Administrative Measures on the Inspection and Quarantine Supervision of Imported and Exported Dairy Products (Revised in 2018)
Administrative Measures on the Inspection and Quarantine Supervision of Imported and Exported Dairy Products (Revised in 2018)
Administrative Measures on the Inspection and Quarantine Supervision of Imported and Exported Dairy Products (Revised in 2018)
Order of the General Administration of Customs No. 243
November 23, 2018
Chapter I General Provisions
Article 1 With a view to strengthening the supervision and administration on the inspection and quarantine of the imported and exported dairy products, these Measures are formulated in accordance with the provisions of the Food Safety Law of the People's Republic of China (hereinafter referred to as the "Food Safety Law") and its implementing regulations, the Law of the People's Republic of China on Imported and Exported Commodities Inspection and its implementing regulations, the Law of the People's Republic of China on the Quarantine of Entry and Exit Animals and Plants and its implementing regulations, the Special Provisions of the State Council on Strengthening the Safety Supervision and Administration of Food and Other Products (hereinafter referred to as the "Special Provisions") and the Administrative Regulations on the Supervision of the Quality and Safety of Dairy Products.
Article 2 For the purposes of these Measures, the "Dairy Products" shall refer to the colostrum, raw milk and dairy products.
For the purposes of these Measures, the term "Colostrum" shall refer to the dairy that is produced within 7 days after the milking stocks calve.
For the purposes of these Measures, the term "Raw Milk" shall refer to the ordinary dairy that is produced from the breasts of the healthy milking stocks complying with the relevant requirements of China and without any change in components. The colostrum of milking stocks, the milk produced during the application or withdrawal of antibiotic or any deteriorated milk shall not be used as the raw milk.
For the purposes of these Measures, the term "Dairy Products" shall refer to the foods which are produced with milk as the main material, such as pasteurised milk, sterile milk, modified milk, rancid milk, cheese, reproduced cheese, single cream, cream, anhydrous butter, condensed milk, milk powder, whey powder, lactoalbumin powder and milk-based infant formula foods, in which the products that are produced with raw milk but without the processing by heating treatment for sterilization shall be the raw milk products.
Article 3 The General Administration of Customs ("GACC") shall be mainly responsible for the national supervision and administration of the inspection and quarantine of imported and exported dairy products. The competent customs shall take charge of the supervision and administration of the inspection and quarantine of the imported and exported dairy products within its own administrative area.
Article 4 The manufacturers and operators of the imported and exported dairy products shall engage in the production and operation in accordance with the law and shall be held accountable to the society and the public, guarantee the safety of foods, act in good faith, accept any supervision from the society and honor their social responsibilities.
Chapter II Import of Dairy Products
Article 5 The GACC shall, in accordance with the provisions of the laws and regulations of China, assess the food safety management systems and the food safety conditions of the countries or regions from which the dairy products are exported to China and conduct the retrospective examinations in accordance with the safety conditions of the imported dairy products and the need of supervision and administration.
With regard to the countries or regions from which the dairy products are exported to China for the first time, the competent departments of their governments shall provide the GACC with the materials concerned with the legal system for veterinarian health and public health, institutional framework, veterinarian service system, safety and health control system, residuals monitoring system, the inspection and monitoring system for animal epidemic diseases and the categories of products to be exported to China, etc.
The GACC shall organize assessment in accordance with the law and, if necessary, may dispatch some expert groups to such countries or regions for field survey. Where the risks are subject to the acceptable scope upon assessment, the inspection and quarantine requirements shall be determined accordingly, including relevant certificates and the certifying requirements, and the relevant dairy products that meet the requirements shall be permitted to export to China. Both parties may enter into a protocol to identify the inspection and quarantine requirements.
Article 6 The GACC shall implement the registration system to the overseas food manufacturers (hereinafter referred to as the "OFMs") of the dairy products that are exported to China. Such registration shall be implemented in accordance with the relevant regulations of the GACC.
The OFMs shall be established under the approval of the competent governmental departments of the exporting countries or regions and meet the relevant requirements of the laws and regulations of the exporting countries or regions.
The OFMs shall be familiar with and ensure that their dairy products exported to China comply with the national standards and relevant requirements of China concerning food safety, and provide the inspection reports of the items that are required by the national food safety standards of China. The OFMs shall clarify the categories and brands of their dairy products to be exported to China when they apply for registration.
Any OFM that acquires the registrations shall be published on the website of the GACC.
Article 7 Any dairy products that are exported to China shall be attached with the healthy certificates that are issued by the competent governmental departments of the exporting countries or regions for proving the following contents:
1. The raw materials of dairy products are from healthy animals;
2. The dairy products shall not diffuse nor carry over any animal epidemic diseases after they are processed;
3. The manufacturers of the dairy products are subject to the supervision of the local competent governmental departments;
4. The dairy products are safe and may be as food for human.
The certificates shall be stamped with the seals of the competent governmental departments of the exporting countries or regions and authorized signature, indicating the destination as the People's Republic of China.
The sample of the certificates shall be confirmed by the GACC and shall be published on the website of the GACC.
Article 8 No dairy products that require quarantine approval may be imported before they are granted with the Quarantine License of Animals and Plants for Entry into the People's Republic of China.
The GACC may adjust and announce the categories of dairy products that require quarantine approval in accordance with the law.
Article 9 Any exporters or agents who export dairy products to China shall apply for filing to the GACC. Any exporters or agents who apply for filing shall provide the information to be filed according to the filing requirements and shall be liable for the authenticity of such information.
