Aquatic Products Import And Export Inspection And Quarantine Supervision And Administration

Original Language Title: 进出口水产品检验检疫监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347843.shtml

Aquatic products import and export inspection and quarantine supervision and administration

    (January 4, 2011 the State General Administration of quality supervision, inspection and quarantine, the 135th announced as of June 1, 2011) Chapter I General provisions First article for strengthening import and export aquatic products test quarantine and the supervision management, guarantees import and export aquatic products of quality security, prevent animal outbreak incoming outgoing border, protection fisheries production security and human health, according to 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 People's Republic of China border health quarantine method and implementation rules, and People's Republic of China food security method and implementation Ordinance, and

    State Council on strengthening food and other product safety supervision and management of special regulations and other relevant laws and regulations, these measures are formulated.

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

    Article aquatic products mentioned in these measures refers to human consumption of aquatic animals and their products, including Medusa, molluscs, crustaceans, Echinodermata, the first rope, fish, amphibians, reptiles, marine mammals and other aquatic products and marine plants such as algae and their products, not including the water animals and aquatic plant and animal reproductive material.

    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) responsible for supervision and administration of inspection and quarantine of imported and exported aquatic products and nationwide.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for the supervision and administration of inspection and quarantine of imported and exported aquatic products and.

    Fifth inspection and quarantine agencies shall conduct inspection on import and export of aquatic products quarantine, inspection, import and export of aquatic products processing enterprises (hereafter referred to as manufacturer) according to the relevant provisions of regulation requires and AQSIQ to implement credit management and classification system.

    Sixth article import and export of aquatic products production enterprises shall, in accordance with laws, administrative regulations and the relevant standards in production and business activities, social and public accountability, ensure product quality and safety, subject to public supervision, and social responsibility.

    Article seventh issued by the State administration of quality supervision, inspection and quarantine institutions certified by the inspection and quarantine of imported and exported aquatic products personnel records system, without filing officers shall not be issued with a certificate.

    Chapter II import inspection and quarantine

    Eighth imported fishery products shall comply with the Chinese laws, administrative regulations, national standards for food safety, and China signed a related agreement with the exporting country or region, the Protocol, the memorandum provides for the inspection and quarantine requirements and trade contract and quarantine requirements.

    Imported aquatic products there are no national standards for food safety, the consignee shall submit to the inspection and quarantine authorities of license documents issued by the health Administrative Department under the State Council.

    Nineth article national quality General according to China legal, and administrative regulations provides, and food security national standards requirements, and both at home and abroad aquatic products outbreak blight and toxic harmful material risk analysis results, combined on intends to China export aquatic products national or area of quality security management system of effectiveness assessment situation, developed and announced China imports aquatic products of test quarantine requirements; or and intends to China export aquatic products national or area signed test quarantine agreement, determine test quarantine requirements and related certificate.

    Article tenth AQSIQ to export aquatic products to China's exporters or agents for record management, and has been published on a regular basis to qualified overseas manufacturers and list of registered exporters and agents.

    Imported aquatic products of foreign production enterprise registration provisions according to the AQSIQ. 11th consignees of imported aquatic products inspection and quarantine agencies implement records management.

    Has been implemented for the record management of the consignee, shall be handled aquatic products import procedures. 12th consignees of imported aquatic products shall establish a system of aquatic products import and sales records.

    Records shall be true to the retention period shall be not less than two years. 13th State General Administration of quality supervision of health and safety risks higher import amphibians, reptiles, aquatic mammals, as well as other aquatic quarantine examination and approval system.

    The consignee of these products should go through quarantine examination and approval procedures before signing trade contracts, obtain a quarantine of entry permit.

    AQSIQ as needed, in accordance with relevant regulations, can be sent to the pre-screening of imported aquatic products exporting country or region.

    14th aquatic products import or import, the consignee or their agents shall take the output state or inspection and quarantine certificate issued by the official original certificate of origin, trade contracts, bills of lading, packing slips, invoices and other documents to the import inspection and quarantine inspection.

