Order No. 248 of the General Administration of Customs (Decree on the issuance of the”Regulations on the Registration and Administration of Enterprises Imported Food Overseas”)
By: Date: 2021-04-13 Categories: authoritativerelease Tags: ,
   The”Regulations of the People’s Republic of China on the Registration and Administration of Imported Food Overseas Production Enterprises” were reviewed and approved by the General Administration of Customs at a meeting of the General Administration of Customs on March 12, 2021. They are hereby promulgated and will be implemented on January 1, 2022. The former General Administration of Quality Supervision, Inspection and Quarantine Order No. 145 was promulgated on March 22, 2012, and the”Regulations on the Registration and Administration of Overseas Production Enterprises of Imported Food” as amended by the General Administration of Customs Order No. 243 on November 23, 2018 shall be repealed at the same time.
   Director Ni Yuefeng
   April 12, 2021
  Regulations of the People’s Republic of China on the Registration and Administration of Overseas Production Enterprises of Imported Food
   Chapter One General Principles
   Article 1 is to strengthen the registration management of overseas production enterprises of imported food, in accordance with the”Food Safety Law of the People’s Republic of China” and its implementing regulations, the”Import and Export Commodity Inspection Law of the People’s Republic of China” and its implementing regulations, and the”People’s Republic of China These regulations are formulated in accordance with laws and administrative regulations such as the Entry and Exit Animal and Plant Quarantine Law and its implementation regulations, the Special Provisions of the State Council on Strengthening the Supervision and Administration of Food and Other Products Safety, and other laws and administrative regulations.
   Article 2 These Regulations shall apply to the registration management of overseas production, processing and storage enterprises that export food to China (hereinafter collectively referred to as overseas production enterprises of imported food).
   The overseas production enterprises of imported food as stipulated in the preceding paragraph do not include the production, processing and storage enterprises of food additives and food-related products.
  Article 3 The General Administration of Customs is uniformly responsible for the registration and management of overseas production enterprises of imported food.
   Article 4 An overseas production enterprise of imported food shall obtain the registration of the General Administration of Customs.
   Chapter 2 Registration Conditions and Procedures
  Article 5 Conditions for registration of overseas production enterprises of imported food:
  (1) The food safety management system of the country (region) where it is located has passed the equivalence assessment and review by the General Administration of Customs;
  (2) Established with the approval of the competent authority of the country (region) where it is located and under its effective supervision;
  (3) Establish an effective food safety and hygiene management and protection system, legally produce and export in the country (region) where it is located, and ensure that the food exported to China meets relevant Chinese laws and regulations and national food safety standards;
  (4) Comply with the relevant inspection and quarantine requirements negotiated by the General Administration of Customs and the competent authority of the country (region) where it is located.
  Article 6 The registration methods for overseas production enterprises of imported food include registration recommended by the competent authority of the country (region) where they are located and application for registration by the enterprise.
   The General Administration of Customs determines the method of registration and application materials for overseas production enterprises of imported food based on the analysis of food raw material sources, production and processing technology, food safety historical data, consumer groups, eating methods and other factors, combined with international practices.
   After risk analysis or evidence showing that the risk of a certain type of food has changed, the General Administration of Customs may adjust the registration method and application materials of the corresponding food overseas production company.
  Article 7 The competent authority of the country (region) where the overseas production enterprises of the following foods are located shall be recommended to the General Administration of Customs for registration:meat and meat products, casings, aquatic products, dairy products, bird’s nest and bird’s nest products, bee products, eggs and eggs Products, edible fats and oils, stuffed pasta, edible grains, grain milling industrial products and malt, fresh and dehydrated vegetables and dried beans, seasonings, nuts and seeds, dried fruits, unroasted coffee beans and cocoa beans, special Dietary food, health food.
