Administrative Measures On Import And Export Food Safety

Original Language Title: 进出口食品安全管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201112/20111200359086.shtml

Administrative measures on import and export food safety

    (September 13, 2011 State General Administration of quality supervision, inspection and quarantine, the 144th published since March 1, 2012) Chapter I General provisions

    First article for guarantee import and export food security, protection human, and flora and fauna life and health, according to People's Republic of China food security method (following referred to food security method) and implementation Ordinance, and People's Republic of China import and export commodity test method and implementation Ordinance, and People's Republic of China inbound and outbound flora and fauna quarantine method and implementation Ordinance and State on strengthening food, products security supervision management of special provides, legal regulations of provides, developed this approach.

    Second approach applies to the inspection and quarantine of imported and exported food and supervision and management.

    Related products import and export of food additives, food, fruit, food safety management of activities carried out in accordance with the regulations.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) responsible for supervision and administration of import and export food safety nationwide.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine institutions) under the unified leadership of the State administration of quality supervision, import and export food safety supervision and administration in accordance with law.

    Fourth article national quality General on imports food outside production enterprise implementation registered management, on to China territory export food of exporters or agents implementation record management, on imports food implementation test, on export food production enterprise implementation record management, on export food raw materials planting, and farms implementation record management, on export food implementation supervision, and sampling, on import and export food implementation classification management, and on import and export food production operators implementation integrity management.

    Fifth article import and export food producers and traders shall engage in production and business activities in accordance with law, on social and public accountability, ensure food safety, honesty and trustworthiness, subject to public supervision, and social responsibility.

    Sixth inspection and quarantine institutions engaged in the import and export food safety supervision and administration of personnel (hereinafter referred to as inspection and quarantine personnel) should have the relevant expertise and due diligence.

    Chapter II food imports

    Seventh national quality inspection administration of China have according to Chinese laws and regulations on food from countries or regions and food safety assessment of food safety management system, and imported food safety supervision and management need to be retrospectively reviewed.

    AQSIQ according to Chinese laws and regulations, national standards for food safety requirements, epidemic diseases and toxic substances risk analysis results at home and abroad, combined with the results of assessment and review of the provisions of the preceding paragraph, determine the appropriate inspection and quarantine requirements. Eighth imported food should be in line with China's food safety standards and inspection and quarantine requirements.

    Before the publication of food safety standards, according to the current quality of edible agricultural products safety standards, standards of food hygiene, food quality standards, and industry standards in the enforcement of standards related to food inspection.

    There are no national standards for food safety food imports for the first time, importers shall submit to the inspection and quarantine authorities of license documents issued by the health Administrative Department under the State Council, inspection and quarantine agencies shall, in accordance with the requirements of the health Administrative Department under the State Council for examination.

    Nineth AQSIQ in China have on food the outbound food production enterprises to implement a registration system, registration provisions according to the AQSIQ. Exports to China of food exporters or agents shall be filed with the State administration of quality supervision record.

    Apply for registered exporters and agents enterprises record information should be provided in accordance with the filing requirements, and be responsible for the authenticity of the information.

    Registration and filing the list shall be published in the Agency's website.

    Article tenth of imported food quarantine of entry and approval formalities necessary, should be made of the People's Republic of China quarantine of entry permit before they can import. 11th may exist on imported plant and animal epidemic disease or toxic substances high risk foods subject to designated port of entry.

    Specifies the port conditions and directory published by the State administration of quality inspection and.

    12th imported the importer or his agent shall, in accordance with the provisions of the food, the following materials to customs inspection, inspection and quarantine institutions:

    (A) the contract, invoices, packing lists, bills of lading and other necessary documents;

    (B) the related approval documents;

    (C) the laws, regulations and bilateral agreements, protocols and other provisions required by the exporting country (region) official quarantine (hygienic) certificate;

    (D) first imported prepackaged food, imported food labels should be provided through a translation;

    (E) there are no national standards for food safety food imports for the first time, it shall provide proof of license provided for in article eighth of this approach;

    (F) imported food should be accompanied by the certificate or other documents.

