General Administration of Customs of China
Decree 249 Announcing the Administrative Measures on Import and
Export Food Safety
The
Administrative Measures on Import and Export Food Safety, as
deliberated and adopted at the executive meeting of the General
Administration of Customs on March 12, 2021, is hereby issued,
and shall come into force on January 1, 2022. The
Administrative Measures on Import and Export Food Safety issued
as AQSIQ Decree 144 on September 13, 2011, revised by
AQSIQ Decree 184 on October 18, 2016 and revised by GACC Decree
243 on November 23, 2018, the Measures for the Administration
of Inspection and Quarantine of Exported Honey released
as AQSIQ Decree 20 on February 22, 2000 and revised by GACC
Decree 238 on April 28, 2018, the Measures for the
Supervision and Administration of Inspection and Quarantine of
Imported and Exported Aquatic Products released as AQSIQ
Decree 135 on January 4, 2011 and revised by GACC Decree 243
on November 23, 2018, the Measures for the Supervision and
Administration of Inspection and Quarantine of Imported and Exported Meat Products released as AQSIQ Decree 136 on
January 4, 2011 and revised by GACC Decree 243 on November 23,
2018, the Measures for the Supervision and Administration of
Inspection and Quarantine of Imported and Exported Dairy
Products released as AQSIQ Decree 152 on January 24, 2013
and revised by GACC Decree 243 on November 23, 2018, as well as
the Administrative Provisions on the Filing of Export Food Producers released as AQSIQ Decree 192 on November 14,
2017 and revised by GACC Decree 243 on November 23, 2018 will be
annulled at the same
time.
Minister Ni Yuefeng April 12, 2021
Administrative Measures on Import and Export Food Safety of the People’s Republic of China
Chapter I General
Provisions
Article 1
To safeguard import and export
food safety and protect the life and health of humans, 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 its implementing
regulations, Customs Law of the People’s Republic of China, the
Law of the People’s Republic of China on the Inspection of
Import and Export Commodities and the implementing regulations
thereof, the Law of the People’s Republic of China on the
Quarantine of Animals and Plants at Entry and Exit and the
implementing regulations thereof, the Frontier Health and
Quarantine Law of the People’s Republic of China and its
implementation regulations, the Law of the People’s Republic of
China on Quality and Safety of Agricultural Products, and the
Special Rules of the State Council on Strengthening the
Supervision and Administration of the Safety of Food and Other
Products.
Article 2 These
Measures shall be observed in the following activities:
1.
The production and other business operations of food
imports and exports;
2.
Customs oversight of import and export food producers and
operators, and their import and export food safety.
(Oversight of)
the production and business operations of import and export food
additive and food-related products shall follow the relevant
provisions of GACC.
Article 3
Work involving import and export
food safety shall adhere to the principles of safety first,
prevention- oriented, risk management, whole-process control,
and global co-governance.
Article 4
Producers and operators are held
accountable for the safety of the import and export food they
produce and handle.
Producers and
operators of imported and exported food conduct production and
other business operations in accordance with international
agreements China concludes or participates in, Chinese laws,
regulations, and national food safety standards; such production
and business operations are under oversight following laws to
ensure import and export food safety, be responsible to the
society and the public, and assume social responsibilities.
Article 5 The
General Administration of Customs of the People’s Republic of
China (GACC) oversees import and export food safety in the
country.
Local Customs
of various levels are responsible for oversight of import and
export food safety in the areas under their jurisdiction
respectively.
Article 6
Customs uses information technology means to improve the
oversight of import and export food safety.
Article 7
Customs shall strengthen the
publicity and education about the safety of import and export
food, and launch public education about food safety laws,
regulations, national food safety standards, and relevant
knowledge.
Customs strengthens exchanges and
cooperation with international organizations engaged in food
safety, overseas government agencies, overseas food industry
associations, overseas consumer associations, and the like, to
create a pattern of global governance of import and export food
safety.
