For Hong Kong And Macao Vegetable Inspection And Quarantine Supervision And Administration

Original Language Title: 供港澳蔬菜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/200912/20091200145472.shtml

For Hong Kong and Macao vegetable inspection and quarantine supervision and administration

    (September 10, 2009 the State General Administration of quality supervision, inspection and quarantine, the 120th release from November 1, 2009) Chapter I General provisions

    First article for specification for Hong Kong and Macao vegetables test quarantine supervision management work, guarantees for Hong Kong and Macao vegetables of quality security and stable supply, according to People's Republic of China 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, and regulations of provides, developed this approach.

    Second this approach is suitable for Hong Kong and Macao fresh and fresh vegetable inspection and quarantine supervision and administration.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) charge for Hong Kong and Macao vegetable inspection and quarantine supervision and administration throughout the country.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for Hong Kong and Macao vegetable inspection and quarantine supervision and administration. Fourth inspection and quarantine agencies for vegetable planting base in Hong Kong and Macao (hereinafter referred to as base) and for vegetable production and processing enterprises in Hong Kong and Macau (hereinafter referred to as production and processing enterprises) implement records management.

    Planting and production and processing enterprises shall provide the inspection and quarantine authorities for the record. Fifth article planting base, and production processing enterprise or farmers professional cooperation economic organization on for Hong Kong and Macao vegetables quality security is responsible for, planting base and production processing enterprise should in accordance with China legal, and regulations, and regulations and food security standard engaged in planting, and production processing activities, established sound from planting, and processing to exit of full process of quality security control system and quality dates back system, guarantee for Hong Kong and Macao vegetables meet Hong Kong or Macau S.A.R. of related test quarantine requirements.

    Hong Kong or Macau S.A.R. no relevant inspection and quarantine requirements, shall comply with the relevant Mainland inspection and quarantine requirements.

    Sixth inspection and quarantine authorities on Hong Kong and Macao vegetables cultivation, production process monitoring, for Hong Kong and Macao vegetable sampling.

    Article seventh State administration of quality supervision and inspection and quarantine agencies for establishment of risk early warning and rapid response system for Hong Kong and Macao vegetables.

    Chapter II base records and management Eighth planting base of inspection and quarantine institutions to implement records management.

    Non-record base for Hong Kong and Macao shall not be used as the processing of raw materials of vegetable vegetables, AQSIQ pieces kinds of vegetables except as otherwise provided.

    Nineth planting, production and processing enterprises or farmers ' specialized cooperative economic organization (hereinafter referred to as base for the record) shall apply to the base seat inspection and quarantine plant base record.

    On the implementation of the regional management of plant base, can be recommended by the relevant local government departments to the inspection and quarantine agencies for the record.

    Article tenth record planting base shall meet the following requirements:

    (A) legal land documents;

    (B) fixed piece of land, surrounded by natural or artificial barriers (net), in line with the inspection and quarantine institutions according to the actual situation around the land area requirement;

    (C) soil and irrigation water meets the requirements of State standards, did not affect surrounding sources of vegetable quality and safety;

    (D) has a dedicated Department or person responsible for the management of pesticides and other agricultural inputs, and agricultural inputs of expert management storage areas; there are special tools for pesticide spraying and other agricultural equipment;

    (E) improve the quality and safety management system, including organization, agricultural inputs used management systems, hazardous substances monitoring system;

    (F) basic knowledge of plant protection plant protection of full-time or part-time;

    (VII) pesticide residue detection capabilities.

    Planting base record by its record 11th written applications to the home inspection and quarantine authorities, submit the following documents, in duplicate:

    (A) for Hong Kong and Macao vegetable base application form;

    (B) copy of business license;

    (C) planting base of legal land-use valid documents and planting diagram, floor plan;

    (D) the planting base of photocopy of owner or operator, plant protection, plant protection related qualification certificates or copies of academic certificates;

    (E) the planting base of quality and safety management systems;

    (F) the inspection report of planting base of soil and irrigation water.

