Law for public consultation. The draft outlines specific provisions on school food safety and online food operations, defining responsibilities for platforms, livestream operators, and marketers. It also holds cross-border e-commerce companies accountable for the safety of imported foods and additives. The proposal encourages expanded digital oversight through internet and artificial intelligence technologies, requiring food businesses to install monitoring equipment at high-risk points linked to local regulatory systems.
The Commission for Political and Legal Affairs highlighted prevention as a central element of food safety governance. It urges prosecutorial and judicial bodies, along with public security organs, to pinpoint regulatory weaknesses revealed by cases and to issue judicial recommendations, procuratorial suggestions, and police risk alerts to bolster supply chain oversight. The guidelines also support using big data supervision models and public interest litigation to identify risks, investigate leads, and drive industry-wide improvements. Strengthened public legal education and coordinated efforts among top judicial and law enforcement agencies are additional aspects of the new approach.