【Type of regulations】 Customs regulations

【Content Category】Others

【Document Number】 Former General Administration of Quality Supervision, Inspection and Quarantine Order No. 182

【Issuing authority】 Former State Administration of Quality Supervision, Inspection and Quarantine

【Release date】2016-4-28

【Effective Date】2016-7-1

【Efficacy】 Effective

【Effectiveness Statement】 According to Order No. 196 of the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on March 6, 2018, "The Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Abolition and Modification of Some Regulations" was first revised in accordance with the General Administration of Customs on April 28, 2018. The second revision of the General Administration of Customs Order No. 238, "The Decision of the General Administration of Customs on Amending Some Regulations," was revised for the third time based on the General Administration of Customs Order No. 240, "The Decision of the General Administration of Customs on Amending Some Regulations," dated May 29, 2018.

Measures for the Administration of Health Licensing at Frontier Ports (Order No. 182 of the General Administration of Quality Inspection)

(Decision No. 182 of the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on April 28, 2016 was announced in accordance with the Decision of the General Administration of Quality Supervision, Inspection and Quarantine on the Abolition and Modification of Some Regulations in accordance with the Order No. 196 of the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China on March 6, 2018. 》The first amendment is based on the General Administration of Customs Order No. 238 on April 28, 2018, the Decision of the General Administration of Customs on Amending Some Regulations. The second amendment is based on the General Administration of Customs Order No. 240 on May 29, 2018. The third revision of the Decision of the State Council on Amending Some Regulations)

Chapter 1 General Provisions

Article 1 In order to regulate the border port health securuity duties, to strengthen port health supervision and management, protect the health of entry and exit personnel, and maintain port health measures and safety, in accordance with the "Border Health and Quarantine Law of the People's Republic of China" and its implementation rules, the "Food Safety Law of the People's Republic of China" and its implementation regulations, "Regulations on Health Management in Public Places", "Border Port Health Supervision Measures of the People's Republic of China" and other laws and regulations, these Measures are formulated.

Article 2 These Measures apply tto entities or individuals engaged in food production (including airline catering), food sales (including food supply for inbound/outbound transportation), catering services (except food vendors), drinking water supply, and public place operations at border ports. (Hereinafter collectively referred to as producers and operators).

Article 3 The General Administration of Customs will uniformly manage the management of health licenses at border ports across the country.

The competent customs is responsible for the border port health licensing and supervision and management work within its jurisdiction.

Article 4 Producers and operators are responsible for the safety and public health securuity of the food they produce and trade, and will engage in production and business activities in accordance with laws, regulations and food and public health safety standards.

Article 5 Producers and operators shall apply to the local customs for a border port health license (hereinafter referred to as the health license). Only after obtaining the border port health license (hereinafter referred to as the health license) can they engage in relevant business or service activities and accept customs supervision in accordance with the law.

Article 6 Customs' implementation of health licensing will comply with the authority, scope, conditions and procedures stipulated in laws, regulations and rules, and follow the principles of openness, fairness, impartiality and convenience for the people.

Article 7 The customs administration will strengthen supervision and inspection of the health licensing process and establish a health licensing file management system and an administrative licensing results publicity system.

Article 8 Any entity or individual has the right to supervise and report illegal activities during the implementation of health licenses, and the customs will verify and deal with them in a timely manner.

Chapter 2 Licensing Requirements

Article 9 Those engaged in food production, food sales, and catering services at border ports must comply with national food safety standards and the following requirements:

(1) The handling of food raw material and food processing, packaging, storage, sales and all places that are suitable for the handling of all varieties and quantities of food produced and operated, have to keep the environment of the places clean and tidy, and a sufficient distance from toxic and harmful places and other sources of pollution gas to be maintained. Used raw and auxiliary materials have to  comply with corresponding national standards, industry standards and relevant regulations;

(2) Have production and operation equipment or facilities that are suitable for the variety and quantity of food produced and operated, and provide corresponding disinfection, changing, washing, daylighting, lighting, ventilation, anti-corrosion, dust-proof, fly-proof, rodent-proof, insect-proof, and washing and equipment or facilities for treating wastewater and storing garbage and waste,

(3) Have reasonable equipment and process organisation to prevent cross-contamination of food to be processed and directly imported food, raw materials and finished products, and avoid food contact with toxic substances and unclean substances;

(4) Containers, tools and equipment for storing, transporting and loading and unloading food should be safe, harmless, clean and prevent food contamination and meet special requirements such as temperature required to ensure food safety. Food should not be mixed with toxic or harmful items. Storage and transportation;

