Measures for Supervision and Administration of Food Contract Manufacturing

(Promulgated by Order No. 113 of the State Administration for Market Regulation on December 12, 2025, and implemented starting from December 1, 2026)

Article 1
In order to regulate food and food additive (hereinafter collectively referred to as food) contract manufacturing activities, strengthen the supervision and administration of food contract manufacturing, and ensure food safety, these Measures are formulated in accordance with the "Food Safety Law of the People's Republic of China" and its implementation regulations, as well as other relevant laws and administrative regulations.

Article 2
These Measures apply to food contract manufacturing activities and their supervision and management within the territory of the People's Republic of China. Food contract manufacturing, as referred to in these Measures, means that the contractor, according to the principal's requirements, engages in all or part of the production activities related to food and delivers the produced food. If food is produced through trademark licensing, franchising, or other means in accordance with the "Trademark Law of the People's Republic of China" and the "Regulations on Commercial Franchising," and meets the above circumstances, these Measures shall apply.

Article 3
The principal must lawfully obtain food production and operation permits or only file for the sale of pre-packaged food and have the capacity to supervise the contractor to ensure that production is carried out in accordance with laws, regulations, food safety standards, and contractual agreements, and to ensure that the principal can fulfill the food safety responsibility. Food that requires a complete production process as stipulated by laws, regulations, and food safety standards cannot have part of its production process contracted out.

Article 4
The contractor must lawfully obtain a food production permit, and the food production license should specify the types and categories of food, including those contracted for production, and the contractor must have the corresponding production capacity and food safety assurance capabilities.

Article 5
Both parties should establish and improve food safety management systems for food contract manufacturing activities in accordance with the "Regulations on the Supervision and Management of Food Safety Responsibility Implementation by Food Production and Operation Enterprises." Both parties should also assign appropriate food safety management personnel and develop documents such as the "Food Safety Director Responsibilities" and "Food Safety Officer Code of Conduct" to ensure the strict implementation of food safety responsibility.

Article 6
Both parties must carry out contract manufacturing activities in accordance with laws, regulations, food safety standards, and contractual agreements. The principal must supervise the contractor’s production behavior and be responsible for the food safety of the contracted products. The contractor must accept the principal’s supervision and be responsible for the production behavior.

Article 7
The principal must not encourage, coerce, or indirectly force the contractor to violate laws, regulations, and food safety standards in food production activities. In such circumstances, the contractor should refuse or stop production for the principal.

Article 8
The principal must verify the contractor’s qualifications and food safety assurance capabilities as specified in Article 4 of these Measures and keep records of the verification. The contractor must verify the principal's qualifications as per Article 3 and keep records of the verification. The retention period for the records must be no less than six months after the expiration date of the last batch of produced food; if there is no clear expiration date, the retention period must be no less than two years from the production date of the last batch of contracted food.

Article 9
Before engaging in contract manufacturing activities, both parties must conclude a written contract. The contract should generally cover the following food safety-related matters:

1. The qualifications of both parties.
2. The name, variety, and standards of the contracted food.
3. The procurement and provision methods for food raw materials, food additives, and packaging materials that directly contact food.
4. The supervision content, methods, and frequency by the principal over the contractor’s production.
5. The handling methods and responsibilities in the event of food safety accidents or emergencies.
6. Other food safety matters agreed upon by both parties.
   The contractual matters must not violate laws, regulations, or food safety standards. Neither party may reduce or exempt their legal responsibility for food safety through the contract or under the guise of trademark licensing or franchising contracts.

Article 10
Both parties must report the contract manufacturing to the county-level market supervision department in their respective locations within ten working days after signing the contract. The report must include the names, addresses, responsible persons, contact information, food production and operation license numbers, types of food, applicable standards, and contract duration. In case of changes to the above information, contract termination, or revocation or suspension of the licenses, the parties must report these changes within ten working days.

Article 11
The food raw materials, food additives, and packaging materials directly contacting food provided by both the principal and contractor must comply with food safety standards. Both parties are responsible for the raw materials and packaging materials they provide. The principal, as the supplier, should ensure that the contractor performs their duty of inspection and record-keeping. The principal should supervise the contractor’s procurement actions and inspection records. If the principal procures items independently, they must fulfill the same inspection and record-keeping duties.

Article 12
The labeling of contract-manufactured food must comply with relevant laws, regulations, and food safety standards. Both parties must verify the food labeling and keep records of the verification. The retention period for the records must be no less than six months after the expiration date of the product; if there is no clear expiration date, the retention period must be no less than two years.

Article 13
For pre-packaged food contract-manufactured, the label must include the names, addresses, and contact details of both the principal and the contractor, with the labels “Principal” and “Contractor” or "Principal Party" and "Contracted Party" preceding their names.

Article 14
The principal may monitor the contractor’s production activities through their own staff or by hiring third-party organizations for on-site inspections and audits. The principal is encouraged to use information technology for supervision. The monitoring typically includes evaluating the contractor’s facilities, equipment, personnel management, raw material control, key production process control, inspection control, transportation and delivery control, labeling and packaging management, and risk management. The principal must keep records of their supervision and have both parties confirm and store these records.

