Administrative-Measures-for-the-Entry-and-Exit-Inspection-and-Quarantine-of-Food-and-Feed.doc

SHCIQ3cDJC074Version B 0 AmendmentShanghai Entry and Exit Inspection and Quarantine Bureau Administrative Measures for the Entry and Exit Inspection and Quarantine of Food and FeedCommencement Date:6th August 2010Page 9 of 9Chapter I General ProvisionsArticle 1 For the protection of human health, animal and plant safety; Specifying the inspection, quarantine, supervision and administration of the entry and exit of food and plant-derived feed (hereinafter referred to as feed) through Shanghai ports, the Administrative Measures for the Entry and Exit Inspection and Quarantine of Food and Feed (hereinafter referred to as Measures) is formulated by Law of Peoples Republic of China on the Import and Export Commodity Inspection and its implementing regulations, Law of China peoples Republic on the Entry and Exit Animal and Plant Quarantine and its implementing regulations, Law of the Peoples Republic of China on Food Hygiene and Administrative Measures for Entry and Exit Inspection and Quarantine of Food and Feed (Decree No. 7, 2001, General Administration of Quality Supervision, Inspection and Quarantine of PRC, hereinafter referred to as AQSIQ) and other relevant laws and regulation requirements.Article 2 This Measures applies to the inspection, quarantine supervision and administration of trade and non-trade food and feed through Shanghai ports (includes transit)Article 3 The term of food in this Measures refers to grain cereal (such as wheat, corn, rice, barley, rye, oats, sorghum, etc.), legume (such as soybeans, green beans, peas, beans, broad beans, chickpeas, etc.), potato (such as potatoes, cassava, sweet potatoes, etc.), other grain and oil seed crops (non-breeding) and its processed products (such as rice, malt, flour, etc.); The term of feed refers after processing by-products of grain and oil (such as wheat bran, soybean meal, soybean meal, etc.).The term of cereal which involves in business division in this Measures refers to wheat, barley (including malting barley, beer, malt), corn (not including popcorn, frozen corn), edible sorghum, soybeans, rice and oilseeds (such as food seeds, castor beans, etc.).Article 4 According to the nature of different product catalogues, Division for Supervision on Animal and Plant and Division for Supervision on Food Safety, Shanghai Entry-Exit Inspection and Quarantine Bureau. (hereinafter referred to as SH-AQSIQ) are responsible for the entry and exit inspection quarantine, supervision and administration of food and feed through Shanghai ports.Minhang Development Zone Entry-Exit Inspection and Quarantine Bureau is responsible for the entry and exit inspection, quarantine, supervision and administration of large shipment of bulk cereals outward through Shanghai ports.The inspection and quarantine branches are responsible for the entry-exit inspection, quarantine, supervision and administration of food and feed (not specified above cereal) within their respective areas.Chapter II Approval of Entry QuarantineArticle 5 According to the AQSIQ Decree No.25, on the Administrative Measures for the Entry Animal and Plant Quarantine; AQSIQ Announcement No.2, 2002, Approval List of Inspection and Quarantine on Entry Animal and Plant and the requirements of AQSIQ Announcement No.111, 2004, The cancellation of Entry Quarantine of some Animal and Plant, the cargo owner or his/her agent should apply for the quarantine and approval before signing any trade contract. The goods are defined as following: grain cereal includes wheat (from non-infected areas or unbanned), corn, rice, barley, rye, oats, sorghum, etc. legume includes soybeans, green beans, peas, beans, broad beans, chickpeas, etc. potato includes potatoes, cassava, sweet potatoes, etc. feed includes after processing by-products of grain and oil (such as wheat bran, soybean meal, soybean meal, etc.).Article 6 The Pre-approval Procedures of Quarantine(1). The applicant apply and obtain digital certificates (IKWY) from Beijing XinChengTong Digital Technology Co. Ltd. (iTowNet, ), and install the application platform. Applicant applies the registration from the inspection and quarantine bureau branch where he/she located in.(2). The applicant fills the E-page of Animal and Plant Quarantine Entry Permit Application Form, submits to Division for Supervision on Animal and Plant or Division for Supervision on Food Safety, SH-AQSIQ for per-approval application, and provides the prevention measures of production, processing sites and transportation, processing and other aspects after entering the country, provides applicants proof of legal status (copy) and other relevant information(3). Regarding the food and feed which the entry destination is Shanghai, Division for Supervision on Animal and Plant or Division for Supervision on Food Safety, SH-AQSIQ should follow the AQSIQ Decree No.25, on the Administrative Measures for the Entry Animal and Plant Quarantine, inspect and exam whether the import volume is consistent with the processing and production capability, whether the transportation, processing, handling and other aspects meet the animal and plant inspection and quarantine requirements. If the food and feed has a second destination within the country, Division for Supervision on Food Safety, SH-AQSIQ should note the destined AQSIQ bureau to exam, inspect and issue the corporate assessment report of process use enterprises.