People's Republic Of China Agricultural Product Quality Security Law

Original Language Title: 中华人民共和国农产品质量安全法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(April 29, 2006 Deputies adopted at the 21st meeting of the Standing Committee) People's Republic of China President of the 49th People's Republic of China Law on quality safety of agricultural products by the People's Republic of China of deputies of the 21st meeting of the Standing Committee, adopted on April 29, 2006, are hereby promulgated and, as of November 1, 2006.
People's Republic of China President Hu Jintao April 29, 2006 contents chapter I General provisions chapter II the quality and safety standard chapter agricultural chapter fourth fifth chapter agricultural products packaging and marking the sixth chapter Chapter seventh eighth chapter legal liability of supervision and inspection annex chapter I General provisions article to ensure the quality and safety, safeguard public health and promote the development of agriculture and the rural economy, this law is enacted.
Agricultural products referred to in article II of this law refers to comes from agricultural commodities, agricultural activities for plants, animals, microorganisms and their products.
Quality and safety of agricultural products in this law refers to the quality of agricultural products meet the requirements of protection of human health, safety.
Third agricultural administrative departments in the people's Governments above the county level shall be responsible for supervision and administration of quality safety of agricultural products and relevant departments under the people's Governments above the county level Division of duties, is responsible for the quality and safety of the work.
Fourth people's Governments above the county level agricultural product quality and safety management should be integrated into the national economic and social development plan, and arrange for the quality and safety requirements for the implementation of quality and safety of agricultural products.
Fifth local people's Governments at or above the county level shall exercise unified leadership, coordination of quality safety of agricultural products in their respective administrative areas, and take measures, establishing and perfecting the service system of agricultural products quality and safety, and improve the quality and safety level.
Sixth Department of agriculture administration under the State Council shall be established consisting of experts of agricultural product quality safety risk evaluation Expert Committee that may impact the quality and safety risk analysis and assessment of the potential hazard.
Departments of agriculture administration under the State Council shall, in accordance with the quality and safety risk assessment to take appropriate administrative measures and agricultural product quality safety risk assessment results inform the relevant departments under the State Council.
Article seventh agricultural Administrative Department under the State Council and the provincial, autonomous region, municipality of agricultural administrative departments shall, in accordance with rights and responsibilities, published information about the quality and safety conditions.
Eighth national guidance, promote agricultural standardized production, encourage and support the production of high quality agricultural products, prohibit the production, sales did not meet state-mandated standards of quality and safety of agricultural products produce.
Nineth State supports the quality and safety of scientific and technological research, implementation of scientific quality and safety management practices, promote the production of advanced safety technologies.
Tenth levels of people's Governments and relevant departments should be strengthened to disseminate knowledge of quality and safety of agricultural products, heighten public awareness of the quality and safety of agricultural products to guide producers and sellers of agricultural products quality safety management, guarantee the consumption and safety. Chapter II the quality and safety standard 11th country to establish and improve the quality and safety standard system.
Technical specifications of agricultural product quality and safety standards is mandatory.
Development of agricultural product quality and safety standards, and publish, in accordance with the provisions of relevant laws and administrative regulations.
12th development of agricultural products ' quality safety standards should be fully taken into account the quality and safety risk assessment, and listen to the views of producers, sellers and consumers of agricultural products to guarantee consumer safety.
13th the quality and safety standards should be based on Science and technology development, as well as the quality and safety needs, time.
14th agricultural product quality and safety standards implemented by the Organization of agricultural administrative departments in consultation with departments concerned. Chapter III agricultural 15th administrative departments of local people's Governments at or above the county level shall agriculture according to guarantee the quality and safety requirements, according to the characteristics of agricultural products and production area air, toxic and harmful substances in soil, water, and other factors, specific agricultural production does not consider it appropriate, to propose a ban on the production of regional, and reported to the people's Governments at the corresponding level for approval announced.
Specific measures shall be formulated by the Administrative Department of agriculture environmental protection Administrative Department under the State Council.
The adjustment of the agricultural production area is prohibited, in accordance with the procedure provided for in the preceding paragraph.
