Article 1In 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 accordancewith 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
ofFood
and Product
Safety"(hereinafter
referred to as "Special Provisions")
and other laws and regulations.
Article 2
Dairy
in this administration Measuresrefers 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 Quarantine(hereinafter
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 Authoritylocated
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 4The
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 country(region)that
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
(region)exporting
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 country(region).
The certificate shall consist of the following items:
(1)raw
material of dairy is from healthy animals;
(2)the
processed dairy shall not carry or spread animal epidemic diseases;
(3)dairy
production enterprises shall be under supervision of local official departments;
(4)Dairy
can be consumed by human beings based on results of inspection;
(5)Dairy
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:
(1)The
well filled and prepared recording application form of the consignee;
(2)Reproductions
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.
(3)Enterprise
quality safety management system;
(4)The
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.
(6)The
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;
(7)The
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:
(1)Contract,
invoice, loading list, bill of lading and other necessary certificates;
(2)relevant
approval documents;
(3)the
hygienic certificate issued by the competent department of the imported country(region)as
laid down in Article 8 of the Measures;
(4)as
to the imported dairy in need of inspection and quarantine, examination and
approval, submit the entry animal and plant quarantine permit certificate;
(5)as
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;
(6)as
to the products with function of health care, certificate of licensing;
(7)As
to the infants and young children formula products and other dairy specially
used for specific people group, submit an off