Laws of the People's Republic of China

The State General Administration of Quality Supervision, Inspection and Quarantine

Order of the State General Administration of Quality Supervision, Inspection and Quarantine

No. 313

The Regulations on Inspection and Quarantine of Entry and Exit Aquatic Products, which were 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.

Director of the State General Administration of Quality Supervision, Inspection and Quarantine Li Changjiang

November 6, 2002

Regulations on Inspection and Quarantine of Entry and Exit Aquatic Products

Chapter 1 General Rules

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 cephalochordata, 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 Entry Inspection and Quarantine.

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:

(1)

Having the storerooms accommodated to the quantity and scale of the entry aquatic products; a storeroom shall meet the Inspection and Quarantine Requirements for Entry Aquatic Product Storerooms (see attachment 1), and shall be put on record with the inspection and quarantine bureau directly under the SAQSIQ of the place where it is located;

(2)

The inspection and quarantine body of the port has the necessary professionals and facilities for carrying out inspection and quarantine of entry aquatic products.

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:

(1)

Failing to obtain the License for Quarantine of Entry Animals and Plants through examination and approval formalities pursuant to law, or the License for Quarantine of Entry Animals and Plants is invalid;

(2)

Failing to have the inspection and quarantine certificate issued by the authority of the exporting country or region, or the certificate fails to meet the requirements;

(3)

With respect to the aquatic products listed in the Catalog of Import Food Subject to Enterprise Registration, the manufacturing enterprise thereof hasn't been registered.

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:

(1)

Checking the documents and examining the goods;

(2)

Examining whether the package meets the Basic Requirements for Package of Entry Aquatic Products (see attachment 3);

(3)

Carrying out quarantine over the salinized or dried entry aquatic products that are likely to grow plant pests.

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:

(1)

The goods fail to match the certificates or the goods fail to meet the inspection and quarantine requirements;

(2)

The goods are rotten and deteriorated or are polluted by poisonous and harmful substances;

(3)

The package fails to meet the Basic Requirements for Package of Entry Aquatic Products.

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:

(1)

Issuing the Certification of Inspection and Quarantine of Entry Goods to those passing the inspection and quarantine;

(2)

Issuing the Notice on Inspection and Quarantine Treatment of Entry Goods to those failing the inspection and quarantine, and supervising the non-hazardous treatment over the goods, or returning or destroying the goods. (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 Exit Inspection and Quarantine.

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:

(1)

For failure of safety and sanitation items, the goods shall not be allowed to exit China;

(2)

For failure of other items, technical treatment is allowed; and a new application for inspection may be filed after the technical treatment.

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:

(1)

Cooled (kept fresh) aquatic products: 2 days;

(2)

Dry-frozen and single-frozen aquatic products: 4 months;

(3)

Other aquatic products: 6 months. If the exit aquatic products exceed the valid term of inspection and quarantine, a new application for inspection must be filed.

Chapter 4 Early Warning of Risks.

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 Rules.

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 1:Inspection and Quarantine Requirements for Entry Aquatic Product Storerooms

I.

Basic conditions for storehouses

(1)

Having favorable transport facilities, locating within the jurisdiction of the entry port, having operational space convenient for conveying, and having storage volume of no less than 3,000 tons;

(2)

There is no source of pollution around the storehouse, the requirements for environment protection are met, and road surface is flat, without logged water and exposed ground;

(3)

Having anti-pest, anti-rat and anti-mildew facilities. There is no dirt or peculiar smell in the storehouse, the environment is clean and tidy, and the inside is arranged rationally;

(4)

The storehouse to be used to keep frozen aquatic products must be special cold storehouses for aquatic products, and may not be used for other products. Temperature in the storehouse shall be below -18℃, the difference in temperature between day and night shall not exceed 1℃. There shall be automatic temperate recording equipment, and non-mercury thermometers shall be set up in the storehouse.

(5)

Establishing a sanitation quality system including the following contents:

a.

Guidelines and targets of sanitation quality;

b.

Organizational structures and the duties of the organizations;

c.

Requirements for the production and management personnel;

d.

Sanitary requirements for environment;

e.

Sanitary requirements for storehouses (cold storehouses) and facilities;

f.

Sanitary requirements for storage and transport;

g.

Control of poisonous and hazardous substances;

h.

