Research on the Deficits and Resolutions of China's Food Recall System: Based on a Comparative Legal Perspective

Huan Chang

doi:10.62051/ijsspa.v10n1.02

Authors

Huan Chang

DOI:

https://doi.org/10.62051/ijsspa.v10n1.02

Keywords:

Food Recall System, Food Safety, Regulatory Improvement, Traceability Mechanism

Abstract

The Food Safety Law of the People's Republic of China (2025 revision) largely maintains the food recall provisions originally established in its 2015 revision. While these revisions represent a refinement of the food recall system, an examination of its past implementation suggests that inherent design flaws and insufficient supporting measures appear unresolved by this amendment, potentially undermining its practical effectiveness. Persistent deficiencies primarily include outdated and ambiguous food safety standards, the impracticality of relying solely on food enterprises as key stakeholders to fulfill recall obligations, and inadequate transparency in the disclosure of regulatory information. Using the comparative legal method, the author draws on the beneficial experiences of the United States' multi-agency collaborative supervision model and Australia-New Zealand's single-agency-led model to propose targeted recommendations: promoting the updating and international alignment of food safety standards, reinforcing governmental regulatory responsibility, increasing the cost of violations while establishing incentive mechanisms to encourage proactive recalls by enterprises, and enhancing platforms for food traceability and recall information. The ultimate objective is to safeguard the safety of every bite of food.

Downloads

Download data is not yet available.

References

[1] Wang,Zongyu . (2009). On Reform and Perfection of the Food Recall System In China(in Chinese). The jurist, (03), 142-147+159-160.

[2] State Administration for Market Regulation, Document Number: Order No. 31 of the State Administration for Market Regulation, Administrative Measures for Food Recalls (2020 Revision), Sec.13, Sec.18.

[3] https://www.samr.gov.cn/zw/zh/art/2023/art_9195382794db4d0193cd7bf8615f4f00.html

[4] https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/zlfzs/art/2023/art_69f5134be46a4c7d8566aa0a4f8e7c41.html

[5] https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/zlfzs/art/2024/art_6a4d19d27bca422dbd726784d7439d0b.html

[6] https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/zlfzs/art/2025/art_cdc38c75aad549d88af6a4c71a4d0ad2.html

[7] First-Instance Judgment: Shanghai Fengxian District People’s Court (2010) Feng Xing Chu Zi No. 195; Second-Instance Ruling: Shanghai First Intermediate People’s Court (2010) Hu Yi Zhong Xing Zhong Zi No. 332.

[8] Zhou, Yuhua. (2025).Research on the Identification Logic and Layered Attribution Model of Responsibility for "Human Machine Co-Driving"(in Chinese).China Journal of Applied Jurisprudence,(06):153-165.

[9] Administrative Ruling of the Xianfeng County People's Court, Hubei Province(2025) Hubei 2826 Xing Shen No. 8.

[10] Wen, Songmei. (2017). A Realistic Examination of the Legal System of Food Recall in Developed Countries and its Inspiration(in Chinese). World Agricultural, (05), 91-96.

[11] Zhang,Junxia, Li,Chunjuan. (2010). Research about Application of Article Fifty-Three of The Food Safety Law of The People‘s Republic of China(in Chinese). Law Science Magazine, (09), 94-97.

[12] Zhang,Weiying. (2003). Information, Trust and Law(in Chinese). Joint Publishing Press, page 43.

[13] Cheng, Yanqing&Huang,Zuhui. (2003). American food recall system and its enlightenment to China's food safety(in Chinese). Economic Review Journal, (01), 39-42.

[14] Source: Website of USDA and HHS. https://www.usda.gov. https://www.hhs.gov.

[15] Recalls & Public Health Alerts | Food Safety and Inspection Service, https://www.fsis.usda.gov/recalls.

[16] Food law, treaties and agreements, https://www.foodstandards.gov.au/about/foodlawandtreaties/Pages/default.aspx.

[17] https://www.foodstandards.gov.au/consumer/safety/Pages/default.aspx

[18] Browse all recalls | Product Safety Australia. https://www.productsafety.gov.au/recalls/browse-all-recalls?f%5B0%5D=field_accc_psa_product_category%3A4786.

[19] Sun, Jin. (2008).Consideration on the Legislation of China's Food Recall System(in Chinese). Journal of Wuhan University of Technology(Social Sciences Edition),(04),553-558.

[20] Unnevehr L & Hoffmann V. (2015) Food safety management and regulation: International experiences and lessons for China (in Chinese). Journal of Integrative Agriculture, Vol 14, (11), pp. 2218-2230.

[21] Wales. C., Harvey. M & Warde. A. (2006). Recuperating from BSE: The shifting UK Institutional Basis for Trust in Food. APPETITE, Vol 47, (9), pp. 187-195.