    When the inspection, food imports by importers or their agents shall be in accordance with the product name, brand, country of origin (region), specifications, quantity/weight, value, date of production (batch) and other contents prescribed by siqsaq declarations one by one.

    13th inspection and quarantine institutions to importers or their agents to submit audit inspection of materials, to meet the requirements of receiving inspection.

    14th the packaging of imported food and means of transport shall conform to the requirements of safety and health.

    15th imported prepackaged food labels and instructions in Chinese shall be in conformity with the laws and regulations of China provisions and requirements of the national standard on food safety.

    16th inspection and quarantine agencies whether the label content should be in line with laws and regulations and food safety standards as well as about the truthfulness and accuracy of the content and quality testing, including testing format layout and content of the label callout compliance testing.

    Imported food labels and instructions highlighted in award-winning, certified, regions, and other content, or stressed with special ingredients, shall provide appropriate proof.

    17th imported food prior to make inspection and quarantine certificates, shall be deposited in the supervision of inspection and quarantine institutions designated or approved sites, without permission of the inspection and quarantine authorities, no unit or individual shall not be used. 18th qualified through inspection and quarantine of imported food, certificates issued by the inspection and quarantine agency allowed sales and use.

    Certificates issued by the inspection and quarantine authorities should be listed one by one name of goods, brand, country of origin (region), specification, quantity/weight, date of production (batch), brand, size, shall be marked "no". Failed to pass the inspection and quarantine of imported foods, the inspection and quarantine authorities issued certificates. Relating to safety, health and environmental protection project is not qualified, the inspection and quarantine authorities shall order the parties to destroy or return processing notice issued by, returned formalities by the importer.

    Other projects are not qualified, can be carried out under the supervision of the inspection and quarantine technology, after the newly-qualified, may be sold, and used. 19th importer for imported food inspection and quarantine agencies implement records management.

    The importer should apply to local inspection and quarantine authorities for the record, and include the following materials:

    (A) fill in accurate and complete application form for importers;

    (B) the business license and organization code certificate, ID card of the legal representative of Ming and foreign trade operator registration form and submit a copy of the original;

    (C) quality and safety management systems;

    (D) organization associated with food safety, departments, functions and responsibilities;

    (E) operate food type, location;

    (F) within 2 years had engaged in the import, processing and sale of food, should provide an explanation (food variety, quantity);

    (G) self inspection, should provide quarantine report self-registration and submit the original copy of the certificate.

    Inspection and quarantine institutions verify Enterprise provides the information, granted the record. 20th article import food importer shall establish a food import and sales records system, record of import food hygiene certificate number, name, size, quantity, date of production (batch), shelf-life purchases, exporters and the name and contact information, date of delivery, and so on.

    Records shall be true to the retention period shall be not less than 2 years.

    Inspection and quarantine institutions within their jurisdiction should be the importer's import and sales records to be checked.

    Article 21st AQSIQ imported food safety risk monitoring system, organizations in the development and implementation of annual imports of food safety risk monitoring plan.

    According to the State administration of quality supervision inspection and quarantine institutions import the food safety risk monitoring plan, organizations risk monitoring of imported foods, report results.

    Inspection and quarantine authorities should be based on import food safety risk monitoring results, adjusted on the basis of risk analysis in inspection of imported food quarantine and monitoring measures.

    22nd article import of food and raw materials used for processing and re-exported, the inspection and quarantine agencies in accordance with the food export destination (region) the compulsory requirements of the technical specifications or trade the contract requirements for test.

    23rd inspection and quarantine institutions found to be in compliance with the statutory requirements for imported food, imported food does not meet the statutory requirements can be foreign manufacturers and exporters, domestic importers, inspection, agents in the record list are in violation are subject to administrative penalties, and can be included in the list of unlawful enterprises and made public.

