Implementing Partners Exporting Dairy Products to China: New Food Safety Law & Cross-border E-commerce Policies Mar 1 st, 2016 A project funded by the European Union
Get Ready for China! The EU SME Centre is an EU Commission funded project which helps EU SMEs prepare to do business in China by providing them with a range of information, advice, training and support services. The Centre is implemented by a consortium of six partners and was established in October 2010. It successfully completed its first phase in July 2014 and has now entered its second phase which will run until July 2018. 2
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Today s expert 4 Food and Drinks Industry expert Director of EIBENS Living and working in China since 2005 Focus on food and beverage import and distribution processes and trade barriers Pablo Recio Gracia papurg@yahoo.es pablo.recio@eibens.com Previously worked for public agencies including ICEX (Spanish Institute for Foreign Trade) and Extenda (Trade Promotion Agency of Andalusia) as well as private companies Bachelor in Business from the University and Granada and Masters in Quality Management and Business Internationalisation
Table of Contents 5 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
Table of Contents 6 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
1. Dairy Exports to China - Overview 7 Market Definition China Imports (Value) in 2014 HS Code 0401 0402 Description Milk and cream, not concentrated nor containing added sugar or other sweetening matter Milk and cream, concentrated or containing added sugar or other sweetening matter (milk powder) 0406 (Cheese and curd), 4.3% 190110 (Infant Formula), 19.7% 0401 (Milk and cream, not concentrated) 5.1% 0403.10 Yogurt 0404.10 0405 Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter Butter and other fats and oils derived from milk; dairy spreads. 0406 Cheese and curd 1901.10 Preparations for infant use, put up for retail sale 0405 (Butter and other), 4.8% 040410 (Whey and modified whey), 9.7% 0402 (Milk and cream, concentrated), 56.2% (2105) Ice cream and other edible ice, whether or not containing cocoa. is out the scope of this guideline since it is usually excluded from the definition of dairy products used by Chinese Authorities 040310 (Yogurt), 0.2% Source: UN COMtrade
1. Dairy Exports to China - Overview 8 Market Size 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 2011 2012 2013 2014 0401 (Milk and cream, not concentrated) 0402 (Milk and cream, concentrated) 040310 (Yogurt) 040410 (Whey and modified whey) 0405 (Butter and other) 0406 (Cheese and curd) 190110 (Infant Formula) Aggregate
1. Dairy Exports to China - Overview 9 China Imports of Dairy Products by Region 2014 (Value) China Imports of Dairy Products by EU Country in 2014 (Value) 6.7% 7.5% 13.9% 24.0% 27.3% 53.6% 15.3% 23.3% 4.6% 7.7% 15.9% New Zealand USA Australia EU Others Netherlands France Ireland Germany Denmark Others Source: UN COMtrade
1. Dairy Exports to China - Overview 10 Key Barriers Need of a bilateral agreement and a health certificate between the country of origin and China Need of registration with AQSIQ (general and specific) Unstable and excessive regulation Unclear implementation of new regulations Lack of consistency in Customs Clearance procedure Delays at Customs Clearance See next slide
Table of Contents 11 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
Available Resources 12 Check previous regulations in the EU SME Centre s 2014 Webinar Dairy Exports to China (2014) The Market, Regulations and Opportunities for EU SMEs Market overview: size, drivers, product by product situation and trends; Opportunities and challenges; Related regulations; Step-by-step import-export procedures; Common practices and tips. For more information, please visit: http://www.eusmecentre.org.cn/event/2014-04-15/dairy-exports-chinamarket-regulations-and-opportunities-eu-smes
2. New Regulatory Developments 13 New Regulatory Developments New regulatory environment for Food Products in 2015 (listed those affecting dairy products) Implementation Rules of the NFSL Administrative Measures for Food Safety Sampling and Inspection DRAFT 1 st OCT 2015 New Food Safety Law Administrative Measures for Food Recall Administrative Measures for Food Operation License Administrative Measures for Food Production Administrative Measures for Registration of Infant Formula Formulations Administrative Measures for Supervision on Operation of Foods Sold Online DRAFT 1 st OCT 2015 1 st OCT 2015 DRAFT DRAFT 1 st OCT 2015 Rules of Supervision and Administration on the Safety of the Foods Imported via Cross-Border E-commerce under the Bonded Internet Shopping Model DRAFT
