Administrative Measures On Import And Export Inspection And Quarantine Supervision Of Dairy Products

Original Language Title: 进出口乳品检验检疫监督管理办法

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Administrative measures on import and export inspection and quarantine supervision of dairy products

    (January 24, 2013 152th State administration of quality supervision, inspection and quarantine announced as of May 1, 2013) Chapter I General provisions First article to strengthening import and export dairy test quarantine supervision management, 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 (following referred to special provides), and dairy quality security supervision Management Ordinance, legal regulations provides,

    These measures are formulated.

    The second dairy in these measures include colostrum, milk and dairy products.

    Colostrum is mentioned in these measures refers to the milk of dairy livestock within 7 days after calving. Raw milk in these measures refers to health dairy animal meets the requirements of Chinese breast squeezed without any composition change of ordinary milk.

    Colostrum of dairy animals and the use of antibiotics during the breast milk, deterioration and the withdrawal period shall not be used as a raw milk. Dairy products mentioned in these measures refers to milk as the main raw materials and processed foods, such as milk-pasteurized and sterilized milk, modulation milk, fermented milk, cheese and processed cheese, cream, butter, anhydrous butter, condensed milk, milk powder, whey powder, whey protein powder and milk based infant formula food.

    From raw milk processing, processing of products of the heat treatment process of free milk.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) competent national import and export dairy inspection and quarantine supervision and administration.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for the import and export of dairy inspection and quarantine supervision and administration.

    Fourth article import and export of dairy 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.

    Chapter II Dairy imports

    Fifth AQSIQ according to Chinese laws and regulations on the export to China of dairy country or region and food safety assessment of food safety management system, and under the supervision and administration of imported dairy products and the need for retrospective review.

    Dairy exports to China for the first time, countries or regions, government departments should provide AQSIQ with veterinary health system of laws and regulations, organizations and public health, veterinary services, health and safety control system, residue monitoring system and detection of animal disease monitoring system and wish on China's export products and so on. AQSIQ shall be organized to assess and, if necessary, you can send a team of experts to the countries or regions to conduct on-site investigations. Assessed risk within an acceptable range, and determine the appropriate inspection and quarantine requirements, including the relevant certificates and certificate requests, allowing it to meet the requirements related to dairy exports to China.

    Both sides signed a protocol confirming the inspection and quarantine requirements.

    Sixth AQSIQ to dairy exports to China of the outbound food production enterprises (hereinafter referred to as foreign manufacturers) implementation of a registration system, registration provisions according to the AQSIQ.

    Overseas manufacturing enterprises shall be approved by the competent Department of the Government of the exporting country or region setting up, in line with laws and regulations related to exporting country or region required. Foreign manufacturers should be familiar with and to guarantee its dairy exports to China in line with China's food safety standards and requirements, and are able to provide Chinese food safety standards established by the test report.

    Foreign manufacturer applying for registration must be made clear his intention to export to China of dairy type and brand.

    Registered foreign manufacturers should be made public on the AQSIQ Web site. Article seventh dairy products exported to China, should be accompanied by a certificate from the competent authorities of the Government of the exporting country or region health certificates.

    Certificate shall demonstrate the following:

    (A) the dairy raw materials from healthy animals;

    (B) processed dairy products not carried animal diseases;

    (C) dairy production enterprise under the supervision of local government authorities;

    (D) milk is safe and available for human consumption.

    Certificates should be exporting country or regional government authority stamp and signature of authorized person, the destination should be marked as People's Republic of China.

    Sample certificate should be confirmed by the State administration of quality supervision, and posted on the AQSIQ Web site.

    Eighth must go through quarantine examination and approval procedures for imported dairy products, should be made of the People's Republic of China after quarantine of entry permits, may be imported.

    AQSIQ and publishing the quarantine examination and approval according to the types of dairy products. Nineth exports to the China dairy exporters or agents shall be filed with the State administration of quality supervision record.

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

    Record list should be made public on the AQSIQ Web site. Tenth inspection and quarantine institutions imposed on imported dairy products importers of record management.