    Accompanying the imported aquatic products exporting country or area official inspection and quarantine certificate shall comply with the requirements for the certificate by siqsaq.

    15th inspection and quarantine institutions to the consignee or their agents to submit relevant documents for approval, meet the requirements of the receiving inspection, to verification and approval number, issued by the entry proof of customs clearance of goods. 16th imported aquatic products should be stored in the inspection and quarantine authorities designated storage refrigerator or other places. Import ports should be commensurate with the number of imported aquatic products in refrigerated warehouses.

    Storage shall comply with the inspection and quarantine requirements for storage of imported aquatic products cold storage cold storage. 17th transport and container shipments imported aquatic products, should be implemented under the supervision of the import inspection and quarantine disinfection treatment.

    Without permission of the inspection and quarantine agencies shall not be unloaded from the means of transport and containers of imported aquatic products without authorization. Import inspection and quarantine in accordance with the provisions of article 18th to conduct inspection and quarantine of imported aquatic products.

    Site inspection and quarantine includes the following elements: (a) check the documents and inspection of goods;

    (B) identification of the packaging in accordance with imported aquatic product packaging essential requirements;

    (C) the import of pests are likely to grow plants salted or dried aquatic products of plant quarantine treatments if necessary;

    (D) identification of the spoilage of goods whether or not they contain foreign bodies, whether dry, presence of blood too much ice and frost. 19th imported pre-packed aquatic product labels should be in line with China's food labeling laws, administrative regulations, rules and regulations, as well as the compulsory requirements of the technical norms of the State.

    Inspection and quarantine authorities in accordance with the provisions on the label of prepackaged products tested.

    20th inspection and quarantine authorities in accordance with the provisions of article imported aquatic products samples, in accordance with the relevant standards, monitoring plans and alert notifications, requests for inspection or monitoring of the following items:

    (A) pathogenic microorganisms, heavy metals, pesticide and veterinary drug residues and other harmful substances;

    (B) disease, parasites;

    (Iii) other requirements of the project. 21st by the inspection and quarantine of imported aquatic products from import inspection and quarantine issued the certificate of inspection and quarantine of entry of goods, admission to the production, processing, sale and use.

    The entry of goods inspection certificate should indicate containers of imported aquatic products, the production lot number, manufacturer and mark the first trace information. Failed to pass the inspection and quarantine of imported aquatic products, the inspection and quarantine issued the notification of inspection and quarantine treatment.

    Related to personal safety, health and environmental protection project is not qualified, and can be carried out under the supervision of the inspection and quarantine technology, the newly-qualified inspection and quarantine before they can sell or use.

    Client applications require proof of claim and other proof of inspection and quarantine institutions to issue the relevant certificate.

    Of the 22nd under any of the following circumstances shall be returned or destroyed:

    (A) subject to import quarantine examination and approval of products, without a valid import quarantine permit;

    (B) must apply for the registration of water, product manufacturing enterprises registered in China;

    (C) no exporting country or effective inspection and quarantine certificate issued by the official bodies in the region;

    (D) relates to personal safety, health and environmental protection project is not eligible.

    Chapter III export inspection and quarantine

    Article 23rd aquatic products for export by the inspection and quarantine agencies for monitoring, sampling, customs inspection and quarantine institutions issue the clearance certificate is released.

    24th inspection and quarantine institutions in accordance with the following requirements on the export of aquatic products and packaging inspection and quarantine:

    (A) the inspection and quarantine requirements in the importing country or area;

    (B) the Chinese Government and the Government of the importing country or region, inspection and quarantine protocols, protocols, memoranda, and the requirements of the inspection and quarantine requirements;

    (C) the laws and administrative regulations of China and the State administration of quality supervision, inspection and quarantine requirements;

    (D) enter the country or region where the official about the quality, quantity, weight, packaging and other requirements; 

    (E) trade and quarantine requirements of the contract. 25th inspection and quarantine agencies to export aquatic products farms implement records management.