16th people's Governments above the county level shall take measures to strengthen the construction of agricultural production bases and improve agricultural production conditions.
Agriculture administration departments at or above the county level shall take measures to promote the standardized production guarantees the quality and safety example district, demonstration farms, farming communities and not require the construction of animal and plant diseases.
17th prohibited hazardous substance exceeding the prescribed standard of regional production, fishing and the gathering of edible farm products and establish production bases of agricultural products.
18th prohibits the violation of laws and regulations to the agricultural emissions or dumping of waste water, waste gas, solid waste or other hazardous substances.
Agricultural water use and solid waste used as fertilizer, shall conform to the standards prescribed by the State.
Article 19th agricultural producers should be the rational use of fertilizers, pesticides, veterinary drugs and agricultural films, such as chemical products, pollution from agricultural origin. Fourth chapter 20th agricultural production departments of agriculture administration under the State Council and the provincial, autonomous region, municipality of agricultural administrative departments should develop production technology guarantees the quality and safety requirements and procedures.
Agriculture administration departments at or above the county level shall strengthen the guidance of agricultural production.
21st may influence the quality and safety of pesticides, veterinary drugs, animal feed and feed additive, fertilizer, veterinary instruments, in accordance with the relevant provisions of laws and administrative regulations to implement a licensing system.
Departments of agriculture administration under the State Council and the provincial, autonomous region, municipality of agricultural administrative departments should be periodically could compromise the quality and safety of pesticides, veterinary drugs, animal feed and feed additives, fertilizers and other agricultural inputs carried out supervision and inspection, and to publish the results of spot checks.
22nd agriculture administration departments at or above the county level shall strengthen the agricultural inputs used by management and guidance, establishing and perfecting the system of the safe use of agricultural inputs.
Article 23rd agricultural scientific research and educational institutions and agro-technical popularization setups shall strengthen the quality and safety of agricultural producers of knowledge and skills training.
24th agricultural enterprises and farmers ' specialized cooperative economic organizations shall establish production records, specify the following particulars: (a) the name of the use of agricultural inputs, sources, usage, dosage and use, inactive date; (ii) the occurrence of animal diseases, plant diseases, pests and control conditions; (c) harvesting, slaughter or fishing dates. Farm production records shall be kept for two years.
Ban on fake agricultural production records.
Country encourage other producers to establish production records.
25th agricultural production should be in accordance with laws, administrative regulations and Department of agriculture administration under the State Council, the rational use of agricultural inputs, strictly implement agricultural inputs using the safety interval period or withdrawal, under the provisions to prevent endangering the quality and safety.
Prohibited in agricultural products used in the production process of countries banned the use of agricultural inputs.
Article 26th production enterprises and farmers ' specialized cooperative economic organizations shall himself or entrust the testing organizations to test for the quality safety of agricultural products; tested did not meet standards of quality and safety of agricultural products, may not be sold.
27th farmers ' professional cooperative economic organization and agricultural products trade association shall promptly provide technical services to its members, establishing agricultural product quality safety management system, improve the quality and safety control system, strengthening self-regulation. Fifth chapter packaging and labeling article 28th agricultural products production enterprises, farmers ' specialized cooperative economic organizations and units or individuals engaged in purchasing marketing of agricultural products, in accordance with the provisions of the packaging or attached logo, subject to packaging or additional identification before they can sell. Or marking on the packaging shall be labelled in accordance with provisions of title, country of origin, producer, production date, shelf life, quality grade and so on; use of additives shall also indicate the name of the additive in accordance with regulations.
Specific measures shall be formulated by the Department of agriculture administration under the State Council.
Article 29th of agricultural products, packaging, preservation, storage and transportation of preservatives, preservatives, and additives used in the material, shall conform to the national technical specifications related to mandatory.
Article 30th agricultural genetically altered biological products, should be in accordance with the relevant provisions of the administration of agricultural genetically modified organism safety label.
31st are required by law to quarantine animals and plants and their products, signs, they should be attached and quarantine and quarantine certificates. Article 32nd sales of agricultural products must comply with standards of quality and safety of agricultural products, producers can apply for the use of pollution-free agricultural products logo.
