Chapter III Registration Administration

Article 18 The General Administration of Customs shall, on its own or by entrusting relevant agencies, organize a review team to re-examine if the overseas production enterprises of imported foods continue to meet the registration requirements.  The review team shall be composed of more than 2 evaluation reviewers.

Article 19 During the validity period of the registration, where the overseas production enterprise of imported foods have change in registration information, it shall submit a change application to the General Administration of Customs through the registration application channel and submit the following materials:

(I) A comparison table of registration item change information;

(II) Proof materials related to the change information.

The General Administration of Customs shall approve such change if it deems feasible after assessment.

In the case of a relocation of production site, a change of legal representative, or a change of registration number granted by the country (region) where the enterprise is located, re-application for registration shall be made and the registration number in China shall automatically become invalid.

Article 20 Where a renewal of registration is needed, the overseas production enterprise of imported foods shall file an application to the General Administration of Customs through the registration application channel for the renewal of registration within 3-6 months before the expiry date of the registration.

Application materials for renewal of registration shall include:

(I) Application for renewal of registration;

(II) A statement that enterprise promises to continue to meet the registration requirements.

The General Administration of Customs shall approve the renewal of registration for enterprises that meet the registration requirements, and the validity period shall be extended for another 5 years.

Article 21 In case that an overseas production enterprise of imported foods approved for registration has any of the following circumstances, the General Administration of Customs shall cancel the registration, notify the competent authority in the country (region) where it is located or overseas production enterprise of imported foods, and make an announcement:

(I) Failure to apply for renewal of registration as required;

(II) Active application for cancellation thereof by the competent authority in the country (region) where the enterprise is located or an overseas production enterprise of imported foods;

(III) Failure to meet the requirements of Item (2) of Article 5 of these regulations.

Article 22 The competent authority in the country (region) where the overseas production enterprises of imported foods are located shall implement effective supervision of the registered enterprises, and urge the registered enterprise to continue to meet the registration requirements. Where it finds non-conformity with the registration requirements, it shall immediately take control measures and suspend the relevant enterprises from exporting food to China until the rectification meets the registration requirements.

Where an overseas production enterprise of imported foods finds, on its own, non-conformity with the registration requirements, it shall proactively suspend the export of food to China and immediately take rectification measures until the rectification meets the registration requirements.

Article 23 Where the General Administration of Customs finds that an overseas production enterprise of imported foods that has been registered no longer meets the registration requirements, it shall order it to make rectification within the prescribed time limit and suspend the import of foods from relevant enterprises during the rectification.

Where a suspension of import from enterprises recommended for registration by the competent authority in the country (region) where they are located is made, such competent authority shall supervise the relevant enterprises to complete the rectification within the prescribed time limit, and submit a written rectification report and a written statement of compliance with registration requirements to the General Administration of Customs.

Where a suspension of import from enterprises applied for registration on their own or under entrusted agents is made, the enterprises shall complete the rectification within the prescribed time limit, and submit a written rectification report and a written statement of compliance with registration requirements to the General Administration of Customs.

The General Administration of Customs shall review the rectification of enterprises, and if the review is qualified, the food imports from relevant enterprises shall be resumed.

Article 24 In case that an overseas production enterprise of imported foods approved for registration has any of the following circumstances, the General Administration of Customs shall withdraw the registration, and make an announcement:

(I) where a major food safety accident occurs in the imported foods due to reasons of the enterprise itself;

(II) where food safety problems are discovered during entry inspection and quarantine for food exported to China, and the circumstances are serious;

(III) where an enterprise has major problems in its food safety and health management, and cannot guarantee that the food exported to China meets the safety and health requirements;

(IV) where an enterprise fails to meet the registration requirements after rectification;

(V) where false materials are provided or relevant situation is concealed;

(VI) where an enterprise refuses to cooperate with the General Administration of Customs in performing re-examination and accident investigation;

(VII) where the registration number is lent, leased, transferred, resold or illegally used.

Chapter IV Supplementary Provisions

Article 25 Where an international organization or the competent authority of country (region) exporting food to China issues an epidemic situation notice, or where serious problems such as epidemic situation and public health events are found during entry inspection and quarantine of relevant foods, the General Administration of Customs shall announce the suspension of import of related foods from such country (region), and the refusal to accept application for registration of related food production enterprises of such country (region).

Article 26 The competent authority in the country (region) in these Regulations refers to the official department responsible for the safety and health supervision of the food production enterprise in the country (region) where overseas production enterprises of imported foods are located.

Article 27 The General Administration of Customs shall be responsible for the interpretation of these Regulations.