On November 11, 2021, the General Administration of Customs (GACC) issued "Regulations of the People's Republic of China on the Registration and Administration of Overseas Manufacturers of imported Food" Interpretation (hereinafter referred to as interpretation). This is the interpretation is for Decree 248 which released on Mar 12, 2021. From Jan 1st, 2022, the Decree 248 will be formally implemented, we supposed that lots of foreign manufacturers have questions about how to register. Therefore, FoodMate has screened out some important content in the interpretation and translated it for your reference.


Article 5. Registration conditions for overseas manufacturers of imported food...

【Interpretation】

…The manufacturers of imported food should apply for registration in accordance with the corresponding conditions listed in this article. First, confirm whether the food safety management system of the country (area) where the manufacturers is located has passed the equivalence assessment and review of the General Administration of Customs, P.R.China (GACC), if it’s not clear then the company should contact the local competent authority (hereinafter referred to as CA) to clarify; Second, the company should confirm that it has the qualifications approved by the CA and is under its effective supervision; Third, the company itself should establish an effective food safety and sanitation management and protection system, its production and export meet the requirements of the country (area) where it is located. When an manufacture export food to China, it shall implement the main responsibility and ensure that the exported foods complies with the relevant Chinese laws, regulations and national food safety standards; Fourth, the enterprise should also confirm with the CA whether there are relevant inspection and quarantine requirements agreed upon with the GACC, and if so, the relevant agreed inspection and quarantine requirements should also be met.

Article 6. The registration methods of overseas manufacturers of imported food include registration recommended by the competent authority of the country (area) where they are located and application for registration by the enterprise...

【Interpretation】

…With the development and progress of science and technology, analytical methods, and cognition, new food safety risks may be identified and added in the future, and certain food safety risks may also be confirmed to be negligible or can be eliminated. Therefore, if there is a risk analysis or evidence that the risk of a certain type of food has changed, the GACC shall adjust the registration method and application materials of the corresponding overseas manufacturers.

To apply for registration of an overseas manufacturers of imported food, it shall confirm its own product category and apply in accordance with the corresponding method in compliance with these regulations.

Article 7. The CA where the overseas manufacturers of the following foods are located shall be recommended to the GACC for registration: 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, 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 food.

【Interpretation】

After analysis and evaluation, it is clear that 18 types of imported food overseas manufacturers should be recommended to the GACC for registration by the local CA. The HS code range of imported food of 18 categories and other categories can be inquired on the official website of the GACC. The HS code range will be adjusted synchronously according to the update of the tariff code.

Article 10. The contents of the application form for manufacturer registration...

【Interpretation】

The GACC will formulate registration applications and examples for all types of imported food overseas manufacturers. Details can be found on the official website of the GACC.

Article 12. The CA or the overseas manufacturer of imported food shall be responsible for the authenticity, completeness and legality of the submitted materials.

【Interpretation】

This article clarifies that the CA or the overseas manufacturer of imported food shall be responsible for the authenticity, completeness and legality of the submitted application materials. The application materials submitted by the CA or the overseas manufacturer of imported food are the basic content of the customs department’s assessment and review and an important basis for deciding whether to approve registration or implement follow-up management measures. The CA or overseas manufacturers of imported food shall not provide false materials to deceive the customs department, otherwise they shall bear corresponding legal responsibilities.

Article 14. The GACC shall, based on the assessment and review, register the overseas manufacturers of imported food that meet the requirements and give the Chinese registration number, and notify the CA of the country (area) or the overseas manufacturers of imported food in writing; The overseas manufacturers shall not be registered if not meet the requirements, and the CA or the overseas manufacturers will be notified in writing.

【Interpretation】

Under the original regulations, the registration number of an overseas manufacturer of imported foods follows the registration number of the CA of the country (area) where the company is located. However, due to different food safety management systems and numbering rules in different countries, overlapping and confusion of registration numbers often occur. This revision of the newly established registration number requirements in China will uniformly assign registration numbers of China to registered companies in different product categories.


Article 15. When exporting food to China, a registered manufacturer shall mark the food’s internal and external packaging with the registration number in China or the registration number approved by the competent authority of the country (area) where it is located.

【Interpretation】

…This article clarifies that a registered manufacturer shall be marked with a registration number on products’ package. Registered companies can either choose to mark their registration number of China, or the registration number approved by the local CA, giving convenience and right to choose independently. In the long run, we encourage overseas companies to choose to mark their Chinese registration numbers.

The internal and external packaging in this article refers to the transportation packaging and the separately sold sales unit with independent packaging. For transport packaging, the registration number should be clearly and accurately marked on the transport packaging. For a sales unit containing individually packaged pre-packaged foods that can be sold separately, the registration number should be marked on the food label, and the relevant requirements of the General Rules for Prepackaged Food Labels in China’s National Food Safety Standards shall be implemented.

Article 19. ...If the production site is relocated, the legal representative is changed, or the registration number granted by the country (area) is changed, a new registration application shall be made, and the Chinese registration number will automatically become invalid.

【Interpretation】

…The relocation of the production site refers to the location of the actual production site (factory area) that food exports to China relocate to a new physical location. The change in the office of the manager does not belong to the relocation of the production site. The change of the legal representative refers to the change of the actual owner of the manufacturer. If the actual owner of the manufacturer does not change, but the personnel performing the management of the manufacturer’s production site (factory) on behalf of the actual owner of the enterprise changes, the registered manufacturer can apply for the change first, and the GACC will assess the impact of the corresponding change on the enterprise’s food safety and sanitation management and the actual impact of the control, then decide whether change shall be done.

Article 26. The CA of the country (area) where the imported food is located refers to the official department responsible for the safety and health supervision of the food production manufacturer in the country (area) where the overseas manufacturer of imported food is located.

【Interpretation】

…Different countries (areas) have different authorities for food production companies. Some countries are responsible for different types of food by different departments and agencies, such as Japan’s Ministry of Health, Labor, and Welfare (MHLW) and Ministry of Agriculture, Forestry and Fisheries (MAFF), the U.S. Food and Drug Administration (FDA), and United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other departments. In some countries, different production links of the same product are also managed by different departments.

In the actual implementation of this regulation, if the "competent authority of the country (region) where it is located" is performed by different official agencies, the corresponding official agencies shall connect with the GACC according to their own responsibilities, or one of the official agencies shall be responsible for the unified docking with the customs. The General Administration is responsible for official recommendation, assistance in evaluation, review and supervision of domestic enterprises by its organization.

The interpretations above is part of the GACC interpretation of the Decree 248 terms. If you have any questions about the registration of overseas manufacturers, please feel free to contact us.