2. New Regulatory Developments 14 New Regulatory Developments New Food Safety Law Came into force on 1 st October, 2015 Considered the toughest food safety law to date, it introduces 50 new articles compared to its 2009 version. It is divided into 10 chapters. In addition to the Implementation Rules of this amended Food Safety Law, several other regulations, rules and measures will be issued in the following months to carry out the provisions of the Law. KEEP YOURSELF INFORMED ABOUT THE REGULATORY CHANGES COMPLIANCE IS ESSENTIAL TO SUCCEED LOCAL RULES Official text in Chinese Unofficial English translation by USDA Gain
2. New Regulatory Developments 15 New Regulatory Developments New Food Safety Law Chapter 6: Food Import and Export, main aspects Importers need to examine the exporters and producers and if found not compliant food, they need to stop importing and recall these products. Article 94. CFDA supervises imported food, food additives and Food-Related Products sold in the domestic market. If serious issue found, CFDA will communicate it to AQSIQ so they can take action. Article 95. Foreign food producers will be removed from AQSIQ s registration list if they provide false materials or cause a major food safety incident. Article 96. Labels and instructions shall indicate country of origin and name, address, and contact information of the domestic agent. Article 97.
2. New Regulatory Developments 16 New Regulatory Developments New Food Safety Law Chapter 6: Food Import and Export, main aspects Food importers need to keep an import and sale record including information such as the product name, specification, quantity, production date, production or import batch number, shelf life, name and contact information of the exporter and buyer, as well as the delivery date, for no less than 6 months after the expiration of shelf life or in the absence of an indicated shelf life, for at least two years. Article 98. AQSIQ shall establish and publish credit records of importers, exporters, and producers of food for export and shall tighten inspections and quarantines of importers, exporters, and producers of food for export that have an unhealthy credit. Article 100. AQSIQ may determine the corresponding inspection and quarantine requirements of each country individually. Article 101.
2. New Regulatory Developments 17 New Regulatory Developments New Food Safety Law Came into force on 1 st October, 2015 Article 81 is specific for infant formula. Producers are required to provide R&D reports of the receipt and other materials proving the science and safety of the formula to CFDA in order to register with them. Sub-packaging is not allowed for infant formula products. The producer is not allowed to sell the same formula with different brands.
2. New Regulatory Developments 18 New Regulatory Developments Implementing rules of the NFSL Draft Both domestic and foreign infant formula shall register with CFDA. Infant formula producers are limited to 3 brands and a total of 9 formulas in 3 series. Prohibited to use milk or milk products of animals other than cow or goat to produce infant formula powder. All pre-packaged food shall have labels in Chinese before arriving in China. Therefore, sticking the label before clearance will no longer be allowed. Cross-border E-commerce will be subject to the same requirements than traditional imports. This ends the relaxed application of regulations regarding labelling, inspection, etc. Official text in Chinese Unofficial English translation
2. New Regulatory Developments 19 New Regulatory Developments Administrative Measures for Registration of Infant Formula Formulations Draft It affects only Chinese Infant Formula producers Each domestic company is allowed to produce no more than 5 brands and a total of 15 formulas in 3 series. This conflicts with the Implementing rules of the NFSL. What s required to have a different formulation? Six or more ingredients must be different from other registered formulations. Companies cannot restrict their sales based on geographic reasons. Official text in Chinese Registration takes up to 135 days and the certificate is valid for 5 years. Before expiration, the producer needs to apply for re-registration.
