Local CIQs have been recently notified by AQSIQ via circular No. 34 of 2016 jointly issued by China’s NHFPC and CFDA detailing the temporary provisions for importation of food without a national food safety standard. According to the circular, imported food currently lacking a national food safety standard could still be subject to other relevant standards.
Contradictions between Law and Practical Customs Procedures
The adjustment has been made to correct inconsistencies between provisions in the new food safety law and the practical application of protocols implemented by provincial authorities during the importation process:
a. In the New Food Safety Law came into force on 1 Oct 2015 that “Imported foods, food additives and food-related products shall comply with China’s national food safety standards” .(article 92)
b. In AQSIQ’s circular No. 204 of 2015 released on 30 Sep 2015, it is again emphasized that supervision on imported food shall be strictly conducted following national food standards that as of 1 Oct 2015 Chinese industrial standards and company standards will no longer be referenced.
However problems have emerged since the new food safety law and its support regulations have been implemented as a consequence of the delay in consolidation of national food safety standards being orchestrated by the NHFPC.
Solution: Temporary arrangement
To this end, the Circular No. 34 of 2016 was issued on 12 Jan 2016 to temporarily offer food importation guidance before the consolidation is accomplished. It has been suggested by the legislative arm of the National People’s Congress, that before the establishment of a corresponding national food safety standard, the quality and safety standard of agricultural products, food hygienic standard, food quality standard or food industrial standard could still be referenced as was earlier laid down in Announcement No. 72 of 2009:
“As of the date of issue of this announcement, for food and food additives that had a record of import before the implementation of the Food Safety Law of the People’s Republic of China but do not yet have a national food safety standard, prior to the issuance and implementation of the national food safety standard, inspection shall be performed according to the standards specified in the original import records.”
Other arrangement for food without any recognized standard in China
For special cases in which the imported food has no comparable Chinese food standard an application is still required and must be supplemented with relevant safety assessment materials to be submitted to governmental authorities for approval. The latest success story is tequila, which was regulated and granted importation into China on 2013. (read detailed tequila story in ChemLinked news)
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