Quality assurance is not only essential for a food product and a brand but at it's most basic level becomes a safety issue.
 
Quality assurance of dairy products has become a major issue for China after the 2008 melamine milk contamination.  Chinese authorities have stated that they will constantly monitor milk quality to restore consumer's confidence.  The contamination concerned the addition of melamine to dairy products to make them seem high in protein.  This resulted in the death of six children and some further 300,000 further children becoming ill after drinking infant formula.  The repercussions of this are still being felt as China seeks to ensure quality measures are maintained.  In March/April 2011 nearly half of China's 1176 dairies were forced into temporary closure after failing to pass safety inspections.  The dairies could however re-start production if the operators met required standards.  Also retailers must apply for new operating licenses or renew their old ones for the sale of dairy products by the end of July 2011.
 
Consumer confidence in safety and quality is vital and it has been reported that worries about the safety of domestic dairy products in China have led to a big increase in imports. Imports of whole milk powder increased to 414,000 tons last year, up 68 per cent on 2009, according to China's customs authority. 
 
Europe implements quality requirements via the Food Safety Requirements, as set out in Regulation 178/2002, and individual vertical quality composition regulations.   Food is deemed to be unsafe if it is unacceptable for human consumption according to its intended use, for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay.
 
Food hazards and quality loss may occur at a variety of points in the food chain, and it is difficult and expensive to test for their presence. A well structured, preventive approach that controls processes is the preferred method for improving food safety and quality. Many but not all potential food hazards can be controlled along the food chain through the application of good practices i.e. good agricultural practices (GAP), good manufacturing practices (GMP), and good hygienic practices (GHP). Additionally, full traceability requirements should be complied with.

An important preventative approach that may be applied at all stages in the production, processing and handling of food products involves the Hazard Analysis Critical Control Point system (HACCP).

Food Business Operators should implement checks to ensure compliance by their products and HACCP checks and risk assessments. These should be carried out, recorded and monitored. Any audits and/or reports provided for certification/quality/monitoring should be reviewed regularly and any recommendations implemented. A responsive post marketing surveillance system may help to provide an early warning system for any quality and/or safety issue.
 
Where ingredients or products are supplied from third countries it is essential that they comply with the same vigourous quality checks.
 
Advantages of ensuring the highest quality checks are primarily the protection of brand image and market share, limiting liability and possibly insurance premiums, reduction of wastage costs, litigation costs and costs of regulatory compliance, improvement of supplier product quality and improved relationships with trading partners.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 16/05/2011.