2021-73: Plant Export Operations – Advice to food processing and storage facilities managing issues arising from the implementation of China’s new registration and labelling requirements

22 December 2021

Purpose

This Industry Advice Notice (IAN) is to provide updated advice to food processing and storage facilities handling product for export to China on registration numbers and labelling requirements. This IAN also provides advice on issues with exports and detained consignments arising from the implementation of China’s requirements for imported food.

Key points

• Additional information on registration numbers and labelling requirements is provided below.
• Contact information has been provided below for exporters experiencing issues or detained consignments arising from the implementation of China’s requirements for imported food from 1 January 2022.
• This notice refers to Article 7 and Article 9 foods. Detailed descriptions of these foods are provided in IAN 2021-55
• The registration and labelling requirements for China do not apply to fresh fruit orchards, fresh fruit packhouses and fresh fruit storage facilities.
• The registration and labelling requirements for China do not apply to unprocessed wheat and barley.

UPDATED ADVICE ON REGISTRATION NUMBERS AND LABELLING REQUIREMENTS

• China’s new labelling requirements apply to food products produced on or after 1 January 2022.
• For exports departing Australia on or after 1 January 2022, a ‘China registration number’ is required by Chinese importers to obtain an import permit for customs clearance.
• The ‘China registration number’ means either the competent authority issued registration number (this is your department establishment number also referred to as your ER number) or General Administration of Customs of China (GACC) issued registration number.
• All facilities manufacturing Article 7 products have a department issued ER number, which can be used for this process.
• GACC is yet to issue the GACC specific registration numbers for commodities listed under Article 7 of Decree 248 and no timeframe has been indicated for when this will be actioned.
• For Article 9 products requiring self-registration, a ‘China registration number’ will be issued by China via the Single Window System after applications have been approved.
• GACC have reiterated that the ‘China registration number’ should be included on both the inside and outside packaging labels.
• Further to advice provided in IAN 2021-67, we have received advice that there is no set format for product labels, except that the labelling must be presented in a way that is easily distinguishable to Chinese customers.
• GACC have confirmed that the storage facility registration number is not required on the label. Only the food processing facility registration number should appear on the inner and outer label.

Note: the processing facility registration number on the label should be consistent with any other documentation or certification where the number has been provided.

ADVICE ON ISSUES WITH EXPORTS OR DETAINED CONSIGNMENTS

1. Contacting the department between 25 December 2021 and 3 January 2022 for urgent issues related to detained consignments

Our Canberra office will be closed from 5:00 pm AESDT, Friday 24 December 2021 until to 8:30 am AESDT, Tuesday 4 January 2022.
The following contact information is provided for issues arising from the implementation of China’s new registration and labelling requirements over the Christmas New Year close down period and is for urgent issues only.

Email: exdoc.helpdesk@aff.gov.au
Phone: 02 6272 4700.

For non-urgent enquiries regarding China’s new requirements, refer to Attachment 1 for contact details specific to your commodity. Non-urgent enquiries will be responded to on or after 4 January 2022.

2. Advice for facilities with consignments detained by China Customs from 1 January 2021

We will facilitate market access and seek to ensure importing country requirements are up to date and accurate. However, it may not be possible to successfully facilitate every detained consignment.

Exporters are advised to consider their own risks, potential losses, and ensure they have independently confirmed all relevant importing country requirements prior to exporting product to China. Exporters are urged to seek advice from their importers about any potential disruptions to the clearance of their shipments. 
Detained consignments may occur for exports of Article 7 and Article 9 foods from 1 January 2022 for the following reasons:

• The food processing or storage facility is not registered with the GACC.
• The food processing or storage facility registration was submitted to GACC but has not yet appeared on an approval list; or has not been issued with a GACC registration number.
• The food processing or storage facility is registered with GACC, but the details are incorrect or inconsistent with GACC’s records.
• The food product exported does not meet the labelling requirements.

2.1 The food processing or storage facility is not registered with GACC

Article 7 foods

• Food will not be eligible for export to China until an application for registration of the facility has been submitted by us to GACC and the application approved by GACC.
• If the food processing or storage facility registration has not been approved by GACC, the product will need to be returned to Australia (Refer to Section 3) or redirected to an alternative market.
• Advice on how to submit new registration applications for Article 7 food products will be released in the new year.
• Submission and assessment timeframes by GACC for new registration applications are currently unknown, and this may cause trade delays.

Article 9 foods

• Food will not be eligible for export to China until an application for self-registration has been submitted and approved by GACC through their Single Window System.
• Refer to IAN 2021-67 for advice on how to register Article 9 food products through the Single Window System.
• If food arrives in China and the self-registration has not been approved by GACC, the product will need to be returned to Australia (Refer to Section 3) or redirected to an alternative market.
• You must ensure your application for registration has been approved by GACC before exporting to China again. Alternatively, can you work closely with your importer, agent or directly with GACC. 

Note: The Single Window System is owned and administered by GACC, and we do not have oversight of the information submitted, or the status of applications.

2.2 The food processing or storage facility registration was submitted to GACC but has not yet appeared on an approval list

Article 7 foods

If an application has been submitted, but the registration has not been published on the GACC approved lists of registered facilities, please advise us as per the contact information in Section 1.

