On April 12, 2021, the GACC issued Decree No. 248 of Regulations of the People's Republic of China on the Registration and Administration of Overseas Manufacturers of Imported Food (hereinafter referred to as the Administrative Regulations). The new Regulations will come into force on January 1, 2022.
The new Administrative Regulations introduces the risk management principles of the Food Safety Law, adopts the "official recommended registration" mode for overseas manufacturers of 18 categories of foods, and adopts the simplified "enterprise independent application" mode for overseas manufacturers of other foods other than the 18 categories, so as to further improve the efficiency of registration management. The documents that need to be submitted under the "official recommended registration" mode are relatively complicated, while the application documents under the "enterprise independent application" mode are much simpler. This article will take you to understand the related content of registration and management of 18 categories of food overseas manufacturers.
What are the 18 categories of foods that adopt the "official recommended registration" mode?
Meat and its products, casings, aquatic products, dairy products, edible bird's nest and its products, bee products, eggs and its products, edible 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, foods for special dietary uses, health food.
Why implement the "official recommended registration" mode for 18 categories of foods?
Based on the analysis of sources of food raw materials, production and processing technology, food safety historical data, consumer groups and consumption methods, combined with international practices, it is determined that overseas manufacturers of 18 categories of foods adopt the "official recommended registration" mode.
What documents need to be provided when registering 18 categories of food overseas manufacturers?
The competent authority of the country (region) where it is located should review and check the manufacturer recommended registration, and after confirming that it meets the registration requirements, recommend registration to the GACC and submit the following application documents:
(1) Recommendation letter from the competent authority of the country (region) where manufacturers are located;
(2) List of manufacturers and application of manufacturer registration;
(3) Manufacturer identification documents, such as business license issued by the competent authority of the country (region) where it is located;
(4) A statement recommended by the competent authority of the country (region) where the manufacturer meets the requirements of the regulations;
(5) The review report issued by the competent authority of the country (region) where the manufacturer is located for reviewing and checking the related manufacturers.
(6) If necessary, the GACC may request documents of the manufacturer's food safety, hygiene and protection system, such as the floor plans of the manufacturer's factory area, workshop and cold warehouse, as well as process flow diagrams.
It should be noted that, if risk analysis or evidence shows that the risk of a certain type of food has changed, the GACC may conduct registration methods and application documents for the corresponding food overseas manufacturers; if the registration methods and application documents are otherwise agreed between the related countries (regions) and China, it should be implemented in accordance with the agreement of both parties.
What are the evaluation procedures of registration management for overseas manufacturers of imported food?
(1) The GACC, by itself or by entrusting related agencies to organize an evaluation team, conducts evaluation and review of overseas manufacturers of imported food applying for registration through written check, video check, on-site check and combinations thereof.
(2) The GACC should, based on the evaluation and review, register the overseas manufacturer of imported food that meet requirements and give Chinese registration number, and notify the competent authority of the country (region) where it is located or the overseas manufacturer of imported food in writing; for those that do not meet requirements, they should not be registered, and the competent authority of the country (region) where they are located or the overseas manufacturers of imported food should be notified in writing.
The new "Administrative Regulations" supplemented a variety of evaluation and review forms such as written check, video check, and on-site check, and the review forms are more diverse and flexible.
During the validity period of registration, if the registration information of an overseas manufacturer of imported food changes, what should be done?
During the validity period of registration, if the registration information of an overseas manufacturer of imported food changes, a change application should be submitted to the GACC through the registration application channel and the following documents should be submitted:
(1) A comparison table of registration item change information;
(2) The certification documents related to the changed information. If the GACC considers that it can be changed after evaluation, the change will be allowed.
If the production site is relocated, the legal representative is changed, or the registration number granted by the country (region) where the manufacturer is located is changed, the registration number should be re-applied, and Chinese registration number will automatically become invalid.
Although the current administrative regulations mention the situations of registration changes and renewal, the application documents that need to be submitted are not specified. The new "Administrative Regulations" specified the details of documents that need to be submitted for the change and renewal, and clarified that the relocation of production site, the change of legal representative, or the change of registration number granted by the country (region) where the manufacturer is located does not belong to the scope of registration change and need to re-apply for registration.
How long is the validity period of registration of overseas manufacturer of imported food?
According to Article 16 of the new "Administrative Regulations", the validity period of registration of overseas manufacturer of imported food is 5 years.
If an overseas manufacturer of imported food needs to renew its registration, what should be done?
An application for registration renewal should be submitted to the GACC through the registration application channel within 3 to 6 months before the expiration of the registration validity period.
The application documents for registration renewal include:
(1) Application for registration renewal;
(2) A statement that promises to continue to meet the registration requirements.
The new "Administrative Regulations" relaxed the time for initiating registration renewal, from the previous need to initiate a renewal application one year before the expiration of the registration validity period to 3 to 6 months before the expiration of the validity period.
The list of registered manufacturers can be queried on the website of the GACC at http://jckspj.customs.gov.cn/spj/zwgk75/2706880/about.html.
Antion can provide related services of overseas manufacturer registration. If you are interested, please feel free to contact us!
Source: GACC
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