On November 8, 2021, The General Administration of Customs of China (GACC) published the guidelines for the registration of overseas manufacturers of imported foods on the official website. The translation Center of Foodmate translate the guidelines into English. The following are main contents:
XIII. Handling process:
(I) Registration application, acceptance, evaluation & review and decision
1. Application
Where the overseas production enterprises of imported foods apply for registration, change, renewal and cancellation, the application methods include being recommended by the competent authority of the country (region) where the enterprises are located and applying by the enterprises themselves.
For the overseas production enterprises of 18 types of products including the meat and meat products, casings, aquatic products, dairy products, bird’s nest and bird’s nest products, bee products, eggs and egg products, edibles fats and oils and oil plants, stuffed pasta, edible grains, grain milling industrial products and malt, fresh and dehydrated vegetables as well as dried beans, seasonings, nuts and seeds, dried fruits, unroasted coffee beans and cocoa beans, foods for special dietary uses, health food, the competent authority of the country (region) where the enterprise is located shall review and inspect the enterprise and confirm that the enterprise meets the registration requirements, and then recommend the enterprise to the General Administration of Customs and submit the application materials.
Overseas production enterprises of the foods other than the above 18 categories of products shall apply to the General Administration of Customs and submit application materials by themselves or by entrusting their agents.
2. Submission
Unless otherwise agreed by the competent authority of the relevant country (region) and the General Administration of Customs on the application method and application materials, applications for the registration, change, renewal and cancellation of overseas production enterprises of imported foods shall be submitted through the registration management system of imported food overseas production enterprises.
3. Acceptance
After receiving the application materials, the import and Export Food Safety Bureau of the General Administration of Customs will deal with it separately according to the following circumstances:
(1) Where the materials conform to the requirements, they will be accepted;
(2) Where the materials do not conform to the legal form or are incomplete, within 20 working days from the date of receipt of the application materials, the competent authority of the country (region) where the enterprises are located or the overseas production enterprises of imported foods shall be notified at one time of all the contents that need to be supplemented and corrected;
(3) Where the enterprises do not fall under the scope of implementing registration administration as required by the "Regulations of the People’s Republic of China on Registration Administration of Overseas Production Enterprises of imported Foods", it shall not accept the application and inform the competent authority of the country (region) where the enterprises are located or the overseas production enterprises of imported foods;
(4) Where the overseas enterprises applying for registration are found to provide false materials, it shall not accept the application and inform the competent authority of the country (region) where the enterprises are located or the overseas production enterprises of imported foods; where the overseas enterprises that have been registered are found to provide false materials, it shall handle according to the relevant requirements in Article 24 of "Regulations of the People’s Republic of China on Registration Administration of Overseas Production Enterprises of imported Foods" (Order No. 248 of General Administration of Customs)
The import and Export Food Safety Bureau of the General Administration of Customs may provide feedback on the acceptance status to the competent authority of the country (region) where the enterprises are located or overseas production enterprises of imported foods through written letters, fax documents, e-mails or information systems, etc.
4. evaluation and review
According to risk analysis and actual work needs, the import and Export Food Safety Bureau of the General Administration of Customs may organize a review team to conduct evaluation and review to overseas production enterprises of imported foods applying for registration through written inspections, video inspections, on-site inspections, etc., and combinations thereof. The evaluation and review forms of overseas production enterprises of imported foods are as follows:
(1) Written inspection: The General Administration of Customs organizes a review team to conduct inspections on the application documents and materials submitted by the competent authority of the country (region) where the enterprises are located or overseas production enterprises through the review of the submitted application documents. According to the condition of application documents, the General Administration of Customs may request the competent authority of the country (region) where the enterprises are located or overseas production enterprises to supplement the missing information or materials.
(2) Video inspection: The General Administration of Customs organizes a review team to conduct inspections on the enterprise's food safety and sanitation management system and its food safety and sanitation status, etc. through Internet video connections.
Enterprises that accept video inspections and the competent authorities of the country (region) where they are located shall provide necessary assistance for video inspections. With regard to related issues found in the video inspection, the General Administration of Customs may request the enterprises that accept video inspections and the competent authority of the country (region) where they are located to make rectifications and submit corresponding rectifications.
(3) On-site inspection: The General Administration of Customs organizes a review team to go abroad to the site of the overseas production enterprise applying for registration to conduct inspection and verification of the enterprise's food safety and sanitation management system and its food safety and sanitation status. Enterprises that accept on-site inspections and the competent authorities of the country (region) where they are located shall provide necessary assistance for on-site inspections. With regard to related issues found in the on-site inspection, the General Administration of Customs may request the enterprises that accept on-site inspections and the competent authority of the country (region) where they are located to make rectifications and submit corresponding rectifications.
