Interpretation of Administrative Measures on Application for Overseas Registration of Export Food Production Enterprises

On October 29, 2021, the General Administration of Customs issued notice No. 87, which was made public《Administrative Measures on Application for Overseas Registration of Export Food Production Enterprises》。

Policy interpretation

I. What is the export of food production enterprises overseas registration?

        Overseas registration of food export enterprises refers to that, according to the requirements of bilateral and multilateral agreements or the laws and regulations of foreign countries (regions), foreign countries (regions) carry out registration administration on food export enterprises exported from China to such countries (regions) and ask the General Administration of Customs to recommend them uniformly. An enterprise producing food for export and its products shall first obtain the registration and approval of the competent authorities of the said country (region) before its products can be exported.

II. Which countries (regions) have registration requirements for imported food?

        At present, some major trading countries (regions) have registration requirements for Chinese manufacturers that export meat, aquatic products and other animal-derived foods to them. For details, you can log in the information Service column of the Enterprise Management and Inspection Department of the General Administration of Customs portal website（The url http://qgjcs.customs.gov.cn/qgs/xxfw94/hgwjwzcdspscqymd66/950c6b87-3.html）

III. What kind of enterprise can apply for overseas registration?

        An enterprise producing export food shall meet the following requirements when applying for overseas registration:

        (I) The export food production enterprises have completed the filing procedures;

        (II) Establish and improve the traceable food safety and hygiene control system to ensure the effective operation of the food safety and hygiene control system, and ensure that the production, processing and storage process of export food continues to meet the relevant Chinese laws and regulations and the safety and hygiene requirements of export food production enterprises;

        (III) If the relevant laws and regulations of the importing country (region) and relevant international treaties and agreements have special requirements, they shall also comply with the relevant requirements;

        (IV) Fulfill the main responsibility of the enterprise in good faith, self-discipline, standardized operation, and the credit status of the customs faithless enterprises;

        (V) Within one year, the enterprise has not been notified by the competent authorities of the importing country (region) for its own safety and health problems.

IV. How does the enterprise apply for overseas registration?

        When applying for overseas registration, an export food production enterprise shall submit an application to the local customs through “Single window” or “Internet + Customs” by logging in to “China Export Food Production Enterprise Record Management System”, provide the following application materials and be responsible for their authenticity:

        (I) Enterprise application;

        (II) The self-declaration and self-assessment report that the enterprise promises to continuously meet the registration requirements of the importing country (region);

        (III) Production conditions (including but not limited to factory layout diagram, workshop plan, flow/logistics diagram, water flow/air flow diagram, key process picture, etc.), production process and other basic information;

        (IV) Traceability of food safety and health control system documents established by the enterprise;

        (V) Attached information required by importing country (region).

V. Is there any case that enterprises applying for overseas registration need to accept the official inspection of the other country before registration?

        Under multilateral agreement or some of the import country (region) laws and regulations requirements, some enterprises must go through the import country (region), the competent authority after the on-site inspection, to get registered qualification (such as thermal processing meat products to Japan registered enterprises), enterprises should cooperate in accordance with the requirements of the importing country (region) for the relevant inspection work.

VI. The company is an enterprise that has been registered abroad, but how should the company information change?

        Where the registration information of an enterprise that has obtained overseas registration is changed, it shall promptly apply to the customs of the place of residence for the alteration of the registration information, and the General Administration of Customs shall notify the importing country (region). The change of enterprise registration information shall be subject to the announcement of the importing country (region).

VII. The company has submitted overseas registration application, how can we know whether to be approved to register by overseas countries (regions)?

        The customs shall organize the evaluation of the enterprises according to their applications, and recommend the qualified enterprises to the competent authorities of the importing countries (regions) in light of their credit, supervision and administration, export food safety, etc.

        You can check the progress of the application through the “China Export Food Production Enterprise Record Management System”, and the enterprise registration information is subject to the import country (region) published.

VIII. The company is an export food production enterprise that has obtained overseas registration qualification. It has built a new production workshop in the factory area. How should it be handled?

        Enterprises that have obtained overseas registration shall timely report to the customs of the place of residence if there is any major change in the newly built or modified (expanded) production workshop or food safety and health control system in the factory.

        In accordance with the registration requirements of the importing country (region), the enterprise shall submit the modification (expansion) plan to the local customs in advance for the approval of the importing country (region). After completing the transformation, the enterprise shall submit a report to the customs of the place of residence, and the Customs General Administration shall notify the competent authorities of the importing country (region).

IX. Company production site has moved, how should deal with?

        If an enterprise that has obtained overseas registration changes its production site, it shall apply to the local customs for overseas registration again.

X. Under what circumstances will the General Administration of Customs withdraw the registration recommendation to the importing country (region) authorities?

        Under any of the following circumstances, the General Administration of Customs shall withdraw the recommendation of registration to the competent authorities of the importing country (region) :

        (I) The enterprise applies for cancellation of registration on its own initiative;

        (II) The enterprise terminates according to law;

        (III) Where the record keeping of an enterprise producing export food has been cancelled;

        (IV) The enterprise refuses to accept the official inspection of the importing country (region) or fails to make rectification and provide relevant materials as required by the competent authorities of the importing country (region);

        (V) The enterprise cannot continuously meet the requirements for overseas registration;

        (VI) The food exported by an enterprise to a foreign country (region) is found to have food safety problems during inspection and quarantine, and the circumstances are serious;

        (VII) Other circumstances that should be withdrawn from registration and recommendation with the competent authorities of the importing country (region) according to law and regulations.

        An enterprise whose recommendation for overseas registration is withdrawn by the General Administration of Customs due to the circumstances specified in (IV) and (V) shall not make a new application within two years.

XI. What are the requirements for export food production enterprises that have been registered overseas?

        Enterprises that have obtained overseas registration shall conduct annual self-assessment on whether they can continue to meet the registration requirements of the importing country (region) and report to the local customs. In addition, it shall accept the supervision and inspection carried out by the competent authorities of the importing country (region) and the customs, and truthfully provide relevant information and materials.

XII. Other things to watch out for!

        The export food production enterprises mentioned in these Measures do not include enterprises engaged in the production, processing and storage of export food additives and food-related products.

Article source：The customs release