    Chapter III food exports

    Article 24th food producers and traders shall ensure its food exports meet importing countries (area) the standards or requirements of the contract.

    Importing countries (regions) no relevant standards and contract requirements, should ensure that exported food meets food safety standards in China.

    25th export food production enterprises shall establish and improve the quality and safety management system.

    Export food production enterprise shall set up raw materials, auxiliary materials, food additives, packaging materials, containers and raw materials purchase check record system.

    Export of food production enterprises shall establish production records, record food production safety management in the process.

    Food manufacturers-factory check record system should be established, in accordance with the requirements of this regulation on the export of food tested, examined and passed before the inspection.
Such records shall be true to the retention period shall be not less than 2 years.

    Article 26th AQSIQ filing system for exported food manufacturers, record-keeping provisions according to the AQSIQ.

    27th, inspection and quarantine of export food production within the Agency are responsible for the area of quality and safety management system of supervision and management. 28th AQSIQ on the export of food raw material cultivation, farm implement records management.

    Export of food raw material cultivation, farms should be located, inspection and quarantine institutions filing procedures. Implementing records management list of varieties of raw materials (hereinafter list) and record conditions shall be separately formulated by the AQSIQ.

    Raw material included in the list of exported food, should come from the record plant and fish farms.

    AQSIQ announced unified record raw material cultivation, farm list.

    Article 29th record planting, farm home inspection and quarantine agencies on record planting, farm implement supervision and inspection, do not meet filing requirements, to the local government authorities, inspection and quarantine of export food production enterprises are located bodies informed.

    Production of local inspection and quarantine authorities shall be submitted for the record plant inspection and quarantine institutions, farms located plant, farms provide raw material quality and safety and sanitary conditions. Article 30th cultivation, farm material production record-keeping system should be established and production records shall be true to the record retention period shall be not less than 2 years. Record plant, farms should be in accordance with the importing country (region) food safety standards and relevant use of agro-chemical inputs, and epidemic disease monitoring system.

    The record plant, farms should be issued for the production of each batch of raw material exports food processed raw materials supply supporting documents.

    31st AQSIQ to export food safety risk monitoring system, organizations in the development and implementation of annual exports of food safety risk monitoring plan.

    According to the State administration of quality supervision inspection and quarantine agencies export food safety risk monitoring plan, organization of export food monitoring within their respective jurisdictions, reporting results.

    Inspection and quarantine agencies shall, in accordance with food safety risk monitoring results, risk analysis based on the adjustment of export food inspection and quarantine and regulatory measures. Article 32nd exporters or their agents shall comply with the requirements of the food, contract, invoice, packing list, factory certificate, proof of export food processing raw materials supply and other necessary documents and related approval documents to the inspection and quarantine of export food production enterprises are located Agency inspection.

    When the inspection, exports of foodstuffs should be in accordance with the name, specification, quantity/weight, production date declaration one by one.

    Article 33rd classified management according to export food inspection and quarantine requirements, varieties of local food for export, export in the past, safety records and importing countries (regions) requirements and other related information by means of risk analysis to develop the area exported food sampling plan.

    Inspection and quarantine authorities in accordance with the sampling plan and the corresponding rules, regulations and related requirements for export of food sampling.

    There is a bilateral agreement, in accordance with the requirements imposed on exported food sampling. Article 34th food exports meet the export requirements, clearance certificate issued by the inspection and quarantine authorities in accordance with the provisions, and, if necessary, issue a certificate.

    Export of food importing countries (regions) of new requirements to the form and content of the certificate, upon approval by the State administration of quality supervision, inspection and quarantine institutions may change the certificate. Failed to pass the inspection and quarantine of export food, the inspection and quarantine authorities issued certificates.

    Of technical processing is allowed by law, shall be carried out under the supervision of the inspection and quarantine technology, after passing the exit law after treatment, the treatment is not possible or is not qualified, may be exported.

    35th export food and means of transport shall conform to the requirements of safety and health, and inspection and quarantine.

