Laws of the People's Republic of China

No. 91

The Measures for Supervising and Administering the Inspection and Quarantine of Outbound Fruits were deliberated and adopted at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine on November 27, 2006 They are hereby promulgated, and shall go into effect as of February 1, 2007. Director General Li Changjiang

December 25, 2006

Measures Supervising and Administering the Inspection and Quarantine of Outbound Fruits Chapter I General Rules

Article 1

For the purpose of regulating the inspection and quarantine as well as supervision and administration of outbound fruits, and improving the quality and safety of outbound fruits, these Measures are constituted according to the Law of the People's Republic of China Concerning the Entry and Exit Animal and Plant Quarantine and the Regulations for the Implementation Thereof, the Law of the People's Republic of China Concerning Import and Export Commodity Inspection and the Regulations for the Implementation Thereof, the Food Hygiene Law of the People's Republic of China, as well as other related laws and regulations.

Article 2

The inspection and quarantine as well as the supervision and administration of the outbound fresh fruits (including frozen fruits, hereinafter referred to as fruits) of China shall be governed by these Measures.

Article 3

The inspection and quarantine as well as the supervision and administration of outbound fruits throughout China shall be uniformly administered by the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ).

The entry and exit inspection and quarantine institution set up at each locality by the SAQSIQ (hereinafter referred to as the inspection and quarantine institution) shall be responsible for the inspection and quarantine as well as supervision and administration of the outbound fruits within its own jurisdiction.

Article 4

In case any bilateral agreement or protocol, etc., which are entered into between China and the importing country or region, definitely stipulates, or any law and regulation of the importing country or region requests, that the orchard and the packing factory of the fruits imported to that country or region shall be registered, the inspection and quarantine institution shall register the orchard and the packing factory of the fruits exported to that country or region in accordance with legal provisions.

In case neither bilateral agreement or protocol between China and the importing country or region provisions clearly, nor does any law or regulation of the importing country or region so require clearly, the orchard or the packing factory of the outbound fruits may file an application for registration to the inspection and quarantine institution.

Chapter II Registration

Article 5

When applying for registration, an orchard of outbound fruits shall satisfy the following conditions:

(1)

It plants fruits within a whole area of 100 mu or more;

(2)

No polluting source, which affects the production of fruits, exists around,;

(3)

It has full-time or part-time plantation custodians who are responsible for monitoring, preventing and controlling harmful organisms within the orchard;

(4)

It has established a sound quality management system. The quality management system documents shall include related materials concerning organizational structure, staff trainings, monitoring and control of harmful organisms, use and management of agricultural chemicals as well as nice agricultural operation norms, etc.;

(5)

No major epidemic circumstance of plant has occurred within the latest two years; and

(6)

Where any bilateral agreement, protocol or any law or regulation of the importing country or region has particular provisions regarding the registration, such provisions shall also apply.

Article 6

When applying for registration, a packing factory of outbound fruits shall satisfy the following conditions:

(1)

The factory area is neat and clean, and possesses raw material sites and finished product warehouses satisfying the requirements for storing fruits;

(2)

The depositing, processing, treatment and storage functional areas of fruits are independent relatively, the layout is reasonable, and measures are taken to separate the functional areas from the living area and a proper distance between them shall be maintained;

(3)

It has the facilities for washing, processing, anti-pest, anti-disease and disinfection treatment, which satisfy quarantine requirements;

(4)

The water sources and agricultural chemicals, which are used to process the fruits, must satisfy the related requirements on food hygiene and those of the importing country or region;

(5)

It has established a sound hygienic quality management system, including the management in the steps of supply, processing, packing and storage, etc. of fruits; and has detailed records on the information about the sources of fruits, measures for prevention and monitoring epidemic and tests of harmful organisms, toxic and harmful substance;

(6)

Full-time or part-time plantation custodians are equipped to be in charge of implementing the epidemic prevention measures in the steps of inspection, acceptance, processing, packing and depositing, etc. of raw material fruits, controlling toxic and harmful substances, treating abandoned fruits, self-testing finished fruits, and so on;

(7)

It possesses orchards that are suitable for its processing capacity and supply fruits, or has established stable supply relationships with the supplying orchards; and

(8)

In case particular provisions regarding the registration in any bilateral agreement, protocol or any law or regulation of the importing country or region exist, such provisions shall also apply.