Article 8
Customs officials engaging in
oversight of import and export food safety shall possess the
necessary professional knowledge.
Chapter II Food Imports
Article 9
Import food shall conform with
Chinese laws, regulations, and national food safety standards;
for special requirements in international treaties and
agreements concluded or participated in by China, such
requirements shall be honored.
Import foods
without corresponding Chinese national food safety standards
shall conform with the temporarily applied standard announced by
the health authority under the State Council.
Foods produced
with new food materials shall, according to Article 37 of the
Food Safety Law, obtain administrative licensing for new food
materials issued by the health authority under the State
Council.
Article 10
Customs conducts conformity
assessments on import foods in accordance with relevant laws and
regulations for import and export commodity inspection.
A conformity
assessment of food imports includes: evaluation and review of
the food safety management system of a foreign country (region)
that export foods to China [hereinafter referred to as foreign
country (region)], registration of overseas production
facilities, record filing and conformity guarantee by importers
and exporters,
quarantine and approval of entry animals and
plants, examine the attached compliance certification documents,
document examination, on-site inspection, supervision and
sampling tests, examination of the import and sales records, as
well as a combination of these activities.
Article 11
GACC may evaluate and review the food safety management system
and food safety situation of a foreign country (region) and
determine the inspection and quarantine requirements based on
the results of the evaluation and review.
Article 12
Under any of the following circumstances, GACC may initiate
evaluation and review on a foreign country (region):
1.
A foreign country (region) applies to export a certain
category of food to China for the first
time;
2.
The country (region) had a significant change in its
regulations on food safety or animal and plant quarantine, or
had a significant change in the regulatory
authorities;
3.
The foreign competent authority applies for significant
adjustment of inspection and quarantine requirements for a certain category of food the
country exports to
China;
4.
A foreign country (region) had an outbreak of a
significant animal or plant disease or a food safety incident;
5.
Customs detects serious problems in food imports and
deems there is an animal/plant disease or food safety risk;
or
6.
Other circumstances requiring evaluation and
review.
Article 13
The evaluation and review of a foreign country (region)’s food
safety management system mainly includes evaluation and
confirmation of the following items:
1.
Laws and regulations related to food safety and animal
and plant diseases;
2.
The regulatory system of food
safety;
3.
Spread, prevention, and control of animal and plant
diseases;
4.
Management and control of pathogenic microorganisms,
pesticides and veterinary drugs, and contamination,
etc.;
5.
Safety and sanitation control over food production,
processing, transportation, and storage;
6.
Oversight of export food
safety;
7.
Food safety defense, traceability, and recall
system;
8.
Alert and emergency response
mechanisms;
9.
Technical support capacity;
and
10.
Other situations involving animal or plant disease and
food safety.
Article 14
GACC may organize experts to
conduct evaluation and review by means of document review, video
inspection, on-site inspection, etc., or a combination of these
means.
Article 15
GACC organizes experts to review
documents submitted by the foreign country (region) undergoing
evaluation and review, including application materials and
assessment questionnaires; the review will check the
authenticity, integrity, and validity of the documents. GACC may
request the foreign competent authority to submit information or
materials that are lacking.
For a country (region) that has passed the
document review, GACC may organize experts to conduct video
inspection or on-site inspection about its food safety
management system. Finding problems, (GACC) may request the
competent authority of relevant countries and relevant
facilities to take rectification actions.
Relevant countries (regions) shall provide
necessary assistance for the evaluation and review.
Article 16
If the country (region) undergoing
evaluation and review falls under one of the following
circumstances, GACC may terminate the evaluation and review, and
inform the foreign competent authority:
1.
No feedback 12 months after receiving the questionnaire
(issued by GACC);
2.
Fails to provide supplementary information and materials
requested by GACC within three months;
3.
An outbreak of significant animal or plant disease or
food safety incident;
4.
