Order No. 249 of the General Administration of Customs (Decree on the issuance of the”Measures for the Administration of Import and Export Food Safety of the People’s Republic of China”)
By: Date: 2021-04-13 Categories: authoritativerelease Tags: ,
   The”Measures for the Administration of Import and Export Food Safety of the People’s Republic of China” were reviewed and approved at the administrative meeting of the General Administration of Customs on March 12, 2021. They are hereby promulgated and will be implemented on January 1, 2022. The original State Administration of Quality Supervision, Inspection and Quarantine Order No. 144 was announced on September 13, 2011 and in accordance with the original State Administration of Quality Supervision, Inspection and Quarantine Order No. 184 of October 18, 2016 and the General Administration of Customs Order No. 243 of November 23, 2018 The “Measures for the Administration of Import and Export Food Safety” as amended, and the “Exported Honey Inspection and Quarantine”, which was promulgated by the original State Inspection and Quarantine Bureau Order No. 20 on February 22, 2000 and amended in accordance with the General Administration of Customs Order No. 238 on April 28, 2018 Management Measures”, the former State Administration of Quality Supervision, Inspection and Quarantine Order No. 135 on January 4, 2011 and amended in accordance with the General Administration of Customs Order No. 243 on November 23, 2018 “Import and Export Aquatic Products Inspection and Quarantine Supervision and Administration Measures”, The Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Meat Products promulgated by Order No. 136 of the former General Administration of Quality Supervision, Inspection and Quarantine on January 4, 2011 and amended in accordance with Order No. 243 of the General Administration of Customs on November 23, 2018, 2013 On January 24, the former General Administration of Quality Supervision, Inspection and Quarantine Order No. 152 and revised in accordance with the General Administration of Customs Order No. 243 on November 23, 2018″Import and Export Dairy Inspection and Quarantine Supervision and Administration Measures”, November 14, 2017 The”Regulations on the Recordation Administration of Export Food Production Enterprises” promulgated by Order No. 192 of the former General Administration of Quality Supervision, Inspection and Quarantine and amended in accordance with Order No. 243 of the General Administration of Customs on November 23, 2018 shall be repealed at the same time.
   Director Ni Yuefeng
   April 12, 2021
   People’s Republic of China Import and Export Food Safety Management Measures
   Chapter 1 General Provisions
  Article 1 In order to ensure the safety of imported and exported food and protect human, animal and plant life and health, in accordance with the”Food Safety Law of the People’s Republic of China” (hereinafter referred to as the”Food Safety Law”) and its implementation regulations, the”Customs of the People’s Republic of China” The Law of the People’s Republic of China on Import and Export Commodity Inspection and its implementing regulations, the “Entry and Exit Animal and Plant Quarantine Law of the People’s Republic of China” and its implementing regulations, the “Frontier Health and Quarantine Law of the People’s Republic of China” and its implementation rules, the “People’s Republic of China The Law of the Republic of Agricultural Products Quality and Safety and the Special Provisions of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products and other laws and administrative regulations formulate these measures.
   Article 2 Those who engage in the following activities shall abide by these measures:
   (1) Import and export food production and operation activities;
   (2) The customs shall supervise and manage import and export food producers and operators and their import and export food safety.
   The production and operation activities of import and export food additives and food-related products shall be implemented in accordance with the relevant regulations of the General Administration of Customs.
  Article 3 Import and export food safety work adheres to the principles of safety first, prevention first, risk management, full control, and international co-governance.
  Article 4 Import and export food producers and operators are responsible for the safety of the import and export food they produce and operate.
   Import and export food producers and operators shall engage in import and export food production and operation activities in accordance with the international treaties and agreements that China has concluded or participated in, Chinese laws and regulations and national food safety standards, and accept supervision and management in accordance with the law to ensure the safety of imported and Responsible with the public and assume social responsibilities.
  Article 5 The General Administration of Customs is in charge of the supervision and management of national import and export food safety.
   Customs at all levels are responsible for the supervision and management of import and export food safety in their jurisdictions.