Quality of agricultural products in line with State regulations on quality standards of agricultural products, producers of agricultural products can be applied for using the appropriate quality mark.
Prohibition of using agricultural products provided for in the preceding paragraph quality marks. Sixth chapter supervision check 33rd article has following case one of of agricultural, shall not sales: (a) contains national ban using of pesticide, and veterinary drugs or other chemical material of; (ii) pesticide, and veterinary drugs, chemical material residues or contains of heavy metal, toxic harmful material not meet agricultural quality security standard of; (three) contains of pathogenic sex parasites, and microbial or biological toxins not meet agricultural quality security standard of; (four) using of preservative, and preservatives, and
Additive materials do not comply with the relevant national mandatory technical specifications; (v) does not meet the standards of quality and safety of agricultural products. 34th State establishes the quality and safety monitoring system. People's Governments above the county level agricultural administrative departments shall ensure the quality and safety requirements, develop and organize the implementation of the quality and safety monitoring plan in the production or sale of agricultural products on the market supervision.
Inspection results by departments of agriculture administration under the State Council or provincial, autonomous regional and municipal people's Government departments of agriculture administration be released under permission. Supervision and selective inspection shall be commissioned in accordance with the conditions specified in article 35th of the law of agricultural product quality and safety testing institutions shall not charge to selected people, taking samples shall not exceed the number of departments of agriculture administration under the State Council. Superior Administrative Department of agriculture supervision and inspection of agricultural products, agricultural administrative departments may not otherwise be repeated sampling at lower levels.

35th article quality and safety inspection of agricultural products must make full use of existing eligible testing organizations. Engaged in the agricultural products quality and safety testing organization, must have the appropriate detection and ability by the people's Governments above provincial level agricultural administrative department or the authorized Department examinations.
Specific measures shall be formulated by the Department of agriculture administration under the State Council.
Agricultural products quality and safety inspection bodies shall be subject to metrological certification qualified.
Article 36th agricultural producers and sellers of objections to the inspection results, since the date of receiving the test results in the 5th, to organize the implementation of agricultural products quality and safety inspection of agricultural administrative departments or by a superior administrative Department of agriculture to apply for review. Authorized by departments of agriculture administration under the State Council in conjunction with the method of rapid detection of agricultural products quality safety supervision and inspection, spot checks of people who disagrees with the results, you can receive the results within four hours to apply for review.
Review rapid detection methods can not be used.
Detection error for damage caused to individuals, shall bear the liability for damages.
37th wholesale market for agricultural products should be established, or delegate the quality and safety testing organization, spot checks detected the approaching sales of agricultural products quality safety conditions; found not to meet the standards of quality and safety of agricultural products, sellers should be required to immediately stop sale, and report to the Department of agriculture administration.
Agricultural marketing companies on the sale of agricultural products, shall establish and improve stock checking system check does not meet the standards of quality and safety of agricultural products, may not be sold. 38th State shall encourage units and individuals to social control of quality and safety of agricultural products. All units and individuals have the right to violate the law to report and expose and sue.
Authorities after receiving the report and expose and charged, should be processed in a timely manner.
39th agricultural administrative departments in the people's Governments above the county level of agricultural products quality safety supervision and inspection, conducting on-site inspections on the production and sale of agricultural products, investigate the circumstances regarding the quality and safety of agricultural products, check out, copy, and records and other information related to the quality and safety of agricultural products; tested did not meet standards of quality and safety of agricultural products, right to seal up or seize. 40th of agricultural products quality safety incidents, units and individuals should take control measures promptly to the local people's Governments at the township level and county administrative departments of agriculture reports received reports of organs should be processed in a timely manner and the immediate upper level people's Governments and relevant departments.
When there is a major agricultural product quality and safety accident, it shall promptly inform the competent administrative Department of agriculture at the food and drug administration.
41st agricultural administrative departments in the people's Governments above the county level of agricultural products quality safety supervision and management, found 33rd agricultural products one of the circumstances listed in this law shall be in accordance with the requirements of accountability mechanism for quality safety of agricultural products, identify those responsible and be dealt with according to law, or proposed recommendations.