Article 15
The principal must regularly assess the safety of the contracted food. If changes are found in the contractor’s production conditions that affect food safety, the principal must require the contractor to take corrective measures immediately. If there is a potential food safety risk, the principal should require the contractor to stop production and report the situation to the county-level market supervision department.

Article 16
The contractor must carry out food inspections according to national regulations and keep records and samples of the products. The principal may request samples from the contractor for independent verification. The principal should inspect the contractor’s inspection reports and, if necessary, conduct their own sampling and testing to ensure the food complies with legal and safety standards. Inspection records and product samples must be kept for at least six months after the expiration date; if there is no clear expiration date, the retention period must be no less than two years.

Article 17
If either party discovers that the contracted food does not meet food safety standards or has evidence that it may harm human health, they must immediately notify the other party to stop production and business activities. The principal must recall the affected food from the market, notify relevant operators and consumers, and document the recall and notification process. The contractor must assist in the recall.

Article 18
Both parties must cooperate with market supervision departments in the supervision and administration of food contract manufacturing.

Article 19
Market supervision departments must check food contract manufacturing during routine inspections, record the results, and file them for future reference. The inspections should focus on the following key issues:

1. Qualifications of both parties.
2. Contract manufacturing agreements, contract duration, types of food, applicable standards, and the implementation of contract manufacturing reporting system.
3. Food safety management systems and personnel.
4. Supervision by the principal over the contractor’s production.
5. Self-inspections conducted by the principal.
6. Food labeling.
7. Inspection records and product samples.
8. Other matters requiring focused inspection according to the "Regulations on Food Production and Operation Supervision and Inspection."

Article 20
Market supervision departments at the county level and above should strengthen information sharing and law enforcement collaboration to jointly prevent food safety risks in contract-manufactured food. If illegal activities are discovered, the market supervision department should handle them according to the law. If the contractor’s or principal’s production site is not within the jurisdiction, they should promptly notify the relevant local market supervision department. The receiving department should verify and act quickly to manage food safety risks and deal with any illegal behavior.

Article 21
Market supervision departments should keep records of daily inspections, violations, and other activities related to the contract manufacturing process in the food safety credit file.

Article 22
If the principal violates Article 3, Paragraph 1 of these Measures, they shall be ordered by the market supervision department to make corrections within a prescribed period. If the correction is not made or the situation is serious, a fine of between 30,000 and 100,000 yuan shall be imposed. If the contractor violates Article 4, the market supervision department shall impose penalties in accordance with Article 49 and Article 53, Paragraph 3 of the "Food Production License Management Measures."

Article 23
In the following circumstances, the market supervision department at the county level or above shall order correction and impose a fine of less than 50,000 yuan:

1. The principal violates Article

3, Paragraph 2 by contracting out part of the food production process for food that requires complete processing.
2. The principal knowingly contracts production to a contractor without the required production capacity or food safety assurance capabilities.
3. Both parties violate Article 8 by failing to verify and record the other party’s qualifications, or failing to retain the records for the required period.
4. Both parties violate Article 9, Paragraph 4, by using the contract to reduce or exempt their food safety responsibilities.
5. The principal violates Article 11, Paragraph 2 by refusing to allow the contractor to carry out inspections and record-keeping duties.

Article 24
In the following circumstances, the market supervision department shall impose penalties in accordance with Article 126, Paragraph 1 of the "Food Safety Law of the People's Republic of China":

1. The principal violates Article 5 by failing to establish a food safety management system or failing to assign food safety personnel.
2. The principal violates Article 15 by failing to conduct regular safety assessments.
3. Both parties violate Article 16 by failing to perform inspection duties.

Article 25
If the principal or contractor fails to fulfill reporting obligations as specified in Article 10, they will be ordered to correct the situation and receive a warning. If they refuse to correct the situation, a fine of between 2,000 and 10,000 yuan will be imposed. If false information is provided, a fine of between 5,000 and 30,000 yuan will be imposed.

Article 26
If the principal or contractor provides food raw materials, food additives, or packaging materials that do not meet food safety standards as stipulated in Article 11, the market supervision department will impose penalties according to Article 125, Paragraph 1 of the "Food Safety Law."

Article 27
If the labeling of pre-packaged contract-manufactured food does not comply with Article 13, the market supervision department will impose penalties according to the relevant regulations on food labeling supervision and management.

Article 28
If the contract-manufactured food does not comply with laws, regulations, or food safety standards, the market supervision department will impose penalties according to relevant laws. In the following circumstances, the penalties will be more severe:

1. The principal encourages, coerces, or indirectly forces the contractor to violate laws or food safety standards.
2. The principal fails to supervise the contractor's production activities.
3. The contractor knowingly accepts production of food that does not comply with laws or standards.
4. The contractor avoids supervision by the principal.
5. Other circumstances that require more severe penalties.

Article 29
If there are specific laws, administrative regulations, or national provisions on the production or processing of special foods, they will apply. For food contracted for production only for export or for production by foreign companies in China, the provisions regarding food imports and exports under the "Food Safety Law" and its implementation regulations shall apply.

Article 30
These Measures shall come into effect on December 1, 2026.
Issued by the State Administration for Market Regulation.

Reference

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2025/art_74811c636abe401b9448db01b2b6cf35.html