On 12 April 2021, the General Administration of Customs of PRC (GACC) reviewed the current law applicable to the importation of food in China and promulgated respectively the Regulation no. 248 – “New version of Registration and Management Rules of Overseas Manufacturers of Imported Food” and the Regulation no. 249 – “New version of Administrative Rules on Imported Food Safety”. Both regulations will come into force from 1 January 2022, replacing the regulation currently in force on this issue.
In broad terms, both regulations concern the importation of food in China and, specifically, the Regulation no. 248 is intended to regularize the procedure of registration at the Chinese local authority for overseas manufacturers intending to export their products in China. The Regulation no. 249, whereas, includes a number of new provisions in respect of food safety as products labelling or a series of audits and inspection within the country of origin of the products.
For this reason, all manufacturers who already export their products in China or those intended to embark on this business, are requested to consult the following regulations in order to operate in compliance with the law in force within the Chinese territory.
The main change provided for in the Regulation no.248 concerns the extension of scope of imported products subject to registration at the Chinese Costums. Under the legislation currently in force, only overseas manufacturers of meat products, acquatic products, dairy products (including infant formula) and – though probably not of interest for Italian companies – edible bird’s nests, are required to apply for registration. The new Regulation, whereas, extends the obligation of Customs registration to all those who are intended to export food in China, regardless of the relevant food category.
Another key point is the registration procedure provided for based on the category of traded products:
| Scope | Registration procedure | Documentation |
| Meat and meat products, casings, aquatic products, dairy products, bird’s nest and bird’s nest products, bee products, eggs and egg products, edible fats and oils, stuffed pasta, edible grains, grain milling industrial products and malt, fresh and dehydrated vegetables and dried beans, seasonings, nuts and seeds, dried fruits, unroasted coffee beans and cocoa beans, special dietary foods*, health foods. | Recommended by local authority of the host country
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– Recommendation letter of the local authority;
– List of manufacturers and their application forms; – Identification documents of the manufacturer, such as business license issued by the local authority; – Statements of the manufacturers promising to meet the requirements of this regulation; – The review reports of the local authority on the examination of relevant manufacturers; – If necessary, the food safety, hygiene and protection system documents will be required by GACC, e.g., the floor plan of the factory, workshop, and cold storage, the process flow chart, etc. |
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Food categories other than those mentioned above. |
Applied by the manufacturer himself or his entrusted agent |
– Registration application form; – Identification documents of the manufacturer, such as business license issued by the local authority; – A statement that the manufacturer promises to meet the requirements of this regulation. |
Registration
– Once approved, the certificate of registration, according to the new Regulation lasts for a period of 5 years, compared to 4 years provided for the legislation actually in force. In case of changes of manufacturer information during the period of validity of the certificate, the manufacturer is required to apply for the change at the local authority.
– In case of change of the production site, legal representative or registration number in the country in which the manufacturer is based, he has to apply again for registration, whose approval will make the previous registration invalid.
– In case of request for renewal of the certificate, it has to be submitted from 3 to 6 months before the expiration, then following the procedure defined by the Regulation.
– Audit and inspection system (Regulation no. 249)
The new “Administrative rules of imported food safety” compared to the current “Measures for the Administration of Import and Export Food Safety” (known also as “Decree AQSIQ no. 144”) will bring new measures aimed at implementing the inspection system for the evaluation of conformity of imported food.
Audits will not be limited at the mere in-loco inspection. Video inspection conducted by the GACC will be employed in order to increase the efficiency of audit system.
Following the application of registration, the GACC will conduct flexible and high-tech inspection procedures that include written inspection, remote video casual inspection, in-loco inspection or, eventually, a combination of them.
promises to meet the requirements of this regulation.
Labelling
The new Administrative Measures provide for provisions in matters of labelling of imported food products by introducing more detailed requirement for products as frozen meat and acquatic products. Both categories are required to report the label in Chinese and English or Chinese and the mother tongue of the exporting country, indicating all the necessary information required.
Food categories subject to a new labelling procedure imposed by the Chinese Government have been expanded.
At present, the label printed on the packaging (and not the Chinese label affixed in sticker format on the original packaging) is required only to products as infant formula milk powder. Starting from the 1 January 2022, pursuant the new Administrative Measures, this requirement will be extended to all special dietary products, including infant formula foods, infant complementary foods, foods for special medical purposes, nutrition supplementary foods, sport nutrition and nutrition supplementary foods for pregnant women.
The above mentioned categories will be, therefore, required to print the label on the packaging and not affixing it in sticker format.
Avv. Luigi Zunarelli
Junior Partner Shanghai Office
