For Chinese enterprises engaged in food importation and overseas food companies seeking to enter the Chinese market, ensuring the safety of imported food is the foremost responsibility.
Our "Food Import" series of articles provides operation-oriented guidance for food enterprises, offering an in-depth analysis of the three-tier governance framework established by the General Administration of Customs of the People's Republic of China (GACC)—namely, "strict pre-import access assessment, rigorous inspection and quarantine at the point of entry, and robust post-import supervision"—with the goal of facilitating the smooth entry of food products and ingredients into the Chinese market.
The import clearance of food does not signify the conclusion of regulatory obligations. Post-entry, China Customs continues to safeguard imported food safety through a closed-loop supervision framework, encompassing "systematic re-evaluation, full-chain traceability, and proactive recall."
Post-Import Food Regulatory Systems
The post-import food regulatory system primarily includes:
Retrospective Review of the Food Safety Management System
Import and Sales Recordkeeping System
Recall System for Non-Compliant Food
Retrospective Review of the Food Safety Management System
System Overview
Retrospective review refers to the ongoing assessment of the food safety management systems of two categories of exporting countries (regions):
Those that have passed the system assessment and obtained eligibility for export to China;
Those that have not undergone system assessment but maintain traditional trade with China in relevant products.
Based on risk assessment results, GACC conducts reviews to evaluate the continued effectiveness of the food safety management systems of these countries (regions).
Scope of covered food: All food products already exported to China (including access-eligible products and those under traditional trade arrangements) fall within the scope of products subject to retrospective review.
Key Review Focus Areas
The review process is consistent with the pre-import food safety management system assessment and review, with a particular focus on verifying the following:
System Completeness: Whether the regulatory management system is adequately established;
Operational Effectiveness: Whether supervisory measures are effectively implemented.
Dual Assessment Objectives:
Whether the food safety situation of the exporting country (region) meets China's acceptable risk level;
Whether the food exported to China complies with Chinese laws, regulations, and national food safety standards.
Action Guide for Enterprises
Overseas Production Enterprises: The food safety management system under which registration was granted (e.g., workshop hygiene, testing procedures) must be continuously maintained to avoid suspension of export eligibility due to system failure.
Check whether your partner country/enterprise is included in the list of those that have passed the review through the Catalogue of Foods Exported to China from Countries or Regions that Meet the Assessment and Review Requirements or Have Traditional Trading Relationships.
Import and Sales Recordkeeping System
System Overview
Importers shall complete the recording of food imports and sales within the prescribed time frame. Customs authorities shall inspect the import and sales records to verify compliance.
Process Overview
Establishment of Recordkeeping System
Importers shall establish an import and sales recordkeeping system, faithfully recording the following information: product name, net content/specifications, quantity, production date, production or import batch number, shelf life, name, address, and contact information of the overseas exporter and the purchaser, delivery date, and other relevant details. Supporting documents shall also be retained.
Retention Period for Records and Supporting Documents
Records and supporting documents shall be retained for no less than 6 months after the expiry of the shelf life of the food;
For food without a specified shelf life, the retention period shall be no less than 2 years after the date of sale.
Customs Administration
Subordinate customs offices are responsible for inspecting the filing status and import and sales records of importers within their respective jurisdictions.
Important Notice
Failure to Establish a Recordkeeping System:
In accordance with Paragraph 2 of Article 129 of the Food Safety Law of the People's Republic of China, if an importer violates the provisions of this Law by failing to establish and comply with the recordkeeping system for the importation and sale of food and food additives, or the audit system for overseas exporters or manufacturers, Customs shall impose penalties pursuant to Article 126 of this Law.
Inaccurate Records / Refusal to Cooperate with Inspection:
Pursuant to the Administrative Measures on Import and Export Food Safety (GACC Decree No. 249), if a domestic importer or exporter of food fails to cooperate with Customs in its import and export food safety verification activities, refuses to respond to inquiries or provide materials, or provides responses and materials that are inconsistent with the actual circumstances, Customs shall impose a warning or a fine of not more than RMB 10,000 yuan.
Recall System for Non-Compliant Food
System Overview
Where an importer discovers that imported food does not comply with China's national food safety standards or has evidence that it may be hazardous to human health, the importer shall immediately stop importing the food and initiate a recall in accordance with applicable provisions.
Process Overview
Upon discovering that imported food fails to comply with laws, administrative regulations, and national food safety standards, or where there is evidence that it may be hazardous to human health, the importer shall immediately cease importation, sale, and use of the food, and shall initiate a recall in accordance with Article 63 and Article 94, Paragraph 3 of the Food Safety Law of the People's Republic of China.
Notify relevant producers, operators, and consumers, and maintain records of the recall and notifications.
Report the food recall, notifications, and disposal measures to the local customs office.
Important Notice
Pursuant to Article 129, Paragraph 1, Item 4 of the Food Safety Law of the People's Republic of China, where an importer refuses to recall imported food after being ordered to do so by the competent authority in accordance with this Law, Customs shall impose penalties in accordance with Article 124 of this Law.
Compliance Reminders
1. Establish a regular self-inspection mechanism for after-sales risk monitoring.
2. Stay up to date with GACC risk alerts for imported food.
3. Establish a contingency plan for product recalls.
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