Article 7

When applying for registration, an orchard shall apply to the local inspection and quarantine institution in written form, and the following materials (in duplicate) shall be submitted:

(1)

the Application Form for the Registration of the Orchard of Outbound Fruits;

(2)

the effective certifications on lawful operation and management of the orchard (effective certifications on contracting, lease or use of the land of the orchard), the sketch map and ichnography thereof;

(3)

documents in respect of quality management system of the orchard; and

(4)

a photocopy of related qualification certificates or corresponding technical diplomas of the plantation custodians.

Article 8

When applying for registration, a packing factory shall apply to the local inspection and quarantine institution in written form, and the following materials (in duplicate) shall be submitted:

(1)

the Application Form for the Registration of the Packing Factory of Outbound Fruits;

(2)

a photocopy of the business license;

(3)

the ichnography of the packing factory area, the workflow and a brief introduction thereon;

(4)

a name list of the orchards supplying fruits, and a photocopy of the related contracts on production and purchase of fruits, which are entered into between the packing factory and each orchard; and

(5)

documents on hygienic quality management system .

Article 9

An inspection and quarantine institution shall check the application materials pursuant to legal provisions, determine whether they are complete and satisfy the requirements as specified in the related provisions, make a decision on accepting or not accepting the application, and issue a written voucher. In case the submitted materials are incomplete or irregular, it shall notify the applicant make supplement once for all to either on the spot or within 5 working days after receipt of the application. In case it fails to inform the applicant within the time limit, it shall be considered to have accepted the application as of its receipt of the application materials.

The inspection and quarantine institution shall, after accepting the application, check the application materials provided by the orchard or the packing factory of outbound fruits applying for registration, and organize an expert panel to assess on the spot.

Article 10

An inspection and quarantine institution shall make a decision on permitting or not permitting the registration within 20 work days (excluding the time of on-the-spot assessment) as of its receipt of the application.

In case an application is accepted by a branch inspection and quarantine institution, who shall, finish the preliminary examination of the application materials within 10 work days as of receipt of the application; where the application is found to be qualified from the preliminary examination, it shall be submitted to the directly subordinate entry and exit inspection and quarantine bureau (hereinafter referred to as the directly subordinate inspection and quarantine bureau), who shall make a decision on permitting or not permitting the registration within 10 work days.

The directly subordinate inspection and quarantine bureau shall report the SAQSIQ the name list of the registered orchards and packing factories to for archival filing.

Article 11

The valid term of a registration certificate shall be 3 years. The orchard or the packing factory shall apply for change of the certificate to the local inspection and quarantine institution 3 months prior to the expiry of the valid term of the registration certificate.

Article 12

A registered orchard or packing factory shall apply to the inspection and quarantine institution for going through alteration formalities under any of the following circumstances:

(1)

The orchard enlarges the plantation area;

(2)

The orchard's contract undertaker, principle, or plantation custodians have been altered;

(3)

The packing factory's legal representative or principle has been altered;

(4)

The registered orchard supplying fruits to the packing factory has been altered;

(5)

The variety of the packing factory's processed fruits has been altered ; or

(6)

Other major alterations.

Article 13

A registered orchard or packing factory shall re-apply to the inspection and quarantine institution for registration under any of the following circumstances:

(1)

The orchard has changed the location or the variety of the fruits;

(2)

The packing factory has been rebuilt, enlarged and moved; or

(3)

Other major changes.

Article 14

In case any bilateral agreement or protocol, etc., which is entered into between China and the importing country or region definitely provisions, or any of the laws and regulations of the importing country or region requests, that the orchard and the packing factory importing fruits to that country or region shall be registered, the orchard or the packing factory of the outbound fruits shall not export fruits to the countries concerned until the SAQSIQ has recommend it in a centralized way, and the inspection and quarantine department of the importing country or region has accredited it.

Chapter III Supervision and Administration

Article 15

An inspection and quarantine institution shall monitor the harmful organisms as well as supervise and administer the toxic and harmful substances in the orchards and the packing factories of outbound fruits within its jurisdiction. The monitoring result and the supervision situation shall be taken as the important basis for classified administration of the outbound fruits for inspection and quarantine.

Article 16

Effective measures shall be taken by the orchard or packing factory of outbound fruits to monitor, prevent and comprehensively manage harmful organisms so as to avoid and control the occurrence of the quarantine of harmful organisms to which the importing country or region attaches importance. The orchard or packing factory of outbound fruits shall conform to the related regulations and standards, safely and reasonably utilize agricultural chemicals, and shall not buy, store or utilize the chemicals, which are forbidden from being used on fruits by China or the importing country or region.

