Administrative Measures On Agricultural Products Quality And Safety Monitoring

Original Language Title: 农产品质量安全监测管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201212/20121200379239.shtml

Administrative measures on agricultural products quality and safety monitoring

    (August 14, 2012 2012 7th release from the Ministry of agriculture as of October 1, 2012) Chapter I General provisions

    First to strengthen the quality and safety management, specification for the quality and safety monitoring, according to the People's Republic of China Law on quality safety of agricultural products, the People's Republic of China food safety law and the People's Republic of China regulations for the implementation of the food safety law, these measures are formulated.

    Second people's Governments above the county level agricultural farm produce quality and safety monitoring work carried out by the Administrative Department shall abide by these measures.

    Article III of the quality and safety monitoring, including safety risk monitoring and the quality and safety of agricultural products quality supervision.

    Agricultural product quality safety risk monitoring refers to in order to control the quality and safety conditions and agricultural product quality safety risk assessment, systematically and continuously on the harmful factors affect the quality and safety testing, analysis and evaluation of activities, including routine monitoring, surveys and special monitoring of quality and safety of agricultural products, and so on.

    Agricultural products quality safety supervision refers to oversee the quality and safety of agricultural products, in accordance with the production or conducting sampling activities of agricultural products on the market.

    Fourth Ministry of agriculture based on the agricultural product quality safety risk assessment, agricultural products quality safety supervision and management needs, develop and organize the implementation of the national agricultural products quality and safety monitoring plan.

    Agricultural administrative departments in local people's Governments at or above the county level shall, according to the national agricultural products quality and safety monitoring plan and the administrative situation, developing level of agricultural products quality and safety monitoring plans and their implementation.

    Fifth agricultural products quality and safety inspection work, made by the People's Republic of China agricultural products quality safety law, article 35th of the stipulated conditions detection agencies.

    People's Governments above the county level agricultural administrative departments should strengthen the construction of agricultural product quality and safety testing organization, enhance their detection capabilities.

    Article sixth unified management over the quality and safety of agriculture surveillance data and information, and specify the bodies establishment of national agricultural products quality and safety monitoring database and information management platform, national agricultural products quality and safety monitoring data and information collection, collation, analysis, report the results, and so on. Local people's Governments at or above the county level agricultural Administrative Department is responsible for managing the administrative areas of the quality and safety monitoring data and information.

    Encourage local people's Governments at or above the county level administrative Department of agriculture established the administration of the quality and safety monitoring database.

    Seventh Administrative Department of people's Governments above the county level agricultural farm produce quality and safety monitoring requirements should be included in the budget of the Department to ensure normal operation of the monitoring work.

    Chapter II risk monitoring Eighth agricultural product quality safety risk monitoring should be carried out on a regular basis.

    According to the needs of agricultural products quality safety supervision, can carry out special risk monitoring at any time.

    Nineth agriculture Administration Department of people's Governments above provincial level according to the needs of agricultural product quality safety risk monitoring, development and implementation of agricultural product quality safety risk monitoring network construction plan, establish and improve the quality and safety monitoring network. Tenth people's Governments above the county level departments of agriculture administration under the monitoring scheme to undertake monitoring of agricultural products quality safety agency ordered tasks.

    Accept mandates for preparation of the work programme should be based on the quality and safety monitoring plan and monitoring mandate issued by departments of agriculture administration.

    Programme of work should include the following:

    (A) to monitor the Division of tasks, define the specific sampling, testing, results of institutions;

    (B) specific monitoring entities, including sample types, sources, quantities, test items, such as;

    (C) packaging, delivery and preservation of the samples;

    (D) the tasks designated by the given sampling, test methods and criteria;

    (V) monitoring time of completion and the result to date.

    11th people's Governments above the county level of agricultural administrative departments should be based on the quality and safety risk distribution and changing, adjusting the monitor, monitor, monitor parameters and the frequency of monitoring.

    12th agricultural product quality safety risk monitoring sample meets the requirements of statistical sampling methods should be taken to ensure the representativeness of the sample. 13th article of agricultural product quality safety risk monitoring should be made public in accordance with the standard method of testing.

    No standard method of non-standard methods could be used, but should follow the principle of combining advanced technology and mature technology, and confirmed by the methodology and expert groups identified.

    Article 14th the quality and safety monitoring agencies should be required to release tasks of agricultural administrative departments to submit monitoring data and analysis results.

    15th Administrative Department of people's Governments above provincial level agricultural system of risk should be established to monitor the situation to discuss, to discuss the risk monitoring results analysis, find problems and studies regulatory measures.

    16th administrative departments of local people's Governments at or above the county level shall agriculture shall promptly submit to the superior administrative departments of agriculture surveillance data and analyses, and to the Office of food safety Committee at the same level, public health administration, quality supervision, industrial and commercial administration management and food and drug supervision and management, and other relevant departments.

    Department of agriculture to the food safety Commission of the State Council Office and the health administration, quality supervision, industrial and commercial administration management and food and drug supervision and management departments and provinces, autonomous regions, municipalities, separately listed cities, departments of agriculture Administration informed the monitoring results.

    17th people's Governments above the county level agricultural administrative departments shall, in accordance with the legal competence and the procedure for publishing monitoring results of quality safety of agricultural products and related information.

    Article 18th sampling risk monitoring procedures, testing methods and other provisions of chapter III of the present measures, monitoring results as a basis for law enforcement.