The 42nd article import of agricultural products must be tested in accordance with national standards of quality safety of agricultural products; to enact the relevant standards of quality and safety of agricultural products, they shall be developed, was not enacted before, can refer to the relevant departments of the State designated foreign testing standards.
Article 43rd on the seventh chapter law responsibility of agricultural products quality safety supervision and management personnel to perform their oversight responsibilities, or abuse of, and shall be given administrative sanctions.
Article 44th of agricultural product quality security body forged results, correction, confiscation of illegal gains and fines of between 50,000 yuan and 100,000 yuan, directly responsible for the charge and the other persons fined a maximum of between 50,000 yuan and 10,000 yuan in serious cases, revocation of their inspection qualifications for damage caused, shall bear the liability for damages.
Agricultural products quality and safety inspection certificate test result false, damaging and legally undertake the compensation responsibility of causing significant harm, and revocation of their inspection qualifications.
45th in violation of laws and regulations, discharge or dumping into the agricultural waste water, waste gas, solid waste or other hazardous substances, in accordance with the provisions of laws and regulations dealing with the environment, causing damage, the violator shall bear liability.
Article 46th agricultural inputs in violation of laws, administrative regulations and Department of agriculture administration under the State Council, in accordance with the provisions of the relevant laws and administrative regulations.
47th agricultural enterprises, farmers ' specialized cooperative economic organizations are not established or were not in accordance with the requirements to keep production records, or fake agricultural production records, a rectification; it fails, may be fined a maximum of 2000.
48th article violates this law article 28th, sales of agricultural products not in accordance with the provisions of the packaging, labelling, and rectification; it fails, may be fined a maximum of 2000.
49th under any of the circumstances prescribed in the 33rd fourth of this law, the use of preservatives, preservatives, additives and other materials do not comply with the relevant national mandatory technical specifications, shall be ordered to stop selling, to harmless treatment of contaminated agricultural products, to harmless treatment cannot be supervised destruction, confiscation of illegal income, and more than 2000 Yuan and fined a maximum of 20,000 yuan.
50th production enterprises, farmers ' professional cooperative economic organization in sales of agricultural products to the 33rd article to the third or the fifth one of the circumstances listed in, shall be ordered to stop selling, the recovery had sales of agricultural products, the illegal sale of agricultural products by harmless treatment or supervised the destruction; the confiscation of illegal income, and more than 2000 Yuan and fined a maximum of 20,000 yuan.
Agricultural marketing enterprises marketing agricultural products set out in the preceding paragraph, shall be dealt with and punished in accordance with the preceding paragraph.
Wholesale markets of agricultural products in the marketing of agricultural products listed in the first paragraph, the illegal sale of agricultural products in accordance with the provisions of the first paragraph, on the sale of agricultural products, in accordance with the provisions of the first paragraph.
Agricultural products wholesale market in violation of the 37th article of this law, shall be ordered to correct, more than 2000 Yuan and fined a maximum of 20,000 yuan.
Article 32nd 51st article violates this law, fraudulent use of sign of the quality of agricultural products, shall be ordered to correct, confiscate the illegal income, and more than 2000 Yuan and fined a maximum of 20,000 yuan.
52nd 44th, 47th to 49th this law first, fourth, 50th and 51st and penalties provided for in article, decided by the competent administrative Department of the people's Government above the county level agricultural 50th and penalties provided for in the second and third paragraphs, decided by the Administrative Department for industry and commerce. Other provisions of the law on administrative punishment and punishment from its provisions.
However, for the same offence shall not be punished.
53rd in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.
54th production and sale of agricultural products listed in this article 33rd, damages are caused to the consumer, shall bear the liability for damages. Agricultural products wholesale market in the sale of agricultural products of the circumstances prescribed in the preceding paragraph, consumers can demand compensation from the wholesale markets of agricultural products belonging to the producer or seller liability, agricultural products wholesale market has the right to recourse.
Consumers may demand compensation directly to the producers and sellers of agricultural products.
Eighth chapter VIII supplementary provisions 55th article of slaughtering the management in accordance with the relevant provisions of the State. 56th article of the Act come into force on November 1, 2006.