The packing materials used for outbound fruits shall be clean and hygienic, never used, and satisfy related standards on hygienic quality. In case particular requirements are made by the importing country or region, the fruits packing boxes shall indicate the fruit variety, the origin place, the name or code of the orchard and the packing factory, and other related information as required.

Article 17

The contents subject to The inspection and quarantine institution shall conduct supervision and administration on the orchard of outbound fruits in terms of the following contents:

(1)

the surrounding environment of the orchard, the circumstances of the fruit growth, and the situation on the managers;

(2)

the happening, monitoring, prevention and control of harmful organisms of the orchard, and related records thereof;

(3)

the deposition situation of the agricultural chemicals of the orchard, and records on purchasing, obtaining and using them;

(4)

the records on the checking toxic and harmful substances of the fruits in the orchard; and

(5)

the situation on implementing related provisions in the bilateral agreement, protocol or laws and regulations of the importing country or region.

Article 18

The contents subject to the inspection and quarantine institution shall conduct supervision and administration on the packing factory of outbound fruits in terms of the following contents:

(1)

the situation on the environment and hygienic of the packing factory, the use of the production facilities and packing materials, and the situation on the managers;

(2)

the situation on the disposition of the chemicals as well as purchase, obtainment and use records thereof;

(3)

the related records on the sources, processing, self-test, storage and export, etc. of the fruits;

(4)

the records on check and control of the toxic and harmful substances of the fruits;

(5)

the use of facilities for refrigeration, the hygienic circumstances on preventing epidemic, and the records on controlling humidity and temperature; and

(6)

the implementation of related provisions in the bilateral agreement, protocol or laws and regulations of the importing country or region.

Article 19

The inspection and quarantine institution shall order it to make rectifications within a time limit, and shall not accepting its application for quarantine until it is found qualified after the rectification, if an orchard or packing factory of outbound fruits is under any of the following circumstances,:

(1)

It fails to use agricultural chemicals pursuant to provisions;

(2)

Any environmental pollution source exists around;

(3)

The packing factory's fruits has an unclear source;

(4)

The fruits sourcing differently within the packing factory are blended, have none measures on separation and epidemic prevention, and are hard to be distinguished from each other;

(5)

It fails to indicate the related information or add marks on packages pursuant to the legal provisions;

(6)

The quarantine treatment facilities of the packing factory encounter with a major technical problem;

(7)

The inspection and quarantine institution, upon quarantine, finds that any harmful organism or toxic and harmful substance to which importance is attached abroad exceeds the standard; or

(8)

The importing country or region, upon quarantine, finds that any harmful organism or toxic and harmful substance exceeds the standard.

Article 20

An inspection and quarantine institution shall make annual checks on the registered orchard and packing factories of outbound fruits before the fruits collection quarter in each year, and if any orchard and packing factory is assessed to be unqualified from the annual checks, it shall make a rectification within a time limit.

Article 21

A registered orchard or packing factory of outbound fruits shall be disqualified from registration under any of the following circumstances:

(1)

failing to satisfy the requirements after making a rectification within a time limit;

(2)

concealing or reporting by omission any problem of quality and safety;

(3)

refusing to accept the supervision and administration of the inspection and quarantine institution; or

(4)

failing to re-apply for registration according to Article 13 .

Article 22

The orchard shall build up stable supply and cooperation relationships with the packing factory of outbound fruits. The packing factory shall require the orchard to intensify the monitoring, prevention and control of the epidemic situation as well as toxic and harmful substances so as to ensure the provision of high-quality and safe fruits.

With respect to outbound fruits carried to the packing factory beyond the jurisdiction of the local inspection and quarantine institution, a registered orchard shall apply to the local inspection and quarantine institution for the supply testimonial of the origin place with such information as the name and quantity of the fruits, the name or registration number of the orchard, etc clearly indicated.

Chapter IV Exit Inspection and Quarantine

Article 23

The party concerned shall apply for quarantine of outbound fruits to the inspection and quarantine institution at the place where the packing factory is located, and submit related documents according to the provisions on the application for quarantine.

When applying for quarantine, the party concerned shallprovide a photocopy of the registration certificate in addition if the outbound fruits come from a registered orchard or packing factory; the inspection and quarantine institution at the locality of the registered orchard shall issue a fruit supply testimonial of the origin place for any other registered orchard out of the jurisdiction; the party concerned shall clearly indicate the name, address and other information of the sourcing orchard or packing factory on the application list for quarantine if the outbound fruits come from an unregistered orchard or packing factory.

