Food import and export

Article 91 The national entry-exit inspection and quarantine department shall supervise and manage the safety of imported and exported food. 

Article 92 Imported food, food additives and food-related products shall comply with my country's national food safety standards. Imported food and food additives shall be inspected and qualified by the entry-exit inspection and quarantine agency in accordance with the relevant laws and administrative regulations on import and export commodity inspection. Imported food and food additives shall be accompanied by qualified certification materials in accordance with the requirements of the national entry-exit inspection and quarantine department.

Article 93 For imported food for which there is no national food safety standard, the foreign exporter, foreign production enterprise or the importer entrusted by it shall submit the relevant national (regional) standards or international standards implemented to the health administrative department of the State Council. The health administrative department of the State Council shall review the relevant standards and decide to temporarily apply them if it is considered to meet the food safety requirements, and formulate the corresponding national food safety standards in a timely manner. The import of food produced with new food raw materials or new varieties of imported food additives and new varieties of food-related products shall be handled in accordance with the provisions of Article 37 of this Law. The entry-exit inspection and quarantine agency shall inspect the food, food additives and food-related products specified in the preceding paragraph in accordance with the requirements of the health administrative department of the State Council. The inspection results shall be made public.

Article 94 Foreign exporters and foreign Manufacturers shall ensure that the food, food additives and food-related products exported to my country comply with the provisions of this Law and other relevant laws, administrative regulations and national food safety standards of my country, and shall be responsible for the contents of labels and instructions. Importers shall establish an audit system for foreign exporters and foreign manufacturers, focusing on the contents specified in the preceding paragraph; those that fail the audit shall not be imported. If it is found that the imported food does not meet the national food safety standards of my country or there is evidence that it may endanger human health, the importer shall immediately stop importing and recall it in accordance with the provisions of Article 62 of this Law.

Article 95 If a food safety incident occurring abroad may have an impact on my country, or if serious food safety problems are found in imported food, food additives and food-related products, the national entry-exit inspection and quarantine department shall promptly take risk warning or control measures and report to the food and drug supervision and administration, health administration and agricultural administration departments of the State Council. The departments receiving the notification shall take corresponding measures in a timely manner.

The food and drug supervision and administration departments of the people's governments at or above the county level shall supervise and manage imported food and food additives sold in the domestic market. If serious food safety problems are found, the food and drug supervision and administration department of the State Council shall promptly report to the national entry-exit inspection and quarantine department. The national entry-exit inspection and quarantine department shall take corresponding measures in a timely manner.

Article 96 Foreign exporters or agents exporting food to my country and importers of imported food shall register with the national entry-exit inspection and quarantine department. Foreign food production enterprises exporting food to my country shall be registered with the national entry-exit inspection and quarantine department. If a registered foreign food production enterprise provides false materials or causes a major food safety accident in imported food due to its own reasons, the national entry-exit inspection and quarantine department shall revoke the registration and announce it. The national entry-exit inspection and quarantine department shall regularly publish the list of registered foreign exporters, agents, importers and registered foreign food production enterprises.

Article 97 Imported pre-packaged food and food additives shall have Chinese labels; if there are instructions required by law, there shall also be Chinese instructions. Labels and instructions shall comply with the provisions of this Law and other relevant laws, administrative regulations of my country and the requirements of national food safety standards, and shall state the origin of the food and the name, address and contact information of the domestic agent. Pre-packaged food without Chinese labels, Chinese instructions or labels and instructions that do not comply with the provisions of this article shall not be imported.

Article 98 Importers shall establish a food and food additive import and sales record system, truthfully record the name, specifications, quantity, production date, production or import batch number, shelf life, name, address and contact information of overseas exporters and purchasers, delivery date, etc. of food and food additives, and keep relevant vouchers. The retention period of records and vouchers shall comply with the provisions of Article 50, paragraph 2 of this Law.

Article 99 Export food production enterprises shall ensure that their exported foods meet the standards or contractual requirements of the importing country (region). Export food production enterprises and export food raw material planting and breeding farms shall be registered with the national entry-exit inspection and quarantine department.

Article 100 The national entry-exit inspection and quarantine department shall collect and summarize the following import and export food safety information and promptly inform relevant departments, institutions and enterprises:

• Food safety information discovered by the entry-exit inspection and quarantine agency during the inspection and quarantine of imported and exported food;

• Import food safety information reported by organizations such as food industry associations and consumer associations and consumers;

• Risk warning information and other food safety information issued by international organizations and foreign government agencies, as well as food safety information reported by organizations such as foreign food industry associations and consumers;

• Other food safety information.

The national entry-exit inspection and quarantine department shall implement credit management for importers, exporters and export product manufacturers of imported and exported products, establish credit records, and publish them to the public in accordance with the law. For importers, exporters and export food manufacturers with bad records, the inspection and quarantine of their imported and exported foods shall be strengthened.

Article 101 The national entry-exit inspection and quarantine department may evaluate and review the food safety management system and food safety status of countries (regions) that export food to my country, and determine the corresponding inspection and quarantine requirements based on the evaluation and review results.