Explanation grain entry-exit China admin measures
China placed significant importance for grain entry-exit China admin measures of inspection and quarantine. This explanation fusses on grain entry China. Important for grain supplying countries, and grain suppliers imports grain products to China. Grain is the most imported agricultural products in China imports.
It based upon the exact regulation, also referred to as AQSIQ Decree 177: Administrative Measures of Inspection and Quarantine for the Entry and Exit Grain issued by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ).
China have long been reputed as the world’s largest agricultural importer, [中国早已被誉为]世界第一大食品进口国] simply due to its remarkable number of population, and short acres of arable land that suitable for growing crops, both for human consumptions and animal feeds, Grain refers to the seeds and fruits of cereals, legumes, oil-seed crops and other crops used for processing and non-breeding purposes, as well as the tuberous roots or tubers of the tuberous crops. China grain imports has always been on top concern for food security.
For Grain importing to China, regulated by AQSIQ Decree 177: “Inspection and Quarantine Measures for the Supervision and Administration of Entry and Exit Grain”. If you are grain traders, engaging in grain exports business to China, you will benefit this official regulation. To enquire: Grain buyer companies and importer in China.
In supporting small and medium-sized enterprises (SMEs) export grain to China, to facilitate a whole new generation of grain suppliers and achievers, who have elevated their grain trading business, resulting improved profits to a whole new level of success through implementing this standard translation.
How this regulation has served and supporting grain suppliers to China worldwide. What registration system for imported grain in China? Here explanation fusses on grain entry China, important for grain supplying countries, and grain suppliers imports grain products to China.
How this measures are formulated?
It is stated in Chapter I General Provisions
The Measures are formulated in accordance with the provisions of Quarantine Law of the People’s Republic of China on Entry and Exit Animals and Plants and its implementing regulations, the Food Safety Law of the People’s Republic of China and its implementing regulations, the Law of the People’s Republic of China on Import and Export Commodity Inspection and its enforcement regulations, the Regulations on the Safety Control of Genetically Modified Organisms in Agriculture and the Special Provisions of the State Council on Strengthening the Supervision and Administration of Food and Other Products Safety.
The Measures shall apply to the supervision and administration of entry and exit (including transit) grain inspection and quarantine.
The term “grain” as mentioned in the Measures refers to the seeds and fruits of cereals, legumes, oil-seed crops and other crops used for processing and non-breeding purposes, as well as the tuberous roots or tubers of the tuberous crops.
The General Administration of Customs shall be in charge of the supervision and administration of entry and exit grain inspection and quarantine throughout the country.
The competent customs department shall be responsible for the supervision and administration of entry and exit grain inspection and quarantine under its jurisdiction.
The General Administration of Customs and the competent customs department shall carry out risk management of entry and exit grain quality and safety, including, based on risk analysis, organizing the entry and exit grain inspection and quarantine entry, including the analysis of the risk of harmful organisms carried by-products, the evaluation and examination of the supervision system, the determination of inspection and quarantine requirements, and the registration of overseas production enterprises.
Entry and exit grain consignees and cargo owners, production, processing, storage and transportation enterprises shall engage in production and business operations according to law, establish and implement a grain quality and safety control system and an epidemic prevention and control system, and be responsible for the quality and safety of the entry and exit grains, be honest and trustworthy, accept social supervision and assume social responsibility.
What registration system for imported-entry grain in China?
It regulated in Chapter II Entry Inspection and Quarantine
Section I Registration
The General Administration of Customs shall implement a registration system for enterprises engaged in the production, processing and storage of imported grain overseas (hereinafter referred to as overseas production and processing enterprises).
The overseas production and processing enterprises shall meet the relevant requirements of the laws, regulations and standards of the exporting country (area) and meet the requirements of the relevant laws, regulations and mandatory standards of China.
The overseas production and processing enterprises for imported grain subject to registration administration shall be recommended to the General Administration of Customs after being examined and approved by the competent authorities of the exporting country (area). Upon receipt of the recommended materials, the General Administration of Customs shall conduct examination and confirmation, and the overseas production and processing enterprises of the countries or regions that meet the requirements shall be registered.
The validity period of the registration for the overseas production and processing enterprises is 4 years.
