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1、 THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY - Date: GAIN Report Number: Post: Report Categories: Approved By: Prepared By: Report Highlights: On November 15, Chinas General Administration of Qual
2、ity Supervision, Inspection, and Quarantine (AQSIQ) notified the WTO of Administrative Measures on Import and Export Food Safety as G/SPS/N/CHN/314. The comment period for this draft measure ends on January 14, 2011. China has not yet determined an implementation date for the proposed Measures. This
3、 report is an INFORMAL translation of this document. Melinda Meador and Wu Bugang Michael Woolsey FAIRS Subject Report Administrative Measures on Import and Export Food Safety Beijing China - Peoples Republic of 12/14/2010 Public Voluntary Executive Summary: On November 15, Chinas General Administra
4、tion of Quality Supervision, Inspection, and Quarantine (AQSIQ) notified the WTO of Administrative Measures on Import and Export Food Safety as G/SPS/N/CHN/314. These Measures apply to inspection, quarantine and safety supervision and management of foods for import and export. China will accept comm
5、ents on these draft measures until January 14, 2011. The proposed implementation date is to be determined. Thanks to Australian Embassy Beijing for providing a preliminary translation of these Measures. Comments can be sent to Chinas SPS Enquiry Point at This report is an INFORMAL translation of thi
6、s document. General Information: BEGIN TRANSLATION Administrative Measures on Import and Export Food Safety Chapter I General Provisions Article 1 In order to guarantee import and export food safety and also protect the life and health of humans, animals and plants, the Measures are hereby formulate
7、d in accordance with the Food Safety Law of the Peoples Republic of China and its enforcement regulations, the Law of the Peoples Republic of China on Import and Export Commodity Inspection and its enforcement regulations, Special Rules of the State Council on Strengthening the Supervision and Manag
8、ement of the Safety of Food and Other Products as well as stipulations in other laws and regulations. Article 2 The Measures are applicable to the inspection, quarantine, supervision and management of import and export food. Safety management on additives in imported and exported food, food related
9、products, grains, fruits and edible live animals shall be carried out according to pertinent provisions. Article 3 The General Administration of Quality Supervision, Inspection and Quarantine of P.R.C. (hereinafter referred to as AQSIQ) is in charge of import and export food safety supervision and m
10、anagement throughout the country. Entry-exit inspection and quarantine agencies (hereinafter referred to as inspection and quarantine agencies) established at each place by AQSIQ are under its centralized leadership so as to do the import and export food safety supervision and management work pursua
11、nt to the law. Article 4 AQSIQ mainly carries out the following work: registration of overseas import food manufacturers; archiving administration of exporters or agents that export food to China; inspection of imported food; administration of exported food manufacturers; traceability of raw materia
12、ls sources used in exported; supervision and sampling inspection of exported food; classification management of imported and exported food; management of the integrity of import and export food manufacturers and operators. Article 5 Import and export food manufacturers and operators shall be honest
13、and trustworthy to guarantee food safety so as to be responsible for the society and the public. They are also required to receive social supervision and undertake social responsibilities. Article 6 Personnel (hereinafter referred to as inspection and quarantine officers) engaging in import and expo
14、rt food safety supervision and management in inspection and quarantine agencies are required to be equipped with relevant professional knowledge and receive corresponding training. Chapter II Food Import Article 7 AQSIQ will assess food safety management systems in countries or regions that export f
15、ood to China, and also conduct retrospective reviews as required by import food safety supervision and management. AQSIQ will also determine corresponding inspection and quarantine requirements based on stipulations in Chinese laws and regulations, national standard requirements on food safety, epid
16、emic situation and epidemic disease at home and abroad as well as risk analysis results on poisonous and hazardous substances in combination with system evaluation and review results specified in the preceding article. Article 8 Imported food shall satisfy national food safety standards in China as
17、well as related quarantine requirements. Before issuance of a national food safety standard, an inspection shall be implemented in accordance with the current quality and safety standards on edible agricultural products, food hygienic standards, food quality standards as well as mandatory standards
18、in food related industries. For foods imported for the first time that have no national food safety standard, the consignee shall submit the permit certificate issued by the health administration department of the State Council to the inspection and quarantine agency which shall conduct an inspectio
19、n as required by the Health Administration Department of the State Council. Article 9 AQSIQ will implement a registration system for overseas food manufacturers that export food to China and the registration work shall be carried out on the basis of pertinent stipulations by the AQSIQ. Exporters or
20、agents that export food to China shall be put on record by AQSIQ. Those who applied for archiving shall provide enterprise information for archiving and be responsible for its authenticity as required. The registration and archiving list shall be made public. Article 10 Imported foods that require a
21、n approval for import plant and animal quarantine shall obtain a Quarantine Permit of the Peoples Republic of China for Import Animals and Plants in advance. Article 11 High risk imported food, for which the risk of an epidemic situation or epidemic disease or poisonous or hazardous substances might
22、 exist, shall be imported at designated ports. Conditions and the list of designated ports will be determined and published by AQSIQ. Article 12 A consignee of imported food or his agent shall take the following materials for quarantine application to the local inspection and quarantine agency where
23、 the customs is located as required: N (I) Necessary certificates like contract, invoice, packing list, bill of lading, etc; R(II) Related approval documents; (III) Official quarantine (health) certificates from the exporting country (region) that are required to be submitted by laws and regulations
24、, bilateral agreement or protocol, etc. I (V) In case of an imported prepackaged food for the first time, it is required to provide a sample and translation of the import food label; (VI) When importing food with no national food safety standard for the first time, it is required to provide permit c
25、ertificate specified in Article 9 of these Measures; (VII) Other official certificates or supporting documents that shall be attached for imported food. When When applying for inspection and quarantine, the consignee or his agent shall apply for quarantine for the imported food one by one in accorda
