Announcement of the General Administration of
Quality Supervision, Inspection and Quarantine on the
Requirements for the Implementation of
Measures for the Supervision and Administration of the
Inspection and Quarantine of Dairy Products to be Imported and Exported
No.53 2013
The General Administration of Quality Supervision, Inspection and Quarantine
(“AQSIQ”) has formulated and promulgated on Jan 24th 2013 the Measures for the
Supervision and Administration of the Inspection and Quarantine of Dairy Products to
be Imported and Exported (hereinafter referred to as the Measures), which will be put
into effect as of May 1, 2013. In order to further clarify contents of the Measures and
ensure smooth implementation, notice on the requirements for the implementation of
the Measures are hereby given as follows:
1. AQSIQ will adjust the range of products to which the Measures are applicable
according to the changes in national laws, regulations and standards, and announce such
adjustment on its official website. Milk powder specified in paragraph 2 of the
Measures includes bovine colostrum powder; milk-based formula include base powder
material. The Measures are not applicable to formula food for infants and young
children for special medical purposes.
2. AQSIQ implements an overseas food producer registration system for overseas dairy
producers that export to China. AQSIQ will publish regulations for registration of
overseas dairy product premises and allow for a transitional period to finish registration.
Within the transitional period, overseas dairy producers that have not completed
registration can still continue export to China in accordance with the Measures.
3. In the case of imported dairy products for which quarantine examination and approval
procedures shall be handled (see Appendix 1), such procedures shall be handled in
accordance with relevant provisions of the Measures for the Administration of
Examination and Approval of the Quarantine of Entry Animals and Plants (AQSIQ
Decree No. 25, 2004). AQSIQ can determine and adjust the categories of imported dairy
products for which quarantine examination and approval procedures shall be handled
and publish on its official website.
4. Regardless of whether or not there are import records before implementation of the
Measures, the first import of a certain product through a certain port whose departure
date is on or after the implementation date of the Measures will be regarded as a
first-time import. The repeated imported batches of the same product through the same
port (meaning the same CIQ region) will be regarded as repeated imports. Products that
are exactly the same in information such as overseas production premise, product name
(including brands), formula, overseas exporter, Chinese importer are regarded as the
same products.
5. For dairy products which are imported for the first time, the importer or its agent
shall, when applying for quarantine inspection, provide a test report on such items as
contaminants and mycotoxins, which are specified in corresponding national food safety
standards.
For dairy products which are not imported for the first time, the importer or its agent
shall, when applying for quarantine inspection, provide a copy of the test report and the
inspection application form for the first-time import, as well as a test report on the items
required by AQSIQ (See Appendix 2). The items to be included in the test report for
dairy products which are not imported for the first time shall be adjusted and
determined by AQSIQ based on dairy product risk monitoring, etc. before being
released on the official website of AQSIQ.
For base powder material (milk-based premix) of the formula food for infants and
children which are imported for the first time, a test report on such items as the
micro-organisms, contaminants and mycotoxins which are specified in corresponding
product standards shall be provided. For repeated imports of base powder material, a
test report on micro-organism shall be provided.
There shall be a one-to-one correspondence between the above test report and the date
of production or batch number of the imported dairy products.
6. The testing organization to issue the test report for imported dairy products may be a
foreign official laboratory, a third party testing organization or corporate laboratory, or a
food testing laboratory in China which has been recognized by China National
Accreditation Service for Conformity Assessment (CNAS).
7. If the importer of the imported dairy products or its agent is unable to provide the test
report required by the Measures when applying for inspection, it may submit written
materials to state the reasons and promise to submit, by a certain deadline, a test report
as required by the Measures. The inspection and quarantine agency may accept the
application for inspection after examining the materials and inspect the imported
products once a test report has been submitted by the importer or agent. In the interim
the products shall be stored at a regulatory venue designated or recognized by the
Inspection and Quarantine agency.
