You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 5, 2020

China Tightens Food Safety Standards with Sweeping New Regulations on Food Importation

Southeast Asian food exporters to China should be aware of new regulations announced in late November 2019 by China’s General Administration of Customs (GAC) for all food products. The first is still in draft form and seeks to expand the scope of the GAC’s role in policing all food products, while the second update—already implemented–makes the application process for an import license for animal and plant food products much more rigorous. These two updates deal primarily with the GAC; applicants for an import license must also comply with the regulations of the Chinese Food and Drug Administration.

Draft Update

The GAC issued its Revised Draft Management Rules for the Registration of Overseas Production Enterprises of Imported Food on November 26, 2019, and accepted public comment until December 25, 2019. The draft proposes to expand the scope of registration—from the current requirement of having only overseas manufacturers of meat products, aquatic products, and dairy products register with the GAC—to extend to overseas manufacturers of all food categories who export their products to China. For example, under the draft, manufacturers will need to register with the GAC in categories such as health foods, foods for special medical purposes, infant foods, wines, prepackaged foods like beverages, candy, chocolates, and so on. This means that overseas manufacturers who were previously able to export their food products to China without registering for approval from the GAC will have to register their food products if the draft rules are implemented.

The draft imposes a new risk-based system for registration. Imported foods with higher levels of food safety risks—for example, meat, aquatic, dairy, and edible bird’s nest products—will merit greater scrutiny. Registration for low-risk food categories will be more straightforward and have simpler requirements. The draft also imposes increased responsibility on the exporting country’s local regulatory authority with regard to the supervision and management of manufacturers before, during, and after registration. If the local authority is deficient in its duties, the GAC may reject the manufacturer’s registration. The draft also puts more responsibility on the Chinese importer, which is required to check that the overseas food manufacturer has been properly registered with a confirmed name, address, and registration code.

New Regulations in Effect

Also on November 29, 2019, the GAC released new regulations that add additional scrutiny for foreign applicants looking to secure an import license for plant and animal food products. Applicants now need to undergo an initial documentation review before an application is accepted. Once the application is accepted, the GAC will then form two expert panels to examine the safety, hygiene conditions, and quality control system at the point of manufacture, as well as compliance aspects such as formal business registration and management systems in the applicant’s country of origin. The regulations also require compliance with Chinese regulations and standards, as well as adherence to labor standards equivalent to those imposed on companies registered in China. Current license holders will be able to export and distribute their items until their current license expires. After expiration, they will be subject to the new application procedures.

These new requirements coincide with new certification regulations for organic products, in effect from January 1, 2020. Under these changes, applications for organic certification will only be granted for products found in the “Organic Product Certification Catalogue.” Companies that have received prior certification for products not included in the list can continue using the granted certificate until expiration. However, after expiration, organic products not listed in the new catalogue will no longer be deemed organic-certified.

These new regulations signal a push for the GAC to play a more active role in importing food products from overseas manufacturers. It is recommended that all food exporters to China review their current practices and make sure they are aligned with the GAC’s new regulations currently enforced and those that will be enforced in the near future.

RELATED INSIGHTS​ 

November 13, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2026, part of the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This annual guide offers comparative analysis of franchise laws and regulations across jurisdictions worldwide, providing practical insights for businesses and legal practitioners operating in the global franchise sector. Each country chapter in the 12th edition follows a Q&A format covering key aspects of franchise law and operations, including: Relevant legislation and rules governing franchise transactions Business organization options for franchised operations Competition law considerations Protection of intellectual property and brands Liability issues and risk mitigation Governing law and dispute resolution Real estate matters Online trading regulations Termination requirements Joint employer risks and vicarious liability Currency controls and taxation Commercial agency considerations Good faith obligations and fair dealing requirements Ongoing relationship management Franchise renewal processes Franchise migration procedures Sustainability commitments Electronic signatures and document retention Current developments in the franchise sector The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, provides an in-depth overview of the legal landscape for franchising and franchising-related activities in Thailand. The complete Thailand chapter is available as a PDF below. The Thailand chapter—and the full Franchise 2026 guide—are also freely available on the ICLG website.
November 12, 2025
Thailand’s Customs Department has announced the cancellation of the longstanding de minimis exemption, which waives import duties on goods valued at THB 1,500 or less, as of January 1, 2026. This policy shift will directly impact e-commerce, logistics, and retail sectors, and will have wide-ranging implications for any company involved in cross-border trade with Thailand. Background Under current regulations, imported goods with a customs value (cost, insurance, and freight, or “CIF”) of THB 1,500 or less are exempt from import duties. This has been a cornerstone of the cross-border e-commerce model, allowing for the duty-free import of millions of small parcels. Under the new policy effective January 1, 2026, all imported goods, regardless of value, will be subject to assessment for import duties upon entry into Thailand. The stated rationale for this change is to create fair competition for Thai small and medium-sized enterprises (SMEs), which must pay VAT and other costs on their goods, putting them at a price disadvantage against foreign sellers who utilize the de minimis loophole. Business Implications This policy change will create new costs, compliance burdens, and operational challenges. For foreign e-commerce sellers and platforms: The most direct impact will be the addition of import duties to low-value items. Assuming the costs are passed on to the consumer, the higher prices and potentially more complex or slower customs clearance processes could lead to increased cart abandonment and reduced consumer demand. Businesses should review their pricing models and develop a clear strategy for calculating, declaring, and paying these new duties. For logistics providers and customs brokers: The administrative burden will be considerable. Carriers that previously handled millions of nondutiable parcels will now be required to process them for duty assessment and collection. This may necessitate new IT systems and streamlined processes to avoid delays at
October 24, 2025
Thailand currently lacks a specific franchise act. Consequently, the legality of any franchise agreement is determined by its compliance with various existing laws, such as the Civil and Commercial Code, the Trademark Act B.E. 2534 (1991) (as amended), and the Unfair Contract Terms Act B.E. 2530 (1997). Thailand is a freedom-to-contract jurisdiction. This allows for a high degree of flexibility and autonomy in contractual arrangements, provided that the terms do not violate any laws or public policy and do not fall under the scope of unfair contract terms. Given this, the requirement for fairness in franchise agreement terms often leads to uncertainty, but decisions from the Trade Competition Commission of Thailand (TCCT) can provide guidance on whether specific contentious terms are in fact fair.  One issue worth examining in this light is the inclusion of terms on nonrefundable franchise fees and strict purchasing conditions. Franchise Fee: Unfair to Refuse Refund? Nonrefundable franchise fees represent a significant upfront investment for franchisees, often becoming a point of contention if the franchise relationship deteriorates or the franchisor ceases operations. Their fairness and enforceability are frequently scrutinized by regulatory bodies like the TCCT, highlighting the critical balance between contractual freedom and franchisee protection. Faced with one such case, the TCCT considered whether it was unfair for the franchisor to refuse to refund the franchise fee after the franchisor ceased operations.  The franchisee had entered into a service agreement on August 2, 2021, and begun operating on October 9, 2021. However, by November 21, 2023, the franchisee was notified that the system would be shut down for maintenance, and by December 26, 2023, the franchisor announced the cessation of operations due to financial losses. The franchisee then requested a refund of the franchise fee. Unfortunately for the franchisee, the TCCT found that the franchisor’s