China Consults on Measures for the Safety Administration of Imported and Exported Foods

As revealed by the GAC notice ^[1] released on June 12, 2020, China is soliciting public feedback on “Measures for the Safety Administration of Imported and Exported Foods.” In comparison with the current version (amended in 2018) ^[2], this consultation draft mainly emphasized the liabilities of each party and further expounded importation and supervision requirements.

Main Content

New requirements worth attention

• As specified in Article 27, “food importers or their agent can apply for a pre-examination of imported food before importation. Based on the examination result, qualified imported food can enjoy a faster customs clearance offered by GAC.” In other words, a recognized third-party in the exporting country can conduct the pre-examination of imported food first. Then China will recognize its examination result and quicken the customs clearance speed of qualified food products.

  In fact, it’s not a new method and has already been implemented in some ports. But it is the first time to be written in regulations. And this article could expand the implementation scope to more ports. According to the consultation draft, detailed application scope, procedures, and requirements will be further formulated and published by GAC.

• According to Article 31~33, imported foods are required to be accompanied by the following documents:

1. Supervision license (including the registration/filing certificate of health food, registration certificate of infant formula and FSMP products, safety certificate of GMO food, etc.)

2. Quarantine license for imported animals and plants

3. Qualification documents (e.g., Declaration of Conformity, examination report, certificate or document issued by the competent authority or recognized institute in exporting countries, etc.)

4. Documents to show enterprises (overseas exporters, importers, etc.) have to get filed in the "Registration Systems of Imported Food Importers and Exporters ^[3]”, overseas manufacturers have passed the GAC registration*, etc.

   *The scope of GAC registration mentioned in this Measures shall be consistent with the final version of "Administrative Provisions on Registration of Overseas Manufacturers of Imported Foods." Currently, the provisions are applicable to aquatic products, dairy products, meat, and birds nest. But according to its consultation draft ^[4] released on November 26, 2019, the applicable scope might extend to all food categories, which would impose higher inward trade barriers on overseas food exporters.
   

• During the spot inspection, GAC can examine if the inner and outer packaging of products complies with the regulations in China (Article 35). The term “inner and outer packaging” here still needs further confirmation. It is not sure if China will require the Chinese labeling of products in small packages that are packed inside a larger container.

• Article 38 denoted, imported health food and special dietary food* shall have Chinese labels directly printed on the minimal sales unit packaging. Affixing labels to the products mentioned above is prohibited.

  In China, imported health food are subjected to the registration and filing system, which require mandatory Chinese labeling during the authentication. Thus, article 38 will not influence the importation of health food but mainly imported special dietary foods, including supplementary foods for infants and young children.

  *Special dietary food in China refers to infant formula, FSMP products, supplementary foods for infants and young children, complementary foods nutritional supplements, sports nutrition food, etc.

Importation and supervision requirements are further detailed.

Except for these newly added requirements, importation and supervision requirements are further expounded, such as the labeling requirements of meat and aquatic products, specific inspection items during the spot-checking, etc.

And the draft especially explains the supervision system of imported food before entering China. For example, GAC will conduct the qualification assessment of imported food from, but not limited to, the following aspects.

1. Food safety management system evaluation and review of exporting countries

2. GAC registration of overseas enterprises

3. The filing of overseas exporters and importers in China

4. Quarantine license for imported animals and plants

5. Attached qualification certificates issued by the competent authority in exporting countries/regions

6. Spot inspection, sampling, an inspection of sales records, etc.

And it also rules the situation when GAC can initiate the food safety management system evaluation and review of exporting countries, corresponding inspection items, and circumstances when GAC can stop the evaluation and review.

Liabilities and punishment

Food importers shall establish a review system to examine the food safety risk control system of manufacturers and exporters in foreign countries. (Article 24)

Importation of food from unregistered (GAC registration) overseas manufacturers will be stopped, and illegal gains will be confiscated. Moreover, importers will face a fine, which is 10%~50% of the value of the goods. (Article 82)

GAC registration approval can be revoked once overseas manufacturers fail to rectify the unqualified items in time. (Article 82)

For imported products without Chinese labels or with non-compliant labels, food importers who refuse to destroy goods, return goods, or adopts technical treatments in time will face a warning or a fine of less than 10 thousand yuan. (Article 88)

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Any feedback shall be submitted to [email protected] prior to July 11, 2020.

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