According to the traditional management method of the Catalogue of Medicinal and Edible Homologous Substances

Legal analysis: In the practice of Chinese medicine in China, some items are not only medicines, but also have a long history of eating, or are still widely eaten by the people. When they are added to food, they should not be regarded as drugs, but as food raw materials. Therefore, the Food Hygiene Law (for Trial Implementation) stipulates that drugs are not allowed to be added to food except that they are traditionally used as raw materials and seasonings. According to the Food Hygiene Law (for Trial Implementation), the former Ministry of Health formulated and promulgated the Hygienic Management Measures for Prohibiting Food from Adding Drugs, and at the same time published the list of varieties that are both food and medicine (the first batch), including 33 substances. The former Ministry of Health integrated and supplemented the previously published list, and re-published the list of items that are both food and medicine, including 87 substances. The relevant provisions of Article 50 of the current Food Safety Law are effectively connected with the provisions of the original Food Hygiene Law on the management of dual-use substances for food and medicine.

Legal basis: Measures for the Administration of the Catalogue of Traditional Foods and Traditional Chinese Medicine Substances.

I. Revision Background In the practice of traditional Chinese medicine in China, some items are not only medicines, but also have a long history of eating, or are still widely eaten by the people. They are food in themselves. When added to food, they should not be regarded as drugs, but as food raw materials. Therefore, the 1987 version of the Food Hygiene Law (for Trial Implementation) stipulates that drugs are not allowed to be added to food, except for traditional food and drugs as raw materials and seasonings. According to the Food Hygiene Law (for Trial Implementation), the former Ministry of Health formulated and promulgated the Hygienic Management Measures for Prohibiting Food from Adding Drugs, and at the same time published the list of varieties that are both food and medicine (the first batch), including 33 substances. In 2002, the former Ministry of Health integrated and supplemented the previously published list, and re-published the list of items that are both food and medicine, including 87 substances. The relevant provisions of Article 50 of the current Food Safety Law are effectively connected with the provisions of the original Food Hygiene Law on the management of dual-use substances for food and medicine.

Second, the necessity of revision Since the implementation of the "Hygienic Management Measures for Prohibiting Food Dosing", it has played an important role in regulating the management of food and Chinese herbal medicines. In order to effectively fulfill the statutory duty entrusted by the Food Safety Law to the National Health and Family Planning Commission to formulate and publish a list of substances that are both food and Chinese herbal medicines, further standardize the management of substances that are both food and Chinese herbal medicines, ensure their safe use and protect the health of consumers, it is necessary to revise the Hygienic Management Measures for Prohibiting Food from Adding Drugs.

20 13, 10 In June, the Food Department of the National Health and Family Planning Commission entrusted the former Health Supervision Center to take the lead, and together with the National Food Safety Risk Assessment Center, China Center for Disease Control and Prevention, Chinese Academy of Traditional Chinese Medicine, China Institute of Medicinal Plants and other units, organized the revision of the Hygienic Management Measures for Prohibiting Food from Adding Drugs, and incorporated the Measures into the National Health and Family Planning Commission's 20 14 health care. The former Health Supervision Center held many symposiums and expert argumentation meetings of enterprises and industry associations, and repeatedly discussed and revised the relevant contents of the revised measures. On this basis, the Food Department of the National Health and Family Planning Commission, together with the relevant departments of state administration of traditional chinese medicine, the Legal Department of the National Health and Family Planning Commission, the former Health Supervision Center, the Food Safety Risk Assessment Center, the Chinese Academy of Traditional Chinese Medicine and some provincial health and family planning administrative departments, went to two provinces to conduct on-the-spot investigations, convened food safety supervision departments, trade associations, Chinese medicine universities and enterprises, and widely listened to the opinions of all parties, thus forming a draft method for soliciting opinions.