Laws of the People's Republic of China

The State General Administration of Quality Supervision Inspection and Quarantine

Decree of the State General Administration of Quality Supervision Inspection and Quarantine of the People's Republic of China

No. 26

Measures for the Administration of the Inspection and Quarantine of Meat Products at Entry and Exit adopted by the meeting of the General Administration of Quality Supervision, Inspection and Quarantine are hereby promulgated and shall be come into force as of the day of October 1, 2002.

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

August 22, 2002

Measures for the Administration of the Inspection and Quarantine of Meat Products at Entry and Exit

Chapter I General Rules

Article 1

The present Measures have been formulated on the basis of the Law of the People's Republic of China on the Inspection of Import and Export Commodities and the regulations for the implementation thereof, the Law of the People's Republic of China on the Quarantine of Animals and Plants at Entry and Exit and the regulations for the implementation thereof, the Law of the People's Republic of China on the Frontier Hygiene and Quarantine and the detailed rules for the implementation thereof, the Law of the People's Republic of China on Food Hygiene and other relevant laws and regulations for the purpose of reinforcing the inspection, quarantine and supervision of meat products at entry and exit, ensuring the security and hygiene of meat products at entry and exit, preventing epidemic diseases of animals from entering into our country, protecting the security of production of agriculture and animal husbandry as well as the health of people, and maintaining the reputation of foreign trade.

Article 2

The present Measures shall be applicable to the inspection, quarantine and supervision of meat products at entry and exit.

Article 3

The term "meat products" as mentioned in the present Measures refers to any part of the slaughtered animal that is edible for the humans, including the body, meat, viscera, byproducts, and products made of the aforementioned products as raw materials (excluding cans).

Article 4

The General Administration of Quality Supervision, Inspection and Quarantine of the State (hereafter "the General Administration") take charge of the unified administration of the inspection, quarantine and supervision of meat products at entry and exit of the whole country. The institutions of entry and exit inspection and quarantine set up by the General Administration at all places (hereafter "inspection and quarantine institutions") shall be responsible for the inspection, quarantine and supervision of meat products at entry and exit.

Chapter II Inspection and Quarantine at Entry and Exit

Article 5

The administrative authority of the government of the country or region that exports meat products to China shall enter into a protocol of inspection and quarantine with the General Administration so as to determine the corresponding requirements for inspection and quarantine. The inspection and quarantine institutions shall implement inspection and quarantine according to the protocols of inspection and quarantine and the relevant provisions of the laws and regulations of China.

The General Administration may, where it is necessary, send people to the countries or regions that export meat products to China to make preliminary inspections.

Article 6

The processing enterprises that export meat products to China shall be subject to registration at the General Administration. The foreign processing enterprises that fail to be registered at the General Administration may not export their meat products to China.

Article 7

The General Administration adopts the system of quarantine approval to the meat products that enters into China. The consignor of entry meat products shall go through quarantine approval formalities and obtain a license for entry animal and plant quarantine before concluding a trade contract.

Article 8

Entry meat products can only enter into China at the ports designated by the General Administration. An entry port shall meet the following conditions:

(1)

Having refrigerated warehouses that suit the quantity of entry meat products. The conditions of the refrigerated warehouses shall conform to the Inspection and Quarantine Requirements of Refrigerated Warehouses for Entry Meat Products (see annex). The inspection and quarantine administrations directly under the General Administration administers the refrigerated warehouses for storing entry meat products within their respective jurisdictions by way of archivist files.

(2)

The inspection and quarantine institutions at entry ports shall have laboratory facilities necessary for the inspection and quarantine of meat products and shall be equipped with corresponding professional personnel.

Article 9

Before or when meat products enter into China, the consignor or the agent thereof shall report to the inspection and quarantine institutions at the entry port for inspection and quarantine by presenting relevant documents, including its license for the quarantine of entry animals and plants, (the original copy of ) the inspection and quarantine certificates issued by the authorities of the government of the exporting country or region, the certificate of origin, trade contracts, letters of credit, bills of lading, invoices, etc.

Article 10

The inspection and quarantine institutions shall examine the documents submitted for inspection and quarantine, and if they find that the documents are eligible, they shall accept the request for inspection, and write off the quantities that have been approved.

If there is no certificate of inspection and quarantine issued by the authorities of the exporting country or region or if the certificates of inspection and quarantine do not meet the requirements, and if there is no valid licenses for the quarantine of entry meat products, they shall be returned or destroyed.