    Article 36th shipment export perishable foods, frozen food containers, holds of ships, aircraft, vehicles and other means of delivery, the carrier, packing units or his agent shall apply to the inspection and quarantine before shipment to clean, sanitary, refrigeration, dense solid fitness inspection without inspection or failed to pass the inspection, shipment is not allowed. 37th export food production enterprises shall be indicated on the transport packaging manufacturer name, filing number, product name, lot number and date of manufacture. Inspection and quarantine agency shall indicate in the certificate issued by the above information.

    Importing countries (regions) or special requirements of the contract, on the premise of guarantee product traceability, agreed by the Bureau of inspection and quarantine, tagging content can be adjusted appropriately.

    Need to add mark of inspection and quarantine, according to the State quality inspection administration of enforcement.

    Article 38th inspection and quarantine of export food inspection and quarantine agencies compliance with export requirements to the port, the origin of inspection and quarantine institutions can take to monitor loading, applied to supervise and administer the seal or by other means.

    39th inspection and quarantine of export food inspection and quarantine agencies compliance with export requirements, port inspection and quarantine agencies in accordance with the provisions implementing checks port failed to pass the checks, may not be exported. Port inspection and quarantine authorities should be informed in a timely manner the information origin inspection and quarantine authorities, and reported in accordance with regulations.

    Inspection and quarantine agencies shall, in accordance with the unqualified reason take appropriate supervisory measures.

    40th inspection and quarantine institutions found to be in compliance with the statutory requirements for exported food, production operators can be included in the record list are in violation are subject to administrative penalties, and can be included in the list of unlawful enterprises and made public.

    The fourth chapter risk early warning and related measures

    41st AQSIQ risk early-warning system for imported and exported food.

    Serious food security problems found in import and export food or outbreaks, both inside and outside, as well as food safety incidents or outbreaks may affect the import and export food safety, State administration of quality supervision and inspection and quarantine authorities should take the risk warning and control measures in a timely manner.

    42nd State General Administration of quality supervision and inspection and quarantine authorities of import and export food safety information collecting network should be established to collect and collate information on food safety, including:

    (A) the inspection and quarantine agencies for food import and export inspection and quarantine of food security information;

    (B) the imported food safety information reflected by industry associations, consumers;

    (C) international organizations and foreign government agencies publish information on food safety, risk information, as well as outside organizations such as industry associations, consumer food safety information reflected;

    (D) other food safety information.

    Inspection and quarantine institutions approved, finishing 43rd of food safety information, in accordance with the provisions of the requirements and procedures to report to the State administration of quality supervision, relevant departments and local governments.

    44th state general administration of quality supervision and inspection and Quarantine Bureau in accordance with the relevant provisions on the collection of information on food safety risk analysis study to determine risk level information. 45th State General Administration of quality supervision and inspection and Quarantine Bureau shall, in accordance with the level of food safety risk information inform the issue risk warnings.

    AQSIQ can issue warning notices, as appropriate, and decided to take the following measures:

    (A) conditions to restrict the import, include strict monitoring, tightened inspection, shall be ordered to recall and so on;

    (B) prohibit the import and export, destroyed or returned;

    (C) start the import and export food safety emergency preparedness.

    Inspection and quarantine institutions responsible for implementation of risk warning and control measures. Article 46th AQSIQ can refer to the international standards and practices, of uncertain risks directly inform the issue risk warnings or warning notifications, control measures provided for in this approach and 45th.

    And timely collection and add the relevant information and data for risk analysis.

    47th article import and export food safety risks no longer exists or has been reduced to an acceptable level, should be relieved early-warning notification and alert notifications and control measures. 48th article import food safety problems, has been or may be damaging to human health and safety, imported food importer shall take the initiative to recall and report to the local inspection and quarantine authorities.

    Imported food importers shall be announced to the public for information, notify the seller to stop sales, advised consumers to stop using the recalled food records.