  Article 6 The customs shall use information technology to improve the supervision and management level of import and export food safety.
  Article 7 Customs strengthens the publicity and education of import and export food safety, and carries out the popularization of food safety laws, administrative regulations, and national food safety standards and knowledge.
  Customs strengthens exchanges and cooperation with international food safety organizations, foreign government agencies, foreign food industry associations, foreign consumer associations, etc., to create an international co-governance pattern for import and export food safety.
  Article 8 Customs personnel engaged in import and export food safety supervision and management shall possess relevant professional knowledge.
   Chapter 2 Food Imports
   Article 9 Imported food shall comply with Chinese laws and regulations and national food safety standards. International treaties and agreements that China has concluded or participated in shall also comply with the requirements of international treaties and agreements.
  Imported food for which there is no national food safety standard shall comply with the requirements of the relevant temporarily applicable standards promulgated by the health administration department of the State Council.
   Foods produced using new food materials shall obtain a new food raw material hygiene administrative license from the health administration department of the State Council in accordance with the provisions of Article 37 of the Food Safety Law.
  Article 10 Customs conducts conformity assessment on imported foods in accordance with relevant laws and administrative regulations on import and export commodity inspection.
  Imported food conformity assessment activities include:foreign countries (regions) exporting food to China (hereinafter referred to as foreign countries (regions)] food safety management system assessment and review, registration of overseas production enterprises, registration of importers and exporters, and conformity assurance , Entry animal and plant quarantine approval, inspection of accompanying qualification certificates, document review, on-site inspection, supervision and sampling, inspection of import and sales records, and a combination of various items.
   Article 11 The General Administration of Customs may conduct assessment and review of the food safety management system and food safety status of foreign countries (regions), and determine the corresponding inspection and quarantine requirements based on the results of the assessment and review.
   Article 12 Under one of the following circumstances, the General Administration of Customs may initiate assessment and review of overseas countries (regions):
  (1) An overseas country (region) applies for the first export of a certain type (kind) of food to China;
  (2) Food safety, animal and plant quarantine laws and regulations, organizational structures, etc. of foreign countries (regions) have undergone major adjustments;
  (3) The competent authorities of foreign countries (regions) apply for major adjustments to the inspection and quarantine requirements of certain types (species) of food exported to China;
  (4) Major animal and plant epidemics or food safety incidents occurred in overseas countries (regions);
  (5) The customs finds serious problems in the food exported to China and believes that there is an animal or plant epidemic or a food safety hazard;
  (6) Other situations that require evaluation and review.
  Article 13 The evaluation and review of the food safety management system of foreign countries (regions) mainly include the evaluation and confirmation of the following content:
   (1) Food safety, animal and plant quarantine laws and regulations;
   (2) Food safety supervision and management organization;
  (3) Epidemic situation of animals and plants and prevention and control measures;
  (4) Management and control of pathogenic microorganisms, agricultural and veterinary drugs and pollutants;
  (5) Safety and health control in food production, processing, transportation and storage;
  (6) Supervision and management of export food safety;
  (7) Food safety protection, traceability and recall system;
  (8) Early warning and emergency response mechanism;
   (9) Technical support ability;
   (10) Other situations involving animal and plant epidemics and food safety.
  Article 14 The General Administration of Customs may organize experts to conduct assessment and review through the forms and combinations of document review, video inspection, and on-site inspection.
  Article 15 The General Administration of Customs organizes experts to review the application materials and written evaluation questionnaires submitted by the countries (regions) undergoing evaluation and review. The review includes the authenticity, completeness and validity of the materials. According to the information review, the General Administration of Customs may request the competent authorities of the relevant country (region) to supplement the missing information or data.
  For countries (regions) that have passed the data review, the General Administration of Customs may organize experts to conduct video inspections or on-site inspections of their food safety management systems. The relevant national (regional) competent authorities and relevant enterprises can be required to implement rectification for the problems found.
  Relevant countries (regions) should provide necessary assistance for evaluation and review.
