Measures of the People's Republic of China for the Administration of Safety of Imported and Exported Food (2021)

Measures of the People's Republic of China for the Administration of Safety of Imported and Exported Food (2021) 中华人民共和国进出口食品安全管理办法(2021) Order of the General Administration of Customs of the People's Republic of China (No. 249) The Measures of the People's Republic of China for the Administration of Safety of Imported and Exported Food, as deliberated and approved at the executive meeting of the General Administration of Customs on March 12, 2021, are hereby issued, and shall come into force on January 1, 2022, upon which the Measures for the Administration of Safety of Imported and Exported Food, as issued by Order No. 144 of the former General Administration of Quality Supervision, Inspection and Quarantine on September 13, 2011, as amended by Order No. 184 of the former General Administration of Quality Supervision, Inspection and Quarantine on October 18, 2016, and Order No. 243 of the General Administration of Customs on November 23, 2018; the Measures for the Administration of Inspection and Quarantine of Exported Honey, as issued by Order No. 20 of the former State Inspection and Quarantine Administration on February 22, 2000, as amended by Order No. 238 of the General Administration of Customs on April 28, 2018; the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Aquatic Products, as issued by Order No. 135 of the former General Administration of Quality Supervision, Inspection and Quarantine on January 4, 2011, as amended by the Order No. 243 of the General Administration of Customs on November 23, 2018; the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Meat Products, as issued by Order No. 136 of the former General Administration of Quality Supervision, Inspection and Quarantine on January 4, 2011, as amended by Order No. 243 of the General Administration of Customs on November 23, 2018; the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Dairy Products, as issued by Order No. 152 of the former General Administration of Quality Supervision, Inspection and Quarantine on January 24, 2013, as amended by Order No. 243 of the General Administration of Customs on November 23, 2018; and the Provisions on the Administration of Filing of Exported Food Production Enterprises, as issued by Order No. 192 of the former General Administration of Quality Supervision, Inspection and Quarantine on November 14, 2017, as amended by Order No. 243 of the General Administration of Customs on November 23, 2018, shall be repealed. Ni Yuefeng, Minister April 12, 2021 Measures of the People's Republic of China for the Administration of Safety of Imported and Exported Food Chapter I General Provisions Article 1 For the purposes of safeguarding the safety of imported and exported food and protecting the life and health of human beings, animals, and plants, these Measures are formulated in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as the "Food Safety Law") and the regulation on the implementation thereof, the Customs Law of the People's Republic of China, the Law of the People's Republic of China on the Inspection of Imported and Exported Goods and the regulation on the implementation thereof, the Law of the People's Republic of China on Quarantining Imported and Exported Animals and Plants and the regulation on the implementation thereof, the Frontier Health and Quarantine Law of the People's Republic of China and the detailed rules for the implementation thereof, the Agricultural Product Quality Safety Law of the People's Republic of China, the Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products, and other laws and administrative regulations. Article 2 The following activities shall be conducted in compliance with these Measures: (1) Imported and exported food production and dealing activities. (2) Customs offices exercise supervision and administration of imported and exported food producers and dealers and the safety of their imported and exported food. Imported and exported food additives and food-related products production and dealing activities shall be subject to the relevant rules of the General Administration of Customs ("GACC"). Article 3 In the work on the safety of imported and exported food, the principles of safety first, a focus on prevention, risk management, control throughout the process, and international co-governance shall be adhered to. Article 4 Imported and exported food producers and dealers shall be responsible for the safety of the imported and exported food they produce and deal in. Imported and exported food producers and dealers shall engage in imported and exported food production and dealing activities in accordance with any international treaty or agreement entered into or acceded to by China and the laws, regulations, national food safety standards of China, submit to supervision and administration in accordance with the law, ensure the safety of imported and exported food, be responsible to society and the public, and assume social responsibility. Article 5 The GACC shall take charge of the safety supervision and administration of imported and exported food throughout the country. The customs offices at all levels shall take charge of the supervision and administration of safety of imported and exported food within their respective jurisdictions. Article 6 The Customs shall use information technology to improve the level of supervision and administration of safety of imported and exported food. Article 7 The Customs shall strengthen publicity and education about the safety of imported and exported food, and disseminate food safety laws, administrative regulations, and national standards of and knowledge about food safety. The Customs shall strengthen exchanges and cooperation with international food safety organizations, overseas government agencies, overseas food industry associations, and overseas consumer associations, among others, to create an international co-governance pattern for the safety of imported and exported food. Article 8 Customs personnel engaged in the supervision and administration of safety of imported and exported food shall possess relevant professional knowledge. Chapter II Import of Food Article 9 Imported food shall comply with the laws, regulations, and national food safety standards of China and the special requirement of any international treaty or agreement entered into or acceded to by China, if any. The import of food on which the national food safety standards are silent shall comply with the requirements of the relevant temporarily applicable standards issued by the health authority of the State Council. Food produced from new food raw materials shall be under a health administrative