(5) Have food safety management personnel who have received food safety training and meet relevant conditions;

(6) Establish rules and regulations to ensure food safety that are adapted to the actual situation of the unit, including an environmental cleanliness and sanitation management system, a food safety self-inspection management system, a food purchase inspection record system, and an employee health management system. Those engaged in food production should also establish a food safety management system during production and processing, a factory inspection record system, and a management system for unqualified products. Those engaged in catering services should also establish a facility and equipment sanitation management system, a cleaning and disinfection system, processing operating procedures, and food safety management systems. Additive management system;

(7) The water used in process should comply with the national drinking water hygiene standards.

Article 10 Those engaged in drinking water supply shall meet the following requirements:

(1) Establish a drinking water sanitation management system, including sanitation training for employees, full-time (part-time) sanitation management personnel, maintenance of water supply equipment and facilities, sanitation management files and other relevant content;

(2) Water quality should meet the national drinking water hygiene standards;

(3) Water supply equipment should operate normally and be cleaned and disinfected according to the prescribed period;

(4) Water supply facilities must not have pollution sources within the prescribed sanitary protection distance. Domestic drinking water water tanks must be dedicated and must not be connected to non-drinking water. They must be safely sealed and have necessary sanitary protection facilities;

(5) Water supply equipment and supplies that are in direct contact with drinking water must comply with relevant national product standards, be non-toxic and harmless, and must not pollute water quality;

(6) Have the ability to detect sensory indicators and commonly used physical and chemical indicators such as residual chlorine and pH value;

(7) There must be no connection between self-provided water supply facilities and the urban public water supply network;

(8) Secondary water supply facilities shall not be directly connected to urban public water supply pipe networks. When connection is required under special circumstances, unpressurized water tanks must be installed;

(9) Centralized water supply should have water disinfection equipment.

Article 11 Those engaged in the operation of public places at border ports shall meet the following requirements:

(1) Have a functional working space, set up cleaning, disinfection, cleaning the toilets and other facilities and public restrooms according to the business scale and requirements and eto ensure that all facilities are operating accordingly to all requirements and its prohibited from being used for other purposes;

(2) Establish health management personnel to be specifically responsible for the health work in this public place;

(3) Establish a health management system, including health training for employees, maintenance of health facilities and equipment, emergency response to health-threatening accidents in public places, health management files, etc.;

(4) Water quality have to fulfill national requirements;

(5) Effective medical vector biological control measures and special waste storage facilities should be properly equipped;

(6) Indoor air quality and microclimate and the supplies and appliances provided shall comply with national health standards and requirements. If a centralized air-conditioning and ventilation system is used, it shall comply with the relevant provisions of the centralized air-conditioning and ventilation system;

(7) Eye-catching no-smoking warnings and signs should be set up.

Article 12 Producers and operators have to fulfill all  other requirements stipulated in laws and regulations.

Chapter 3 Licensing Procedures

Section 1 Application

Article 13 Each frontier port food production, food sales, catering service, drinking water supply, and public place operating unit with independent fixed business premises shall act as a health license taker unit and apply for a health license separately.

Article 14 Those engaged in food production, food sales, and catering services at border ports should provide the following materials when applying for a health license:

(1) Application form for health license;

(2) Identity certificate of the relevant person in charge or operator (if you entrust another person to handle the matter on your behalf, a letter of authorization and the identity certificate of the entrusted person shall be submitted at the same time);

(3) Other materials:

Those engaged in food production shall submit floor plans of the site and its surrounding environment, layout plans of each functional section of production and processing, production process flow charts, equipment layout plans; a list of food production equipment and facilities; and implementation standards for food production. Aviation catering companies should also provide certification materials for special food transportation vehicles and refrigeration and refrigeration facilities that meet cold chain transportation requirements.

Those engaged in food sales shall submit a spatial layout plan of business facilities and a list of business facilities and equipment that are suitable for food sales. Those engaged in food supply for inbound/outbound transportation must also provide certification materials for special food transportation vehicles and refrigeration and refrigeration facilities that meet cold chain transportation requirements. If automatic vending equipment is used to sell food, the applicant shall also submit the product qualification certificate of the automatic vending equipment, the specific location, the operator's name, residence, contact information, and the method of publicizing the food business license.

Those engaged in catering services should submit schematic diagrams of business premises and equipment layout, processing procedures, sanitation facilities, etc.; those who provide food delivery services should provide certification materials for special food transportation facilities that meet thermal insulation or cold chain transportation requirements.