(4). If the application qualified pre-approval assessment, SH AQSIQ issues The Decision Note of Accepting Administrative License application Division for Supervision on Animal or Plant or Division for Supervision on Food Safety signs for preliminary views and submits to PRC AQSIQ. The pre-approval institution should save and keep all application documents physically.If the application unqualified pre-approval assessment, SH AQSIQ issues The Decision Note of Unaccepting Administrative License application. All application documents should be returned to applicant.If the application does not belong to the scope of approval, SH AQSIQ issues The Decision Note of Inadmissible applicationArticle 7 The cargo owner and he/her agent should list the requirements of entry food and feed inspection and quarantine on the trading contract. The requirements are from Animal and Plant Quarantine Entry Permit which issued by AQSIQ.Article 8 The cargo owner should keep the record and report to Division for Supervision on Animal or Plant when he/she obtains the Animal and Plant Quarantine Entry Permit. If the goods are under national quotas such as wheat, the cargo owner should provide both original and copy of National Quotas Permit.Article 9 The cargo owner and he/her agent should reapply the Animal and Plant Quarantine Entry Permit in any of the following conditions.(1). Change the type of entry food and feed or increase over 5% weights.(2). Change the exporting country or region.(3). Change the port of entry, destination or transport routes(4). Exceed Quarantine Permit expiration dateChapter III Entry Inspection and QuarantineArticle 10 The cargo owner and he/she agent should apply for inspection before the food and feed entering the country, and provides the following documents:(1). Animal and Plant Quarantine Entry Permit(2). The sample or the exam method agreed by trade documents (trade contract, letter of credit, etc.)(3). If the goods is transgenic, the cargo owner should provide GMO Safety Certificates and GMO Identification Inspection and Approval Document which issued by Ministry of Agriculture.(4). Official animal and plant inspection certification from exporting country or region.(5). Other relevant documents where required.Article 11 When SH-AQSIQ accepts inspection application, the following sections should be checked: whether the application is consistent with the receiver of inspection certification and one party of the trading contract; whether the application volume is exceed 5% of the permitted volume; whether the type, exporting country, entry port is as same as the Animal and Plant Quarantine Entry Permit. If there is any difference, SH-AQSIQ should not accept the application.Article 12 Based on operational need and the agreement from AQISQ, sending inspection personnel to the exporting country for epidemic investigation, pre-inspection before shipment and monitoring the loading.Article 13 Inspect entry food and feed by following requirements:(1). The inspection and quarantine requirements from bilateral quarantine agreement, protocol and memo between Chinese government and the exporting country or region.(2). The inspection and quarantine requirements from Chinese laws, administrative regulations and AQISQ regulations.(3). The inspection and quarantine requirements from Animal and Plant Quarantine Entry Permit.(4). Other inspection and quarantine requirements from trading contract.(5). According to national and SH-AQSIQ regulations, implementing Toxic and harmful substances residue inspection and quarantine.Article 14 All entry food by shipment can be unloaded in the port if the cargo owner has Unloaded Approval Note (Attachment 1) after passed surface inspection and quarantine at the anchorage; In any special circumstances requires inspection and quarantine after berthing, it has to be approved by SH-AQSIQ. If the food and feed unloadeded in different ports, SH-AQSIQ only inspect the good unloadeded in Shanghai ports, and inform the next inspection and quarantine bureau of unloaded in written form. If the cargo owner requires external certificate, it will be issued by the inspection and quarantine bureau of final unloaded region.If Shanghai port is the final unloaded region, SH-AQSIQ should contact the pervious inspection and quarantine bureaus and issue the external certificate.Article 15 If the food and feed transported by container, it has to be used and transport after inspection and quarantine.Article 16 If the food and feed only transited with original transportation and package, AQSIQ has to