New Draft Rules from SAMR: Clearer Responsibilities for Third-Party Online Food Trading Platforms and Food Sellers

To strengthen the supervision and management of online food safety, reinforce the primary responsibilities of platform operators and online food sellers, and mitigate potential food safety risks, the State Administration for Market Regulation (SAMR) has drafted the Regulations on the Implementation of Food Safety Responsibilities by Third-Party Online Food Trading Platforms and Online Food Sellers (Draft for Public Comments) and is now soliciting public feedback.

The draft regulation consists of 23 articles, specifying requirements for online food safety management from multiple dimensions, including personnel allocation, operational mechanisms, supervision, and legal liabilities.

Regarding management responsibilities, platform operators must ensure that their branches, agents, and partners comply with unified food safety obligations. Both platforms and online food sellers are required to appoint qualified personnel, such as food safety directors and officers.

To improve operational mechanisms, platforms must establish a dynamic risk-control system, formulate a Food Safety Risk Control List, and implement daily, weekly, and monthly food safety inspection and reporting protocols.

In terms of supervision, market regulators will prioritize inspecting food safety risks and rectification measures identified through the daily-weekly-monthly control system, with legal actions taken against violations.