    12th planting bases for the record to be submitted materials are complete, the inspection and quarantine agency shall accept the application.

    Base record main submission is not complete, the inspection and quarantine agency shall spot or one-time written notice within 5 business days after receipt of the application base for the record corrected, to request correction of information days for processing time. After the inspection and quarantine agencies to accept the application, shall, in accordance with the provisions of this article tenth and 11th for review. Audit work should be completed within 10 working days from the date of receipt. Eligible, be filed in accordance with the "provinces (autonomous regions and municipalities) Administrative Division code +SC+ five-digit" rules file number, issuance of filing certificates.

    Does not meet the criteria of, not for the record, the inspection and quarantine agency notifies the base record.

    13th planting base, changes in plant protection, head, base for the record subjects shall from the date of change in the 30th to planting planting base of local inspection and quarantine agency to apply record-keeping procedures.

    Base record planting base of subjects changed its name, location, or area changes, the surrounding environment greatly change may directly or indirectly affect the base of the product quality and safety, as well as other larger changes, shall from the date of change in the 30th to reapply the planting base of the record. Base record certificate is valid for 4 years.

    Base record subjects should base record eligibility expires 30th to the plant base seat inspection and quarantine authorities for filing renewal application. Inspection and quarantine institutions in accordance with this article tenth and 11th review requirements.

    Examination, be renewed; not qualified will not be continued.

    14th base records for Hong Kong and Macau Affairs vegetable production record-keeping system should be established, specify the following particulars:

    (A) the use of agricultural input names, sources, usage, dosage, use, date and their safe intervals;

    (B) the occurrence and control of plant diseases and insect pests;

    (C) harvest date and harvest;

    (D) product sales and flow. Production records shall be kept for 2 years.

    Prohibit falsifying manufacturing records.

    15th base charge shall, in accordance with the Hong Kong, Macau S.A.R. or the Mainland's food safety standards and the use of agricultural inputs such as pesticides, fertilizers and growth regulators, prohibits the purchase or use not in conformity with Hong Kong, Macau S.A.R. of agricultural inputs or food safety standards in the Mainland.

    16th head of base for the production of each batch for processing vegetable raw materials in Hong Kong and Macao issue for Hong Kong and Macao vegetable raw material documents.

    Chapter III production and processing enterprises filing and management

    17th inspection and quarantine agencies implement records management to production and processing enterprises.

    Article 18th record production and processing enterprise shall satisfy the following conditions:

    (A) the enterprise does not affect around sources of vegetable quality and safety, water used in production process comply with the relevant national standards; (B) complex includes a hand-washing, disinfection, fly, insect and rodent-proof facilities, production and processing areas isolated from the living area.

    Production workshop area commensurate with the production and processing capacity, plant layout reasonable, drainage flow, nonskid, firm, impervious flooring of nontoxic materials;

    (C) improve the quality and safety management system, including organizational structure, product traceability system, toxic and hazardous substances monitoring system;

    (D) vegetables meet health requirements for employees of food production and processing personnel;

    (E) pesticide residue detection capabilities.

    19th production and processing enterprises to the local inspection and quarantine authorities submit a written application, submit the following documents, in duplicate:

    (A) the application form for Hong Kong and Macau Affairs vegetable production and processing enterprises;

    (B) copy of business license of enterprise production and processing;

    (C) production and processing enterprises the ichnography of workshop plans, process flow diagrams, critical process and main equipment photos;

    (D) the production copy of the ID card of the legal representative of the enterprise;

    (E) production and processing enterprises of the quality management system documentation;

    (F) the production and processing of water quality testing report.

    20th production and processing enterprises submitted materials are complete, the inspection and quarantine agency shall accept the application.

    Submission of material production and processing enterprises is not complete, the inspection and quarantine agency shall spot or one-time written notice within 5 business days after receipt of the application processing enterprises on corrections, date of correction information to production and processing enterprises for processing time. After the inspection and quarantine agencies to accept the application, shall, in accordance with the provisions of article 18th and 19th for review. Audit work should be completed within 10 working days from the date of receipt. Eligible, be filed in accordance with the "provinces (autonomous regions and municipalities) Administrative Division code +GC+ five-digit" rules file number, issuance of filing certificates.

