Provisions of the Customs of the People's Republic of China on the Administration of Registration of Overseas Production Enterprises of Imported Food

Chapter I General Provisions

Article 1 These Provisions are developed according to the Food Safety Law of the People's Republic of China and the regulation on the implementation thereof, the Law of the People's Republic of China on Imported and Exported Commodity Inspection and the regulation on the implementation thereof, the Law of the People's Republic of China on the Imported and Exported Animal and Plant Quarantine and the regulation on the implementation thereof, the Special Provisions of the State Council on Strengthening the Supervision and Administration of Safety of Food and Other Products, and other laws and administrative regulations for the purposes of strengthening the administration of registration of overseas production enterprises of imported food.

Article 2 These Provisions shall apply to the administration of registration of overseas production, processing, and storage enterprises exporting food to China (collectively, "overseas production enterprises of imported food").

For the purposes of the preceding paragraph, overseas production enterprises of imported food shall exclude the production, processing, and storage enterprises of food additives and food-related products.

Article 3 The General Administration of Customs ("GACC") shall uniformly take charge of the administration of registration of overseas production enterprises of imported food.

Article 4 An overseas production enterprise of imported food shall be registered with the GACC.

Article 5 The GACC shall, based on the principle of risk management, according to the assessment and examination of the food safety management system and food safety status of the countries or regions where the overseas production enterprises of imported food are located, and in combination with the risk levels of the relevant food, implement classified administration of overseas production enterprises of imported food, and determine the corresponding registration methods, application materials, evaluation procedures, and other registration administration requirements.

If a risk assessment or evidence shows any change in the safety risks associated with imported food, the GACC may adjust the corresponding registration administration requirements.

Chapter II Registration Conditions and Procedures

Article 6 The GACC shall determine and publish a catalogue of imported food subject to official recommendation for registration (“Catalogue”) based on the analysis of the sources of raw materials of food, production and processing technology, historical data on food safety, consumer groups, consumption method, and other factors, in light of international practices.

Article 7 Conditions for the registration of an overseas production enterprise of imported food are as follows:

(1) It is formed with the approval of the appropriate authority of the country or region and is under the effective supervision by the authority.

(2) It establishes an effective food safety and hygiene management and protection system, engages in lawful production and export in the country or region, and warrants that the food exported to China complies with the relevant laws, regulations, and national food safety standards of China.

(3) It complies with the relevant inspection and quarantine requirements agreed upon by the GACC and the appropriate authority of the country or region.

An overseas production enterprise of food listed in the Catalogue shall also obtain a recommendation from the appropriate authority of the country or region where it is located.

Article 8 For an overseas production enterprise of food listed in the Catalogue, the appropriate authority of the country or region where it is located shall review and inspect the enterprise and issue a review and inspection report and a recommendation letter if it meets the registration requirements.

Article 9 An overseas production enterprise of imported food shall submit the following application materials to the GACC on its own or through an agent:

(1) Enterprise registration application information.

(2) The identification documents of the enterprise such as business license or certificate issued by the appropriate authority of the country or region where it is located.

(3) A statement that the enterprise undertakes to comply with the requirements of these Provisions.

An overseas production enterprise of food listed in the Catalogue shall also submit the review and inspection report and recommendation letter issued by the appropriate authority of the country or region where it is located.

When necessary, the GACC may require the enterprise to provide materials related to its food safety, hygiene and protection system, production type, and production capacity, among others.

Article 10 The content of enterprise registration application information shall include the name of the enterprise, the country or region where it is located, the address of its production site, its legal representative, the point of contact, the contact information, the registration number approved by an appropriate authority of the country or region, and the kind of food involved in the registration application.

Article 11 Registration application materials shall be in Chinese or English.

The appropriate authority of the country or region and the overseas production enterprise of imported food shall be responsible for the authenticity, completeness, and legality of the relevant materials.

Article 12 The GACC shall, based on the safety risk levels of imported food, on its own or through a relevant commissioned institution, assess and examine an overseas production enterprise of imported food applying for registration, in written inspection, video inspection, on-site inspection, or any other form, or a combination thereof.