    Inspection and quarantine authorities after receiving the report, shall organize the checks, according to sphere of influence reported in accordance with regulations. Recall of imported food importer does not take the initiative to implement, be ordered by the inspection and Quarantine Bureau to issue a recall notice and report the AQSIQ. If necessary, the State quality inspection Administration may order the recall.

    AQSIQ issued a risk warning notification or alert notifications and take the 45th under these measures and other measures to avoid damage.

    49th found exporting food security issues, have been, or may cause damage to human health and safety, food producers and traders shall take measures to avoid and reduce the occurrence of damage and immediately report to the local inspection and quarantine authorities.

    50th inspection and quarantine institutions to perform their duties of supervision and management of food import and export inspection and quarantine have the right to take the following measures:

    (A) entering the place of business to conduct inspections;

    (B) read, copy, attachment, seizure-related contracts, notes, account books and other relevant materials;

    (C) the seizure, seizure of products that do not meet the statutory requirements, and illegal use of raw materials, auxiliary materials, additives, agricultural inputs and tools, equipment used for illegal production;

    (D) seizure of harm to people's health and life safety hazard place.

    51st inspection and quarantine agencies shall, in accordance with the relevant provisions of the control measures to be taken to report to the State administration of quality supervision and to local governments and related departments.

    State administration of quality supervision in accordance with the relevant provisions of the relevant food safety information and control measures to the departments concerned.

    The fifth chapter legal liability
52nd in violation of provisions of this regulation article 17th designated places, no illegal gains, the inspection and quarantine agency ordered corrective action and fines of between 10,000 yuan.

    53rd sales and use of inspection does not meet the food safety standards of imported food, the inspection and quarantine authorities in accordance with the food safety law, 89th, 85th penalty shall be imposed.

    54th importers have one of the following, by the inspection and quarantine authorities in accordance with the food safety law, 89th, 87 provides for punishment:

    (A) failure to establish food import and sales records system;

    (B) establish food import and sales records are not faithfully record the import of food hygiene certificate number, name, size, quantity, date of production (batch), shelf-life purchases, exporters and the name and contact details, delivery date and other information;

    (C) establishment of food imports and sales of term less than 2 years of record-keeping.

    55th export food raw material cultivation, farm, one of the following circumstances, the inspection and quarantine agency ordered corrective action and has illegally obtained, fined a maximum of 3 times the illegal income, up to 30,000 yuan; no illegal proceeds, fines of between 10,000 Yuan:

    (A) the export of food raw materials cultivation, illegal use of agro-chemical inputs in the process;

    (B) the related recording is not real or shelf life of less than 2 years.

    Export of food production export raw materials not in accordance with the provisions of the food from the filing bases, in accordance with the provisions of the preceding paragraph shall be punished.

    56th under any of the following circumstances, the inspection and quarantine authorities in accordance with the food safety law, 89th, 85th, penalties shall be imposed:

    (A) no inspection, sampling qualified export without authorization or without supervision;

    (B) unauthorized replacement of the inspection and quarantine agency oversight, inspection and proof of inspection and quarantine of export food.

    57th article import and export inspection and quarantine of food producers and traders, and inspection and quarantine officers of other illegal acts, in accordance with the provisions of relevant laws and regulations.

    The sixth chapter supplementary articles

    58th article import and export food producers include the import and export of food production enterprises, importers and agents.

    59th and from special customs supervision of food as well as border and trade between food import and export inspection and quarantine supervision and administration, according to the State administration of quality supervision regulations.

    60th courier, mail and passengers carried way of imported and exported food should meet state quality inspection administration regulations.

    61st article import and export as a sample, gift, gifts, display items and other non-trade of food, imported as duty-free business, diplomatic and consular use food exports such as consulates, Chinese companies abroad for their food, in accordance with the relevant provisions of the State.

    62nd for Hong Kong and Macau S.A.R., and Taiwan area's food, the State has separately from its provisions.

    63rd this approach by the AQSIQ to interpret. 64th these measures shall come into force on March 1, 2012.