Overview
After food is imported, it does not mean the end. After import, customs in China will still supervise the safety of imported food through a closed loop of "system review → full traceability → active recall".
China's post-import food management systems mainly include:
Retrospective inspection of food safety management systems
Import and sales record system
Recall system for unqualified food
For overseas food enterprises seeking to enter the Chinese market, ensuring the safety of imported food is their primary responsibility.
Retrospective Inspection of Food Safety Management Systems
System Overview
Retrospective review refers to the continuous review of food safety management systems in two types of overseas countries (regions):
Those who have passed the system assessment and obtained the qualification to export to China;
Those who have not undergone system assessment but have a traditional trade of relevant products with China.
The General Administration of Customs will review the continuous effectiveness of the food safety management systems in these countries (regions) based on risk assessment results.
Scope of Relevant Foods
All foods that have been exported to China (including those with access qualifications and traditional trade products) are within the scope of relevant foods for retrospective review.
Review Points
The review process is consistent with the pre-import food safety management system assessment and review, with a focus on verifying:
1. System completeness: Whether the management system is sound;
2. Operational effectiveness: Whether regulatory measures are implemented;
Dual Judgment Objectives
Whether the food safety situation in the country meets China's acceptable risk level;
Whether the food exported to China complies with Chinese laws and regulations and national food safety standards.
Enterprise Action Guide
Overseas production enterprises: Need to continuously maintain the management system at the time of registration (such as workshop hygiene, testing procedures) to avoid suspension of qualification to export to China due to system failure.
Confirm whether the cooperating country/enterprise is on the list of qualified re-examination through the "Catalogue of Foods Exported to China That Meet Assessment Requirements".
Import and Sales Record System
System Overview
Importers complete food import and sales records within the specified time, and customs inspect the status of import and sales records.
Relevant Processes
1. Establishment of Record System
Importers shall establish an import and sales record system, truthfully record the food name, net content/specification, quantity, production date, production or import batch number, shelf life, name and address and contact information of overseas exporters and purchasers, delivery date, etc., and keep relevant certificates.
2. Retention Period of Records and Certificates
The retention period of records and certificates shall not be less than 6 months after the expiration of the food's shelf life;
If there is no clear shelf life, the retention period shall be more than 2 years after sale.
3. Customs Management
Each subordinate customs shall inspect the record filing status of importers in its jurisdiction and the import and sales records of importers.
Reminders
- Failure to establish a record system
In accordance with Article 129, Paragraph 2 of the "Food Safety Law of the People's Republic of China", if an importer fails to establish and comply with the food and food additive import and sales record system and the overseas exporter or production enterprise audit system in violation of the provisions of this Law, the customs shall impose penalties in accordance with the provisions of Article 126 of this Law.
- False records/refusal to cooperate with inspections
In accordance with the Order of the General Administration of Customs on Promulgating the "Measures for the Administration of Import and Export Food Safety" (Order No. 249 of the General Administration of Customs), if domestic import and export food producers and operators fail to cooperate with customs in import and export food safety verification, refuse to be interviewed or provide materials, or the content of their replies and materials provided are inconsistent with the actual situation, the customs shall impose a warning or a fine of less than 10,000 yuan.
Recall System for Unqualified Food
System Overview
If an importer finds that imported food does not meet China's national food safety standards or there is evidence that it may be harmful to human health, the importer shall immediately stop importing and recall it in accordance with regulations.
Relevant Processes
1. If a food importer finds that imported food does not comply with laws, administrative regulations and national food safety standards, or there is evidence that it may be harmful to human health, it shall immediately stop importing, selling and using the food and implement recall in accordance with the provisions of Article 63 and Paragraph 3 of Article 94 of the "Food Safety Law of the People's Republic of China".
2. Notify relevant producers, operators and consumers, and record the recall and notification situation.
3. Report the food recall, notification and handling situation to the local customs.
Reminder
In accordance with Item 4, Paragraph 1 of Article 129 of the "Food Safety Law of the People's Republic of China", if an importer still refuses to recall the imported food after being ordered by the relevant competent department to recall it in accordance with this Law, the customs shall impose penalties in accordance with the provisions of Article 124 of this Law.
REACH24H's Tips for Compliance with Imported Food
As an importer or overseas enterprise, after import, you still need to be reminded to make corresponding preparations:
1. Establish a regular post-sales risk self-inspection mechanism
2. Pay real-time attention to customs' early warning notices on unqualified food
3. Establish a recall emergency plan
For more information and inquiries, please feel free to contact us at customer@reach24h.com.