Fails to cooperate
with China’s
video
inspection or
on-site
inspection, fails to
effectively take corrective
actions;
5.
Applies for termination of the evaluation and
review.
For items 1 and 2, the foreign competent
authority may apply for an extension due to special reasons;
with GACC’s approval, relevant materials shall be submitted
within the new deadline set by GACC.
Article 17
After completing the evaluation
and review, GACC notifies the evaluation and review conclusions
to the competent authority of the country (region) undergoing
evaluation and review.
Article 18
GACC adopts registration
management of overseas production facilities that export food to
China and publishes the lists of registered facilities.
Article 19
Overseas exporters or agents that
export food to China (hereinafter referred to as “overseas
exporter or agent”) shall file for records with GACC.
Food importers shall file for records with
Customs at the place where they are located.
Overseas food
exporters or agents and food importers are held accountable for
the authenticity and validity of the information they provide
for record filing.
GACC announces the lists of overseas
exporters or agents and food importers that have filed for
records.
Article 20
If there is a change in the filed
information, overseas exporters or agents or food importers
shall, within 60 days from the change, update the record filing
information with Customs.
Finding that an
overseas exporter or agent or a food importer has erroneous
information in its record filing or that the filing content was
not updated in time, Customs may order it to make a correction
within a given period of time.
Article 21
Food importers shall establish
food import and sales record systems, which faithfully record
the food name, net content/specifications, quantity, date of
production, production or import batch number, shelf life,
name/address/contact information of their overseas suppliers and
domestic customers, and delivery date, etc., and keep relevant
certificates/vouchers. The records and certificates/vouchers
shall be kept for at least six months after the expiry of the
food shelf life; if the shelf life is not specified, the records
and certificates/vouchers shall be kept for at least two years
after the products are sold.
Article 22
A food importer shall establish a
system for review of overseas exporters and overseas production
facilities; the review will focus on the following content:
1.
The formulation and implementation of food safety risk
control measures; and
2.
Assurance that their foods conform to the provisions of
Chinese laws, regulations, and national food safety
standards.
Article 23
Customs oversees the food
importers’ review activities. Food importers shall be
cooperative and truthfully provide relevant information and
materials.
Article 24
Based on risk management
requirements, Customs may designate ports for food imports and
may conduct inspections at designated locations. The lists of
designated ports and designated inspection locations are
announced by GACC.
Article 25
While importing foods, a food
importer or its agent shall make a truthful declaration to
Customs in accordance with relevant laws.
Article 26
Customs carries out quarantine
examinations on food imports that are subject to entry
quarantine examination.
Article 27
Customs carries out quarantine
examinations and approval of food imports that are subject to
quarantine examination and approval of entry animals and plants.
Food importers obtain the Quarantine Permit for Import Animals
and Plants before signing a contract or agreement.
Article 28
Customs conduct on-site
inspections of food imports in accordance with the oversight
requirements; on-site inspections include but are not limited to
the following content:
1.
Whether transportation tools and storage sites conform to
safety and sanitary requirements;
2.
Whether the container number, seal number, labeling on
inner and outer packaging, and actual status of the goods are
consistent with the declaration and the attached
documents;
3.
For food of animal or plant origin, whether the packaging
and bedding materials have problems that are stipulated in
Article 22 of the Regulations for the Implementation of the Law
of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine;
4.
Whether the inner and outer packaging conforms to the
national food safety standards and whether there is
contamination, damage, water damage, or
leaking;
5.
Whether the labels, markings, and instructions on the
inner and outer packaging conform to the provisions of the laws,
regulations, national food safety standards, and GACC
rules;
6.
Whether the food has the normal sensory appearances it
should have;
7.
For frozen and refrigerated foods, whether the freshness
and the center temperature conform to the requirements, whether
there are lesions, whether the temperature of the frozen and
refrigerated environment conform with the relevant standards,
whether the temperature control equipment in the cold chain is
in normal operation, and whether the temperature records conform
to the requirements; if necessary, a boiling test may be
conducted.