    Does not meet the criteria of, not for the record, the inspection and quarantine agencies notify the processing enterprises.

    21st production and processing of changes in business address or office location, shall be filed with the local inspection and quarantine agency to apply for production and processing enterprises filing procedures.

    Production and processing enterprises, the corporate name of the legal representative, production changes should apply for production and processing enterprises for the record again. Production and processing enterprise registration certificate is valid for 4 years. Production and processing enterprises shall be filed before eligibility expires 30th to the local inspection and quarantine authorities for filing renewal application. Inspection and quarantine institutions in accordance with this article 18th and 19th audit requirements.
Examination, be renewed; failed to pass the examination shall not be extended.

    22nd production and processing enterprises shall establish for Hong Kong and Macao vegetable raw materials purchase check record system verification of incoming raw material for Hong Kong and Macao that came with vegetable raw documents belonging to another prescribed pieces kinds of vegetables, should faithfully record the name of the incoming raw material, quantity, supplier name and contact information, date of purchase, and so on.

    Raw materials purchase check record shall be true to the retention period shall be not less than 2 years. 23rd production and processing enterprises-factory check record system should be established, in accordance with the Hong Kong and Macau S.A.R. or food safety standards for their products in the Mainland for examination. Faithfully record the names of products, specifications, quantity, date of production, production batch number, name and contact information such as purchases, examined and passed before they can be exported.

    Factory inspection record shall be true to the retention period shall be not less than 2 years.

    Equipment used for testing shall comply with the relevant provisions of management of measuring instruments.

    24th production and processing enterprises in its Hong Kong and Macao should be vegetables, transport packaging and sales indicate on the packaging identifies the following: production and processing business name, address, registration number, product name, production date and batch number.

    The fourth chapter of inspection and quarantine

    25th production for Macau the vegetable processing enterprises should ensure compliance with Hong Kong and Macau S.A.R. or the relevant Mainland inspection and quarantine requirements, for Hong Kong and Macao vegetables tested, test after passing the inspection to the inspection and quarantine authorities, where inspection, inspection shall be presented for Hong Kong and Macao vegetables raw documents, shipping lists, as well as the factory certification.

    26th article inspection and quarantine authorities of Hong Kong, Macau S.A.R. or the relevant Mainland inspection and quarantine requirements for Hong Kong and Macao for vegetables sampling.

    Inspection and quarantine institutions under the regulatory and inspection results, issued by the export customs clearance or export card vouchers and other relevant inspection and quarantine certificate.

    27th production of processing enterprise shall apply to the inspection and quarantine agency seals and Mount for vegetable transportation in Hong Kong and Macao applied to seals, established accounting and management.

    Inspection and quarantine institutions as needed or by means of video for loading by the Hong Kong and Macao vegetables and means of transport applied to seals.

    Inspection and quarantine authorities will seal and seal units recorded in the outbound customs clearance of goods, the export of replacement vouchers or other documents. For Hong Kong and Macao vegetables subject to Shenzhen or Zhuhai reproduced to straight trucks between Guangdong and Hong Kong or Macau shall be designated by the port inspection and quarantine institutions place the uninstall and re-applied seal.

    Inspection and quarantine authorities to monitor the process, and the new seal number recorded on the original document. 28th exit port inspection and quarantine authorities on Hong Kong and Macao and vegetables classified identification system. Loading and seal of inspection and quarantine institutions, apart from the verification seal, should also be prescribed goods certificate of verification, unpacking and inspection if necessary.

    Inspection and quarantine institutions supervise loading and sealing, released after the exit port verification seals.

    Exit port inspection and quarantine authorities of Hong Kong and Macao vegetables for inspection in accordance with requirements, granting release; do not meet the requirements, shall not be released, and the relevant written notice to the production and processing of local inspection and quarantine authorities.

