Customs verification is an important part of Customs follow-up supervision. It refers to a Customs administrative check activity by the department responsible for Customs verification, which carries out inspection and verification of enterprises according to the instructions and checks and supervises the authenticity, legality and compliance of their production and business activities according to laws. The verification carried out by the Customs on importers of imported food is aimed at promoting the fulfillment of the main responsibilities for food safety of importers, the implementation of statutory duties such as filing, import and sales records, and urging them to operate in a compliant manner, through the checking of the filing information, import and sales record of food importers.

What does the customs check?

1. Enterprise filing information: whether the address, name, unified social credit code, legal representative and name and contact information of Customs business contact person are consistent with the filing information at Customs? Whether the category and the storage place of food to be operated are consistent with the filing materials?

2. Import and sales record: whether to establish import and sales record system according to regulations? whether to keep it according to regulations? whether the record items are complete? whether the filling of record is complete?

3. Food label: whether it is a prepackaged food? whether the label of prepackaged food is affixed or printed in accordance with regulations?

What is the main basis for the verification of food importers?

1. Articles 67, 69, 71, 72, 92, 94, 96, 97 and 98 of the Food Safety Law of the People's Republic of China

2. Article 8, Paragraph 2 of the Special Rules of the State Council on Strengthening the Supervision and Management of the Safety of Food and Other Products (Order No. 503 of the State Council)

3. Article 65, Paragraph 2 of Article 10, Article 21 and Article 30 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety (Order No. 249 of the GACC)

4. Announcement on the Release of the Provisions on the Administration of the Filing of Importers and Exporters of Imported Food and the Provisions on the Administration of the Record of Food Import and Sales (Announcement No. 55 of 2012 by the former AQSIQ)

5. GB 7718-2011 National Food Safety Standard General Standard for the Labeling of Prepackaged Foods

What should food importers do?

1. Actively cooperate, send employees to the spot to receive inquiries and truthfully provide import and sales record and other relevant information for check.

2. Establish the system of food import and sales record (including the record of the sales direction of imported food, complaints and recall record of sales objects of imported food) according to laws, and record and keep them truthfully according to regulations.

3. Indicate "this document is consistent with the original, checked and correct" and sign it on the copies of the materials to be kept by the Customs.

4. Timely correct the problems found in the Customs verification, for example: the filing information does not match the reality; or failing to establish and comply with import and sales record and being ordered to make corrections.

5. Sign and receive check records, inquiry records, verification work records and other legal documents.

What are the legal responsibilities?

1. Those failing to establish and comply with the system of import and sales record are ordered to make corrections and are given a warning; if they refuse to make corrections, they are subject to a fine of not less than 5,000 Yuan and not more than 50,000 Yuan (Paragraph 2 of Article 129 and Article 126 of the Food Safety Law of the People's Republic of China).

2. Those failing to cooperate with the import and export food safety verification of the Customs, refusing to accept inquiries or provide materials, or whose responses and provided materials do not correspond to the actual situation, will be given a warning or a fine of not more than 10,000 Yuan (Article 69 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety).

3. If food importer whose filing content is changed, not handling the change procedures to the Customs in accordance with provisions, and the circumstances are serious, the Customs will give a warning.

If false filing information is provided, the Customs will impose a fine of not more than 10,000 Yuan (Article 68 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety).

4. The Chinese labels unattached to the prepackaged import food, or Chinese labels attached failing to comply with laws, regulations and Chinese national standards on food safety during relevant supervision, and the food importer refuses to destruct, return or technically treat the food according to requirements of the Customs Administration, shall give the food importer a warning or impose a fine less than 10,000 Yuan. (Article 70 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety).

Compliance Guidelines

1. If there is a change in the content of filing, the change procedures should be handled to the filing authority within 60 days from the date of the change.

2. Establish a food import and sales record system, and truthfully record the import and sales of foods. The retention period of the records and vouchers should not be less than six months after the expiration date of the product; if there is no clear shelf life, the retention period should not be less than two years.

3. The package, label and indication of imported food should comply with the provisions of Article 30 of the Measures of the People's Republic of China for the Administration of Import and Export Food Safety.

Among them, the label of prepackaged food should comply with the provisions of GB 7718-2011 National Food Safety Standard General Standard for the Labeling of Prepackaged Foods.

Source: Qingdao Customs 12360 Hotline

Note: This article is compiled by Antion. Please indicate the source for reprint.