UNOFFICIAL translation of
The Regulations on Inspection and Quarantine of Import and Export Aquatic products

Part One: General

1. The following regulations are designed to reinforce the inspection and quarantine of import and export aquatic products, strengthen the supervision and management in this field, guarantee the safety and hygienic quality of import and export aquatic products as well as to protect the safety of fishery production and personnel health. The regulations are based on laws, regulations and rules of Import-and-Export Commodity Inspection Act of the People's Republic of China and the related implementation bylaws, Import and Export Animals and Plants Quarantine Act of the People 's Republic of China and the related bylaws, Border Hygiene Quarantine Act of the People's Republic of China and the detailed implementation rules and Food Hygiene Act of the People 's Republic of China.

2. These regulations are applicable to inspection and quarantine of import and export aquatic products and the related supervision and management work.

3. In this document, aquatic products refer to aquatic animals for human consumption as food (including Cephalochordates, Vertebrata, Echinoids, Chordates, Crustaceans and Mollusks; live aquatic animals and their reproductive materials are excluded, henceforth referred to as aquatic animals) and aquatic plants as well as the associated products of both aquatic animals and aquatic plants.

4. General Administration of Quality Supervision, Inspection and Quarantine of People's Republic of China (referred to hereafter as the "General Administration of Quality Inspection of China") is in charge of the national inspection and quarantine of import and export aquatic products as well as the supervision management. The local Organizations of Entry and Exit Inspection and Quarantine (referred to hereafter as the "Inspection and Quarantine Organization"), which are set up by General Administration of Quality Inspection of China, are in charge of the local inspection and quarantine of import and export aquatic products as well as the supervision and management.

Part Two: Entry Inspection and quarantine

5. Inspection and Quarantine Organizations conduct inspection and quarantine of the aquatic products entering the country according to the national laws, the administration acts and regulations, the rules by General Administration of Quality Inspection of China, the requirements of inspection and quarantine prescribed by the bilateral inspection and quarantine agreements, protocols, memorandums between China and export countries and regions. When necessary they will organize and implement hygienic and detoxification treatments.

6. General Administration of Quality Inspection of China implements an examination and approval system for imported aquatic products. The consignors or their agents of entry aquatic products should go through the quarantine examination and approval procedures before they sign any trade contracts and get "Quarantine Permit of Entry Animal and Plant Products". Without a permit no aquatic products are allowed to import.

7. The supervision and management department of certification and accreditation of China implements a registration system for foreign enterprises that produce and process the aquatic products listed in Import Food Product Catalogue for Enterprises Registration. Without registration by the foreign production and processing enterprises, the aquatic products listed in Import Food Production Catalogue for Enterprises Registration are not allowed to import.

8. If it is necessary the General Administration of Quality Inspection of China may send inspectors to export countries or regions to pre-inspect the aquatic products to be imported.

9. Import aquatic products must enter China from the ports authorized by the General Administration of Quality Inspection of China.

The ports of entry of aquatic products should meet the following qualifications:

(1) There should be storehouses that are suitable to the quantity and size of entry aquatic products; the storehouses should meet the requirements stipulated by Inspection and Quarantine Requirement of Import Aquatic Products Storehouse (see Annex 1) and are registered by the local Subordinate Inspection and Quarantine Bureau.

(2) The inspection and quarantine organizations at the ports of entry should have the necessary professional technical experts and facilities to conduct inspection and quarantine of import aquatic products.

10. Before and during the entry process of aquatic products consignors or their agents should present to the inspection and quarantine organizations at the ports of entry the requested documents and certificates such as Quarantine Permit of Entry Animal and Plant Products, the original Inspection and Quarantine Certificates issued by the export countries or local authorities, original production certificates, trade contracts, credit certificates, bills of lading and receipts for inspection. For the aquatic products listed in Import Food Product Catalogue for Enterprises Registration the registration number should also be provided for inspection.

The Aquatic Products Inspection and Quarantine Certificate issued by the export countries or local authorities should meet Basic Requirements for Import Aquatic Products Inspection and Quarantine Certificates Issued by Export Countries or Local Authorities (see Annex 2).

