Export Food Production Enterprise Records Management Requirements

Original Language Title: 出口食品生产企业备案管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201112/20111200359098.shtml

Export food production enterprise records management requirements

    (July 26, 2011 the State General Administration of quality supervision, inspection and quarantine announced the 142th as of October 1, 2011) Chapter I General provisions

    First in order to strengthen food production and food safety and hygiene management, standardized export food production enterprise records management, according to the People's Republic of China food safety law and the People's Republic of China import and export commodity inspection Act and its regulations and other relevant laws, administrative laws and regulations, this provision is enacted.

    Article II countries export food production enterprise records management system.

    Article in the People's Republic of China export food production enterprise records management efforts in this provision shall be applicable.

    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) unified management over exports record food production enterprises.

    National Commission on certification and accreditation Administration (hereinafter referred to as CNCA) organize the implementation of national food production enterprise records management.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) specific areas within food production enterprises filing and supervision and inspection work.

    Article v export food production enterprises shall establish and implement hazard analysis and its prevention and control measures for food safety and hygiene control of core systems and ensure the effective operation of the system, ensuring that export food production, processing and storage continued compliance with relevant statutory requirements and related importers (regional) laws and regulations as well as the export of health food production enterprise security requirements.

    Chapter II filing the contents and procedures of

    Sixth export food production enterprise fails to comply with filing statutory obligations or recording review does not meet the requirements, their products are not exported.

    Article VII food producers for the record when you export, shall submit a written application and the following documents, supporting materials, and responsible for the veracity of its record:

    (A) business licenses, corporate code certificate, the identity of the legal representative or authorized person in charge;

    (B) corporate commitment in line with food hygiene requirements for the production and importing country (region) required statement of self and self reporting;

    (C) the conditions of production (factory floor plans, shop floor), product production and processing technology, critical information, such as processing food raw materials and use of food additives as well as hygienic quality management staff and professional and technical personnel qualification and other basic information;

    (D) develop and implement food safety control systems of basic information;

    (E) food production, as well as other administrative license obtained according to law, provide license photos;

    (Vi) other certification, as well as internal laboratory qualifications and other relevant information.

    Article eighth inspection and quarantine organizations export food production enterprises shall apply from the date of filing in the 5th, on the export of food production enterprises submit a preliminary review of the archival materials, materials are complete and in compliance with the statutory form, be admissible; materials are incomplete or do not comply with the statutory format, it shall inform the export food producing enterprises need a correction in its entirety.

    In order to facilitate enterprises ' export, the inspection and quarantine agencies in accordance with the needs, delegate its affiliates accepts the application for filing and organize the implementation of the work.

    Nineth accepted by the inspection and quarantine agencies within 10th from the filing date of the application, review groups, to export food production enterprises submit compliance documentation to record audit. Need to export food producing enterprises to conduct inspections, should be completed in the 30th.

    Due to their own reasons to finish the file review and field inspection, the extension of time calculation within the specified time limit.

    Assessment personnel shall be subject to the CNCA or qualified inspection and quarantine agencies.

    Article tenth of the following circumstances, the inspection and quarantine agencies shall conduct inspections over the export of food production enterprises:

    (A) the importing country (or region) have special registration requirements;

    (B) must carry out the hazard analysis and critical control point (HACCP) system;

    (C) not included in the management of food production;

    (D) according to export food to the degree of risk and the practical work of the need to conduct inspections.

    CNCA formulated, adjusted and published must implement hazard analysis and critical control point (HACCP) system validation of export food production enterprise-wide.

    Confirmed by the inspection and quarantine institutions, an effective third party certification and other conformity assessment results can be used.

    11th review group should complete the review of export food production enterprises within the 5th, complete the evaluation report, and submitted to the inspection and quarantine authorities. The inspection and quarantine agencies shall from the date of receipt of the assessment report in the 10th, to review the review reports, and make a filing decision.

    Meet the filing requirements, issuing the filing certificate of export food production enterprise (hereinafter referred to as the archival filing of proof), not for the record, shall notify the exporting of food production enterprises, and state the reasons.

    Inspection and quarantine agencies shall promptly exported food production enterprise list in record of CNCA, CNCA Central summary results, and reported that the State General Administration of quality supervision.

    12th the registration certificate is valid for 4 years.

    Food manufacturer needs to extend the record-keeping certification of validity of lawfully obtained, the record should be at least 3 months before the expiry date of the certificate, to the local inspection and quarantine agencies continue application.

    Inspection and quarantine institutions should apply for continued record production of export food Enterprise reviewed, the review of compliance with filing requirements, renewal of the registration certificate.

    13th inspection and quarantine agencies in accordance with export food production enterprise registration number sequence number the record production of export food enterprise management.