    Raw materials for production company aquatic products for export must come from registered farms, approved by the fishery administration departments of the fishing or fishing in the waters, and the inspection and quarantine requirements in line with the intended importing country or region.

    Article 26th record exports of aquatic products farms should meet the following basic conditions and requirements:

    (A) obtaining fishery administrative departments of culture permits;

    (B) has a certain size: Tang or open sea farming water surface area of 50 acres or more, cement ponds surface area of 10 acres or more, ponds within the field standard number;

    (C) adequate water, aquaculture water quality meets the standards for fisheries water quality;

    (D) around livestock and poultry farms, hospitals, chemical plants, landfills and other sources, has facilities for isolation from the external environment, internal environmental health is good;

    (E) the layout is reasonable, comply with the health and epidemic prevention requirements to avoid cross contamination into the;

    (F) drug and feed with an independent separate warehouse, warehouse to maintain a clean, dry, well ventilated, and has dedicated a record into the registration of the library;

    (VII) stocking density fit, equipped with facilities commensurate with the density of oxygen;
(H) the feed feed feed mill from the record by the inspection and quarantine authorities, compliance with the inspection and quarantine of export food animals forage feed regulation requirements;

    (I) do not store and use China, enter the country or the prohibition of the use of drugs and other harmful substances.

    Drugs used should be marked active ingredients, drug-using records, and in strict compliance with the withdrawal period;

    (10) has a comprehensive management organization and writing of aquaculture management systems (including seedling purchasing, production, health and epidemic prevention, use of medicated feeds); (11) equipped with farming technician with appropriate qualification and quality supervisors, farming technician and quality supervisors should be undertaken by different officers, culture technicians are prescription drugs, medicines issued by the quality supervisor.

    Aquaculture technician and quality supervisors shall meet the following requirements:

    1. be familiar with and comply with the relevant laws, administrative regulations, and rules of inspection and quarantine requirements;

    2. be familiar with and abide by the administrative departments of agriculture on aquatic animal diseases and veterinary drug regulations;

    3. familiar with drug residue control in the importing country or area codes and standards;

    4. There are some breeding work experience or a farming background.

    (12) the establishment of important and significant events of the disease reporting system in a timely manner.

    27th record export aquatic products farms in accordance with the following procedures:

    (A) export aquatic products farm to the local inspection and quarantine institutions filing applications, and related materials; (B) the inspection and quarantine authorities in accordance with the provisions of article 26th basic conditions and hygiene requirements, export aquatic products farms of the application record for review.

    Meets the basic conditions and requirements, certified by the Bureau of inspection and quarantine examination and approval issued for the record; (C) the records prove that take effect from the date of issue, period of four years.

    Exported aquatic products farms should be submitted before the expiry of a three-month renewal application;

    (D) the record exports of aquatic products breeding location, name, size, ownership, legal representatives, and change, should be handled at the local inspection and quarantine agencies to reapply for the record or change procedures.

    28th export aquatic products farm for the production of each batch exported aquatic products raw materials proof of delivery.

    29th exported aquatic products farm should be in accordance with the importing country or region, or related to China's food safety standards and the requirement to use feeds, veterinary drugs and other agricultural inputs, prohibition of the purchase or use not in accordance with the importing country or region, or agricultural inputs of Chinese food safety standards. 30th inspection and quarantine institutions supervise on the export of aquatic products farm, organizing inspection and do the related record.

    Supervision and inspection, including the daily and annual audits and other forms of supervision and inspection.

    Inspection and quarantine authorities should be based on risk analysis for record exports of aquatic products farms implement aquatic animal diseases, pesticide and veterinary drug residues, environmental pollutants, water quality, and other toxic and harmful substances, establish a sound security risk information management system of aquatic products for export.

