The packing materials used for outbound fruits shall be clean and hygienic, never used, and satisfy related standards on hygienic quality. In case particular requirements are made by the importing country or region, the fruit packing boxes shall indicate the fruit variety, the origin place, the name or code of the orchard and the packing factory and other related information as required.

Article 17 The inspection and quarantine institution shall conduct supervision and administration on the orchard of outbound fruits in terms of the following contents:

(1) The surrounding environment of the orchard, the circumstances of the fruit growth and the situation on the management personnel;

(2) The occurrence, monitoring, prevention and control of harmful organisms of the orchard and related records thereof;

(3) The storage situation of the agricultural chemicals of the orchard and records on purchasing, obtaining and using them;

(4) The records on checking toxic and harmful substances of the fruits in the orchard; and

(5) The situation on implementing related provisions in the bilateral agreement, protocol or laws and regulations of the importing country or region.

Article 18 The inspection and quarantine institution shall conduct supervision and administration on the packing factory of outbound fruits in terms of the following contents:

(1) The situation on the environment and hygiene of the packing factory, the use of the production facilities and packing materials and the situation on the management personnel;

(2) The situation on the storage of the chemicals as well as purchase, obtainment and use records thereof;

(3) The related records on the sources, processing, self-test, storage and export of the fruits;

(4) The records on check and control of the toxic and harmful substances of the fruits;

(5) The use of facilities for refrigeration, the hygienic circumstances on preventing epidemic and the records on controlling humidity and temperature; and

(6) The implementation of related provisions in the bilateral agreement, protocol or laws and regulations of the importing country or region.

Article 19 If an orchard or packing factory of outbound fruits is under any of the following circumstances, the inspection and quarantine institution shall order it to make corrections within a time limit, and shall not accept its application for quarantine until it is found qualified after the correction:

(1) It fails to use agricultural chemicals pursuant to provisions;

(2) Any environmental pollution source exists around;

(3) Source of the packing factory’s fruits is not clear;

(4) The fruits sourced differently within the packing factory are blended, without measures on separation and epidemic prevention, and are hard to be distinguished from each other;

(5) It fails to indicate the related information or add marks on packages pursuant to the legal provisions;

(6) The quarantine treatment facilities of the packing factory encounter with a major technical problem;

(7) The inspection and quarantine institution, upon quarantine, finds that any harmful organism or toxic and harmful substance to which importance is attached abroad exceeds the standard; or

(8) The importing country or region, upon quarantine, finds that any harmful organism or toxic and harmful substance exceeds the standard.

Article 20 An inspection and quarantine institution shall make annual checks on the registered orchard and packing factories of outbound fruits before the fruit collection quarter in each year, and if any orchard and packing factory is assessed to be unqualified from the annual checks, it shall make rectification within a time limit.

Article 21 A registered orchard or packing factory of outbound fruits shall be disqualified from registration under any of the following circumstances:

(1) Failing to satisfy the requirements after making rectification within a time limit;

(2) Concealing or reporting by omission any problem of quality and safety;

(3) Refusing to accept the supervision and administration by the inspection and quarantine institution; or

(4) Failing to re-apply for registration according to Article 13.

Article 22 The orchard and the packing factory of outbound fruits shall build up stable supply and cooperation relationships. The packing factory shall require the orchard to intensify the monitoring, prevention and control of the epidemic situation as well as toxic and harmful substances so as to ensure the supply of high-quality and safe fruits.

With respect to outbound fruits carried to the packing factory beyond the jurisdiction of the local inspection and quarantine institution, a registered orchard shall apply to the local inspection and quarantine institution for the supply certificate of origin place with such information as the name and quantity of the fruits, the name or registration number of the orchard, etc. clearly indicated.

Chapter IV Exit Inspection and Quarantine

Article 23 The party concerned shall apply for quarantine of outbound fruits to the inspection and quarantine institution at the place where the packing factory is located, and submit related documents according to the provisions on the application for quarantine.

When applying for quarantine, the party concerned shall provide a photocopy of the registration certificate in addition if the outbound fruits come from a registered orchard or packing factory; the inspection and quarantine institution at the locality of the registered orchard shall issue a fruit supply certificate of the origin place for any other registered orchard out of the jurisdiction; the party concerned shall clearly indicate the name, address and other information of the sourcing orchard or packing factory on the application list for quarantine if the outbound fruits come from an unregistered orchard or packing factory.

