Promulgator:General Administration of Quality Supervision, Inspection andQuarantine  

DocumentNo: Order of the State Administration of Quality Supervision, Inspection andQuarantine [2004] No. 62 

EffectiveDate:May 24,2004

                  Chapter I General Provisions

Article 1 These Measures have beenformulated — in accordance with the Law of the People's Republic of China onImported and Exported Commodities Inspection, the Food Hygiene Law of thePeople's Republic of China, and the Law of the People's Republic of China onthe Quarantine of Importing and Exporting Animals and Plants, and its detailedimplementation regulations, the Regulation on the Administrationof the Safety of Genetically Modified Agricultural Organisms, and theprovisions of other laws and regulations — to strengthen the administration ofthe inspection and quarantine of genetically modified products entering andexiting the territory, and to ensure human health and the safety of animals,plants and micro-organisms, and to protect the environment.

Article 2 The Measures shall applyto the inspection and quarantine of genetically modified products that enterand exit the territory through various means (including trade, processingcustomers' materials, mail, production, reproduction for others, scientificresearch, exchanges, exhibitions, aid, and donations).

Article 3 The term "GeneticallyModified Products," as mentioned in the Measures, shall refer toagricultural organisms, which are genetically modified, as outlined in theRegulation on the Administration of the Safety of Genetically ModifiedAgricultural Organisms, and the genetically modified organisms and productsoutlined in other laws and regulations.

Article 4 The State Administrationof Quality Supervision, Inspection and Quarantine (hereinafter referred to asSAQSIQ) shall be responsible for the nationwide administration of the inspectionand quarantine of genetically modified products that enter and exit theterritory. The entry-exit inspection and quarantine organs (hereinafterreferred to as the inspection and quarantine organs) established by SAQSIQ, atall the local regions, shall be responsible for inspecting, quarantining,supervising and administering genetically modified products that enter and exitthe territory within their own jurisdictions.

Article 5 SAQSIQ shall implement apermit system on the genetically modified agricultural products that aretransferred by passing through the territory of China. Other geneticallymodified products that are transferred by passing through the territory ofChina shall be administered in accordance with relevant state provisions, ifany.

             Chapter II Entry Inspection andQuarantine

Article 6 SAQSIQ shall implement adeclaration system on genetically modified animals and plants and theirproducts, micro-organisms and their products and foods that enter the country.

Article 7 If a consignor or hisagent is handling the formalities for entry inspection declaration, he/sheshall indicate, in the column of the name of the goods in the Bill ofInspection Declaration on Entry Goods, whether the goods are geneticallymodified products. If he declares the goods are genetically modified products,he/she shall, in addition to providing the relevant documentation, provide theCertificate of Safety of Genetically Modified Agricultural Organisms (or therelevant documents of approval, hereinafter referred to as the documents ofapproval) and the Document of Examination, Certification and Approval of theMarks of Genetically Modified Agricultural Organisms, which are signed andissued by the competent department in charge, as outlined in the laws andregulations.

Article 8 If any geneticallymodified products entering the territory are subject to the markadministration, the inspection and quarantine organs shall check the marks, andapprove the entry of those products that comply with the documents ofexamination, certification and approval of the genetically modifiedagricultural organisms. Those products that fail to be marked, as required,shall not be permitted to enter the country until they are marked again. Thoseproducts that are not so marked may not enter the country.

Article 9 If genetically modifiedproducts entering the territory have been listed in the catalogue ofgenetically modified agricultural organisms (formulated by the administrativedepartment of agriculture of the State Council) and are subject to the markadministration, and if they are declared as genetically modified, theinspection and quarantine organs shall conduct conformity testing of agenetically modified project. If the products are declared as not genetically modifiedproducts, the inspection and quarantine organs shall conduct spot checks on thegenetically modified project. Regarding animals and plants and their products,micro-organisms and their products, and foods that are not included in thecatalogue of genetically modified agricultural organisms subject to the markadministration, the inspection and quarantine organs may conduct spot checks totest the genetically modified project.
An inspection and quarantine organ shall conduct tests of a genetically modifiedproject, in accordance with state-approved testing measures and standards.

