Order on Issuing the Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products
Order on Issuing the Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products
Order on Issuing the Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products
Order of the General Administration of Customs No. 249
April 12, 2021
The Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products, which were adopted upon deliberation at the executive meeting of the General Administration of Customs on March 12, 2021, are hereby promulgated and shall come into effect as of January 1, 2022. The Administrative Measures for the Safety of Imported and Exported Food Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 144 on September 13, 2011 and revised in accordance with Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 184 issued on October 18, 2016 as well as Order of the General Administration of Customs No. 243 issued on November 23, 2018, the Administrative Measures for the Inspection and Quarantine of Honey for Export promulgated as Order of the former State Administration for Entry-Exit Inspection and Quarantine No. 20 on February 22, 2000 and revised in accordance with Order of the General Administration of Customs No. 238 issued on April 28, 2018, the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Aquatic Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 135 on January 4, 2011 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018, the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Meat Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 136 on January 4, 2011 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018, the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Dairy Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 152 on January 24, 2013 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018, and the Administrative Regulations on the Record-filing of Producers of Food Products for Export promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 192 on November 14, 2017 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018 shall be repealed simultaneously.
Ni Yuefeng, Director
Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products
Chapter I General Provisions
Article 1 With a view to ensuring the safety of imported and exported food products and protecting the life and health of human beings, animals and plants, these Measures are formulated in accordance with laws and administrative regulations including the Food Safety Law of the People's Republic of China (hereinafter referred to as the “Food Safety Law”) and the implementing regulations 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 Commodities and the implementing regulations thereof, the Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine and the implementing regulations thereof, the Frontier Health and Quarantine Law of the People's Republic of China and the implementing rules thereof, the Law of the People's Republic of China on the Quality and Safety of Agricultural Products and the Special Provisions of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products.
Article 2 Whoever engages in the following activities shall abide by these Measures:
1. production or trading activities related to imported or exported food products; or
2. supervision and administration of producers and traders of imported and exported food products as well as the safety of their imported and exported food products conducted by the Customs.
Those engaging in the production or trading of additives or food-related products for imported and exported food products shall be subject to the relevant provisions of the General Administration of Customs ("GAC").
Article 3 Safety work related to imported and exported food products shall adhere to the principles of safety first, prevention first, risk management, full-process control and international co-governance.
Article 4 Producers and traders of imported or exported food products shall be responsible for the safety of imported or exported food products produced or traded by them.
Producers and traders of imported or exported food products shall engage in production and trading activities related to imported or exported food products under international treaties and agreements concluded or acceded to by China, Chinese laws and regulations as well as the national standards for food safety, accept supervision and administration in accordance with the law, ensure the safety of imported or exported food products, be responsible to society and the public and assume social responsibility.
Article 5 The GAC shall be in charge of the supervision and administration of the safety of imported and exported food products nationwide.
The Customs at all levels shall be responsible for the supervision and administration of the safety of imported and exported food products within the areas under their jurisdiction.
Article 6 The Customs shall use information technology to enhance the level of supervision and administration of the safety of imported and exported food products.
Article 7 The Customs shall strengthen publicity and education on the safety of imported and exported food products, and popularize food safety-related laws and administrative regulations, as well as national standards and knowledge.
The Customs shall strengthen the exchange and cooperation with food safety-related international organizations, overseas government agencies, overseas food industry associations and overseas consumer associations, etc., to create a pattern of international co-governance in regard to the safety of imported and exported food products.
Article 8 Customs officers who engage in the supervision and administration of the safety of imported and exported food products shall possess relevant professional knowledge.
Chapter II Import of Food Products
Article 9 Imported food products shall comply with Chinese laws and regulations, and meet the national standards for food safety. Where there are special requirements in international treaties or agreements concluded or acceded to by China, such requirements of international treaties or agreements shall further be met.
Whoever imports any food products for which there are not yet national standards regarding the safety thereof shall meet the requirements of the relevant standards published by the health administration under the State Council for interim application.