For the overseas production and processing enterprises requiring extension, the competent authorities of the exporting country (area) shall apply for extension to the General Administration of Customs six months before the expiration of the validity period. After confirmation by the General Administration of Customs, the validity of the registration shall be extended for 4 years. If necessary, the General Administration of Customs may send experts to the exporting country (area) to conduct a retrospective review of its regulatory system and conduct spot checks on the overseas production and processing enterprises applying for the extension.
If the grain exported by the overseas production and processing enterprise registered to China fails to pass the inspection and quarantine, if the circumstances are serious, the General Administration of Customs may revoke the registration.
The overseas production and processing enterprises exporting grain to China shall obtain the approval of the competent departments of the exporting countries or regions, and shall have the facilities for quality safety such as screening, cleaning, drying, testing and epidemic prevention, as well as quality management systems and shall not add any impurities.
According to the needs of the situation, the General Administration of Customs shall organize experts to carry out systematic investigations abroad, carry out the epidemic investigation, inspection, pre-inspection and loading supervision of enterprises engaged in production, processing and storage.
How imported grain through inspection in China?
It regulated in Section II Inspection and Quarantine
The General Administration of Customs shall implement the quarantine entry system for the entry grain.
In case that an enterprise first imports grain from the exporting country (area), a written application shall be filed with the General Administration of Customs by the competent authority of the exporting country (area), and technical materials such as the species of pests occurring during the cultivation and storage, degree of harm, prevention and control and quality and safety control system shall be provided. Under special circumstances, the import enterprise may apply for and provide technical materials. The General Administration of Customs may organize the risk analysis, on-the-spot inspection and foreign consultation for imported grain.
The General Administration of Customs shall, in accordance with the laws and regulations of the State and the mandatory requirements of the State technical standards, formulate specific inspection and quarantine requirements for imported grain, and publish a list of the types of grain allowed to be entered and the countries or regions of origin.
The General Administration of Customs shall organize a retrospective review on the specific inspection and quarantine requirements of imported grain allowed to enter China and the corresponding countries or regions of origin in light of the epidemic situation abroad, the interception of the entry epidemics and other quality and safety conditions. When necessary, experts may be sent to overseas for on-the-spot inspection, pre-inspection, loading supervision and external negotiation.
The imported grain shall enter the country from the ports designated by the General Administration of Customs. The conditions and management standards for designated ports shall be formulated by the General Administration of Customs.
The General Administration of Customs shall implement the quarantine licensing system for the entry grain. The entry grain cargo owner shall, before signing a trade contract, apply for examination and approval of quarantine inspection in accordance with the Regulations on the Examination and Approval of Entry Animal and Plant Quarantine, obtain the Quarantine Permit for Animals and Plants Entry into the People’s Republic of China (hereinafter referred to as the Quarantine Permit), and include in the trade contract the national food quality and safety requirements, plant quarantine requirements and relevant requirements stipulated in the Quarantine Permit.
For reasons such as restrictions on port conditions, the entry grain shall be shipped to designated storage and processing places that meet the requirements for epidemic prevention and supervision (hereinafter referred to as designated enterprises). When handling the Quarantine Permit, the cargo owner or his agent shall specify the designated places and provide corresponding supporting documents.
Grain without the Quarantine Permit may not enter the country.
The Customs shall, in accordance with the following requirements, conduct inspection and quarantine of the entry grain:
(I) The requirements set forth in bilateral agreements, protocols, memoranda and other bilateral agreements signed by the Government of China with the governments of the grain exporting countries or regions;
(II) The mandatory requirements for Chinese laws, regulations, national technical norms and requirements for inspection and quarantine as prescribed by the General Administration of Customs;
(III) The quarantine requirements specified in the Quarantine Permit.
Article XII. The cargo owner or his agent shall report to the Customs at the port of entry for inspection before the grain enters the territory, and shall provide the following materials as required:
---The Phytosanitary Certificate issued by the competent department of the grain exporting country (area);
---Certificate of Origin;
---Trade contract, bill of lading, packing list, invoice and other trade documents;
(IV) Other documents as defined in bilateral agreements, protocols, memoranda and other documents as prescribed by the General Administration of Customs.
The cargo owner who imports genetically modified grain shall also obtain the Agricultural GMO Biosafety Certificate. The customs shall carry on the system automatic comparison and check to the electronic data of the Agricultural GMO Biosafety Certificate.