The content and standards of the evaluation and review will be based on the relevant guidelines of the WTO’s OIE, IPPC and CAC, the relevant inspection and quarantine requirements negotiated by the General Administration of Customs and the competent authority of the country (region) where the enterprises are located, relevant Chinese laws and regulations, and national food safety standards.
When the import and Export Food Safety Bureau of the General Administration of Customs organizes the review team to carry out video inspections and on-site inspections, it will communicate and negotiate in advance with the competent authority of the country (region) where the enterprise is located in accordance with risk analysis and international practices.
5. Review
The import and Export Food Safety Bureau of the General Administration of Customs shall review the work report of the review team.
6. Granting the registration
The General Administration of Customs shall, based on the evaluation and review, approve the registration, offer registration number in China and notify the overseas production enterprise of imported foods or the competent authority in the country (region) where it is located for those meeting the registration requirements; for those rejected for registration, the General Administration of Customs shall notify the overseas production enterprise of imported foods or the competent authority in the country (region) where it is located.
The import and Export Food Safety Bureau of the General Administration of Customs may notify the competent authority of the country (region) where the enterprises are located or overseas production enterprises of imported foods through written letters, fax documents, e-mails or information systems, etc.
(II) Change of registration items
When the registration items of a registered overseas enterprise are changed, the competent authority of the country (region) where it is located or the overseas production enterprise of imported food shall submit the corresponding application materials for the change in accordance with the requirements of Article 12 of these guidelines in accordance with the application channels.
After evaluation and review, if it is deemed that the change does not involve the food safety and sanitation management control of the overseas enterprise (such as the change of the enterprise name, etc.), and it is confirmed to meet the requirements of the change, the application for change shall be granted; after the evaluation and review, if it is deemed that the relevant change and adjustment may affect the food safety and sanitation management control of the overseas enterprise, the application for change shall be refused and the competent authority of the country (region) where it is located or the overseas production enterprise of imported food shall be notified to submit a new registration application in accordance with the application channel. After the new registration application is approved, the original registration number in China will automatically become invalid and the registration qualification will be cancelled.
In the case of relocation of enterprise production site, change of legal representative, or change of registration number granted by the country (region) where the enterprise is located, a new application for registration shall be submitted. After the new registration application is approved, the original registration number in China will automatically become invalid and the registration qualification will be cancelled.
The relocation of the production site refers to the relocation of the actual production site (plant area) exporting food to China. The change in the office of the management personnel does not belong to the relocation of the production site. The change of legal representative refers to a change in the actual owner of an overseas enterprise. If the actual owner of the overseas enterprise remains unchanged, the personnel who perform the management of the enterprise’s production site (plant area) on behalf of the actual owner changes, the production enterprise can apply for the change first, and the General Administration of Customs will assess the actual impact of the corresponding change on the enterprise’s food safety and sanitation management control, and then decide whether to grant the application for change.
(III) Renewal of registration
For registered overseas enterprises, the competent authority of the country (region) where it is located or the overseas production enterprise of imported food shall submit the corresponding application materials for the renewal of registration in accordance with the requirements of Article 12 of these guidelines in accordance with the application channels 3 to 6 months before the expiry of registration.
After evaluation and review, if it is confirmed to meet the requirements for renewal of registration, the application for renewal of registration shall be granted; if it does not meet the requirements, the application for renewal of registration shall be refused and the competent authority of the country (region) where the enterprise is located or the overseas production enterprise of imported food will be notified in writing, and the original registration number in China will expire automatically and the registration qualification will be cancelled.
The import and Export Food Safety Bureau of the General Administration of Customs may notify the competent authority of the country (region) where the enterprises are located or overseas production enterprises of imported foods through written letters, fax documents, e-mails or information systems, etc.
(IV) Cancellation of registration
When a registered overseas food production enterprise applies for cancellation of its qualification, the competent authority of the country (region) where it is located or the overseas production enterprise of imported food shall submit the corresponding application materials for the cancellation in accordance with the requirements of Article 12 of these guidelines in accordance with the application channels.
For those that meet the requirements of cancellation, the import and Export Food Safety Bureau of the General Administration of Customs shall grant the application for cancellation, notify the competent authority of the country (region) where it is located or overseas production enterprise of imported food, and make an announcement.
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Guide to handling government affairs service matters related to "Registration of Overseas Production Enterprises of imported Food"
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