Decree of the State Administration of Quality Supervision, Inspection and Quarantine
No. 91 The Measures for Supervising and Administering the Inspection and Quarantine of Outbound Fruits were deliberated and adopted at the December 25, 2006 Measures Supervising and Administering the Inspection and Quarantine of Outbound Fruits Article 1 For the purpose of regulating the inspection and quarantine as well as supervision and administration of outbound fruits, and improving Article 2 The inspection and quarantine as well as the supervision and administration of the outbound fresh fruits (including frozen fruits, Article 3 The inspection and quarantine as well as the supervision and administration of outbound fruits throughout China shall be uniformly The entry and exit inspection and quarantine institution set up at each locality by the SAQSIQ (hereinafter referred to as the inspection Article 4 In case any bilateral agreement or protocol, etc., which are entered into between China and the importing country or region, definitely In case neither bilateral agreement or protocol between China and the importing country or region provisions clearly, nor does any 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 (4) It has established a sound quality management system. The quality management system documents shall include related materials concerning (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 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 (2) The depositing, processing, treatment and storage functional areas of fruits are independent relatively, the layout is reasonable, (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 (5) It has established a sound hygienic quality management system, including the management in the steps of supply, processing, packing (6) Full-time or part-time plantation custodians are equipped to be in charge of implementing the epidemic prevention measures in the (7) It possesses orchards that are suitable for its processing capacity and supply fruits, or has established stable supply relationships (8) In case particular provisions regarding the registration in any bilateral agreement, protocol or any law or regulation of the importing Article 7 When applying for registration, an orchard shall apply to the local inspection and quarantine institution in written form, and the (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 (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, (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 (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 The inspection and quarantine institution shall, after accepting the application, check the application materials provided by the Article 10 An inspection and quarantine institution shall make a decision on permitting or not permitting the registration within 20 work days In case an application is accepted by a branch inspection and quarantine institution, who shall, finish the preliminary examination The directly subordinate inspection and quarantine bureau shall report the SAQSIQ the name list of the registered orchards and packing 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 Article 12 A registered orchard or packing factory shall apply to the inspection and quarantine institution for going through alteration formalities (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 (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 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 Article 16 Effective measures shall be taken by the orchard or packing factory of outbound fruits to monitor, prevent and comprehensively manage The packing materials used for outbound fruits shall be clean and hygienic, never used, and satisfy related standards on hygienic Article 17 The contents subject to The inspection and quarantine institution shall conduct supervision and administration on the orchard of (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 Article 18 The contents subject to the inspection and quarantine institution shall conduct supervision and administration on the packing factory (1) the situation on the environment and hygienic of the packing factory, the use of the production facilities and packing materials, (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 (6) the implementation of related provisions in the bilateral agreement, protocol or laws and regulations of the importing country or Article 19 The inspection and quarantine institution shall order it to make rectifications within a time limit, and shall not accepting its application (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, (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 (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 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 With respect to outbound fruits carried to the packing factory beyond the jurisdiction of the local inspection and quarantine institution, 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 When applying for quarantine, the party concerned shallprovide a photocopy of the registration certificate in addition if the outbound 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 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 (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 (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 (3) to inspect whether the fruits are accompanied with polypides, disease symptoms, branches, leaves, soil, and condition of plant disease Article 27 Exit inspection and quarantine as well as daily supervision and administration shall be implemented on outbound fruits by the inspection The related inspection and quarantine certificates such as the inspection and quarantine certificate, the customs release list f, In case the outbound fruits are found unqualified from inspection and quarantine, the inspection and quarantine institution shall 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 (2) The term “packing factory” refers to a fixed place for selecting, classifying, processing, packing, storing fruits after collection (3) The term “frozen fruits” refers to fruits which stored or transported below -18fter 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 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, 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. |
The State Administration of Quality Supervision, Inspection and Quarantine
2006-12-25