    Importers should have food safety professional technicians, management personnel and to ensure that food safety regulations, and according to the State administration of quality supervision, to its industrial and commercial registration, inspection and quarantine institutions to apply for the record.

    11th of imported dairy products importers, or their agents, shall take the following documents to the customs inspection and quarantine inspection:

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

    (B) in accordance with the health certificate provided for in article seventh. (C) imported dairy products for the first time, it shall provide appropriate food safety standards set out in the project's test report.

    Imports for the first time, foreign manufacturers, product names, formulas, foreign exporters, domestic importers information exactly the same dairy products imported from the same port for the first time. (D) non-dairy imports for the first time, it shall provide test reports on the first import of copies of project inspection report is required and the AQSIQ.

    Inspection report of first import of non-project related to risk monitoring by the AQSIQ on dairy set and posted on the AQSIQ Web site.

    (Five) imports dairy security health project (including pathogens, and fungi toxins, and pollutants, and heavy metal, and illegal added real) not qualified, again imports Shi, should provides corresponding food security national standards in the column Ming project of detection report; continuous 5 batch not found security health project not qualified, again imports Shi provides corresponding food security national standards in the column Ming project of detection report copies and national quality general requirements project of detection report.

    (F) imported pre-packaged dairy, label should provide the original proofs, original labels translated into Chinese, Chinese label proofs and so on.

    (VII) imports need approval of quarantine inspection of dairy products, should be provided on animal and plant quarantine of entry permits.

    (H) there is no food safety standards for Dairy imports, it shall provide proof of the license issued by the health Administrative Department under the State Council.

    (I) involves health function, should provide proof of license issued by the Department.

    (J) the mark Awards, honors, certification marks or other content should be provided supporting documents confirmed by diplomatic channels.

    12th imported dairy products importers should ensure that its imports of dairy products in China's food safety standards, and announced that its type, country of origin, imported dairy brand.

    There is no food safety standards for Dairy imports shall comply with the licenses issued by the health Administrative Department under the State Council requirements in the documentation.

    13th article import dairy products for packaging and transport equipment shall conform to the requirements of safety and health.

    14th imported pre-packed dairy products should have labels and instructions in Chinese, labels and instructions should be consistent with China's relevant laws and regulations and food safety standards.

    The 15th before the entry inspection and quarantine of goods, imported dairy products prove, 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 without permission.

    16th inspection and quarantine agencies shall, in accordance with the People's Republic of China Law on import and export commodity inspection on imported dairy product inspection in the manner provided; imports of dairy animal or plant epidemic diseases to spread risk, in accordance with the People's Republic of China Law on the entry and exit animal and plant quarantine quarantine.

    17th imported dairy product inspection and quarantine, issued by the inspection and quarantine authorities after entry of goods inspection certificate, may be sold, and used.

    Importing dairy entry inspection and quarantine certificate shall specify the product name, brand, exporting countries or regions, specification, quantity/weight or batch number, production date, shelf life and other information. 18th failed to pass the inspection and quarantine of imported dairy products, issued by the inspection and quarantine authorities failed to prove. Relating to safety, health and environmental protection project is not qualified, the inspection and quarantine authorities order the party to destroy or return processing notice issued by, returned formalities by the importer.

    Other items are not qualified, technical treatment can be carried out under the supervision of inspection and quarantine institutions, after the newly-qualified, may be sold, and used.

    Before the imported dairy products be destroyed or returned, imported dairy products importers of substandard dairy products should be self-storage, stored separately in places designated or approved inspection and quarantine institutions, without permission of the inspection and quarantine agencies shall not be transferred without permission.

    Importers shall, within 3 months of complete destruction, and destruction reported to the inspection and quarantine authorities. 19th imported dairy products importers of dairy import and sales records system should be established, faithfully record the entry of imported dairy goods inspection certificate number, name, size, quantity, date of production or batch number, expiration, exporter and purchases of subject name and contact information, date of delivery, and so on.

    Records shall be true to the record 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.

    20th imported dairy raw materials used for processing and re-exported, the inspection and quarantine agencies can follow the export country or regional standards or contract to carry out the inspection and indicate on the entry of goods inspection certificate issued by "for export only".

