In order to further strengthen the safety supervision of imported food and cosmetics and ensure their traceability, China Customs has carried out comprehensive inspections on food and cosmetics importers in accordance with the Food Safety Law of the People's Republic of China and its implementing regulations, the Measures for the Administration of Import and Export Food Safety of the People's Republic of China, and the Measures for the Supervision and Administration of Inspection and Quarantine of Import and Export Cosmetics. These inspections are not only an important means to protect the health of consumers, but also a legal responsibility that importers must strictly abide by.
Main contents of verification and legal responsibilities of food and cosmetics importers
1. Food import inspection
Establish and maintain import and sales record systems
According to Article 98 of the Food Safety Law of the People's Republic of China and Article 21 of the Measures for the Administration of Import and Export Food Safety of the People's Republic of China, importers shall truthfully record the following information:
- Food Name
- Net content/Specifications
- quantity
- Production Date
- Production or import batch number
- Shelf life
- Name, address and contact information of overseas exporters and buyers
These records must be complete and well-preserved to ensure that they can be traced when necessary. The formats of food import records, sales records, and complaints and recall records of imported food sales recipients can refer to Annexes 1 to 3 of the Provisions on the Administration of Food Import and Sales Records (Announcement No. 55 of the General Administration of Quality Supervision, Inspection and Quarantine in 2012).
Legal liability：If the importer fails to establish or keep the above records, it will violate Article 98 of the Food Safety Law of the People's Republic of China and Article 21 of the Measures for the Administration of Import and Export Food Safety of the People's Republic of China. According to Articles 129 and 126 of the Food Safety Law of the People's Republic of China, the importer shall be ordered to correct the violation and may be given an administrative penalty of warning.
II. Verification of imported cosmetics
The formats of cosmetics import records, sales records and imported cosmetics recall records refer to Annex 2 to Annex 4 of the "Regulations on the Registration, Import and Sales Records of Domestic Consignees of Imported Cosmetics" (Announcement No. 77 of the General Administration of Quality Supervision, Inspection and Quarantine in 2016).
Legal liability: If the importer fails to establish or maintain the above records, it will violate Article 9 of the "Regulations on the Registration of Domestic Consignees of Imported Cosmetics, Import Records and Sales Records Management" and should be ordered to rectify.
Other major legal responsibilities
- Violation of food importer registration requirements
According to Article 68 of the "Regulations on the Administration of Import and Export Food Safety", if the food importer fails to go through the change procedures with the customs when the registration content changes, the customs will issue a warning; if false registration information is provided, the customs may impose a fine of no more than 10,000 yuan.
- Failure to cooperate with customs inspection
According to Article 69 of the "Regulations on the Administration of Import and Export Food Safety", if domestic import and export food producers and operators fail to cooperate with the customs' import and export food safety inspections, refuse to accept inquiries, provide materials, or provide false information, they will be given a warning or a fine of less than 10,000 yuan.
- Violation of Chinese labeling requirements for pre-packaged food
According to Article 70 of the "Regulations on the Administration of Import and Export Food Safety", if imported pre-packaged food is not affixed with Chinese labels or the Chinese labels do not comply with laws and regulations and national food safety standards, and refuses to be destroyed, returned or technically processed in accordance with customs requirements, the customs will issue a warning or a fine of no more than 10,000 yuan.
- Taking away imported food without customs permission
According to Article 71 of the Measures for the Administration of Import and Export Food Safety, if imported food is taken away from the place designated or approved by the customs without the permission of the customs, the customs shall order rectification and impose a fine of no more than RMB 10,000.
- Failure to establish an overseas exporter review system
According to Articles 129 and 126 of the Food Safety Law of the People's Republic of China, if an importer fails to establish and implement an audit system for overseas exporters and overseas production enterprises, he will be ordered to correct the problem and given a warning; if he refuses to correct the problem, he will be fined not less than RMB 5,000 and not more than RMB 50,000. If the circumstances are serious, he will be ordered to suspend business until his license is revoked.
in conclusion
Customs inspection of food and cosmetics importers is an important measure to ensure the safety of imported goods. Importers must strictly abide by relevant laws and regulations, establish and keep detailed import and sales records, cooperate with customs inspections, and ensure the traceability and compliance of imported goods. By strengthening compliance management, importers can not only effectively avoid legal risks, but also enhance their market reputation and competitiveness.
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