    Article 29th for the Hong Kong and Macau Affairs list of vegetable shipments, the export customs clearance or the export of replacement vouchers for one car/counter in one single system.

    Guangdong, Shenzhen, Zhuhai, inspection and quarantine issued the export customs clearance or the export of replacement vouchers are valid for 3 business days; others issued by the inspection and quarantine authorities of customs clearance documents are valid for 7 days.

    Supervision and administration of the fifth chapter Article 30th for the cultivation of vegetables should come from Hong Kong and Macao for the record bases and production and processing enterprises.

    Without a record of planting and production and processing enterprises for Hong Kong and Macao shall not engage in vegetable production and processing and exports.

    31st base seat inspection and quarantine institutions to supervise the plant base to record management, production and processing of local inspection and quarantine authorities to record the supervision and administration of production and processing enterprises. Inspection and quarantine agencies shall establish a record of planting and production supervision and management archives.

    Supervision and management including the day-to-day supervision and inspection, annual audits and other forms.

    Record planting, production and processing enterprises, frequency of supervision by the inspection and quarantine agencies according to the actual situation.

    Article 32nd record of inspection and quarantine institutions to base the implementation of daily supervision and inspection, includes:

    (A) planted around the base state of the environment;

    (B) planting base locations and situations;

    (C) the specific plant varieties and plantings;

    (D) the production of records;

    (E) the pest;

    (F) harmful substances testing records;

    (G) the raw output of documents issued, as well as verification.

    As needed, the inspection and quarantine agency sampling for food safety-related projects.

    33rd record of inspection and quarantine institutions to implement daily supervision and inspection in production and processing enterprises, mainly including:

    (A) production of regional State of the environment;

    (B) the raw materials purchase check record and inspection records;

    (C) proof of processing raw materials identification;

    (D) the marking and sealing enforcement;

    (E) the self test of quality and safety control system;

    (F) hazardous substances monitoring and recording.

    As needed, the inspection and quarantine agency sampling for food safety-related projects.

    Article 34th base for the record and record production and processing enterprises should be before the end of December in each year separately with the local inspection and quarantine agencies submit an annual assessment of the application.

    Inspection and quarantine authorities before the end of January the following year on record for their areas planting base and carry out annual audits of record production and processing enterprises.

    35th base, one of the following circumstances, the inspection and quarantine agency shall order rectification in compliance:

    (A) the environment pollution;

    (B) detection and quarantine pests;

    (C) store in Hong Kong, Macau S.A.R. or disable pesticides in the Mainland;

    (D) violation of Hong Kong, Macau S.A.R. or mainland, as well as base for safe medication systems, illegal use of pesticides;

    (V) or poisonous substances exceeding the pesticide residues in vegetables;

    (F) the base Director, plant protection officer within 30 days after the change is not applied;

    (G) base supply beyond base supply capacity.

    36th production and processing enterprises, one of the following circumstances, the inspection and quarantine agency shall order rectification in compliance:

    (A) poor quality management system;

    (B) the facilities and production capacity cannot meet;

    (C) raw materials purchase check record and incomplete inspection record;

    (D) the acquisition of non-violation of provisions for the record raw vegetables as the base for Hong Kong and Macao vegetables;

    (V) does not meet the requirements of;

    (F) the product was found to contain disabled pesticides, toxic or harmful substances exceeding or carry quarantine pest;

    (G) production and processing enterprises Office within 30 days after the change is not applied;

    (H) inform the relevant departments of the Hong Kong and Macao failed to pass the quality and safety of products.