The cargo owners shall be encouraged to obtain from overseas grain exporters other documents such as quality certificates, hygiene certificates, fitness certificates and weight certificates issued by the competent authorities of the exporting countries or regions or by third-party inspection institutions.
The entry grain may be fumigated on board.
Before on-site inspection, the entry grain carrier or its agent shall declare in writing to the customs at the entry port the handling of entry grain fumigation on board, and carry out ventilation in advance. For the cargo not undeclaring the fumigation treatment, the customs shall not carry out on-site inspection; after on-site inspection, if there are fumigant residue found, or fumigation residual gas concentration exceeds the safety limit, inspection and quarantine and related on-site inspection activities shall be suspended; and the on-site inspection activities shall be resumed after the fumigant residue is effectively removed and the fumigation residual gas concentration is below the safety limit.
Where a ship is used to load bulk entry grain, the customs shall carry out inspection and quarantine on the surface of the goods at the anchorage, and the ship may enter the port without major abnormal quality and safety conditions, and the bulk grain shall continue to be subject to inspection and quarantine at the port.
If it is necessary to directly dock for inspection and quarantine, prior consent shall be obtained from the customs.
Where grain is imported by other means, such as ship containers, trains, automobiles, etc., inspection and quarantine shall be carried out at the inspection places designated by the customs, and shall not be transferred without permission of the Customs.
The customs shall carry out on-the-spot inspection and quarantine of imported grain. On-site inspection and quarantine include:
(I) Inspection of cargo certificates. Check certificates and goods name, number (weight), name of export storage and processing enterprise and registration number and other information. If the cargo is transported by ship in bulks, the cargo on the last voyage and the clearance inspection shall be verified to assess the risk of quality and safety for the loading of grain; if cargo is transported by containers, the container number, sealing and other information shall be checked.
(II) On-site inspection. Emphasis is placed on checking whether the grain is wet, moldy, spoiled, whether it carries pests such as insects and miscellaneous grass seeds, whether there are mixed grain, plant residues, soil, fumigant residue, seed coating contamination, animal carcasses, animal waste and other prohibited entry objects.
(III) Sampling. Take samples and send them to the laboratory for testing in accordance with relevant regulations and standards.
(IV) Other on-site inspection activities.
The customs shall, in accordance with the relevant working procedures and standards, conduct laboratory tests and appraisals of the samples taken from the on-site inspection and the suspicious objects found, and issue the results of inspection and quarantine.
Laboratory test samples shall be properly stored and retained for at least 3 months. If it is necessary to provide external certification for abnormal inspection, the sample shall be retained for at least 6 months.
Under any of the following circumstances, the entry grain shall be fumigated, disinfected or otherwise treated under the supervision of the customs at the port anchorage, port or designated quarantine supervision place:
(I) Quarantine pests or other living harmful insects at risk of quarantine, which may cause diffusion;
(II) Safety and hygiene issues, such as contamination of seed coating agents, fumigants, exceeding the standard of poisonous grass seeds, and having effective technical measures to deal with them;
(III) Any other reason that endangers the quality and safety of grain.
Article XVIII. In any of the following circumstances, the entry grain shall be returned or destroyed:
---Failing to include in the list of entry admission by the General Administration of Customs, or failing to provide such documents as the Phytosanitary Certificate issued by the competent department of the country (area) in which the grain is exported, or failing to provide the Quarantine Permit;
---Where the test results of toxic and harmful substances and other safety and hygiene items fail to meet the mandatory requirements of the state technical standards, and the use of such substances cannot be changed or there is no effective method to treat them;
---Identified the genetically modified components, but having no Agricultural GMO Biosafety Certificate, or failing to comply with the certificate;
(IV) Discovering soil, quarantinable pests and other prohibited entry objects without effective quarantine treatment;
(V) Failing to change its use or without effective treatment, in case of spoilage or deterioration caused by wet water or mildew or chemical or radioactive contamination;
(VI) Serious harm to the quality and safety of grain caused by other reasons.
After the inspection and quarantine of the entry grain, the customs shall issue relevant documents such as the inspection and quarantine certificate of the imported goods; if the grain fails to pass the inspection and quarantine, the customs shall issue the Notice of Inspection and Quarantine Treatment and the relevant certificate of inspection and quarantine.
The customs shall exercise quarantine supervision over the entry grain. The entry grain shall be processed and used at designated places with the conditions of epidemic prevention and treatment. Without effective pest control or processing, the entry grain may not directly enter the market circulation field.
