Changes in Import and Export Food and Cosmetics Labels Approval System

The State Administration of Quality, Supervision, Inspection and Quarantine (AQSIQ) issued a circular on implementing changes in the approval system for import and export food and cosmetics labels. The changes are introduced in response to the State Council's drive for administrative approval reforms and to simplify import and export procedures.

The key points of the circular are as follows:

Labels of imported food and cosmetics must meet the requirements in Chinese laws, regulations and mandatory industry standards, while labels of food and cosmetics for export must conform to the requirements of the importing country or region.

From 1 April 2006 onwards, the procedures for approving labels of imported food and cosmetics are to be combined with their inspection and quarantine procedures. Approval of labels in advance is not permitted, and the relevant authorities at all levels will no longer entertain such requests. Moreover, it is no longer compulsory for importers/exporters to present the Import/Export Food and Cosmetics Label Approval Certificate for customs clearance.

When carrying out inspection and quarantine on import and export food and cosmetics, entry-exit inspection and quarantine authorities must examine whether information on the product label comply with the relevant laws, regulations and standards, and in particular whether wordings relating to product quality are truthful and accurate. The words "label approved" will be marked on the inspection certificate of the product which passes the examination. Labels of food and cosmetics imported before 1 October 2006 not complying with Chinese laws, regulations or mandatory standards may be changed under the supervision of the entry-exit inspection and quarantine authorities. Upon conformity with the relevant requirements, the goods will be released. From 1 October 2006 onwards, labels of imported food and cosmetics not meeting Chinese laws, regulations and mandatory standards will be handled in accordance with Article 19 of the Regulations for the Implementation of the Law on Import and Export Commodity Inspection. Labels of exported food and cosmetics failing to comply with the requirements of the importing country or region will be handled in accordance with Article 27 of the regulations.

Existing Import and Export Food and Cosmetics Label Approval Certificates will continue to be valid. For import and export food products, if information on their labels matches with the content of their label approval certificates, they will be exempted from the label approval procedure. For food products in need of renewed label approval certificates as a result of new requirements under the General Provisions for the Labelling of Pre-Packaged Food (GB7718-2004) and the General Provisions for the Labelling of Pre-Packaged Food For Special Dietary Use (GB13432-2004), their certificates are to be renewed in accordance with the Circular on Approving and Renewing Import Food Label Approval Certificates issued by AQSIQ's import and export food labelling office on 9 December 2005. The deadline for certificate renewal is 1 May 2006. Thereafter, certificates failing to meet new requirements brought about by changes in laws, regulations or mandatory standards will cease to be valid.

In their inspection and quarantine procedures on import and export food and cosmetics, inspection and quarantine authorities should approve the product label and conduct product tests and inspection. Fees are to be charged in accordance with the fee schedule for inspection and quarantine, and no separate fee should be levied on the label approval procedure.