  Article 16 In one of the following situations in a country (region) subject to assessment and review, the General Administration of Customs may terminate the assessment and review and notify the competent authority of the relevant country (region):
   (1) No feedback is received within 12 months of receiving the written assessment questionnaire;
   (2) Failure to provide the required information within 3 months after receiving the notice from the General Administration of Customs;
  (3) Sudden major animal and plant epidemics or major food safety incidents;
   (4) Failure to cooperate with the Chinese to complete the video inspection or on-site inspection, and fail to effectively complete the rectification;
   (5) voluntarily applying for termination of evaluation and review.
   In the first and second cases of the preceding paragraph, the competent authority of the relevant country (region) may apply for an extension due to special reasons. With the approval of the General Administration of Customs, the relevant materials shall be submitted in accordance with the re-determined time limit of the General Administration of Customs.
   Article 17 After the assessment and review are completed, the General Administration of Customs shall notify the competent authorities of the countries (regions) receiving the assessment and review of the assessment and review results.
  Article 18 The General Administration of Customs shall implement registration management of overseas production enterprises that export food to China, and publish a list of registered enterprises.
   Article 19 Overseas exporters or agents (hereinafter referred to as”overseas exporters or agents”) that export food to China shall file with the General Administration of Customs.
  Food importers should file with the customs of their place of residence.
   Overseas exporters or agents or food importers shall be responsible for the authenticity and validity of the materials they provide when filing.
   The record list of overseas exporters or agents and food importers shall be announced by the General Administration of Customs.
   Article 20 If there is a change in the filing content of an overseas exporter or agent or food importer, it shall go through the formalities with the filing authority within 60 days from the date of the change.
   If the customs finds that the foreign exporter, agent, or food importer is wrong in the filing information or the filing content has not been changed in time, it may order it to make corrections within the prescribed time limit.
   Article 21 Food importers shall establish a food import and sales record system, truthfully record the name of the food, net content/specification, quantity, production date, production or import batch number, shelf life, name of overseas exporter and purchaser , Address and contact information, delivery date, etc., and save relevant vouchers. The preservation period of records and vouchers shall not be less than 6 months after the expiration of the food quality guarantee period; if the guarantee period is not clearly guaranteed, the preservation period shall be more than 2 years after the sale.
  Article 22 Food importers shall establish a review system for overseas exporters and overseas production enterprises, focusing on the following content:
   (1) Development and implementation of food safety risk control measures;
   (2) Ensure that the food complies with Chinese laws and regulations and national food safety standards.
   Article 23 The customs shall supervise and inspect the implementation of audit activities by food importers in accordance with the law. Food importers should actively cooperate and truthfully provide relevant information and materials.
  Article 24 According to the needs of risk management, the customs may conduct inspections at designated ports and designated supervision sites for imported food. The list of designated ports and designated supervision sites shall be announced by the General Administration of Customs.
   Article 25 Food importers or their agents shall truthfully declare to the customs when importing food.
  Article 26 The customs shall implement quarantine on imported foods subject to entry quarantine in accordance with the law.
  Article 27 The customs shall implement quarantine approval management on imported foods that require entry animal and plant quarantine approval in accordance with the law. Food importers should obtain entry animal and plant quarantine permits before signing trade contracts or agreements.
   Article 28 According to the needs of supervision and management, the customs shall conduct on-site inspections of imported foods. On-site inspections include but are not limited to the following:
   (1) Whether the means of transportation and storage place meet the safety and health requirements;
   (2) Whether the container number, seal identification number, identification content on the inner and outer packaging, and the actual condition of the goods are consistent with the declared information and accompanying documents;
  (3) Whether foods, packaging and bedding materials of animal and plant origin exist as prescribed in Article 22 of the”Implementation Regulations of the Entry and Exit Animal and Plant Quarantine Law”;
  (4) Whether the inner and outer packaging meets the national food safety standards, whether there is pollution, damage, dampness, or penetration;
  (5) Whether the labels, logos and instructions of the inner and outer packaging meet the requirements of laws, administrative regulations, national food safety standards, and the General Administration of Customs;
  (6) Whether the sensory properties of the food meet the expected properties of the food;
   (7) Whether the freshness of frozen and refrigerated food meets the requirements, whether the core temperature meets the requirements, whether there is disease, whether the temperature of the freezing and refrigeration environment meets the requirements of relevant standards, whether the cold chain temperature control equipment and facilities are operating normally, whether the temperature records meet the requirements, necessary The cooking test can be carried out at the time.
