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Chapter I General Rules
Article 1 For the purpose of regulating the inspection and quarantine as well as supervision and administration of outbound fruits, and improving the quality and safety of outbound fruits, these Measures are constituted according to the Law of the People’s Republic of China Concerning the Entry and Exit Animal and Plant Quarantine and the regulations for the implementation thereof, the Law of the People’s Republic of China Concerning Import and Export Commodity Inspection and the regulations for the implementation thereof, the Food Hygiene Law of the People’s Republic of China, as well as other related laws and regulations.
Article 2 The inspection and quarantine as well as the supervision and administration of the outbound fresh fruits (including frozen fruits, hereinafter referred to as fruits) of China shall be governed by these Measures.
Article 3 The inspection and quarantine as well as the supervision and administration of outbound fruits throughout China shall be uniformly administered by the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ).
The entry and exit inspection and quarantine institution set up at each locality by the SAQSIQ (hereinafter referred to as the inspection and quarantine institution) shall be responsible for the inspection and quarantine as well as supervision and administration of the outbound fruits within its own jurisdiction.
Article 4 In case any bilateral agreement or protocol, etc., which are entered into between China and the importing country or region, definitely stipulates, or any law and regulation of the importing country or region requests, that the orchard and the packing factory of the fruits imported to that country or region shall be registered, the inspection and quarantine institution shall register the orchard and the packing factory of the fruits exported to that country or region in accordance with legal provisions.
In case neither bilateral agreement or protocol between China and the importing country or region provisions clearly, nor does any law or regulation of the importing country or region require clearly, the orchard or the packing factory of the outbound fruits may file an application for registration to the inspection and quarantine institution.
Chapter II Registration
Article 5 When applying for registration, an orchard of outbound fruits shall satisfy the following conditions:
(1) It plants fruits within a whole area of 100 mu or more;
(2) No polluting source, which affects the production of fruits, exists around;
(3) It has full-time or part-time plantation custodians who are responsible for monitoring, preventing and controlling harmful organisms within the orchard;
(4) It has established a sound quality management system. The quality management system documents shall include related materials concerning organizational structure, staff trainings, monitoring and control of harmful organisms, use and management of agricultural chemicals as well as nice agricultural operation norms, etc.;
(5) No major epidemic circumstance of plant has occurred within the latest two years; and
(6) Where any bilateral agreement, protocol or any law or regulation of the importing country or region has particular provisions regarding the registration, such provisions shall also apply.
Article 6 When applying for registration, a packing factory of outbound fruits shall satisfy the following conditions:
(1) The factory area is neat and clean, and possesses raw material sites and finished product warehouses satisfying the requirements for storing fruits;
(2) The depositing, processing, treatment and storage functional areas of fruits are independent relatively, the layout is reasonable, and measures are taken to separate the functional areas from the living area and a proper distance between them shall be maintained;
(3) It has the facilities for washing, processing, anti-pest, anti-disease and disinfection treatment, which satisfy quarantine requirements;
(4) The water sources and agricultural chemicals, which are used to process the fruits, must satisfy the related requirements on food hygiene and those of the importing country or region;
(5) It has established a sound hygienic quality management system, including the management in the steps of supply, processing, packing and storage of fruits; and has detailed records on the information about the sources of fruits, measures for prevention and monitoring epidemic and tests of harmful organisms, toxic and harmful substance;
(6) Full-time or part-time plantation custodians are equipped to be in charge of implementing the epidemic prevention measures in the steps of inspection, acceptance, processing, packing and depositing of raw material fruits, controlling toxic and harmful substances, treating abandoned fruits, self-testing finished fruits and so on;
(7) It possesses orchards that are suitable for its processing capacity to supply fruits, or has established stable supply relationships with the supplying orchards; and
(8) In case particular provisions regarding the registration in any bilateral agreement, protocol or any law or regulation of the importing country or region exist, such provisions shall also apply.
Article 7 When applying for registration, an orchard shall apply to the local inspection and quarantine institution in written form, and the following materials (in duplicate) shall be submitted:
(1) The Application Form for the Registration of the Orchard of Outbound Fruits;
(2) The effective certifications on lawful operation and management of the orchard (effective certifications on contracting, lease or use of the land of the orchard), the sketch map and ichnography thereof;
(3) Documents in respect of quality management system of the orchard; and
(4) A photocopy of related qualification certificates or corresponding technical diplomas of the plantation custodians.
