Food Importation Further Facilitated with New Customs Clearance Protocol

On Feb. 2, 2019, General Administration of Customs (GAC) released announcement No.2019-29^[1] detailing new customs protocols designed to expedite market access, making good on promises contained within the State Council’s manifesto to upgrade bonded zones^[2]. The new protocols came into effect on its publication date.

Customs Clearance First, Lab Testing After

GAC could grant market access to food products (after selection of testing samples from consignment/batch) if importers meet the following two requirements:

• The importer shall sign a letter guaranteeing imported foods are compliant with China’s standards and regulations (including those for packaging, storage, transportation temperature).

• The importer shall have a well-established record system relating to food import and sale.

The new customs reforms should be a major boost to the food industry particularly stakeholders dealing in fast moving consumer goods and spoilable products with a limited shelf life. Although the new reforms certainly facilitate market access they do not entail a reduction in regulatory compliance requirements. On the contrary, the new reforms require stakeholders to establish a robust product recall and post-release rectification system and also bear full legal liability for the safety of their goods. If safety or compliance issues are discovered after testing, stakeholders will be required to conduct a product recall and could be subject to a ban or suspension of further importation activities.