Regulations on Inspection And Quarantine of Entry And Exit Aquatic Products |
(Adopted at the executive meeting of the State General Administration of Quality Supervision, Inspection and Quarantine on October 18, 2002, are hereby promulgated and shall enter into force on December 10, 2002.) Chapter 1 General Rules Chapter 2 Registration of Inspection and Quarantine Report Agencies Chapter 3 Entry Inspection and Quarantine Chapter 4 Early Warning of Risks Chapter 5 Supplementary Provisions Article 1 In order to strengthen the inspection and quarantine of entry and exit aquatic products and the supervision and administration thereof, to guarantee the quality safety and sanitation of entry and exit aquatic products and to protect the safety of fishery production and human health, these Regulations are formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection and the implementation regulations thereof, the Law of the People's Republic of China on Import and Export Animal and Plant Quarantine and the implementation regulations thereof, the Law of the People's Republic of China on Frontier Sanitation Quarantine and the implementation regulations thereof, the Law of the People's Republic of China on Food Sanitation, etc. and other relevant laws and regulations. Article 2 These Regulations shall apply to the inspection and quarantine of entry and exit aquatic products and the supervision and administration thereof. Article 3 Aquatic products as used in these Regulations shall refer to the aquatic animals and the products thereof (not including live aquatic animals and the propagation materials thereof, hereinafter the same) for human consumption, including the aquatic animals like cephalo chordata, vertebrate, crustacean, chordate, molluse and aquatic plants like alga, etc. and the products thereof. Article 4 The State General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as SAQSIQ) shall administer the entry and exit inspection and quarantine and the supervision and administration thereof of the whole country in a unified way. The entry and exit inspection and quarantine bodies set up by the SAQSIQ at the localities (hereinafter referred to as the inspection and quarantine bodies) shall be in charge of the inspection and quarantine of entry and exit aquatic products and the supervision and administration thereof within the areas under their respective jurisdictions. Chapter 2 Registration of Inspection and Quarantine Report Agencies Article 5 Inspection and quarantine bodies shall carry out inspection and quarantine over entry aquatic products pursuant to the state laws and administrative regulations, the provisions of the SAQSIQ, and the inspection and quarantine requirements provided for in the bilateral inspection and quarantine agreements, protocols and memos signed by China with the exporting countries or regions, and shall take sanitary treatment against harmful substances when necessary. Article 6 Quarantine of entry aquatic products shall be subject to the examination and approval of the SAQSIQ. The consignor of the entry aquatic products or its agent shall, before singing the trade contract, go through the examination and approval formalities and obtain the License for Quarantine of Entry Animals and Plants. Aquatic products for which the License for Quarantine of Entry Animals and Plants hasn''t been obtained may not be imported. Article 7 With respect to the aquatic products listed in the Catalog of Import Food Subject to Enterprise Registration, the departments of certification and recognition of the state shall register the foreign manufacturing and processing enterprises. With respect to the aquatic products listed in the Catalog of Import Food Subject to Enterprise Registration, if the foreign manufacturing and processing enterprises thereof haven''t been registered, such products may not be imported. Article 8 The SAQSIQ may, according to the needs, send personnel to the exporting countries or regions to make advance inspection of entry aquatic products. Article 9 Entry aquatic products must enter China through the ports accredited by the SAQSIQ. An entry port for aquatic products shall meet the following conditions:
Article 10 Before or when the aquatic products enter China, the consignor or its agent shall apply for inspection with the inspection and quarantine body of the entry port by taking the license for quarantine of entry animals and plants, the original of the inspection and quarantine certificate issued by the authority of the exporting country or region, the certificate of origin, trade contract, letter of credit, bill of lading, invoice and other relevant documents. With respect to the aquatic products listed in the Catalog of Import Food Subject to Enterprise Registration, the registration numbers shall also be provided in the application for inspection. The official inspection and quarantine certificate of the exporting country or region attached with the aquatic products shall meet the Basic Requirements for Official Inspection and Quarantine Certificates of Exporting Countries or Regions of Entry Aquatic Products (see attachment 2). Article 11 The inspection and quarantine body shall make preliminary examination of the relevant documents submitted by the consignor or its agent. If the requirements are met, the application for inspection shall be formally accepted, and the quantity examined and approved in the License for Quarantine of Entry Animals and Plants shall be verified and written off. In any of the following cases, the application shall be returned or destroyed:
Article 12 Vehicles from epidemic areas that carry entry aquatic products shall go through disinfection treatment under the supervision of the inspection and quarantine body of the entry port; no unit or individual may, without the permission of the inspection and quarantine body, unload the entry aquatic products from the vehicles. Article 13 The inspection and quarantine body shall make on-spot inspection and quarantine over the entry aquatic products pursuant to the following requirements, and collect or select samples for laboratory testing use pursuant to the provisions:
Article 14 If any is found to have occurred to any of the entry aquatic products after on-spot inspection and quarantine, they shall be returned or destroyed:
Article 15 The entry aquatic products that pass the on-spot inspection and quarantine shall be transported to the aquatic product storerooms, which have been put on record with the inspection and quarantine body directly under the SAQSIQ, for storage and later laboratory testing, and may not be transferred or processed without permission. Article 16 With respect to the entry aquatic products that are listed in the annual plan of leftover monitoring and control promulgated by the state, the inspection and quarantine body must, apart from finishing the necessary laboratory testing pursuant to the provisions, make laboratory testing pursuant to the requirements of the annual plan. Article 17 The inspection and quarantine body shall make sensory, physical and chemical, and microorganism laboratory testing over the samples pursuant to the provisions, and shall determine the specific testing items according to the degree of risk of the entry aquatic products. Article 18 The inspection and quarantine body of the entry port shall, according to the result of laboratory, handle the goods in the following ways pursuant to the provisions on visa administration:
If the consignor needs to claim compensation against others, it may apply for issuance of the relevant certificates with the inspection and quarantine body of the entry port. Chapter 3 The Act of Inspection and Quarantine Report by Proxy Article 19 Inspection and quarantine bodies shall carry out inspection and quarantine over exit aquatic products pursuant to the laws and administrative regulations of China, the provisions of the SAQSIQ, and the inspection and quarantine requirements provided for by the bilateral inspection and quarantine agreements, protocols, memos signed by China with the exporting countries or regions, and by the authorities of the exporting countries and regions. Article 20 The SAQSIQ shall monitor and control the leftovers with respect to exit aquatic products. For all the exit aquatic listed in the annual plan of leftover monitoring and control promulgated by the state, the inspection and quarantine body must, apart from finishing the necessary laboratory testing pursuant to the provisions, make the laboratory testing pursuant the requirements of the annual plan. Article 21 The departments of authentication and recognition shall apply the system of sanitation registration with respect to the enterprises that produce, process and store exit aquatic products. The production enterprises of aquatic products without sanitation registration may not produce, process or store exit aquatic products. Article 22 If the authorities of the exporting countries or regions require registration for the production enterprises of aquatic products of China, the departments of authentication and recognition shall recommend the applications for foreign registration to the foreign countries in a unified way, and shall promulgate the list of the enterprises that have obtained foreign registration. Article 23 Before the aquatic products exit China, the consignor or its agent shall apply for inspection with the inspection and quarantine body of the producing area pursuant to the provisions on application for inspection for entry and exit inspection and quarantine. Article 24 If the goods pass the inspection and quarantine, the inspection and quarantine body shall issue relevant certificates and documents pursuant to the provisions on visa administration; if the importing countries or regions have definite requirements for the inspection and quarantine certificates, the relevant certificates shall be produced pursuant to such requirements. If the goods fail the inspection and quarantine, the inspection and quarantine body shall issue the notice on failure, and handle the goods in the following ways respectively:
Article 25 The inspection and quarantine body shall, pursuant to the relevant provisions of the SAQSIQ, affix inspection and quarantine marks or seals on the exit aquatic products inspected and quarantined. Article 26 With respect to the exit aquatic products inspected and quarantined at the producing area, if the inspection and quarantine body of the exit port finds through the port examination that the goods fail to match the documents or the contents of the documents fail to meet the requirements, the goods shall not be released. Article 27 The inspection and quarantine body shall, pursuant to the Regulations on the Sanitation Registration of Production Enterprises of Export Food, the Sanitation Criteria for Registration of Processing Enterprises of Export Aquatic Products and the relevant foreign provisions, establish the daily supervision and administration system with respect to the enterprises that produce, process or store export aquatic products, to supervise and administer the breeding, production, processing and storage, etc. of export aquatic products. The production, processing, and storage enterprises that violate the requirements of supervision and administration shall be dealt with by the inspection and quarantine body pursuant to the relevant provisions. Article 28 The inspection and quarantine body may supervise the package of exit aquatic products pursuant to the relevant laws and regulations and the provisions of the SAQSIQ. Article 29 The valid terms of inspection and quarantine of exit aquatic products are:
If the exit aquatic products exceed the valid term of inspection and quarantine, a new application for inspection must be filed. Chapter 4 Supervision and Administration Article 30 The SAQSIQ shall apply the system of early warning of risks with respect to the entry and exit aquatic products pursuant to the relevant provisions. Article 31 The entry and exit aquatic products for which the early risk warning measures or fast reaction measures have been taken shall, apart from following the relevant provisions of these Regulations, meet the relevant provisions of early warning of risks. Chapter 5 Supplementary Provisions Article 32 Those violating these Regulations shall be punished pursuant to the relevant laws and regulations. Article 33 The power to interpret these Regulations shall remain with the SAQSIQ. Article 34 These Regulations shall come into force on December 10, 2002. The Regulations on Inspection of Export Aquatic Products (No.82 [1996] of the SAQSIQ) promulgated by the original state administration of import and export commodity inspection on April 12, 1996 shall be abrogated at the same time. Attachment: Inspection and Quarantine Requirements for Entry Aquatic Product Storerooms I. Basic conditions for storehouses
II. Administration of Storehouse Entry
III. Administration of Storehouse Exit
IV. Supervision and Administration
Attachment 2: Basic Requirements for Official Inspection and Quarantine Certificates of Exporting Countries or Regions of Entry Aquatic Products I. The following information shall be stated in the certificate: product name (including the formal name), producing area, fishing area, processing method, names of the production and processing enterprises and the registration numbers thereof, and certificate-issuing department; transport means (ship means, flight number, container number, etc.), seal number, consignor, consignee, quantity/weight, and date of production. II. The inspection and quarantine certificate may not be altered, must bear the official stamp and signature of the official inspection and quarantine personnel, and P. R. China must be indicated as the destination. III. There must be an original of the inspection and quarantine certificate for each batch of aquatic products. And the languages used in the certificate must be both in Chinese and English. IV. The certificate shall include the following matters: This is to certify that:
Date of Issue Stamp Official Veterinary Signature Attachment 3: Basic Requirements for the Package of Entry Aquatic Products Apart from having intact and durable external package and totally new, non-poisonous and non-hazardous internal and external package, entry aquatic products shall also have on their internal and external package fixed, clear and distinguishable Chinese and English marks, which shall indicate the following matters: I. Commodity name and formal name, specs, date of production, batch number and preservation conditions of the aquatic products; II. Production method, including sea fishing, freshwater fishing and breeding; III. Producing area, including fishing sea areas of the sea fisher, and country or region where the freshwater fisher comes from, and the country or region where the last breeding phase of the bred products is located; IV. Names and registration numbers of the production and processing plants; and P. R. China must be indicated as the destination. 注意事项: 在本英文翻译版本同汉语原版本出现任何不符时,以汉语版本为准。 Important Notice: In case of this English version has any discrepancy with the original version in Chinese, the Chinese version shall prevail. |