   Article 29 The customs shall formulate the annual national imported food safety supervision and random inspection plan and special imported food safety supervision and random inspection plan, and organize the implementation.
  Article 30 The packaging, labeling and marking of imported food shall comply with Chinese laws and regulations and national food safety standards; if there should be instructions in accordance with the law, there shall also be instructions in Chinese.
   For imported fresh and frozen meat products, the inner and outer packaging should have strong, clear, and legible Chinese and English or Chinese and export country (region) text marks, indicating the following:country (region) of origin, name of product, and manufacturer Registration number, production batch number; specifications, place of origin (specifically to the state/province/city), destination, production date, shelf life, storage temperature, etc. should be marked on the outer packaging in Chinese, and the destination must be marked as the People’s Republic of China, plus Apply the official inspection and quarantine mark of the exporting country (region).
   For imported aquatic products, the inner and outer packaging should have strong, clear, and legible Chinese and English or Chinese and export country (region) text marks, indicating the following:commodity name and scientific name, specifications, production date, batch number, warranty period And preservation conditions, production methods (seawater fishing, freshwater fishing, aquaculture), production areas (ocean fishing areas, freshwater fishing countries or regions, countries or regions where the aquaculture products are located), and all production and processing enterprises involved (including fishing vessels and processing vessels) , Transport ship, independent cold storage) name, registration number and address (specific to the state/province/city), the destination must be marked as the People’s Republic of China.
   The Chinese labels of imported health foods and special dietary foods must be printed on the smallest sales package and must not be affixed.
  Imported foods that are equipped with special marking regulations shall be implemented in accordance with relevant regulations.
   Article 31 After the imported food arrives at the port, it shall be stored in a place designated or approved by the customs; if it needs to be moved, it must be approved by the customs and necessary safety protection measures shall be taken in accordance with the requirements of the customs.
  The designated or approved premises shall comply with the requirements of laws, administrative regulations and national food safety standards.
   Article 32 Bulk imported food in bulk shall be inspected at the port of unloading in accordance with customs requirements.
   Article 33 Imported food shall be allowed to be imported if it has passed the conformity assessment of the customs.
  If the imported food is unqualified by the customs, the customs shall issue a certificate of non-conformity; if the items related to safety, health, and environmental protection are unqualified, the customs shall notify the food importer in writing and order it to be destroyed or returned; other items are not qualified. Only those that are qualified can be imported only if they meet the requirements of conformity assessment after technical treatment. If the relevant imported food cannot be technically processed within the specified time or is still unqualified after technical processing, the customs shall order the food importer to destroy or return it.
  Article 34 Food safety incidents occurring overseas may cause hidden food safety hazards in China, or unqualified imported foods are found in the process of customs supervision and management of imported food, or other food safety issues are discovered by the General Administration of Customs and authorized The customs directly under the jurisdiction of the People’s Republic of China may implement control measures such as increasing the proportion of supervision and random inspection on relevant imported foods based on the results of risk assessment.
   After the customs adopts control measures such as increasing the proportion of supervision and random inspection on imported foods in accordance with the provisions of the preceding paragraph, if unqualified imported food is found again, or there is evidence that the imported food has major safety hazards, the General Administration of Customs and the authorized customs may Food importers are required to submit inspection reports issued by qualified inspection agencies to the customs in batches. The customs shall verify the inspection report provided by the food importer.