Article 11

The containers that carry entry meat products shall be subject to sterilization for preventing epidemics under the supervision of the inspection and quarantine institutions at the entry port. No entry meat product may be unloaded from the transportation vehicles without the approval of the inspection and quarantine institutions.

Article 12

The inspection and quarantine institutions at entry port shall execute inspections and quarantines on the spot according to the following provisions:

(1)

Checking whether the documents are in identity with the name, quantity (weight), serial number of the container, the exporting country or region, the name of the processing factory, or with the registration number, packaging, lead sealing number, inspection and quarantine mark or sealing label of the products;

(2)

Checking whether the temperature records of the containers are in conformity with the relevant requirements;

(3)

Checking the packing: on the outside of the packages there should be eye-catching labels written in Chinese and English, indicating the name, specifications, place of production, date of production, term of quality guarantee, temperature for storage, factory registration number, destination, etc. The destination must be the People's Republic of China, and there should be a one-time-use label of inspection and quarantine at the encapsulation. The inner package must be made from innocuous and harmless new materials and shall indicate the name of the product and the factory registration number;

(4)

Checking whether there is any sign of going bad or putridity, whether there is impure substances such as peculiar smell, hairs, blood, ordure, etc. or other harmful impure substances.

Article 13

The entry meat products may, according to the result of on-spot inspections and quarantines, dealt with in the following ways:

(1)

If the products are not in identity with the documents or if they do not meet the standards of our country, they shall be returned or destroyed;

(2)

If the products have gone bad or have been contaminated by harmful impure substances, they shall be returned or destroyed;

(3)

If the products are suspect of being contaminated by pathogens, samples shall be taken for test and the products shall be sealed up for further disposal.

Article 14

The entry meat products shall, upon passing the on-spot inspection and quarantine, be carried to the refrigerated warehouses designated by the inspection and quarantine institutions for storage. In the meanwhile, the inspection and quarantine institutions shall take samples to make laboratory inspections according to relevant provisions.

Article 15

The following requirements shall be met in sampling:

(1)

The samples shall avoid being polluted in the process of sampling. Special sampling bags shall be used for storing samples or the samples shall be taken with the original packaging. The samples collected shall be kept in a temperature similar to the environment of transportation (may be kept in ice or the cold boxes of the refrigerators or low-temperature refrigerators);

(2)

Labels shall be affixed to the container or sampling bag that contains the samples, indicating the name of the samples, number of the inspection form, source, quantity, place of sampling, samplers, and date of sampling, etc., and a Voucher of Sampling shall be issued.

Article 16

Laboratories shall inspect the sensory features of the samples to see if the freshness, color and odor are normal, whether there is any impure substance such as blood, hair, or ordure, etc, whether there are hemorrhages or gore. Where it is necessary, tests of volatile basic nitrogen (VBN) or braising and steaming may be made.

Article 17

Microbial tests shall be made to the samples of entry meat products and monitors shall be conducted with regard to the physical and chemical indexes such as heavy metals, pesticide remnants, remnants of animal remedies according to the Plan for Controlling Remnants of Harmful Substances in Animal-originated Foods.

The microbiological inspection of meat products include mandatory inspection of the total number of bacteria, salmonellosis, pathogenic colibacillus (including O157 and O157: H7) as well as monitory inspections of listeria monocytogenes, campylobacteriosis, etc. Mandatory inspection of staphylococcus aureus shall also be made to meat products.

According to the situation of epidemic diseases of animals in the exporting country or region, relevant pathogenic and parasitic inspections shall also be made to the meat products that may have been affected by zoonoses or parasites.

Article 18

The inspection and quarantine institutions of the entry ports shall, on the basis of the results of inspections and quarantines, deal with the entry meat products according to the relevant provisions concerning the administration of licenses for entry and exit inspection and quarantine in the following ways:

(1)

If the meat products have passed the inspection and quarantine, a Certificate of Inspection and Quarantine for Entry Goods shall be issued to approve the production, processing and use thereof;

(2)

If the meat products fail to pass the inspection and quarantine, a Notice of Disposal for Inspection and Quarantine shall be issued so as to return, destroy or conduct innocent treatment to the meat products under the supervision of the inspection and quarantine institutions;

(3)

Where it is necessary to claim damages against foreign parties, relevant certificates shall be issued.

Article 19

Before obtaining a Certificate of Inspection and Quarantine for Entry Goods issued by the inspection and quarantine institutions, the consignor or the agent thereof may not transfer, produce, process or use the entry meat products.

