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People's Republic of China Agricultural Products Quality and Safety Law

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People's Republic of China Agricultural Products Quality and Safety Law

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[Abstract]:
Article 1 This Law is enacted to ensure the quality and safety of agricultural products, safeguard public health, and promote the development of agriculture and rural economy.
Article 1 This Law is enacted to ensure the quality and safety of agricultural products, safeguard public health, and promote the development of agriculture and rural economy.
Article 2 The term "agricultural products" as used in this Law refers to primary products derived from agriculture, that is, plants, animals, microorganisms and their products obtained in agricultural activities.
The quality and safety of agricultural products referred to in this Law means that the quality of agricultural products meets the requirements for the health and safety of the protectors.
Article 3 The administrative department of agriculture of the people's government at or above the county level shall be responsible for the supervision and administration of the quality and safety of agricultural products; the relevant departments of the people's government at or above the county level shall be responsible for the work related to the quality and safety of agricultural products in accordance with the division of responsibilities.
Article 4 The people's governments at or above the county level shall incorporate the quality and safety management of agricultural products into their national economic and social development plans, and arrange for the quality and safety of agricultural products for the quality and safety of agricultural products.
Article 5 The local people's governments at or above the county level shall uniformly lead and coordinate the work of quality and safety of agricultural products within their respective administrative regions, and take measures to establish and improve the quality and safety service system for agricultural products and improve the quality and safety of agricultural products.
Article 6 The competent agricultural administrative department of the State Council shall set up an expert committee for quality and safety assessment of agricultural products composed of experts from relevant parties to conduct risk analysis and assessment of potential hazards that may affect the quality and safety of agricultural products.
The competent agricultural administrative department of the State Council shall take corresponding management measures according to the results of agricultural product quality and safety risk assessment, and timely report the results of agricultural product quality and safety risk assessment to the relevant departments of the State Council.
Article 7 The agricultural administrative department of the State Council and the agricultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall, in accordance with their duties and powers, publish information on the quality and safety of agricultural products.
Article 8 The State shall guide and promote the standardized production of agricultural products, encourage and support the production of high-quality agricultural products, and prohibit the production and sale of agricultural products that do not meet the quality and safety standards of agricultural products as prescribed by the State.
Article 9 The State supports the scientific and technological research on the quality and safety of agricultural products, promotes scientific quality and safety management methods, and promotes advanced and safe production technologies.
Article 10 The people's governments at all levels and relevant departments shall strengthen the publicity of agricultural product quality and safety knowledge, raise public awareness of the quality and safety of agricultural products, guide agricultural producers and sellers to strengthen quality and safety management, and ensure the safety of agricultural products consumption.
        
Chapter II Agricultural Products Quality and Safety Standards
 
Article 11 The State establishes and improves the quality and safety standards system for agricultural products. Agricultural product quality and safety standards are mandatory technical specifications.
The formulation and publication of agricultural product quality and safety standards shall be implemented in accordance with the provisions of relevant laws and administrative regulations.
Article 12 The formulation of agricultural product quality and safety standards shall fully consider the results of agricultural product quality and safety risk assessment, and listen to the opinions of producers, sellers and consumers of agricultural products to ensure consumer safety.
Article 13 The quality and safety standards for agricultural products shall be revised in a timely manner in accordance with the level of scientific and technological development and the need for quality and safety of agricultural products.
Article 14 The quality and safety standards for agricultural products shall be organized and implemented by the competent administrative departments of agriculture.
 