Article 29
Customs formulates and implements
the annual nationwide import food safety supervision and
sampling test plans and ad hoc supervision and sampling test
plans.
Article 30
The packaging, labels, and
markings of food imports shall conform with the provisions of
Chinese laws, regulations, and national food safety standards;
if product instructions are required, instructions in Chinese
shall be attached.
For fresh and
frozen meat imports, the inner and outer packaging shall have
labels in Chinese and English or in Chinese and the language of
the exporting country (region) that are securely fixed, clear,
and easy to recognize. The labels shall include the following
content: country (region) of origin, product name, registration
number of the production facility, and batch number. The outer
packaging shall include a label in Chinese with the product
specification, place of production (specific
state/province/city), destination, date of production, shelf
life, storage temperature, etc. The destination must be marked
as the People’s Republic of China, with the official inspection
and quarantine labels of the exporting country (region) affixed.
For aquatic
product imports, the inner and outer packaging shall have labels
in Chinese and English or Chinese and the language of the
exporting country (region) that are firm, clear, and easy to
recognize. The label shall include the following content:
commodity name and scientific name, product specifications, date
of production, batch number, shelf life and storage conditions,
production methods (ocean catch, freshwater catch, or
aquaculture), production area (marine fishing area, freshwater
fishing country or region, country or region where the
aquaculture products come from), the name/registration
number/address (specific city/province/state ) of all involved
production and processing facilities (including fishing vessels,
processing vessels, transport vessels, and independent cold
storage). The destination must be marked as the People’s
Republic of China.
The Chinese
labels of imported health food and foods for special dietary
purposes must be printed on the minimum sales packages; (Chinese
labels) must not be affixed.
If special
marks/logos are required on the inner and outer packaging of
food imports, such requirements shall be followed.
Article 31
Food imports shall be stored in a
site designated or accredited by Customs at the port of arrival;
if the food imports need to be moved, the move must be approved
by Customs, and necessary safety protection measures shall be
taken following requirements of Customs.
The designated
or accredited sites shall comply with the requirements
stipulated in laws, regulations, and national food safety
standards
Article 32
Bulk food imports shall be
inspected at the port of discharge in accordance with the
requirements of
Customs.
Article 33
Food imports which have been
assessed as compliant in the Customs’ compliance evaluation may
be imported.
Customs issues
certificates of noncompliance to food imports assessed as
noncompliant. If food imports fail in safety, health, or
environmental protection items, Customs will notify the importer
in writing and instruct the importer to destroy or return the
goods. If food imports fail in other items, the food may be
imported after technical treatment and passing the compliance
assessment. If food imports cannot complete the technical
treatment within the specified time period or fail again in the
compliance assessment after technical treatment, Customs will
instruct the food importer to destroy or return the food.
Article 34
If food safety incidents abroad
may cause risks to food safety in China, or Customs detects
noncompliant food imports in its oversight work, or detects
other food safety problems, GACC and its authorized Customs
offices may, based on risk assessment results, impose control
measures on food imports, such as increasing the proportion of
inspections and sample testing.
If, after
taking control measures including increasing the proportion of
inspection and sample testing, GACC again detects noncompliant
food imports, or has evidence proving the imported food poses
severe safety risks, GACC and authorized Customs offices
directly subordinate to GACC may request food importers to
provide inspection reports issued by qualified inspection
institution for each batch (of imported food). Customs verifies
the testing reports submitted by food importers.
Article 35
In the following circumstances,
GACC may, based on risk assessment results, take control
measures on relevant foods, such as suspending or prohibiting
imports:
1.
There is a major animal or plant disease outbreak or a
significant change in the food safety situation in
the exporting country (region), which makes it impossible
to effectively guarantee the safety of food exports to China;
2.