Article 15 Those engaged in drinking water supply shall provide the following materials when applying for a health license:

(1) Application form for health license;

(2) Identity certificate of the relevant person in charge or operator (if you entrust another person to handle the matter on your behalf, a letter of authorization and the identity certificate of the entrusted person shall be submitted at the same time);

(3) Health license approval documents involving drinking water hygiene and safety products;

(4) Design drawings and related text descriptions, such as floor layout drawings, equipment layout drawings, pipe network layout drawings, pipe network system drawings, etc.;

(5) Those who prepare their own water sources should provide water production process documents.

Article 16 Those engaged in the operation of public places at border ports shall provide the following materials when applying for a health license:

(1) Application form for health license;

(2) Identity certificate of the relevant person in charge or operator (if you entrust another person to handle the matter on your behalf, a letter of authorization and the identity certificate of the entrusted person shall be submitted at the same time);

(3) Plan of the business premises and plan layout of the sanitary facilities.

Article 17 If laws and regulations have other requirements, corresponding materials shall be submitted as required.

Article 18 Applicants applying for border port health licenses (hereinafter referred to as applicants) may submit materials in person or by letter, telegram, telex, fax, electronic data exchange, email, etc., and shall be responsible for the authenticity of the materials. .

Section 2 Acceptance

Article 19 The customs will handle the application for health license submitted by the applicant as follows:

(1) If the application matter does not require administrative licensing according to law, the applicant will be informed immediately that it will not be accepted;

(2) If the application matter does not fall within the scope of the customs' powers according to law, a decision shall be made immediately not to accept the application and the applicant shall be notified to apply to the relevant administrative agency;

(3) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;

(4) If the application materials are incomplete or do not comply with the legal form, the applicant shall be notified on the spot or within 5 days from the date of receipt of the application materials of all the contents that need to be supplemented and corrected. If no notification is made within the time limit, the application will be accepted from the date of receipt of the application materials;

(5) If the application matters fall within the purview of the Customs, the application materials are complete and comply with the legal form, or the applicant submits all supplementary and corrected application materials as required by the Customs, the health license application shall be accepted.

Article 20 The customs will decide by written statement whether to accept the application for health license.

(1) When the customs accepts an application for a health license, it shall issue a decision on the acceptance of the administrative license application to the applicant;

(2) If it does not fall within the scope of the customs' powers, a decision to reject the administrative license will be issued;

(3) If the application materials are incomplete or do not comply with the legal form, a notice of supplementation and correction of administrative license application materials will be issued.

Article 21 Customs will not require applicants to provide repeated application materials.

Section 3 Review

Article 22 Customs will review the completeness and validity of the application materials submitted by the applicant.

Article 23 If the application materials pass the review and on-site review is indeed necessary, the customs office that accepts the application will set up an on-site health license review team composed of more than 2 trained and qualified customs health supervision staff within 5 working days. , in accordance with the corresponding laws, regulations and health and safety standards, conduct on-site inspections of the company's health status, equipment and facilities, quality and safety control capabilities and related conditions, and fill in on-site inspection and supervision records.

Article 24 If the on-site review fails and cannot be rectified, the on-site review team shall propose a disapproval opinion; if the on-site review fails and can be rectified, the on-site review team may require the applicant to make rectifications within a time limit.

On-site inspection of food production and operation units is not included in the administrative licensing time limit, but it shall not exceed one month at most, and the applicant shall be notified.

Section 4 Decision and delivery

Article 25 The customs will, based on the results of review of application materials and on-site inspection, make a decision to grant administrative licensing to those who meet the conditions, and will permit a health license to the applicant; to those who do not meet the conditions, make a decision not to grant administrative licensing , the customs shall serve the applicant with a decision not to grant an administrative license, explain the reasons at the same time, and inform the applicant of the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 26 All documents delivered to the applicant should be made in duplicate, with one copy sent to the applicant and one copy kept by the customs. A delivery receipt should be filled in for service. One delivery receipt can be used for multiple documents.

Article 27 For health licensing matters that have been completed, the customs will file the relevant health licensing materials in a timely manner.

Section 5 Processing time and publications

Article 28 The customs will make an administrative licensing decision within 20 working days from the date of accepting the application. If the license period needs to be extended due to special reasons, it may be extended for 10 working days with the approval of the person in charge of the agency, and the applicant shall be notified of the reasons for the extension. For decisions on granting administrative licensing, the inspection and quarantine department shall issue a health license to the applicant within 10 working days from the date of decision.