   Article 35 Under any of the following circumstances, the General Administration of Customs may take control measures such as suspension or prohibition of import of relevant foods based on the results of the risk assessment:
  (1) A major animal and plant epidemic occurs in the exporting country (region), or a major change in the food safety system fails to effectively guarantee the safety of food exported to China;
   (2) Imported food is contaminated by pathogens of quarantine infectious diseases, or there is evidence that it can become a vector of quarantine infectious diseases and cannot be effectively sanitized;
  (3) The imported food that the customs implements the control measures specified in Article 34, paragraph 2 of these Measures, once again finds that the relevant safety, health, and environmental protection items are unqualified;
  (4) Overseas production companies violate relevant Chinese laws and regulations and the circumstances are serious;
   (5) Other information shows that the relevant food has major safety hazards.
   Article 36 When the safety risk of imported food has been reduced to a controllable level, the General Administration of Customs and the authorized customs directly under the authority may release the corresponding control measures in the following ways:
  (1) If the food that is subject to the control measures in the first paragraph of Article 34 of these Measures is not found to be unqualified within the specified time and batch, the control measures can be lifted on the basis of risk assessment;
   (2) The exporting country (region) has taken preventive measures for the food that is subject to the control measures of Article 34, Paragraph 2 of these Measures, and the risk assessment of the General Administration of Customs can ensure food safety and control the risk of animal and plant epidemics, or If no unqualified food is found within the specified time and batch from the date of implementation of the control measure, the customs may lift the control measure based on the risk assessment;
   (3) For foods that are subject to import suspension or prohibition of import control measures, the exporting country (region) competent authority has adopted risk control measures, and the General Administration of Customs has assessed that they meet the requirements, the suspension or import prohibition measures can be lifted. For the resumption of imported food, the General Administration of Customs may adopt the control measures specified in Article 34 of these Measures based on the assessment.
  Article 37 Food importers who discover that imported food does not comply with laws, administrative regulations and national food safety standards, or have evidence that may endanger human health, shall comply with Articles 63 and 9 of the Food Safety Law The third paragraph of Article 14 stipulates that the import, sales and use shall be stopped immediately, the recall shall be implemented, the relevant producers and operators and consumers shall be notified, the recall and notification shall be recorded, and the food recall, notification and handling shall be reported to the local customs.
   Chapter 3 Food Export
  Article 38 Exported food production enterprises shall ensure that their exported food meets the standards or contract requirements of the importing country (region); if the international treaties or agreements that China has concluded or participated in have special requirements, they shall also comply with the international treaties or agreements Requirements.
  Importing countries (regions) do not have standards for the time being, and contracts are not required, and the international treaties or agreements that China has concluded or participated in do not have relevant requirements, export food production enterprises shall ensure that their exported food meets China’s national food safety standards.
   Article 39 The customs shall supervise and manage exported food in accordance with the law. Export food supervision and management measures include:export food raw material planting and breeding farm filing, export food production enterprise filing, enterprise verification, document review, on-site inspection, supervision and random inspection, port random inspection, overseas notification and inspection, and a combination of various items.
   Article 40 Exported food raw material planting and breeding farms shall file with the local customs.
   The General Administration of Customs publishes a unified list of raw material planting and breeding farms for the record. The procedures and requirements for the record shall be formulated by the General Administration of Customs.
   Article 41 The customs shall, in accordance with the law, adopt methods such as document review, on-site inspection, and enterprise verification to supervise the planting and breeding farms of the recorded raw materials.
   Article 42 The export food production enterprise shall file with the customs of the place of domicile, and the filing procedures and requirements shall be formulated by the General Administration of Customs.
   Article 43 If a foreign country (region) implements the registration management of export food production enterprises exported from China to the country (region) and requires the General Administration of Customs to recommend, the export food production enterprise must apply to the customs at the place of residence. The customs at the place of residence shall report to the General Administration of Customs after preliminary verification.
  The General Administration of Customs organizes and conducts external recommendation and registration based on the corporate credit, supervision and management, and the initial verification of the customs of the place of residence. The procedures and requirements for external recommendation and registration shall be formulated by the General Administration of Customs.