Whoever uses any new food raw material to produce food products shall, in accordance with Article 37 of the Food Safety Law, obtain a hygiene administrative permit for new food raw materials from the health administration under the State Council.
Article 10 The Customs shall conduct conformity assessment of imported food products in accordance with relevant laws and administrative regulations on inspection of imported and exported commodities.
The conformity assessment activities related to imported food products shall include: assessment and examination of the food safety management systems of overseas countries (regions) that export food products to China (hereinafter referred to as “overseas countries (regions)”), registration of overseas producers, record-filing and conformity assurance of importers and exporters, quarantine approval of entry animals and plants, checking of certificates of conformity attached, document review, on-site inspection, supervision and sampling inspection, checking of import and sales records as well as combinations of various items.
Article 11 The GAC may conduct assessment and examination of the food safety management systems and food safety status of overseas countries (regions), and, based on the assessment and examination results, determine corresponding inspection and quarantine requirements.
Article 12 The GAC may initiate assessment and examination of overseas countries (regions) under any of the following circumstances:
1. an overseas country (region) applies for initial export of a certain category or type of food products to China;
2. there is a major adjustment to food safety, animal and plant quarantine-related laws and regulations or organizations, etc., of an overseas country (region);
3. there is a major adjustment upon application by the competent department of an overseas country (region) to the inspection and quarantine requirements on a certain category or type of food products exported to China;
4. a major animal or plant epidemic or a food safety incident occurs in an overseas country (region);
5. the Customs identifies a serious problem with the food products exported to China and believes that there is an animal or plant epidemic or a hidden danger in regard to food safety; or
6. other circumstances requiring assessment and examination.
Article 13 The assessment and examination of the food safety management system of an overseas country (region) shall mainly include the assessment and confirmation of the following matters:
1.
......
Order of the General Administration of Customs No. 249
April 12, 2021
The Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products, which were adopted upon deliberation at the executive meeting of the General Administration of Customs on March 12, 2021, are hereby promulgated and shall come into effect as of January 1, 2022. The Administrative Measures for the Safety of Imported and Exported Food Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 144 on September 13, 2011 and revised in accordance with Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 184 issued on October 18, 2016 as well as Order of the General Administration of Customs No. 243 issued on November 23, 2018, the Administrative Measures for the Inspection and Quarantine of Honey for Export promulgated as Order of the former State Administration for Entry-Exit Inspection and Quarantine No. 20 on February 22, 2000 and revised in accordance with Order of the General Administration of Customs No. 238 issued on April 28, 2018, the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Aquatic Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 135 on January 4, 2011 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018, the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Meat Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 136 on January 4, 2011 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018, the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Dairy Products promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 152 on January 24, 2013 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018, and the Administrative Regulations on the Record-filing of Producers of Food Products for Export promulgated as Order of the former General Administration of Quality Supervision, Inspection and Quarantine No. 192 on November 14, 2017 and revised in accordance with Order of the General Administration of Customs No. 243 issued on November 23, 2018 shall be repealed simultaneously.
Ni Yuefeng, Director
Administrative Measures of the People's Republic of China for the Safety of Imported and Exported Food Products
Chapter I General Provisions
Article 1 With a view to ensuring the safety of imported and exported food products and protecting the life and health of human beings, animals and plants, these Measures are formulated in accordance with laws and administrative regulations including the Food Safety Law of the People's Republic of China (hereinafter referred to as the “Food Safety Law”) and the implementing regulations 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 Commodities and the implementing regulations thereof, the Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine and the implementing regulations thereof, the Frontier Health and Quarantine Law of the People's Republic of China and the implementing rules thereof, the Law of the People's Republic of China on the Quality and Safety of Agricultural Products and the Special Provisions of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products.
