Regulations on the Administration of Registration for Overseas Food Production Enterprises New Rules

Effective January 1, 2022, China officially implements the 2021 version of the "Regulations on the Administration of Registration for Overseas Food Production Enterprises." This new regulation is a specific measure to fully implement the decisions and deployments of the "Opinions on Deepening Reform and Strengthening Food Safety Work" and the "Healthy China 2030" Plan Outline.

Highlights of the New Rules

1. Expansion of the Registration Scope for Overseas Production Enterprises:
   The scope has been expanded from the food production enterprises listed in the original "Implementation Directory for the Registration of Overseas Food Production Enterprises" to all categories of food production enterprises stipulated in the "Food Safety Law of the People's Republic of China."

2. Introduction of the Risk Management Principle from the "Food Safety Law of the People's Republic of China" into the New Regulation:
   Comprehensive consideration is given to factors such as the source of raw materials, production and processing technology, food safety historical data, consumer groups, and consumption methods, combined with international practices. The registration management work for relevant enterprises is implemented through a dual-track system of "official recommendation registration" and "enterprise self-application."

3. Further Clarification of Enterprise Main Responsibility:
   - Enterprises applying for registration should establish an effective food safety and hygiene management and protection system and meet the requirements for exporting food to China.
   - They are responsible for the authenticity, completeness, and legality of the submitted materials.
   - Registered enterprises should proactively suspend exporting to China if they find they do not meet registration requirements.

4. Clarification of the Responsibilities of Overseas Competent Authorities for Review, Recommendation, and Supervision:
   - They should audit and inspect the enterprises they recommend for registration to confirm they meet registration requirements.
   - They should supervise registered enterprises to ensure continuous compliance with registration requirements.
   - They are responsible for the authenticity, completeness, and legality of the submitted materials.