   Article 44 Exported food production enterprises shall establish a complete and traceable food safety and sanitation control system, ensure the effective operation of the food safety and sanitation control system, and ensure that the export food production, processing, and storage processes continue to comply with relevant Chinese laws and regulations and exports The safety and hygiene requirements of food production enterprises; if the relevant laws and regulations of the importing country (region) and relevant international treaties and agreements have special requirements, they shall also meet the relevant requirements.
   Export food production enterprises shall establish a supplier evaluation system, purchase inspection record system, production record file system, factory inspection record system, export food traceability system and substandard food disposal system. The relevant records shall be true and effective, and the storage period shall not be less than 6 months after the expiration of the food shelf life; if there is no clear guarantee of the shelf life, the preservation period shall not be less than 2 years.
   Article 45 Exported food production enterprises shall guarantee the export of food packages
  The method of installation and transportation meets food safety requirements.
   Article 46 Exported food production enterprises shall mark the transportation package
  Note the manufacturer’s record number, product name, production batch number and production date.
   Where the importing country (region) or contract has special requirements, under the premise of ensuring the traceability of the product, and with the approval of the directly affiliated customs, the export food production enterprise may adjust the labeling items specified in the preceding paragraph.
   Article 47 Customs shall treat the food of export food production enterprises within its jurisdiction
Supervise and inspect the operation of the product safety and health control system. Supervision and inspection include daily supervision and inspection and annual supervision and inspection.
   Supervision and inspection can adopt methods such as document review, on-site inspection, and enterprise verification, and can be carried out in conjunction with overseas notification and verification of exported food, supervision and random inspection, and on-site inspection.
   Article 48 Exported food shall be inspected and quarantined by the customs of the place of origin according to law.
   The General Administration of Customs may designate other places for inspection and quarantine in accordance with the needs of facilitating foreign trade and export food inspection and quarantine.
   Article 49 Exported food production enterprises and exporters shall, in accordance with laws, administrative regulations and the provisions of the General Administration of Customs, submit an application for supervision before export declaration to the customs of the place of origin or the place of organization.
   After the customs of the place of origin or group of goods accepts the application for supervision before food export declaration, it shall conduct on-site inspection and supervision and random inspection of the exported food that needs to be inspected and quarantined according to law.
  Article 50 The customs shall formulate an annual national export food safety supervision and sampling plan and organize its implementation.
  Article 51 If the exported food meets the requirements through customs on-site inspection and supervision and random inspection, the customs shall issue a certificate and be allowed to export. Where the importing country (region) requires changes in the form and content of the certificate, the form and content of the certificate may be changed with the approval of the General Administration of Customs.
  If the exported food does not meet the requirements after customs on-site inspection and supervision and random inspection, the customs shall notify the exporter or its agent in writing. If the relevant export food can be processed technically, it shall be allowed to be exported after the technical processing is qualified; if the food cannot be processed technically or is still unqualified after the technical processing, the export shall not be allowed.
   Article 52 Food exporters or their agents shall truthfully declare to the customs when exporting food.
   Article 53 The customs shall inspect the exported food at the port. If the inspection fails, the export shall not be allowed.
  Article 54 If exported food is notified by international organizations or foreign government agencies due to safety issues, the General Administration of Customs shall organize inspections, and adjust the supervision and random inspection ratios as needed, and require food exporters to submit information to the customs in batches. Control measures such as inspection reports issued by qualified inspection agencies and withdrawal of registration recommendations to overseas official competent agencies.
   Article 55 If there is a safety problem in exported food, which has caused or may cause harm to human health and life safety, the export food producer and business operator shall immediately take corresponding measures to avoid and reduce the damage, and report to the local customs.
   Article 56 If the customs finds safety problems during the supervision and management of exported food, it shall report to the government at the same level and the food safety authority of the government at the next higher level.