2. New Regulatory Developments 20 New Regulatory Developments Administrative Measures for Supervision and Administration of Operation of Food Sold Online Draft Official text in Chinese Third-party E-commerce platforms and operators of foods must ensure that the information of the products sold is true and consistent. They are required to check that their suppliers and retailers comply with the regulations. Operators of foods must obtain a certificate from CFDA and display it on their websites. Operators of foods are responsible for an adequate delivery of the products by using logistic companies that ensure the appropriate transportation conditions.
2. New Regulatory Developments 21 New Regulatory Developments Rules of Supervision and Administration on the Safety of the Foods Imported via Cross-Border E-commerce under the Bonded Internet Shopping Model Draft Infant formula products must have the Chinese label before the products arrive in China. Other diary products can still stick the Chinese label while the goods are in the bonded warehouse. E-labels must be available on the website and comply with the relevant regulations as if they were printed. Food Operators and Third-party E-commerce platforms need to provide to AQSIQ all the relevant documents proving the compliance of the products with the Chinese regulations. They are also required to keep a traceability system of the products sold. Not applied to products delivered directly to the Chinese consumer from origin. Official text in Chinese Unofficial English translation
Table of Contents 22 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
3. Process Map from the Origin to China 23 Process Map Country Level Bilateral Agreement Country of Origin - China Step 1 Sanitary Certificate Company Level Foodstuff Exporter Registration Step 2 Dairy Producer & Exporter China Customs Inspection Step 3 Step 5 Step 4 Operation Level Labeling Quarantine Documents Step 6 Tariffs Customs Clearance
3. Process Map from the Origin to China 24 Process Map
Table of Contents 25 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
4. Steps to Export to China 26 Step 1: Check if you can export On January 2013, AQSIQ published the Decree Nº152/2013, Administrative Measure on Inspection, Quarantine and Supervision of Imports and Exports of Dairy products that establishes the need of a protocol signed between the country of origin and China. In addition to the protocol between the two countries, it is needed a Health or Sanitary Certificate, which it takes some time to be available, approximately 6 months from the signature of the protocol.
4. Steps to Export to China 27 Step 1: Check if you can export Application to the AQSIQ indicating product info AQSIQ sends back questionnaire to perform risk assessment (ARI) After receiving questionnaire, AQSIQ assembles a group of specialists to begin ARI process. May send expert group to check the facilities When ARI is completed, AQSIQ may send draft to be discussed by both parties PROTOCOL PROCEDURE If agreement, protocol is signed including all requirements Negotiation of the health certificate
4. Steps to Export to China 28 Country Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Source: AQSIQ Status AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate The Protocol is not signed or the Sanitary Certificate is not available The Protocol is not signed or the Sanitary Certificate is not available The Protocol is not signed or the Sanitary Certificate is not available AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate The Protocol is not signed or the Sanitary Certificate is not available AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate The Protocol is not signed or the Sanitary Certificate is not available Country Ireland Italy Latvia Lithuania Luxembourg Malta The Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden United Kingdom Status AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate The Protocol is not signed or the Sanitary Certificate is not available AQSIQ sample of the Sanitary Certificate The Protocol is not signed or the Sanitary Certificate is not available AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate The Protocol is not signed or the Sanitary Certificate is not available The Protocol is not signed or the Sanitary Certificate is not available Jan 2016 AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate AQSIQ sample of the Sanitary Certificate Jul 2014
4. Steps to Export to China 29 Step 2: Register your company in AQSIQ By means of the Notice 55/2012, since October 2012 it was required for both the exporter and the importer to be registered in their system for customs clearance. From 1 st October, 2015, foreign food manufacturers also need to register in the system:
4. Steps to Export to China 30 Step 2: Register your company in AQSIQ It is a very simple, free and quick procedure (should be done within 5 days). Click the following link (It has an English version): http://ire.eciq.cn/ Click in Initial Registration and fill the form with your company information. Once completed, click in Commit (submit). You will receive a system message with the filling and query number. These two numbers are used to login, in order to record change, cancel your registration, enquiries, etc. When exporting, make sure you have include your importer information in the system (log in and add it).
