China Measures on Dairy Import-Export Inspection & Quarantine

Article 46 The local inspection-quarantine agencies shall report their control measures to the AQSIQ and relevant authorities; and the AQSIQ may announce the safety information and its control measures on the imports and exports.



Article 47 As regards arbitrary sale and use of any incompliant imported products, the inspection-quarantine agency may confiscate any illegal gains therefrom, the illegal products, and the tools or materials used; as regards the illegal products worth not more than CNY 10,000, the inspection-quarantine agency may impose a fine of CNY 2,000-50,000 thereon; as regards the illegal products worth more than CNY 10,000, the inspection-quarantine agency may impose a fine of 5-10 times the worth thereon; as regards cases of gross violation, the inspection-quarantine agency may revoke its licenses to the operators.

Article 48 Under any of the following cases of the dairy importer, the inspection-quarantine agency may impose a fine of CNY 2,000-20,000 thereon and may eliminate relevant registration as regards cases of gross violation:

(1) Failure to keep a dairy import and sale recording system;

(2) The import and sale recording system is incomplete and untrue;

(3) The import and sale records are kept for less than two years;

(4) The import and sale records are altered, damaged, lost, and so on;

(5) The import and sale records are falsified.

Article 49 Where the dairy importers commit other falsification except those aforesaid, the inspection-quarantine agency shall confiscate their illegal gains and illegal products and shall impose a fine of three times the worth of their illegal products or prosecute for their criminal liabilities.

Article 50 Under any of the following cases of the dairy exporters, the inspection-quarantine agency may confiscate their illegal gains, illegal products, and tools or materials used; as regards the illegal products worth not more than CNY 10,000, the inspection-quarantine agency may impose a fine of CNY 2,000-50,000 thereon; as regards the illegal products worth more than CNY 10,000, the inspection-quarantine agency may impose a fine of 5-10 times the worth thereon; as regards cases of gross violation, the inspection-quarantine agency may eliminate the registration of the export operators:

(1) Arbitrary export without inspection;

(2) The export products are found unqualified and without license for export;

(3) Arbitrary exchange of the certified products to export;

(4) The export products are supplied by any unregistered producers.

Article 51 Where the dairy exporters commit other falsification except those aforesaid, the inspection-quarantine agency shall confiscate their illegal gains and illegal products and shall impose a fine of three times the worth of their illegal products or prosecute for their criminal liabilities.

Article 52 Under any of the following circumstances, the inspection-quarantine agency may impose a fine of not more than three times any illegal gain but of at most CNY 30,000; as regards those without illegal gain, the fine shall not exceed CNY 10,000.

(1) The dairy importer fails to dispose the unqualified imports within a deadline prescribed by the inspection-quarantine agency;

(2) The dairy importer fails to seal up and separately store the unqualified imports before their destruction or return;

(3) The dairy importer arbitrarily moves the unqualified imports out of a locale that is recognized by the inspection-quarantine agency;

(4) The dairy livestock farms illegally use agricultural chemicals in their breeding;

(5) The dairy livestock farms fail to keep true breeding records for at least two years;

(6) The export operators fail to keep effective retroactivity systems as required;

(7) The export producers fail to keep sample management systems or provide untrue samples;

(8) The export operators breach the regulations hereof in their package and transportation practices.

Article 53 Any other illegal acts by the importer, by the exporter, by the inspection-quarantine agencies and their staff shall be subjected to relevant China laws or regulations.



Article 54 As regards their objections to any inspection-quarantine outcome, the dairy importer and exporter may apply for re-inspection as per relevant measures.

Article 55 Relevant China regulations shall govern the import and export of dairy feeds, of other non-edible dairy products, and of those by means of post, express delivery, or passengers.

Article 56 These Measures shall be construed by the AQSIQ hereto.

Article 57 These Measures shall enter into force on May 1, 2013.