26、nce with commodity name, brand, country (region) of origin, specification, quantity/weight, gross value, production date (lot number) as well as other contents specified by AQSIQ. Article 13 The inspection and quarantine agency shall check and review quarantine application materials submitted by the
27、 consignee or his agent, and accept those satisfactory applications. Article 14 Packaging and transportation tools used for imported food shall meet safety and hygienic requirements and shall be qualified through inspection and quarantine. Article 15 Chinese labels and Chinese instruction books for
28、imported prepackaged food shall comply with stipulations in Chinese laws and regulations as well as requirements of national food safety standards. Article 16 Inspection and quarantine agencies shall examine whether the contents of the label comply with laws and regulations as well as requirements i
29、n the national food safety standards, and also verify the authenticity and accuracy for contents related to quality, including inspection on format, layout and compliance of contents indicated on the label. If award, certificate, producing area and other contents are emphasized in the label or instr
30、uction book of imported food, or special components are stressed to be contained in the food, it is necessary to provide corresponding certificates. Article 17 Before acquiring the inspection and quarantine certificate, imported food shall be placed at a surveillance area designated or approved by t
31、he inspection and quarantine agency. No unit or individual is allowed to move it without the approval of the inspection and quarantine agency. Article 18 After the inspection and quarantine is determined as qualified; the inspection and quarantine agency will issue a certificate on the imported food
32、, granting its sale and usage. Certificate issued by the inspection and quarantine agency shall list commodity name, brand, country (region) of origin, specification, quantity/weight and production date (lot number) one by one. In the absence of brand or specification, it shall be marked as “None”.
33、With regard to imported food found unqualified during inspection and quarantine, the inspection and quarantine agency shall issue an unqualified certificate. If the unqualified items involve safety, health, or environmental protection, the inspection and quarantine agency shall order the party conce
34、rned to destroy the food, or produce a rejection notice for the consignee to go through the rejection process. If other items are unqualified, technical treatment may be applied under the monitoring of the inspection and quarantine agency. Once the food passes the re-inspection, it can be sold or us
35、ed. Article 19 Inspection and quarantine agencies shall keep a record of the consignee of imported food, and the consignee shall, at the local inspection and quarantine agency, provide the following documents: (I) Application form, which shall be filled completely and correctly; I (II) Originals and
36、 copies of industrial and commercial business license, organization code certificate, ID of legal representative, foreign trade business registration forms; (III) Enterprise quality and safety management system; (IV) Establishment, functions and responsibilities of organizational structures relating
37、 to food safety; (V) Categories and storage location of food proposed to be processed; (VI) Relevant document indicating food import, processing and marketing (categories and amount) within the past two years; (VII) (VII) Regarding self-care inspection items, the originals and copies of archiving ce
38、rtificate of self-care inspection unit shall be submitted. After reviewing information provided by the enterprise, the inspection and quarantine agencies shall approve the filing. Article 20 The consignee of imported food shall establish a record system of food importation and marketing, for the pur
39、pose of faithfully recording the serial number of imported foods health certificate, product name, specification, amount, manufacturing date, batch number, shelf life, names and contact information for exporters and consignees, and delivery date, etc. The recorded items shall be true and retained fo
40、r no less than two years. The inspection and quarantine agency shall inspect the food importation and marketing record of the consignee under its jurisdiction. Article 21 AQSIQ adopts a risk monitoring system on imported food and manages the formulation and implementation of the annual risk monitori
41、ng plan on imported food. The inspection and quarantine agencies shall conduct and report the risk monitoring for imported food in accordance with AQSIQs risk monitoring plan. In accordance with the results of the risk monitoring on imported food, the inspection and quarantine agencies shall adjust
42、the inspection, quarantine and monitoring measures on related imported food on the basis of risk analysis. Article 22 If imported food materials are used for processing and re-export, the inspection and quarantine agencies shall inspect the food according to the mandatory requirements of the technic
43、al specifications of export food destination countries (regions) or requirements specified in the trade contract. Article 23 If the inspection and quarantine agencies find unqualified imported food, they may put the overseas manufacturer, exporter, consignee, applicant and agent of the imported food
44、 on a negative list; for those violating laws and receiving an administrative penalty, the inspection and quarantine agencies may record them on a list of illegal enterprises which will be publicly available. Chapter III Food Export Article 24 The manufacturer and operator of exported food shall ens
45、ure that the exported food meets related national (regional) standards and contract requirements. If the importing countries (regions) have no related standards and the contract has no specific requirements, the exported food shall satisfy Chinas national food safety standards. Article 25 The manufa
46、cturer of exported food shall establish a quality safety management system. The manufacturer of exported food shall prepare a purchase inspection and record system for raw materials, auxiliary materials, food additives, packaging material and containers. The manufacturer of exported food shall estab
47、lish production records, for the purpose of faithfully recording the information about safety management of exported food during production. The manufacturer of exported food shall establish an ex-factory inspection record system, for the purpose of inspecting exported food according to requirements
48、 specified in the Measures. Declaration and inspection shall be conducted after qualified inspection is achieved. Aforesaid record shall be authentic, and retained for no less than two years. Article 26 AQSIQ shall adopt a filing system of export food manufacturers, and the filing process shall comp
49、ly with related requirements of AQSIQ. Article 27 The inspection and quarantine agencies shall be responsible for monitoring and managing the implementation of quality safety and sanitary management system established by the export food manufacturers. Article 28 AQSIQ shall retain records of produce