Article 29 The customs shall publicize the licensing matters, basis, conditions, procedures, deadlines, catalog of materials to be submitted and sample text of health license application at the acceptance office site, and publish the health licensing results regularly.

Section 6 Changing procedures, continuation and reissue

Article 30 Under any of the following circumstances, producers and operators shall submit a change application to the customs that made the administrative licensing decision (hereinafter referred to as the original issuing agency):

(1) The name, legal representative (person in charge or operator), business scope or address number changes (the actual business location remains unchanged);

(2) Changes in functional layout, process flow, facilities and equipment may affect food safety.

The original issuing authority shall review the application for change. If the change is approved, a new health license will be issued, and the original health license number and validity period will remain unchanged.

Article 31 If a producer or operator needs to renew a health license, he or she shall submit a written renewal application to the original licensing authority 30 days before the expiration of the health license. If an extension application is submitted after the deadline, it will be processed as a new application for a health license.

Article 32 When applying for renewal of a health license, the following materials must be provided:

(1) Application form for health license;

(2) Materials explaining whether the materials submitted for the original application have changed (if there are changes, relevant materials should be supplemented).

Article 33 After the original license-issuing agency accepts the application for health license renewal, it shall review whether there are any changes to the originally licensed business premises, functional layout, technological processes, facilities and equipment, and whether it complies with relevant regulations. If the extension is approved, a new health license will be issued.

Article 34 When a production operator receives a new health license after change or extension, the original health license shall be returned to the original issuing agency.

Article 35 If a production operator loses or damages a health license, he shall make a public statement within 60 days of the loss or damage and apply to the original license-issuing agency for a reissue.

Section 7 Termination, Cancellation and Cancellation

Article 36 After the customs accepts the application for administrative licensing and before making an administrative licensing decision, if any of the following circumstances occurs, the application for health license will be terminated:

(1) The application matters do not require a health license according to law;

(2) The application matters do not fall within the scope of the customs' powers according to law;

(3) The applicant fails to supplement and correct relevant application materials within the prescribed time limit;

(4) The applicant withdraws the health license application;

(5) Others whose health license application should be terminated according to law.

Article 37 If any of the following circumstances occurs, the customs will revoke the health license obtained by the licensee in accordance with the law:

(1) Customs staff abuse their power and neglect their duties in making the decision to grant a health license;

(2) Making health licensing decisions beyond legal authority;

(3) Making health licensing decisions in violation of legal procedures;

(4) Granting health licenses to applicants who are not qualified to apply or do not meet legal conditions;

(5) The applicant obtains the health license by deception, bribery or other illegal means;

(6) Other circumstances under which the health license may be revoked in accordance with the law.

Article 38 If any of the following circumstances occurs, the customs will handle the cancellation procedures of the health license in accordance with the law and make it public:

(1) The validity period of the health license has expired and has not been extended;

(2) The legal person or other organization is terminated according to law;

(3) The licensee applies to cancel the health license;

(4) The health license has been revoked or withdrawn in accordance with the law, or the health license has been revoked in accordance with the law;

(5) Health licensing matters cannot be implemented due to force majeure;

(6) Other circumstances under which the health license should be canceled as stipulated by laws and regulations.

Article 39 If it is really necessary to change or withdraw the administrative license obtained by the licensee due to modification or abolition of the laws, regulations, rules on which the health license is based, or major changes in the objective circumstances on which the administrative license is granted, the administrative license obtained by the licensee shall be changed or withdrawn. The customs office with the administrative license shall make a decision to change or withdraw the administrative license.

Chapter 4 Supervision and Management

Article 40 The format of the health license shall be uniformly stipulated by the General Administration of Customs and shall be valid for 4 years.

Article 41 Those who carry out temporary production and business activities within the scope of border ports must apply for a temporary health license. The temporary health license is valid for no more than six months.

Article 42 Health licenses are uniformly printed using computers. Health licenses are uniformly numbered with 15 digits. The format is: issuing agency code (4 digits) + year number (last 2 digits) + classification number (5 digits) + certificate Serial number (4 digits).

The first digit of the classification number represents food production, the second digit represents food circulation (including transportation food supply), the third digit represents catering services, the fourth digit represents drinking water supply, and the fifth digit represents public places and operations. The category is represented by the number "1", and the business category that is not engaged in is represented by the number "0". The certificate serial number refers to the unclassified certificate serial number.

Article 43 Health licenses may not be altered, rented, lent, illegally transferred, or resold.

