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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION CONDITIONS CHAPTER III APPLICATION FOR REGISTRATION AND APPROVAL CHAPTER IV SUPERVISION AND ADMINISTRATION CHAPTER V SUPPLEMENTARY PROVISIONS Article 1. The present Provisions have been enacted on the basis of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine and the Detailed Rules for Implementation thereof, the Food Hygiene Law of the People's Republic of China, and the Law of the People's Republic of China on Import and Export Commodity Inspection as well as the Detailed Rules of Implementation thereof for the purpose of protecting the safety of agriculture, forestry, animal husbandry and fishing of our country and the health of the people, strengthening the inspection, quarantine and supervision of the imported foods. Article 2. The present Provisions shall be applicable to the administration of the registration of foreign productive, processing and storing enterprises (hereafter foreign productive enterprises) that export foods (including edible animal and plant products, the same afterwards). Article 3. The State Administration of Attestation and Certification (hereafter SAAC) shall, upon the authorization of the State Council, be in charge of the uniform administration of the registration and supervision administration of the foreign productive enterprises of imported foods. Article 4. The SAAC shall be responsible for formulating and promulgating the Catalog of Imported Foods of the Enterprises Subject to Registration (hereafter the Catalog). Article 5. Any foreign productive enterprise that exports foods listed in the Catalog to China shall apply to the SAAC for registration. Any food of any foreign productive enterprise that fails registration may not be imported. Article 6. The term ˇ°foodˇ± mentioned in the present Provisions refers to the finished products or raw materials used for human eating or drinking. CHAPTER II REGISTRATION CONDITIONS Article 7. The veterinarian services system, plant protection system and public health administration system of the country (region) where the foreign productive enterprise that applies for registration is located shall pass the evaluation of the SAAC. Article 8. The country (region) where the foreign productive enterprise that applies for registration is located shall not be an epidemic-stricken area. Necessary materials shall provided to prove that the animal and plant raw materials used for producing foods to be exported to China do not come from the epidemic-stricken areas. Article 9. The foreign productive enterprise that applies for registration shall be one established upon the approval of and under the effective regulation of the competent authority in-charge of the country (region) where it is located, and the sanitation thereof shall meet the relevant provisions of the Chinese laws, regulations and standards. CHAPTER III APPLICATION FOR REGISTRATION AND APPROVAL Article 10. To apply for registration, the foreign productive enterprise shall file a formal written application to the SAAC together with the following materials: (1) The laws and regulations of the local country (region) concerning the epidemic situation of animals and plants, veterinarian health, public health, plant protection, monitoring over the remains of pesticides and animal drugs; written materials about the setup of the competent authority in-charge and staff members thereof as well as the legal enforcement in the local country (region); (2) A list of foreign productive enterprises that apply for registration; (3) The report of the competent authority in-charge of the country (region) about the actual situation of quarantine and public health of the recommended enterprises; (4) The commitment of the competent authority in-charge of the country (region) that the enterprises meet the requirement of the Chinese laws and regulations; and (5) Relevant materials about the enterprise (ichnography of the factory, workshop and refrigerated warehouse, technique flowcharts, etc). Article 11. The SAAC organizes experts to examine the abovementioned materials provided by the exporting country (region). If the materials are eligible, an examination group will be sent to make on-spot examinations to the recommended foreign productive enterprises and submit an examination report to the SAAC. The foreign productive enterprises shall be registered upon the approval of the SAAC. CHAPTER IV SUPERVISION AND ADMINISTRATION Article 12. The SAAC exercises supervision and administration over the registration of the foreign productive enterprises from whom foods are imported. Where it is necessary, reviews may be made to the foreign productive enterprises that have already been registered. Article 13. In case the review shows that any foreign productive enterprise does not meet the requirements, the SAAC will inform the competent authority in-charge of the country (region) where the enterprise concerned is located, urging the enterprise to mend up during a time period or disqualify the enterprise from registration. If the enterprise continues to apply for retain the registration, the competent authority in-charge of the country (region) where it is located shall, after the mend-up of the enterprise, submit a written mend-up report to the SAAC. The enterprise may resume its export to China after approval has been obtained. Article 14. The foreign productive enterprise that has already been registered shall produce, process and store foods to be exported to China under the surveillance of the competent authority in-charge of the country (region) where it located, and shall affix the registration number certified by the SAAC on the wrappings of the qualified products. Article 15. The products of a foreign productive enterprise that has already been registered shall, when being imported, quarantined by the organ of entry and exit inspection and quarantine according to law. Article 16. Where any product of the foreign productive enterprise that has already been registered is found, upon inspection and quarantine, to be ineligible, it shall be returned, destroyed or the sanitary imperils thereof be removed according to the relevant laws and regulations of China. If the circumstances are serious, the enterprise concerned shall be disqualified from registration. Article 17. The registration numbers of the foreign productive enterprises of imported foods shall be used by the applicant only, and may not be transferred to any other person. In case any foreign productive enterprise that has already been registered exports any product not produced by itself or transfers its registered number to any other person, the SAAC shall disqualify it from registration. CHAPTER V SUPPLEMENTARY PROVISIONS Article 18. When any international organization or the competent authority in-charge of the exporting country (region) issues a notice of epidemic situation, or it is found, in the inspection and quarantine of imported products, that there is an epidemic problem or the public sanitation is out of control, the AQSIQ shall suspend the import of all relevant products from the country (region) concerned by way of public announcements. Article 19. The competent authority in-charge of the exporting country (region) shall assist the examination groups sent by the SAAC in their examination work. Article 20. In case any alteration occurs to any foreign productive enterprise that has already been registered, the competent authority in-charge of the exporting country (region) shall inform the SAAC in good time. Article 21. The relevant written materials submitted to the SAAC for registration may be present in either the Chinese or English language. Article 22. The power to interpret the present Provisions shall remain with the SAAC upon the authorization of the AQSIQ. Article 23. The present Provisions shall take effect as of the day of promulgation. The Trial Provisions on the Administration of the Registration of Foreign Productive Enterprises of Imported Foods which was promulgated by the State Administration of Entry and Exit Inspection and Quarantine on December 30, 1999 shall be repealed concurrently. Annex: Catalog of Imported Foods of Enterprises Subject to Registration (1st batch) (omitted) |
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