Bonded mode of cross-border e-commerce
online shopping imported food safety
Regulatory rules
(Exposure Draft)
General Provisions
Article 1 [Objective] In order to ensure the safety of imported food,
based on patterns of cross-border e-commerce online shopping
regulations for Bonded imported food safety supervision and
management according to "People's Republic of China Food
Safety Law" and its implementing regulations, "People's Republic
of China Entry and Exit Animal and Plant Quarantine Law "and its
implementing regulations," "and its implementing regulations and
other laws and regulations and the" People's Republic of China
Import and Export Commodity Inspection Law of the State Council
on accelerating the development of e-commerce to develop new
economic dynamism of opinions "(Guo Fa [2015] No. 24) , "the
State Council guidance on facilitating cross-border e-commerce
healthy and rapid development" (Guo Ban Fa [2015] No. 46),
"AQSIQ inspection and quarantine on to further develop the
functions of facilitating cross-border e-commerce development
view" ( State inspection through [2015] No. 202) and other
normative documents requirements, the enactment of this rule.
Article 2. The scope of the rules applicable to cross-border ecommerce online shopping Bonded mode imports (hereinafter
referred to as "net share bonded import") the food business and
safety supervision and management.
Online shopping means whether bonded imported consumer
orders generated Whether the entry of goods to cross-border ecommerce in the form of import declaration, fails to customer
order entry form independent packaging, bulk cargo shipped to
special surveillance zone centralized storage, cross-border
electricity After quotient operator by customer order to form an
independent cross-border e-commerce package sent to domestic
consumers of imported models.
Products through international courier or mail into the country, are
not within the scope of the Regulations.
Article 3 main responsibility] Online shopping Bonded food import
business activities of business entities shall abide by China's
relevant laws and regulations, and to ensure that their business
online shopping bonded imported food in line with our laws and
national food safety standards.
Online shopping Bonded import business entities foods include:
online shopping bonded imported food enterprises (referred to as
business enterprises), the net purchase bonded imported food
trading
third
party
platform
enterprise
(referred
Platform,
Enterprise), the net purchase bonded imported food logistics
warehousing enterprises (hereinafter referred to logistics and
warehousing enterprises) and the like.
Article
4
The State
Administration
of
Quality
Supervision regulatory body in charge of the net purchase bonded
imported food inspection and quarantine supervision.
AQSIQ located around the entry-exit inspection and quarantine
authorities responsible for the area of online shopping bonded
imported food inspection and quarantine supervision.
Article 5 regulatory principles] CIQ online shopping business
entities and import bonded imported food products implement
record management, online shopping Bonded Imported food
business conduct supervision and inspection on the net purchase
of bonded imported food implement quality and safety supervision
of risk.
Chapter II obligations of business entities
Article 6 General obligations] enterprises enterprises shall abide
by our network of food business relevant laws and regulations,
establish and improve the food safety management system,
designate a person responsible for food quality and safety,
ensuring its food business in line with our relevant laws and
regulations and food safety National standards. Laws and
regulations need to apply for production and business license or
filing
shall
obtain
certificate. Enterprises
food
shall
business
apply
license
to
the
or
registration
inspection
and
quarantine departments for the record according to regulations.
Enterprises must not bonded by the net purchase of imported
food the following:
(A) "People's Republic of China Entry and Exit Animal and
Plant Quarantine Law" stipulates that the ban from entering the
country;
(2) failing to obtain access to the inspection and quarantine of
animals and plants derived foods;
(3) other laws and regulations and AQSIQ announcement
prohibit entry of food.
Enterprises should also ensure that their business online
shopping
bonded
imported
food
meets
the
following
requirements:
(A) included in the "import food production enterprises
registered overseas the implementation of the directory" foods,
should
come
from
registered
overseas
food
production
enterprises;
(B) health food, genetically modified foods, there is no national
food safety standards of food, new food raw materials or
ingredients contained in new food food ingredients, should be
registered by the relevant departments, filing and safety
assessment;
(C) animal and plant quarantine requirements, shall be
obtained prior to entry animal and plant quarantine permit.
Article 7 General obligations] Platform Enterprise platform
business
enterprises
shall
establish
and
review
the
implementation of the registration and sale of food information
audit, food safety emergency response, handling complaints,
consumer protection and other management systems to ensure
that their platforms engaged in food safety. Platform enterprise
shall record the entry and exit inspection and quarantine
departments according to regulations.