    21st inspection and quarantine agencies shall establish a reputation of imported dairy products importers records.

    Inspection and quarantine institutions when found to be in compliance with the statutory requirements for imported dairy products, can not meet the statutory requirements of imported dairy products importers, inspection, agents on the record list; and liable for punishment for violations committed, can be included in the list of unlawful enterprises and made public.

    Chapter III dairy exports

    22nd AQSIQ to export dairy products manufacturing enterprises to implement filing systems and record-keeping provisions according to the AQSIQ.

    Dairy exports should come from record exports of dairy production enterprise. 23rd export raw milk dairy animal farm shall provide the inspection and quarantine authorities for the record.

    On the basis of risk analysis, inspection and quarantine institutions for farm animal diseases, pesticide and veterinary drug residues, monitoring of environmental pollutants and other harmful substances.

    24th export raw milk dairy animal farms dairy animal farming should be established archives, containing the following:

    (A) the varieties and quantity of dairy animals, breeding records, identify, source and date of entry and exit;

    (B) feed, feed additives, veterinary drugs and other input sources, name, object, time and amount;

    (C) quarantine, immunity and disinfection;

    (Iv) dairy animal morbidity and mortality and reject the processing of raw milk;

    (E) raw milk production, storage, inspection, sales.

    Records shall be true to the retention period shall be not less than 2 years. 25th export raw milk dairy animal farming may be used in China and importing countries or regions to disable feed, feed additives, veterinary drugs as well as other animals and humans directly or potentially harmful substances.

    Ban on the export of dairy animals within the prescribed medication and milk produced during the withdrawal period.

    26th export dairy products production enterprises shall comply with the good manufacturing practice requirements, develop and implement hazard analysis and critical control point system (HACCP), and ensure the effective operation of the system.

    27th dairy products production enterprise shall set up the following system:

    (A) raw material incoming inspection system, food additives and food-related products, and record its name, specifications, quantity, supplier name and contact information, the date of purchase;

    (B) the production record-keeping system, record of food safety management in the production process;

    (C) the inspection system for lot-by-lot inspection of dairy products manufactured, and save reports, collecting samples;

    (Iv) dairy-factory check record system, inspection of factory dairy product quality inspection certificate and the security situation, faithfully record the name of the product, specifications, quantity, production date, shelf life, batch purchases, certificate number, name and contact information, the date of sale.

    Such records shall be true to the period of not less than 2 years.

    28th export dairy production enterprise shall export dairy raw material and finished product testing or commissioning a qualified examination organization examination, which shall issue inspection reports.

    29th export dairy products and means of transport shall conform to the requirements of safety and health.

    On shipment export easy metamorphic, and need frozen or refrigerated dairy of container, and cabin, and aircraft, and vehicles, vehicles, carrier, and boxing units or its agent should according to provides on transport tool and mount container for cleaning disinfection and do records, in shipment Qian to test quarantine institutions application clean, and health, and refrigerated, and key solid, suitable contains test; without test or by test not qualified of, no shipment.

    The 30th export dairy exporters or their agents shall, according to the State administration of quality supervision and quarantine regulations, local inspection and quarantine authorities to export dairy products production inspection.

    31st risk inspection and quarantine agencies to export dairy products, production and enterprise safety and health quality management quality, product safety and health record, previous export performance requirements, importing country or region, development of export milk sampling plan, export dairy testing according to the following requirements:

    (A) bilateral agreement, Protocol, a memorandum of the inspection and quarantine requirements;

    (B) the standards of the importing country or region;

    (C) trade contracts or for the inspection and quarantine requirements stated in the credit.

    Were no such standards or requirements in accordance with Chinese laws and regulations and relevant food safety standards and regulations to carry out the inspection.

    Export dairy products manufacturers, exporters should ensure that their export dairy products meet the requirements mentioned above.

    32nd export dairy inspection and quarantine in accordance with the relevant requirements, inspection and quarantine issued the export customs clearance or the export of replacement vouchers, and provide inspection and quarantine certificate; failed to pass the inspection and quarantine, issued the unqualified notice of exit of goods not be exported. 33rd export dairy exit port inspection and quarantine agencies in accordance with outbound goods recertification inspection rules, check whether the certificate of domestic matches.

