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Guide to Customs Government Affairs Service Matters

(000129012000)

Guide to handling government affairs service matters related to "Registration of Overseas Production Enterprises of imported Food"

I. Name of matter: application for registration of overseas production enterprise of imported food

II. Type of matter: administrative licensing

III. Setting basis:

(I) "Food Safety Law of the People's Republic of China"

Article 96: Overseas exporters or agents that export food to our country and importers of imported food shall put on records at the national entry-exit inspection and quarantine department. Overseas food production enterprises that export food to the territory of China shall be registered at the national entry-exit inspection and quarantine department. Where a registered overseas food production enterprise provides false materials or causes a major food safety accident on imported food due to its own reasons, the national entry-exit inspection and quarantine department shall cancel the registration and make an announcement. The national entry-exit inspection and quarantine department shall regularly publish the list of filed overseas exporters, agents, importers and registered overseas food production enterprises.

(II) "Regulations on the Implementation of the Food Safety Law of the People's Republic of China"

Article 50: Where the national entry-exit inspection and quarantine department finds that a registered overseas food production enterprise no longer meets the registration requirements, it shall order the enterprise to make corrections within the prescribed time limit, and suspend the import of food produced by the enterprise during the correction period; where the enterprise still fails to meet the registration requirements after the corrections, the national entry-exit inspection and quarantine department shall cancel the registration of the overseas food production enterprise and make an announcement.

(III) "Regulations of the People’s Republic of China on Registration Administration of Overseas Production Enterprises of imported Foods" (Order No. 248 of General Administration of Customs)

Chapter I General Provisions

Article 1 For the purpose of strengthening registration administration of overseas production enterprises of imported foods, these Regulations are hereby formulated in accordance with the provisions of laws and administrative regulations such as the “Food Safety Law of the People’s Republic of China” and its implementing regulations, “Law of the People’s Republic of China on import and Export Commodities Inspection” and its implementing regulations, “Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine” and its implementing regulations, as well as “Special Provisions of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products”, etc.

Article 2 These Regulations shall apply to the registration administration of overseas production, processing and storage enterprises that export foods to China (hereinafter referred to collectively as "overseas production enterprises of imported foods").

The overseas production enterprises of imported foods specified in the preceding paragraph do not include the production, processing and storage enterprises of food additives and food-related products.

Article 3 The General Administration of Customs shall be uniformly responsible for the registration administration of overseas production enterprises of imported foods.

Article 4 Overseas production enterprises of imported foods shall obtain the registration from the General Administration of Customs.

Chapter II Conditions and Procedures of Registration

Article 5 Registration conditions for overseas production enterprises of imported foods are as follows:

(I) The food safety management system of the country (region) where the enterprise is located shall be subject to the equivalence evaluation and review of the General Administration of Customs;

(II) The enterprise shall be approved by the competent authority in the country (region) where it is located and subject to its effective supervision and administration;

(III) The enterprise shall establish an effective food safety and health management and protection system, legally produce and export in the country (region) where it is located, and ensure that the food exported to China meets relevant Chinese laws & regulations and national food safety standards;

(IV) The enterprise shall comply with the relevant inspection and quarantine requirements agreed upon by the General Administration of Customs and the competent authority in the country (region) where it is located.

Article 6 The registration methods for overseas production enterprises of imported foods include registration recommended by the competent authority in the country (region) where they are located and application for registration by the enterprises.

The General Administration of Customs shall, based on the analysis of factors such as food raw material sources, production and processing techniques, food safety historical data, consumer groups as well as consumption methods, etc., and combined with the international practices, determine the corresponding registration methods and application materials.

Where the risk analysis or evidence shows that the risk of a certain type of food has changed, the General Administration of Customs may make adjustment of the registration method and application materials for the overseas production enterprises of corresponding food.

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