Chapter II I Exit Inspection and Quarantine

Article 20

Exit meat products must be pass the inspections and quarantines of the inspection and quarantine institutions before exiting the territory.

Article 21

The General Administration administers the production, processing, and storage of exit meat products by way of registration.

Article 22

The inspection and quarantine institutions shall carry out inspections and quarantines to exit meat products according to the requirements as mentioned below:

(1)

The laws and administrative regulations of China and the requirements of inspection and quarantine as provided by the General Administration;

(2)

The requirements of inspection and quarantine as provided in the agreements, protocols, or memorandums entered into by the Government of the People's Republic of China and the exporting country or region;

(3)

The requirements of inspection and quarantine of the exporting country or region.

Article 23

Inspection and quarantine institutions shall send veterinarians to the enterprises processing exit meat products so as to supervise and administer the whole process of producing, processing, storing, transporting, and exiting of exit meat products. The enterprises that produce, process or store meat products shall provide necessary working conditions for the veterinarians sent by the inspection and quarantine institutions.

The major duties and functions of the veterinarians are:

(1)

Conducting pre-slaughter and post-slaughter inspections and quarantines to the animals to be slaughtered according to the requirements of inspection and quarantine and relevant provisions.

(2)

Supervising and inspecting the safety and hygiene conditions of the processing enterprises in the process of production and processing, and, where it necessary to collect samples, send samples to the laboratory for inspections;

(3)

Fulfilling the duty of sampling as provided in the plans of the state concerning the monitor of remnants and epidemic diseases;

(4)

Being responsible for applying for and keeping the seals and labels needed for the inspection and quarantine of exit meat products, and make records of them.

Article 24

The consignor or agent thereof shall, before producing or processing exit meat products, make preliminary declarations of inspection to the inspection and quarantine institutions of the place where the production or processing enterprise is located.

The inspection and quarantine institutions shall, after accepting the preliminary declaration for inspection, examine and confirm the requirements of inspection and quarantine, and make investigations about the surroundings of the production or processing enterprises, the situation of animal epidemic diseases of the place where the slaughtered animals come from, and the use of pesticides and animal remedies. Approval to production or processing may not granted until the requirements for export have been met.

Article 25

The animals to be slaughtered shall come from the farms that have been registered at or placed on the file of the inspection and quarantine institutions. The relevant measures for the administration of inspection and quarantine of animals to be provided to Hong Kong and Macao shall be referred to in the registration or placing on files.

The breeding of animals to be slaughtered shall be subject to the administration of the production and processing enterprises of exit meat products by way of "five unified administrations" (to wit, unified provision of young chickens, piglets, etc., unified quarantine and sterilization, unified provision of fodder, unified use of medicines, and unified purchase and slaughter). Before taking the animals out of the farm, one shall have obtained a certificate of inspection and quarantine issued by the inspection and quarantine institution of the place where the farm is situated, and the processing factory of exit meat products may conduct the slaughter and processing upon the certificate of the inspection and quarantine institution where it is located.

Article 26

Inspection and quarantine institutions shall monitor the animal epidemic diseases before the slaughtering of animals. Without a Certificate of Passing the Quarantine of Origin of Animals or without passing the monitor of epidemic diseases or the control of remnants, no animal may be slaughtered and processed as exit meat products.

Non-fed animals to be slaughtered shall pass quarantines and pass the inspection of harmful and noxious remnants and substances before being slaughtered.

Article 27

The processing enterprises of exit meat products shall conduct inspections and self-control of microbes and harmful and noxious substances and remnants according to the relevant standards of the state as well as the requirements of the importing country or region.

Article 28

The inspection and quarantine institutions shall make inspections of microbes and harmful and noxious substances and remnants to the exit meat products and monitor the hygiene of the enterprises according to the provisions of Article 22 of the present Measures.

Article 29

The materials to be used for packing exit meat products shall meet the standards of hygiene, and on the packaging boxes (bags) it shall be indicated, according to the requirements of the importing country or region, the name of product, quantity (weight), name of the producing enterprise, registration number, date of production, term of quality guaranty, conditions for storage, etc. Where it is necessary to affix the seal or label of inspection and quarantine, it shall be done according to relevant provisions and under the supervision of veterinarians.