    Identification of qualified, by inspection and quarantine certificate of origin of the outbound goods replacement voucher issue the exit of customs clearance of goods; failed to pass the examination, by the port inspection and quarantine institutions issued certificates, may be exported.

    Inspection and quarantine authorities and the inspection and quarantine agencies shall establish a mechanism for Exchange of information to inform the export dairy health and safety problems found during the inspection and quarantine process, and reported in accordance with regulations. Article 34th dairy producers and operators shall establish a system of product traceability, related records, ensuring retrospective validity.

    Records retained for periods of not less than 2 years.

    35th export dairy production enterprise shall set up a sample management system, should be appropriate for the conditions of custody of the sample, time characteristics of the product itself, a few weight shall meet the test requirements.

    36th inspection and quarantine institutions found to be in compliance with the statutory requirements for milk when you export, producers can be included in the record list; offences and penalties, can be included in the list of unlawful enterprises and made public.

    The fourth chapter risk early-warning

    37th state general administration of quality supervision and inspection and quarantine authorities should collect and collate active monitoring, enforcement, laboratory testing, offshore communications, informed the Organization of domestic institutions and media networks reports, complaints, as well as related departments, dairy product safety information.

    38th article import and export of dairy producers and operators shall establish a risk information report system, developed dairy information security risk contingency plan, and are equipped with emergency co-ordinators; establishment of a professional risk information to rapporteurs, on the import and export of dairy products have been found recalls and timely reporting of risk information, such as the inspection and quarantine agency.

    39th inspection and quarantine authorities should be approved, the import and export of dairy processing security information for initial comments, and in accordance with the requirements and procedures to report to the State administration of quality supervision, to local governments, related departments. 40th State quality inspection administration and the inspection and Quarantine Bureau shall, in accordance with the import and export milk levels of security 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 of dairy products for emergency preparedness.

    Inspection and quarantine institutions responsible for implementation of risk warning and control measures.

    41st dairy exports to China of countries or areas that may affect safety of dairy animal disease or other major food safety incident occurs, the State General Administration of quality supervision in accordance with Chinese laws and regulations, this approach to imported dairy 40th article of risk early-warning and control measures.

    AQSIQ can be based on outbreaks, food safety incidents and the Government of the exporting country or region authorities and dairy production enterprise to provide relevant information, assess risk-adjusted measures, early warning and control.

    42nd article import and export dairy products risk no longer exists or has been reduced to an acceptable level, should be relieved early-warning notification and alert notifications and control measures. Article 43rd imported dairy products safety problems, has been or may be damaging to human health and safety, imported dairy products importers should take the initiative to recall and report to the local inspection and quarantine authorities.

    Imported dairy products importers shall be announced to the public for information, notify the wholesale sellers to stop wholesale, sale, advised consumers to stop using the recalled dairy records.

    Inspection and quarantine authorities after receiving the report, shall be verified according to the range of imported dairy products affected reporting in accordance with regulations. Don't recall of imported dairy products importers, be ordered by the inspection and Quarantine Bureau to issue a recall notice and report the AQSIQ. If necessary, the AQSIQ can be ordered to recall.

    AQSIQ issued a risk warning notification or alert notifications, this approach and the 40th article measure and other harm reduction measures.

    44th found that exports of dairy products safety problems, has been or may be damaging to human health and safety, export dairy producers should take measures to avoid and reduce the occurrence of damage and immediately report to the local inspection and quarantine authorities.

    45th article import and export dairy inspection and quarantine inspection and quarantine institutions to perform their duties of supervision and administration 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.

    46th 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.

    General Administration of quality supervision in accordance with the relevant provisions of the State import and export dairy products information and control measures to the departments concerned.