    31st inspection and quarantine agencies in accordance with record management regulations on the export of aquatic products export food production enterprises manufacturing enterprises to implement records management.

    Enter a country or region to China's export aquatic products production enterprise registration requirements, need recommend registering foreign enterprises, according to the State administration of quality supervision-related provisions.

    Article 32nd export production enterprises shall establish and improve traceability of aquatic products quality safety control system, ensuring that export aquatic products from raw materials to finished products may be illegal to use preservatives, preservatives, color retention agent, insurance agent, and so on.

    Enterprises manufacturing export aquatic products processing of raw materials and finished products should be microbes, pesticide and veterinary drug residues, environmental pollutants and other hazardous substances from detection, no self-test capability shall entrust a qualified examination organization examination, and produce effective reports. Article 33rd production processing aquatic products for export should be in farm production batch management of aquatic products, different farm products should not be used as raw material for production of the same production batch processing.

    Aquatic products from raw materials to finished products, production batch should be consistent.

    Production batch number marking requirements until further notice. Article 34th enterprises manufacturing export aquatic products raw materials purchase check record system should be established, verification of material accompanied by the proof of delivery.

    Raw materials purchase check record shall be true to the retention period shall be not less than two years.

    Exported aquatic products manufacturer-factory check record system should be established, check the factory inspection certificate and safety of aquatic products, record of its aquatic products name, specification, quantity, date of manufacture, batch purchases, certificate number, name and contact information, the date of sale, and so on.

    Water factory inspection record shall be true to the retention period shall be not less than two years.

    35th export aquatic products on the packaging shall be in accordance with the country or region require labeling on transport packaging indicate the country or region of destination.

    36th aquatic products for export production companies or their agents shall, according to the State administration of quality supervision and quarantine regulations, trade contracts, manufacturers test report (ex certificate), list of shipment and other relevant documents to the inspection and quarantine inspection.

    When exporting aquatic products export inspection, materials used should be provided in the drug residues, heavy metals, microorganisms and other harmful substances content in line with country or region as well as our request written proof.

    37th inspection and quarantine agencies in aquatic products for export should be pathogenic microbes, pesticide and veterinary drug residues and environmental pollutants such as toxic or harmful substances in the sample on the basis of the risk analysis, and the whole process of production and processing of aquatic products for export of quality and safety control system for verification and monitoring. Article 38th after sampling of aquatic products for export, inspection and quarantine authorities should be based on country or requirement on the export of aquatic products in the area of inspection reports, shipping records and other auditing combining routine supervision, monitoring and inspection, for integrated assessment.

    Comply with the requirements, relevant inspection and quarantine certificate issued; do not meet the requirements, issued unqualified advice. 

    39th export aquatic products production enterprises should ensure that transport of aquatic products for export have a good sealing performance, loaded in a way that effectively avoid pollution of aquatic products to ensure the temperature condition during transport, in accordance with the regulations for cleaning and disinfection, and completes the record. 40th exported aquatic products production enterprises should ensure conformity with the goods and shipping records. Inspection and quarantine authorities should be random. 

    By the inspection and quarantine of aquatic products for export, port inspection and quarantine authorities in the port of inspection does not match the found documents, shall not be released.

    41st export inspection and quarantine of aquatic products is valid for:

    (A) cooling (fresh) fish: seven days;

    (B) dry, frozen, frozen seafood: four months;

    (Iii) other aquatic products: six months. More than validity of inspection and quarantine of aquatic products for export, should be re-inspection.

    Otherwise required by the importing country or region, in accordance with its requirements.

    Supervision and administration of the fourth chapter

    42nd State General Administration of quality supervision on the import and export of aquatic product safety monitoring system based on risk analysis and actual situation of inspection and quarantine focus monitoring scheme, priority surveillance state or district of the import and export of aquatic products and test the project.