  Article 8 The competent authority of the country (region) where it is located shall review and inspect the company recommended for registration, and after confirming that it meets the registration requirements, recommend registration to the General Administration of Customs and submit the following application materials:
  (1) Recommendation letter from the competent authority of the country (region) where you are located;
  (2) List of companies and application for company registration;
  (3) Corporate identity documents, such as business license issued by the competent authority of the country (region) where you are located;
  (4) A statement that the competent authority of the country (region) where the company is located recommends that the company meets the requirements of this regulation;
  (5) The review report of the competent authority of the country (region) in which the relevant company is located.
   When necessary, the General Administration of Customs may request documents of the company’s food safety, hygiene and protection system, such as the floor plan of the company’s plant, workshop, and cold storage, as well as process flow diagrams.
   Article 9 The overseas food production enterprises other than the foods listed in Article 7 of these Regulations shall apply for registration to the General Administration of Customs and submit the following application materials by themselves or by their agents:
   (1) Application for business registration;
  (2) Corporate identity documents, such as the business license issued by the competent authority of the country (region) where it is located;
   (3) A statement that the company promises to meet the requirements of this regulation.
   Article 10 The content of the application for enterprise registration shall include the name of the enterprise, the country (region) where it is located, the address of the production site, the legal representative, contact person, contact information, the registration number approved by the competent authority of the country (region), and the application for registration Information on food types, production types, production capacity, etc.
   Article 11 The registration application materials shall be submitted in Chinese or English. If the relevant country (region) and China have agreed otherwise on the registration method and application materials, it shall be implemented in accordance with the agreement of both parties.
   Article 12 The competent authority of the country (region) where it is located or the overseas manufacturer of imported food shall be responsible for the authenticity, completeness and legality of the submitted materials.
  Article 13 The General Administration of Customs, on its own or entrusted by relevant agencies, organizes an evaluation team to conduct evaluation and review of overseas manufacturers of imported food applying for registration through written inspections, video inspections, on-site inspections and other forms and combinations thereof. The assessment team is composed of more than 2 assessment reviewers.
  The overseas production enterprise of imported food and the competent authority of the country (region) where it is located shall assist in the above assessment and review work.
  Article 14 The General Administration of Customs shall, based on the assessment and review, register the overseas production enterprises of imported food that meet the requirements and give the registration number in China, and notify the competent authority of the country (region) or the overseas production enterprise of imported food in writing; The overseas production enterprise of imported food that does not meet the requirements shall not be registered, and the competent authority of the country (region) or the overseas production enterprise of imported food shall be notified in writing.
  Article 15 When a registered enterprise exports food to China, it shall mark the food’s internal and external packaging with the registration number in China or the registration number approved by the competent authority of the country (region) where it is located.
  Article 16 The validity period of registration of an overseas production enterprise of imported food is 5 years.
   When registering an overseas manufacturer of imported food, the General Administration of Customs shall determine the start and end dates of the registration validity period.
  Article 17 The General Administration of Customs shall uniformly announce the list of registered overseas manufacturers of imported food.
   Chapter 3 Registration Management
  Article 18 The General Administration of Customs, on its own or entrusted by relevant agencies, organizes an evaluation team to conduct a review of whether overseas manufacturers of imported food continue to meet the registration requirements. The assessment team is composed of more than 2 assessment reviewers.
   Article 19 During the validity period of the registration, if the registration information of an overseas manufacturer of imported food changes, it shall submit a change application to the General Administration of Customs through the registration application channel and submit the following materials:
   (1) Comparison table of registration item change information;
   (2) Proof materials related to the changed information.
   If the General Administration of Customs assesses that it can be changed, it shall be changed.
   If the production site is relocated, the legal representative is changed, or the registration number granted by the country (region) is changed, you should reapply for registration, and the registration number in China will automatically become invalid.
   Article 20 If an overseas manufacturer of imported food needs to renew its registration, it shall submit an application for renewal to the General Administration of Customs through the registration application channel within 3 to 6 months before the expiration of the registration validity period.
