Views: 0 Author: 12360 Customs Hotline Publish Time: 2022-10-25 Origin: 12360海关热线
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policy analyzing
Enterprises should know under Order No. 249
The 'Measures of the People's Republic of China on the Administration of Import and Export Food Safety' (Order No. 249 of the General Administration of Customs, hereinafter referred to as the 'Measures') has come into force on January 1, 2022.The 'Measures' stipulate the general requirements of my country's import and export food safety supervision, the management of food import and export, and the corresponding supervision and management measures and legal responsibilities.Based on the consultation hotspots of many enterprises since the implementation of the 'Measures', the editor has sorted out the import and export food supervision requirements that have changed significantly.
Red portionIndicates that there are new additions compared to the old method
greenSome of the indications have been modified
01
Corporate Responsibility
1. Import
Article 18 The General Administration of Customs implements registration management for overseas production enterprises exporting food to China, and publishes the list of registered enterprises.
Article 21 Food importers shall establish a food import and sales record system to truthfully record food names,net weight/Specification, quantity, production date,Production or import batch number,Shelf life, name, address and contact information of overseas exporters and buyers, delivery date, etc.,and save the relevant documents.The storage period of records and vouchers shall not be less than 6 months after the expiration of the food shelf life; if there is no specified shelf life, the storage period shall be more than 2 years after the sale.
Article 22 Food importers shall establish an audit system for overseas exporters and overseas manufacturers, focusing on the following items:
(1) The formulation and implementation of food safety risk control measures;
(2) Ensuring that the food complies with Chinese laws and regulations and national food safety standards.
2. Export
Article 38 An export food production enterprise shall ensure that its exported food meets the standards or contract requirements of the importing country (region);If the international treaties and agreements concluded or acceded to by China have special requirements, they shall also meet the requirements of the international treaties and agreements.
There is no standard for the importing country (region), nor does the contract require it.and the international treaties and agreements concluded or acceded to by China have no relevant requirements, export food production enterprises should ensure that their exported food conforms to China's national food safety standards.
Article 44 Export food production enterprisesA sound and traceable food safety and hygiene control system should be established,Ensure the effective operation of the food safety and hygiene control system, and ensure that the production, processing and storage of export food continue to comply with relevant Chinese laws and regulations, and the safety and hygiene requirements of export food production enterprises; the relevant laws and regulations of importing countries (regions) and relevant international treaties and agreements have special requirements , it should also meet the relevant requirements.
Export food production enterprises should establishSupplier Evaluation System, purchase inspection record system, production record file system, Factory inspection record system,Export food traceability system and substandard food disposal system.The relevant records should be true and valid,The shelf life shall not be less than 6 months after the expiration of the food shelf life; if there is no clear shelf life, the shelf life shall not be less than 2 years.
02
Customs supervision responsibility
01
Conformity assessment
Article 10 The customs shall conduct conformity assessment on imported food in accordance with the relevant laws and administrative regulations on import and export commodity inspection.
Imported food conformity assessment activities include: evaluation and review of food safety management systems in overseas countries (regions) [hereinafter referred to as overseas countries (regions)] that export food to China, registration of overseas production enterprises, filing of importers and exporters and qualification assurance, entry Animal and plant quarantine approval, inspection of attached conformity certificate, document review, on-site inspection, supervisory sampling inspection, inspection of import and sales records, and a combination of them.
02
Evaluation and review of overseas food safety systems
Article 11 The General Administration of Customs mayOverseas countries (regions)assessment and review of the food safety management system and food safety status, and determine the corresponding inspection and quarantine requirements based on the assessment and review results.
03
Quarantine approval
Article 27 The customs shall, according to the law, implement the administration of quarantine examination and approval on the imported food that needs the examination and approval of entry animal and plant quarantine.Food importers shall obtain entry animal and plant quarantine permits before signing trade contracts or agreements.
04
Label
Article 30 ImportFood packaging and labelling, identificationIt should comply with Chinese laws and regulations and national food safety standards;If there should be an instruction manual in accordance with the law, there should also be a Chinese instruction manual.For imported fresh and frozen meat products, there should be firm, clear, and easily identifiable Chinese and English or Chinese and exporting country (region) characters on the inner and outer packaging, indicating the following content: country (region) of origin, product name, manufacturer registration number, Production batch number; specifications, origin (specific to state/province/city), destination, production date, shelf life, storage temperature, etc. should be indicated on the outer package in Chinese, and the destination must be marked as the People's Republic of China, and the exporting country (Region) Official Inspection and Quarantine Mark.
For imported aquatic products, there should be firm, clear and legible Chinese and English or Chinese and exporting country (region) characters on the inner and outer packaging, indicating the following: trade name and scientific name, specifications, production date, batch number, shelf life and storage conditions , production method (seawater fishing, freshwater fishing, aquaculture), production area (marine fishing sea area, freshwater fishing country or region, country or region where aquaculture products are located), all production and processing enterprises involved (including fishing vessels, processing vessels, transport vessels) , independent cold storage) name, registration number and address (specific to the state/province/city), the Chinese label must be marked as the destination of imported health food in the People’s Republic of China, and the Chinese label of food for special dietary use must be printed on the smallest sales package, and no additional paste.