permit for new food raw materials obtained from the health authority of the State Council in accordance with Article 37 of the Food Safety Law. Article 10 The Customs shall implement conformity assessment on imported food in accordance with the laws and administrative regulations on the inspection of imported and exported goods. Imported food conformity assessment activities shall include the assessment and examination of the food safety management system of a foreign country or region exporting food to China (hereinafter referred to as the "foreign country or region"), the registration of an overseas production enterprise, the filing of an importer or exporter and warranty of conformity, the quarantine approval of imported animals and plants, the inspection of an accompanying certificate of conformity, the examination of documentation, on-site inspection, supervisory sampling inspection, the inspection of import and sales records, and a combination of all the foregoing. Article 11 The GACC may assess and examine the food safety management system and food safety status of a foreign country or region, and determine corresponding inspection and quarantine requirements based on the results of the assessment and examination. Article 12 Under any of the following circumstances, the GACC may initiate an assessment and examination of a foreign country or region: (1) The foreign country or region applies for the first export of a class or kind of food to China. (2) A material adjustment occurs to the food safety, animal and plant quarantine laws and regulations, or organizational structure, among others, of the foreign country or region. (3) An appropriate authority of the foreign country or region applies for the effectuation of a material adjustment to the inspection and quarantine requirements for a class or kind of food it exports to China. (4) A material outbreak of animal or plant disease or food safety incident occurs in the foreign country or region. (5) The Customs discovers a serious problem in the food exported to China and holds that there is an outbreak of animal or plant disease or a potential food safety risk. (6) An assessment and examination is otherwise necessary. Article 13 An assessment and examination of the food safety management system of a foreign country or region shall mainly include the assessment and confirmation of the following: (1) Laws and regulations related to food safety and animal and plant quarantine. (2) The organizational structure for supervision and administration of food safety. (3) Information on an outbreak of animal or plant disease and prevention and control measures. (4) The management and control of pathogenic microorganisms, pesticides and veterinary drugs, and pollutants, among others. (5) Safety and health control in the steps of production, processing, transportation, and warehousing of food. (6) The supervision and administration of exported food safety. (7) The food safety protection, traceability, and recall system. (8) The early warning and emergency response mechanism. (9) Capabilities for technical support. (10) Otherwise relating to an outbreak of animal or plant disease and food safety. Article 14 The GACC may arrange for experts to conduct an assessment and examination in the forms of examination of materials, video inspection, and on-site inspection, among others, or in a combination of the forms. Article 15 The GACC shall arrange for experts to examine the application materials, written assessment questionnaires, and other materials submitted by a country or region subject to assessment and examination, with the content of examination including the authenticity, completeness, and validity of the materials. According to the examination of materials, the GACC may require the appropriate authority of the relevant country or region to provide omitted information or materials. If the country or region has passed the examination of materials, the GACC may arrange for experts to conduct a video inspection or on-site inspection of its food safety management system. The appropriate authority of the relevant country or region and relevant enterprises may be required to take corrective action on any problem discovered. The relevant country or region shall provide necessary assistance for assessment and examination. Article 16 Where a country or region subject to assessment and examination falls under any of the following circumstances, the GACC may terminate the assessment and examination, and notify an appropriate authority of the relevant country or region: (1) Failing to respond within 12 months of receiving the written assessment questionnaire. (2) Failing to provide information and materials as required within three months after receiving a notice from the GACC. (3) A sudden material outbreak of animal or plant disease or a material food safety incident. (4) Failing to cooperate with the Chinese side in completing a video inspection or on-site inspection, or failing to effectively complete corrective action. (5) Voluntarily applying for termination of the assessment and examination. Under any circumstance in subparagraphs (1) and (2) of the preceding paragraph, an appropriate authority of the relevant country or region may apply for an extension for a special reason, and with the approval of the GACC, submit the relevant materials within a period determined anew by the GACC. Article 17 After the completion of an assessment and examination, the GACC shall notify an appropriate authority of the country or region subject to assessment and examination of the results of the assessment and examination. Article 18 The GACC shall exercise registration administration of overseas production enterprises that export food to China, and release a list of registered enterprises. Article 19 An overseas exporter or agent that exports food to China (hereinafter referred to as the "overseas exporter or agent") shall make a filing with the GACC. A food importer shall make a filing with the customs office in the place of its domicile. An overseas exporter or agent, or food importer shall be responsible for the authenticity and validity of the materials it provides when making a filing. A list of overseas exporters or agents and food importers which have made a filing shall be released by the GACC. Article 20 Where the content of the filing made by an overseas exporter or agent, or food importer undergoes a modification, it shall initiate the modification procedures with the filing authority within 60 days from the modification date. If the Customs discovers that the information filed by an overseas exporter or agent, or food importer is erroneous, or the content of its filing fails to be modified in a timely manner, the Customs may order it ......