11 . The organization of inspection and quarantine will do a preliminary examination of the related documents and certificates submitted by consignors or their agents. Those who pass the preliminary examination will be allowed to proceed with the entry inspection as well as verification and any adjustments of their import product quantity authorized by the Quarantine Permit of Entry Animal and Plant Products. In the following cases the products will be returned or destroyed:

(1) Those who fail to follow the law and go through the examination/approval procedures of inspection and quarantine, do not have Quarantine Permit of Entry Animal and Plant Product or have Quarantine Permit of Entry Animal and Plant Product that have expired;

(2) Those who do not have inspection and Quarantine Certificate issued by the export countries or local authorities or have an Inspection and Quarantine Certificate that does not meet the requirements;

(3) The production enterprises have not registered for the aquatic products listed in Import Food Product Catalogue for Enterprises Registration.

12. Transportation means from the epidemic disease areas used for loading and shipping imported aquatic products should be disinfected and processed for epidemic prevention under the supervision of the inspection and quarantine organizations at the ports of entry. Without permission of the inspection and quarantine organizations no groups or individuals should unload imported aquatic products from transportation vehicles.

13. The organizations of inspection and quarantine should inspect and quarantine the imported aquatic products on the spot according to the following requirements. They should also gather or collect samples for laboratory examinations:

(1). Verify bills and certificates and examine imported products;

(2). Examine packing in accordance with the Basic Requirements for Import Aquatic Product Packing (see Annex 3);

(3). Inspect and quarantine the imported salt soaked or dry aquatic products that can easily produce and spread plant insects;

14. When the imported aquatic products go through on-the-spot inspection and quarantine the products will be resumed or destroyed if the following cases happen:

(1). Shipped goods and certificates are inconsistent or shipped products cannot meet the inspection and quarantine requirements;

(2). Products are rotten and deteriorated or polluted by virulent and harmful substance;

(3). Packing does not meet Basic Requirements for Entry Aquatic Product Packing.

15. The imported aquatic products that pass the on-the-spot inspection and quarantine should be transferred to the aquatic product storehouses registered by the Subordinate Inspection and Quarantine Bureau for laboratory testing. These products must not be transferred or processed without permission.

16. All the import aquatic products listed in Annual Residual Matters Supervision and Control Plan by China must not only go through the essential laboratory examination by the inspection and quarantine organizations in accordance with the related regulations, but also be examined by laboratories in accordance with the regulations of Annual Residual Matters Supervision and Control Plan.

17. The inspection and quarantine organizations should examine samples by sense, physical and chemical methods as well as thorough microorganism laboratory testing in accordance with the regulations. They should also carry out specific examinations according to the risk level of different aquatic products.

18. Based on laboratory test results the inspection and quarantine organizations at the ports of entry will make the following decisions respectively in accordance with the regulations of visa management:

(1). Those who succeed the inspection and quarantine will be issued Inspection and Quarantine Certificate of Entry Goods;

(2). Those who fail the inspection and quarantine will be issued Inspection and Quarantine Treatment Notice of Entry Goods. The goods that fail inspection and quarantine will be treated without causing any harm, returned or destroyed.

The owners of products that will seek to counterclaim can apply to the inspection and quarantine organizations at the ports of entry for certificates in need.

Part Three: Exit Inspection and Quarantine

19. Inspection and Quarantine Organizations conduct inspection and quarantine of aquatic products exiting the country according to the national laws, the administrative acts and regulations, the Rules of General Administration of Quality Inspection of China, and the bilateral inspection and quarantine agreements, protocols, memorandums signed between China and import countries or regions as well as the official inspection and quarantine requirements by import countries or regions.

20. General Administration of Quality Inspection of China implements a monitoring system of residual matters of exiting aquatic products. All exiting aquatic products listed in the annual residual matters monitoring plan must not only go through the essential laboratory examination by the inspection and quarantine organizations in accordance of related regulations, but also be examined by laboratories in accordance with the regulations of the annual residual matters monitoring Plan.

21. The supervision and management department of certification and accreditation of China implements a hygiene registration system for the enterprises that produce, process and store export aquatic products. Without hygiene registration the aquatic product production enterprises must not produce, process or store export aquatic products.

22. If the government of import countries/regions has special registration requirements for the enterprises producing export aqua-products, the supervision and management department of certification and accreditation of China will recommend enterprises to apply for registration in foreign countries and publish a list of enterprises that have successfully obtained foreign registration.

23. Before aquatic products are exported, the owner of products or their agents should apply for inspection and quarantine to local inspection and quarantine organizations according to Provisions of Entry/Exit Inspection and Quarantine.

24. Inspection and quarantine organizations will issue relevant certificates to those who succeed the inspection and quarantine. For the import countries/regions, which have special requirements for inspection and quarantine certificates, the inspection and quarantine organizations will provide relevant certificates of inspection and quarantine as requested.

