General Administration of Quality Supervision, Inspection and Quarantine Order
No. 142

"Export Food Production Enterprises for the record management regulations" has been June 21, 2011 General Administration of Quality Supervision, Inspection and Quarantine Bureau of Finance meeting, is hereby promulgated, October 1, 2011 shall come into force.
Secretary Zhi Shuping
July 26, 2011

Export Food Production Enterprises for the record management regulations

Chapter I General Provisions

In order to strengthen export food production food safety and health management companies, record companies standardize food production and export management, based on "Food Safety Law," "Republic of China Import and Export Commodity Inspection Law" and its implementing regulations and other relevant laws, administrative regulations, the enactment of this provision.
Article 2 The State of export food production enterprise record management system.
Article in the People's Republic of Export Food Production Enterprises for the record management application of this provision.
Article IV Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) unified management of the national export food production record companies work.
Certification and Accreditation Administration (hereinafter referred to as CNCA) organization and implementation of national export food production company record management.
AQSIQ in the entry-exit inspection and quarantine agencies around (hereinafter referred to as inspection and quarantine institutions) within the jurisdiction specific implementation record companies and export food production supervision and inspection.
Article export food manufacturer shall establish and implement hazard analysis and prevention and control measures for food safety and health at the core of the control system and ensure effective systems operation to ensure that exports of food production, processing, storage, process continues to meet our statutory requirements and the relevant import country (region) of the legal requirements and export food production company health and safety requirements.

Chapter record content and procedure

Article export food production company did not fulfill its legal obligations for record review or by the filing does not meet the requirements, and its products are not exported.
Article export food production company for the record, shall submit a written application and the following documents to prove that material, and its record is responsible for the authenticity of materials:
(A) business license, organization code certificate, legal representative or authorized person in charge of the identification;
(B) the corporate commitment to meet the requirements of health food production enterprises export and import country (region) require self-declaration and self-examination report;
(C) the production conditions (factory layout, plant layout), product production and processing, and other key aspects of information processing, food raw materials and food additives, and corporate health quality management personnel and professional and technical personnel qualifications and other basic information;
(D) the establishment and implementation of food safety and hygiene control system of the basic situation;
(E) shall be made in food production licenses and other administrative license, provide license photo;
(F) certification and other qualifications and other relevant internal laboratory conditions.
Inspection and quarantine agencies directly under Article VIII shall apply for export food production company within 5 days from the date of filing, food manufacturers on the export of materials submitted a preliminary review of the record, are complete and meet the statutory form, be accepted; materials are incomplete or do not meet the legal form, it should first inform the export of food manufacturers need to make corrections in its entirety.
To facilitate the export, inspection and quarantine agencies directly under the work requirements can be commissioned its affiliates filed application accepted and implement the assessment.
Inspection and quarantine agencies directly under Article IX of acceptance from the date of filing the application within 10 days to form a review group on the export of food manufacturers to submit the record of compliance materials to conduct file review.
Need to export food production enterprises on-site inspection should be completed within 30 days. For their own reasons can not be completed on time and on-site inspection of the file review, extend the time within the time limit does not count.
Assessment of personnel should be engaged in the commission or by the State inspection and quarantine agencies directly under the qualifying examination.
Article 10 of the following cases, inspection and quarantine agencies directly under the food production for export enterprises should be implemented on-site inspection:
(A) the importing country (region) with special registration requirements;
(B) the need to implement Hazard Analysis and Critical Control Point (HACCP) system validation;
(C) permit not included in the management of food production;
(D) According to the degree of risk and the actual export of food need to implement work-site inspection.
National commission to develop, adjust and publish the need to implement Hazard Analysis and Critical Control Point (HACCP) system verification of export food production enterprise.
The inspection and quarantine agencies directly under the recognition and effective third-party certification and other conformity assessment results can be used.
Article XI review group should complete the assessment of export food production company within 5 days to complete the assessment report and submit it directly under the inspection and quarantine institutions.
Directly under the inspection and quarantine institutions shall receive the assessment report within 10 days from the date of assessment to review the report and make a decision whether to record. Meet the filing requirements, issued a "record companies that export food production" (hereinafter referred to as "the record evidence"); not for the record, it shall notify in writing the export of food production enterprises, and the reasons.
Directly under the inspection and quarantine agencies shall record the export of food manufacturers list the State commission, CNCA published summary report to the AQSIQ.
Article XII of the "record evidence" is valid for 4 years.
Export Food Production Enterprises for the continuation of legally obtained, "the record that" valid, it should be at least "for the record that" before the expiry of three months, to the local inspection and quarantine agencies directly under the continuation of the record application.
Inspection and quarantine agencies directly under the proposed extension shall be filed on the application of export food production company for review, the review meet the filing requirements, and to be renewal, "the record evidence."
Inspection and quarantine agencies directly under Article XIII of the export food production company in accordance with rules to be filed for record number of export food production enterprises in number management.
Article XIV export food production company's business name, legal representative, filing a business license and other items is changed, shall occur within 15 days from the date of change to the inspection and quarantine agencies directly under the seat for the record the change.
Article XV export food production enterprises address relocation, new or rebuilt production plant health and food safety control system has undergone major changes, etc., it should be changed prior to the inspection and quarantine agencies directly under the seat of the report, and re-filing for related matters.

