Animal Feed Customs Clearance Service (Importing into China)

The "Measures for the Administration of Registration of Imported Feeds and Feed Additives" (Ministry of Agriculture Decree No. 2 of 2014) came into force on July 1, 2014. According to Article 3 of the Measures, "Overseas enterprises exporting feed or feed additives to China for the first time shall apply to the Ministry of Agriculture for import registration and obtain an import registration certificate; products without such a certificate shall not be sold or used in China." Notably, as a key change concerning industry enterprises, Article 4 of the new Measures stipulates that "Overseas enterprises applying for import registration must entrust a domestic agency in China to handle the procedures."

In accordance with the Measures, the following product categories require registration and the acquisition of an "Imported Feed and Feed Additive Product Registration Certificate":

• (1) Compound feeds: Pet feeds including dry food and wet food (canned)

• (2) Concentrated feeds

• (3) Additive premixed feeds

• (4) Concentrate supplements

• (5) Feed additives: Products listed in the "Catalogue of Feed Additive Varieties (2008)" (Ministry of Agriculture Announcement No. 1126), as well as unlisted feed additives approved for production and use in their country of origin, require review and registration.

• (6) Animal-derived feeds

• (7) Single feeds: Fat powder (plant-sourced), inactivated brewer's yeast powder for feed, enzymatically hydrolyzed soybean protein, fermented soybean meal, potato protein powder and its fermented products, extruded soybean meal, DDGS, DDG, and other single feed products processed via special techniques;

• (8) Other protein feeds, energy feeds, and their mixtures (excluding bulk feed raw materials such as soybean meal, palm kernel meal, etc.)

According to the "Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Feeds and Feed Additives" by the General Administration of Quality Supervision, Inspection and Quarantine, "The General Administration implements a registration system for overseas production enterprises in countries/regions permitted to export feed to China; imported feed must originate from registered overseas production enterprises." The administration regularly publishes the "List of Countries/Regions and Products Permitted for Import of Feeds and Feed Additives."

Enterprises should check whether their imported products (and production enterprises) are included in the aforesaid list. If not, relevant filing, registration, and product access procedures must be completed.

(Promulgated by the Ministry of Agriculture Decree No. 2 of 2014 on January 13)

1. These Measures are formulated in accordance with the "Regulations on the Administration of Feeds and Feed Additives" to strengthen the supervision of imported feeds and feed additives and ensure the quality and safety of animal products.

2. For the purpose of these Measures, "feed" refers to industrially processed products for animal consumption, including single feeds, additive premixed feeds, concentrated feeds, compound feeds, and concentrate supplements.

3. "Feed additives" refer to small or trace substances added during feed processing, production, or use, including nutritional feed additives and general feed additives.

4. Overseas enterprises exporting feed or feed additives to China for the first time must apply to the Ministry of Agriculture for import registration and obtain an import registration certificate; products without such a certificate shall not be sold or used in China.

5. Overseas enterprises applying for import registration must entrust a domestic agency in China to handle the procedures.

6. Feeds and feed additives applying for import registration must comply with relevant laws, regulations, and technical specifications of both their country of origin and China.

7. Feeds and feed additives not approved for production/use or prohibited in their country of origin shall not be registered.

8. Applicants for import registration of feeds or feed additives shall submit truthful, complete, and standardized application materials (in both Chinese and English, in duplicate) and samples to the Ministry of Agriculture.

9. The application materials include:

• (1) Application form for import registration of feeds/feed additives;

• (2) Power of attorney and qualification certificate of the domestic agency: If an overseas enterprise entrusts its resident representative office in China, the original power of attorney and a copy of the "Registration Certificate of Resident Representative Office of Foreign Enterprise in China" shall be provided; if entrusting another domestic agency, the original power of attorney and a copy of the agency's legal person business license shall be provided;

• (3) Proof of approval for production and use in the country of origin, registration documents from other countries/regions, and product promotion status;

• (4) For imported feed: product name, composition, physical and chemical properties, scope of application, and usage method; for imported feed additives: product name, main ingredients, physical and chemical properties, source, purpose, scope of application, and usage method;

• (5) Production process, quality standards, testing methods, and inspection reports;

• (6) Labels, trademarks used in the country of origin, and samples of Chinese labels;

• (7) For microbial or fermented products, a strain preservation certificate issued by an authoritative institution shall also be provided.

10. For exports to China of feeds or feed additives specified in Article 13 of these Measures, the following additional materials must be submitted:

• (1) Chemical structure identification report of active ingredients or classification identification report of animals, plants, or microorganisms;

• (2) Product effectiveness evaluation report and safety evaluation report (including target animal tolerance evaluation, toxicological safety evaluation, metabolism and residue evaluation, etc.) issued by a testing institution designated by the Ministry of Agriculture; for feed additives, an analysis report on potential impacts of residues in animal products on human health shall also be provided;

• (3) Stability test report and environmental impact report;

• (4) If there are maximum limit requirements in feed products, the maximum limit value and testing method for active ingredients in feed products shall be provided.

11. Product samples must meet the following requirements:

• (1) Three batches of samples for each product, with 2 samples per batch, each sample being at least 5 times the quantity required for testing;

• (2) Relevant reference standards or chemical reference substances shall be provided if necessary.

12. The Ministry of Agriculture shall review the application materials within 10 working days from the date of acceptance; if qualified, the applicant shall be notified to submit samples to an inspection institution designated by the Ministry for rechecking and testing.

13. Rechecking and testing include quality standard verification and sample testing. National or industry standards shall be prioritized for testing methods; in the absence of such standards, the applicant's provided methods shall be used. Inspection institutions may adjust methods based on actual circumstances if necessary.