4. Steps to Export to China 31 Step 2: Register your company in AQSIQ Effective May 1, 2014, producers of dairy products seeking to export to China must be registered in AQSIQ prior to shipping any goods. AQSIQ Notice 62/2013, Decrees 145/2012 and 152/2013 Chinese Experts might require to inspect the producer plant in order to approve the registration. For those seeking registration, please contact the relevant authorities of your country.
4. Steps to Export to China 32 Step 3: Labelling For customs clearance it is needed that all the minimum units for retail comply with the Chinese labelling requirements, which are mainly regulated by the standards detailed below. Food Safety National Standards General Rules for the Labelling of Pre-packaged Foods (GB 7718-2011) Product name Place and country of origin Establishment number Production date Expiration date or best before date Storage temperature and conditions Net Weight (English). The minimum font height is 2mm for packages under 50 ml/gr. Producer name and address (English) Production Lot number (as defined by exporter) Ingredients List. Shall be in normal Chinese characters (except registered trademark). Minimum size of the words, symbols and numerals in the mandatory labelling information shall not be less than 1.8 mm in height.
4. Steps to Export to China 33 Step 3: Labelling Food Safety National Standards for the Usage of Food Additives (GB 2760-2011) According to the mandatory standard GB 28760-2011, food additives must be indicated on the label in descending order of their weights added in the process of manufacture or preparation of the food. Food additives listed in GB 2760 and GB 14880 can be used without prior approval as long as the dosage is appropriate. Lists are constantly changing, however. Nutrition Labelling of Pre-packaged Food (GB 28050-2011) This standard, in force from January 2013, establishes the mandatory labelling of the nutritional components for all prepackaged food. The nutrition components of a food should be indicated in form of box table (except in exceptional circumstances) which can be any size and should be perpendicular to the baseline of the packaging. Implementation Measures for Inspection, Quarantine and Supervision of Imported and Exported Dairy Products (AQSIQ No. 53-2013) Overseas awards, honors and certification marked on the label of the imported dairy products, related certificate documents verified through diplomatic channel should be provided.
4. Steps to Export to China 34 Step 3: Labelling - Example
4. Steps to Export to China 35 Step 3: Labelling - Example Yogurt Milk Powder
4. Steps to Export to China 36 Step 4: Documents On the following table you can find a checklist of the documents needed along the exportimport process, although we recommend to take an in-depth look to Market Access Database (http://madb.europa.eu/) for a clarification on each of these documents. Commercial Invoice Packing List Registration of Foreign Exporters of Foodstuffs Certificate of Origin Sanitary Certificate Air Waybill, Rail Waybill or Bill of Lading Cargo Manifest Insurance Certificate Registration of the Producer Plant in AQSIQ Customs Registration Customs Import Declaration Automatic Import License Business License of the Importer Import and Export Business Licence Registration of Importers of Foodstuffs Permit to import Quarantine Material into the PRC Commodity Inspection Certificate
4. Steps to Export to China 37 Step 5: China Customs Inspection Besides checking labelling and the import/export documents, AQSIQ will proceed with the quarantine test report check, which it is regulated by the Decree 152-2013, Decree 25 and the Announcement No. 53-2013. For products imported for the first time: the importer or its agent should provide the test report on the items listed in the national standard for food safety for corresponding products. For products not imported for the first time: the importer or its agent should provide the copy of the test report and the quarantine declaration sheet provided during the first time of import as well as the test report on the items regulated by AQSIQ. Imported for the first time refers to the dairy product with exactly identical information including overseas producer, product name, formula, overseas exporter, and domestic importer which is imported from the same port.
