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Detailing AQSIQ's Blacklist

Chinese consumers may have a long wish list full of demands for imported dairy, quality wines, meats, teas, chocolates etc. but if foreign food exporters, manufacturers and the government authorities that represent them don’t play by AQSIQ's rules they may find future market entry a lot slower and a lot more costly than ever before. China's bid to tightly regulate all imported foodstuffs is greatly strengthened by the implementation of China's imported food blacklist. The blacklist is supported by 3 major legislative pillars namely China's Food safety Law, the Law of the People's Republic of China on Import and Export Commodity Inspection and Measures for the Safety Administration of Imported and Exported Food (AQSIQ Order No. 144).The implementation of AQSIQ 's blacklist will have significant implications for both foreign commercial enterprise and their representatives national authority's and will require national governments to take greater responsibility for the foods they export to China .The blacklist will serve as AQSIQ’s reference to impose a tiered regulatory structure with incrementally more stringent regulatory supervision and requirements for importers of foodstuffs that violate Chinese national standards. The stringency of supervision is contingent on the number of violations incurred by individual enterprises and also considers the aggregate of violations occurring nationally within a given time period. Violations are divided into Health and safety Violations and Non-Health and Safety Violations below and further divided into individual enterprise violations and the aggregate of violations occurring on a national level. Health and Safety Violations will be subject to greater regulatory sanctions.

a) Health and Safety Violations: Use of non-regulated additives (GB 2760), bacterial contamination, GMO contamination, excess pesticide residue (MRL Standards GB 2763-2014) etc.

B) Non Health and Safety Violations: Packaging, Labeling, Certification issues etc.

Violations and Risk Category

Control Measures

Specified time (month)

Number of batches inspected

Substandard item category

Number of Product Categories

Number of Incompliant Item

Total Unqualified

Batche

Safety and Health Issues

1

1

≥2

testing report on unqualified items

6

5

1

≥2

≥4

full testing report according to relevant national standards

12

10

≥2

≥2

≥8

full testing reports of all products in the company according

to the relevant national standards

12

10

Non-safety and health

1

1

≥3

Testing report on unqualified items or supporting documentation

6

5

1

≥2

≥6

Full testing reports of unqualified products according to the relevant

national standards or supporting documentation

12

10

≥2

≥2

≥12

full testing reports of all products in the company according to

the relevant national standards  or supporting documentation

12

10

Other quality and safety risks

Testing report on specified items of specified products or

supporting documentation

12

10

National Blacklist

Risk Warning Reference Conditions

Reference control measures

Specified time

(month)

Number of Batches Tested

Substandard item category

Number of enterprises

Number of

product types

Number of

incompliant products

Number of

Incompliant Batches

Safety and Health Project

≥2

1

1

≥16

Testing report on unqualified items of all products

from the country

6

100

≥2

1

≥2

≥32

Full testing report on all unqualified products according

to relevant national standards from the country

12

200

Non-safety and health programs

≥2

1

1

≥24

Testing report on unqualified items of all products from

the country or supporting documentation

6

100

≥2

1

≥2

≥48

Full testing report on all unqualified products according to relevant national

standards from the country or supporting documentation

12

200

Other quality and safety risks

Testing report on specified items of specified products

or supporting documentation

12

200

 

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