Internet business ventures within the platform should be realname registration, to clarify its food safety management
responsibilities; which shall be made in food production license, it
shall review its license.
Platform enterprise shall establish in its platform to run a
business archives, review and record the basic situation of
enterprises, operating varieties, brands and manufacturers,
logistics companies and other qualifications information.
Their own online shopping platform in the bonded imported
food business shall attain food business license or registration
certificate, and comply with the relevant provisions of the relevant
enterprises of this approach.
Platform enterprises are registered abroad shall entrust
domestic qualified enterprises as a legitimate agent. Agents
should bear the corresponding legal responsibility.
Article 8 General obligations] logistics and warehousing
business logistics and warehousing companies shall establish and
enforce food safety logistics warehouse management system and
product flows traceability management system. Logistics and
warehousing business to the entry-exit inspection and quarantine
departments should be filed according to regulations.
Article
9 Cross-border business
entities
filing] electricity
supplier business entities should import food Importers and
Suppliers for record filing system by AQSIQ entry-exit inspection
and quarantine authorities. Enterprises, logistics warehousing
enterprises can on behalf of record companies by the
platform. Overseas registered net purchases bonded imported
food business entities should be entrusted to the domestic agent
for the record.
Article 10 Product information record] ventures should ensure
their business online shopping bonded imported food from outside
the legitimate manufacturers and imported food products
Importers and Suppliers filing system by AQSIQ to entry-exit
inspection and quarantine agencies for the record.
Article 11 commitment to quality and safety] enterprises should
prominently in its own home page or create a site where the thirdparty platform operating activities Home public commitment to
quality and safety of its products business.
Article 12 Product label instructions] net purchase bonded
imported infant formula milk must be accompanied by Chinese
label, and the label must be made before Chinese immigration
directly printed on the smallest sales package, shall be affixed in
the territory. Online shopping Bonded import other food shall be
accompanied by Chinese labels, instructions in Chinese, in
addition to food, there are special requirements or to save the
allergen-containing food must accompany Chinese paper labels
and instructions in Chinese, the enterprises can take the product
label that came with the paper Chinese , Chinese label
instructions
or
provide
products
through
cross-border
e-
commerce Chinese trading platform, electronic information
Chinese specification, should be selected in two ways when filling
orders for customers. Electronic information should include the
specific elements of laws and regulations and food safety
standards require labeling of, and should indicate the platform
business and run a business name and contact information.
Announcing the long-term platform for enterprise should basic
information on its website, in order to keep abreast of consumer
inquiries.
Article 13] prove themselves qualified enterprises should
purchase bonded imported food self-test its network, and provide
the declaration to the inspection and quarantine institutions of
self-qualified
product
certification
materials. Self
qualified
certification materials issued by a qualified laboratory, test items
should cover all safety and health projects this product national
food safety standards for the product is first imported; import is
detected again when the project should include entry-exit
inspection and quarantine agencies to determine risk assessment
The high risk health and safety programs.
Article 14] online shopping product entry declaration bonded
imported food entry, the venture or agency inspection companies
should be reported to local entry-exit inspection and quarantine
authorities, and provide the following materials:
Name list (a) products and the corresponding HS codes and
specifications;
(Ii) laws and regulations, bilateral agreements, protocols and
other provisions required by the exporting country (region) official
quarantine (health) certificate;
(C) the product of self-qualification documents;
(D) enterprises record number;
Registration (v) product which shall be made, for the record,
safety assessment and other qualifications.
Article 15 The enterprises save information recording] shall
establish the net purchase of bonded imported food sales records
and full information traceability system, accurately record the
name of the food, brand, size, quantity, production date,
production or import batch, the official certificate number, shelf life
, foreign producers, foreign exporters, domestic consumer name,
address and contact details, date of entry, etc., and the
establishment of information files. Record information archives
should be true, retention period of not less than six months after
the expiration of shelf life; no definite shelf life, shelf life of not less
than two years.
Platform, enterprises should examine, record, preserve food
safety information content on its platform release of its release
date. Within the platform operator license and business license
information recording time saved from operators within the
platform from operating activities from the date of the end of two
years less than other information, transaction records and other
records backup storage time after the expiration of shelf life not
less than six month, no clear shelf life of not less than two years.
