What are the provisions of the new Food Safety Law on health food?
The newly implemented Food Safety Law 20151kloc-0/classifies health care products as special foods, and the relevant laws and regulations are as follows: Article 74 The state exercises strict supervision and management over special foods such as health food, formula food for special medical purposes and formula food for infants and young children. Article 75 Health food claims to have health care functions, which should be based on scientific evidence, and may not cause acute, subacute or chronic harm to human body. The catalogue of raw materials of health food and the catalogue of health functions that health food is allowed to claim shall be formulated, adjusted and published by the food and drug supervision and administration department of the State Council in conjunction with the health administrative department of the State Council and state administration of traditional chinese medicine. The catalogue of raw materials for health food shall include the name, dosage and corresponding efficacy of raw materials; The raw materials listed in the Catalogue of Raw Materials for Health Food can only be used for health food production, and shall not be used for other food production. Article 76 Health food and health food imported by using raw materials other than the Catalogue of Health Food Raw Materials for the first time shall be registered by the food and drug supervision and administration department of the State Council. However, if the health food imported for the first time is to supplement vitamins, minerals and other nutrients, it shall be reported to the State Council, the US Food and Drug Administration for the record. Other health foods shall be reported to the food and drug supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record. Imported health food should be the products allowed to be listed by the competent department of the exporting country (region). Article 77 For health food that should be registered according to law, the research and development report, product formula, production technology, safety and health function evaluation, labels, instructions and other materials and samples of health food should be submitted at the time of registration, and relevant supporting documents should be provided. The US Food and Drug Administration in the State Council has organized technical review and registered those that meet the safety and functional requirements; If it does not meet the requirements, it shall not be registered and the reasons shall be explained in writing. If it is decided to approve the registration of health food using raw materials other than the Catalogue of Health Food Raw Materials, the raw materials shall be included in the Catalogue of Health Food Raw Materials in time. For health foods that should be put on record according to law, the product formula, production technology, labels, instructions and information indicating the safety and health care functions of the products should be submitted at the time of filing. Article 78 The labels and instructions of health food shall not involve the functions of disease prevention and treatment, and the contents shall be true, consistent with the contents registered or filed, indicating suitable people, unsuitable people, functional ingredients or symbolic ingredients and their contents, and indicating that "this product cannot replace medicines". The functions and ingredients of health food should be consistent with the labels and instructions. Article 79 In addition to complying with the provisions of the first paragraph of Article 73 of this Law, health food advertisements shall also state that "this product cannot replace medicines"; Its contents shall be examined and approved by the food and drug supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the production enterprise is located, and the approval documents for health food advertisements shall be obtained. The food and drug supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall publish and timely update the approved advertising catalogue of health food and the approved advertising contents. Article 80 The prepared food for special medical use shall be registered by the food and drug supervision and administration department of the State Council. At the time of registration, the product formula, production technology, labels, instructions and materials indicating the safety, nutritional adequacy and clinical effect of products for special medical purposes shall be submitted. Advertising of formula foods for special medical purposes shall be governed by the Advertising Law of People's Republic of China (PRC) and other laws and administrative regulations on drug advertising management. Article 81 An infant formula food production enterprise shall implement quality control in the whole process from raw materials entering the factory to finished products leaving the factory, and conduct batch-by-batch inspection on the infant formula food leaving the factory to ensure food safety. Raw milk, auxiliary materials and other food raw materials and food additives used in the production of infant formula food shall conform to the provisions of laws, administrative regulations and national food safety standards, and ensure the nutritional components needed for the growth and development of infants. Infant formula food production enterprises shall file food raw materials, food additives, product formulas and labels with the food and drug supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record. The product formula of infant formula milk powder is registered by the US Food and Drug Administration in the State Council. At the time of registration, the R&D report of the formula and other materials indicating the scientificity and safety of the formula shall be submitted. Infant formula milk powder shall not be produced separately, and the same enterprise shall not use the same formula to produce different brands of infant formula milk powder. Article 82 Registrants or filers of health food, formula food for special medical use and infant formula milk powder shall be responsible for the authenticity of the submitted materials. The food and drug supervision and administration department of the people's government at or above the provincial level shall promptly publish the registered or filed catalogue of health food, formula food for special medical use and infant formula milk powder, and keep confidential the business secrets of the enterprise known during the registration or filing process. Enterprises that produce health food, formula food for special medical use and infant formula milk powder shall organize production in accordance with the technical requirements such as product formula and production technology registered or filed. Article 83 An enterprise that produces health food, formula food for special medical purposes, formula food for infants and young children and other main and supplementary foods for specific people shall, in accordance with the requirements of good production practices, establish a production quality management system suitable for the foods it produces, conduct self-inspection on the operation of the system regularly to ensure the effective operation of the system, and submit a self-inspection report to the food and drug supervision and administration department of the local people's government at the county level. Above!