China Measures on Dairy Import-Export Inspection & Quarantine

[2013-02-28 13:52:56]



Article 31 The inspection-quarantine agency shall formulate relevant sampling program for the export inspection as per the following requirements:

(1) Inspection-quarantine requirements by bilateral agreements, protocols or memos;

(2) Standards made by the import countries/regions;

(3) Inspection-quarantine requirements by trading contracts or letters of credit;

(4) Otherwise, China laws/regulations or standards on food safety

Article 32 As regards qualified exports, the inspection-quarantine agency shall issue the Inspection Certificate for Exit Goods; as regards unqualified exports, the inspection-quarantine agency shall issue the Notice on Disqualification of Exit Goods that bans the exports.

Article 33 The port-based inspection-quarantine agency shall examine the consistency between exit goods and their certificates;

As regards their consistency, the port-based agency shall issue the Inspection Certificate for Exit Goods on the strength of relevant notice issued by original inspection-quarantine agency; as regards their inconsistency, the port-based agency shall issue a disqualification certificate to ban the export.

Article 34 The dairy producers shall keep a product retroactivity system that records product information for two years at least.

Article 35 The dairy producers shall keep a sample management system that guarantees the samples' compliance with inspection requirements.

Article 36 As regards any illegal exports, the inspection-quarantine agency may blacklist the dairy producers and exporters involved.


Chapter 4 Risk Warning

Article 37 The AQSIQ and local inspection-quarantine agencies shall collect and settle any information on dairy safety at home and abroad.

Article 38 The dairy operators shall keep a risk reporting system with relevant risk emergency program and specialized risk reporters who are to timely report any risk information, as dairy recall and disposal, to the inspection-quarantine agencies.

Article 39 The inspection-quarantine agencies shall report the dairy risk information, after their preliminary determination thereof, to the AQSIQ and relevant authorities.

Article 40 The AQSIQ may issue appropriate warnings of dairy risks and decide to conduct the following measures:

(1) Conditional restriction of the dairy import and export, including tight monitoring, stricter inspection, and mandatory recall;

(2) Ban from the dairy import and export, in situ destruction of the products, or return of the products;

(3) Launch of a dairy safety emergency disposal

Article 41 Where an import source suffers animal epidemic diseases or serious food safety incidents, the AQSIQ may conduct risk warnings and controls as per the Article 40 above over the dairy imports from the source.

Article 42 Where a dairy safety risk is eliminated or reduced to an acceptable level, the AQSIQ shall timely revoke its risk warnings and controls.

Article 43 The dairy importer shall initiatively recall its imported products that are really or potentially detrimental to health and shall report to local inspection-quarantine agency of its recall;

Where the dairy importer fails to recall initiatively, the governing inspection-quarantine agency shall issue a mandatory order for the recall.

Article 44 Upon discovery of any safety problems with the export products, the export operators shall take any efforts to minimize any harm or damage thereof and report to local inspection-quarantine agencies immediately of the situation.

Article 45 The inspection-quarantine agencies shall have the power to conduct the following measures:

(1) Spot inspection within a production locale;

(2) Examination, duplication, seal, sequestration of contracts, bills, accounts and other documents;

(3) Seal and sequestration of any illegal products, materials, additives, tools and equipment;

(4) Closedown of any dangerous locale for production
Source: ETCN