Article 8 When applying for registration, a packing factory shall apply to the local inspection and quarantine institution in written form, and the following materials (in duplicate) shall be submitted:
(1) The Application Form for the Registration of the Packing Factory of Outbound Fruits;
(2) A photocopy of the business license;
(3) The ichnography of the packing factory area and the workflow and a brief introduction thereon;
(4) A name list of the orchards supplying fruits, and photocopies of the related contracts on production and purchase of fruits, which are entered into between the packing factory and each orchard; and
(5) Documents on hygienic and quality management system .
Article 9 An inspection and quarantine institution shall check the application materials pursuant to legal provisions, determine whether they are complete and satisfy the requirements as specified in the related provisions, make a decision on accepting or not accepting the application, and issue a written voucher. In case the submitted materials are incomplete or not up to standards, it shall, either on the spot or within five working days after receipt of the application, notify the applicant once for all to make supplement. In case it fails to inform the applicant within the time limit, it shall be considered to have accepted the application as of its receipt of the application materials.
The inspection and quarantine institution shall, after accepting the application, check the application materials provided by the orchard or the packing factory of outbound fruits applying for registration, and organize an expert panel to assess on the spot.
Article 10 An inspection and quarantine institution shall make a decision on permitting or not permitting the registration within 20 workdays (excluding the time of on-the-spot assessment) as of its receipt of the application.
In case an application is accepted by a branch inspection and quarantine institution, the branch shall finish the preliminary examination of the application materials within 10 workdays as of receipt of the application; where the application is found to be qualified from the preliminary examination, it shall be submitted to the entry and exit inspection and quarantine bureau directly subordinated to the SAQSIQ (hereinafter referred to as the directly subordinate inspection and quarantine bureau), who shall make a decision on permitting or not permitting the registration within 10 workdays.
The directly subordinate inspection and quarantine bureau shall report to the SAQSIQ the name list of the registered orchards and packing factories for archival filing.
Article 11 The valid term of a registration certificate shall be three years. The orchard or the packing factory shall apply for change of the certificate to the local inspection and quarantine institution three months prior to the expiry of the valid term of the registration certificate.
Article 12 A registered orchard or packing factory shall apply to the inspection and quarantine institution for going through alteration formalities under any of the following circumstances:
(1) The orchard enlarges the plantation area;
(2) The orchard’s contract undertaker, principle or plantation custodians have been altered;
(3) The packing factory’s legal representative or principle has been altered;
(4) The registered orchard supplying fruits to the packing factory has been altered;
(5) The variety of the packing factory’s processed fruits has been altered; or
(6) Other major alterations.
Article 13 A registered orchard or packing factory shall re-apply to the inspection and quarantine institution for registration under any of the following circumstances:
(1) The orchard has changed the location or the variety of the fruits;
(2) The packing factory has been rebuilt, enlarged and moved; or
(3) Other major changes.
Article 14 In case any bilateral agreement or protocol, etc. entered into between China and the importing country or region definitely provisions, or any of the laws and regulations of the importing country or region requests, that the orchard and the packing factory exporting fruits to that country or region shall be registered, the orchard or the packing factory of the outbound fruits shall not export fruits to the countries concerned until the SAQSIQ has recommended it in a centralized way, and the inspection and quarantine department of the importing country or region has accredited it.
Chapter III Supervision and Administration
Article 15 An inspection and quarantine institution shall monitor the harmful organisms as well as supervising and administering the toxic and harmful substances in the orchards and the packing factories of outbound fruits within its jurisdiction. The monitoring result and the supervision situation shall be taken as the important basis for classified administration of the outbound fruits for inspection and quarantine.
Article 16 Effective measures shall be taken by the orchard or packing factory of outbound fruits to monitor, prevent and comprehensively manage harmful organisms so as to avoid and control the occurrence of quarantined harmful organisms to which the importing country or region attaches importance. The orchard or packing factory of outbound fruits shall conform to the related regulations and standards, safely and reasonably utilize agricultural chemicals, and shall not buy, store or utilize the chemicals that are forbidden from being used on fruits by China or the importing country or region.
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