8. If the safety and health items for the imported dairy products are tested to be
unqualified, when such products are re-imported, the importer or its agent shall provide
a test report for items listed in corresponding national food safety standards, 5 batches
in a row (i.e., 5 different production batches or dates of production). If the items tested
to be unqualified are illegal additives, the inspection report shall include the items
previously tested to be unqualified.
9. For the overseas awards, accolades, accreditation and such contents on the label of
the imported dairy products, certificates or documents confirmed through diplomatic
channels shall be provided. Confirmation through diplomatic channels means
confirmation by Chinese diplomatic missions overseas or foreign diplomatic missions to
China.
10. Importer of dairy products shall publish information of the products such as category,
production place, brands on public media (including company’s official website).
11. For non-complying imported dairy products that need to be destroyed or returned,
after the products have been destroyed or returned, the importer shall report to
inspection and quarantine agency on the destroy and return of the goods within 5
working days.
Appendix:
1. Categories of Dairy Imports for Which Quarantine Examination and Approval
Procedures Shall be Handled
2. List of Items to be Tested for Repeated imports of Dairy Products
Appendix 1
Categories of Dairy Imports for Which
Quarantine Examination and Approval Procedures Shall be Handled
1. Raw milk (means mature milk squeezed out from the udders of healthy dairy stock
without any ingredient change)
HS Code Involved: 0401200000
2. Raw milk products (mean dairy products of which raw milk is the principal raw
material and that have not been heat-treated and sterilized)
HS Code Involved: 0403100000, 0406100000, 0406200000, 0406300000, 0406400000,
0406900000
3. Pasteurized milk (means liquid product of which raw milk/goat milk is the principal
raw material and that has been processed by such methods as pasteurizing)
HS Code Involved: 0401100000, 0401200000
[Note] The HS codes above simply refer to those related to the imported dairy products
for which quarantine examination and approval procedures shall be handled. It does not
mean that quarantine examination and approval procedures shall be handled for all
imported foods under the same HS code. It shall be determined in consideration of the
processing techniques of such products as well.
Appendix 2
List of Items to be Tested for Repeated Imports of Dairy Products
Categories of
Items to be Tested
Dairy Products
Protein
Fat
Acidity
Aflatoxin M1
Pasteurized milk
Total bacterial count
Coliforms
Staphylococcus aureus
Salmonella
Protein
Fat
Sterilized milk
Acidity
Aflatoxin M1
Commercial sterility
Protein
Fat
Aflatoxin M1
Commercial sterility (applicable to products
produced via sterilization)
Total bacterial count (applicable to other products
Modified milk
not produced via sterilization)
Coliforms (apply to other products not produced via
sterilization)
Staphylococcus aureus (applicable to other products
not produced via sterilization)
Salmonella (applicable to other products not
produced via sterilization)
Protein
Fat
Acidity
Aflatoxin M1
Coliforms
Fermented milk Staphylococcus aureus
Salmonella
Yeast
Mildew
Lactic acid bacteria (not applicable to products that
are heat-treated after being fermented)
Aflatoxin M1
Cheese
Processed cheese
Cream, butter,
anhydrous milk
fat
Condensed milk
Coliforms
Staphylococcus aureus
Salmonella
Listeria monocytogenes
Mildew (not applicable to cheese with mature
mildew)
Microzyme (not applicable to cheese with mature
mildew)
Fat
Aflatoxin M1
Total bacterial count
Coliforms
Staphylococcus aureus
Salmonella
Listeria monocytogenes
Mildew
Yeast
Fat
Acidity (not applicable to anhydrous milk fat)
Commercial sterility (applicable to cream produced
with canned food technology or via UHT process)
Total bacterial count (not applicable to products of
which fermented cream is the raw material)
Coliforms
