New Draft of Overseas Food Manufacturer Registration Provisions Includes All Foods

The new draft of overseas food manufacturer registration provision is applicable to all foods, excluding food additives and food contact materials. Overseas manufacturer registration is subject to different supervision measures based on the food risk level, and those deemed as high risk food will have more stringent requirements. Apart from meat, aquatic, dairy and birds nest, more food products are subject to the stringent overseas manufacturer registration, including health food, food for special dietary uses, etc.

On November 16, 2020, China notified WTO about a new draft of Administrative Provisions on Registration of Overseas Manufacturers of Imported Foods. The content of 2020 draft includes application entity, application condition, application method, materials required, inspection method, registration number and validation, and management measures for the overseas manufacturer registration of imported food, etc. Once this draft is implemented, the original 2012 provision will be abolished.

According to the 2020 draft, overseas manufacturer registration will be subject to different measures based on the risk level of food they produce. Enterprises manufacturing high risk food, such as meat and dairy products, will undergo inspection conducted by local government first, and GAC may require more food safety documents and review if necessary. While manufacturers producing low risk food only needs to submit administrative documents to China GAC.

Who should complete overseas manufacturer registration?

2012 Provisions (currently valid)

Overseas manufacturers of meat, aquatic product, dairy product, and bird nest; (as stipulated by Manufacturer Registration Directory)
Overseas manufacturers of honey; (as stipulated by bilateral agreement or protocol, such as honey manufacturer from Kazakhstan);
Other overseas manufacturers required by GAC notifications.

2020 Draft

Overseas manufacturers of all food categories* (excluding food additives and food contact materials).

* With Two different supervision modes on high risk food and low risk food.

Registration method and requirements

	High risk food	Low risk food
Food categories included	Meat and meat products (including casing), aquatic products, dairy, bird nest and bird nest products, honey products, egg and egg products, edible oil and fat, oil materials, food made of wheat flour with stuffing inside, edible grain (rice and coarse cereals ), grain powder and malt, fresh and dried vegetables, dried beans, condiment, nuts and seeds, dried fruits, unbaked coffee beans and cocoa beans, food for special dietary uses, health food;	Other foods except those listed in high risk foods.
Application method	Manufacturer Local government China GAC	Manufacturer or entrusted enterprise China GAC
Documents required	1. Local government’s recommendation; 2. Manufacturer list and application form; 3. Legal qualification of manufacturer, e.g. local business license; 4. Local government’s commitment on manufacturer’s qualification to register; 5. Local government’s inspection report. *Other documents may be required by GAC when necessary, such as plans of factory, workshop and cold storage, etc.	1. Application registration; 2. Legal qualification of manufacturer, e.g. local business license; 3. Manufacturer’s commitment on its qualification to register.

Other noteworthy changes to provisions

Validation period: the validation period of registration will be extended to 5 years, renewal application should be submitted 3 to 6 months before the registration expires.
Manufacturers obtained registration should mark their registration number on the inside and outside package of the food products exporting to China.
The annual verification and report mechanism mentioned in the 2019 draft is no longer included in the 2020 draft. However, the 2020 draft states that the review team will re-examine whether manufacturers obtained registration are still qualified.