Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.11.23

Effective Date:  2018.11.23

Validity Status:  valid

Administrative Measures for the Entry/Exit Inspection and Quarantine of Genetically Modified Products (Revised in November 2018)

Administrative Measures for the Entry/Exit Inspection and Quarantine of Genetically Modified Products (Revised in November 2018)

Chapter 1 General Principles

Article 1    These Measures are enacted in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection, the Food Hygiene Law of the People's Republic of China, the Law of the People's Republic of China on the Quarantine of Entry/Exit Animals and Plants and its implementing regulations, the Regulations on the Administration of the Safety of Agricultural Genetically Modified Organisms and other laws and regulations for the purpose of strengthening the administration of inspection and quarantine of genetically modified products entering and exiting the territory, safeguarding human health and the safety of animals, plants and microorganisms, and protecting the ecological environment.

Article 2    These Measures are applicable to the inspection and quarantine of genetically modified products entering and exiting the territory by various means (including trade, processing with supplied materials, post, carriage, production, reproduction for others, scientific research, exchange, exhibition, assistance, donation and other means).

Article 3    For the purpose of these Measures, the term "genetically modified products" refers to the agricultural genetically modified organisms specified in the Regulations on the Administration of the Safety of Agricultural Genetically Modified Organisms and the genetically modified organisms and products specified in other laws and regulations.

Article 4    The General Administration of Customs ("GAC") is responsible for the administration of the inspection and quarantine of genetically modified products entering and exiting the territory nationwide. The competent Customs are responsible for the inspection and quarantine of genetically modified products entering and exiting the territory and for the supervision and administration thereof within their respective jurisdictions.

Article 5    The GAC applies a licensing system for genetically modified products in agriculture in transit. For other genetically modified products in transit, if there are other provisions of the State, such provisions shall prevail.

Chapter 2 Entry Inspection and Quarantine

Article 6    The GAC applies a declaration system for genetically modified animals, plants and their products, micro-organisms and their products and foods entering the territory of the PRC.

Article 7    When going through the declaration formalities for entry inspection, the consignor or the agent thereof shall indicate in the column of the name of the goods in the Declaration Form for Entry Goods whether the goods are genetically modified products. For the declaration of genetically modified products, in addition to the relevant documents as required, the Certificate of the Safety of Genetically Modified Organisms in Agriculture or the relevant approval documents issued by the competent authorities as specified in laws and regulations shall be provided. The customs shall conduct automatic comparison and verification on the electronic data of the Certificate of the Safety of Genetically Modified Organisms in Agriculture.

Article 8    With respect to the genetically modified products listed in the catalogue of genetically modified organisms in agriculture subject to mark-based administration (formulated and promulgated by the competent administrative department for agriculture under the State Council), if it is declared that the products are genetically modified, the Customs shall conduct compliance testing of the genetically modified project. If it is declared that the products are not genetically modified, the Customs shall conduct spot check and testing of the genetically modified project. With respect to the animals and plants entering the country and their products, micro-organisms and their products and food that are not included in the catalogue of genetically modified organisms in agriculture subject to mark-based administration, the competent customs  may, in light of the specific circumstances, conduct spot check and testing of the genetically modified projects.

The Customs shall conduct inspections of genetically modified projects in accordance with the inspection methods and standards recognized by the State.

Article 9    The products that have passed the genetically modified tests will be allowed to enter the country. Under either of the following circumstances, the Customs shall notify the consignor thereof or its agent to return or destroy the goods:

(I) The products are declared to be genetically modified products, but the genetically modified ingredients do not conform to the Certificate of the Safety of Genetically Modified Organisms in Agriculture upon testing; or

(II) The products are declared to be non- genetically modified products, but upon testing, they contain genetically modified ingredients.

Article 10    Genetically modified products entering the country for exhibition shall enter the country on the strength of relevant approval documents issued by the competent authorities as prescribed by laws and regulations. During the exhibition, they shall be subject to the supervision of the Customs. At the end of the exhibition, all the genetically modified products must be returned or destroyed. If, due to special reasons, it is necessary to change the purpose of use, the formalities for entry inspection and quarantine shall be completed retroactively in accordance with the relevant provisions.

Chapter 3 Transit Inspection and Quarantine

Article 11    When genetically modified products in transit enter China, the consignor thereof or his/its agent shall declare to the Customs at the port of entry with the prescribed documents，and the exit of the products shall be supervised by the Customs at the port of exit. For genetically modified products in transit with changed packaging and transit route, transit formalities shall be completed anew in accordance with the provisions.

Chapter 4 Exit Inspection and Quarantine

Article 12    Where it is necessary to conduct genetically modified testing or issue a certificate that the products leaving the country are not genetically modified, the consignor thereof or his/its agent shall file an application in advance with the local Customs and provide the entry requirements made by the importing country or region for genetically modified products.

Article 13    After accepting the application, the Customs shall, in accordance with the information on the application of genetically modified technology for commercial production issued by the competent department as prescribed by laws and regulations, take samples to the genetically modified testing laboratory for testing of the genetically modified project. If the products are confirmed as genetically modified products and meet the entry requirements of the importing country or region for genetically modified products on the basis of the issued testing report, the relevant inspection and quarantine documents shall be issued; for the products that are confirmed as not genetically modified products, a certificate of not genetically modified products shall be issued.

Chapter 5 Supplemental Provisions

Article 14    For genetically modified products entering or exiting the country, apart from conducting genetically modified project testing and supervision in accordance with the provisions hereof, the contents of other inspection and quarantine items shall be subject to laws, regulations and relevant provisions of the GAC.

Article 15    The laboratories undertaking the testing of genetically modified projects must pass capacity verification conducted by the authentication and accreditation administration department of the state.

Article 16    Whoever violates the provisions hereof shall be punished in accordance with the provisions of relevant laws and regulations.

Article 17    The GAC shall be responsible for the interpretation of these Measures.

Article 18    These Measures shall be come into force as of the date of promulgation.