Staphylococcus aureus
Salmonella
Mildew
Protein
Fat
Acidity
Aflatoxin M1
Commercial sterility (applicable to evaporated milk
and modified evaporated milk)
Total bacterial count (applicable to sweetened
condensed milk and modified sweetened condensed
milk)
Coliforms (applicable to sweetened condensed milk
and modified sweetened condensed milk)
Staphylococcus aureus (applicable to sweetened
condensed milk and modified sweetened condensed
milk)
Salmonella (applicable to sweetened condensed milk
Milk powder
Whey powder
and whey protein
powder
Bovine
colostrum
powder
Milk-based
formula food for
infants and
young children
and modified sweetened condensed milk)
Protein
Fat
Recovery of lactic acid (not applicable to modified
milk powder)
Aflatoxin M1
Total bacterial count (not applicable to products
added with active bacteria (aerobic and facultative
anaerobic probiotics))
Coliforms
Staphylococcus aureus
Salmonella
Nitrite
Protein
Lactose (not applicable to whey protein powder)
Aflatoxin M1
Staphylococcus aureus
Salmonella
Protein
Immunoglobulin (IgG)
Fat
Recovery of lactic acid
Lead
Nitrite
Aflatoxin M1
Yeast
Mildew
Total bacterial count
Coliforms
Staphylococcus aureus
Salmonella
Protein
Fat
Vitamin A
Vitamin D
Vitamin E
Vitamin K1
Vitamin B1
Vitamin B2
Vitamin B6
Vitamin B12
Folic Acid
Pantothenic acid
Biotin
Choline (not applicable to products not added with
choline)
Inositol (not applicable to products not added with
inositol)
Taurine (not applicable to products not added with
taurine)
L-carnitine (not applicable to products not added
with L-carnitine)
Calcium
Phosphorus
Iodine
Selenium (not applicable to formula food for older
infants and young children which contains no
selemium)
Iron
Copper
Zinc
Commercial sterility (applicable to liquid formula
food for infants and young children )
Total bacterial count (not applicable to products
added with active bacteria (aerobic and facultative
anaerobic probiotics))
Coliforms
Salmonella
E. sakazakii (applicable to formula food for infants
of 0-6 months old)
Staphylococcus aureus (applicable to formula food
for infants)
Azotate (not applicable to formula food containing
no vegetable or fruit for older infants and children)
Nitrite
Lead
Aflatoxin M1
–
ΣΥΜΠΛΗΡΩΜΑΤΙΚΕΣ ΠΛΗΡΟΦΟΡΙΕΣ –
–
ΕΡΩΤΗΣΕΙΣ-ΑΠΑΝΤΗΣΕΙΣ
Report: Meeting with AQSIQ on new measures for imported dairy products – 19 April 2013
Participants
AQSIQ
+ two from international cooperation department
EU Delegation/international participants:
Intro: the purpose of the meeting request was to express concern about the new rules concerning
dairy products exported to China to enter into force on 1 May 2013, and about the recently received
implementation rules. Since other delegations, both EU and non-EU had concerns a joint meeting was
organized. This demonstrated that it was not only an EU concern but for all exporting countries to
China.
(AQSIQ implementation rule of the Measures on Import and Export Dairy Products.
http://www.aqsiq.gov.cn/xxgk_13386/jlgg_12538/zjgg/2013/201304/t20130417_352863.htm )
Points needing clarification, although some points have been answered by the implementation rules
(English page version http://english.aqsiq.gov.cn/ ):
1.
2.
3.
4.
The scope of the rules, will, for example, infant formula based on non milk
products, be included?
What is the registration process for the establishment of a new import?
How long will an analytical test report be valid?
The EU would welcome additional time for the transitional period, as the
rules will cause difficulty for some exporters.
The implementation rules have covered many questions.
More Questions
About the definition of a dairy product: if food using milk as a ‘main ingredient’ is a dairy product,
is the definition of a ‘main ingredient’ dependant on quantity or quality. Is milk chocolate a dairy
product? Someone said his country would like only products with more than 50% milk to constitute a
dairy product;
1. The HS code for cheese is 0406. Appendix 1 to the implementation rules only has
raw milk under 0406, we would like to add pasteurized.