If there are special labeling regulations on the inner and outer packaging of imported food, the relevant regulations shall be followed.
Special attention:Labels are often encountered and prone to problems in imported food supervision.Among the unqualified information released by the General Administration of Customs this year, 13% were due to unqualified labels, mainly because Chinese labels were not affixed, and the ingredient list showed that food additives or food nutrition fortifiers were used outside the scope.This also shows that a small number of enterprises have not fulfilled their responsibility for auditing imported food that meets Chinese standards.
03
legal liability
Article 68 If the content of the food importer's record is changed, and the change formalities are not handled with the customs in accordance with the regulations, if the circumstances are serious, the customs will issue a warning.
If a food importer provides false filing information in the filing, the customs will impose a fine of less than 10,000 yuan.
Article 69 If the domestic import and export food producers and operators do not cooperate with the customs' import and export food safety inspection work, refuse to accept inquiries, provide materials, or the content of the reply and the materials provided are inconsistent with the actual situation, the customs shall impose a warning or impose a fine of less than 10,000 yuan .
Article 70 During the supervision of imported pre-packaged food, the customs finds that the imported pre-packaged food is not affixed with Chinese labels or the Chinese labels do not meet the laws and regulations and national food safety standards, and the food importer refuses to destroy, return or ship it in accordance with the requirements of the customs. For technical processing, the customs shall impose a warning or a fine of not more than 10,000 yuan.
Article 72 The following illegal acts fall under the provisions of Article 129, Paragraph 1, Item 3 of the 'Food Safety Law' 'Failure to comply with the provisions of this law to export food', the customs shall be subject to the provisions of the 'Food Safety Law' Article 122 The provisions of Article 14 impose penalties:
(1) Exchange without authorization the export food that has been inspected and inspected by the Customs and has issued a certificate;
(2) Exporting adulterated or adulterated food, using fake food as genuine or shoddy food, or using unqualified export food as qualified export food;
(3) Exporting the food produced by the export food production enterprise that has not obtained the record;
(4) Exporting food produced by unregistered export food production enterprises to countries (regions) that have registration requirements, or exporting food outside the scope of registration produced by registered export food production enterprises;
(5) The export food produced by the export food production enterprise fails to use the recorded planting and breeding farm materials in accordance with the regulations;
(6) Producers and operators of exported food are under the circumstances specified in Articles 123, 124, 125 and 126 of the Food Safety Law, and export The food does not meet the requirements of the importing country (region).
04
FAQ
Registration Requirements for Overseas Manufacturers
and information inquiries
1. Log in to the registration system and query the information of overseas production enterprises.The website of the registration management system for overseas production enterprises of imported food (hereinafter referred to as 'registration system') is:https://cifer.singlewindow.cn/, or through the China International Trade 'Single Window'(https://www.singlewindow.cn/)Portal - access to the registration management system of overseas production enterprises of imported food.
Registered overseas manufacturers of imported food can inquire about their registration number and validity period in China on the official website of the General Administration of Customs or the registration system.
2. Application for registration of overseas production enterprises.Unless otherwise agreed by the relevant overseas competent authorities and the General Administration of Customs on the application method and application materials, the 18 categories of imported food overseas listed in Article 7 of the 'Regulations on the Administration of Registration of Overseas Manufacturers of Imported Food' (hereinafter referred to as 'Registration Regulations') Manufacturers should be assigned their registration system account numbers by the competent authorities of the country (region) where they are located, and submit applications through the registration system according to the procedures.The registration system account number of the overseas competent authority shall be assigned by the General Administration of Customs.Overseas food production enterprises other than the 18 categories listed in Article 7 of the 'Registration Regulations' should apply for their registration system account by themselves, and submit the application according to the registration system process.
The registration of overseas production enterprises involves product categories
and product number query method
The registration of an overseas manufacturer of imported food involves the category of the product, the corresponding commodity number (HS code), and the name of inspection and quarantine (inspection and quarantine code), which can be inquired by logging in to the registration system.
Overseas manufacturers of imported foodimport
Declaration requirements
Foods destined for shipment to China from January 1, 2022 should be filled in the certificate column (license category code 519) under the 'Product Qualification' item of the declaration form'Registration of overseas production enterprises of imported food' in the import declaration. The company's registration number in China.In the declaration of imported food by the customs implementing the 2020 version of the declaration project, you should select 'Overseas production enterprise of imported food' in the 'Other enterprise category' column under 'Other enterprises', and enter the 'number or enterprise name' 'Column, fill in the registration number of the enterprise in China.If the declaration is not filled in as required, the customs will not accept the declaration.
Registration number labeling and packaging label identification requirements
The food exported to China produced from January 1, 2022 shall be marked with the registration number in China or the registration number approved by the competent authority of the country (region) where it is located on the inner and outer packaging of the food exported to China.
The requirements on packaging, labeling and labeling of the Measures apply to food exported to China produced from January 1, 2022; the packaging, labeling and labeling requirements of food exported to China produced before January 1, 2022 are applicable to the original requirements .