Food imports are contaminated by quarantined infectious
pathogens, or there is evidence proving that
(the food) could become a vector of quarantined
infectious diseases, and there is no effective sanitation
treatment to be taken;
3.
The food imports under Customs’ control measures pursuant
to Article 34 paragraph 2 of these
Measures are again found to be noncompliant in items of
safety, health, and environmental
protection;
4.
The overseas production facility violates relevant
Chinese laws and regulations, and circumstances are serious; or
5.
Other information indicates that relevant foods pose
significant safety
risks.
Article 36
When the safety risk of food
imports has been reduced to a manageable level, GACC and
authorized Customs offices directly subordinate to GACC
may
lift the corresponding control measures in
the following ways:
1.
Food subject to the control measures provided in
Article 34
paragraph 1 of these Measures, which
has no noncompliance within the specified time period and
batches may be released from the control measures based on a
risk assessment;
2.
For food subject to the control measures provided in
Article 34
paragraph 2 of these Measures, Customs may, based on a risk assessment, lift the control
measures if the exporting country (region) has
taken
preventative
measures and GACC’s risk assessment proves the (measures)
safeguard food safety and control animal/plant epidemic, or
there is no noncompliant food within the specified time period
and batches since the control measures were implemented.
3.
Foods that are under control measures including import
suspension or prohibition may be released from the control
measures if the competent authority of the exporting country
(region) has taken risk control measures and the food passes
GACC assessment; upon the resumption of food imports GACC may,
depending on assessment, adopt the control measures provided in
Article 34 of these
Measures.
Article 37
Finding food imports noncompliant
with laws, regulations, or national food safety standards, or
when there is evidence showing that the food imports may harm
human health, food importers shall, in accordance with the
provisions of Article 63 and Article 94.3 of the Food Safety
Law, stop the import, sales, and use of the food immediately;
recall the foods; notify relevant producers, food operators, and
consumers; and record the recall and notification. The importer
shall report the food recall, notification, and disposal to the
local Customs office.
Chapter III Food for Export
Article 38
(Chinese) export food producers
shall ensure that their food for export complies with the
standards of the importing country (region) or the contract; if
international treaties and agreements concluded or participated
in by China have special requirements, such requirements in
international treaties or agreements shall be followed.
If the
importing country (region) does not have an eligible standard,
nor does the contract have requirements, and the international
treaties/agreement China concluded or participated in do not
have relevant requirements, the export food producers shall
ensure their food for export complies with the national food
safety standards of China.
Article 39
Customs implements oversight on
food for export. Oversight measures for export food include
record filing of the crop and animal farms of raw materials,
record filing of export food producers, facility verification,
document review, on-site inspection, supervision and sample
testing, sampling inspection at ports, overseas notification
verification, and various combinations of such measures.
Article 40
A crop or animal farm producing
materials that are used in food for export shall file for record
at the local Customs office.
GACC uniformly
announces the list of raw material crop and animal farms which
have record filing; the procedures and requirements for record
filing are formulated by GACC.
Article 41
Customs oversees the record filed
crop and animal farms by means of document review, on-site
inspections, and facility verifications, etc.
Article 42
A food export facility shall file
for records with local Customs; the procedure and requirements
for record filing are formulated by GACC.
Article 43
When a foreign country (region)
requests registration of food production facilities that export
food to the country (region) and requests GACC recommendation,
the food production facility must apply to the local Customs
office; the local Customs office conducts an initial
verification and reports the (application) to GACC.
GACC handles
facility registration recommendation with other countries based
on the facilities’ credit, oversight, and local Customs offices’
initial verification; relevant procedures and requirements for
facility registration recommendation in other countries are
formulated by GACC.
Article 44
Export food producers shall
establish a complete and traceable food safety and sanitation
control system, and guarantee effective operation of the system,
ensure the production, processing, and storage process comply
with the relevant laws, regulations, and health and safety
requirements for export food producers of China; if the laws and
regulations of the importing country (region) and relevant
international treaties and contracts have special requirements,
such requirements shall be followed.
