Official English Version of Order 249 was Released by GACC

Date: 2021-Dec-15 Source:GACC View: 1647

On December 2, the General Administration of Customs of China (GACC) issued the English version of Order 249 the Measures of the People's Republic of China for the Administration of Import and Export Food Safety. Some contents are as follows.

Chapter I General Provisions

Article 1 For the purposes of ensuring the safety of import and export food and protecting the life and health of human beings, animals, and plants, these Measures are formulated in accordance with such laws and administrative rules or regulations as Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law) and its implementation regulations, the Customs Law of the People's Republic of China, the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementation regulations, the Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine and its implementation regulations, the Frontier Health and Quarantine Law of the People's Republic of China and its implementation details, the Agricultural Product Quality Safety Law of the People's Republic of China, the Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products.

Article 2 The following activities shall be conducted in compliance with these Measures:

(I) Import and export food production and operation activities.

(II) The Customs Administration shall implement supervision and administration on import and export food producers and operators and the safety of their import and export food.

The production and operation activities of import and export food additives and food-related products shall be subject to the relevant rules of the General Administration of Customs.

Article 3 Regarding the safety of import and export food, the principles of safety first, prevention crucial, risk management, whole process control, and international co-governance shall be followed.

Article 4 Import and export food producers and operators shall be responsible for the safety of the import and export food they produce and manage.

Import and export food producers and operators shall undertake import and export food production and operation activities in accordance with any international treaty or agreement entered into or acceded to by China and the laws, regulations, national food safety standards of China, accept supervision and administration in accordance with the law, ensure the import and export food safety, be responsible for the society and the public, and assume social responsibility.

Article 5 The General Administration of Customs shall take principal charge of supervision and administration on import and export food safety throughout the country.

The Customs Administrations at all levels shall be responsible for the supervision and administration of import and export food safety within their respective jurisdictions.

Article 6 The Customs Administration shall use informatization technology to update the supervision and administration level of import and export food safety.

Article 7 The Customs Administration shall step up publicity and education about the import and export food safety, and disseminate food safety laws, administrative regulations, and national standards and knowledge on food safety.

The Customs Administration shall strengthen exchanges and cooperation with international food safety organizations, overseas government agencies, overseas food industry associations, and overseas consumer associations, among others, to create an international co-governance pattern for the import and export food safety.

Article 8 The Customs Administration personnel engaged in the supervision and administration on import and export food safety shall possess relevant professional knowledge.

Chapter II Food Import

Article 9 Imported food shall comply with the laws, regulations, and national food safety standards of China and the special requirements of any international treaty or agreement entered into or acceded to by China.

The imported food, for which the national food safety standards are unavailable, shall comply with the requirements of the relevant interim applicable standards promulgated by the health authority of the State Council.

For food produced with new food raw materials, a health administrative permit for new food raw materials shall be obtained from the health authority of the State Council in accordance with provisions specified in Article 37 of the Food Safety Law.

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.

Source: GACC

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