 
Chapter III Origin of Agricultural Products
 
Article 15 The agricultural administrative department of the local people's government at or above the county level shall, in accordance with the requirements for ensuring the quality and safety of agricultural products, and the factors affecting the production of specific agricultural products based on the characteristics of agricultural products and the status of toxic and hazardous substances in the atmosphere, soil and water bodies in the production area, The area where production is prohibited is promulgated and published after approval by the people's government at the same level. The specific measures shall be formulated by the competent agricultural administrative department of the State Council in consultation with the environmental protection administrative department of the State Council.
The adjustment of the production area prohibited by agricultural products shall be handled in accordance with the procedures stipulated in the preceding paragraph.
Article 16 The people's government at or above the county level shall take measures to strengthen the construction of agricultural product bases and improve the production conditions of agricultural products.
The agricultural administrative department of the people's government at or above the county level shall take measures to promote the construction of standardized production demonstration zones, demonstration farms, breeding communities and unspecified animal and plant epidemics that guarantee the quality and safety of agricultural products.
Article 17 It is forbidden to produce, fish, collect edible agricultural products and establish agricultural production bases in areas where toxic and hazardous substances exceed the prescribed standards.
Article 18 It is forbidden to discharge or dump waste water, waste gas, solid waste or other toxic and hazardous substances to the agricultural products producing areas in violation of laws and regulations.
Agricultural production water and solid waste used as fertilizer should meet the standards set by the state.
Article 19 Producers of agricultural products shall rationally use chemical products such as chemical fertilizers, pesticides, veterinary drugs and agricultural films to prevent pollution of agricultural products.
 
 
Chapter IV Production of Agricultural Products
 
Article 20 The competent agricultural administrative department of the State Council and the administrative department of agriculture of the people's government of a province, autonomous region or municipality directly under the Central Government shall formulate production technical requirements and operational procedures for ensuring the quality and safety of agricultural products. The agricultural administrative department of the people's government at or above the county level shall strengthen the guidance on the production of agricultural products.
Article 21 Licensing systems shall be implemented in accordance with the provisions of relevant laws and administrative regulations on pesticides, veterinary drugs, feed and feed additives, fertilizers and veterinary equipment that may affect the quality and safety of agricultural products.
The agricultural administrative department of the State Council and the agricultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall conduct regular supervision and spot checks on agricultural inputs such as pesticides, veterinary drugs, feed and feed additives, fertilizers, etc., which may endanger the quality and safety of agricultural products, and publish the results of random inspections.
Article 22 The administrative department of agriculture of the people's government at or above the county level shall strengthen the management and guidance of the use of agricultural inputs and establish and improve a system for the safe use of agricultural inputs.
Article 23 Agricultural scientific research educational institutions and agricultural technology extension institutions shall strengthen the training on the quality and safety knowledge and skills of agricultural producers.
Article 24 Agricultural product production enterprises and farmers' professional cooperative economic organizations shall establish production records of agricultural products, and truthfully record the following items:
(1) The name, source, usage, dosage, use and date of use of agricultural inputs;
(2) The occurrence and prevention of animal diseases, plant diseases, insects and weeds;
(3) Date of harvest, slaughter or fishing.
Agricultural production records should be kept for two years. It is forbidden to forge the production record of agricultural products.
The state encourages other agricultural producers to establish agricultural production records.
Article 25 Producers of agricultural products shall, in accordance with the laws, administrative regulations and the provisions of the competent agricultural administrative department of the State Council, rationally use agricultural inputs, strictly enforce the safety interval of agricultural inputs or the period of drug withdrawal, and prevent the quality and safety of agricultural products from being endangered. .
It is forbidden to use agricultural inputs that are prohibited by the state from being used in the production of agricultural products.
Article 26 Agricultural product production enterprises and farmers' professional cooperative economic organizations shall, on their own or entrust a testing agency, conduct inspections on the quality and safety of agricultural products; agricultural products that have not been tested to meet the quality and safety standards of agricultural products shall not be sold.
Article 27 Farmers' professional cooperative economic organizations and agricultural product trade associations shall provide production technical services to their members in a timely manner, establish a quality and safety management system for agricultural products, improve the quality and safety control system for agricultural products, and strengthen self-discipline management.
 