The list of the exporter or agents who are subject to filing shall be published on the website of the GACC.
Article 10 The Customs shall implement the filing administration to the importers who import dairy products.
......
Order of the General Administration of Customs No. 243
November 23, 2018
Chapter I General Provisions
Article 1 With a view to strengthening the supervision and administration on the inspection and quarantine of the imported and exported dairy products, these Measures are formulated in accordance with the provisions of the Food Safety Law of the People's Republic of China (hereinafter referred to as the "Food Safety Law") and its implementing regulations, the Law of the People's Republic of China on Imported and Exported Commodities Inspection and its implementing regulations, the Law of the People's Republic of China on the Quarantine of Entry and Exit Animals and Plants and its implementing regulations, the Special Provisions of the State Council on Strengthening the Safety Supervision and Administration of Food and Other Products (hereinafter referred to as the "Special Provisions") and the Administrative Regulations on the Supervision of the Quality and Safety of Dairy Products.
Article 2 For the purposes of these Measures, the "Dairy Products" shall refer to the colostrum, raw milk and dairy products.
For the purposes of these Measures, the term "Colostrum" shall refer to the dairy that is produced within 7 days after the milking stocks calve.
For the purposes of these Measures, the term "Raw Milk" shall refer to the ordinary dairy that is produced from the breasts of the healthy milking stocks complying with the relevant requirements of China and without any change in components. The colostrum of milking stocks, the milk produced during the application or withdrawal of antibiotic or any deteriorated milk shall not be used as the raw milk.
For the purposes of these Measures, the term "Dairy Products" shall refer to the foods which are produced with milk as the main material, such as pasteurised milk, sterile milk, modified milk, rancid milk, cheese, reproduced cheese, single cream, cream, anhydrous butter, condensed milk, milk powder, whey powder, lactoalbumin powder and milk-based infant formula foods, in which the products that are produced with raw milk but without the processing by heating treatment for sterilization shall be the raw milk products.
Article 3 The General Administration of Customs ("GACC") shall be mainly responsible for the national supervision and administration of the inspection and quarantine of imported and exported dairy products. The competent customs shall take charge of the supervision and administration of the inspection and quarantine of the imported and exported dairy products within its own administrative area.
Article 4 The manufacturers and operators of the imported and exported dairy products shall engage in the production and operation in accordance with the law and shall be held accountable to the society and the public, guarantee the safety of foods, act in good faith, accept any supervision from the society and honor their social responsibilities.
Chapter II Import of Dairy Products
Article 5 The GACC shall, in accordance with the provisions of the laws and regulations of China, assess the food safety management systems and the food safety conditions of the countries or regions from which the dairy products are exported to China and conduct the retrospective examinations in accordance with the safety conditions of the imported dairy products and the need of supervision and administration.
With regard to the countries or regions from which the dairy products are exported to China for the first time, the competent departments of their governments shall provide the GACC with the materials concerned with the legal system for veterinarian health and public health, institutional framework, veterinarian service system, safety and health control system, residuals monitoring system, the inspection and monitoring system for animal epidemic diseases and the categories of products to be exported to China, etc.
The GACC shall organize assessment in accordance with the law and, if necessary, may dispatch some expert groups to such countries or regions for field survey. Where the risks are subject to the acceptable scope upon assessment, the inspection and quarantine requirements shall be determined accordingly, including relevant certificates and the certifying requirements, and the relevant dairy products that meet the requirements shall be permitted to export to China. Both parties may enter into a protocol to identify the inspection and quarantine requirements.
Article 6 The GACC shall implement the registration system to the overseas food manufacturers (hereinafter referred to as the "OFMs") of the dairy products that are exported to China. Such registration shall be implemented in accordance with the relevant regulations of the GACC.
The OFMs shall be established under the approval of the competent governmental departments of the exporting countries or regions and meet the relevant requirements of the laws and regulations of the exporting countries or regions.
The OFMs shall be familiar with and ensure that their dairy products exported to China comply with the national standards and relevant requirements of China concerning food safety, and provide the inspection reports of the items that are required by the national food safety standards of China. The OFMs shall clarify the categories and brands of their dairy products to be exported to China when they apply for registration.
Any OFM that acquires the registrations shall be published on the website of the GACC.
Article 7 Any dairy products that are exported to China shall be attached with the healthy certificates that are issued by the competent governmental departments of the exporting countries or regions for proving the following contents:
1. The raw materials of dairy products are from healthy animals;
2. The dairy products shall not diffuse nor carry over any animal epidemic diseases after they are processed;
3. The manufacturers of the dairy products are subject to the supervision of the local competent governmental departments;
4. The dairy products are safe and may be as food for human.
The certificates shall be stamped with the seals of the competent governmental departments of the exporting countries or regions and authorized signature, indicating the destination as the People's Republic of China.
The sample of the certificates shall be confirmed by the GACC and shall be published on the website of the GACC.
Article 8 No dairy products that require quarantine approval may be imported before they are granted with the Quarantine License of Animals and Plants for Entry into the People's Republic of China.
The GACC may adjust and announce the categories of dairy products that require quarantine approval in accordance with the law.
Article 9 Any exporters or agents who export dairy products to China shall apply for filing to the GACC. Any exporters or agents who apply for filing shall provide the information to be filed according to the filing requirements and shall be liable for the authenticity of such information.
The list of the exporter or agents who are subject to filing shall be published on the website of the GACC.
Article 10 The Customs shall implement the filing administration to the importers who import dairy products.
......