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1. Imported food and food additives shall be inspected and qualified by the entry-exit inspection and quarantine authorities in accordance with the relevant laws and administrative regulations on import and export commodity inspection. Imported food and food additives shall be accompanied by conformity certification materials in accordance with the requirements of the national entry-exit inspection and quarantine department;
2. The national entry-exit inspection and quarantine department shall supervise and manage the safety of import and export food;
3. Overseas exporters and overseas production enterprises shall ensure that the food, food additives and food-related products exported to China comply with the provisions of the Food Safety Law of the People's Republic of China and other relevant laws and administrative regulations of China and the requirements of national food safety standards, and shall be responsible for the content of labels and instructions. The importer shall establish an audit system for overseas exporters and overseas production enterprises, focusing on the content of the regulations; If the audit is unqualified, it shall not be imported. If it is found that the imported food does not meet China's national food safety standards or there is evidence that it may endanger human health, the importer shall immediately stop the import and recall it in accordance with the regulations.
Legal basis] Food Safety Law of the People's Republic of China
Article 93 For the import of food for which there is no national food safety standard, the overseas exporter, overseas manufacturer or the importer entrusted by the overseas exporter shall submit the relevant national (regional) standards or international standards to the health administrative department. If the administrative department of health reviews the relevant standards and finds that they meet the food safety requirements, it shall decide to apply them temporarily, and formulate the corresponding national food safety standards in a timely manner. The import of food produced by using new food raw materials, or the import of new varieties of food additives and new varieties of food-related products shall be handled in accordance with the provisions of Article 37 of this Law.
The entry-exit inspection and quarantine authorities shall, in accordance with the requirements of the health administrative department, inspect the food, food additives and food-related products specified in the preceding paragraph. The results of the test shall be made public.
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According to the provisions of the Commodity Inspection Law, the imported commodities included in the Catalogue of Inspection and Quarantine Commodities and other imported commodities that are subject to inspection by the entry-exit inspection and quarantine authorities shall be subject to compulsory inspection by the entry-exit inspection and quarantine authorities. If it has not been inspected, it is not allowed to be sold or used.
After the arrival of the imported commodities subject to compulsory inspection, the receiving and using departments or the first-class receiving and shipping departments shall immediately register the imported commodities with the entry-exit inspection and quarantine authorities. For the imported commodities listed in the "Catalogue of Inspection and Quarantine Commodities", the customs shall inspect and release them with the seal affixed to the customs declaration form by the entry-exit inspection and quarantine authority. The receiving and using departments shall report to the entry-exit inspection and quarantine authorities for inspection at the place and within the time limit specified by the entry-exit inspection and quarantine authorities as soon as possible.
Imported goods other than those subject to compulsory inspection. If the foreign contract stipulates that the settlement shall be based on the inspection results of the entry-exit inspection and quarantine agency, as well as the imported goods that have been found to have damaged packaging or a shortage of quantity at the time of unloading, they must also be immediately reported to the entry-exit inspection and quarantine agency for inspection. For other imported commodities, the quality, packaging, quantity and weight of the goods shall be inspected and accepted by the receiving and consignee-using units.
If there is difficulty in the acceptance inspection, the competent department shall organize the inspection, or entrust other relevant units to inspect, or apply for inspection by the entry-exit inspection and quarantine agency.
Imported commodities accepted by the receiving and using units themselves, if it is found that the quality and quantity do not conform to the foreign trade contract after inspection, they shall promptly (at least retain 1 3 claim period for the entry-exit inspection and quarantine agency to carry out inspection and certification) to the entry-exit inspection and quarantine agency for inspection and certification, apply for re-inspection and issuance of the certificate, and if the goods are found to be damaged during unpacking and acceptance, the internal and external packaging shall be retained, and the entry-exit inspection and quarantine agency shall be immediately applied for disability inspection. If the imported commodities inspected by the entry-exit inspection and quarantine authorities pass the inspection, an inspection notice shall be issued internally. If the inspection fails to pass the inspection or the goods are damaged, the certificate shall be issued to the foreign trade business unit or foreign trade transportation company and foreign shipping company, and the foreign shipping company shall handle the claim to the relevant responsible party (consignor, carrier or insurer) within the specified time limit.
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In order to improve the quality and safety supervision system of import and export commodities, the "Opinions on Improving the Quality and Safety Risk Early Warning and Rapid Response Supervision System for Import and Export Commodities to Effectively Protect the Rights and Interests of Consumers" (hereinafter referred to as the "Opinions") was issued a few days ago.
The "Opinions" make it clear that it is necessary to adhere to the principle of "safety-oriented, strictly abide by the bottom line; Prevention first, prevention and control combined; Innovation-led, scientific decision-making; openness, sharing, co-governance and linkage", further establish and improve the quality and safety supervision system of import and export commodities, effectively safeguard the rights and interests of consumers and national security, prevent and protect the public from quality and safety risks, and provide high-quality supply for people's livelihood and economic development. Li Ying's "Opinions" put forward a total of 22 specific measures in 5 aspects.
The first is to comprehensively strengthen the monitoring of quality and safety risks. Formulate and publish a unified national risk monitoring plan, systematically and continuously monitor quality and safety risks, and publish quality and safety monitoring results in accordance with the law. Broaden the collection of risk information, improve channels for consumer complaints and enterprise reporting, and encourage colleges and universities, scientific research institutes, industry associations, etc. to take the initiative to report quality and safety risk information.
Improve basic safeguards and accelerate the sharing of risk information.
The second is to scientifically optimize quality and safety risk assessment. Promote the development of risk assessment institutions and support the participation of social institutions. Research risk assessment methods, cultivate a professional talent team, and improve the working mechanism of the expert committee.
Strengthen the application of risk assessment results to objectively evaluate the quality and safety level of import and export commodities.
The third is to focus on improving the early warning of quality and safety risks. Improve the standards for the classification of risk early warning levels and dynamic adjustment rules, and implement risk early warnings by category. Improve mechanisms for the release of early warning information, explore the implementation of precise pushes, enrich the means of publicizing which infiltration plexes, and smooth the channels for inquiry.
Fourth, quickly implement quality and safety risk disposal. Strengthen the recall of defective imported goods, and encourage manufacturers and importers to carry out voluntary recalls. In accordance with the principle of "incentives for trustworthiness and punishments for untrustworthiness", continue to advance joint disciplinary action against untrustworthiness in quality.
Strengthen the punishment of quality and safety violations, establish a "blacklist" of quality and safety violations, and severely crack down on counterfeit and shoddy quality and safety violations.
Fifth, pay attention to the application of quality and safety risk results. Implement the main responsibility for the quality and safety of the enterprise, and strictly pursue the responsibility. Do a good job in responding to technical measures such as early warning, notification, and review, and strengthen consultation and dispute resolution.
Dynamically adjust the statutory inspection or inspection catalog, reform the inspection and quarantine supervision model, and implement effective regulatory intervention and differentiated release. Accelerate the improvement of the management of the acceptance of third-party inspection results, and explore the development of quality and safety traceability.
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