Q1: Can food purchased in foreign markets be directly imported for domestic sales?

A1: Subject to availability. If the purchased food comes from an overseas manufacturer registered with the General Administration of China Customs and meets the relevant standards and requirements, it can be imported, otherwise it will not be allowed to be imported.

According to Article 9 and Article 10 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety, imported food shall comply with the laws, regulations, and national food safety standards of China and the special requirements of any international treaty or agreement entered into or acceded to by China. The Customs Administration shall implement conformity assessment on import food in accordance with the laws and administrative regulations on the inspection of import and export goods. Qualified food purchased in foreign markets complies with the laws and regulations and food safety standards of the country (region) where it is located, but may not meet the relevant regulations and standards of China.

The Regulations of the People's Republic of China on the Registration and Administration of Overseas Manufacturers of Imported Food implemented on January 1, 2022 clearly stipulates that all overseas manufacturers of production, processing and storage that export food to China (hereinafter referred to as "overseas manufacturers of imported foods") shall obtain registration with the GACC. When a registered enterprise exports food to China, it shall mark the registration number in China or the registration number approved by the competent authority of the country (region) on the inner and outer packaging of the food. A registered manufacturer shall mark the Chinese registration number or the registration number approved by the competent authority of the country/region on the inner and outer packaging of the foods exported to China.

Q2: How to register as an "overseas manufacturer of imported food"?

A2: Meet the registration requirements for overseas manufacturers of imported foods, and submit a registration application and relevant materials to the GACC according to procedures.

According to Article 5 of Regulations of the People's Republic of China on the Registration and Administration of Overseas Manufacturers of Imported Food, the registration conditions for overseas manufacturers of imported foods are as follows:

1. The food safety management system of the country/region where the manufacturer is located has passed GACC’s equivalence assessment and/or review;

2. The manufacturer was established with approval by the competent authority of the country/region, and the manufacturer is under effective regulation by the competent authority;

3. The manufacturer has an established, effective food safety and sanitation management system and protection system, legally produces and exports food in the country/region, and ensures that foods exported to China comply with relevant Chinese laws, regulations, and national food safety standards;

4. Food exporting to China conforms with relevant inspection and quarantine requirements that have been agreed upon after discussion by the GACC and the competent authorities of the country/region.

Registration of overseas manufacturers of imported foods include recommendation for registration by competent authority of the country/region, and application for registration by a manufacturer. Among them, the overseas manufacturers of 18 categories of foods shall be recommended by the competent authorities of their countries/regions to the GACC for registration: meat and meat products, casings, aquatic products, dairy products, bird’s nests and bird’s nest products, bee products, eggs and egg products, edible oils and fats, oilseeds, stuffed pastry products, edible grains, milled grain industry products and malt, fresh and dehydrated vegetables and dried beans, condiments, nuts and seeds, dried fruits, unroasted coffee beans and cocoa beans, foods for special dietary purposes, and functional foods. The overseas manufacturers of other categories of foods shall be applied for registration by manufacturers.

Q3: What shall be done if imported food fails conformity assessment by Customs?

A3: Specific treatment according to the nonconforming items and circumstances, generally including technical rectification, ordered to return or destruction.

According to Article 33 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety, import food shall be permitted to import upon passing the conformity assessment by the Customs Administration. The Customs Administration shall issue a certificate of non-conformity for the import food failing the conformity assessment by the Customs Administration;

For the foods of non-conformity involving safety, health and environmental protection, the Customs Administration shall send a written notice to a food importer and order him or her to destruct or return the food involved;

For the corresponding import food that fails such technical treatment within a prescribed time period or still fails to meet the relevant requirements after the technical treatment, the Customs Administration shall order the food importer to destruct or return the food involved.

Summary

Manufacturers, operators and importers of imported foods shall strictly review whether the imported food meets the requirements of laws and national food safety standards, and earnestly assume the main responsibilities for food safety. In case of violation of relevant stipulations, corresponding legal responsibilities shall be borne.

Source: 12360 Customs Hotline

Note: This article is compiled by Antion, please indicate our source if reprint it.