Article 30

Meat products produced or processed under the supervision of veterinarians shall be registered by the veterinarians send by the inspection and quarantine institutions who shall fill in the records of supervision, and on the basis of the inspection results, confirm whether the products are in conformity with the requirements of inspection and quarantine of the importing country or region. If they meet the requirements, a certificate of passing inspection and quarantine shall be issued by the veterinarian for shipment.

Article 31

The consignor or agent thereof shall, before transporting the exit meat products, make a declaration of inspection to the inspection and quarantine institution of the place where the enterprise that has produced or processed the exit meat products by presenting the certificate of passing inspection and quarantine for shipment issued by the veterinarians.

Article 32

The means of transportation for carrying exit meat products must be equipments with excellent airproof and refrigerating performances so as to ensure the temperature required for transportation, and the way of loading shall be able to effectively prevent the meat products from contamination and cleaning and sterilization shall be carried out under the rigid supervision of the inspection and quarantine institutions.

Article 33

The inspection and quarantine institutions shall supervise the loading of exit meat products for shipment. When exit meat products are loaded, the inspection and quarantine institutions shall send staff members to supervise the whole process of loading and fill in the records of loading supervision.

The inspection and quarantine institutions may, where it is necessary, affix labels or seals of inspection and quarantine to the exit meat products, packaging containers, means of transportation, etc. that have passed the inspection and quarantine according to relevant provisions.

Article 34

The inspection and quarantine institutions shall examine the certificate of passing inspection and quarantine, report of inspection results, records of supervision of loading, etc. of exit meat products. If the relevant provisions are met, relevant documents of inspection and quarantine shall be issued; if the relevant provisions are not met, a notice of failing the inspection and quarantine shall be issued.

Article 35

The transit refrigerated warehouses for storing exit meat products shall be subject to registration at the inspection and quarantine institution of the place where they are located and shall accept the supervision and administration thereof.

When exit meat products arrive at the transit refrigerated warehouses, a declaration shall be made to the inspection and quarantine institution of the place where they are located. The inspection and quarantine institution of the place where the transit refrigerated warehouse is located shall supervise that they are put into the warehouses by way of the certificates of inspection and quarantine issued by the inspection and quarantine institutions where the production and processing enterprises are located.

When exit meat products are taken out of the warehouses, the certificates shall be exchanged by the inspection and quarantine institutions of the place where the transit warehouses are located.

Article 36

Refrigerant exit meat products shall be carried out of the territory within 6 months after they are produced or processed, and iced fresh meat products shall be carried out of the territory within 72 hours after they are produced or processed. Where the government of the importing country or region has different requirements, such requirements shall be implemented.

Article 37

The General Administration practices the system of administration by way of archivist files to the veterinarians to whom certificates of inspection and quarantine have been issued.

Chapter IV Supplementary Provisions

Article 38

Any consignor or agent thereof of entry and exit meat products who violates the provisions of the present Measures shall be punished by the inspection and quarantine institutions according to the provisions of relevant laws and regulations.

Article 39

The inspection and quarantine institutions and the staff members thereof shall, when executing inspections and quarantines as well supervision and administration to the entry and exit meat products, rigidly enforce the law according to the statutorily prescribed duties and functions and statutory procedures, observe professional ethics, be devoted to their duties and providing services politely. Any one who violates the provisions of the laws or regulations or the present Measures shall be investigated by the entity or superior organ that he belongs according to relevant provisions.

Article 40

The power to interpret the present Measures shall remain with the State General Administration of Quality Inspection.

Article 41

The present Measures shall enter into force as of October 1, 2002.

Attachment:Inspection and Quarantine Requirements of Refrigerated Storage Warehouses Designated for Entry Meat Products Attachment:Inspection and Quarantine Requirements of Refrigerated Storage Warehouses Designated for Entry Meat Products

(I)

The basic conditions of the designated refrigerated storage warehouses:

1.

They should be conveniently located and within the jurisdiction of the entry port, have operation spaces that facilitate carriage, and the volume of the refrigerated warehouse should be up to 3,000 tons (except the refrigerated warehouses owned by the enterprises processing with materials supplied by customers;

2.

They must be located within the area without sources of pollution, the hygiene of the environment should meet the requirements for protecting the environment, and the road surface of the warehouses should be paved with cement and be smooth and not subject to water accumulations.

3.

The warehouses are airtight and equipped with facilities for preventing worms, mice and mildew proof;

4.

The temperature of the warehouses shall remain under ?C18¡æ, and the difference in temperature between the day and night shall be less than 1 ¡æ;

5.

There shall not be any dirt, strange odor, and they shall be neat and clean, and properly arranged;

6.

