The Supervision on Cross-border E-commerce of Bonded Imported Food will be Vigorously Strengthened

14 October 2015, the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (AQSIQ) has published a notice for public comments onthe Supervision and Management on Cross-Border Electronic Commerceof Imported Food t hroughBonded Online Shopping (exposure draft). Comments and adviceswill be collected before 30 ^th October 2015.

Application scope

This regulation is applicable for the food which is imported through cross-border electronic commerce with the online shopping bonded type (hereinafter referred as Online shopping bonded imported food ). Foodwhich is sold to Chinese customersdirectly by international expressfrom overseas is not involved in this regulation.

What is the online shopping bonded imported food?

The whole batch of cargoes are imported into China and stored in a special supervision area.The products are then retailed to customer online and delivered to customers individually.

Who should be responsible for the supervision and inspection of online shopping bonded imported food?

AQSIQ and local CIQs under AQSIQ are responsible for the supervision and inspection of online shopping bonded imported food.

Who should be responsible for the online shopping bonded imported food?

Trade platform, business enterprises and logistics warehousing enterprises should guarantee that the imported food comply with the Chinese laws, regulations and food safety national standards.

Requirements for the online shopping bonded imported food

1. If the imported products are included in the positive list of the overseas manufacturer registration of imported food, then their overseas manufacturers should also pass the registration under CNCA.

2. Dietary supplement, genetically modified food, food without relevant food safety national standards, new food raw material and food made from new food raw material should pass the registration, record and safety assessment.

3. Imported food which is required to conduct the animal and plant quarantine should provide the animal and plant quarantine permits before imported into China.

Requirements for the trade platform

1. Trade platform should be recorded under local CIQs through the registration system for importers and exporters of imported food

2. Trade platform should record the business enterprises with real name and review their production certificates or business certificates if required.

3. If the trade platform also engaging in online shopping bonded imported food business, it shall get the business certificate or record certificate.

4. If the trade platform is registered in overseas, it shall authorize a qualified company in China as an agent.

5. Trade platform should establish the business enterprises profiles to review and record the basic information of business enterprises, food category, brand and their manufacturers and etc.

Requirements for the logistics warehousing enterprises

1. Logistics warehousing enterprises should be recorded under local CIQs through the registration system for importers and exporters of imported food by themselves or by the platform.

2. Logistics warehousing enterprises should establish and execute the food logistics warehousing safety management system and the food flow and traceability system.

Requirements for the business enterprises

1. Business enterprises should get theproduction certificates, business certificate or record certificate if required.

2. Business enterprises should be recorded under local CIQs through the registration system for importers and exporters of imported food by themselves or by the platform.

3. The online shopping bonded imported food should be imported from qualified overseas manufacturers and the product information should be recorded under local CIQs through the registration system for importers and exporters of imported food by business enterprises.

4. Business enterprises should publicly promise the food is safe on the prominent place of their own website homepage or of the third-party trade platform’s homepage.

5. Business enterprises should test the quality and safety of imported food in qualified lab and the qualification evidentiary materials (testing reports) should be provided to CIQ during inspection declaration. If the products are imported for the first time, all safety and sanitation items stipulated by corresponding food safety national standards should be tested, and if it is not imported for the first time, safety and sanitation items under high risk or medium risk which are assessed by CIQ should be tested.

6. Business enterprises should establish the imported food sell record and entire information traceability system.

Requirements for the Chinese label

1. The Chinese label of online shopping bonded imported infant formula milk powder shouldbe directly printed on the minimum marketing package before importing. It cannot be labelled within China.

2. If there are special requirements for the usage or storage, or if the food contains allergen, a paper label and a specification in Chinese should be attached.

3. If the imported food is not included in point 1 and 2 mentioned above, a paper label and a specification in Chinese could be attached with imported food just like point 2 or you could provide the electronic information of the Chinese label and Chinese specification to customers through the trade platform.It is decided by the customerswhen initiating the order. Besides, the electronic information should include all mandatory contents stipulated by Chinese laws, regulations and food safety national standards and the name and contact information of platform and business enterprises.

4. The mentioned product basic information should be long published on the trade platform for inquiryby customers at any time.

Documents needed to be provided to local CIQ during inspection declaration

Business enterprises or their agent inspection declaration enterprises should provide below materials to local CIQ:

1. List of product names and their corresponding HS codes, specifications and types.

2. The exporting country (region) official quarantine (health) certificate required by laws and regulations, bilateral agreement, protocol and other stipulations.

3. Product qualification evidentiary materials.

4. Record number of business enterprises.

5. Registration certificate, record certificate or safety assessment certificate of imported product as required.

Responsibility of AQSIQ/local CIQs

1. Entry inspection and quarantine should be conducted by local CIQs for imported food.

2. AQSIQ and local CIQs should implement the special supervision and random inspection for online shopping bonded imported food each year.And inspection results should be published periodically.

3. CIQ should examine the record information of business enterprises and trade platform, product import and sell record, product information traceability, product recall and etc.

4. Facilitative measures will be applied to online shopping bonded imported food during custom clearance to save time, such as centralized declaration, centralized inspection and quarantine, partial clearance and etc.

5. Credit management will be applied to online shopping bonded imported food business subject by AQISQ.

In a word, the supervision and inspection for online shopping bonded imported food will be very strict in the near future. Most of the requirements are just like the traditional trade imported food, and even stricter in some field. Relevant enterprises or those who are interested in cross-border electronic commerce should pay high attention to this draft. CIRS will keep focusing on the follow-up progress.