    14th export food production enterprise's corporate name, legal representative, business licenses and other matters of record changes shall be from the date of change in the 15th, to the local inspection and quarantine institutions filing procedures.

    15th export food production address relocation, new or rebuilt production workshop as well as significant changes in the health and food safety control system and so on, should report to the local inspection and quarantine authorities before the change, and related matters of record.

    Chapter III filing management

    16th CNCA on the inspection and quarantine of export food production enterprises filing work guidance and supervision.

    The inspection and quarantine agency shall, on the area of production of export food Enterprise conducting supervision and inspection, found violations shall be promptly investigated and the results reported to the CNCA.

    17th inspection and quarantine agencies shall, in accordance with the relevant provisions and exports food risks, development of appropriate record monitoring programme and annual work plans to determine the different types of products production enterprise of export food supervision and inspection frequencies, and the CNCA.

    Only through the file review for the record production of export food enterprise, the inspection and quarantine authorities should be combined with food sampling, conducting on-site inspections as needed.

    18th export food Enterprise shall set up a food safety control system and export food production records, retained for periods of not less than 2 years.

    Export of food production enterprises shall before the end of January each year to the local inspection and quarantine institutions to submit an annual report on.

    19th inspection and quarantine agencies shall establish export food production enterprise records management files, summary information in a timely manner and incorporated into the credit record review export food producing enterprises annual reports on issues related to food production enterprises should strengthen supervision and inspection.

    Inspection and quarantine agencies on export record food production enterprises should be reported to the local government. 20th export of food safety and health issues in food production enterprises shall promptly report to the local inspection and quarantine authorities, and submitted to the relevant materials, root cause analysis and corrective action plan.

    The inspection and quarantine of export food production enterprises should be rectification of on-site supervision and inspection.

    21st export food production enterprises shall have one of the following conditions, the inspection and Quarantine Bureau shall be revoked in the record show that, to be published, and report to CNCA:

    (A) the expiry date of the filed certificate of, did not apply for renewed;

    (B) the registration certificate has expired, the record by the continuation review does not meet the requirements;

    (C) export of food production enterprises terminated according to law;

    (D) do not export food within 2 years;

    (E) other circumstances as stipulated by laws and regulations shall be revoked.

    22nd export food production enterprises shall have one of the following conditions, the inspection and quarantine agencies shall order the rectification, rectification period suspended the filing certificate, and published:

    (A) the export of food safety and health management problems, cannot ensure the health and safety of their products;

    (B) export food production and exports of products because of health and safety aspects of the importing country (region) shall notify the competent authorities;

    (C) export food inspection and quarantine found safety and health issues;

    (D) does not run continuously ensuring effective food safety control system;

    (V) not in accordance with the provisions of amendment or re-registration matters.

    23rd export food production enterprises shall have one of the following conditions, the inspection and quarantine agency shall revoke the registration certificate, to be published, and report to CNCA:

    (A) the export of major food safety accidents;

    (B) cannot be sustained on statutory requirements and in line with China's food importing countries (region) required by laws and regulations;

    (C) by fraud, bribery or other improper means to obtain the registration certificate;

    (D) withheld relevant information from inspection and quarantine institutions, providing false information or refuse to provide authentic materials of its activities;

    (E) rent, lend, transfer, resell, alter the registration certificate;
(Vi) refused to accept the supervision and management;

    (G) export food production and processing in the course of adding non-edible substances, illegal use of food additives and production methods that are not fit for human consumption, processed foods and other acts.

    Because of the preceding paragraph (c) of the revocation of the filing certificate of export food production enterprises allowed to re-apply for the record within 3 years; other acts repealed the record-keeping certification of export food production enterprises allowed to re-apply for the record within 1 year.

    Article 24th of food production enterprises in violation of the People's Republic of China food safety law and the People's Republic of China import and export commodity inspection Act and its regulations and other relevant laws, administrative laws and regulations, in accordance with the relevant regulations will be punished.

    25th CNCA and the inspection and quarantine agency staff in the implementation of record keeping and regulatory work, abuse of power, deception, negligence, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fourth chapter by-laws

    Article 26th export registration of health food production enterprise needs abroad, shall be obtained in accordance with the provisions of the registration certificate, according to the importer and the requirements, submit an application to the local inspection and quarantine institutions and recommended by CNCA exclusively.

    27th production of export food enterprise in these rules do not include export of food additives, food production, processing and storage business.

    28th Macao food supply, border and trade between exporting food, AQSIQ has provided, from its provisions.

    Article 29th of this provision by the State General Administration of quality supervision, inspection and quarantine is responsible for the interpretation. 30th article of the regulations come into force on October 1, 2011. Former State General Administration for quality supervision, inspection and quarantine announced on April 19, 2002 the export administration regulations on registration of health food production enterprise repealed simultaneously.