Chapter record management

Article 16 The state commission on the implementation of inspection and quarantine agencies directly under the food production record companies export work to guide, supervise.
Directly under the inspection and quarantine agencies shall export food to the area of ​​supervision and inspection of manufacturers, found that illegal behavior should be promptly investigated, and the results reported to the State commission.
Inspection and quarantine agencies directly under Article XVII shall be in accordance with relevant regulations and the exports of food risk, develop appropriate regulatory filing and annual work program planning to determine the different types of products for the export of food production supervision and inspection of enterprises frequency, and report to CNCA.
Review of documents to be filed only by the export of food manufacturers, inspection and quarantine agencies directly under the food exports of sampling should be combined, according to the need for on-site inspection.
Article 18 The export of food companies should establish food safety and hygiene control system operation and export food production log files, retention period of not less than 2 years.
Export Food Production Enterprises should be the end of January each year to the local inspection and quarantine agencies directly under the last annual report submitted.
Inspection and quarantine agencies directly under Article 19 shall establish a record management of the export food production company files a timely summary information and credit records into the business, review the annual report of Export Food Production Enterprises, issues related to the existence of export food production enterprises should strengthen supervision and inspection.
Directly under the inspection and quarantine institutions shall record the export of food manufacturers work to the seat of government communications.
Diershitiao export food production company occur food safety and hygiene issues, and shall promptly report to the local inspection and quarantine agencies directly under the report and submit relevant materials, analysis and corrective plans. Inspection and quarantine agencies directly under the food production for export enterprises should be the rectification of site supervision and inspection.
Twenty-one export food production company, one of the following conditions, directly under the Inspection and Quarantine should be written off "the record evidence" to be published to the national commission report:
(A) "filing certificate" has expired, did not apply for continuation;
(B) "for the record that" expires, the review does not meet the extended filing requirements;
(C) the export of food production enterprises shall terminate;
(D) 2 years without food exports;
(E) laws and regulations should be written off in other cases.
Article 22 The export of food manufacturers, one of the following conditions, directly under the inspection and quarantine institutions shall order its rectification, rectification suspended during the "record evidence" and to the public:
(A) the existence of export food safety and health management problems, can not ensure their safety and health products;
(B) export of food products for export production safety and health issues by the importing country (region) authorities notified;
(C) is found when the inspection and quarantine of export food safety and hygiene issues;
(D) can not be sustained to ensure effective food safety and hygiene control system operation;
(E) does not change in accordance with the regulations or re-record matters.
Article 23 The export of food manufacturers, one of the following conditions, directly under the inspection and quarantine agencies shall revoke "the record evidence" to be published to the national commission report:
(A) the major export food safety and health incidents;
(B) can not continue to meet the statutory requirements of food and the importing country (region) legal requirements of the standard;
(C) deception, bribery or other improper means to obtain "the record evidence," the;
(D) the inspection and quarantine agencies to conceal the situation, providing false materials or refuse to provide its activities to the real material;
(E) rent, lend, transfer, sell, alter, "the record evidence," the;
(F) refused to accept the supervision and management;
(Vii) export of food production, processing illegal to add non-food substances, illegal use of food additives and the use of the method is not suitable for human consumption, production, processing and food behavior.
Because of the preceding paragraph (c) of the act be revoked, "the record evidence", and export food production enterprises shall not apply again for the record three years; was revoked because of other acts of "record evidence", and export food production enterprises shall not apply again within one year record.
Article 24 violation of Export Food Production Enterprises, "Food Safety Law," "Republic of China Import and Export Commodity Inspection Law" and its implementing regulations and other relevant laws, administrative regulations, shall be punished in accordance with relevant provisions.
Article 25 The state commission and the inspection and quarantine agency staff in the implementation of the record and the supervision and management work, abuse of power, corruption, negligence, shall be given administrative sanctions; constitutes a crime, be held criminally responsible.

Chapter IV Supplementary Provisions

Article 26 The export of food manufacturers need to apply for registration of foreign health should be made in accordance with the provisions of "the record evidence," according to the requirements of China and importing countries, to the local inspection and quarantine agencies directly under the application by the CNCA, External recommended.
Article 27 The term of the export food manufacturers do not include the export of food additives, food-related production, processing and storage enterprises.
Article 28 for Hong Kong and Macao food, border and border trade of food exports, the AQSIQ has provided prevail.
Article 29 The State Administration of Quality Supervision, Inspection and Quarantine is responsible for interpretation.
Article 30 These Regulations shall October 1, 2011 shall come into force. The former State Administration of Quality Supervision, Inspection and Quarantine April 19, 2002 announced "export health food production enterprises registration regulations" shall be repealed simultaneously.