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 |