china law
Lehmanlaw

Circular of State Administration of Chinese Traditional Medicine, Ministry of Foreign Trade and Economic Cooperation,State Administration of Import and Export Commodity Inspection and Customs General Administration on Implementing the Quality Registration

(April 1, 1996)

 

Following the steady expansion of China's foreign trade, the exports of Chinese traditional medicines have seen yearly growth. In order to ensure the quality of exported Chinese traditional medicines, protect their international reputation and consolidate the existing markets abroad, problems shall be solved in a possible way before the products leaving the territory so as to avoiding harmful effects. Thus, trade quality administration work for Chinese traditional medicines before exportation must be strengthened. For this purpose, the State Administration of Chinese Traditional Medicine, Ministry of Foreign Trade and Economic Cooperation, State Administration of Import and Export Commodity Inspection and Customs General Administration have jointly studied and decided to establish the quality registration, inspection and releasing system of Chinese traditional medicines to be exported.

As of May 1, 1996, Chinese traditional medicines to be exported and their manufacturing enterprises shall undergo inspection by quality inspection organizations designated by the State Administration of Chinese Traditional Medicines. After inspection, the State Administration of Chinese Traditional Medicines shall verify and issue the quality registration certificates to those qualified.

The State Administration of Chinese Traditional Medicine, Ministry of Foreign Trade and Economic Cooperation and State Administration of Import and Export Commodity Inspection shall jointly make once a year the publication of name list of Chinese traditional medicines to be exported and their production enterprises which have been approved for quality registration. The contents shall cover: names of production enterprises, varieties of Chinese traditional medicines, specifications, trademarks, quality registration and testing organizations. The Chinese traditional medicines for export purchased by foreign trade management enterprises or exported by the enterprises themselves (which mean the enterprises authorized to handle exports and imports) must be those manufactured by the production enterprises which have been approved for quality registration.

The State Administration of Chinese Traditional Medicine shall carry out strict supervision and administration over enterprises specialized in producing Chinese traditional medicines. If quality problems are found in the production enterprises which have obtained the quality registration certificates of Chinese traditional medicines, the quality registration certificates of Chinese traditional medicines obtained by the said enterprises shall be revoked. If any losses caused by quality problems occur, the State Administration of Chinese Traditional Medicines shall order the production enterprises concerned bear the relevant economic responsibility.

The commodity inspection authorities shall conduct inspection on the Chinese traditional medicines to be exported (see annex). The foreign trade management enterprises, when making application for inspection on the Chinese traditional medicines to be exported to the commodity inspection authorities, must submit the supply contracts of the production enterprises and the quality registration certificates of Chinese traditional medicines (copies). The commodity inspection authorities shall conduct inspection, and issue the commodity inspection certificates in compliance with the Chinese traditional medicines and their production enterprises published according to the relevant provision.

As of May 1, 1996, for the Chinese traditional medicines included in the annex of Detailed Regulations on Implementing the Quality Registration of Chinese Traditional Medicines to Be Exported (for Trial Implementation), the Customs shall accept the declaration against the commodity inspection certificates of Chinese traditional medicines. Those who violate the above-mentioned provisions shall be punished by the Customs in accordance with the Customs Law and the relevant rules and regulations.

The foreign economic and trade commissions (departments or bureaus), the commodity inspection authorities and medicine administration departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate plan shall timely transfer the documents to the relevant units and enterprises. Enclosed herewith are the Detailed Regulations on Implementing the Quality Registration of Chinese Traditional Medicines to Be Exported, the relevant departments and units are requested to follow in their business practice.

annex: The list of export of Chinese traditional medicines to be inspected.(omitted)