   Chapter 4 Supervision and Management
  Article 57 The General Administration of Customs collects and aggregates import and export food safety information in accordance with Article 100 of the Food Safety Law, and establishes an import and export food safety information management system.
   Customs at all levels are responsible for the collection and sorting of import and export food safety information within their jurisdiction and the higher-level customs, and notify local governments, relevant departments, institutions and enterprises in their jurisdictions in accordance with relevant regulations. If the notified information involves other regions, the relevant regional customs shall be notified at the same time.
  The import and export food safety information collected and summarized by the customs includes, in addition to the content specified in Article 100 of the Food Safety Law, information on technical trade measures for overseas food.
  Article 58 Customs shall conduct risk research and judgment on the collected import and export food safety information, and determine corresponding control measures based on the results of risk research and judgment.
   Article 59:Where food safety incidents or epidemics within or outside the country may affect the safety of imported and exported food, or if serious food safety problems are found in imported and exported food, the customs directly under the jurisdiction shall promptly report to the General Administration of Customs; According to the situation, the Department conducts risk warning, issues risk warning notices in the customs system, and reports to the food safety supervision and management, health administration, and agricultural administration departments of the State Council, and issues risk warning notices to consumers when necessary.
   If the General Administration of Customs issues a risk warning notice, it shall adopt the provisions of Article 34, Article 35, Article 36 and Article 54 of these Measures for the import and export of food according to the requirements of the risk warning notice. Control measures.
  Article 60 The customs formulates an annual national import and export food safety risk monitoring plan, and systematically and continuously collects monitoring data and related information on food-borne diseases, food contamination and harmful factors in imported and exported food.
  Article 61 Food safety incidents occurring overseas may have an impact on China, or if uncontrollable risks are found after assessment, the General Administration of Customs may directly issue risk warning notices in the customs system by referring to international practices or Issue risk warning notices to consumers and adopt the control measures stipulated in Article 34, Article 35 and Article 36 of these Measures.
  Article 62 Customs formulates and organizes the implementation of emergency response plans for import and export food safety emergencies.
  Article 63 The customs shall have the right to take the following measures when performing import and export food safety supervision and management duties in accordance with the law:
   (1) Enter the production and business premises to carry out on-site inspection;
  (2) Sampling inspection of food produced and operated;
  (3) Check and copy relevant contracts, bills, account books and other relevant materials;
   (4) Seal up or detain food that has evidence that it does not meet the national food safety standards or that there is evidence that there are hidden safety hazards and illegal production and operation.
   Article 64 Customs implements credit management on import and export enterprises in accordance with the law.
  Article 65 Customs conducts inspections and inspections of import and export food producers and operators, as well as record raw material planting and breeding farms in accordance with the law.
   Article 66 Transit foods shall meet the supervision requirements of the General Administration of Customs on transit goods. During the transit period, the transit food shall not be unpacked or unloaded from the means of transport without customs approval, and shall be transported out of the country within the prescribed time limit.
  Article 67 If an import and export food producer or business operator has objections to the customs inspection results, they may apply for re-inspection in accordance with the relevant regulations on re-inspection of imported and exported commodities.
  In any of the following circumstances, the customs will not accept re-inspection:
   (1) The test results show that the microbiological indicators exceed the standard;
   (2) Re-inspection of backup samples exceeds the shelf life;
   (3) Other reasons cause the backup sample to fail to achieve the purpose of re-inspection.
   Chapter 5 Legal Responsibility
   Article 68 The content of the food importer’s record changes and fails to go through the change procedures with the customs in accordance with the regulations. If the circumstances are serious, the customs will issue a warning.
   If a food importer provides false filing information in the filing, the customs shall impose a fine of less than 10,000 yuan.
  Article 69 If domestic import and export food producers and operators do not cooperate with customs import and export food safety inspections, refuse to accept inquiries, provide materials, or reply content and materials provided are inconsistent with the actual situation, the customs will issue a warning or 10,000 Fines below RMB yuan.
