Import and Export Food Safety Management Measures (2018 revision)

Chapter 1 General Provisions Article 1 In order to ensure the safety of imported and exported food and protect human, animal and plant life and health, in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law) and its implementation regulations, the "Import and Export Commodity Inspection Law of the People's Republic of China" and its implementation regulations, the "Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine" and its implementation regulations, and the "State Council's Notice on Strengthening Food, etc." These Measures are formulated in accordance with the provisions of laws and regulations such as "Special Provisions on Product Safety Supervision and Administration". Article 2 These Measures apply to the inspection, quarantine, supervision and management of imported and exported foods.

The safety management of imported and exported food additives, food-related products, fruits, and edible live animals shall be implemented in accordance with relevant regulations. Article 3 The General Administration of Customs is responsible for the supervision and administration of imported and exported food safety nationwide.

The competent customs office is responsible for the supervision and management of imported and exported food safety within its jurisdiction. Article 4 The General Administration of Customs implements registration management for overseas production enterprises of imported food, implements record-keeping management for exporters or agents exporting food to China, conducts inspection of imported food, implements record-keeping management for export food production enterprises, and implements record-keeping management for export food Raw material planting and breeding farms are subject to record-keeping management, export food is subject to supervision and random inspection, imported and exported food is subject to classified management, and imported and exported food producers and operators are subject to integrity management. Article 5 Import and export food producers and traders shall engage in production and business activities in accordance with the law, be responsible to society and the public, ensure food safety, be honest and trustworthy, accept social supervision, and assume social responsibilities. Article 6 Customs personnel engaged in the supervision and management of imported and exported food safety should have relevant professional knowledge and perform their duties diligently. Chapter 2 Food Import Article 7 The General Administration of Customs shall evaluate the food safety management system and food safety status of countries or regions that export food to China in accordance with laws and regulations, and conduct retrospective reviews based on the needs for imported food safety supervision and management.

The General Administration of Customs shall determine the corresponding inspection and quarantine requirements based on laws and regulations, national food safety standard requirements, domestic and foreign epidemic disease and toxic and harmful substance risk analysis results, and combined with the assessment and review results specified in the preceding paragraph. Article 8 Imported food shall comply with China’s national food safety standards and relevant inspection and quarantine requirements. Before the promulgation of national food safety standards, inspections shall be carried out in accordance with the mandatory standards in the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards and industry standards related to food.

For first-time imported food that does not have national food safety standards, the customs shall conduct inspections in accordance with the temporarily applicable standards decided by the health administration department of the State Council. Article 9: The General Administration of Customs implements a registration system for overseas food production enterprises that export food to China, and the registration work is carried out in accordance with the relevant regulations of the General Administration of Customs.

Exporters or agents exporting food to China must register with the General Administration of Customs. Exporters or agents applying for registration shall provide enterprise registration information in accordance with the registration requirements and shall be responsible for the authenticity of the information.

The registration and filing list shall be published on the website of the General Administration of Customs. Article 10 If imported food needs to go through entry animal and plant quarantine approval procedures, it must obtain the "People's Republic of China Entry Animal and Plant Quarantine License" before importing. Article 11: Designated ports shall be implemented for imported high-risk foods that may contain animal and plant epidemic diseases or toxic and harmful substances. The conditions and list of designated ports are formulated and published by the General Administration of Customs. Article 12 Importers or their agents of imported food shall, in accordance with regulations, submit the following materials to the customs for inspection:

(1) Contract, invoice, packing list, bill of lading and other necessary documents;< /p>

(2) Relevant approval documents;

(3) Official quarantine (health) certificate of the exporting country (region) required by laws, regulations, bilateral agreements, protocols and other regulations;

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(4) When importing prepackaged food for the first time, imported food label samples and translations must be provided.

When applying for inspection, the importer or his agent shall report the imported food according to product name, brand, country of origin (region), specifications, quantity/weight, total value, production date (batch number) and Other contents specified by the General Administration of Customs shall be declared one by one. Article 13 The customs shall review the inspection application materials submitted by the importer or its agent. If they meet the requirements, the customs will accept the inspection application. Article 14 The packaging and transportation tools of imported food shall comply with safety and health requirements.

Article 15 Chinese labels and Chinese instructions for imported prepackaged foods shall comply with the provisions of Chinese laws and regulations and the requirements of national food safety standards. Article 16 Customs shall inspect whether the label content complies with laws, regulations and national food safety standards, as well as the authenticity and accuracy of quality-related content, including format and layout inspection and compliance testing of label content.

If the imported food labels or instructions emphasize awards, certificates, production areas and other contents, or emphasize the inclusion of special ingredients, corresponding supporting materials must be provided. Article 17 Before obtaining the inspection and quarantine certificate, imported food must be stored in a place designated or recognized by the customs. No unit or individual may use it without permission from the customs. Article 18 If imported food passes inspection and quarantine, the customs shall issue a certificate of compliance and be allowed to be sold and used. The certificate of conformity issued by the customs shall list the name, brand, country (region) of origin, specification, quantity/weight, and production date (batch number) of the goods one by one. If there is no brand or specification, it shall be marked "none".

If imported food fails inspection and quarantine, the customs will issue a certificate of failure. If the items related to safety, health, and environmental protection are unqualified, the customs will order the parties concerned to destroy them, or issue a return processing notice, and the importer will handle the return procedures. If other items are unqualified, they can undergo technical processing under the supervision of the customs. Only after passing the re-inspection can they be sold and used.