Platform, enterprises should take data backup, recovery and
other technical means to ensure that the network of food
transactions and data integrity and security, and should guarantee
the authenticity of the original data.
Article 16 The routine inspection reports] platform enterprise
shall establish a checking system, set up a special authority or
designated full-time managers, and information on food sales to
be checked within the platform, on false information, hype,
beyond the scope of business and other illegal behavior, and food
quality and safety issues or other security risks, time to stop, and
to report to the local inspection and quarantine departments,
found serious violations, it shall immediately cease to provide
food trading platform network services.
Article 17 Product Recall] enterprises find their business online
shopping bonded imported food does not comply with China's
food safety standards or there is evidence of possible harm to
human health, should immediately stop the sale and import, we
have been sold in accordance with the "Food Safety Law "The
provisions of the recall. Enterprises should take remedial recalled
products, harmless treatment, destruction and other measures,
and handling of product recalls and report to the entry-exit
inspection and quarantine institutions.
Internet business exit inspection and quarantine department
announced the existence of quality and safety issues, or other
food safety problems, should take timely stop sales, recall and
other measures to assist.
Article 18] with the supervision and inspection of enterprises
should actively cooperate with the inspection and quarantine
supervision and inspection departments to provide the necessary
technical support in information search, data extraction and so on.
Platform enterprise shall receive, process and report on food
safety information. When the entry-exit inspection and quarantine
departments to supervise and inspect the platform business
should sales information inquiry, data extraction, stopping
services and so provide the necessary technical support.
Entry-exit inspection and quarantine departments found in
violation of food safety laws and regulations acts within the thirdparty platform, the law requires companies to take measures to
stop the platform, the platform shall cooperate with enterprises.
Article
19]
civil
compensation platform
for
enterprise
consumers through the purchase of food, their legitimate rights
are being infringed, can enter the platform to enterprises for
compensation.Platform companies can not provide the true name
enterprises, address and valid contact by Platform Enterprise
compensation. After the platform enterprise compensation, the
right to recover the network enterprises.
Internet business knows or should know enterprises use their
platform against the legitimate interests of consumers, it did not
take the necessary measures to review or fulfill obligations under
these rules, shall be jointly and severally liable with the network of
food enterprises.
Article 20 Consumer Protection] platform enterprise shall take
measures to establish and implement a consumer dispute
resolution and consumer protection system.
Chapter III Safety Supervision
Article 21 Inspection and Quarantine] CIQ legally bonded to
the net purchase of entry quarantine of imported food, to ensure
compliance with the requirements of the quarantine.
Inspection and quarantine authorities on the basis of risk
analysis, in accordance with the provisions of relevant laws and
import
and
export
commodity
inspection,
administrative
regulations, bonded to the net purchase of imported food quality
and safety inspection and supervision of the implementation.
Upon examination found that online shopping regulatory
bonded imported food does not comply with China's laws and
regulations and national food safety standards, inspection and
quarantine
authorities
should
promptly
communicate
the
information to enterprises and supervise their take to stop selling
and recall and other measures.
CIQ
bonded to the
net
purchase
of
imported
food the
implementation of centralized reporting, centralized inspection and
quarantine,
put
a
batch
of
nuclear
and
other measures to accelerate clearance rate.
Article 22] AQSIQ special checks and entry-exit inspection and
quarantine agencies to net purchases of bonded imported food
quality and safety supervision of the implementation of a special
program every year, and regularly publicize the results of spot
checks.
Any stipulation supervision and inspection of the twentythird] CIQ shall record information for online shopping bonded
imported food enterprises and platform enterprise products import
and sales records, product information traceability, recall and
other supervision and inspection.
Article 24 [credit record] AQSIQ online shopping Bonded
Imported food business entities to implement credit management,
establish a credit record. To have a bad record of business
entities, should strengthen the inspection and quarantine
supervision and inspection of bonded buy imported food on their
business network; the circumstances are serious, shall operate
bonded net purchases of imported food.
Since the implementation of the present rules, it shall be
interpreted by the AQSIQ. The relevant provisions of the country
and the present rules inconsistent with these Rules shall
prevail. Executive bonded imported cosmetics online shopping
safety regulatory reference to these rules.