They shall be automatic temperature recording equipments, and inside the warehouses there shall be non-mercury thermometers;

7.

A sanitation and quality system shall be set up that includes the following elements:

a.

guiding policies of sanitation and quality as well as the target of sanitation and quality;

b.

institutions and the duties thereof;

c.

administration of production personnel;

d.

requirements of environmental sanitation;

e.

sanitation requirements of the refrigerated warehouses and equipments;

f.

control of storage and transportation sanitation;

g.

quality recording control;

h.

interior inspection of the quality system.

(II)

Administration of delivery into warehouses

1.

For the meat products that are required to be stored in the designated refrigerated warehouses, the original of the first sheet of the Document of Customs Clearance of Entry Goods as issued by the inspection and quarantine institutions shall be subject to inspection and a photocopy thereof shall be kept;

2.

If any of the following circumstances occurs, none of the goods may be put into the warehouses, and the inspection and quarantine institutions shall be informed without delay:

a.

The documents are not in conformity with the goods or the good are unpacked, assembled or neutrally packed, or the packing does not meet the requirements of inspection and quarantine;

b.

The goods have gone bad or have strange odor.

3.

Different products (including different brands, different places of origin, different time of putting into the warehouse, and different consignors) shall not be mixed and piled in a same area of the warehouses. The home products may not be stored in a same warehouse with entry products. The corridors shall be kept clean and nothing may be placed in the way;

4.

The designated warehouses of storage shall have a system of inspection of registration for delivery into the warehouses, and special persons shall be designated to take charge of the warehousing registration of entry meat products (including the registration of the information about the goods and the consignor), the sanitation and quarantine as well as the supervision and quarantine work of the inspection and quarantine institutions.

5.

For delivery into the designated refrigerated warehouses, the Handbook for the Quality Supervision of Entry Meat Products Stored in Designated Refrigerated Warehouses shall be filled in for the inspection and verification of the inspection and quarantine institutions.

6.

In case any unlawfully imported meat products are found in any designated refrigerated warehouse, it shall be reported to the inspection and quarantine institutions without delay.

(III)

Administration of delivery out of warehouses

1.

For the entry meat products that are delivered out of the designated refrigerated warehouses, the original of the first sheet of the Certificate of Inspection and Quarantine of Entry Goods as issued by the inspection and quarantine institutions shall be subject to inspection and a photocopy thereof shall be kept;

2.

When products are delivered out of the warehouses, a special person shall take charge of the registration of delivery out of the warehouses;

3.

After products are delivered out of the warehouses, the remnants thereof shall be cleaned away and effective sterilization shall be done in good time.

(IV)

Supervision

1.

The designated refrigerated warehouses shall provide necessary inspection and quarantine as well as supervision facilities to the inspection and quarantine personnel;

2.

The supervision of the designated warehouses shall be done by the inspection and quarantine institutions directly under the General Administration, which shall include: to send staff members regularly or irregularly to the designated warehouses to inspect the storage, registration of delivery into and out of the warehouses, the operation of the quality system, the compliance to the laws and regulations concerning inspection and quarantine, etc; to see whether unlawfully imported meat products are stored therein, whether they have failed to report to the inspection and quarantine institutions about unlawfully imported meat products, and whether the goods have been unpacked without authorization or the labels or seals of inspection and quarantine have been destroyed during the storage of the products;

3.

If, in the process of inspections, the inspection and quarantine institution finds out any violation of the relevant provisions, it shall order the offender to mend up within a prescribed period of time. If the circumstances are serious, it may give a warning or suspend the storage or the entry meat products or cancel the qualifications of the designated refrigerated warehouses.

4.

The designated warehouses shall report its monthly statistical statements of entry meat products that are delivered into and out of the warehouses of the preceding month to the inspection and quarantine institutions and shall accept the inspection of the inspection and quarantine institutions;

5.

To mend or change the structure of the designated refrigerated warehouses due to other reasons, approval of the inspection and quarantine institutions shall be obtained and a good job shall be done in quarantine under the guidance thereof;

6.

The wastes that are produced in the process of delivering entry meat products into or out of the warehouses shall be destroyed in harmless ways at designated places as pursuant to the requirements of the inspection and quarantine institutions concerned;

7.

When the inspection and quarantine institutions effects quarantine supervisions to the designated refrigerated warehouses, the persons-in-charge of the warehouses shall give cooperation and may not conceal anything or refuse the inspections.