Measures shall be taken to prevent leakage, sealing and the epidemic in such links as loading, unloading, transportation, processing and leftover disposal of entry grain. The processing of the entry grain should be equipped with the conditions for effectively killing harmful organisms such as weed seeds and pathogens. The leftovers from grain processing shall be treated with effective heat treatment, crushing or incinerating and other disinfection treatments.
The customs shall determine the risk level for processing and supervision of entry grain according to the degree, impurity content and other quality and safety conditions of pests such as weeds inspected in the entry grain, and in light of the epidemic prevention treatment conditions of the enterprises to be designated for processing and transportation, and guide and supervise the relevant enterprises to do a good job in the safety prevention and control measures such as epidemic control and monitoring.
Where the entry grain is used for special purposes such as reserve and futures delivery, its production, processing and storage shall conform to the relevant regulations on inspection and quarantine supervision and administration of the General Administration of Customs.
If a small amount of entry grain that has not been included in the General Administration of Customs’ entry list due to special reasons such as scientific research, exhibitions or samples, an application shall be filed in advance in accordance with the relevant provisions for examination and approval of special quarantine and for obtaining a Quarantine Permit.
Where loading, unloading, storage and processing of the entry grain involves different customs offices, the relevant customs offices shall strengthen communication and cooperation, establish corresponding working mechanisms, and promptly notify each other of the inspection and quarantine situation and the supervision information.
For the entry grain unloaded at different ports, the customs shall timely notify each other of the inspection and quarantine before release. Where it is necessary to issue certificates to the foreign side, the relevant customs shall make full consensus and handle the matter in accordance with the relevant provisions.
For the entry grain transferred from the entry port, the customs at the port shall, in time before the transfer, issue to the customs of the place where the entry grain is transported to a contact form for the transfer of entry grain.
Where the overseas grain needs to pass through China, the cargo owner or his agent shall apply to the General Administration of Customs or the competent customs in advance to provide the transit route, mode of transport and management measures, etc., and the General Administration of Customs shall organize the formulation of the supervision plan for the transit grain inspection and quarantine, then the transit shall be done according to the plan, and shall be subject to the supervision and administration of the competent customs.
The transit grain shall be transported by airtight sealing without spillage. It is not allowed to unpack or unload the means of transport without the approval of the competent customs.
What registration system for exported exit grain in China?
It regulated in Chapter III Exit Inspection and Quarantine
Section I Registration
Where an importing country (area) requires China to register an enterprise that produces, processes and stores its exported grain (hereinafter referred to as the exit production and processing enterprise), the customs shall be responsible for organizing the registration and filing with the General Administration of Customs.
The exit grain production and processing enterprise shall meet the following requirements:
(I) to have the status of a legal person, to be registered with the administrative department for industry and commerce and to hold the Business License of Enterprise Legal Person;
(II) to establish the whole process management system involving the grain business of the enterprise and effectively operate it, to have clear and complete records of all accounts, which can accurately reflect the logistics information of grain in and out of the warehouse and can be traceable, and the period for keeping the accounts shall not be less than 2 years;
(III) to have quality and safety control facilities such as screening, cleaning, drying, testing and epidemic prevention, as well as an effective quality and safety and traceability management system;
(IV) to establish a system for monitoring and control of harmful organisms, to be equipped with the personnel to meet the needs of epidemic prevention, and to have epidemic prevention measures and capabilities for insects, rats, birds, etc.;
(V) not to be built in areas that are harmful to grain hygiene and vulnerable to harmful organisms. Storage areas shall not be concurrently engaged in the operation, production and storage of toxic and harmful substances. Storehouses and sites shall be hardened, flat and free from water. Grain shall be stored by class, away from the ground, away from the wall, and be clearly marked.
How exported/exit grain through inspection in China?
It regulated in Section II Inspection and Quarantine
The carrier, the packing unit or the agent of the means of transport such as ship or container for the carriage of exit grain shall, before shipment, apply to the customs for the cargo worthiness inspection including cleanliness, hygiene, tightness, etc. No shipment is allowed if the goods fail to be inspected or quarantined or to pass the inspection or quarantine.
The cargo owner or his agent shall report to the customs at the place where the storage or processing enterprise is located before the grain leaves the country, and provide materials such as trade contracts, invoices, certificates of self-inspection.
