Supervision and Administration Regulations on the Implementation of Food Safety Principal Responsibilities by Live Streaming E-commerce Operators

Starting from March 20, 2026, the "Supervision and Management Regulations on the Implementation of Food Safety Principal Responsibilities by Live Streaming E-commerce Operators" (hereinafter referred to as the "Regulations"), issued by the State Administration for Market Regulation, will officially take effect.  As China's first specialized departmental regulation targeting the sale of food through live streaming e-commerce, the "Regulations" consist of 33 articles and bring live streaming e-commerce platform operators, live streaming room operators, live streaming marketing personnel, and their service agencies under regulatory oversight.  The implementation of the "Regulations" marks a new phase of legalization and standardization for food operations in live streaming e-commerce.  The core provisions of the "Regulations" are as follows:

I. Subject and Liability Allocation

The "Regulations" for the first time include all four types of entities under supervision and clearly delineate the primary responsibilities for food safety.  Platforms act as the "first gatekeepers," required to verify and update live-stream operator information every six months, with hosts completing identity verification and food safety training before their first broadcast.  They must appoint a food safety director and safety officer, establishing a "smart monitoring + real-time inspection" mechanism.  Food production and business operators engaging in live-streaming e-commerce activities must disclose their food production and business licenses, as well as prepackaged food sales records.  Non-food production and business operators entering the live-streaming e-commerce sector must implement strict product selection protocols.  Live-streaming marketing personnel must attend platform-organized food safety training sessions, refraining from falsifying records or refusing participation.  Live-streaming marketing agencies bear management responsibility for their affiliated personnel.

II. Food Access and Qualification Review

The regulations set a baseline for live-stream food sales, explicitly listing 13 categories of prohibited foods, including those without legal qualifications, expired or spoiled products, foods with excessive pesticide or veterinary drug residues, un-inspected livestock and poultry products, and toxic or harmful foods.  Additionally, it mandates that live-stream operators and hosts must conduct substantive pre-sales qualification reviews, verifying documents such as food production and business licenses and product inspection certificates.  Unverified or inadequately reviewed items are prohibited from being sold.  During live streams, food-related qualifications must be prominently displayed on the page.

III. Live Streaming Conduct Standards

The regulations strictly govern food livestreaming promotions and explicitly prohibit various violations: it is forbidden to use technical means or equipment to significantly alter the true color or other sensory characteristics of food, misleading consumers' sensory perception; it is prohibited to explicitly or implicitly claim that food has disease prevention or treatment functions, as well as to use medical terminology; it is not allowed to assert that non-health food products possess health benefits; it is prohibited to confuse ordinary food, special food, and pharmaceuticals; and it is forbidden to make false or misleading commercial claims regarding food origin, ingredients, functions, target populations, testing, certification, quality, or execution standards.

IV. Legal Liability and Penalties

The "Regulations" stipulate the penalties for failing to fulfill the primary responsibility for food safety.  Live-streaming e-commerce operators who do not legally fulfill their primary responsibilities such as product inspection and risk management will face administrative penalties including orders to rectify, fines, and even suspension of operations.  If the actual sales involve food that does not meet food safety standards, the provisions of the Food Safety Law shall apply.

In summary, the "Regulations" mark the beginning of a new era of stringent supervision and strict accountability in live-streaming e-commerce food operations.  All relevant entities are urged to strictly comply with the "Regulations" and uphold the bottom line of food safety.