Article 9 foods

If the approval for self-registration through the Single Window System has not been published by GACC, you must seek assistance through your importer, agent or directly through GACC.

Note: The Single Window System is owned and administered by GACC, and we do not have oversight of the information submitted, or the status of applications.

2.3 The food processing or storage facility is registered with GACC however the details are incorrect or inconsistent with GACC records.

Article 7 foods

If the facility is registered with GACC but the published registration details are incorrect or inconsistent with GACC records, please advise us as per the contact information in Section 1.

Article 9 foods

If the facility is self-registered with GACC, but the published registration details are incorrect or inconsistent with the Single Window System, you are advised to work closely with your importer, agent, GACC or port officials to ensure correct records are updated or amended.

2.4 The product does not meet the labelling requirements.

• We understand that the new GACC food labelling requirements apply to products produced on or after 1 January 2022.
• Refer to IAN 2021-67 for advice on China’s new labelling requirements.

Article 7 foods

If the food does not meet the labelling requirements and it is:

• Food for special dietary uses or health foods
  • the information must be printed on the minimum sales packaging.
  • over-stickering or adhesive product labels will not be accepted.
  • the product may need to be returned to Australia (Refer to Section 3) or redirected to an alternative market.
• All other Article 7 food:
  • over-stickering or supplementary labels may be accepted as an interim solution.
  • liaise closely with your importer, agent, and China port officials for assistance and to seek resolution of the issue.
  • Note: this option may be subject to China customs port official approval and may depend on the type of product that has been exported.

If you continue to encounter difficulties, please advise us as per the contact information in Section 1.

Article 9 foods

If the food does not meet the labelling requirements:

• over-stickering or supplementary labels may be accepted as an interim solution.
• liaise closely with your importer, agent, and China port officials for assistance and to seek resolution of the issue.
• Note: this option may be subject to China customs port official approval and the type of product that has been exported.

If you continue to encounter difficulties, please advise us as per the contact information in Section 1.

3. Advice for returning product to Australia

• Returning Australian products may be subject to assessment by us to determine the biosecurity risk. An import permit may be required to enter Australia.
• For more information, refer to Returning Australian products.
• Conditions to return and import consignments will vary depending on the condition of the shipping container seals as applicable.
• Direct enquiries to imports@aff.gov.au.

3.1 Products exported in containers with official department approved container seals

• If the official department approved container seals remain intact, an import permit will not be required for entry back into Australia.
• The import consignment details must be lodged on Cargo Online Lodgement System (COLS).
• The import team will provide a direction on the biosecurity action required. An inspection may be required to confirm the status of the official department approved container seals.
• Email the following documents, where available, to returnedexportfood@awe.gov.au
  • Documentation, such as bill of lading, health certificates and the like.
  • Reason for return
  • Expected date of arrival
  • Port of return
  • Intention (re-export, reworking and the like).

For more details regarding import conditions, search for ‘Returning Australian products’ on BICON Australian Biosecurity Import Conditions.

3.2 Products not exported in containers with official department approved container seals or the container seals have been broken

• If official department approved container seals were not applied to the export or the container seals have been broken, an import assessment will be required.
• An import assessment will require the following information
  • Export bill of lading
  • Export health or phytosanitary certificate
  • Reason for return for example, official notice of rejection issued by the government customs or quarantine authority in the county returning the goods
  • A non-manipulation certificate issued by the government customs or quarantine authority in the county returning the goods. This document should confirm the goods have remained under government control for their entire stay overseas and have not been tampered with or substituted.
• Where the non-manipulation certificate cannot be obtained, we may need to work with importers to provide alternative evidence to confirm the goods have not entered the market in China and have not been tampered with or substituted.
• In some cases, an import permit will be issued that only allows the goods to be re-exported. These goods must remain under biosecurity control at an Approved Arrangements Site (AA Site) in Australia until exported.
• If the goods are required by the overseas competent authority to be exported from an Approved Export Establishment, then this establishment must also be an AA Site.

For information on application for an import permit, search for ‘Returning Australian products’ on BICON Australian Biosecurity Import Conditions.
Note: Under the Biosecurity Act 2015 if an import permit is required, the permit must be issued prior to arrival of the goods into Australian territory.

If you have a detained consignment in China that will be returned to Australia, you must apply for an import permit as soon as possible to allow enough time to complete an assessment prior to goods arriving in Australia.

Background

Background information on this notice can be found in IAN 2021-41, IAN 2021-52, IAN 2021-53, IAN 2021-55, IAN 2021-58 and IAN 2021-67
Information about China’s new requirements for imported food is also published at Have Your Say China’s new requirements for imported food. This webpage includes frequently asked questions as well as recordings of two department led webinars on China’s new requirements

Contact Information

Contact Export Listing for any enquiries.

The information provided in this advice is current at the time of writing and is intended for use as guidance only and should not be taken as definitive or exhaustive. The Commonwealth endeavours to keep information current and accurate, however, it may be subject to change without notice. Exporters are encouraged to verify these details with their importers prior to undertaking production/exports. The Commonwealth will not accept liability for any loss resulting from reliance on information contained in this notice.

David Ironside
Assistant Secretary
Plant Export Operations Branch