    Shall, according to the State administration of quality supervision, inspection and quarantine institutions annual import and export of aquatic product safety risk monitoring plan, develop and implement the Department's implementation of import and export of aquatic products risk management programmes in the region. 43rd State General Administration of quality supervision inspection and quarantine institutions on import and export of aquatic products and the implementation of risk management.

    Specific measures, in accordance with the relevant provisions.

    44th article import and export of aquatic products production enterprise, the consignee, the consignor shall be legal production and management.

    Inspection and quarantine authorities should establish the import and export of aquatic products manufacturer, consignee, shipper record systems are in violation are subject to administrative penalties, and can be included in the list of unlawful enterprises and made public. 

    45th State General Administration of quality supervision and inspection and quarantine agencies shall, in accordance with relevant provisions of the food safety risk management information to the relevant authorities, institutions and corporate information about import and export of aquatic product safety risks, and reported in accordance with the relevant provisions. Article 46th exported aquatic products farm local inspection and quarantine institutions and export production of aquatic products local inspection and quarantine authorities should strengthen collaboration.

    Where the farm farms should be regularly informed of supervision of inspection and quarantine institutions exported aquatic products production enterprises are located, inspection and quarantine institutions; production of aquatic products for export production of enterprises of local inspection and quarantine authorities should be proof of product verification, raw materials and finished products quality and safety inspection and quarantine institutions regularly informed on the farm is located. 47th imported aquatic product safety problems, or of damage to human health and safety, the consignee shall voluntarily recalled and immediately report to the local inspection and quarantine authorities.

    Consignee does not voluntarily recalled, the inspection and quarantine agencies shall, in accordance with the relevant regulations shall be ordered to recall.

    Export of aquatic product safety problems, or of damage to human health and safety, production and operation of aquatic products for export enterprises should take measures to prevent and reduce the occurrence of damage and immediately report to the local inspection and quarantine authorities.

    The circumstances set forth in the preceding two paragraphs, shall timely report to the State administration of quality supervision inspection and quarantine institutions.

    48th exported aquatic products farm has one of the following acts, cancelled registration:

    (A) storing or using China, intending to enter the country or the prohibition of the use of drugs and other harmful substances, the use of drugs does not indicate a valid component or use a medicine containing banned drug additives, in accordance with stipulations in stopping the withdrawal period;

    (B) provide false proof of delivery, or disguised assignment record;

    (C) conceal the major aquaculture diseases or have not been timely reported to the inspection and quarantine authorities;

    (D) refuses to accept the supervision and administration of inspection and quarantine institutions;
(E) the farm name, after the change of the legal representative does not apply in the 30th;

    (F) aquaculture expansion, use of new drugs or new feeds, or after significant changes in the quality and safety system in the 30th was not reported to the inspection and quarantine agencies;

    (VII) no export supply within a year;

    (H) fails to apply for registration renewed;

    (I) failed to pass the annual examination.

    49th exported aquatic products production enterprise, one of the following acts, the inspection and quarantine institutions may order corrective action to meet the requirements:

    (A) by pathogenic microorganisms for the first time, environmental pollutants, pesticide and veterinary drug residues, such as safety and health project failed, by the return of the importing country or region;

    (B) sampling of three consecutive batches of inspection and quarantine of product safety and health project failed;

    (C) raw material source is unclear, batch management;

    (D) day-to-day supervision and inspection found the same within one year does not meet three times;

    (E) has not established a system of product traceability.

    50th article import and export of aquatic products enterprises of other illegal acts, in accordance with the relevant provisions of laws and administrative rules and regulations will be punished.

    Inspection and quarantine institutions and their staff in the 51st on aquatic products import and export inspection and quarantine and supervision work, violations of the laws and regulations and these rules, investigate in accordance with regulations.

    The fifth chapter by-laws

    52nd this approach by the AQSIQ to interpret. 53rd these measures come into force on June 1, 2011. AQSIQ announced on November 6, 2002, management of the entry and exit inspection and quarantine of aquatic products (AQSIQ 31st) be repealed simultaneously.