The Measures of the People's Republic of China for the Administration of Import and Export Food Safety (Order No. 249 of the GACC, hereinafter referred to as the Measures) came into force on January 1, 2022. The Measures stipulated the general requirements for Chinese import and export food safety supervision, food import and export management, corresponding supervision and administration measures and legal responsibilities. The important changes in import and export food regulatory requirements are sorted out below for enterprises' reference.

Note: The red parts indicate the newly added contents compared to the old Measures, the green parts indicate changes.

Main responsibilities of enterprises

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.

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;

Responsibilities of customs supervision

01 Conformity assessment

Article 10 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.

Import food conformity assessment activities include the assessment and examination of the food safety management system of a foreign country (region) exporting food to China (hereinafter simply referred to as a foreign country (region)), the registration of an overseas production enterprise, the importer and exporter record and conformity guarantee, the quarantine approval of imported animals and plants, the inspection of an accompanying certificate of conformity, the verification of documentation, on-site inspection, supervisory sampling inspection, the inspection of import and sales records, and a combination of all the miscellaneous items.

02 Assessment and examination of overseas food safety systems

Article 11 The General Administration of Customs may assess and examine the food safety management system and food safety status of a foreign country (region), and determine corresponding inspection and quarantine requirements based on the results of the assessment and examination.

03 Quarantine approval

Article 27 The Customs Administration shall, in accordance with the law, exercise quarantine approval management of the import food subject to imported animal and plant quarantine approval.

A food importer shall obtain an imported animal and plant quarantine permit before signing a trade contract or agreement.

04 Label

Article 30 The packagings, labels, and marks of import food shall comply with the laws, regulations, national food safety standards of China, and shall be accompanied by an instruction manual in Chinese if the law so requires.

The relevant provisions or stipulations shall be followed if there are any special labelling stipulations for the inner and outer packaging of import food.

Note: Label is often encountered and prone to problems in the supervision of imported food. Of the unqualified information released by the GACC this year, 13% were due to substandard labels, mainly including no Chinese label affixed and the ingredients list showing the use of food additives or nutritional fortification substances beyond the scope.

Legal responsibilities

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.

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.

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.

Source: 12360 Customs Hotline

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