Export food
producers shall establish a supplier evaluation system, a
receiving inspection record system, a production record keeping
system, a delivery inspection record system, a traceability
system for food exports, and a disposal mechanism for
noncompliant food. Relevant records shall be authentic and valid
and be kept for at least six months after the expiry of the food
shelf life; if the shelf life is not specified, the records
shall be kept for no less than two years.
Article 45
Export food producers shall
guarantee that the packaging and transportation methods of food
for export conform to food safety requirements.
Article 46
Export food producers shall
indicate their record filing number, product name, production
batch number, and date of production on the packaging.
If the
importing country (region) or contract has special requirements,
the above labeled items may be adjusted by the production
facilities with approval of Customs directly under GACC, as long
as the products remain traceable.
Article 47
Customs oversees the operation of
the food safety and sanitation control systems of export food
producers in the region. The oversight includes routine
inspections and annual inspections.
The inspections can be conducted through
document review, on-site inspections, and facility
verifications, etc., and can be carried out in conjunction with
the verification of overseas notifications of food exports,
supervision and sample testing, and on-site inspection.
Article 48
The Customs office of the place of
origin conducts inspections and quarantine on food for export
pursuant to laws.
GACC may, for
the purpose of facilitating foreign trade and export food
inspection/quarantine, designate Customs offices in other
locations to carry out the inspection and quarantine.
Article 49
Export food producers or exporters
shall apply to the Customs office at the place of origin or
where the goods are assembled for pre-export declaration
supervision in accordance with the laws, regulations, and
provisions of GACC.
After the Customs office at the place of
origin or at the place where goods are assembled accepts the
pre-export declaration supervision application, it conducts
on-site inspection, supervision, and sample testing of the
export food that requires inspection and quarantine in
accordance with laws.
Article 50
Customs formulate the annual national export food safety
supervision and sample testing plans and implement the plans.
Article 51
If Customs’ on-site inspection and
sample testing prove the food for export conforms to the
export requirements, Customs issues certificates and
approves exports. If the importing country (region) changes
requirements on the format or content of the certificate,
Customs, with approval of GACC, may modify the format and
content of the
certificate.
If Customs’
on-site inspection and sample testing prove the food for export
is noncompliant with requirements, Customs issues written
notifications to the exporter or its agent. If technical
treatment may be taken on relevant food for export, the food may
only be exported after such technical treatment is taken and the
food is compliant; if technical treatment cannot be made, or the
food for export is still noncompliant after the technical
treatment, the food is not permitted to be
exported.
Article 52
Food exporters or their agents,
when exporting foods, shall make declaration to Customs
following laws.
Article 53
Customs conducts inspections on
food for export at ports; food that fails inspections are not
permitted to be exported.
Article 54
Taking note of export food
notified by international organizations and overseas governments
due to safety issues, GACC conducts verification (of the
notifications) and takes control measures, including adjusting
the ratio of sample testing pursuant to needs, requesting the
food exporter to provide inspection reports issued by a
qualified inspection institution for each batch (of export), or
withdrawing the recommendation to the overseas competent
authority for registration.
Article 55
Finding export food safety
problems that have caused or may cause harm to human health and
life, the export food’s producer or operator shall immediately
take proper actions to avoid or mitigate such harm and report
the safety problem to the local Customs office.
Article 56
Finding safety problems in food
for export in its oversight, Customs shall notify the municipal
government of the same level and the food safety authority in
the higher-level government.
Chapter IV Supervision and Administration
Article 57
In accordance with Article 100 of
the Food Safety Law, GACC collects and categorizes safety
information related to import and export food and establishes
the import and export food safety information management system.