   Article 70 During the supervision of imported pre-packaged food, the customs found that the imported pre-packaged food was not affixed with Chinese labels or that the Chinese label did not comply with laws, regulations and national food safety standards. Food importers refused to implement destruction and destruction in accordance with customs requirements. In case of return shipment or technical handling, the customs shall impose a warning or a fine of less than 10,000 yuan.
   Article 71 If the imported food is taken away from the place designated or approved by the customs without the permission of the customs, the customs shall order the correction and impose a fine of less than 10,000 yuan.
   Article 72 The following illegal acts fall under the provisions of Article 129, Paragraph 1, Item 3 of the”Food Safety Law” for”exporting food that fails to comply with the provisions of this law”, the customs shall comply with the”Food Safety Penalties are imposed under Article 124 of the Law:
   (1) Unauthorized exchange of exported food that has been subject to customs supervision and random inspection and has issued a certificate;
  (2) Exports adulterated, faked as genuine, shoddy food or substandard export food pretending to be qualified export food;
  (3) Exporting food produced by a food production enterprise that has not been filed for export;
  (4) Exporting food produced by unregistered export food production enterprises or exporting food outside the scope of registration produced by registered export food production enterprises to countries (regions) with registration requirements;
  (5) The export food produced by the export food production enterprise does not use the raw materials of the filed planting and breeding farm in accordance with the regulations;
  (6) Producers and operators of exported food are under the circumstances stipulated in Article 123, Article 124, Article 125, and Article 126 of the Food Safety Law , And the exported food does not meet the requirements of the importing country (region).
   Article 73 Violation of the provisions of these Measures, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law.
   Chapter VI Supplementary Provisions
  Article 74 The supervision and management of import and export food safety in special customs supervision areas, bonded supervision sites, market procurement, border small trade and border trade between border residents shall be implemented in accordance with the relevant regulations of the General Administration of Customs.
   Article 75 The supervision and management of import and export food safety by mail, express mail, cross-border e-commerce retail, and passenger carrying shall be handled in accordance with the relevant regulations of the General Administration of Customs.
   Article 76 Non-trade foods such as samples, gifts, gifts, exhibits, aids, tax-free foods, foods used by foreign embassies and consulates in China and their personnel to enter and exit the country for public and personal use, and embassies abroad The supervision and management of food for public and personal use by consulates and their personnel, and food for personal use by Chinese enterprises stationed abroad shall be handled in accordance with the relevant regulations of the General Administration of Customs.
  Article 77 The term “imported and exported food production and business operators” mentioned in these Measures includes:overseas production enterprises, overseas exporters or agents, food importers, export food production enterprises, exporters and related parties that export food to China Personnel etc.
  本办法所称进口食品的境外生产企业包括向中国出口食品的境外生产、加工、贮存企业等。
  本办法所称进口食品的进出口商包括向中国出口食品的境外出口商或者代理商、食品进口商。
  第七十八条  本办法由海关总署负责解释。
  第七十九条  本办法自2022年1月1日起施行。 2011年9月13日原国家质量监督检验检疫总局令第144号公布并根据2016年10月18日原国家质量监督检验检疫总局令第184号以及2018年11月23日海关总署令第243号修改的《进出口食品安全管理办法》、2000年2月22日原国家检验检疫局令第20号公布并根据2018年4月28日海关总署令第238号修改的《出口蜂蜜检验检疫管理办法》、2011年1月4日原国家质量监督检验检疫总局令第135号公布并根据2018年11月23日海关总署令第243号修改的《进出口水产品检验检疫监督管理办法》、2011年1月4日原国家质量监督检验检疫总局令第136号公布并根据2018年11月23日海关总署令第243号修改的《进出口肉类产品检验检疫监督管理办法》、2013年1月24日原国家质量监督检验检疫总局令第152号公布并根据2018年11月23日海关总署令第243号修改的《进出口乳品检验检疫监督管理办法》、2017年11月14日原国家质量监督检验检疫总局令第192号公布并根据2018年11月23日海关总署令第243号修改的《出口食品生产企业备案管理规定》同时废止。