14. Inspection institutions shall complete rechecking and testing within 3 months and submit the report to the Ministry of Agriculture, with a copy sent to the applicant.

15. Overseas enterprises with objections to rechecking results may apply for a re-inspection within 15 working days of receiving the report.

16. If rechecking is qualified, the Ministry of Agriculture shall issue the import registration certificate within 10 working days and make an announcement.

17. Import registration applications for feeds or feed additives under any of the following circumstances shall be reviewed by the Ministry of Agriculture in accordance with the review procedures for new feeds or feed additives:

• (1) Feeds or feed additives not yet used in China but approved for production and use in their country of origin;

• (2) Feed additives with expanded scope of application;

• (3) Feed additives with content specifications lower than safety standards, except those formulated with carriers or diluents in specific proportions;

• (4) Feed additives with significant changes in production processes;

• (5) Products with new feed or feed additive certificates issued by the Ministry of Agriculture that have not been produced within 3 years of certification;

• (6) Other circumstances involving potential quality and safety risks.

18. The validity period of import registration certificates for feeds and feed additives is 5 years.

19. Enterprises needing to continue exporting to China after expiration shall apply for renewal 6 months before the expiry date.

20. Renewal applications shall provide the following materials:

• (1) Renewal application form for imported feeds/feed additives;

• (2) Copy of the import registration certificate;

• (3) Power of attorney and qualification certificate of the domestic agency;

• (4) Proof of approval for production and use in the country of origin;

• (5) Quality standards, testing methods, and inspection reports;

• (6) Labels, trademarks used in the country of origin, and samples of Chinese labels.

21. Under any of the following circumstances, samples for rechecking and testing must be submitted with renewal applications:

• (1) Adjustments to product quality and safety testing items are required in accordance with relevant laws, regulations, or technical specifications;

• (2) Product testing methods have changed;

• (3) There are records of unqualified results in supervision and random inspections.

22. During the validity period of the registration certificate, if the production site of imported feeds or feed additives is relocated, or there are changes in product quality standards, production processes, or scope of application, a new registration application must be submitted.

23. During the validity period of the registration certificate, an application for change registration is required under any of the following circumstances:

• (1) Changes in the Chinese or foreign product name;

• (2) Changes in the applicant's name;

• (3) Changes in the manufacturer's name;

• (4) Changes in the production address name.

24. Applications for change registration shall provide the following materials:

• (1) Change registration application form for imported feeds/feed additives;

• (2) Power of attorney and qualification certificate of the domestic agency;

• (3) Original import registration certificate;

• (4) Explanation of changes and relevant supporting documents.

25. The Ministry of Agriculture shall decide whether to approve the change within 10 working days of accepting the change application.

26. Relevant entities and personnel engaged in import registration work shall keep confidential the technical materials submitted by applicants that require confidentiality.

27. Overseas enterprises shall legally establish sales organizations in China or entrust qualified domestic agencies to sell imported feeds and feed additives.

28. Overseas enterprises shall not directly sell imported feeds or feed additives in China.

29. Overseas enterprises shall establish sales organizations or entrust sales agents in China within 6 months of obtaining the import registration certificate and report to the Ministry of Agriculture for filing.

30. Any changes to the aforesaid sales organizations or agents must be reported to the Ministry of Agriculture for re-filing within 1 month.

31. Imported feeds and feed additives must be packaged in accordance with China's safety and hygiene regulations and be accompanied by compliant Chinese labels.

32. If imported feeds or feed additives are proven harmful to farmed animals, human health, or the environment during use, the Ministry of Agriculture shall announce a ban and revoke the import registration certificate.

33. During the validity period of the registration certificate, if the product is prohibited or its production/use license is revoked in the country of origin, the overseas enterprise must immediately report to the Ministry of Agriculture, which will revoke the registration certificate and make an announcement.

34. Overseas enterprises discovering that their exported feeds or feed additives are harmful to farmed animals, human health, or have other safety hazards must immediately notify their domestic sales organizations or agents and report to the Ministry of Agriculture.

35. The domestic sales organizations or agents of overseas enterprises must actively recall such products, record the recall process, and report to the local feed administrative department.

36. Recalled products shall be harmlessly treated or destroyed under the supervision of the local feed administrative department at or above the county level.

37. The Ministry of Agriculture and local feed administrative departments at or above the county level shall conduct regular or irregular supervision and random inspections of imported feeds and feed additives as needed. Testing for such inspections shall be undertaken by institutions with appropriate technical capabilities designated by the Ministry of Agriculture or provincial feed administrative departments.

38. Supervision and random inspections of imported feeds and feed additives shall be based on the quality standards determined during the import registration rechecking process.

39. The Ministry of Agriculture and provincial feed administrative departments shall promptly publish inspection results and may disclose lists of overseas enterprises, their sales organizations, and agents with poor records.

40. Personnel engaged in import registration work who fail to perform their duties, abuse their powers, neglect their responsibilities, or engage in malpractice for personal gain shall be disciplined in accordance with the law; criminal liability shall be pursued if crimes are committed.

41. Providing false materials or samples or using other deceptive means to apply for registration will result in the application being rejected, with a 1-year ban on applications from the overseas enterprise and its agent.

42. Obtaining registration certificates through deception will result in revocation of the certificate, a fine of 50,000 to 100,000 yuan for the agent, and a 3-year ban on applications from the overseas enterprise and its agent.

43. Other violations of these Measures shall be punished in accordance with the "Regulations on the Administration of Feeds and Feed Additives."

44. These Measures came into force on July 1, 2014, repealing the "Measures for the Administration of Registration of Imported Feeds and Feed Additives" promulgated by the Ministry of Agriculture on August 17, 2000 and revised on July 1, 2004.