Inspection and quarantine organizations will issue Notice of Disqualification to those who fail inspection and quarantine and make the following decisions accordingly:

(1). Prohibit those who fail safety and hygiene requirements from exporting;

(2). Those who fail the other requirements will be allowed to effect technical changes and to reapply for inspection and quarantine approval afterwards.

25. Inspection and quarantine organizations will put inspection and quarantine symbols or seals to the export aquatic products that succeed inspection and quarantine in accordance with the related regulations of General Administration of Quality Inspection of China.

26. Regarding the export aquatic products that have passed inspection and quarantine at the location of production, the products may be refused export if the inspection and quarantine organizations at the ports of exit find inconsistency between shipped goods and shipping certificates, or certificates do not meet the requirements.

27. Based on "Regulations on Hygiene Registration Management of Export Food Production Enterprises" and "Hygiene Registration Criterion of Export Aquatic Product Processing Enterprises " as well as the related regulations of foreign countries, the inspection and quarantine organizations have set up routine supervision and management systems to supervise and manage the process of cultivation, production, processing and storage of export aquatic products. The inspection and quarantine organizations will fine or impose other penalties against aquatic product breeding, production, processing and storage enterprises that violate supervision and management rules in accordance with the related regulations.

28. According to the related laws and regulations as well as the rules by General Administration of Quality Inspection of China the inspection and quarantine organizations may supervise packing of export aquatic products.

29. Validity time limits of exit aquatic products inspection and quarantine:

(1). Refrigerated (maintaining freshness) aquatic products: 2 days,

(2). Dry-frozen and individually frozen aquatic products: 4 months;

(3). Other aquatic products: 6 months.

When export aquatic products pass inspection and quarantine validity time limits a re-application for inspection and quarantine is required.

Part Four: Risk Warning Management

30. According to the related regulations General Administration of Quality Inspection of China implements a system of Risk Warning Management to certain export aquatic products.

31. Beside the related regulations of this document the export aquatic products falling into the category of Risk Warning or Quick Response Management should also meet the related regulations of Risk Warning Management.

Part Five: Supplementary Articles

32. Those who violate the regulations of this document will be penalized in accordance with the related laws and regulations.

33. This document is for General Administration of Quality Inspection of China to interpret.

34. The regulations of this document will be put into effect on December 10, 2002. Expiring on the same date are the Rules for Export Aquatic Products Inspection Management [State Inspection and Supervision (1996) #82], which had been promulgated on April 12, 1996 by the former State Import-and-Export Commodity Inspection Bureau.

Annex 1
Inspection and Quarantine Requirements of Import Aquatic Products Storehouse

1. Basic conditions of storehouses

(1). Convenience of traffic transportations, located within the jurisdictional area of the ports of entry, have operation space for ease of moving and transferring products, up to 3000 tons storage capacity;

(2). Storehouses should meet the environmental requirements with no pollution source in the storage area. Roads should be smooth and in good condition, clear of water and dirt. There should not be exposed land in the storage area.

(3). Storehouses should have facilities that prevent insects, mice and mildew. The inside of the storehouses should be neat and clean, dirt free with no unusual smell and well structured.

(4). The storehouse planned to preserve cold and frozen aquatic products must be used for aquatic products only and no any other products. The storage temperature must below -18 ^oC and the temperature difference between day and night should not more than 1 ^oC. Storage should be equipped with temperature automatic recording instruments and in the storehouse non-mercury thermometers should be installed.

(5). It is suggested to set up a hygiene-quality system that should include the following:

a Hygienic quality policy and goal;

b. Organizational structure and responsibilities;

c. Production management personnel requirements;

d. Environmental hygiene requirements;

e. Hygiene requirements for storage (cold storage) and facilities;

f. Hygiene requirements for storage and transportation;

g. Virulent and deleterious substance control,

h. Quality records,

i. Internal examination of the quality system.

2. Storage entry management

(1) When imported aquatic products enter the storehouse the first original page of the "Entry Goods Customs Clearance Form" issued by the inspection and quarantine organizations should be inspected and a duplicated copy should be kept on file.

(2). No imported aquatic products should enter the storage in the following conditions. When the following conditions happen the related inspection and quarantine organizations should be notified in a timely fashion.

A. Inconsistent products and certificates, or incorrect packaging such as bulk and mixed packing;

B. Rotten and deteriorating products or products of unusual smell.

(3). Different products (including different variety or production locations, different entry time of storage and different owners) must not mixed and piled up in the common area of the storage. Imported products must not be preserved in the same storage with the domestic produced products. Storehouses must keep clean and neat and allow no obstacles lay around.