 
Chapter V Agricultural Products Packaging and Labeling
 
Article 28 Agricultural products manufacturers, farmers' professional cooperative economic organizations, and agricultural products sold by units or individuals engaged in the purchase of agricultural products shall, in accordance with the provisions, be packaged or attached with signs, and shall be sold after being packaged or attached. The package or label shall indicate the product name, place of origin, producer, date of manufacture, shelf life, product quality grade, etc. according to the regulations; if additives are used, the name of the additive shall also be indicated in accordance with the regulations. The specific measures shall be formulated by the competent agricultural administrative department of the State Council.
Article 29 The preservatives, preservatives, additives and other materials used in the packaging, preservation, storage and transportation of agricultural products shall conform to the relevant national mandatory technical specifications.
Article 30 Agricultural products belonging to agricultural genetically modified organisms shall be marked in accordance with the relevant provisions on the safety management of agricultural genetically modified organisms.
Article 31 Animals and plants and their products that need to be quarantined according to law shall be accompanied by a quarantine conformity mark and a quarantine certificate.
Article 32 The agricultural products sold must meet the quality and safety standards of agricultural products, and producers can apply for the use of pollution-free agricultural products. If the quality of agricultural products meets the standards for quality agricultural products stipulated by the state, producers may apply for the corresponding agricultural product quality marks.
It is forbidden to use the agricultural product quality mark specified in the preceding paragraph.
 
 
Chapter VI Supervision and Inspection
 
Article 33 Agricultural products that have one of the following conditions may not be sold:
(1) Containing pesticides, veterinary drugs or other chemical substances prohibited by the state;
(2) toxic or hazardous substances such as pesticides, veterinary drugs and other chemical substances that are contained or contained in heavy metals do not meet the quality and safety standards of agricultural products;
(3) The pathogenic parasite, microorganism or biotoxin contained in the disease does not meet the quality and safety standards of agricultural products;
(4) The materials used for preservatives, preservatives, additives, etc. do not comply with the relevant national mandatory technical specifications;
(5) Others that do not meet the quality and safety standards for agricultural products.
Article 34 The State establishes a quality and safety monitoring system for agricultural products. The agricultural administrative department of the people's government at or above the county level shall, in accordance with the requirements for ensuring the quality and safety of agricultural products, formulate and organize the implementation of agricultural product quality and safety monitoring plans to conduct supervision and spot checks on agricultural products sold in production or on the market. The results of supervision and spot checks shall be announced by the competent agricultural administrative department of the State Council or the administrative department of agriculture of the people's government of the province, autonomous region or municipality directly under the Central Government in accordance with the authority.
The supervision and spot check shall be entrusted to the agricultural product quality and safety testing institution that meets the conditions stipulated in Article 35 of this Law, and shall not charge the spotted person, and the sample taken shall not exceed the quantity prescribed by the agricultural administrative department of the State Council. The agricultural products that are supervised by the higher-level agricultural administrative departments shall not be repeated for random inspection.
Article 35 The quality and safety inspection of agricultural products shall make full use of the existing qualified testing institutions.
The institutions engaged in the quality and safety inspection of agricultural products must have the corresponding testing conditions and capabilities, and the agricultural administrative departments of the people's governments at or above the provincial level or their authorized departments shall pass the examination. The specific measures shall be formulated by the competent agricultural administrative department of the State Council.
The agricultural product quality and safety testing institution shall pass the measurement certification according to law.
Article 36 If a producer or seller of agricultural products disagrees with the results of supervision and random inspection, he may, within five days from the date of receipt of the test results, the agricultural administrative department or the higher-level agricultural administration that implements the agricultural product quality safety supervision and inspection. The competent department applies for re-examination.
The agricultural administrative department of the State Council shall, in conjunction with the rapid detection method identified by the relevant department, carry out random inspection and inspection of agricultural products. If the spot checker has any objection to the test results, he may apply for re-examination within four hours from the receipt of the test results. The rapid inspection method shall not be used for re-examination.
If the test result is erroneously causing damage to the party, it shall be liable for compensation according to law.
Article 37 The agricultural product wholesale market shall establish or entrust an agricultural product quality and safety testing institution to conduct spot checks on the quality and safety of agricultural products entering the market; if it finds that it does not meet the agricultural product quality and safety standards, it shall require the seller to stop selling immediately and Agricultural administrative department report.
Agricultural products sales enterprises shall establish a sound import inspection and acceptance system for agricultural products they sell; they shall not be sold if they fail to meet the quality and safety standards for agricultural products.
Article 38 The State encourages units and individuals to conduct social supervision over the quality and safety of agricultural products. Any unit or individual has the right to report, expose and sue for violations of this Law. After receiving relevant reports, disclosures and complaints, the relevant departments shall promptly handle them.
Article 39 The agricultural administrative department of the people's government at or above the county level may conduct on-site inspections of agricultural products produced and sold in the supervision and inspection of agricultural product quality and safety, investigate and understand the relevant conditions of agricultural product quality and safety, and review and copy the quality and safety of agricultural products. Records and other materials; for agricultural products that have been tested to meet the quality and safety standards for agricultural products, they have the right to seal up and detain them.
Article 40 When an agricultural product quality and safety accident occurs, the relevant units and individuals shall take control measures and report to the local township people's government and the county-level people's government agricultural administrative department in a timely manner; the organ receiving the report shall promptly handle and report to the previous one. Level people's government and relevant departments. When a major agricultural product quality and safety accident occurs, the agricultural administrative department shall promptly notify the food and drug supervision and administration department at the same level.
Article 41 The agricultural administrative department of the people's government at or above the county level shall, in the supervision and management of agricultural product quality and safety, discover that agricultural products that have one of the conditions listed in Article 33 of this Law shall comply with the requirements of the system for investigating the quality and safety of agricultural products. Identify the responsible person, deal with it according to law or put forward suggestions for handling it.
Article 42 Imported agricultural products must be inspected in accordance with the quality and safety standards for agricultural products as stipulated by the State; if the quality and safety standards for agricultural products have not been formulated, they shall be formulated in time according to law. Before they are formulated, they may be inspected according to relevant foreign standards designated by the relevant state departments. .
 
