According to Article 98 of the Food Safety Law of the People's Republic of China, importers shall establish a food and food additive import and sale record. What are import and sale records? Food import records refer to paper or electronic documents that record food and related import information; Imported food sale records refer to paper or electronic documents that record food importers providing imported food for food operators or consumers.

01 How to establish a complete food import record system?

Food importers should establish special food import records (except for those directly used for retail after import) and designate specific personnel to be responsible for them.

What should food import records include?

The name, brand, specification, quantity and weight, value, production batch No., production date, shelf life, place of origin, exporting country or region, name of the manufacturer and Chinese registration number, filing No., name and contact information of the exporter or agent, trade contract No., import port, destination, relevant certificate No. issued by foreign official or officially authorized agencies as needed, inspection form No., entry time, storage location, contact person and telephone number, etc. of the imported food.

02 How to establish a complete food sale record system?

The sale records of imported food should include records of sale flow, complaints from sale targets and recall records, etc. Importers should establish special sale records of imported food (except for those directly used for retail after import) and designate specific personnel to be responsible for them.

What should records of sale flow include?

The records of sale flow should include information such as the name, specification, quantity and weight, production date, production batch No., sale date, name and contact information of the purchaser (user), delivery order No., invoice No. and processing methods after recall of the imported food.

What should complaints from sale targets and recall records include?

The complaints from sale targets and recall records should include the name, specification, quantity and weight, production date, production batch No. of the imported food involved, the reason for recall or complaints from sale targets, self-inspection analysis, emergency handling methods, subsequent improvement measures, etc.

Which relevant archival materials should be preserved?

Food importers should keep the following sale record archival materials: originals or copies of purchase and sales contracts, sale invoice counterfoil, warehouse delivery forms, etc. Importers of foods for their own use should also keep processing and use records.

03 How long should food import and sale records be kept?

The records and vouchers should be kept for no less than 6 months after the expiration of the food's shelf life; If there is no clear shelf life, the retention period should be at least 2 years after sales.

04 What legal responsibilities will be borne for violating the relevant regulations on food import and sale records?

Where the importers who fail to establish and maintain the food and food additive import/ sales record system and the overseas food exporter/producer verification system, but the circumstances are not serious.

According to Article 129 of the Food Safety Law of the People's Republic of China, the importers who fail to establish and maintain the food and food additive import/ sales record system and the overseas food exporter/producer verification system will be subject to CIQ punishment pursuant to Article 126 of this Law.

Article 126, Paragraph 3 stipulates that "if the food and food additive producers and traders fail to check license and relevant document in purchase, or fail to establish and adhere to the purchase inspection records, and the ex-factory inspection record and sales record systems as required", the county and above level food producer or trader shall be ordered to make a correction or be warned by the county and above level food safety supervision and management department; when refusing to make correction, they are subject to a fine of RMB 5,000-50,000; and for serious cases, they shall be ordered to stop production or business; business license will be revoked for very serious violation.

05 Reference

● Food Safety Law of the People's Republic of China

● Measures of the People's Republic of China for the Administration of Import and Export Food Safety

● Announcement on the Issuance of the "Regulations on the Filing Management of Importers and Exporters of Imported Food" and the "Regulations on the Administration of Food Import Records and Sale Records"

● Announcement of the General Administration of China Customs on the Issuance of the "Administrative Penalty Discretion Criteria (II) of the Customs of the People's Republic of China" (GACC Announcement No. 187 of 2023)

Source: Huangpu Customs 12360 Hotline

Note: This article is compiled by Antion. Please indicate the source for reprint.