    Chapter III supervision and inspection

    19th Administrative Department of people's Governments above the county level agricultural risk should focus on the quality and safety monitoring results and problems found in the agricultural products quality and safety supervision, agricultural products quality safety supervision and inspection work carried out in a timely manner. 20th inspection in accordance with the principle of separation of the bodies in the sample and detector implementation. Sample work by local departments of agriculture administration or law enforcement agencies, testing under the agricultural products quality and safety inspection agency.

    Testing organizations as necessary, to assist the implementation of sampling and sample preparation, and so on.

    Implementing supervision of the fast detection method, and not be restricted by the provisions of the preceding paragraph. 21st sampling personnel in sampling should be produced to the selected person before law enforcement or work documents.

    Sampling shall be not less than two with law enforcement. Sampling personnel should be accurate, objective and complete fill out the sample form.

    Single sample shall bear the seal of the sampling unit, and by sampling personnel and check for signature or stamp; by the random person should be sealed by the person subjected to spot checks or by the staff member's signature or stamp.

    Sampling a single four copies, respectively, the retained sample units, were carried out one, testing unit and task of agricultural administrative departments.

    Taking samples shall be subject to sampling personnel and selected signature or stamp upon confirmation field samples.

    Of the 22nd under any of the following circumstances, random people can refuse to sample:

    (A) sampling of law enforcement certificates less than two;

    (B) sample persons did not show any law enforcement or work documents. Article 23rd spot checks of people without good reason refused sampling sampling personnel should inform the refusal consequences of sampling and treatment measures.

    Spot checks of people refused sampling sampling personnel should fill in supervision and inspection on site refuse to check confirmation instrument, signed by both the sampling personnel and witnesses, and promptly report to the local administrative Department of agriculture, on selected agricultural products not qualified and punished as such.

    24th superior administrative Department of agriculture supervision and inspection of agricultural products in the same batch, lower agricultural administrative departments shall not repeat sampling. 25th Inspection Agency received samples, should check and record samples of appearance, State, seals had no damage and other situations that may have an impact on test results or to determine and confirm samples and sample single-match record, after detecting and the backup samples are affixed to the appropriately labeled storage.

    If necessary, in the case of test results does not affect sample and sample packaging or repackaging can be numbered.

    Article 26th test designated by the institution shall, in accordance with the mandate issued and judgement based on detection and judgment.

    Rapid detection test, shall comply with the relevant operating rules.

    During the test case sample failure cannot, or other test when testing agencies should faithfully record and issue a written certification.

    27th commissioned the testing agencies supervision may not be detected, other testing agencies. 28th testing organizations test results should be submitted to the mandate of agriculture Administration Department in a timely manner.

    Failed to pass the test results, should be confirmed within 24 hours after the inspection reports submitted to the tasks of agricultural administrative departments and sampling of agricultural administrative departments, check the agricultural Administrative Department shall promptly inform the person subjected to spot checks.

    Disagrees with the 29th spot check one on the test results, can be from the date it receives the test results in the 5th, to the task of agricultural administrative departments or by a superior administrative authority a written application review.

    Fast detection method for spot testing, disagrees with the person subjected to spot checks on the test results, since receiving the test results when applying for review in writing within four hours.

    30th review by departments of agriculture administration specifies a qualified testing agency.

    Review rapid detection methods can not be used.

    Review conclusions consistent with test results, review the expenses shall be borne by the applicant; is not consistent, review the expenses shall be borne by the original testing institution.

    31st administrative departments of local people's Governments at or above the county level shall agriculture agricultural products for sampling is not qualified, it shall promptly investigate and punish, or the transfer of administrative departments for industry and Commerce investigated and dealt with according to law.
The fourth chapter discipline

    32nd the quality and safety monitoring costs shall not be charged to the person subjected to spot checks, monitoring samples were carried out by the sampling unit to buy.

    Article 33rd personnel should be involved in monitoring the law impartially, incorruptibility, not fraud, abuse of power.

    Selected persons or interested persons shall not participate in sampling and testing.

    Article 34th sampling should be carried out strictly in accordance with the programme of work, shall not be allowed to change.

    Sampling personnel must not advance notice were carried out, and does not accept to be sampling one of the gifts, not to use sampling to obtain illegal benefits.

    35th testing agency should be responsible for the authenticity of the test results, may conceal, misrepresent, late detection data and analysis results.

    Testing organizations may make use of the test results in paid activities.

    Article 36th monitoring mandate and personnel involved in monitoring monitoring programmes and the results should be confidential, without the consent of task orders Department, shall not be disclosed to any units or individuals.

    37th article of any units and individuals on the quality and safety of monitoring violations, to reporting to departments of agriculture administration, complaint Department shall timely investigate and deal with.

    Article 38th discipline staff for violations of the sampling and testing work, and handled by the mandate accordingly, and submitted to the competent authorities for the record.

    Monitoring data breaches of confidentiality, by higher authorities mandate criticized the head of unit, direct liable persons shall be disposed of, the punishment.

    39th time testing institution without due cause is not reporting data results from higher authorities reprimanded and ordered to correct serious, cancel the qualification of its inspection tasks.

    Testing organizations falsify test results or issue a false detection results, in accordance with the People's Republic of China Law on quality safety of agricultural products provided for in article 44th penalty.

    40th in violation of these rules constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law. Fifth chapter supplementary articles article 41st since the provisions take effect on October 1, 2012.