China Implements Measures for Imported, Exported Dairy Products

CHINA - The Chinese government has announced the implementation measures for Decree 152: Administrative Measures for Inspection, Quarantine and Supervision of Imported and Exported Dairy Products. The effective date for these measures was 1 May 2013.

22 July 2013

5 minute read

Asia

Administrative Measures for Inspection, Quarantine and Supervision of Imported and Exported Dairy Products (Order No. 152 of the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) of the P.R.C, hereafter referred to as the Measures) published by AQSIQ on 24 January 2013 will be implemented from 1 May 2013. In order to further specify the contents of the Measures and to guarantee the successful implementation, the items involved are published as follows.

AQSIQ made adjustment on the scope of dairy products applicable to the Measures and made the announcement on the website of AQSIQ according to the laws and regulations of China and the changes of the national standards related to food safety. Article 2 of the Measures regulated that the milk powder included bovine colostrum powder while the milk-based infant formulated food included the base powder raw materials. The infant formulated food for special medical purposes is not subject to the Measures.
The registration system was adopted by AQSIQ for the overseas food manufacturing enterprises exporting dairy products to China. AQSIQ will release the regulations related to the registration of the overseas dairy product manufacturing enterprises and a certain transition period will be provided to the enterprises to complete the registration. During the transition period, the overseas dairy product manufacturing enterprises that have not completed the registration can still export dairy products to China according to the Measures.
As to imported dairy products (see Appendix 1) that need approval process for quarantine, the approval process for quarantine should be conducted according to the Administrative Measures for Quarantine Approval of Imported Animals and Plants (Order No.25 of AQSIQ). AQSIQ can determine and adjust the categories of the imported dairy products that need the quarantine approval and release the information on the website of AQSIQ.
No matter if the import record was kept before the implementation of the Measures, a certain product shipped from a certain port overseas for the first time will be regarded as import for the first time from the date of the implementation of the Measures. The subsequent batches of the same imported products from the same port (refers to the jurisdiction of the same bureau under direct administration) will be regarded as non-first time import. The products with the same overseas manufacturing enterprises, product name (including product brand), formula, overseas exporter and domestic importer will be regarded as the same product.
As to the dairy products imported for the first time, the importer or its agent should provide the test report on the items listed in the national standard for food safety for corresponding products during the quarantine declaration including the standards for the contaminant and fungaltoxin in food cited in the standard. As to the dairy products that are not imported for the first time, the importer or its agent should provide the copy of the test report and the quarantine declaration sheet provided during the first time of import as well as the test report on the items regulated by AQSIQ (see Appendix 2). The items contained in the test report for products not imported for the first time can be adjusted and determined by AQSIQ according to the risk monitoring of the dairy products while the information can be released on the website of AQSIQ.

As to the base powder raw materials (milk-based premix) used for infant formulated food which is imported for the first time, the importer or its agent should provide the test report about the items such as microorganism, contaminant and fungaltoxin regulated in the standards for corresponding products during the quarantine declaration. As to base powder raw materials not imported for the first time, the test report on the microbial items should be provided. The test report above should correspond to the manufacturing date or production batch number of the imported dairy products one by one.
The organization responsible to issue the test report of the imported dairy products can be overseas official lab, third-party test organization, lab of enterprise or domestic test organization with the qualification certification for food test.
If the importer of imported dairy products or its agent can not provide the test reports required in the Measures during the quarantine declaration, the materials in writing should be submitted to explain the reasons and pledge to supplement the test reports that conform to the regulations of the Measures within a certain period. The organization in charge of inspection and quarantine can start the quarantine declaration after approving the materials and implement the inspection on the imported dairy products after receiving the test reports submitted by the importer or its agent. During this period, the imported dairy products should be stored in a place for supervision appointed or approved by the organization in charge of inspection and quarantine according to the provisions of Article No.15 of the Measures.
If the items of safety or sanitation of the imported dairy products are disqualified, the importer or its agent should provide the test report on the items listed in the national standard of food safety (including the items of contaminant and fungaltoxin cited in the standard) for 5 continuous batches (refers to 5 production batches or manufacturing dates). If the disqualified items were illegal additives after the test, this item should be included in the test report.
As to the overseas awards, honor and certification mark on the label of the imported dairy products, related certificate documents verified through diplomatic channel should be provided. Diplomatic channel means to be verified by the overseas embassies and consulates of China or the embassies and consulates of foreign countries in China.
The importer of the imported dairy products should publish the category, origin and brand of the imported dairy products in time through public media (including official website of the enterprise).
As to the disqualified imported dairy products that have to be destroyed or are returned, the importer should report the destruction or return of shipment to the organization in charge of inspection and quarantine within 5 working days after completing the destruction or return of shipment.
Appendix: 1. Category of imported dairy products that need to transact the process of quarantine approval.