How does the customs check the export food registration plantation

Food is the most important thing for the people, and food comes first. The customs is the supervision and administration department for import and export food safety specified in the food safety law of the people's Republic of China (hereinafter referred to as the food safety law). The newly revised administrative measures for import and export food safety of the people's Republic of China (hereinafter referred to as the administrative measures) has been formally implemented since January 1, 2022, which defines the specific measures for the customs to supervise the import and export food safety. Customs verification is an important part of the customs follow-up supervision chain. Articles 41 and 65 of the administrative measures provide legal support for the follow-up supervision of export food record planting farms through verification.

Q: Why should the customs check the export food record planting farms?

A: In order to verify whether the plantation continues to meet the filing requirements, the customs will check the basic information, planting management, control of agricultural inputs, pest control, harvesting and sales, product testing, production records and quality tracing of the export food raw material plantation under the filing management.

Q: According to which regulations does the customs check the export food record planting farms?

A: According to Article 91 of the food safety law, the state entry exit inspection and quarantine department shall supervise and manage the safety of imported and exported food.

According to Article 39 of the administrative measures, the customs shall supervise and administer the exported food according to law. The supervision and management measures for export food include: the filing of export food raw material planting and breeding farms, the filing of export food production enterprises, enterprise verification, document verification, on-site inspection, supervision and sampling inspection, port spot check, overseas notification verification and combinations of various items. In accordance with the provisions of Article 41, the customs shall, in accordance with the law, supervise the raw material planting and breeding farms by means of data review, on-site inspection and enterprise verification. According to the provisions of Article 65, the customs shall, in accordance with the law, carry out inspection and verification on the producers and operators of imported and exported food, as well as the planting and breeding farms of raw materials for the record.

According to Article 13 of the provisions on the record management of export food raw material planting farms (hereinafter referred to as the administrative provisions), the local inspection and quarantine institutions of the planting sites shall supervise and inspect the record planting farms at least once a year.

Q: What are the main aspects of the verification of the export food record and the plantation implemented by the customs?

A: The customs mainly carries out verification on the verified and filed plantations from the following aspects: the conditions of the plantations and the surrounding environment, soil and irrigation water; Management and use of agricultural inputs; Prevention and control of plant diseases and pests; Planting varieties, area, harvesting and sales; Changes in the qualifications of the plantation and the plant protection personnel; Operation of quality and safety management system; Production records of the plantation, including the issuance of raw material supply certificates; Other contents specified by laws and regulations.

Q: What materials should be prepared by the export food registration plantation when accepting the verification?

A: During the verification, the verified and filed plantation shall prepare the following information:

The first is the basic information of the plantation, including the business license, the Filing Certificate, the layout of the plantation, the quality of air, soil and irrigation water, the pollution of the plantation and its surroundings, the location of the plantation, the planting and isolation of crops around the plantation, the plane distribution and identification of the site plot, Quality and safety management system documents (including but not limited to organization, agricultural input use management system, toxic and harmful substance control system, production and traceability record system, pest control system, etc.), list of qualified suppliers, etc.

The second is the planting management, including the actual planting varieties, area and output, the field farming conditions such as sowing, fertilization, watering and weeding, and the controlled application of main crop varieties and agricultural inputs.

The third is the control of agricultural inputs, including the management departments or personnel of agricultural inputs, the list of qualified suppliers of agricultural inputs, the purchase, storage, distribution and application of agricultural inputs, and the prohibited and restricted use of agricultural inputs.

Fourth, the prevention and control of diseases and pests, including the occurrence of major diseases and pests, comprehensive measures for prevention and control of diseases and pests, monitoring of diseases and pests, performance of plant protection personnel, etc

The fifth is the harvesting and sales situation, including the capacity and sanitary conditions of the simple processing or storage site on the spot after harvesting, the signing, sales, flow direction and supply quantity of raw materials for export food, the feedback of export food production and processing enterprises on the quality of raw materials, the Supply Certificate of raw materials, the customs declaration, and the shipment list of export vegetables.

