General Administration of Quality Supervision, Inspection and Quarantine, Provisions for the Inspection of Labelling of Import and Export Pre-packaged Food and the Regulation Thereof

国家质量监督检验检疫总局进出口预包装食品标签检验监督管理规定

March 29, 2012 | BY

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Original labelling samples and labelling samples in Chinese required for import pre-packaged food inspection.

Clp Reference: 5800/12.02.27 Promulgated: 2012-02-27 Effective: 2012-06-01

Promulgated: February 27 2012
Effective: June 1 2012


Applicability:
The Provisions apply to the inspection of the labelling of import and export pre-packaged food (including instructions for use) and the regulation thereof (Article 2).


Main contents:
The labelling of import pre-packaged food shall comply with the requirements of the relevant laws and regulations of China and state food safety standards. The labelling of export pre-packaged food shall comply with the requirements of the relevant laws and regulations, and standards of the importing country (region), or the contractual requirements. Where there are no requirements in the importing country, the labelling shall fulfil those of the relevant laws and regulations of China and state food safety standards (Article 3).


When pre-packaged food imported for the first time is submitted for inspection, the entity that submits the item for inspection shall, in addition to providing the inspection information in accordance with the provisions on inspection, provide the relevant information for inspection of labelling as follows and affix its official stamp thereto:


(i) the original labelling sample and the translation thereof;


(ii) the labelling sample of the pre-packaged food in Chinese;


(iii) a photocopy of the business licence of the importer, distributor or agent as listed on the labelling;


(iv) where the labelling of the import pre-packaged food emphasises certain particulars such as an award, certification, statutory production area, geographical marks and other particulars, or emphasises the inclusion of special ingredients, the corresponding supporting materials for such claims shall be provided; where it indicates the nutritional ingredients, the materials in support of compliance shall be provided; and


(iv) other certificates or supporting documents that should be attached.


When submitting export pre-packaged food for inspection, the labelling sample and the translation thereof, and a statement declaring the fulfilment of the requirements specified in the second paragraph of Article 3 of the Provisions shall be provided (Article 6). The inspection and quarantine authority shall conduct inspection of the labelling format and layout, and compliance testing of the content indicated on the labelling (Article 7).


Where the pre-packaged food imported for the first time that has passed the labelling inspection is imported again, only the proof of record filing of labelling and the labelling samples in both Chinese and the foreign language shall be provided, and there is no need to provide the supporting documents (Items 3-5) specified in Article 6 (Article 12).


Import and export food for non-trade purposes such as samples, gifts, complimentary gifts or exhibits; food imported for duty free business (other than duty free food for outlying islands) and for self use by embassies and consulates; food exported for self use by embassy and consulate personnel, and personnel of Chinese enterprises stationed abroad may apply for exemption from inspection of labelling of import and export pre-packaged food (Article 17). The administration of the labelling of import pre-packaged food that is brought into the country by tourists or that enter the country via mail or couriers shall be handled in accordance with relevant provisions (Article 18). The labelling of transgenic food shall comply with relevant state laws and regulations (Article 19).


Related legislation:
PRC Food Safety Law, Feb 28 2009, CLP 2009 No.3 p.33; Implementing Regulations for the PRC Food Safety Law, Jul 20 2009, CLP 2009 No.7 p.45; PRC Law on Import and Export Commodity Inspection (Revised), Apr 28 2002, CLP 2002 No.5 p.12; Implementing Regulations for the PRC Law on Import and Export Commodity Inspection, Aug 31 2005; Special Provisions for Strengthening the Safety Regulation of Food and Other Products, Jul 26 2007; and Measures on the Administration of the Safety of Import and Export Food, Sept 13 2011

clp reference:5800/12.02.27promulgated:2012-02-27effective:2012-06-01

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