Measures of People's Republic of China (PRC) Municipality on the Administration of Import and Export Food Safety (202 1)

Chapter I General Provisions Article 1 In order to ensure the safety of imported and exported food and protect the lives and health of human beings, animals and plants, the following activities shall be conducted in accordance with the People's Republic of China (PRC) Food Safety Law (hereinafter referred to as the Food Safety Law) and its implementing regulations, the People's Republic of China (PRC) Customs Law, the People's Republic of China (PRC) Import and Export Commodity Inspection Law and its implementing regulations, the People's Republic of China (PRC) Entry-Exit Animal and Plant Quarantine Law and its implementing regulations, and Article 2 of the People's Republic of China (PRC) Customs Law:

(1) Production and operation activities of import and export food;

(2) The Customs shall supervise the producers and operators of import and export food and the safety of their import and export food.

The production and operation activities of the import and export of food additives and food-related products shall be carried out in accordance with the relevant provisions of the General Administration of Customs. Article 3 The food safety work for import and export shall adhere to the principles of safety first, prevention first, risk management, whole process control and international governance. Article 4 Producers and operators of import and export foods shall be responsible for the safety of import and export foods produced and operated by them.

Import and export food producers and operators shall engage in import and export food production and business activities in accordance with international treaties and agreements concluded or acceded to by China, laws and regulations of China and national food safety standards, accept supervision and management according to law, ensure the safety of import and export food, be responsible to the society and the public, and assume social responsibilities. Article 5 The General Administration of Customs shall be in charge of the supervision and administration of import and export food safety throughout the country.

Customs at all levels shall be responsible for the supervision and administration of import and export food safety within their respective jurisdictions. Article 6 The customs shall use information technology to improve the level of food safety supervision for import and export. Article 7 The Customs shall strengthen the publicity and education on import and export food safety, and popularize food safety laws, administrative regulations, national standards and food safety knowledge.

The Customs has strengthened exchanges and cooperation with international food safety organizations, overseas government agencies, overseas food industry associations and overseas consumer associations to create an international governance pattern for import and export food safety. Article 8 Customs personnel engaged in the supervision and administration of import and export food safety shall have relevant professional knowledge. Chapter II Import of Food Article 9 Imported food shall conform to the laws and regulations of China and the national food safety standards. If there are special requirements for international treaties and agreements concluded or acceded to by China, they shall also meet the requirements of international treaties and agreements.

The import of food without national food safety standards shall conform to the requirements of the temporarily applicable standards promulgated by the administrative department of health of the State Council.

The food produced by using new food raw materials shall obtain the hygiene administrative license of new food raw materials from the health administrative department of the State Council in accordance with the provisions of Article 37 of the Food Safety Law. Article 10 The customs shall assess the conformity of imported food according to the relevant laws and administrative regulations on the inspection of import and export commodities.

The activities of conformity assessment of imported food include: assessment and review of the food safety management system of overseas countries (regions) that export food to China (hereinafter referred to as overseas countries (regions)), registration of overseas production enterprises, filing and conformity assurance of importers and exporters, quarantine examination and approval of imported animals and plants, inspection of attached certificates, document review, on-site inspection, supervision and sampling inspection, inspection of import and export sales records and their combinations. Article 11 The General Administration of Customs may evaluate and review the food safety management system and food safety status of overseas countries (regions), and determine the corresponding inspection and quarantine requirements according to the evaluation and review results. Article 12 Under any of the following circumstances, the General Administration of Customs may initiate the assessment and review of overseas countries (regions):

(1) An overseas country (region) applies for exporting a certain kind of food to China for the first time;

(2) The laws, regulations and organizations of overseas countries (regions) on food safety and animal and plant quarantine have undergone major adjustments;

(3) The competent department of an overseas country (region) applies for a major adjustment to the inspection and quarantine requirements of a certain type of food exported to China;

(4) Major animal and plant epidemics or food safety incidents have occurred in overseas countries (regions);

(five) the customs found that there are serious problems in the food exported to China, and that there are animal and plant epidemics or food safety hazards;

(six) other circumstances that need to be evaluated and reviewed. Thirteenth overseas countries (regions) food safety management system evaluation and review mainly includes the following evaluation and confirmation:

(1) Laws and regulations on food safety and animal and plant quarantine;

(2) Food safety supervision and management institutions;

(3) Animal and plant epidemic situation and prevention and control measures;

(four) the management and control of pathogenic microorganisms, agricultural and veterinary drugs and pollutants;

(5) Safety and hygiene control of food production, processing, transportation and storage;

(6) Supervision and administration of export food safety;

(seven) food safety protection, traceability and recall system;

(8) Early warning and emergency response mechanism;

(9) technical support ability;

(ten) other situations involving animal and plant epidemics and food safety.