NEWS: China Decrees 248 & 249 – Urgent Action Required for Export to China

Update – October 16, 2021

Please be advised that this serves as an update to the message below.

The updates pertain to additional information in Annex 1 that is required from industry stakeholders. Please fill-out and complete, as necessary, the updated version of Annex 1, and send to: aafc.mas-sam.aac@agr.gc.ca by October 22, 2021 at 11:59 EST. Please note that, depending on the information required by China, forms and waivers may be updated periodically.

We would also like to advise industry stakeholders of the following two key points:

  1. As per the guidance and registration instructions provided to Canada by China Customs, we are now advising Canadian companies to provide the requested registration information only for companies and/or establishments who are involved in the processing and/or storage (dry or cold) of the products listed in the Annex 1 document. As such, we are no longer requiring information from companies who are only involved in the export of these products and we have thus removed the “EX” (i.e., exporter) option for companies submitting their registration information.
  2. There is no action necessary at this time with respect to submitting registration information for grain commodities (i.e., wheat, barley, soybean, canola) that are registered under Decree 177.

News from AAFC Market Access Secretariat

URGENT ACTION REQUIRED FOR EXPORTS TO CHINA

The Canadian Food Inspection Agency (CFIA) would like to inform the Canadian industry that exports medium risk products (see definition below) to China of their urgent action necessary by October 22, 2021 to meet the new requirements coming into force on January 1, 2022 affecting food, including animal-based and plant-based food products.

Context:

On April 12, 2021, the General Administration of Customs China (GACC) released two new regulations that will regulate food safety in China as well as imported and exported foods: Decree 248 (Provisions on the Administration of Registration of Foreign Enterprises Producing Imported Food), and Decree 249 (Administrative Measures on Import and Export Food Safety). The new Decrees are set to come into force on January 1, 2022, and all countries exporting to China will be required to meet the new requirements under the Decrees.

For your reference, please find below unofficial English-translated versions of Decree 248 and 249 published by the United States Department of Agriculture (USDA). French-translated versions of the Decrees will also be sent to industry stakeholders within the next week.

Decree 248 includes the requirement for a broad range of food products that will need to be registered with Customs China, including some products that are currently registered by the CFIA with China and listed in GACC’s eligibility lists. Decree 248 also includes many new products that may require establishment and exporter registration by both CFIA and GACC.

On October 1st, Canada received specific guidance from China requesting that CFIA submit to GACC certain exporter/company information by the end of October 2021. In accordance with this request, please carefully review the following information and action, as necessary:

Action required by Canadian industry

* The following categories and commodities have been defined by GACC.

  1. Category: High risk
  • Products impacted: Meat and meat products (Beef and pork), aquatic products, dairy products, bird nests and bird nest products.
  • Companies impacted: Establishments/vessels that are currently eligible to export one or more of these “high risk” products to China.
  • Action required: No further action is required at this time.
  1. Category:  Medium Risk
  • Products impacted:  honey, Royal Jelly, casing (salted), soy flour, dry bean flour, dried peas, dried kidney beans, black pepper, canary seed (not for seeding) ,mustard powder, mustard, chili powder, borage seed, malt, canary seed without shell, fresh or chilled cucumber and pickle, fresh or chilled pea (with pod or without pod), wheat flour, flax seed, oat products, edible vegetable oil, coffee bean, functional food, foods for special dietary purposes.
  • Companies impacted:  Exporters, processing plants, cold and dry storage who have exported one or more of these “medium risk” products to China since January 1, 2017.
  • Action required: Impacted companies must complete and return the attached form (Annex 1) by October 22, 2021 at 11:59 EST.  Send your completed information to: aafc.mas-sam.aac@agr.gc.caNOTE:  Only information completed in full and received by October 22, 2021 will be transmitted to China.
  1. Category:  Low Risk
  • Products impacted: Those products not deemed high risk and medium risk and that are currently being exported to China.
  • Companies impacted:  All companies that currently export to China products that are not high or medium risk.
  • Action required:  Companies will need to self-register with China through the International Trade Single Window Service System (www.singlewindow.cn). Article 9 of Decree 248 provides further details on this process and exporters should work with their Chinese importers as necessary to complete the registration. CFIA will provide further details on the process if and when they become available.

Additional information:

In advance of China’s implementation of Decrees 248 and 249, Canadian food exporters should ensure that their products are in compliance with the Safe Food for Canadians Regulations (SFCR) as well as with China’s import requirements (including compliance with various provisions in the decrees). Specifically, for those food exporters who are required to obtain an SFCR license, please ensure that you have a valid SFCR export license, implemented an effective Preventive Control Plan (PCP) for both food safety and consumer protection risks, and that you are in compliance with the CFIA’s preventive controls and traceability requirements.

China-Decree-248-Regulations-AGR459
China-Decree-249-Measures
China-Annex-1-January-2022