If the transaction is done based on samples, the transaction samples shall also be provided.
The customs shall carry out on-site inspection and quarantine of the exit grain and laboratory test in accordance with the following requirements:
(I) Bilateral agreements, protocols, memoranda and other bilateral agreements;
(II) Inspection and quarantine requirements of the importing country (area);
(III) China’s laws, regulations, mandatory standards and requirements for inspection and quarantine as stipulated by the General Administration of Customs;
(IV) Quarantine requirements specified in the trade contract or the letter of credit.
Where the grain passes the inspection and quarantine, or passes the second inspection and quarantine after effective pest control or technical treatment, the customs shall issue the Replacement Voucher for Exit Cargo in accordance with the relevant provisions. If the importing country (area) is requested to issue an inspection and quarantine certificate, it shall issue the certificate in accordance with the relevant provisions of the State. If the importing country (area) has new requirements on the form or content of the inspection and quarantine certificate, it may not change the certificate until it has been approved by the General Administration of Customs.
If the goods fail to pass through the inspection and quarantine and there is no effective method of pest removal or technical treatment, or if they are treated and still unqualified after re-inspection and quarantine, the customs shall issue the Notice on Disqualification of Exit Cargo, and the grain shall not be exported.
The maximum period of validity of exit grain inspection shall not exceed 2 months; the period of validity of quarantine shall be set at 21 days in principle. Winter in Heilongjiang, Jilin, Liaoning, Inner Mongolia and Xinjiang (November to the end of February of the following year) may be extended to 35 days as appropriate. Grain that exceeds the validity period of inspection and quarantine shall be re-declared for inspection and quarantine before leaving the country.
The place of origin and the customs at the port shall establish a communication and cooperation mechanism, and timely notify the inspection and quarantine and other information.
Upon passing the inspection and quarantine at the place of origin, the customs at the exit port shall check whether the cargo is in conformity with the certificates and whether it is infected with harmful organisms according to the relevant regulations. The cargo that fails to pass the inspection will not be released.
If the grain is assembled after it arrives at the port, it shall be re-inspected and quarantined. If upon arrival of the exit grain at the port, there are different inspection and quarantine requirements due to the alteration of the importing country (area), the exit grain shall be re-reported for inspection and quarantine and shall be subject to inspection and quarantine.
What supervision system for entry-exit grain in China?
It regulated in Chapter IV Risk and Supervision Management
Section I Risk Monitoring and Pre-warning
The General Administration of Customs shall implement an epidemic surveillance system for entry and exit grain, and the corresponding technical guidelines for monitoring shall be formulated by the General Administration of Customs.
The customs shall monitor and investigate quarantinable harmful organisms such as weeds at grain entering ports, storehouses, surrounding areas of processing plants, places where grain is easily scattered sue to transfer along transportation lines. If an epidemic situation is found, the relevant enterprises shall be promptly organized to take emergency measures, and the sources of the epidemic shall be analyzed to guide the enterprises to take effective corrective measures. Relevant enterprises shall cooperate with the implementation of the epidemic surveillance and eradication measures.
In accordance with the quarantine requirements of the importing country (area), the customs shall carry out epidemic investigation and monitoring in the grain-growing areas, the export storehouses and the surrounding areas of processing enterprises.
The General Administration of Customs shall implement a risk monitoring system for the safety and sanitation of entry and exit grain, and formulate a risk monitoring plan for the safety and hygiene projects of entry and exit grain.
The General Administration of Customs and the competent customs shall establish a system for collecting and submitting information on grain quality and safety. The sources of information shall mainly include:
(I) Information on the quality and safety of grain found in the inspection and quarantine of the entry and exit grain;
(II) information on the quality and safety of grain found in the quality control of enterprises engaged in the trade, storage and processing of the entry and exit grains;
(III) information on the quality and safety of grain found in the surveillance of epidemic situation and the risk monitoring of safety and hygiene projects by the customs;
(IV) information on the quality and safety of grain reflected by international organizations, overseas government agencies, domestic and foreign trade associations and consumers;
(V) other information on the risks of grain quality and safety.
The General Administration of Customs and the competent customs shall conduct a risk assessment of the grain quality and safety information, determine the corresponding risk level, implement dynamic risk classification management, and adjust the administration of inspection and quarantine of the entry and exit grain, the plan of supervision measures and the measures of enterprise supervision according to the results of risk assessment.