The overseas production enterprise of imported food and the appropriate authority of the country or region where it is located shall assist in the above assessment and examination work.

Article 13 The GACC shall, based on assessment and examination, grant registration, assign a Chinese registration number, and notify the overseas production enterprise of imported food in writing, if the overseas production enterprise of imported food complies with requirements; or deny registration and notify the overseas production enterprise of imported food in writing, if the overseas production enterprise of imported food fails to comply with requirements.

Article 14 A registered enterprise, in exporting food to China, shall mark the packaging of food with its Chinese registration number or the registration number approved by an appropriate authority of the country or region where it is located.

Article 15 The valid period of registration for an overseas production enterprise of imported food shall be five years.

The GACC shall, in granting the registration of an overseas production enterprise of imported food, determine the start and end dates of the validity period of registration.

Article 16 The GACC shall uniformly publish a list of registered overseas production enterprises of imported food.

Article 17 Where the food safety management system of the country or region where an overseas production enterprise of imported food is located is recognized by the GACC, and falls under any of the following circumstances, the GACC may agree in writing with the appropriate authority of that country or region to adopt a list-based registration method for its enterprises:

(1) It has signed a cooperation agreement on import and export food safety with the GACC.

(2) It has signed with China an agreement, memorandum, joint statement, or any other cooperation document, which includes content on food safety cooperation.

(3) The GACC, after risk assessment, otherwise considers that the list-based registration method may be adopted.

Article 18 Where the list-based registration method is adopted, the appropriate authority of a country or region shall submit the following materials to the GACC:

(1) A list of food production enterprises recommended for registration in China.

(2) The application information listed in Article 10 of these Provisions.

(3) A declaration that the recommended enterprises comply with paragraph 1 of Article 7 of these Provisions.

(4) A declaration committing itself to continuously fulfilling the responsibilities agreed upon in the bilateral cooperation document.

The GACC shall, based on examination, grant registration and assign a Chinese registration number to an enterprise on the list if it complies with the requirements, or deny registration to the enterprise and notify the appropriate authority of the country or region where the enterprise is located in writing if the enterprise on the list fails to comply with the requirements.

Chapter III Supervision and Administration

Article 19 The GACC shall, based on the safety risk levels of imported food, re-examine, on its own or through a relevant commissioned institution, whether an overseas production enterprise of imported food continues to comply with the registration requirements.

The overseas production enterprise of imported food and the appropriate authority of the country or region where it is located shall assist in the above reexamination work.

Article 20 Where an overseas production enterprise of imported food undergoes any change in its registration information during the validity period of registration, it shall submit a modification application to the GACC through the registration application channel, together with the following materials:

(1) A comparison table of information on the modification of registration items.

(2) Supporting materials related to the modification.

If the GACC assesses that the modification may be made, it shall approve the modification. If there are circumstances that significantly impact the enterprise's food safety and hygiene management and protection system, such as relocation of the production site, change of legal representative, or change of the registration number granted by the country or region where it is located, the GACC shall deny the modification and notify the enterprise of reapplying for registration, and the Chinese registration number shall become invalid on the date of notification.

Article 21 Enterprise registration shall be automatically renewed upon expiry for a period of five years, except under any of the following circumstances:

(1) The imported food is included in the catalogue of food for which the registration will not be automatically renewed.

(2) The enterprise is in a corrective action period for failing to meet registration requirements.

(3) The GACC has, in accordance with the law, suspended the import of relevant food from the country or region where the overseas production enterprise of imported food is located.

The catalogue of imported food for which the registration will not be automatically renewed, as specified in sub-paragraph (1) of the preceding paragraph, shall be separately published by the GACC.

Article 22 Where an overseas production enterprise of food included in the catalogue of food for which the registration will not be automatically renewed needs to renew its registration, it shall file an application for registration renewal with the GACC through the registration application channel, within three to six months before the expiration of the validity period of registration. Application materials for registration renewal shall include the following:

(1) Application information for registration renewal.

(2) A statement of undertaking to continue to comply with the registration requirements.

(3) In the case of an overseas production enterprise of food in the catalogue, a declaration issued by the appropriate authority of the country or region where it is located stating its continued compliance with the registration requirements.

