In order to be more convenient and beneficial to the enterprise, this system was introduced. For the purposes of further deepening the reform of “simplification of administrative procedures, decentralization of powers, combination of decentralization with appropriate control, and optimization of services” and optimizing the business environment, in accordance with the requirements of the Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the Notification and Commitment System for Certification Items and Enterprise-Related Business Licensing Items (No. 42 [2020], General Office of the State Council), upon deliberation, the General Administration of Customs (“GACC”) has decided to implement the notification and commitment system for the certification item of the testing report for imported dairy products.


The system has been implemented on July 5 this year. The notification and commitment system allows importers (or agents) to provide a letter of commitment (LOC), instead of the original testing report, for first-time dairy imports to clear customs. importers (or agents) may also continue to submit the original testing report for customs clearance.

To have a more in-depth understanding of the notification and commitment system on the certification of imported dairy products, it is also necessary to first understand what an imported dairy product testing report is.


The imported dairy product testing report is the material submitted to China during the declaration process of imported dairy products. The report should contain the items listed in the corresponding national food safety standards or the items required by the General Administration of Customs. See the table below for specific requirements.


Infant formula base powder raw materials (milk-based premix) also need to be paid special attention when submitting the testing report in following table.


Notice:

(1) First import: dairy products with exactly the same information such as overseas manufacturers, product names, formulas, overseas exporters, and domestic importers are imported from the same port for the first time.

(2) The above testing report should correspond to the production date or production batch number of imported dairy products.


Learn about the notification commitment system of imported dairy product testing reports through Q&A.

(1) Q: Can anyone replace the testing report with the notification and commitment system?

A: No, the use of the notification and commitment system is conditional. The importer of imported dairy products or its agent shall be a legal person established in accordance with the law and able to bear corresponding legal responsibilities. If the applicant has a relatively serious poor credit record or has made a false promise, the notification and promise system shall not be applied before the credit restoration.

(2) Q: If I have a test report, do I still have to make the commitment?

A: No, the applicant can choose whether to use the notification commitment instead of the test report. If the applicant is unwilling or unable to promise, it shall submit an imported dairy product testing report in accordance with the law. If the applicant is willing to make an undertaking, he shall submit the original notification undertaking with the official seal of the unit to the customs. This certification item must be promised by the applicant, and cannot be promised on behalf of it.

(3) Q: Does the commitment need to bear legal responsibility?

A: Of course it does. After the applicant has made the commitment in writing that he or she has met the notified conditions and requirements and is willing to bear the legal responsibilities of false commitments.


(4) Q: What happens if the company makes the false commitment?

A: If the applicant makes a false promise or the content of the promise is not true, the customs shall revoke the relevant decision according to law, and the benefits obtained based on this notification of the promise will not be protected, and supplement the relevant imported dairy testing report, and bear the corresponding laws caused by this responsibility. Take credit disciplinary measures, and not be able to apply for the notification commitment of imported dairy product testing reports and certification items within one year. Administrative penalties shall be given to those that meet the statutory administrative penalties.

(5) Q: What is the process for handling this commitment?

A: Step 1: The applicant downloads and prints it from the official website of the General Administration of Customs, or the text of the letter of undertaking notified by the customs to provide certification at the business site. After carefully reading the notices and promises, fill in the basic information of the applicant, affix the official seal of the unit and fill in the date of application.

Step 2: After review, the customs shall fill in the date and sign if it meets the requirements for the notification of the pledge certificate; if the pledge information is found to be false or unqualified, it shall make a decision not to pass the review and notify the applicant in time.

Step 3: The customs shall handle the relevant business in accordance with the certification items as notified and committed.


Points of Concern

(1) Q: If dairy products are used for blind sample testing (to participate in the proficiency testing of foreign organizations), can only provide the testing parameter range value?

A: According to Article 55 of the Measures for the Supervision and Administration of Inspection and Quarantine of imported and Exported Diary Products, dairy products which are for feedstuff, non-edible or imported/exported through express, mailing or brought by passengers shall be handled in accordance with corresponding regulations. Therefore, it is not necessary to provide test reports for dairy products used in activities such as testing.

(2) Q: Do the test report providers have specific requirements, such as whether they have qualification requirements?

A: According to Article 6 of the Relevant Requirements for Implementing the Measures for the Supervision and Administration of Inspection and Quarantine of imported and Exported Diary Products (The original AQSIQ Announcement No. 53, 2013), The testing agency that issues testing reports for imported dairy products can be an overseas official laboratory, a third-party testing agency, or a corporate laboratory, or a domestic testing agency that has obtained the certification of a food inspection agency.