Producers and operators shall operate in accordance with the law within the scope of the license, and hang or place the health license in a conspicuous place on the business premises.

Article 44 If a higher-level customs get knowledge that a lower-level customs has violated regulations in implementing health licensing, it shall order the lower-level customs to make corrections within a time limit or directly make corrections.

Article 45 Customs and its staff shall consciously accept the supervision of production operators and society when performing health licensing duties.

When the customs receives reports of violations of regulations in implementing health permits, it will verify them in a timely manner; if the situation is true, it will make corrections immediately.

Chapter 5 Legal Liability

Article 46 If a food producer or operator violates food safety laws and regulations, the customs will impose penalties in accordance with the regulations of the Food Safety Law and its implementation regulations.

If food producers and traders engage in production and business activities beyond the scope of the scope, the customs will impose a fine of not less than 2,000 yuan but not more than 30,000 yuan according to the severity of the case.

Article 47 Food production, food circulation, catering services, and drinking water supply operators who commit the following acts shall bear the following legal responsibilities:

(1) If the applicant provides false materials or conceals the true situation, the customs will not accept the application or grant permission, and will give a warning. The applicant shall not apply for a health license again within one year.

(2) If an applicant obtains a health license through improper means such as deception or bribery, the customs shall impose administrative penalties in accordance with the law, and the applicant shall not apply for a health license again within three years; if it is suspected of constituting a crime, the applicant shall be transferred to the judicial authority for criminal liability.

(3) Anyone who alters, rents, lends, illegally transfers or resells a valid health license will be directly revoked, and the responsible person in charge shall not engage in food production, food circulation, catering services, or other activities within five years from the date of the penalty decision. Management of drinking water supply business units.

Article 48 If a public place operator commits the following acts, corresponding penalties will be imposed:

(1) Anyone who operates business without obtaining a health license in accordance with the law or operates outside the scope shall be ordered by the customs to make corrections within a time limit, given a warning, and fined not less than RMB 500 but not more than RMB 5,000; in any of the following circumstances, a fine of RMB 5,000 shall be imposed. Fines of more than 30,000 yuan and less than 30,000 yuan:

1. Those who have been punished by customs for operating without authorization;

2. Operating hours without authorization for more than 3 months;

3. Operating without authorization with a health license that has been altered, rented, lent, illegally transferred, resold, or forged;

4. Providing false materials, concealing the true status of business activities, or refusing to provide true materials.

(2) If one of the following circumstances occurs, the Customs shall order the person to make corrections within a time limit, give a warning, and may impose a fine of not more than 2,000 yuan; if the person fails to make corrections within the time limit, causing the sanitary quality of public places to fail to meet health standards and requirements, a fine of not less than 2,000 yuan may be imposed. A fine of not more than 20,000 yuan may be imposed; if the circumstances are serious, the business may be ordered to suspend business for rectification according to law, or the health license may be revoked:

1. Failure to conduct hygienic testing of the air, microclimate, water quality, lighting, lighting, noise, customer supplies, etc. in public places in accordance with regulations;

2. Failure to clean, disinfect, and clean customer supplies and utensils in accordance with regulations, or reuse disposable supplies and utensils.

(3) If an operator fails to take immediate measures to deal with an accident that endangers health, resulting in the expansion of the harm, or conceals, delays or makes false reports, the customs shall impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; if the circumstances are serious, the operator may be ordered to comply with the law. Suspend business for rectification, or even revoke the health license. Constitute a crime, be held criminally responsible.

Article 49 If the Customs and its staff violate the provisions of these Measures, abuse their power, neglect their duties, or engage in malpractice for personal gain during the health licensing work, they shall be held accountable in accordance with the law.

Chapter 6 Supplementary Provisions

Article 50 The term “border ports" as mentioned in these Measures refers to international ports for entry or exit of persons, luggage, goods, containers, means of transportation, articles and postal parcels, as well as for entry or exit of persons, luggage, goods, containers, transportation Units and areas served by tools, items and packages.

The term "food supply for inbound/outbound transportation" as mentioned in these Measures refers to the act of supplying food to other international transportation vehicles (such as ships, trains, etc.), in addition to the supply of aviation catering food.

Article 51 These Measures shall come into effect on July 1, 2016. If a producer or operator has obtained the "Border Port Food Production and Operation Unit Hygiene License" or "Border Port Service Industry Hygiene License" before the implementation of these Measures, the license will continue to be valid within the validity period. If previous relevant provisions are inconsistent with these Measures, these Measures shall prevail.