The GACC shall renew the registration, with the validity period of registration extended for another five years, if the enterprise complies with the registration requirements.

Article 23 Where a registered overseas production enterprise of imported food falls under any of the following circumstances, the GACC shall cancel its registration, notify the enterprise, inform the appropriate authority of the country or region where it is located, and publish the cancellation:

(1) Failing to apply for registration renewal as required.

(2) The appropriate authority of the country or region, or the overseas production enterprise of imported food, voluntarily applies for cancellation.

(3) Ceasing to comply with the requirements of paragraph 1(1) of Article 7 of these Provisions.

Article 24 The appropriate authority of the country or region where an overseas production enterprise of imported food is located shall perform its food safety supervision responsibilities, effectively supervise the registered enterprise, and urge the registered enterprise to continue to comply with the registration requirements; and shall immediately take risk prevention, control and mitigation measures, suspend the relevant enterprise from exporting food to China, inform the GACC, and supervise the enterprise's corrective action until it meets the registration requirements if non-compliance with the registration requirements is discovered.

When an overseas production enterprise of imported food discovers its non-compliance with the registration requirements, it shall voluntarily suspend the export of food to China, and immediately take corrective measures until it meets the registration requirements.

Article 25 Where the GACC discovers that a registered overseas production enterprise of imported food ceases to comply with the registration requirements, it shall order the enterprise to take corrective action within a prescribed period, notify the appropriate authority of the country or region where it is located to supervise the corrective action, and suspend the import of the food of the relevant enterprise during the period of corrective action.

After the enterprise completes the corrective action, it shall submit a supervised corrective action report issued by the appropriate authority of the country or region where it is located and a written declaration of compliance with the registration requirements.

The GACC shall examine the corrective action taken by the enterprise, and resume the import of food of the relevant enterprise, if the requirements are met.

Article 26 Where the GACC suspends or resumes the import of food from registered overseas production enterprises of imported food in accordance with Article 24 or 25 of these Provisions, the list of the relevant enterprises shall be published by the GACC.

Article 27 Where a registered overseas production enterprise of imported food falls under any of the following circumstances, the GACC shall revoke its registration and make an announcement:

(1) A major food safety incident involving imported food occurs because of the enterprise.

(2) A food safety problem is discovered in the food exported to China during import inspection and quarantine, and the circumstances are serious.

(3) The enterprise has a material problem in food safety and hygiene management, and is unable to warrant that the food exported to China complies with the safety and hygiene requirements.

(4) The enterprise fails to meet the registration requirements after taking corrective action.

(5) Providing false materials, or concealing relevant information.

(6) Refusing to cooperate with the GACC in re-examination and incident investigation.

(7) Leasing, lending, transferring, trading in, or fraudulently using a registration number.

(8) Granting registration to an enterprise that is ineligible for application or does not meet the conditions for registration.

(9) Other circumstances under which registration may be revoked in accordance with the law.

Chapter IV Supplemental Provisions

Article 28 Where the GACC has, in accordance with the law, suspended the import of relevant food from the country or region where the overseas production enterprise of imported food is located, it shall reject registration applications from production enterprises of the relevant food from that country or region during the suspension period.

Article 29 Where the relevant country or region and China have otherwise agreed on the registration administration of overseas production enterprises of imported food, such an agreement shall prevail.

Article 30 The scope of overseas storage enterprises of imported food subject to registration administration in accordance with these Provisions shall be separately issued by the GACC.

The registration administration of overseas production enterprises of primary edible agricultural products shall be separately provided by the GACC.

The requirements for the administration of overseas production enterprises of food imported through cross-border e-commerce retail shall be governed by relevant provisions.

Article 31 For the purposes of these Provisions, "appropriate authority of a country or region" means a government agency responsible for the safety and hygiene supervision of food production enterprises in the country or region where an overseas production enterprise of imported food is located.

Article 32 These Provisions shall be subject to interpretation by the GACC.

Article 33 These Provisions take effect on June 1, 2026, upon which the Provisions of the People's Republic of China on the Administration of Registration of Overseas Production Enterprises of Imported Food, issued by Order No. 248 of the GACC on April 12, 2021, are repealed.