Food & Ag Import Regulation Standards: Certification
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Section I. List of All Export Certificates Required By Government (Matrix):
China has strict documentation requirements for the majority of imported food and agricultural products, including those relating to quality, quarantine, origin and import control. These can vary between products and product categories. Products may also have to meet other criteria such as packaging requirements, pre-clearance (if applicable), treatment options, labeling requirements, and container conditions.
An inconsistent record of sanitary and phytosanitary notifications to the WTO means some import measures are modified and implemented without prior notice. In addition, AQSIQ’s provincial branches have occasionally jumped ahead of AQSIQ in implementing new measures at the port. Under this changing regulatory environment, it is vital for U.S. exporters to work closely with Chinese importers to ensure that documentation requirements are met before shipping. Failure to do so could result in delays in product entering the country or even a rejection at the border.
10. Ractopamine-Free Certificate for Pork Effective March 1, 2013, U.S. exports of pork to China are required to provide a “Ractopamine-Free” certificate.
8. H1N1 Certification for Pork China halted pork imports from all H1N1-infected countries in May 2009. In May 2010, AQSIQ lifted its A-H1N1 ban, but all pork imports from the U.S. must have H1N1 certification and pack dates on or after March 24, 2010.
6. Automatic Registration Form (ARF) on Poultry In addition to the AQSIQ regulated MQIP, the Chinese Ministry of Commerce (MOFCOM) administers a separate import permit system for poultry, the Automatic Registration Form (ARF), which allocates a specific volume to eligible importers. According to MOFCOM, there is no predetermined trade volume limiting the issuance of ARFs; virtually all traders who apply for an ARF receive one.
5. Agriculture Biotech Product Labeling Policy China’s labeling regulations, governed by Ministry of Agriculture Decree 10 (GAIN report CH7053, 6/22/2007), are “to strengthen the administration of GMO labeling, standardize the selling activities of agricultural GMOs, guide the production and consumption of GMOs and protect consumers’ right to be informed.” The regulations spell out the type of labeling required as well as the specific language that is required on the individual labels. The types of products listed are:
1. Soybean seed, soybeans, soybean powder, soybean oil and soybean meal;
4. Biosafety Certificate for Importation of Agricultural Biotech Products for Processing and Import Permission For the importation of agricultural biotech products as processing materials, MOA Decree 9 states that a foreign seed developer must apply for an agricultural biosafety certificate from the MOA. The regulations require applicants to provide a variety of materials and certification that the exporting country has allowed the use and sale of the product in its domestic market, and that it has undergone tests showing no harm to animals, plants, or the environment.
Only after an agricultural biotech event obtains the MOA’s biosafety certificate, the importer could apply for the import permission for shipments of the ag biotech crops from the MOA. Each import permission covers one shipment of imports, and is valid for six months.
2. Record Filing for Foreign Exporters/Agents of Food Products and Consignee of Imported Food Products to China (2015 Update to AQSIQ Public Notice [2012] No. 55)
In 2012, AQSIQ launched the system for record filing for foreign exporters/agents of food products and consignee of imported food products to China. Since October 1, 2012, exporters and the consignees of certain food categories file their information at http://ire.eciq.cn in order to get their shipments released at customs. In 2015, AQSIQ conducted an electronic upgrade to the system, but information requirements and product coverage remain the same as in 2012.
Registration Requirements
As stated above, China has launched a number of registration schemes for a variety of consumer oriented products and bulk commodities. Foreign facilities seeking to export these products must ensure they are in compliance with registration requirements.(b) Registration Requirements for Grain and Oilseeds (AQSIQ Decree 177) In February 2016, AQSIQ released the Administrative Measures of Inspection and Quarantine for Entry and Exit Grain (AQSIQ Decree 177), which includes burdensome registration requirements for overseas production, processing, and warehousing enterprises. Decree 177 was implemented on July 1, 2016. (c) Registration Requirements for Feed and Feed Additives (AQSIQ Decree 118)
AQSIQ Decree 118 requires that China only imports feed and feed additives from foreign facilities that are registered with AQSIQ. To get registered, a facility must comply with the domestic laws, regulations and standards, which must have the equivalent effect as the Chinese regulations and standards. The qualified companies will be recommended by the exporting government to the AQSIQ for registration. The Decree 118 also sets requirements on record filing for Chinese importers, package labeling, and Chinese feed exports.
Quarantine Inspection Permit (QIP) To import any agricultural good into China, an importer must apply for a quarantine inspection permit (QIP) to cover that contract amount. The importer must supply documentation regarding the origin and volume of the shipment to AQSIQ with the QIP application. A QIP can technically cover multiple load/containers and is valid for six months.
Certificate of Origin For some products, China requires a certificate of origin, which is a document issued by the relevant authority of the exporting country’s government, local or state Chambers of Commerce, state government, industry association, or manufacturer/supplier. This certificate should accompany the export consignment of all food and agricultural products, including processed and packaged food. Close collaboration with importers is recommended to obtain the type of certificate of origin that will satisfy the local quarantine and customs authorities.
On December 31, 2015, the General Administration of Customs (GAC) and the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) issued the Public Notice [2015] No. 7310, announcing that starting from January 1, 2016, GAC and AQSIQ will share relevant electronic data of the certificate of origin.
Phytosanitary Certificates This certificate is required to strengthen the administration of the examination and approval of animal and plant import quarantine and prevent infectious or parasitic animal diseases, insect pests and weeds dangerous to plants and other harmful organisms, from spreading into the country.
Section III. Specific Attestations Required on Export Certificate (s)
An original export certificate must accompany each export consignment at the time of entry into China. The certificate and attestation information must match the container numbers in the shipment. Export declarations provided by suppliers or manufacturers and State-issued phytosanitary certificates are not acceptable. However, China will accept State-issued certificates of origin or certificate of free sale.
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