Where major epidemic situations and major quality and safety problems are found in the entry and exit grain, the General Administration of Customs and the competent customs shall, in accordance with the relevant provisions, adopt such emergency measures as initiating emergency disposal plans, and issue a warning notice. When the risk of grain safety is no longer present or is reduced to an acceptable level, the General Administration of Customs and the competent customs shall promptly remove the warning notice.
The General Administration of Customs and the competent customs shall, in light of the circumstances, circulate important grain security risk information to local governments, agricultural and grain administrative departments, foreign competent authorities, entry and exit grain enterprises and other relevant institutions and units, and jointly take necessary measures. The disclosure of grain security information shall be conducted in accordance with the relevant procedures.
How to through administration for entry-exit grain in China?
It regulated in Section II Supervision and Administration
An enterprise intending to engage in the business of entry grain storage and processing may file a designated application with the local competent customs.
The competent customs shall, in accordance with the relevant requirements formulated by the General Administration of Customs, examine and evaluate the application materials and technological processes of the applicant enterprise, and verify the types and capabilities of grain storage and processing.
Enterprises engaged in entry grain storage and processing shall have an effective quality safety and traceability management system and meet the requirements of quality safety control such as epidemic prevention and treatment.
The customs shall exercise quarantine supervision over the designated enterprises.
When the designated enterprise, consignee or agent discovers a major epidemic or public health problem, it shall report immediately to the local customs which shall deal with and report the problem in accordance with the relevant provisions.
The consignee and the cargo owner of the entry and exit grain, as well as the enterprises engaged in the production, processing, storage and transportation of the entry and exit grain, shall establish corresponding archives of production and operation for grain entering and leaving the country, loading and unloading, transporting, storing, processing, leftover disposal and shipping, and shall make detailed records of quality traceability and safety prevention and control, which shall be kept for at least 2 years.
Where there are major safety and quality problems in entry grain and serious damage has been or may be caused to human health or ecological safety in the production of agriculture, forestry, animal husbandry and fisheries, the consignee of the entry grain shall voluntarily recall the entry grain, take measures to avoid or reduce losses, make a recall record, and report the recall and handling to the local customs.
If the consignee fails to recall the entry grain on his own initiative, the local customs shall issue a notice of the order to recall the entry grain and report it to the General Administration of Customs. If necessary, the General Administration of Customs may order a recall to them.
The General Administration of Customs and the competent customs shall, in accordance with the conditions of quality control, facilities, safety risk prevention and control, and good faith operation, carry out classified management of the enterprises. For enterprises of different levels, corresponding inspection and quarantine supervision measures shall be taken in grain entry and exit inspection and quarantine examination and approval, review of entry and exit inspection and quarantine as well as daily supervision and control. Specific classification management norms shall be formulated by the General Administration of Customs.
When China customs impose a fine for entry-exit grain?
It regulated in Chapter V Legal Liability
In any of the following cases, the customs shall impose a fine of not more than RMB 5,000 in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine:
(I) Failing to report for inspection;
(II) The grain reported for inspection is not in conformity with the actual grain.
If the grain occurs the acts listed in item (II) of the preceding paragraph and has obtained the quarantine documents, the quarantine documents shall be revoked.
If the entry grain fails to go through the quarantine examination and approval formalities according to law or fails to comply with the quarantine examination and approval provisions, the customs shall impose a fine of not more than RMB 5,000 in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine.
In case the entry and exit grain which fails to be reported for inspection or fails to be inspected and is included in the catalogue of import and export commodities subject to inspection is sold or used without authorization, the customs shall, in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities, confiscate the illegal income and impose a fine of not less than 5% but not more than 20% of the value of the commodity.
Where the consignee, the cargo owner of the entry and exit grain or the enterprise engaged in the production, processing, storage and transportation of the entry and exit grain fails to establish a production and operation file and make a good record in accordance with Article XLI of the Measures, it shall be ordered by the customs to make corrections and be given a warning; if it refuses to make corrections, it shall be fined not less than RMB 3,000 but not more than RMB 10,000.
In any of the following cases, the customs shall, in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine, impose a fine of not less than RMB 3,000 but not more than RMB 30,000:
(I) unloading entry and transit grain from the means of transport without the approval of the customs, or transporting grain out of the designated inspection sites;
(II) unpacking of transit grain without authorization, or unpacking or destroying the sealing or mark of animal and plant quarantine without authorization.
