Article 93
For imported foods that do not have food safety national standards, the foreign exporters, overseas production enterprises or their entrusted importers shall submit relevant national (regional) standards or international standards to the health administrative department of the State Council.
The health administrative department of the State Council examines the relevant standards and decides that it meets the food safety requirements, and decides to apply it temporarily, and formulates corresponding national food safety standards in a timely manner. imported foods or new varieties of imported food additives and new varieties of food-related products produced by using new food raw materials shall be handled in accordance with the provisions of Article 37 of this Law.
The health administrative department of the State Council examines the relevant standards and decides that it meets the food safety requirements, and decides to apply it temporarily, and formulates corresponding national food safety standards in a timely manner. imported foods or new varieties of imported food additives and new varieties of food-related products produced by using new food raw materials shall be handled in accordance with the provisions of Article 37 of this Law.
The entry-exit inspection and quarantine institutions shall, in accordance with the requirements of the health administrative department of the State Council, inspect the food, food additives and food-related products specified in the preceding paragraph. The test results should be made public.
Real Case Analysis
Mr. Li, the owner of a Chinese online store specializing in Southeast Asian snacks, often needs to travel to Malaysia and Thailand. In February 2017, Mr. Li imported a special local snack products from Malaysia that is unique in color, flavor and taste. However, at the time of returning to the country for security inspection, the Customs inspected the food carried by Mr. Li and found that there is no food safety national standard in China. In order to ensure food safety, the Customs detained the goods according to law. What should Mr. Li do?
Expert statement
In order to strengthen the review of the formulation and production process of imported foods and lower the risk of food safety, Article 93 of China's Food Safety Law stipulates that imported foods that do not have food safety national standards shall be exported by overseas exporters and overseas production enterprises. Or the entrusted importer submits the relevant national (regional) standards or international standards to the health administrative department of the State Council. In this case, since the food imported by Mr. Li has no corresponding food safety national standards in China, in order to protect the food safety of consumers and avoid food safety accidents after consumption, he should submit relevant implementation documents and national standards to the health administrative department of the State Council. After attaining the permit, which the products are approved by the department, the products can be sold in China.
Conclusion
China's laws stipulate the import food certification that does not yet have a food safety national standard. Food operators should strictly implement it, and relevant departments should conduct strict inspections.