    37th planting base of any of the following acts, inspection and quarantine institutions to cancel registration:

    (A) concealment or false reporting major outbreaks;

    (B) refuse to accept the supervision and administration of inspection and quarantine institutions;

    (C) with Hong Kong, Macau S.A.R. or disable pesticides in the Mainland;

    (D) pesticide residues in vegetables or poisonous substances exceeding 3 times within 1 year;

    (V) pesticide residues in vegetables and declaration or pesticide application records;

    (F) the base record subject changed its name, the plant site location or area changes, the surrounding environment has a great change may directly or indirectly affect the base plant for product quality and safety as well as the other major changes, was not required to make changes in a timely manner or to reapply for the record;

    (VII) within 1 year without planting of vegetable raw materials in Hong Kong and Macao;

    (H) the planting base of supply beyond base supply capacity 3 times within 1 year;

    (I) fails to apply for annual examination or filing qualifications continues;

    (10) failed to pass the annual examination, to order the rectification, after rectification is not qualified.

    38th production and processing enterprises, one of the following acts, inspection and quarantine institutions to cancel registration:

    (A) after rectification is not qualified;

    (B) the concealment or false reporting major safety issues;

    (C) inform the relevant departments of the Hong Kong and Macao failed 3 times within 1 year of quality and safety;

    (D) the acquisition of non-violation of provisions for the record raw vegetables as the base for Hong Kong and Macao vegetables 3 times within 1 year;

    (E) the legal representative of the enterprise and corporate name changes, the workshop address changes or other big changes, is not required to make changes in a timely manner;

    (F) within 1 year export of vegetables to Hong Kong and Macao;

    (G) fails to apply for annual examination or filing qualifications continued. 39th record planting base seat inspection and quarantine institutions and record production and processing of local inspection and quarantine authorities should strengthen cooperation.

    Record planting base supervision of inspection and quarantine institutions, where the base should be regularly informed of record production and processing of local inspection and quarantine authorities; the record production and processing of local inspection and quarantine authorities should record production and processing enterprises on document verification of raw materials, raw material and finished product quality and safety, periodic updates to the record plant base seat inspection and quarantine authorities.

    State administration of quality supervision inspection and quarantine authorities should be inspectors of the collaboration.

    40th record planting bases according to the State administration of quality supervision inspection and quarantine institutions, where outbreaks of the disease monitoring plan and the toxic substances monitoring programme, record plant base to implement pest and disease surveillance and monitoring pesticides, heavy metals and other hazardous substances.
41st production and processing local inspection and quarantine authorities can send inspection and quarantine staff to production and processing enterprises, production and processing enterprises of the incoming raw material, production, processing, shipment and export of supervision.

    42nd the inspection and quarantine agencies shall establish a system of records of illegal production and processing enterprises, be recorded for violations; and are subject to administrative punishments for violations committed, the inspection and quarantine agencies could be included in the list of unlawful enterprises and released.

    43rd production and processing companies are finding their substandard products need to be recalled, shall, in accordance with the relevant provisions of a voluntary recall.

    The sixth chapter legal liability

    Vegetable transport in article 44th for the Hong Kong and Macao on the package or sales package adds to stick, add the logo does not meet the requirements, the inspection and quarantine agency ordered corrective action, and to a fine of less than 1000 Yuan and 10,000 yuan.

    45th on the Hong Kong and Macao vegetables in Hong Kong and Macau S.A.R. undeclared and cause serious consequences of quality and safety of production and processing enterprises, there is no illegal income, fined a maximum of 10,000 Yuan by the inspection and quarantine agencies; their illegal gains and fined 30,000 Yuan by the inspection and quarantine authorities.

    46th under any of the other acts in violation of relevant laws and regulations, inspection and quarantine in accordance with related laws and regulations shall be investigated for legal responsibility.

    The seventh chapter by-laws

    47th planting base in these measures, refers to Hong Kong and Macao vegetable planting sites.

    Production and processing enterprises in these measures, refers to Hong Kong and Macao with fresh and fresh vegetables of acquisitions, primary processing manufacturers.

    Pieces kinds of vegetables in these measures, includes day for Hong Kong and Macao small amount of vegetables, vegetables does not have the base record conditions.

    48th article of the approach by the AQSIQ to interpret. 49th article of the measures shall take effect on November 1, 2009. AQSIQ released on April 19, 2002, of the vegetable inspection and quarantine measures for the administration of Hong Kong and Macao (AQSIQ 21st) repealed simultaneously.