2. It is stated in the implementation rules that dairy imported for the first time must be
tested for contaminants and mycotoxins. We would like assurance that it cannot be
more. If more, We would like to know if it would be possible to make a complaint
to AQSIQ.
3. We are concerned about additional tests demanded at the border for repeated
imports. These would not be possible because of the limited timeframe – it takes
four weeks by boat. Products would be at the end of their shelf life.
4. Will test reports from Foreign laboratories be acceptable? Can AQSIQ assure that
products would not be subjected to further tests by Chinese laboratories?
5. What will be the validity of the test reports, particularly the first report?
Mycotoxins should not be tested with every batch because of expensive. Regularity
should accord with the risk assessment.
6. We consider the rule to be heavy that when an exporter changes importer it
becomes a new import.
7. AQSIQ should publish a list of trusted importers so that the cost of changing
importer would not be high.
8. Article 11 of the implementation rules. We are concerned about products with a
very short shelf life. Previously AQSIQ has taken more than a month to clear
goods, meaning that they reach the end of their shelf life and cannot be sold. We
would like test results to be returned according to the shelf life of the product.
9. Re Article 36 of the Administrative measures. We would like the original country
to be informed if producers are put on a ‘blacklist’ as the product could be
fake. Then both countries could investigate together.
10. We would appreciate flexibility from the Chinese side concerning the transitional
period. 12 months would be their preference. We would also appreciate more
detailed information about the required tests.
11. The categories in Appendix 1 also cover infant formula or not? We need
clarification about what will be tested at first import and what for later imports.
12. China had a common data bank to know whether a product was coming for the first
time?
ANSWERS
Scope question.
Definition of milk product is included.
Infant milk product not using milk not covered.
There was no way to change the start date for the new regulation. It was clear that the
date applied to products departing on or after 1 May. The products included were
those in the appendix, that milk chocolate was not included and that all products not in
the appendix were not included. For the products included in Appendix 1 alone an
import permit was needed before export was allowed.
Pasteurized cheeses did not need a permit but they need to be inspected. This was not just
restricted to mycotoxins and contaminants but also to those included in the National
Food Safety Standards. E.g. for infant products it is very clear what is required in the
national standard. For other products it could be quite vague. However, one tests
according to the National Standard reference.
China accepts testing reports issued by foreign labs unless the reports are missing
items. In this case a local test is required. Local CIQ will occasionally also have a
sampling test, which AQSIQ does not require the importer to provide.
Regarding problems with time delays for testing, it was possible to manage testing
for e.g. salmon from Norway which has an even shorter time period than cheese. He
recommended that importers coordinate with local CIQs. China would not deliberately
delay testing but importers should enhance cooperation with local CIQs.
Concerning a ‘blacklist’, China means export enterprises not producers. Article 21
explains how to deal with them. This article is targeting domestic importers. It is agreed
that it would be a good idea to have coordination before implementing a blacklist.
Infant formula was not covered by Appendix 1. Infant formula is prepackaged and ready
to sell to consumers. There is no national standard for milk-based raw materials. There is
an inspection when the product gets processed.
China has a database at the provincial level. Therefore a product will not be
considered as new if it arrives in the same province. It will however be a ‘new
product’ if it arrives in a different province. It will also be considered new if the
importer is different. To the question whether a product imported to a different
province would be a new import, AQSIQ confirmed..
Questions about the registration of dairy producers. In order to comply with guidelines
from AQSIQ, the CNCA would publish details about the registration date and
transitional period. According to work procedures they would inform the relevant
embassies and agencies when this was published. They would require procedures and
items to be completed in this transitional period. They would also ask for some additional
questions about high-risk dairy products. CNCA would issue some measures to cope with
10
non-compliant producers.
AQSIQ will publish a list of standards for reference on its website, aiming for
publication before 1 May.
11