 
Chapter VII Legal Liability
 
 
Article 43 If the agricultural product quality safety supervision and management personnel fail to perform their supervisory duties according to law or abuse their powers, they shall be given administrative sanctions according to law.
Article 44 If the agricultural product quality and safety testing institution forges the test results, it shall be ordered to make corrections, the illegal income shall be confiscated, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and more than 10,000 yuan shall be imposed on directly responsible persons and other directly responsible personnel. A fine of not more than 50,000 yuan; if the circumstances are serious, the qualification for testing shall be revoked; if damage is caused, the liability for compensation shall be borne according to law.
If the agricultural product quality and safety testing agency issues a false test result and causes damage, it shall be liable for compensation according to law; if it causes significant damage, it shall revoke its testing qualification.
Article 45 Anyone who violates laws and regulations and discharges or dumps waste water, waste gas, solid waste or other toxic and hazardous substances to the agricultural product producing areas shall be punished in accordance with the relevant environmental protection laws and regulations; if damage is caused, the liability shall be compensated according to law.
Article 46 If the use of agricultural inputs violates the laws, administrative regulations and the provisions of the competent agricultural administrative department of the State Council, it shall be punished in accordance with the provisions of relevant laws and administrative regulations.
Article 47 If an agricultural product production enterprise or a farmer's professional cooperative economic organization fails to establish or fails to keep records of agricultural product production in accordance with regulations, or falsifies production records of agricultural products, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it may be fined not more than 2,000 yuan.
Article 48 If, in violation of the provisions of Article 28 of this Law, the agricultural products sold are not packaged or marked in accordance with the regulations, they shall be ordered to make corrections within a time limit; if they fail to make corrections within the time limit, they may be fined not more than 2,000 yuan.
Article 49 In the case of the provisions of Paragraph 4 of Article 33 of this Law, the materials used for preservatives, preservatives, additives, etc. do not comply with the relevant national compulsory
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