Article 2 Whoever engages in the following activities shall abide by these Measures:
1. production or trading activities related to imported or exported food products; or
2. supervision and administration of producers and traders of imported and exported food products as well as the safety of their imported and exported food products conducted by the Customs.
Those engaging in the production or trading of additives or food-related products for imported and exported food products shall be subject to the relevant provisions of the General Administration of Customs ("GAC").
Article 3 Safety work related to imported and exported food products shall adhere to the principles of safety first, prevention first, risk management, full-process control and international co-governance.
Article 4 Producers and traders of imported or exported food products shall be responsible for the safety of imported or exported food products produced or traded by them.
Producers and traders of imported or exported food products shall engage in production and trading activities related to imported or exported food products under international treaties and agreements concluded or acceded to by China, Chinese laws and regulations as well as the national standards for food safety, accept supervision and administration in accordance with the law, ensure the safety of imported or exported food products, be responsible to society and the public and assume social responsibility.
Article 5 The GAC shall be in charge of the supervision and administration of the safety of imported and exported food products nationwide.
The Customs at all levels shall be responsible for the supervision and administration of the safety of imported and exported food products within the areas under their jurisdiction.
Article 6 The Customs shall use information technology to enhance the level of supervision and administration of the safety of imported and exported food products.
Article 7 The Customs shall strengthen publicity and education on the safety of imported and exported food products, and popularize food safety-related laws and administrative regulations, as well as national standards and knowledge.
The Customs shall strengthen the exchange and cooperation with food safety-related international organizations, overseas government agencies, overseas food industry associations and overseas consumer associations, etc., to create a pattern of international co-governance in regard to the safety of imported and exported food products.
Article 8 Customs officers who engage in the supervision and administration of the safety of imported and exported food products shall possess relevant professional knowledge.
Chapter II Import of Food Products
Article 9 Imported food products shall comply with Chinese laws and regulations, and meet the national standards for food safety. Where there are special requirements in international treaties or agreements concluded or acceded to by China, such requirements of international treaties or agreements shall further be met.
Whoever imports any food products for which there are not yet national standards regarding the safety thereof shall meet the requirements of the relevant standards published by the health administration under the State Council for interim application.
Whoever uses any new food raw material to produce food products shall, in accordance with Article 37 of the Food Safety Law, obtain a hygiene administrative permit for new food raw materials from the health administration under the State Council.
Article 10 The Customs shall conduct conformity assessment of imported food products in accordance with relevant laws and administrative regulations on inspection of imported and exported commodities.
The conformity assessment activities related to imported food products shall include: assessment and examination of the food safety management systems of overseas countries (regions) that export food products to China (hereinafter referred to as “overseas countries (regions)”), registration of overseas producers, record-filing and conformity assurance of importers and exporters, quarantine approval of entry animals and plants, checking of certificates of conformity attached, document review, on-site inspection, supervision and sampling inspection, checking of import and sales records as well as combinations of various items.
Article 11 The GAC may conduct assessment and examination of the food safety management systems and food safety status of overseas countries (regions), and, based on the assessment and examination results, determine corresponding inspection and quarantine requirements.
Article 12 The GAC may initiate assessment and examination of overseas countries (regions) under any of the following circumstances:
1. an overseas country (region) applies for initial export of a certain category or type of food products to China;
2. there is a major adjustment to food safety, animal and plant quarantine-related laws and regulations or organizations, etc., of an overseas country (region);
3. there is a major adjustment upon application by the competent department of an overseas country (region) to the inspection and quarantine requirements on a certain category or type of food products exported to China;
4. a major animal or plant epidemic or a food safety incident occurs in an overseas country (region);
5. the Customs identifies a serious problem with the food products exported to China and believes that there is an animal or plant epidemic or a hidden danger in regard to food safety; or
6. other circumstances requiring assessment and examination.
Article 13 The assessment and examination of the food safety management system of an overseas country (region) shall mainly include the assessment and confirmation of the following matters:
1.
......