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Article 28 These Regulations shall come into force as of January 1, 2022. The “Regulations on Registration Administration of Overseas Production Enterprises of imported Foods” as promulgated in former General Administration of Quality Supervision, Inspection and Quarantine Decree No. 145 on March 22, 2012 and as amended in accordance with Decree No. 243 of the General Administration of Customs on November 23, 2018 shall be repealed at the same time.
IV. Implementing agency: import and Export Food Safety Bureau of the General Administration of Customs
V. Statutory time limit for completion: None.
VI. Affirmatory time limit for completion: None.
VII. Outcome name: The list of overseas production enterprises of imported foods uniformly published on the official website of the General Administration of Customs.
VIII. Outcome sample: none.
IX. Charging standard: free of charge.
X. Charging basis: none.
XI. Application conditions:
(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.
XII. Application materials:
(I) For overseas production enterprises of 18 types of products recommended for registration by the competent authority of the country (region) where they are located, the application materials shall include:
1. Materials to be submitted when applying for registration for the first time
XIII. Handling process:
(I) Registration application, acceptance, evaluation & review and decision
1. Application
Where the overseas production enterprises of imported foods apply for registration, change, renewal and cancellation, the application methods include being recommended by the competent authority of the country (region) where the enterprises are located and applying by the enterprises themselves.
For the overseas production enterprises of 18 types of products including the meat and meat products, casings, aquatic products, dairy products, bird’s nest and bird’s nest products, bee products, eggs and egg products, edibles fats and oils and oil plants, stuffed pasta, edible grains, grain milling industrial products and malt, fresh and dehydrated vegetables as well as dried beans, seasonings, nuts and seeds, dried fruits, unroasted coffee beans and cocoa beans, foods for special dietary uses, health food, the competent authority of the country (region) where the enterprise is located shall review and inspect the enterprise and confirm that the enterprise meets the registration requirements, and then recommend the enterprise to the General Administration of Customs and submit the application materials.
Overseas production enterprises of the foods other than the above 18 categories of products shall apply to the General Administration of Customs and submit application materials by themselves or by entrusting their agents.
2. Submission
Unless otherwise agreed by the competent authority of the relevant country (region) and the General Administration of Customs on the application method and application materials, applications for the registration, change, renewal and cancellation of overseas production enterprises of imported foods shall be submitted through the registration management system of imported food overseas production enterprises.
3. Acceptance
After receiving the application materials, the import and Export Food Safety Bureau of the General Administration of Customs will deal with it separately according to the following circumstances:
(1) Where the materials conform to the requirements, they will be accepted;
(2) Where the materials do not conform to the legal form or are incomplete, within 20 working days from the date of receipt of the application materials, the competent authority of the country (region) where the enterprises are located or the overseas production enterprises of imported foods shall be notified at one time of all the contents that need to be supplemented and corrected;
(3) Where the enterprises do not fall under the scope of implementing registration administration as required by the "Regulations of the People’s Republic of China on Registration Administration of Overseas Production Enterprises of imported Foods", it shall not accept the application and inform the competent authority of the country (region) where the enterprises are located or the overseas production enterprises of imported foods;
(4) Where the overseas enterprises applying for registration are found to provide false materials, it shall not accept the application and inform the competent authority of the country (region) where the enterprises are located or the overseas production enterprises of imported foods; where the overseas enterprises that have been registered are found to provide false materials, it shall handle according to the relevant requirements in Article 24 of "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)
The import and Export Food Safety Bureau of the General Administration of Customs may provide feedback on the acceptance status to the competent authority of the country (region) where the enterprises are located or overseas production enterprises of imported foods through written letters, fax documents, e-mails or information systems, etc.
4. evaluation and review
According to risk analysis and actual work needs, the import and Export Food Safety Bureau of the General Administration of Customs may organize a review team to conduct evaluation and review to overseas production enterprises of imported foods applying for registration through written inspections, video inspections, on-site inspections, etc., and combinations thereof. The evaluation and review forms of overseas production enterprises of imported foods are as follows:
1. Written inspection: The General Administration of Customs organizes a review team to conduct inspections on the application documents and materials submitted by the competent authority of the country (region) where the enterprises are located or overseas production enterprises through the review of the submitted application documents. According to the condition of application documents, the General Administration of Customs may request the competent authority of the country (region) where the enterprises are located or overseas production enterprises to supplement the missing information or materials.
2. Video inspection: The General Administration of Customs organizes a review team to conduct inspections on the enterprise's food safety and sanitation management system and its food safety and sanitation status, etc. through Internet video connections. Enterprises that accept video inspections and the competent authorities of the country (region) where they are located shall provide necessary assistance for video inspections. With regard to related issues found in the video inspection, the General Administration of Customs may request the enterprises that accept video inspections and the competent authority of the country (region) where they are located to make rectifications and submit corresponding rectifications.
3. On-site inspection: The General Administration of Customs organizes a review team to go abroad to the site of the overseas production enterprise applying for registration to conduct inspection and verification of the enterprise's food safety and sanitation management system and its food safety and sanitation status. Enterprises that accept on-site inspections and the competent authorities of the country (region) where they are located shall provide necessary assistance for on-site inspections. With regard to related issues found in the on-site inspection, the General Administration of Customs may request the enterprises that accept on-site inspections and the competent authority of the country (region) where they are located to make rectifications and submit corresponding rectifications.
The content and standards of the evaluation and review will be based on the relevant guidelines of the WTO’s OIE, IPPC and CAC, the relevant inspection and quarantine requirements negotiated by the General Administration of Customs and the competent authority of the country (region) where the enterprises are located, relevant Chinese laws and regulations, and national food safety standards.
When the import and Export Food Safety Bureau of the General Administration of Customs organizes the review team to carry out video inspections and on-site inspections, it will communicate and negotiate in advance with the competent authority of the country (region) where the enterprise is located in accordance with risk analysis and international practices.
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