In case the source of outbound fruits is not clear, the application for quarantine shall not be accepted.

Article 24

In accordance with provisions of the importing country or region on inspection and quarantine of inward fruits and the registered information on the orchard or the packing factory, an inspection and quarantine institution shall, implement corresponding exit inspection and quarantine measures combined with daily supervision and administration.

Article 25

An inspection and quarantine institution shall, in light of the following requirements, inspect and quarantine outbound fruits:

(1)

the bilateral agreements on quarantine entered into between China and the importing country or region (containing agreements, protocols and memorandums, etc.);

(2)

the provisions or requirements on inspection and quarantine of inward fruits of the importing country or region;

(3)

international plant quarantine measures and standards;

(4)

provisions on the inspection and quarantine of outbound fruits of China; and

(5)

the requirements on inspection and quarantine set forth in the trade contract and letter of credit, etc.

Article 26

An inspection and quarantine institution shall, according to relevant work procedures and technical standards, conduct the on-the-spot inspection and quarantine and laboratory test:

(1)

to check whether the goods are consistent with the documents;

(2)

to check whether the related information about the plant quarantine certificate and the packing boxes satisfy the requirements of the importing country or region;

(3)

to inspect whether the fruits are accompanied with polypides, disease symptoms, branches, leaves, soil, and condition of plant disease or insect pest. In case a suspicious epidemic situation is found, the related samples and disease polypides shall be sent to the laboratory for quarantine and authentication according to the related provisions.

Article 27

Exit inspection and quarantine as well as daily supervision and administration shall be implemented on outbound fruits by the inspection and quarantine institution.

The related inspection and quarantine certificates such as the inspection and quarantine certificate, the customs release list f, or the voucher on re-issuance of the certificate for the outbound goods, etc. shall be issued according to the related provisions where the outbound fruits are found qualified from inspection and quarantine, and the outbound goods shall be permitted to exit. In case outbound goods have not been inspected and quarantined or are found unqualified from the inspection and quarantine, they may not be permitted to exit.

In case the outbound fruits are found unqualified from inspection and quarantine, the inspection and quarantine institution shall feed back related circumstances to the orchard or the packing factory of outbound fruits, help investigate the reason, and take improvement measures. In case the orchard or the packing factory of outbound fruits is not within its jurisdiction, the inspection and quarantine institution carrying out the inspection and quarantine shall timely notify related circumstances to the local inspection and quarantine institution at the place where the orchard or the packing factory of outbound fruits is located.

Chapter V Supplementary Rules

Article 28

The following terms as mentioned in these Measures shall mean as follows:

(1)

The term "orchard" shall refers to a piece of land to continuously plant a single variety of fruits without being separated by barriers (including road, channel or speedway, etc.).

(2)

The term "packing factory" refers to a fixed place for selecting, classifying, processing, packing, storing fruits after collection or for other operations in series, and may, in general, contain a preliminary selection area, a processing and packing area, or a storage warehouse, etc.

(3)

The term "frozen fruits" refers to fruits which stored or transported below -18¡æ after processed.

Article 29

In case any entity or individual concerned goes against the Law of the People's Republic of China Concerning the Entry and Exit Animal and Plant Quarantine and the Regulations for the Implementation Thereof, the Law of the People's Republic of China Concerning Import and Export Commodity Inspection and the Regulations for the Implementation Thereof as well as the Food Hygiene Law of the People's Republic of China, the inspection and quarantine institution shall punish it/him according to the related provisions.

Article 30

If any of the following circumstances occurs, the inspection and quarantine institution may impose a fine of below 30,000 Yuan:

(1)

to blend the fruits sourced from a registered orchard or packing factory with that from an unregistered orchard or packing factory;

(2)

to embezzle the registration number of the orchard or the packing factory;

(3)

to forge or alter a supply certificate of the origin place;

(4)

to replace the fruits that are found to be qualified from inspection and quarantine; or

(5)

to conduct other acts with violation of these Measures, which causes serious safety or hygienic quality accidents.

Article 31

In case any inspection or quarantine staff member exerts fraud for private purposes, neglects duties, or go against any related law, regulation or these Measures, administrative sanctions shall be imposed on him according to law; if the circumstance is serious, and a crime is established, criminal liabilities shall be investigated on him according to law.

Article 32

The SAQSIQ shall be responsible for the interpretation of these Measures.

Article 33

These Measures shall go into effect as of February 1, 2007.