  The application materials for renewal of registration include:
   (1) Application for renewal of registration;
   (2) A statement that promises to continue to meet the registration requirements.
  The General Administration of Customs will renew the registration of enterprises that meet the registration requirements, and the validity period of the registration will be extended by 5 years.
  Article 21 If an overseas manufacturer of imported food has been registered in one of the following circumstances, the General Administration of Customs shall cancel its registration, notify the competent authority of the country (region) where it is located or the overseas manufacturer of imported food, and announce it:
  (1) Failure to apply for renewal of registration as required;
   (2) The competent authority of the country (region) where it is located or the overseas manufacturer of imported foods actively apply for cancellation;
  (3) No longer meets the requirements of Article 5(2) of these regulations.
   Article 22 The competent authority of the country (region) where the overseas production enterprise of imported food is located shall implement effective supervision of the registered enterprise, and urge the registered enterprise to continue to meet the registration requirements. If it is found that it does not meet the registration requirements, it shall immediately take control measures , Suspend the export of food to China by relevant enterprises until the rectification meets the registration requirements.
   When an overseas manufacturer of imported food finds that it does not meet the registration requirements, it shall take the initiative to suspend the export of food to China and immediately take corrective measures until the reform meets the registration requirements.
   Article 23 If the General Administration of Customs finds that an overseas manufacturer of registered imported food no longer meets the registration requirements, it shall order it to make rectification within the prescribed time limit and suspend the food import of the relevant enterprise during the rectification period.
   If the import of an enterprise recommended by the competent authority of the country (region) to be registered is suspended, the competent authority shall supervise the relevant enterprise to complete the rectification within the prescribed time limit, and submit a written rectification report and a written statement of compliance with the registration requirements to the General Administration of Customs.
   If an enterprise that has applied for registration by itself or by an agent is suspended from import, it shall complete the rectification within the prescribed time limit, and submit a written rectification report and a written statement conforming to the registration requirements to the General Administration of Customs.
  The General Administration of Customs shall review the rectification of the enterprise, and if the review is qualified, the food import of the relevant enterprise shall be resumed.
   Article 24 If a registered overseas production enterprise of imported food has one of the following circumstances, the General Administration of Customs shall cancel its registration and make an announcement:
   (1) A major food safety incident in imported food is caused by the enterprise’s own reasons;
  (2) Food safety problems are found during entry inspection and quarantine for food exported to China, and the circumstances are serious;
  (3) There are major problems in the food safety and sanitation management of the enterprise, and there is no guarantee that the food exported to China meets the safety and sanitation requirements;
  (4) After rectification, it still does not meet the registration requirements;
  (5) Providing false materials and concealing relevant information;
  (6) Refusing to cooperate with the General Administration of Customs in conducting re-examination and accident investigation;
   (7) Renting, lending, transferring, reselling, or fraudulently using the registration number.
   Chapter 4 Supplementary Provisions
  Article 25. If an international organization or the competent authority of a country (region) exporting food within China issues an epidemic notification, or the relevant food has discovered an epidemic or public health incident during entry inspection and quarantine, the General Administration of Customs Announcement is to suspend the import of relevant foods in this country (region), and during this period, applications for registration of relevant food production enterprises in this country (region) will not be accepted.
   Article 26 The competent authority of the country (region) in these regulations refers to the official department responsible for the safety and health supervision of the food production enterprise in the country (region) where the foreign food production enterprise is located.
   Article 27 The General Administration of Customs is responsible for the interpretation of these regulations.
   Article 28 This regulation shall come into force on January 1, 2022. The former General Administration of Quality Supervision, Inspection and Quarantine Order No. 145 was promulgated on March 22, 2012, and the”Regulations on the Registration and Administration of Overseas Production Enterprises of Imported Food” as amended by the General Administration of Customs Order No. 243 on November 23, 2018 shall be repealed at the same time.