Food Sold Online in China via CBEC Must Comply with Chinese National Standards

Cross-border e-commerce (CBEC) is booming in China due to lax regulation. Consumer products available on CBEC platforms are subject to expedited and greatly reduced CIQ inspection procedures. CBEC foods are also not required to comply with Chinese national standards in addition to being subject to preferential taxation policies. However, on the 13th of Oct 2015, China AQSIQ issued the draft of “Detailed Rules for Supervision and Administration on Food Imported by Bonded Mode of Cross-Border E-commerce”. The new regulation is a complete U-TURN for China’s regulation on CBEC.

Foods imported through bonded import will be affected

Bonded import and direct mail/international express import are currently the two main methods used for importing goods from overseas under CBEC. For bonded import, goods are imported in bulk and stored in the bonded area. They are then unpackaged into individual sale items and sent to consumers who have placed orders on the CBEC platforms as personal articles. The new rule will be applicable to the supervision of bonded import. 

Who will be affected?

• Importers of foods through bonded warehouses.

• CBEC platform providers

• Logistics and storage companies

Obligations

Under the new regulation, the regulatory requirements for importing foods through bonded areas is essentially identical to traditionally import channels. CIQ will implement a filing management system for both stakeholders and imported products. 

Food Traders must comply with the following requirements:

• Import food categories that are permitted by the government;

• Conduct self-inspection on their own bonded import products and provide compliance evidence to local CIQ when applying for import clearance; (they should have products tested in accredited lab and all items listed in the relevant national food safety standards should be tested for initial import; testing items for subsequent import will be determined by local CIQ later. )

• Apply to local CIQ for bonded import clearance by submitting the following data:

• Product list, HS code, specification;

• The official sanitary certificate issued by exporting country;

• Product compliance evidence (test report);

• The filing number of the operator;

• Registration or filing certificate or safety assessment materials if other regulation requires.

Products banned from CBEC bonded import

• Currently, imported dairy products, aquatic products, birds’ nest and meat products must be made by overseas manufacturers that are approved by China CNCA so those from unapproved manufacturers are not allowed to be imported;

• Prior to import China has additional registration or approval requirement for health food, GM food, food without existing national food safety standards and new food raw materials prior to import. Unless this approval is granted by government these categories are not permitted.

• Goods without required quarantine certificates;

• Objects that are prohibited from entering the country listed in the Law of People’s Republic of China on the Entry and Exit Animal and Plant Quarantine;

• Animal and plant derived foods that have never been inspected and quarantined by CIQ;

• Other products that are not allowed in relevant laws and regulations or by AQSIQ’s announcement

Labeling and instruction requirements

Infant formula imported through bonded areas should have Chinese labels which must be printed on the minimum sales packages before entry. Other foods should also have Chinese labels and instructions with them or alternatively the CBEC platform providers must provide an electronic version of the Chinese labels and instructions. 

Stakeholders can submit your comments to AQSIQ before 30 Oct at this page (click here).