(4). A registration verification system should be set up by storehouses. The storage entry registration of imported aquatic products (including information of products and owners), hygiene and epidemic prevention should be managed by specifically assigned personnel, who should also assist the inspection and quarantine organizations with their examination and supervision work.

(5). Storehouses must fill in Quality Supervision and Management Handbook of Import Aquatic Product Storehouse (hereafter refers to as " Handbook") for inspection and quarantine organizations to use for purpose of verification and examination.

3. Storage exit management

(1). When imported aquatic products are taken out of the storehouse the original "Inspection and Quarantine Certificate of Entry Goods " issued by the inspection and quarantine organizations should be presented for verification and one duplicated copy should be kept on file.

(2). When products are taken out the storehouses, specially assigned personnel should implement storage exit registration.

(3). After products are taken out the storehouse residuum should be cleaned up and necessary disinfection should be implemented in a timely fashion.

4. Supervision management

(1). Storehouses should provide the inspection and quarantine personnel with the necessary working equipment and conditions. When the inspection and quarantine organizations implement quarantine supervision to storehouses in accordance with related laws storehouses must provide close cooperation and must not withhold any facts or refuses to accept inspection.

(2). Subordinate Inspection and Quarantine Bureau, is responsible for organizing and implementing suspension and management of storehouses, including sending inspectors regularly or on demand to inspect the conditions of import aquatic products storage, entry and exit registration as well as operation of quality system. Inspectors will check if storehouses observe the related inspection and quarantine laws and regulations; if there are any illegally imported aquatic products in storage, if storehouses have knowledge of illegally imported aquatic products but do not report to the inspection and quarantine institutions or if any inspection and quarantine symbols or seals are opened or damaged while being stored.

(3). If the inspection and quarantine organizations find that a storehouse violates the related laws and regulations they should order corrections made within limited time. If serious violations occur they should issue warnings, suspend the storehouse from storing import aquatic products or terminate the storehouse's qualifications for aquatic product storage.

(4) Storehouses should submit monthly statistics documents about aquatic products entering and leaving the storehouse to the inspection and quarantine organizations for examination and verification.

(5). When storehouses need to be restructures as a result of renovation and other reasons permission should be obtained from the inspection and quarantine institutions. Furthermore, measures of epidemic prevention should be taken under supervision of the inspection and quarantine organizations.

(6) The trash resulted from loading and unloading when aquatic products enter or leave storehouses must be treated without causing any harm at the designated locations as the inspection and quarantine organizations requested.

Annex 2
Basic Requirements of Import Aquatic Products Inspection and Quarantine Certificates Issued by Export Countries or Local Authorities

1. These certificates must indicate: commodity name (including scientific name), production country/region, fishing region, processing method, production and processing enterprise name and its registration number as well as the institution that issued the certificates. It should also indicate transport means (ship name, shipping number and container), the sealed sign number, consignor, consignee, quantity / weight and production date.

2. All inspection and quarantine certificates must not be modified. It must be stamped with an official seal and signed by official inspection and quarantine personnel. It must be specified that the destination is People's Republic of China.

3. Each batch of import aquatic products must have one original inspection and quarantine certificate. All certificates must be in both Chinese and English.

4. All certificates should provide the following information and certify:

(1). The aquatic products come from the established enterprises that have been registered by the authorities in charge.

(2). The products were produced, packed, stored and transported in sound hygiene conditions and under the supervision of authorities in charge.

(3). The products were inspected and quarantined by the related authority in charge and not found any pathogenic bacteria, harmful substances or foreign substances that are regulated by the People's Republic of China.

(4). The products meet veterinary sanitary requirements and fit for human consumption.

Date of Issue

Stamp

Official Veterinary Signature

Annex 3
Basic Requirements for Import Aquatic Product Packing

Packing of import aquatic products should be complete and in good condition. The outside packing should not be easy to damage. Both inside and outside packing should be brand-new, non-toxic and harmless. Furthermore, to safeguard consumer's right to information access both inside and outside packing should also carry strong, clear and easy-to-read symbols and signs in both Chinese and English. Symbols and signs should indicate the following information:

1. Aquatic products' commodity name and scientific name, specifications, production date, batch number and preservation requirements;

2. Production method such as sea fishing, fresh water fishing or aquaculture;

3. Production area, including the sea where fishing is conducted, the original country/region of fresh water fishing as well as the country or region where the final production and breeding stage of cultivation products takes place;

4. Production and processing factory name and its registration number.

It must specify that the destination is the People's Republic of China.