Import Knowledge According to the Order No. 249 of the GACC II

Date: 2022-Aug-23 Source:Fuzhou Customs 12360 View: 1616

Last week, we shared Import Knowledge According to the Order No. 249 of the GACC I. This week, we continue to share related import knowledge as follows.

Obligations stipulated in the revised Measures for the daily management of importers

l  Change of filing information

Article 20, paragraph 1 Where there is a change in the content of the filing, the overseas exporter or agent or food importer shall process the modification formalities with the filing authorities within 60 days from the change date.

l  Food import and sales record system

Article 21 A food importer shall establish a food import and sales record system, truthfully record the name, net content/specification, quantity, production date, production or import lot number, shelf life, the name, address, and contact information of the overseas exporter or purchaser, delivery date, and other information on food, and keep relevant documents. The records and documents shall be kept for not less than six months after the expiration of shelf life of food, or for not less than two years after sale in the absence of such shelf life.

l  Food importer self-audit system

Article 22 A food importer shall establish an overseas exporters and overseas production enterprises audit system with a focus on examining the following:

(I) Formulation and implementations of food safety risk control measures;

(II) Ensurance that the food complies with the laws, regulations, and national food safety standards of China;

l  Recall of import food

Article 37 Upon discovering that the import food fails to comply with laws, administrative regulations and national food safety standards, or there are evidences proving that the import food poses potential hazards to human health, food importers should, based on Article 63 and the third paragraph of Article 94 of the Food Safety Law, immediately suspend the import, sales and use, implement a recall, give a notice to relevant food producers, operators and consumers, record the processes of recall and notice, and file a report to the local Customs Administration about such recall, notice and response.

Provisions on Legal Liabilities for Imported Food in the Measures

l  Penalties for food importers filing related illegal acts

Article 68 The record of a food importer, has been modified, and the importer has failed to process the change formalities with the Customs Administration according to the stipulations, the Customs Administration shall give a warning if the circumstances are serious.

Any food importer providing false information in the record shall be imposed a fine less than RMB 10,000 by the Customs Administration.

l  Penalties for failing to cooperate in inspection

Article 69 Any producers and operators of import and export food in China that fail to cooperate with the Customs Administration in inspection on import and export food safety, refuse to answer questions and provide materials, or provide the answers and materials that are inconsistent with the actual conditions, shall be warned or imposed a fine less than RMB 10,000 by the Customs Administration.

l  Penalties for label related illegal acts

Article 70 The Customs Administration, upon discovering the Chinese labels unattached to the prepackaged import food, or Chinese labels attached failing to comply with laws, regulations and Chinese national standards on food safety during relevant supervision, and the food importer refuses to destruct, return or technically treat the food according to requirements of the Customs Administration, shall give the food importer a warning or impose a fine less than RMB 10,000.

l  Penalties for unauthorized removal of imported food

Article 71 For the import food moved away from the place designated or approved by the Customs Administration without its permission, the Customs Administration shall give an order for correction, and impose a fine less than RMB 10,000.

Source: Fuzhou Customs 12360

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