The consignee or the cargo owner of the entry and exit grain which is listed in the catalogue of import and export commodities subject to inspection or the agent or the inspection-reporting personnel do not truthfully provide the true information of the entry and exit grain, obtain the relevant certificates of the customs, or refuse to apply for inspection or evade inspection, and the customs shall, in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities, confiscate the illegal income, and impose a fine of not less than 5% but not more than 20% of the value of the commodity.
Anyone who forges, alters, buys or sells or steals the inspection and verification documents, seals, marks, sealing or customs clearance documents or uses forged or altered inspection and verification documents, seals, marks or sealing, if such forgery is not serious enough for criminal punishment, shall be ordered by the customs to make corrections in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities, his illegal gains shall be confiscated and he shall be fined not more than the equivalent value of the commodities.
Anyone who has one of the following acts of violation but does not constitute a crime or if the circumstances of the crime are significantly minor and there is no need to impose a punishment according to law, shall be fined by the customs in accordance with the provisions of the Regulations for the Implementation of the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine, not less than RMB 20,000 but not more than RMB 50,000:
(I) causing a major animal or plant epidemic;
(II) forging or altering animal and plant quarantine documents, seals, marks or sealing.
Where the units of production, processing or storage registered in accordance with the provisions of the Measures fail to pass the quarantine inspection on the entry and exit grain, except for the return, destruction or handling of harm in accordance with the relevant provisions of the Measures, if the circumstances are serious, the customs shall cancel the registration in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities.
Where any sample taken by the customs or any entry and exit grain which has passed the customs inspection is changed without authorization, the customs shall, in accordance with the provisions of Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities, order it to make corrections and give it a warning; if the circumstances are serious, it shall also impose a fine of not less than 10% but not more than 50% of the value of the commodity.
The customs shall, in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities, impose a fine of not more than RMB 100,000 on the provision or use of containers, cabins, aircraft, vehicles and other means of transport to carry exit grain that has not been properly inspected by the customs.
The customs shall, in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on the Import and Export Commodities, impose a fine of not more than RMB 200,000 on the provision or the use of containers, cabins, aircraft, vehicles and other means of transport that are not up to the customs’ inspection standards.
The customs shall impose a fine of not less than RMB 3,000 but not more than RMB 10,000 under any of the following circumstances:
(I) If there are major safety and quality problems in entry grain, or if there may be significant damage to human health or ecological safety in the production of agroforestry, pastoral and fishery, the grain is not recalled voluntarily;
(II) Failure to report to the customs on the recall or handling of the entry grain;
(III) The entry grain has not been unloaded at the inspection site designated by the customs;
(IV) The circumstances listed in Article XVII of the Measures, the entry grain is not done by effective quarantine treatment.
In any of the following circumstances, the customs shall impose a fine of not more than RMB 30,000:
(I) Failing to register the entry and exit grain in accordance with the regulations or produce, process or store the entry and exit grain at designated places;
(II) Buying, selling or stealing animal and plant quarantine documents, seals, marks, sealing, or using forged or altered animal and plant quarantine documents, seals, marks or sealing;
(III) Using the forged or altered official quarantine certificates of the exporting country (area);
(IV) Refusing to accept customs quarantine supervision.
Customs functionaries who abuse their power, deliberately cause difficulties, engage in malpractices for personal gain, forge the results of inspection and quarantine, or neglect their duties, delay inspection and issuance of certificates, shall be imposed with administrative sanctions according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law.
What separately prescribed by China general administration of customs?
It regulated in Chapter VI Supplementary Provisions
The supervision and administration of the inspection and quarantine of grain sold directly for entry and exit purposes without processing shall be separately prescribed by the General Administration of Customs.
The small amounts of entry and exit grain in the form of border trade exchanges shall be subject to the relevant provisions of the General Administration of Customs.
The General Administration of Customs shall be responsible for the interpretation of the Measures.
The Measures shall come into force as of July 1, 2016. The Measures for the Administration of Entry and Exit Food and Feed Inspection and Quarantine promulgated by the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China in December 2001 (GJZJZJ Decree No.7) shall be repealed simultaneously. The Measures shall prevail in cases where the regulations governing the inspection and quarantine of entry and exit grains are inconsistent with the Measures.