Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.04.28

Effective Date:  2018.05.01

Validity Status:  valid

Administrative Provisions on Early Warning and Quick Response to Entry-exit Inspection and Quarantine Risks (Revised in 2018)

Administrative Provisions on Early Warning and Quick Response to Entry-exit Inspection and Quarantine Risks (Revised in 2018)

Chapter I General Provisions

Article 1    These Provisions are formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection, the Law of the People's Republic of China on the Quarantine of Entry-exit Animals and Plants, the Food Hygiene Law of the People's Republic of China, the Frontier Health and Quarantine Law of the People's Republic  of China, the Law of the People's Republic of China on Product Quality and other relevant laws and regulations for the purposes of ensuring the life and health of human beings, animals and plants, protecting the legitimate rights and interests of consumers, protecting the ecological environment and promoting the healthy development of China's foreign trade.

Article 2    The present Provisions shall apply to the administration of early warning of inspection and quarantine risks and rapid response to the goods and articles entering or exiting the territory (including passing through the territory) of China by various means.

The term "early warning" as mentioned in the present Provisions shall refer to a kind of preventive safeguard measures taken to prevent the State and consumers from any possible risk or potential danger in the entry and exit goods or articles.

Article 3    The General Administration of Customs ("GAC") uniformly administers the work of risk pre-warning and rapid response on entry-exit inspection and quarantine nationwide. It sets up an Office for Early Warning and Quick Response to Entry-Exit Inspection and Quarantine Risks (hereinafter referred to as the Early Warning Office) to be responsible for the information management of risk early warning and quick response.

Chapter II Information Collection and Risk Assessment

Article 4    The GAC will, in light of the features of the entry-exit goods and articles, establish a fixed information collection network to organize the collection and sort-out of the information related to the risks of inspection and quarantine on entry-exit goods and articles.

Article 5    The channels for collecting the risk information mainly include: information obtained from inspection and quarantine, monitoring and market research, information released by international organizations and foreign agencies, and information fed back by domestic and foreign organizations and consumers.

Article 6    The Early Warning Office is responsible for organizing the screening, confirmation and feedback of the information collected.

Article 7    In accordance with the relevant provisions and by reference to internationally accepted practices, the GAC conducts risk assessment on the screened and confirmed information to determine the types and degrees of risks.

Chapter III Risk Early Warning Measures

Article 8    The GAC may, on the basis of the determined risk types and degrees, take early warning measures against the risks in respect of the goods and articles entering or exiting the territory.

Article 9    Risk early warning measures include:

(I) releasing the risk precaution bulletin to the customs offices in all regions; and the customs offices shall strengthen pertinent inspection, quarantine and monitoring on certain entry/exit goods and articles;

(II) releasing the risk precaution bulletin to the domestic or overseas manufacturers or relevant departments to remind them to take proper measures in time and eliminate or reduce initiatively the risk of the entry/exit goods or articles; and

(III) releasing the risk precaution bulletin to the consumers to remind them of the risks of certain exported and imported goods and articles.

Chapter IV Quick Response Measures

Article 10    For the entry/exit goods and articles whose risks have been clarified or which are confirmed to be risky upon risk assessment, the GAC may take rapid response measures. Quick response measures include: inspection and quarantine measures, emergency control measures and lifting of warning.

Article 11    Inspection and quarantine measures include:

(I) strengthening the inspection and quarantine as well as supervision and administration over the risky entry and exit goods and articles;

(II) conditionally restricting the entry, exit or use of goods or articles with risk in accordance with the law; and

(III) The examination of domestic and foreign entities that produce, process or store goods or articles with risks shall be strengthened, and those that fail to meet the conditions shall be disqualified for inspection and quarantine registration.

Article 12    Emergency control measures include:

（I）taking temporary emergency measures on entry/exit goods or articles, and actively collecting relevant information to make risk assessment, in light of the occurred danger, and under the circumstance that the scientific basis is not sufficient, and by reference to international practice; and

(II) for the inbound and outbound goods and articles the major risks of which have been clarified, emergency measures may be taken in accordance with the law to prohibit their entry and exit; and the relevant ports may be blockaded when necessary.

Article 13    When the risks of inbound and outbound goods and articles no longer exist or have been reduced to an appropriate level, the GAC shall issue a warning release announcement.

Chapter V Supervision and Administration

Article 14    The GAC makes regular or irregular inspections on the implementation of risk pre-warning and quick response measures.

Article 15    Customs offices shall timely give feedback on the information and problems on implementation of the relevant measures to the Office of Early Warning.

Chapter VI Supplementary Provisions

Article 16    The detailed implementation rules for the administration of early warning and quick response to risks of different kinds of goods and articles shall be separately formulated.

Article 17    The power to interpret the present Provisions shall remain with the GAC.

Article 18    These Provisions shall become effective on November 15, 2001.