Sixth, product testing, including toxic and harmful substance testing capacity, entrusted toxic and harmful substance testing institutions, registration of toxic and harmful substance testing results of enterprises, traceability of unqualified products, treatment of unqualified products, etc.

7. Production record archives and quality traceability, including record management of planting, agricultural inputs, pest monitoring and prevention, product batch traceability management, export food supply certification documents, authenticity, effectiveness, timeliness and completeness of production quality records, establishment of production quality record archives and timely filing, and storage period of production records.

Q: When the customs carries out verification, which personnel of the verified export food record planting farm should be present?

A: The legal representative or principal person in charge of the verified and filed plantation or its designated representative shall be present and be responsible for signing and receiving the customs legal documents on the materials provided to the customs.

Q: Under what circumstances will the customs inform the verified and filed plantation to rectify within a time limit?

A: According to the provisions of the administrative provisions and the measures for the supervision and administration of inspection and Quarantine of vegetables supplied to Hong Kong and Macao, the customs shall notify the verified and registered planting farms to rectify within a time limit in case of any of the following circumstances: the surrounding planting environment has pollution risk; Storing prohibited pesticides in China and importing countries (regions) and using pesticides not in accordance with regulations; The test results of toxic and harmful substances in the products are unqualified; The toxic and harmful substances detected in the products are obviously inconsistent with the declared agricultural inputs such as pesticides and fertilizers; Failure to apply for change within 30 days after the change of the person in charge of the plantation and the plant protection personnel; The actual supply of raw materials exceeds the production capacity of the plantation; The records of the plantation are incomplete and the relevant systems are not effectively implemented; For the discovery of quarantine pests in Hong Kong and Macao vegetable planting bases; The pesticide residues or toxic and harmful substances in vegetables supplied to Hong Kong and Macao vegetable planting bases exceed the standard; For Hong Kong and Macao vegetable planting base annual audit unqualified; Other matters that need to be corrected according to laws and regulations.

Q: Under what circumstances can the customs cancel the registration number of the registered plantation?

A: According to the administrative provisions and the measures for the supervision and administration of inspection and Quarantine of vegetables supplied to Hong Kong and Macao, the customs may cancel the registration number of the registered plantation under any of the following circumstances: transferring, borrowing or altering the registration number of the plantation; Concealing or falsely reporting major epidemic situation and quality and safety problems; Refusing to accept the supervision and inspection of the customs inspection and quarantine institution; Using pesticides prohibited by China or importing countries (regions); The toxic and harmful substances in the products exceed the standard for two times within one year, and the pesticide residues or toxic and harmful substances in vegetables for Hong Kong and Macao vegetable planting bases exceed the standard for three times within one year; Using raw materials of other plantations as raw materials of this plantation; The subject of the plantation filing has changed its name, the location or area of the plantation has changed significantly, the plantation and the surrounding planting environment have changed significantly, and other major changes have occurred, and the subject of the plantation filing has not applied for filing again as required; Those who have not planted or provided food raw materials for export within 2 years, and those who have not planted vegetable raw materials for Hong Kong and Macao within 1 year; The pesticide residues of vegetables supplied to Hong Kong and Macao vegetable planting bases are inconsistent with the declaration or pesticide application records; The actual supply volume for Hong Kong and Macao vegetable planting base exceeds the supply capacity of the base for three times within one year; For Hong Kong and Macao vegetable planting bases that fail to apply for annual review or extension of filing qualification within the time limit; If the vegetable planting base for Hong Kong and Macao fails to pass the annual review, it shall be ordered to rectify within a time limit, and if it is still unqualified after rectification; Other circumstances stipulated by laws and regulations.

Q: If there are violations, what legal liabilities will the filed plantation bear?

A: Those who violate the relevant regulations will be warned, fined and other administrative penalties; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law.

The article is from China Customs magazine, July 2022

Author: Xu Haoran, song Fang, Zhang Yongming author unit: Taiyuan customs

Note: the contents of this document are for reference only. Please consult the competent customs for specific business requirements.

Source: China Customs magazine