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The supervision and management regulation of imported and exported dairy products of China

  

 Supervision and Administration  Measures of  Import and Export dairy Inspection and Quarantine

 

Chapter I General Principles

Article 1 In order to strengthen inspection and quarantine supervision and administration of import and export dairy products, formulate the Supervision and Administration  Measures of  Import and Export dairy Inspection and Quarantine (hereinafter referred to as " the Measures") in accordance with the provision of laws and regulations which are  "Food Safety Law of the People's Republic of China" (hereinafter referred to as the "Food Safety Law") and its implementing regulations, " Supervision and Management Regulations of Dairy Quality and Safety ", "Law of The People's Republic of China on Import and Export Com-Modity Inspection"and its implementing regulations,"Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine" and its implementing regulations,"the Special Provisions of the State Council on Strengthening Supervision and Management of Food and Product Safety"(hereinafter referred to as "Special Provisions") and other laws and regulations.

Article 2  Dairy in this administration Measures refers to raw milk and dairy products.

Raw milk refers to the normal milk which is from the breast of the healthy dairy stock in accordance with Chinese relevant requirements, without any change in constituent. The colostrum generated after calving for seven days, the milk generated during antibiotic drugs using period and drug withdrawal period, and bad milk cannot be used as raw milk.

Dairy product refers to the food processed from milk (including raw milk, reconstituted milk or other liquid milk only after a sterilization procedure). Dairy products include but are not limited to the following product categories: pasteurized milk, sterilized milk, formulated milk, fermented milk, cheese and processed cheese, butter, condensed milk, milk powder, whey powder and milk-based infant formula food.Among them, the product processed from raw milk, without heat treatment sterilization process in its processing technic o is regarded as raw dairy product.

Article 3 State Administration for Quality Supervision and Inspection and Quarantinehereinafter referred to as "AQSIQ") shall be responsible for the nationwide supervision and management on the safety of import and export of dairy.

All the Exit and Entry Inspection and Quarantine Authority located across the country by AQSIQ(hereinafter referred to as the "inspection and quarantine authority") are responsible for the inspection and quarantine supervision and management on the import and export dairy in the areas under their jurisdiction .

Article 4 The producers and operators of import and export dairy production and operation shall be honest and trustworthy, ensure food safety, be responsible for the society and the public, accept social supervision, and commitment to social responsibility.

 

Chapter II Dairy Importing

Article 5 In accordance with Chinese laws and regulations, national food safety standard, results of risk analysis of epidemic situation and epidemic disease both at home and abroad and toxic and harmful substances, AQSIQ works out relevant inspection and quarantine requirements on the basis of evaluation and examination.

Article 6 In accordance with Chinese laws and regulations, AQSIQ performs evaluation on food safety management system and food safety situations of the country (region) which exports dairy to China and carries out a retrospective examination under needs of imported dairy safety supervision management. 

AQSIQ shall evaluate the laws and regulations’ system of veterinary hygiene and public hygiene, institutional framework, veterinary service system, safety and hygiene controlling system, residue monitoring system, detection and monitoring of animal epidemic disease provided by the competent department of the countryregionthat exports raw milk and raw milk products to China for the first time. If the risks are acceptable based on thereof evaluation, the exporting country (region) is allowed to export raw milk and raw milk products to China after the both parties enter into and conclude an Inspection and Quarantine Requirements Protocol.

As to the country regionexporting other dairy products other than raw milk products to China for the first time, AQSIQ shall evaluate the source of dairy products’ raw materials, production and processing craft, ingredients and  use of additives and other information provided by the competent department of the exporting country(region), which shall be allowed to be exported to China after the risks are acceptable based on hereof evaluation.

Article 7 AQSIQ shall carry out a registration system for the oversea food production enterprises that export dairy to China while the registration shall be performed under relevant regulations set forth by AQSIQ.

The oversea production enterprise that export dairy shall be established through an official approval of the exporting country (region) and conform to relevant laws and regulations of the exporting country (region).

Article 8 The dairy exported to China shall be attached with the hygienic certificate issued by the official competent department of the exporting countryregion. The certificate shall consist of the following items:

1    raw material of dairy is from healthy animals;

2the processed dairy shall not carry or spread animal epidemic diseases;

3dairy production enterprises shall be under supervision of local official departments;

4Dairy can be consumed by human beings based on results of inspection;

5Dairy conforms to Chinese national food standards.

The certificate mentioned above shall be sealed by the certificate issue authority or signed by the authorized person while “the People’s Republic of China” shall be marked as the destination.

The sample certificate shall be confirmed by AQSIQ and published on the official website of AQSIQ.

Article 9 As to the imported dairy in need of going through an approval process of quarantine, they can be imported after gaining the Permit of the People Republic of China on Quarantine of Entry Animals and Plants

AQSIQ shall adjust and publish the dairy variety needing an approval process of quarantine as needed.

Article 10 The oversea exporters or agents engaged in exporting dairy to China shall be put on record in AQSIQ. The oversea exporters or agents that apply for being put on record shall provide the registering information under the requirements of registration and shall be responsible for the authenticity of the offered information. All the recorded information shall be published by AQSIQ.

Article 11 Inspection and Quarantine authorities shall carry out the recording management for the consignee of the imported dairy while the consignee shall apply for being put on record to the local Inspection and Quarantine authorities in advance and submit the following materials:

1The well filled and prepared recording application form of the consignee;

2Reproductions of Industry and Commerce Business License, Code Certificate of Organization, Identification Paper of Legal Representative, Registration Form of Foreign Trade Operator and their original copies shall be submitted for confirmation.  

3Enterprise quality safety management system;

4The planned dairy variety and storing locations;

5 As to an unit that carries out the application for inspection and quarantine, a copy of the registration certificate of the unit shall be submitted together with the original certificate for confirmation.

6The enterprise that imports infants and young children formula food products and dairy or raw materials specially used for specific people group, shall provide the contact person and contact way of its dealer or domestic enterprise using its raw material;

7The materials required by AQSIQ.

Article 12 The consignee of imported dairy or its authorized agent shall carry the following materials to the Inspection and Quarantine Authority for inspection and quarantine where the customs declaration office is located:

1Contract, invoice, loading list, bill of lading and other necessary certificates;

2relevant approval documents;

3the hygienic certificate issued by the competent department of the imported countryregionas laid down in Article 8 of the Measures;

4as to the imported dairy in need of inspection and quarantine, examination and approval, submit the entry animal and plant quarantine permit certificate;

5as to the dairy imported for the first time but without national food safety standard set for it, submit the documentary evidence of import licensing of the Ministry of Health;

6as to the products with function of health care, certificate of licensing;

7As to the infants and young children formula products and other dairy specially used for specific people group, submit an off