    The fifth chapter legal liability 47th article imports dairy by test quarantine not meet food security national standards, unauthorized sales, and using of, by test quarantine institutions according to food security method 85th article, and 89th article of provides, confiscated illegal proceeds, and illegal production business of dairy and for illegal production business of tool, and equipment, and raw materials, items; illegal production business of dairy goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of,

    5 times more than double the amount in value terms and fined a maximum of 10 times in serious cases, to revoke the licence.

    48th imported dairy products importers have one of the following, by the inspection and quarantine authorities in accordance with the food safety law, 87th, 89th of the rules shall be ordered to correct and give a warning; it refuses, fined a maximum of 2000 Yuan and 20,000 yuan in serious cases, cancel registration:

    (A) failure to establish Dairy imports and sales record-keeping systems;

    (B) import, sales record-keeping system is not comprehensive, not real;

    (C) import and sales records retention period is less than 2 years;

    (D) records altered, damaged, destroyed or if there are other cases does not reflect the real situation;

    (E) forging or altering import and sales records.

    49th imported dairy products importers to the cases listed in article 48th, other acts of deception, by the inspection and quarantine authorities in accordance with the special provisions under article eighth, confiscate the illegal income and dairy, 3 times the amount of the fine in the value and constitutes a crime, criminal responsibility shall be investigated according to law. 50th article export dairy exporters has following case one of, not comply with food security method provides export dairy of, by test quarantine institutions according to food security method 85th article, and 89th article of provides, confiscated illegal proceeds, and illegal production business of dairy and for illegal production business of tool, and equipment, and raw materials, items; illegal production business of dairy goods value amount insufficient 10,000 yuan of, and at 2000 Yuan above 50,000 yuan following fine; goods value amount 10,000 yuan above of,

    5 times more than double the amount in value terms and fined a maximum of 10 times in serious cases, elimination of export milk production record:

    (A) no inspection or without supervision and inspection by qualified unauthorized export;

    (B) exports dairy products after inspection unqualified, export without authorization;

    (C) unauthorized replacement of the inspection and quarantine agency oversight, inspection and proof of inspection and quarantine of export dairy products;

    (D) export dairy products from inspection and quarantine agencies record exports of dairy production.

    51st export dairy producers have to the way cases than those listed in the 50th, other acts of deception, by the inspection and quarantine authorities in accordance with the special provisions of article seventh, confiscate the illegal income and dairy, 3 times the amount of the fine in the value and constitutes a crime, criminal responsibility shall be investigated according to law.

    52nd under any of the following circumstances, the inspection and quarantine agency ordered corrective action and illegal gains, illegal gains shall be sentenced to fined a maximum of 3 times, up to 30,000 yuan; no illegal gains and fines of between 10,000 yuan.

    (A) imported dairy products importers within the prescribed time limit in accordance with the inspection and quarantine agencies require disposal of substandard dairy products;

    (B) imported dairy products importers in violation of these regulations article 18th, in front of the substandard imported dairy products be destroyed or returned, did not take the necessary measures to seal up and stored separately;

    (C) imported dairy products importers of substandard imported dairy products arbitrarily transferred from inspection and quarantine authorities designated or recognised place;

    (D) export of raw milk dairy animal farm dairy animals in the process of illegal use of agro-chemical inputs;

    (E) export raw milk dairy animal farm-related recording is not real or shelf life of less than 2 years;

    (Vi) exports dairy producers do not establish traceability system or is unable to guarantee the effectiveness of traceability system;

    (G) exports dairy production enterprise fails to establish the sample management system, or save the sample does not match actual;

    (VIII) export of dairy producers and operators in violation of these regulations on the packaging and transport regulations.

    53rd article import and export dairy producers and other illegal acts, the inspection and quarantine institutions and staff, shall be dealt with in accordance with the relevant laws and regulations.

    The sixth chapter supplementary articles

    54th article import and export dairy products importer disagrees with the results of the inspection and quarantine, in accordance with the provisions of the import and export administrative measures for the re-inspection application for re-inspection.

    55th feed with dairy products, other non-food dairy product by courier, mail or carried by passengers means the import and export of dairy products, in accordance with the relevant provisions of the State.

    56th article of the approach by the AQSIQ to interpret. 57th these measures shall come into force on May 1, 2013.

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