In case the source of outbound fruits is not clear, the application for quarantine shall not be accepted.

Article 24 In accordance with provisions of the importing country or region on inspection and quarantine of inward fruits and the registered information on the orchard or the packing factory, an inspection and quarantine institution shall implement corresponding exit inspection and quarantine measures combined with daily supervision and administration.

Article 25 An inspection and quarantine institution shall, in light of the following requirements, inspect and quarantine outbound fruits:

(1) The bilateral agreements on quarantine entered into between China and the importing country or region (including agreements, protocols and memorandums, etc.);

(2) The provisions or requirements on inspection and quarantine of inward fruits of the importing country or region;

(3) International plant quarantine measures and standards;

(4) Provisions on the inspection and quarantine of outbound fruits of China; and

(5) The requirements on inspection and quarantine set forth in the trade contract and letter of credit, etc.

Article 26 An inspection and quarantine institution shall, according to relevant work procedures and technical standards, conduct the on-the-spot inspection and quarantine and laboratory test:

(1) To check whether the goods are consistent with the documents;

(2) To check whether the related information about the plant quarantine certificate and the packing boxes satisfy the requirements of the importing country or region;

(3) To inspect whether the fruits are accompanied with polypides, disease symptoms, branches, leaves, soil and condition of plant disease or insect pest. In case a suspicious epidemic situation is found, the related samples and disease polypides shall be sent to the laboratory for quarantine and authentication according to the related provisions.

Article 27 Exit inspection and quarantine as well as daily supervision and administration shall be implemented on outbound fruits by the inspection and quarantine institution.

The related inspection and quarantine certificates such as the inspection and quarantine certificate, the customs release list or the voucher on re-issuance of the certificate for the outbound goods shall be issued according to the related provisions where the outbound fruits are found qualified from inspection and quarantine, and the outbound goods shall be permitted to exit. In case outbound goods have not been inspected and quarantined or are found unqualified from the inspection and quarantine, they may not be permitted to exit.

In case the outbound fruits are found unqualified from inspection and quarantine, the inspection and quarantine institution shall feed back related information to the orchard or the packing factory of outbound fruits, and help investigate the reason and take improvement measures. In case the orchard or the packing factory of outbound fruits is not within its jurisdiction, the inspection and quarantine institution carrying out the inspection and quarantine shall timely notify related information to the local inspection and quarantine institution at the place where the orchard or the packing factory of outbound fruits is located.

Chapter V Supplementary Rules

Article 28 The following terms as mentioned in these Measures shall mean as follows:

(1) The term “orchard” shall refer to a piece of land to continuously plant a single variety of fruits without being separated by barriers (such as road, channel or speedway, etc.).

(2) The term “packing factory” shall refer to a fixed place for selecting, classifying, processing, packing, storing fruits after collection or for other operations in series, and may, in general, contain preliminary selection area, processing and packing area, storage warehouse, etc.

(3) The term “frozen fruits” shall refer to fruits which are stored or transported 18 degrees centigrade below zero after processed.

Article 29 In case any entity or individual concerned goes against 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 as well as the Food Hygiene Law of the People’s Republic of China, the inspection and quarantine institution shall punish it/him according to the related provisions.

Article 30 If any of the following circumstances occurs, the inspection and quarantine institution may impose a fine of below 30,000 yuan:

(1) To blend the fruits sourced from a registered orchard or packing factory with those from an unregistered orchard or packing factory;

(2) To embezzle the registration number of the orchard or the packing factory;

(3) To forge or alter a supply certificate of the origin place;

(4) To replace the fruits that are found to be qualified from inspection and quarantine; or

(5) To conduct other acts with violation of these Measures, which causes serious safety or hygienic quality accidents.

Article 31 In case any inspection or quarantine staff member practices favoritism and engages in irregularities, abuses power, neglects duties or goes against any laws, regulations or these Measures, administrative sanctions shall be imposed on him according to law; if the circumstance is serious and a crime is committed, criminal liabilities shall be ascertained according to law.

Article 32 The SAQSIQ shall be responsible for the interpretation of these Measures.

Article 33 These Measures shall go into effect as of February 1, 2007.

(Not the official translation. Source: www.fdi.gov.cn)