On April 12, 2021, the General Administration of Customs announced Order No. 248 of Regulations of the People's Republic of China on the Registration and Administration of Overseas Manufacturers of Imported Food and Order No. 249 of Administrative Measures for Import and Export Food Safety, which will be implemented on January 1, 2022. The new "Administrative Regulations" will have a great impact on the registration of imported enterprises. Antion hopes that the following interpretations will help enterprises understand the main changes and serve as a reference when preparing for the registration.

——Order No. 249 of Administrative Measures for Import and Export Food Safety

Clarify the scope of application

It is clear that the Measures applies to the import and export of food production and operation activities, it does not apply to the import and export of food additives, food-related products production and operation supervision work.

The concept of “conformity assessment” has been adopted for the regulation of imported food

The Measures refers to the implementation of conformity assessment of imported and exported food products by Customs in accordance with the provisions of relevant laws and regulations on import and export commodity inspection, and specify the regulatory measures covered by conformity assessment. The conformity assessment includes the assessment and review of the food safety management system of the foreign countries (regions) where the food is exported to China, the registration of the overseas manufacturer, the record of the imported and exported and the guarantee of conformity. Imported food products are only permitted to be imported if they have passed the conformity assessment by Customs.

Expand the scope of implementation of registration management for overseas manufacturing enterprises

Article 18 of the Measures stipulates that the GACC should implement registration management for overseas manufacturers of food products exported to China. It has abolished the previous system of the list of registered enterprises. Based on the current individual categories of dairy products, aquatic products, meat, bird’s nest and bee products, the scope of registration of overseas manufacturers has been expanded to all overseas manufacturers of imported food products.

Assessment reviews for foreign countries and diversification of assessment ways

Articles 11 to 17 of the Measures set out in detail the conditions, contents, review methods, review materials and application of results of the review and assessment by GACC for foreign countries, and stipulate that GACC may organize experts to implement the assessment and review through such ways as information review, video inspection and on-site inspection, and their combinations.

Establish a review system for overseas exporters and overseas manufacturers

Article 22 of the Measures stipulates that food importers should establish a review system for overseas exporters and overseas manufacturers. Focus on reviewing importers’ establishment and implementation of food safety risk control measures and whether they compliance with Chinese laws and regulations and national food safety standards.

Clarify that labels of imported health food and food for special dietary uses must not be affixed

Article 30 of the Measures indicates that the packaging, labeling and marking of imported food should comply with Chinese laws and regulations and national food safety standards, and the Chinese labels on imported health food and food for special dietary uses must be printed on the smallest sales packaging and must not be affixed. It also requires domestic importers, overseas food manufacturers and exporters to assume responsibility for compliance with food labeling.

——Order No. 248 of Regulations of the People's Republic of China on the Registration and Administration of Overseas Manufacturers of Imported Food

Expand the scope of overseas manufacturers of imported food

In conjunction with the simultaneous implementation of the Administrative Measures for Import and Export Food Safety, General Administration of China Customs shall implement registration management of foreign production enterprises that export food to China and publish a list of registered enterprises. The new version of the "Administrative Regulations" indicates that the scope of registration includes overseas manufacturers, processors, and storage facilities that export foods to China (excluding food additives, food-related products).

From the above requirements, all overseas imported food production enterprises need to register. According to the food category, there are two types of registration: "recommended by the competent authority" and "application for registration by enterprises".

l  For overseas manufacturers of the following products: meat and meat products, sausage casings, aquatic products, dairy products, bird's nests and bird’s nest products, bee products, eggs and egg products, edible fats and oils, pasta, edible cereals, cereal powder products used in food production and malt, fresh and dehydrated vegetables and dried beans, seasonings, nuts and seeds, dried fruits, unroasted coffee beans and cocoa beans, foods for special dietary uses and health foods, the competent authority of the country/region will recommends the manufacturers to GACC after confirming that the facilities conform with the registration requirements.

l  In addition to the above food categories, other overseas manufacturers apply for registration by themselves or agents.

Adjust the registration period

The validity period of registration and renewal registration will be extended to 5 years on the basis of the current 4 years, which is the same as the validity period of domestic food production license.

Change the label requirements

In terms of labeling, registered enterprises are required to mark the registration number in China or the registration number approved by the competent authorities of the country (region) on the inside and outside packages of food. After the implementation of the new version of "Administrative Regulations", enterprises need to pay special attention to the registration number should be marked on both the internal and external packaging.

Antion can provide related services of overseas manufacturer registration. If you are interested, please feel free to contact us!

Source: Antion

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