Customs offices
at all levels collect and collate import and export food safety
information in their region and collect information designated
by higher-level authorities; such information shall be notified
to the local municipal government, relevant government agencies,
institutions, and facilities in the region. If the notified
information involves other regions, it shall be timely notified
to Customs of the relevant regions.
In addition to
the import and export food safety information stipulated in
Article 100 of the Food Safety Law, Customs shall collect and
categorize information related to foreign technical trade
barrier measures on food.
Article 58
Customs analyzes import and export
food safety information collected; based on the conclusions from
the analysis, Customs determines the corresponding control
measures.
Article 59
Noticing food safety incidents or
diseases in China or abroad that may affect safety of food
imports and exports or detecting serious food safety problems in
food imports and exports, Customs offices directly subordinate
to GACC shall report the findings to GACC in a timely manner.
GACC shall issue risk warnings accordingly, issue risk alert
notifications within the Customs system, and notify the State
Council’s departments of food safety, health, and agriculture.
Risk warnings notices are issued to consumers when necessary.
Where GACC issues risk warning notices,
(Customs shall) follow requirements of the risk warnings and
take control measures on the imported and exported foods
pursuant to provisions of Article 34, 35, 36 and 54.
Article 60
Customs formulates annual national
risk monitoring plans for import and export food safety; under
the plans, data and relevant information on foodborne illnesses,
food contamination, and harmful factors in food imports and
exports are systematically and continuously collected
Article 61
If food safety incidents abroad
may impact China, or assessment deems such incidents may bear
uncontrollable risks, GACC may follow international practices to
directly issue risk warning notices in the Customs system, or
issue risk warning notifications to consumers, and take the
control measures provided in Article 34, 35, and 36.
Article 62
Customs formulates and implements
the emergency response plan for emergency safety incidents of
import and export
food.
Article 63
When performing their duties of
import and export food safety oversight, Customs has the right
to take the following
measures:
1.
Enter production and operations facilities to carry out
on-site inspections;
2.
Conduct sample testing of food in production and
operations;
3.
Check and copy relevant contracts, bills, accounting
books, and other
documents;
4.
Seize and detain food proven to be noncompliant with
national food safety standards, food proven to present safety
hazards, or food illegally produced or
sold.
Article 64
Customs implements credit management on import and export
facilities.
Article 65
Customs, in accordance with laws,
conducts audits and verifications on producers and operators of
import and export food, and the crop and animal farms that file
for records (with GACC).
Article 66
Food that transits through China
shall comply with the regulatory requirements of GACC for goods
in transit. During transit, food shall not be unpacked or
removed from the transportation equipment without Customs
approval; food in transit should be transported out of China
within the specified period.
Article 67
If in disagreement with a Customs
test result, a producer or operator of import or export food may
apply for retesting in accordance with the measures for
retesting of import and export commodities.
Customs rejects retesting applications under
any of the following circumstances:
1.
Test results show that the microbiological indicators
exceed the limit;
2.
The back-up samples for retesting have passed the shelf
life; or
3.
The back-up samples cannot be used for retesting due to
other reasons.
Chapter V Legal Liability
Article 68
If the content of record filing of
a food importer has changed and the importer fails to apply for
a change of record filing with Customs, Customs may issue a
warning if the circumstances are serious.
If a food importer provides false information
for record filing, Customs impose a fine of less than 10,000
yuan.
Article 69
If a producer or an operator of
imported/exported food in China refuses to cooperate with
Customs in import and export food safety verification, refuses
to accept inquiries, or refuses requests for materials, or the
responses and the provided materials are inconsistent with the
actual situation, Customs issues a warning to the producer or
operation or imposes a fine of less than 10,000 yuan.
Article 70
Finding Chinese labels are not
affixed to imported prepackaged food, or the Chinese labels do
not conform to laws, regulations, and national food safety
standards, and the food importer refuses to destroy, return, or
take technical treatment of the food as required by Customs,
Customs issues a warning or imposes a fine of less than 10,000
yuan.