Quality record;

i.

Quality system internal examination.

II.

Administration of Storehouse Entry

(1)

The storehouse shall check the first section of the Customs Clearance Form of Entry Goods produced by the inspection and quarantine body with respect to the entry aquatic products that enter the storehouse, and shall keep the copy of the section.

(2)

The aquatic products found to be in any of the following cases shall not be allowed to enter the storehouse, and the relevant inspection and quarantine body shall be notified without delay.

a.

The goods fail to match the certificates, the goods are loosely packed, assembled or in neutral package;

b.

The goods are rotten and deteriorated or have peculiar smell.

(3)

Different products (including products of different categories, different producing areas, different time of storehouse entry, and different consignors) may not be piled up in a mix in the unified area of the storehouse, and may not be put in the same storehouse where the home-made goods are kept. The storehouse shall be kept tidy inside, and no obstacles shall be set up.

(4)

The storehouse shall establish the check system of storehouse entry registration, special personnel shall be designated to take charge of the storehouse entry registration of aquatic products (including the information about the registration of goods and about consignors), the sanitation and epidemic prevention, and to assist the inspection and quarantine body in the check.

(5)

The storehouse must fill in the Manual of Quality Supervision and Administration of Storehouse of Entry Aquatic Products (hereinafter referred to as the Manual), for check by the inspection and quarantine body.

III.

Administration of Storehouse Exit

(1)

The storehouse shall check the original of the first page of the Inspection and Quarantine Certificate of Entry Goods produced by the inspection and quarantine body, and keep the copy of the page.

(2)

Special personnel shall take charge of the registration of storehouse exit when the products exit the storehouse.

(3)

After the products exit the storehouse, the leftovers shall be cleared away and go through necessary disinfection treatment in a timely manner.

IV.

Supervision and Administration

(1)

The storehouse shall provide necessary equipment and conditions for the work of the inspection and quarantine personnel. When the inspection and quarantine body carries out quarantine supervision of the storehouse pursuant to law, the storehouse must provide close assistance, and may not conceal the information or refuse the check.

(2)

The supervision and administration of storehouses shall be organized by the inspection and quarantine bureaus directly under the SAQSIQ, the contents include: sending personnel to the storehouses in fixed or unfixed terms to check the storage status of the entry aquatic products, the relevant registration of storehouse entry and exit, function of the quality system, and compliance with the laws and regulations on inspection and quarantine, including whether there are illegal entry aquatic products kept in the storehouse, or whether the storehouse hasn't faithfully reported to the inspection and quarantine body when finding illegal entry aquatic products, as well as whether the inspection and quarantine marks and seals of the kept goods have been torn open or damaged during the storage period, etc..

(3)

If the inspection and quarantine body finds through the check any violations of the relevant provisions by the storehouse, it may order the storehouse to get right within a prescribed time limit; if the circumstances are serious, it may give a warning, suspend the storehouse from storing entry aquatic products or cancel the qualification of the storehouse.

(4)

The storehouse shall regularly submit the statistics statements of the entry aquatic products that entered and exited the storehouse last month to the inspection and quarantine body, which shall make the verification.

(5)

If it is needed to change the structure of a storehouse due to repairs or other reasons, consent of the inspection and quarantine body shall be obtained, and epidemic prevention shall be carried out under the guidance of the inspection and quarantine body.

(6)

The waste generated in the course of loading and unloading of aquatic products from the storehouses must go through non-hazardous treatment at the designated place pursuant to the requirements of the inspection and quarantine body.

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:

兹证明：This is to certify that:

1.

上述产品来自主管当局注册的企业。The above fishery products come from the establishment approved by competent authority.

2.

该产品是在卫生条件下生产、包装、储藏和运输，并置于主管当局监督之下。The products were produced, packed, stored, and transported under sanitary condition, which were under the supervision of competent authority.

3.

该产品经主管当局检验检疫，未发现中国规定的有害病菌、有毒有害物质和异物。The products were inspected and quarantined by competent authority and no pathogenic bacteria, harmful substances and foreign substances regulated by the P. R. China was found.

4.

该产品符合兽医卫生要求，适合人类食用。The products meet veterinary sanitary requirements and fit for human consumption.

Date of Issue 签发日期

Stamp盖章

Official Veterinary Signature官方兽医签字

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.