supervise all transit procedure.If the food and feed changed original transportation and package, it will be inspect by the requirement of Animal and Plant Quarantine Entry PermitArticle 17 SH-AQSIQ will issue the Approval of Entry Goods Inspection and Quarantine and grant its entry when the food and feed passed inspection.Article 18 If the food and feed could not qualified for Article 13, but could be treated effectively, the good should be treated and reinpected. If it passed, Approval of Entry Goods Inspection and Quarantine will be issued and its entry will be granted.Article 19 If the food and feed was discovered quarantine pests or may contain quarantine pests under AQSIQs risk assessment, AQSIQ will issue Note of Inspection and Quarantine Treatment and Approval of Plant Quarantine if there is applicable effective treatment . It can be used after the pest elimination Article 20 If the food and feed met one of the following condition, it will be required to return or destroy:(1). The food and feed can not meet the requirements of Article 13 and can not be treated, or still unqualified after treatment.(2). If the food, feed and soil was discovered quarantine pests or may contain quarantine pests under AQSIQs risk assessment, and still unqualified after treatment.Chapter IV Exit Inspection and QuarantineArticle 21 The cargo owner and his/her agent should apply for inspection before food and feed exit the country. Longwu Office, Minhang Development Zone Entry-Exit Inspection and Quarantine Bureau is responsible for the exit inspection quarantine, supervision and administration of large shipment of bulk cereals outward through Shanghai ports. Apart of relevant documents, the cargo owner has also to provide the exam method agreed by trade documents (trade contract, letter of credit, etc.)Food and feed from other regions out of Shanghai should be inspected at producing area and recheck by SH-AQSIQ. If it needed quarantine treatment, the procedure will be supervised under SH-AQSIQ.Article 22 Regarding the ship and container of exit food and feed shipment, the carrier, loader and agent should apply shipment suitable inspection before loading. The goods can be loaded when qualified inspection and quarantine.Article 23 Inspection and Quarantine Institutions exam and inspect exit food and feed by the following requirements:(1). The inspection and quarantine requirements from bilateral quarantine agreement, protocol and memo between Chinese government and the exporting country or region.(2). The inspection and quarantine requirements from Chinese laws, administrative regulations and AQISQ regulations.(3). The inspection and quarantine requirements from importing country and region.(4). Other inspection and quarantine requirements from trading contract or letter of credit.Article 24 SH-AQSIQ will issue Exit Goods Custom Clearance or Note of Exit Goods certificate exchange if the exit food and feed qualified for the inspection and quarantine. SH-AQSIQ will issue certificate of inspection and quarantine if the cargo owner required.Article 25 the period of validity of exit food and feed inspection is no longer than two months, the period of validity of exit food and feed quarantine is generally 21 days.Article 26 regarding the exit food and feed produced out of Shanghai regional, the cargo owner and his/her agent should apply inspection to SH-AQSIQ within the period of validity of Note of Exit Goods certificate exchange. If it passed inspection, SH-AQSIQ will issue Exit Goods Custom Clearance and will not provide Plant Quarantine Certificate. If the cargo owner and his/her agent did not apply within period of validity of Note of Exit Goods certificate exchange, he/she should reapply new note.Article 27 when the food and feed could not qualified for inspection and quarantine, if it passed reinspection after effective treatment, Approval of Exit Goods Inspection and Quarantine will be issued and its exit will be granted. If there is no effective treatment or it failed reinspection, a Note of Unqualified Exit Goods will be issued.Chapter V The Administration of Inspection Quarantine and SupervisionArticle 28 According to AQSIQs regulation, the processing and storage enterprises of exit food (includes paddy wheat, barley, rye, corn, soybean, rapeseed, potato, etc.) should be register of inspection and quarantine implementation.According to The announcement of implementing inspection and quarantine record keeping for the raw material cultivation bases of exporting plant derived food (Hu No 205, 2008), the raw material cultivation bases of export produce and process enterprises of exit rice, legume (excludes soybean) and oilseeds (except canola) should be kept on record by SH-AQSIQ. Article 29 SH-AQSIQ supervises and administrates the producing, processing, loading, transporting and storage of entry food and feed.Article 30 The entry food and feed which transporting out of Shanghai region is supervised by the destinated inspection and quarantine bureau. SH-AQSIQ should