4. Steps to Export to China 38 Specific standards ruling production and commercialization for each product (there are more, included in EU SME Diary Products Guideline coming soon): GB 19301-2010 - Raw Milk GB 19645-2010 - Pasteurized Milk GB 25190-2010 - Sterilized Milk GB 25191-2010 - Modified Milk GB 19302-2010 Fermented Milk GB 13102-2010 - Evaporated Milk, Sweetened Condensed Milk and Formulated Condensed Milk GB 19644-2010 - Milk Powder GB 11674-2010 - Whey Powder and Whey Protein Powder GB 19646-2010 - Cream, Butter and Anhydrous Milkfat GB 5420-2010 - Cheese GB 25192-2010 - Process(ed) Cheese Step 5: China Customs Inspection GB 10769-2010 - Cereal-based Complementary Foods for Infants and Young Children GB 10770-2010 - Canned Complementary Foods for Infants and Young Children GB 23790-2010 - Good Manufacturing Practice for Powdered Formulae for Infants and Young Children
4. Steps to Export to China 39 Step 6: Tariffs and Tax Payment After the Customs Inspection is concluded, the import duties and taxes will be applied, first the Import Duties and then, VAT and Consumption Tax, if applicable. You can check the Chinese tariffs on the following link: (China Customs, only available in Chinese) http://www.customs.gov.cn/tabid/67735/default.aspx
4. Steps to Export to China 40 Step 6: Tariffs and Tax Payment H.S Code Import Duty VAT 0401 Milk not concent. 15% 17% 0402 Milk concentrated 10% 17% 0403.10 Yoghurts 10% 17% 0403.90 Other 20% 17% 0404 Whey 6% 17% 0405 Butter 10% 17% 0406* Cheese and curd 12% 17% 1901.10 Infant Formula 15% 17% *Except for the HS Code 040640 (blue-veined cheese) in which the import duty is 15% (VAT is 17%).
Table of Contents 41 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
5. Key points once the product is in China 42 Do not forget the following 1. Expect selling price to be 100% - 200% higher than EXW price Price EXW 100 Price CIF 120 Import Duty 120*1.10=132 VAT 132*1.17=154.4 Importer (20/30%) 154.4*1.25=193 Retailer (25/35%) 185.3*1.30=250.9
5. Key points once the product is in China 43 Do not forget the following 2. Cold chain preservation could be an issue. 3. Size and adaptation of formats is a must, since on the go consumption is high. 4. Hypermarkets and superstores account for the biggest share in dairies market, followed by imported food/gourmet stores and convenience stores. 5. Online retailing is increasing fast.
5. Key points once the product is in China 44 6. Trust is an issue. After several scandals involving both domestic and foreign brands, the dairies market is continuous supervision. 2008 Milk and infant formulas affected Products contained Melamine 300.000 victims reported 6 deaths and 54.000 hospitalized Kidney conditions
5. Key points once the product is in China 45 Making it harder in the short term to build a competitive advantage in the long term Creating opportunities for those providing solutions for health safety Effect of the scandal on China s milk trade 200.0 China Imports and Exports of Milk and Cream (HS code 0401, EUR Millions) 150.0 100.0 50.0.0 2008 2009 2010 2011 2012 2013 Imports Exports
5. Key points once the product is in China 46 Scandal affecting a foreign brand.
Table of Contents 47 1. Dairy Exports to China Overview 2. New Regulatory Developments 3. Process Map from Origin to China 4. Steps to Export to China 5. Key points once the product is in China 6. ecommerce for Dairy Products
ecommerce Platforms Online Cross Border Traditional Retail Sales 6. ecommerce for Dairy Products 48 Commercial Possibilities Country of Origin Shipping Tariff + VAT Distribution Sub-Dist. Purchase Final Customer Purchase Air Shipping Country of Origin Tax* Final Customer Boat Shipping Bonded Warehouse/FTZ Purchase *Personal Postal Article Tax Country of Origin Shipping Tariff + VAT Purchase Final Customer
6. ecommerce for Dairy Products 49 Dairies ecommerce platforms Chinese e-commerce dairy sales move at rapid pace as a response to the increasing demand of quality and convenient products. This had lead to the development of ecommerce platforms and channels specialized in dairy products Imported milk channel in jd.com
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