Article 10 If any product has passedrelevant testing, it shall be allowed to enter the country. Under any of thefollowing circumstances, the inspection and quarantine organs shall notify theconsignor, or his agent, to either return or destroy the goods:
1. The products are declared as genetically modified products, but thegenetically modified ingredients do not correspond with the documents ofapproval, upon testing; or
2. The products are declared as not genetically modified products, but thereare genetically modified ingredients in them, upon testing.

Article 11 No genetically modifiedproducts for exhibition may enter the territory of China until the relevantdocuments of approval, issued by the competent department in charge, asoutlined by laws and regulations, have been obtained. Such products shall besubject to the supervision of the inspection and quarantine organs. At the endof the exhibition, all of the genetically modified products shall either bereturned or destroyed. If it is necessary to alter the intended use of suchproducts, due to special circumstances, the formalities for entry inspectionand quarantine shall be completed, in accordance with relevant provisions.

 Chapter III Inspection and Quarantine to Passthrough the Territory

Article 12 A consignor, or hisagent, shall file an application for permission, for genetically modifiedorganisms to pass through the territory of China, to SAQSIQ before the productspass through the territory. The following documents shall be submitted:
1. An Application Letter for the Permit of Transfer of Genetically ModifiedProducts Passing through the Territory of China;
2. The certificate documents of the corresponding research, by the foreigncountry, or the certificate documents for permitting the products to be usedaccordingly and to be put into the market, which are issued by the relevantdepartments of the exporting country or region;
3. Specifications on the use of the genetically modified products, and theprecautions to be taken; and
4. Other relevant documents.

Article 13 SAQSIQ shall reply within270 days after receiving an application. If the application meets therequirements, SAQSIQ shall issue the Permit for the Transfer of GeneticallyModified Products Passing through the Territory of China and notify theinspection and quarantine organ in the entry port. If the application fails tomeet the requirements, SAQSIQ shall issue the Letter for Not Granting theTransfer of Genetically Modified Products Passing through the Territory ofChina, and explain the reason.

Article 14 If genetically modifiedproducts passing through the territory enter China, the consignor, or hisagent, shall file a declaration at the inspection and quarantine organ of theentry port, upon the strength of the required documentation and permit oftransfer for passing through the territory. If the products have passed theexamination of the inspection and quarantine organ, they shall be permitted topass the frontier, and their exit shall be subject to the supervision of theinspection and quarantine organ of the exit port. The formalities for passingthrough the territory shall be handled again, as required for the geneticallymodified products passing through the territory, whose former packaging hasbeen changed and whose route for passing through the territory has beenaltered.

            Chapter IV Exit Inspection andQuarantine

Article 15 If it is necessary toconduct tests on or issue a certificate that the products exiting the territoryare not genetically modified, a consignor, or his agent, shall file anapplication at the inspection and quarantine organ in his locale beforehand,and meet the requirements for the entry of genetically modified products aspromulgated by the importing country or region.

Article 16 If after an inspectionand quarantine organ accepts the application, it shall, according to theinformation released by the competent department in charge, as outlined in lawsand regulations on the approval for the genetic-modification technology to becommercialized, take samples, as required, to the genetic-modification testinglaboratory for testing of a genetic-modification project. If the samples areconfirmed as genetically modified products, in accordance with the testingreport that has been issued, and if they meet the requirements of the importingcountry or region, the inspection and quarantine organ shall issue the relevantdocumentation of inspection and quarantine. If the samples confirm the productsare not genetically modified, the organ shall issue the relevant certificate.

             Chapter V Supplementary Provisions

Article 17 In addition to conductinggenetically modified project testing on and supervision over the entry and exitof genetically modified projects, the contents of other inspection andquarantine projects shall be implemented, in accordance with laws, regulationsand the relevant provisions of SAQSIQ.

Article 18 The laboratory that testsgenetically modified projects must have passed capability testing by thedepartment of certification and accreditation supervision and administration ofthe state.

Article 19 Anyone who violates theprovisions of the Measures shall be punished, in accordance with the provisionsof the relevant laws and regulations.

Article 20 The power to interpretthe Measures shall remain with SAQSIQ.

Article 21 The Measures shall takeeffect on the date of promulgation.

Source: LexisNexis