Article 71
If an entity takes imported food
away from the Customs designated or accredited site without
approval, Customs instructs the entity to take corrective
measures and imposes a fine of less than 10,000 yuan.
Article 72
An entity that falls under the
following circumstances within the scope of “failing to abide by
the provisions of the Food Safety Law for food export”
stipulated in Article 129.1.3 of the Food Safety Law should be
punished by Customs according to Article 124 of the Food Safety
Law:
1.
It switches, without approval, export food that has
passed Customs supervision and sample testing and Customs has
issued certificates for the
product;
2.
It exports food which is adulterated or fake, substitutes
low quality food for high quality food,
or substitutes noncompliant food for compliant
food;
3.
It exports food produced by production facilities that
have not obtained record filing;
4.
It exports foods produced by an unregistered facility to
a country (region) that has registration requirements for food
production facilities; or exports foods produced by a registered
facility, but the
product is not within the scope of registered food
categories;
5.
Export food is not produced using materials from crop or
animal farms which have obtained record
filing; or
6.
The producer or operator of food for export falls under
the circumstances prescribed in Articles 123,
124, 125 and 126 of the Food Safety Law, and the exported
food does not comply with the requirements of the importing
country (region).
Article 73
Anyone who violates the provisions
of these Measures and constitutes a crime shall be investigated
for criminal responsibility in accordance with the law.
Chapter VI Supplementary Provisions
Article 74
The safety oversight of areas
under special Customs supervision, bonded zones, food purchased
from markets, food traded through small-scale border trade or
barter trade should be performed pursuant to the relevant GACC
rules.
Article 75
The safety oversight of import and
export of food through mail, express delivery, cross-border e-
commerce retail, or carried by travelers should be performed
pursuant to the relevant GACC rules.
Article 76
Samples, presents, gifts,
exhibits, or donations for non-trading purposes, duty-free food,
foods imported or exported for public or private use by
embassies/consulates of other countries, foods for public or
private use by Chinese embassies/consulates and staff, foods for
private use by personnel of Chinese facilities stationed abroad
should be governed by the relevant provisions of GACC.
Article 77
The producers and operators of
food imports and exports referred to in these Measures include
overseas production facilities and exporters/agents exporting
food to China, food importers, facilities producing food for
export, exporters, and related personnel.
The overseas
production facilities of import food in these Measures include
overseas facilities that engage in production, processing, and
storage of foods exported to China.
Importers and
exporters of imported food in these Measures include overseas
exporters or agents that export food to China, or food
importers.
Article 78 GACC
is responsible for the interpretation of these Measures.
Article 79
These Measures come into force on January 1, 2022. The
Administrative Measures on Import and Export Food Safety issued
as AQSIQ Decree 144 on September 13, 2011 and revised by AQSIQ
Decree 184 on October 18, 2016 and GACC Decree 243 on November
23, 2018, the Measures for the Administration of Inspection and
Quarantine of Exported Honey released as AQSIQ Decree 20 on
February 22, 2000 and revised by GACC Decree 238 on April 28,
2018, the Measures for the Supervision and Administration of
Inspection and Quarantine of Imported and Exported Aquatic
Products released as AQSIQ Decree 135 on January 4, 2011 and
revised by GACC Decree 243 on November 23, 2018, the Measures
for the Supervision and Administration of Inspection and
Quarantine of Imported and Exported Meat Products released as
AQSIQ Decree 136 on January 4, 2011 and revised by GACC Decree
243 on November 23, 2018, the Measures for the Supervision and
Administration of Inspection and Quarantine of Imported and
Exported Dairy Products released as AQSIQ Decree 152 on January
24, 2013 and revised by GACC Decree 243 on November 23, 2018, as
well as the Administrative Provisions on the Filing of Export
Food Producers released as AQSIQ Decree 192 on November 14, 2017
and revised by GACC Decree 243 on November 23, 2018, will be
annulled at the same
time.
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